SECTION 3. APPLICATION

.01 The U.S. Department of Transportation, Office of the Secretary of Transportation, in coordination with the Department of the Treasury, periodically publishes an updated list of airports that meet the requirements of § 4261(e)(1)(B). This list may be relied upon to determine whether an airport is a rural airport for purposes of the exception from the domestic segment

July 25, 2005 141 2005–30 I.R.B.

for claiming any § 482 setoffs. The timing provision concerning the notification accommodates both considerations. Accordingly, where a taxpayer does not file a protest to the 30-day letter, the notification must be filed within 30 days after the date of the 30-day letter, unless an extension has been granted by the Commissioner. The request for an extension must be filed before the 30-day period expires. Where the taxpayer files a timely protest, a notification that accompanies the protest will be considered timely. In all events, the notification must be filed no later than within 30 days after the date of the issuance of a notice of deficiency with respect to the adjustments pursuant to § 482. The provisions of § 7502 of the Code apply as to timeliness of any mailed notification.

.05 To meet the burden of proof concerning any claimed § 482 setoff it will be necessary for the taxpayer to furnish certain detailed information as specified in § 1.482–1(g)(4)(ii) of the regulations and § 2.03 of this revenue procedure. Early submission of such information, when possible, will be to the advantage of both the taxpayer and the Commissioner. Normally, the information should be submitted concurrently with the notification. The question concerning the appropriateness of granting additional time in this regard lies entirely within the administrative discretion of the Commissioner.