Great Plains Gasification Associates, A Partnership, Transco Coal Gas Company, A Partner Other Than The Tax Matters Partner - Page 45

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          default on the project indebtedness.  On September 10, 1986, the            
          IRS issued Private Letter Ruling 8649051 (the September 1986                
          letter ruling).  In this 28-page ruling, the IRS concluded that,            
          as of May 22, 1986 (the date of the ruling request), the                    
          partnership had not abandoned the project or made other                     
          disposition of the project.  The ruling stated:                             
                    There are two facts involved here that negate the                 
               argument that * * * [the partnership] has abandoned the                
               Project.  First, * * * [ANR] and * * * [Transco] are                   
               continuing to seek a solution to the financial                         
               difficulties facing the Project by negotiating an                      
               agreement with * * * [DOE] that would permit * * * [the                
               partnership’s] continued participation in the Project.                 
               Second, by refusing to grant approval for * * * [DOE]                  
               to sell excess assets of the Project, * * * [the                       
               partnership] has shown that it has not abandoned all                   
               rights or involvement in the Project or control over                   
               the Project’s assets.                                                  
               Approximately 10 years after the IRS National Office issued            
          this letter ruling, the Houston IRS District Office submitted to            
          the IRS National Office factual and legal objections to the                 
          ruling, contending that the partners’ original ruling request had           
          omitted or misstated material facts that resulted in an incorrect           
          ruling.  On October 17, 1997, the IRS National Office issued                
          Technical Advice Memorandum 9811002, which rejected the                     
          objections of the IRS Houston District Office, stating:                     
               although the ruling request omitted certain information                
               that bore some relevance to the underlying tax issues                  
               and characterized other information differently than                   
               the District, these additional facts and alternate                     
               characterizations, when taken together, were not                       
               material.  Therefore, the * * * [ruling] is to be                      
               applied by the district director in the determination                  





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