SECTION 4. REQUESTING AN LMSB

PRE-FILING AGREEMENT

.01 General information . A request for an LMSB PFA must contain the following general information about the taxpayer and its request for an LMSB PFA:

(1) Names, addresses, telephone numbers, and taxpayer identification numbers of all interested parties;

(2) The name, title, address and telephone number of a person to contact (If the person to contact is an authorized representative of the taxpayer, a properly executed Form 2848, Power of Attorney and Declaration of Representative, must accompany the request);

(3) The annual accounting period and the overall method of accounting ( e.g., cash receipts and disbursements or accrual) for maintaining the accounting books and filing the federal income tax return of all interested parties;

(4) The location of the taxpayer’s tax staff and records;

(5) A brief description of the taxpayer’s business operations, including the NAICS (North American Industry Code System) classification used by the taxpayer on its last filed return; and

(6) The taxable period for which the LMSB PFA is sought, the last date on which the taxpayer may file (with extensions) a timely return for that period, and (if earlier) the date on which the taxpayer intends to file that return;

.02 Specific descriptions of issues. A request for an LMSB PFA should also contain a separate written statement for each proposed issue that concisely:

(1) Describes the issue; (2) Summarizes all the facts that are relevant and material to the issue;

(3) States whether the issue involves an item or transaction in which two or more persons may take contrary positions with respect to the item or transaction (a “whipsaw” issue);

(4) Summarizes all relevant legal authorities, including citations to specific sections of the Internal Revenue Code, Income Tax Regulations, case law and other authorities, and discusses why the issue is an eligible issue as defined in section 3 of this revenue procedure;

(5) Summarizes and discusses the implications of any known authorities that may be potentially contrary to the position advanced, such as legislation (or pending legislation), tax treaties, court decisions, regulations, revenue rulings, revenue procedures, notices, or announcements;

(6) Discusses the suitability of the issue for the LMSB PFA program in light of the purpose and criteria set forth in sections 1, 2, and 3 of this revenue procedure;

(7) Discusses whether the LMSB PFA will have any effect in taxable periods either before or after the taxable period for which the LMSB PFA is sought;

(8) States whether the taxpayer has applied for competent authority assistance with respect to the issue for the year in question or any prior year;

(9) States whether the issue, or any part of the issue, has ever been the subject of a request for private letter ruling, determination letter, consent to change a method of accounting, or technical advice with respect to the year in question or any prior year;

(10) Discusses whether the issue can be resolved by the date on which the taxpayer intends to file its return for the taxable period in question; and

(11) Describes the availability, organization and location of the records and other evidence that substantiate the taxpayer’s proposed position on the issue.

.03 Perjury statement. A request for an LMSB PFA, and any supplemental submissions (including additional documents), must include a declaration, signed by a person currently authorized to sign the taxpayer’s federal income tax return, in the following form:

Under penalties of perjury, I declare that I have examined this request, including accompanying documents, and to the best of my knowledge and belief, the facts presented in support of the request for the Pre-Filing Agreement are true, correct and complete. .04 Agreement regarding examination or inspection of records. The request for a LMSB PFA must contain a statement by the taxpayer that the taxpayer agrees that the inspection of records and testimony under the LMSB PFA procedures will not preclude or impede (under § 7605(b) or any administrative provisions adopted by

February 26, 2001 748 2001–9 I.R.B.

the Service) a later examination of a return or inspection of records with respect to any taxable year needed to resolve the issue in the request for an LMSB PFA, and that the Service need not comply with any applicable procedural restrictions (such as providing notice under § 7605(b) before beginning such examination or inspection).

.05 Signature. The request for an LMSB PFA must be signed by the taxpayer or the representative properly authorized by the taxpayer in the accompanying Form 2848, Power of Attorney and Declaration of Representative .

.06 Where to submit request. A request for an LMSB PFA:

(1) In the case of a taxpayer whose return is currently under examination by the LMSB, should be submitted to the LMSB Team Manager in charge of the examination; or

(2) In the case of a taxpayer whose return is not currently under examination, should be sent to the following address:

Internal Revenue Service Attn: LMSB Manager, Pre-Filing Services, Mint Building 1111 Constitution Avenue, NW Washington, DC 20224

(3) Facsimile transmissions may be made to (202) 283-8427 (not a toll free call).