SECTION 6. REQUEST FOR

COMMENTS

The Treasury Department and the IRS request comments on issues that should be addressed in guidance relating to § 4261(e)(3). Specifically, the Treasury Department and the IRS request comments addressing the following:

• Whether the methodology in Section 3 of this notice, if adopted, is workable for taxpayers, airlines, and other potential stakeholders.

• Whether the methodology in Section 3 of this notice, if adopted, should be adopted as a rule of general applicability instead of as a safe harbor provision.

• Whether the methodology in Section 3 of this notice should be modified to take into account a longer or shorter period of historical data.

• Whether airlines (or airline mileage awards programs) are willing to share historical data with taxpayers so that taxpayers can verify the tax base upon which the § 4261(a) tax is applied when a taxpayer purchases frequent flyer miles.

• Whether in lieu of the methodology in Section 3 of this notice, the Treasury Department and the IRS should provide an allocation percentage that can be applied on an airline industry-wide basis, which the Treasury Department and the IRS would calculate using industry-provided data.

• How often an industry-wide allocation percentage, if adopted, should be updated to reflect current industry data and what is the best method for the Treasury Department and the IRS to collect the necessary data.

• Whether the Treasury Department and the IRS should adopt a methodology that is not described in this notice and recommendations for alternative methodologies.

• Whether the Treasury Department and the IRS should provide a mechanism for collectors to make adjustments to the Exclusion Ratio to correct computational and typographical errors after the collector reports the Exclusion Ratio to the IRS, and how such a mechanism should work.

• Whether the procedures in Sections 4 and 5 of this notice would be workable from the collector and the taxpayer’s perspectives.

• How to address overpayments and underpayments of tax resulting from errors in the Exclusion Ratio, including whether the collector should be responsible for such underpayments.

DATE: Comments must be submitted by March 15, 2016.

ADDRESSES: Comments, identified by Notice 2015–76, may be sent by one of the following methods:

• Mail:

Internal Revenue Service CC:PA:LPD:PR (Notice 2015–76) Room 5203 P.O. Box 7604 Ben Franklin Station Washington, DC 20044

• Hand or courier delivery: Submissions may be hand delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to:

Courier’s Desk Internal Revenue Service 1111 Constitution Ave., N.W. Washington, DC 20224 Attn: CC:PA:LPD:PR (Notice 2015–76)

• Electronic: Taxpayers may submit comments electronically to Notice.Comments@ irscounsel.treas.gov. Please include “Notice 2015–76” in the subject line of any electronic communications.

All submissions will be available for public inspection and copying in room 1621, 1111 Constitution Avenue, NW, Washington, DC, from 9 a.m. to 4 p.m.