SECTION 10. WHAT MUST BE

INCLUDED IN THE REQUEST FOR A TAM?

Statement of issues, facts, law, and arguments

Taxpayer must submit statement if the taxpayer initiates request for a TAM

Taxpayer is encouraged to submit statement if Service initiates request for a TAM

Statement of authorities contrary to taxpayer’s position

.09 Any discussion of substantive issues at a pre-submission conference is advisory only, is not binding on the Service, and cannot be relied upon as a basis for obtaining retroactive relief under the provisions of § 7805(b). See also Rev. Proc. 2013–4, section 3.08.

.01 Whether initiated by the taxpayer or by an EP or EO Examinations or an EP or EO Determinations or an appeals office, a request for a TAM must include the facts and the issues for which the TAM is requested, and a written statement that clearly sets forth the applicable law and the arguments in support of both the Service’s and the taxpayer’s positions on the issue or issues.

(1) If the taxpayer initiates the request for a TAM, the taxpayer must submit to the EP or EO specialist or appeals office, at the time the taxpayer initiates the request, a written statement:

(a) stating the facts and the issues;

(b) explaining the taxpayer’s position;

(c) discussing any relevant statutory provisions, tax treaties, court decisions, regulations, revenue rulings, revenue procedures, notices, or any other authority supporting the taxpayer’s position; and

(d) stating the reasons for requesting technical advice.

If the EP or EO specialist or the appeals office determines that a TAM will be requested, the taxpayer’s statement will be forwarded to EP or EO Technical with the request for the TAM.

(2) If the request for a TAM is initiated by an EP or EO Examinations office or by an EP or EO Determinations office or by an appeals office, the taxpayer is encouraged to submit the written statement described in section 10.01(1) of this revenue procedure. If the taxpayer’s statement is received after the request for the TAM has been forwarded to EP or EO Technical, the statement will be forwarded to EP or EO Technical for association with the TAM.

(3) Whether the request for a TAM is initiated by the taxpayer or by an EP or EO Examinations office or by an EP or EO Determinations office or by an appeals office, the taxpayer is encouraged to comment on any legislation, tax treaties, regulations, revenue rulings, revenue procedures, or court decisions contrary to the taxpayer’s position. If the taxpayer determines that there are no contrary authorities, a statement to this effect would be helpful. If the taxpayer does not furnish either contrary authorities or a statement that none exists, the Service, in complex cases or those presenting difficult or novel issues, may request submission of contrary authorities or a statement that none exists.

General provisions of §§ 6104 and .02 Generally, § 6104(a)(1)(B) provides that an application filed with respect to: (1) the 6110 qualification of a pension, profit-sharing, or stock bonus plan under § 401(a) or § 403(a) or an individual retirement arrangement under § 408(a) or § 408(b) will be open to public inspection pursuant to regulations as will (2) any application filed for an exemption from tax under § 501(a) of an organization forming part of a plan or account described above. Generally, § 6110(a) provides that except as provided otherwise, written determinations (defined in § 6110(b)(1) as rulings, determination letters, technical advice memorandums and Chief Counsel advice) and any related background file document will be open to public inspection pursuant to regulations.

Application of § 6104 .03 The requirements for submitting statements and other materials or proposed deletions in TAMs before public inspection is allowed do not apply to requests for any documents to the extent § 6104 applies.

Sec. 10.03 2013–1 I.R.B. 179 January 2, 2013

Statement identifying information to be deleted from public inspection

Transmittal Form 5565, Request for Technical Advice — EP/EO

Address to send requests from EP or EO Examinations or EP or EO Determinations offices or another Operating Division

.04 The text of a TAM subject to § 6110(a) may be open to public inspection. The Service deletes certain information from the text before it is made available for inspection. To help the Service make the deletions required by § 6110(c), the taxpayer must provide a statement indicating the deletions desired (“deletions statement”). If the taxpayer does not submit the deletions statement, the Service will follow the procedures in section 11.06 of this revenue procedure.

A taxpayer who wants only names, addresses, and identifying numbers deleted should state this in the deletions statement. If the taxpayer wants more information deleted, the deletions statement must be accompanied by a copy of the TAM request and supporting documents on which the taxpayer should bracket the material to be deleted. In addition, the deletions statement must (1) indicate the statutory basis, under § 6110(c) for each proposed deletion; (2) must be made in a separate document and not in the request for a TAM; and (3) must be signed and dated by the taxpayer or the taxpayer’s authorized representative (a stamped signature or a faxed signature is not permitted).

The taxpayer may submit additional deletions statements before the TAM is issued, and the taxpayer should follow these same procedures to propose deletions from any additional information submitted after the initial request for a TAM. An additional deletion statement, however, is not required with each submission of additional information.

.05 The EP or EO Examinations or the EP or EO Determinations or the appeals office (including another Operating Division of the Service involved in an examination where EP Technical does not have audit jurisdiction but has interpretive jurisdiction as enumerated in section 6.02 of Rev. Proc. 2013–4) should use Form 5565, Request for Technical Advice — EP/EO, for transmitting a request for technical advice to EP or EO Technical.

The appropriate office of the Service must submit electronically, the Form 5565 for a TAM request to William.Hulteng@irs.gov for EP matters and tege.eo.ra@irs.gov for EO matters. To the extent feasible, the accompanying documents should be submitted to the same e-mail address (followed by a hard copy if requested by the assigned group). See section 9.07 for additional information.

The applicable office should submit additional documents that are not available in electronic form by fax to 202–283–9654 for EP matters, or 202–283–8858 for EO matters, or by express mail or private delivery service to the appropriate address listed below.

Whenever possible, all documents should contain the case number and name of the tax law specialist or actuary assigned to the pre-submission conference for the TAM request. Documents that are being sent in hardcopy should be sent on the business day before the day that the request for a TAM is submitted via e-mail, so as not to delay the process. It is anticipated that most, if not all, such documents will be identified during the pre-submission conference.

The field and the taxpayer are encouraged to provide electronic versions of a proposed TAM containing the taxpayer’s deletions and legends for EP Technical’s or EO Technical’s use.

Employee Plans Internal Revenue Service Attn: SE:T:EP:RA 1111 Constitution Ave., NW — NCA Washington, DC 20224

Exempt Organizations Internal Revenue Service Attn: SE:T:EO:RA 1111 Constitution Ave., NW — NCA Washington, DC 20224

If a request is from an Appeals office and is within EP/EO’s jurisdiction, the field office must send the request for a TAM to one of the above offices with an electronic copy (no paper

Sec. 10.04 January 2, 2013 180 2013–1 I.R.B.

copy to follow) to the Appeals TAM Coordinator at the “*AP Tax Policy & Procedure” email address - Attention: TAM Coordinator - in the subject line.

Power of attorney .06 Any authorized representative, as described in section 9.02 of Rev. Proc. 2013–4, whether or not enrolled to practice, must comply with Treasury Department Circular No. 230, as revised, and with the conference and practice requirements of the Statement of Procedural Rules (26 CFR part 601). A Form 2848, Power of Attorney and Declaration of Representative, must be used with regard to requests for a TAM under this revenue procedure. An original, a copy or a fax transmission of the power of attorney is acceptable so long as its authenticity is not reasonably disputed.