Internal Revenue Bulletin 2022-12

Official source: Internal Revenue Bulletin (https://www.irs.gov/pub/irs-irbs/irb22-12.pdf), retrieved 2026-10-03. U.S. Government work (17 U.S.C. § 105).

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These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations.

AOD 2022-2, page 903. Nonacquiescence to the holding that relocation benefits provided by a railroad to its employees are exempt from Railroad Retirement Tax Act (RRTA) taxation under I.R.C. § 3231(e)(1)(iii).

Resident populations of the 50 states, the District of Columbia, Puerto Rico, and the insular areas for purposes

Finding Lists begin on page ii.

of determining the 2022 calendar year (1) state housing credit ceiling under section 42(h) of the Code, (2) private activity bond volume cap under section 146, and (3) private activity bond volume limit under section 142(k) are reproduced.

Fringe benefits aircraft valuation formula. For purposes of section 1.61-21(g) of the Income Tax Regulations, relating to the rule for valuing non-commercial flights on employer-provided aircraft, the Standard Industry Fare Level (SIFL) cents-per-mile rates and terminal charges in effect for the first half of 2022 are set forth.

Provide America’s taxpayers top-quality service by helping them understand and meet their tax responsibilities and enforce the law with integrity and fairness to all.

The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. It is published weekly.

It is the policy of the Service to publish in the Bulletin all substantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indicated. Procedures relating solely to matters of internal management are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published.

Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements.

Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned

against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same.

The Bulletin is divided into four parts as follows:

Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986.

Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Legislation and Related Committee Reports.

Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secretary (Enforcement).

Part IV.—Items of General Interest. This part includes notices of proposed rulemakings, disbarment and suspension lists, and announcements.

The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period.

The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.

March 21, 2022 Bulletin No. 2022–12

Actions Relating to Court Decisions

It is the policy of the Internal Reve­ nue Service to announce at an early date whether it will follow the holdings in cer­ tain cases. An Action on Decision is the document making such an announcement. An Action on Decision will be issued at the discretion of the Service only on un­ appealed issues decided adverse to the government. Generally, an Action on De­ cision is issued where its guidance would be helpful to Service personnel working with the same or similar issues. Unlike a Treasury Regulation or a Revenue Ruling, an Action on Decision is not an affirma­ tive statement of Service position. It is not intended to serve as public guidance and may not be cited as precedent.

Actions on Decisions shall be relied upon within the Service only as conclu­ sions applying the law to the facts in the particular case at the time the Action on Decision was issued. Caution should be ex­ ercised in extending the recommenda­tion

of the Action on Decision to similar cases where the facts are different. More­over, the recommendation in the Action on De­ cision may be superseded by new legisla­ tion, regulations, rulings, cases, or Actions on Decisions.

Prior to 1991, the Service published acquiescence or nonacquiescence only in certain regular Tax Court opinions. The Service has expanded its acquiescence program to include other civil tax cases where guidance is determined to be help­ ful. Accordingly, the Service now may acquiesce or nonacquiesce in the holdings of memorandum Tax Court opinions, as well as those of the United States District Courts, Claims Court, and Circuit Courts of Appeal. Regardless of the court decid­ ing the case, the recommendation of any Action on Decision will be published in the Internal Revenue Bulletin .

The recommendation in every Action on Decision will be summarized as ac­ quiescence, acquiescence in result only, or nonacquiescence. Both “acquies­ cence” and “acquiescence in result only” mean that the Service accepts the holding

of the court in a case and that the Ser­ vice will follow it in disposing of cases with the same controlling facts. How­ ever, “acqui­escence” indicates neither approval nor disapproval of the reasons assigned by the court for its conclusions; whereas, “acqui­escence in result only” indicates disagree­ment or concern with some or all of those reasons. “Nonacqui­ escence” signifies that, although no fur­ ther review was sought, the Service does not agree with the hold­ing of the court and, generally, will not follow the deci­ sion in disposing of cases involving other taxpayers. In reference to an opinion of a circuit court of appeals, a “nonacquies­ cence” indicates that the Ser­vice will not follow the holding on a na­tionwide ba­ sis. However, the Service will recognize the precedential impact of the opinion on cases arising within the venue of the de­ ciding circuit.

The Commissioner does NOT ACQUI­ ESCE in the following decision:

CSX Corp. v. United States, 18 F.4th 672 (11th Cir. 2021). ¹

1 Nonacquiescence to the holding that relocation benefits provided by a railroad to its employees are exempt from Railroad Retirement Tax Act (RRTA) taxation under I.R.C. § 3231(e)(1)(iii).

Bulletin No. 2022–12 903 March 21, 2022

For purposes of the taxation of fringe benefits under section 61 of the Internal Revenue Code, section 1.61-21(g) of the Income Tax Regulations provides a rule for valuing noncommercial flights on employer-provided aircraft. Section 1.6121(g)(5) provides an aircraft valuation formula to determine the value of such flights. The value of a flight is determined under the base aircraft valuation formula (also known as the Standard Industry Fare Level formula or SIFL) by multiplying the SIFL cents-per-mile rates applicable for the period during which the flight was taken by the appropriate aircraft multiple provided in section 1.61-21(g)(7) and then adding the applicable terminal charge. The SIFL cents-per-mile rates in the formula and the terminal charge are calculated by

Unadjusted SIFL Rate

Period During Which the Flight Is Taken

Terminal SIFL Mileage Charge Rates

the Department of Transportation (DOT) and are reviewed semi-annually.

