of Rev. Proc. 2000-16.) (Hereafter, all section references are to Rev. Proc. 2000-16.)
of Rev. Proc. 2006-27. The correction methods in this appendix are acceptable under SCP and VCP. Additionally, the correction methods and the earnings adjustment methods in Appendix B are acceptable under SCP and VCP. To the extent a failure listed in this appendix could occur under a 403(b) Plan, a SEP or a SIMPLE IRA Plan, the correction method listed for such failure may be used to correct the failure.
of Rev. Proc. 2002-xx.) (Hereafter, all section references are to Rev. Proc. 2002-xx.)
of Rev. Proc. 2003-39, each Legal Entity may (a) assign to the QI Rights under a Relinquished Property Agreement with respect to one or more items of Tangible Personal Property that are not ultimately matched with one or more Replacement Properties under the LKE Program and (b) assign to the QI Rights under a Replacement Property Agreement with respect to one or more items of Tangible Personal Property that are not ultimately matched with one or more Relinquished Properties under the LKE Program. The parties hereto further acknowledge and agree that, consistent with the Safe Harbor of Section 6.01 of Rev. Proc. 2003-39, the QI may (a) receive funds with respect to the transfer of one or more items of Tangible Personal Property that ultimately are not matched with one or more Replacement Properties under the LKE Program and (b) disburse funds for the acquisition of one or more items of Tangible Personal Property that ultimately are not matched with Relinquished Properties under the LKE Program. Nevertheless, pending the applicable Legal Entity’s completion of the matching procedures under this Agreement, all items of Tangible Personal Property transferred pursuant to a Relinquished Property Agreement, or acquired pursuant to a Replacement Property Agreement, shall be transferred or acquired, as the case may be, pursuant to the terms of this Agreement.
of Rev. Proc. 96-30 shall not constitute a redemption or acquisition of equity securities of Octel; unless in the case of matters involving Sections 2.3(e)(i-iv) above, Octel has previously obtained a ruling from the Internal Revenue Service, reasonably satisfactory to the Company in form and content, to the effect that such proposed transaction will not adversely affect the tax treatment of the Distributions. The foregoing notwithstanding, the Company Group shall be indemnified and held harmless by Octel in accordance with Section 2.3(b)(iv) without regard to the fact that Octel may have received a ruling from the Internal Revenue Service pursuant to this Section 2.3(e) and such ruling was reasonably satisfactory to the Company. In the event a transaction is proposed that is described within this Section 2.3(e), Octel shall, promptly upon becoming aware of such transaction, deliver written notice to the Company in which it describes in sufficient detail such proposed transaction. The Company shall keep such proposed transaction confidential (except it may disclose such proposed transaction to its agents, to enforce its rights under this Agreement, or as may otherwise be required by law).
of Rev. Proc. 2002-67. Within 15 days of the date that the Service notifies the Electing Taxpayer that the Service has determined that the Fast Track Dispute Resolution Procedure - Contingent Liability Cases was unsuccessful, the Taxpayer must select three names from the qualified list and rank them in order of preference. If the first candidate is unavailable, the Administrator will contact the other candidates in the order indicated by the Taxpayer. The fees and costs of the Arbitrator will be shared equally by the Parties. The Administrator will arrange for the hiring of the Arbitrator, subject to applicable rules and regulations for Government procurement. A selected Arbitrator who has represented or currently represents a promoter or investor in a Contingent Liability Transaction, or whose firm has done so, is not neutral and, therefore, will be ineligible to serve as an arbitrator in a proceeding under this revenue procedure. The selected Arbitrator will be disqualified from representing the Taxpayer in any pending or future action that involves the transactions or issues that are the particular subject matter of the arbitration. This disqualification extends to representing any other parties involved in transactions or issues that are the particular subject matter of the arbitration. Members or employees of the Arbitrator’s firm will also be disqualified from representing the Electing Taxpayer or any other parties involved in the transactions or issues that are the particular subject matter of the arbitration in an action that involves the transactions or issues that are the particular subject matter of the arbitration, unless: (i) the Arbitrator disclosed the potential of such representation prior to the parties’ acceptance of the Arbitrator; (ii) such action relates to a taxable year that is different from the taxable year(s) under arbitration; (iii) the firm’s internal controls preclude the Arbitrator from any form of participation in the matter; and (iv) the firm does not allocate to the Arbitrator any part of the fee therefrom. The Arbitrator will not be prohibited from receiving a salary, partnership share, or corporate distribution established by prior independent agreement. The Arbitrator and the firm are not disqualified from representing the Electing Taxpayer or any other parties involved in the arbitration in any matter unrelated to the transactions or issues that are the particular subject matter of the arbitration. The Arbitrator shall have no ...
of Rev. Proc. 68-16 spells out the evidence of authority to be attached to any such agreement not signed by the taxpayer. There are also specific instructions regarding signature authority in this section for power of attorney holders, decedents and estates, trusts, dissolved corporations, partnerships, insolvent taxpayers, and guardians other than court-appointed fiduciaries. A power-of-attorney must expressly provide authorization to execute an agreement.
of Rev. Proc. 2002-22 regarding unanimous annual renewals of any management agreement. Specifically regarding business activities, § 6.11 of Rev. Proc. 2002-22 provides that the co-owners' activities must be limited to those customarily performed in connection with the maintenance and repair of rental real property (customary activities). See Rev. Rul. 75-374,1975-2 C.B. 261. Activities will be treated as customary activities for this purpose if the activities would not prevent an amount received by an organization described in § 511 (a)(2)from qualifying as rent under § 512(b)(3)(A) and the regulations thereunder. In determining the co-owners' activities, all activities of the co-owners, their agents, and any persons related to the co-owners with respect to the property will be taken into account, whether or not those activities are performed by the co-owners in their capacities as co- owners. For example, if the sponsor or a lessee is a co-owner, then all of the activities of the sponsor or lessee (or any person related to the sponsor or lessee) with respect to the property will be taken into account in determining whether the co-owners' activities are customary activities. However, activities of a co-owner or a related person with respect to the property (other than in the co-owner's capacity as a co-owner) will not be taken into account if the co-owner owns an undivided interest in the property for less than 6months. Accordingly, the activities of Company and any person related to Company with respect to the property must be taken into account in determining whether the co-owners' activities arecustomary activities under § 6.11 of Rev. Proc. 2002-22. After acquiring and leasing the property, Company will create and sell undivided fractional interests in the Property at fair market value. Company will continue to own some undivided interests in the property until all are sold, which may take 18 months or longer to complete. During this period, the property will be leased to a lessee under a triple net lease, thereby limiting the activities by the Co-owners. In addition, Company represents that the only activities of the Co-owners, including Company, (or any person related to the Co-owners) with respect to the property will be activities that would not prevent an amount received by an organization described in § 511(a)(2) from qualifying as rent under § 512(b)(3)(A) and the regulations thereunder. Therefore, Company's activities in the capacity as a Co-owner dur...
of Rev. Proc. 96-30 shall not constitute a redemption or acquisition of stock of Ascent for purposes of this Section 4.02(c).
of Rev. Proc. 97–27, or a successor, shall apply to any other taxable year for which such amount is taken into account (i.e., any spread period). A PFA under this provision may not be entered into with respect to a change in method of accounting requested pursuant to automatic consent procedures, such as Rev. Proc. 2002–9.
