SECTION 4. DEFINITIONS — Internal Revenue Bulletin 2001-23

.01 Taxpayer . The term “taxpayer” has the same meaning as the term “person” as defined in § 7701(a)(1) (an individual, trust, estate, partnership, association, or corporation) rather than the meaning of the term “taxpayer” as defined in § 7701(a)(14) (any person subject to tax).

.02 Pass-through entity. For purposes of this revenue procedure, the term “passthrough entity” means a partnership, S corporation (as defined in § 1361), electing S corporation ( i.e., a corporation attempting to make an S election for the first effective year), trust, estate, common trust fund (as defined in § 584), controlled foreign corporation (as defined in § 957), foreign personal holding company (as defined in § 552), passive foreign investment company that is a qualified electing fund (as defined in § 1295), or any other similar entity.

.03 First effective year . The first effective year is the first taxable year for which an adoption, change, or retention in annual accounting period is effective. Thus,

2001–23 I.R.B. 1305 June 4, 2001

accounting period is an issue under consideration may be referred to the national office as a request for technical advice under the provisions of Rev. Proc. 2001–2, 2001–1 I.R.B. 79 (or any successor), or, for exempt organizations, Rev. Proc. 2001–5, 2001–1 I.R.B. 164 (or any successor).

(2) Before an area office . A taxpayer’s annual accounting period is an issue under consideration for the taxable years before an area office if the taxpayer’s annual accounting period is included as an item of adjustment in the examination report referred to an area office or is specifically identified in writing to the taxpayer by an area office.

(3) Before a federal court . A taxpayer’s annual accounting period is an issue under consideration for the taxable years before a federal court if the taxpayer’s annual accounting period is an item included in the statutory notice of deficiency, the notice of claim disallowance, the notice of final administrative adjustment, the pleadings (for example, the petition, complaint, or answer) or amendments thereto, or is specifically identified in writing to the taxpayer by the government counsel.