- 45 - 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 determinationPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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