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IRS Declines to Rule on Some Charity Matters

February 6, 2003 | Read Time: 1 minute

The IRS has identified a number of areas of the tax code, including some related to charities, for which taxpayers may no longer request a special ruling.

Taxpayers may pay a fee to receive rulings, known as private-letter rulings, that clarify tax laws as they apply to specific situations. However, the IRS will not issue private-letter rulings when it considers that the law and regulations on the subject are clear. In addition, the IRS will not make rulings on subjects for which it may shortly issue new or revised regulations. Periodically, the IRS updates the list of subjects on which it will not issue rulings, as a result of new laws or regulations it has issued or plans to issue.

Among other topics on its latest list, the IRS says it will not rule on whether taxpayers who lend money to a charity may deduct the debt if they forgive all or part of the loan. Nor will it rule on whether a taxpayer may take a deduction for gifts set aside for charity by a trust or estate if there is a possibility that the gifts could be revoked. Other areas in which the IRS will no longer issue rulings may be found in Revenue Procedure 2003-3, in Internal Revenue Bulletin 2003-1.


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