According to DOT, due to the effect of the COVID-19 pandemic, airline indus­ try capacity (as measured by airline seat miles) was reduced faster than airline in­ dustry expenses were reduced. Generally, the SIFL rate is the result of airline indus­ try expenses divided by airline seat miles. Because airline seat miles were reduced faster than airline industry expenses, the SIFL rate for the 6-month Tax Period Ef­ fective 1/1/2021 increased substantially.

Furthermore, in March 2020, the Coro­ navirus Aid, Relief, and Economic Securi­ ty Act was enacted, directing the Treasury Department to allot up to $25 billion for domestic carriers to cover payroll ex­ penses via grants and promissory notes, known as the Payroll Support Program (PSP). The PSP grants and PSP promisso­ ry notes offset airline industry expenses.

Accordingly, DOT provided two alterna­ tives to incorporate differing levels of the PSP into the SIFL rate calculations to both account for the PSP in the rate calcula­ tions and to mitigate the pandemic impact on the SIFL rate. One calculation adjusts the SIFL rates to account for PSP grants only while the other calculation adjusts the SIFL rates to account for both the PSP grants and PSP promissory notes.

This revenue ruling contains these three SIFL rates: (1) the Unadjusted SIFL Rate, (2) the SIFL Rate Adjusted for PSP Grants, and (3) the SIFL Rate Adjusted for PSP Grants and Promissory Notes. Taxpayers may use any of the three rates when determining the value on noncom­ mercial flights of employer-provided air­ craft under section 1.61-21(g).

The following charts set forth the ter­ minal charges and SIFL mileage rates:

1/1/22 - 6/30/22 $44.98 Up to 500 miles = $.2460 per mile

501-1500 miles = $.1876 per mile

Over 1500 miles = $.1803 per mile SIFL Rate Adjusted for PSP Grants

1/1/22 - 6/30/22 $33.88 Up to 500 miles = $.1853 per mile

501-1500 miles = $.1413 per mile

Over 1500 miles = $.1359 per mile SIFL Rate Adjusted for PSP Grants and Promissory Notes

1/1/22 - 6/30/22 $29.45 Up to 500 miles = $.1611 per mile

501-1500 miles = $.1228 per mile

Over 1500 miles = $.1181 per mile

March 21, 2022 904 Bulletin No. 2022–12

DRAFTING INFORMATION

The principal author of this revenue rul­ ing is Kathleen Edmondson of the Office

of Associate Chief Counsel (Employee Benefits, Exempt Organizations and Em­ ployment Taxes). For further information regarding this revenue ruling, contact Ms.

Edmondson at (202) 317-6798 (not a tollfree number).

Bulletin No. 2022–12 905 March 21, 2022

2022 Calendar Year Resident Population Figures

This notice advises State and local hous­ ing credit agencies that allocate low-in­ come housing tax credits under § 42 of the Internal Revenue Code, and States and other issuers of tax-exempt private activ­ ity bonds under § 141, of the population figures to use in calculating: (1) the 2022 calendar year population-based component of the State housing credit ceiling (Credit Ceiling) under § 42(h)(3)(C)(ii); (2) the 2022 calendar year volume cap (Volume Cap) under § 146; and (3) the 2022 volume limit (Volume Limit) under § 142(k)(5).

Generally, the population-based com­ ponent of both the Credit Ceiling and

the Volume Cap are determined under § 146(j), which requires determining the population figures for any calendar year on the basis of the most recent census es­ timate of the resident population of a State (or issuing authority) released by the U.S. Census Bureau before the beginning of the calendar year. Similarly, § 142(k)(5) bases the Volume Limit on the State population.

Sections 42(h)(3)(H) and 146(d)(2) require adjusting for inflation the popula­ tion-based component of the Credit Ceil­ ing and the Volume Cap. The Credit Ceil­ ing adjustment for the 2022 calendar year is in Rev. Proc. 2021-45, 2021-48 I.R.B 764. Section 3.09 of Rev. Proc. 2021-45 provides that, for calendar year 2022, the amount for calculating the Credit Ceil­ ing under § 42(h)(3)(C)(ii) is the greater of $2.60 multiplied by the State popula­ tion, or $2,975,000. Further, section 3.20 of Rev. Proc. 2021-45 provides that the amount for calculating the Volume Cap

under § 146(d)(1) for calendar year 2022 is the greater of $110 multiplied by the State population, or $335,115,000.

For the 50 states, the District of Colum­ bia, and Puerto Rico, the population fig­ ures for calculating the Credit Ceiling, the Volume Cap, and the Volume Limit for the 2022 calendar year are the resident pop­ ulation estimates released electronically by the U.S. Census Bureau on December 21, 2021, and described in Press Release CB21-208. For American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands, the population figures for the 2022 calendar year are the 2021 midyear population figures in the U.S. Census Bureau’s International Data Base (IDB). The U.S. Census Bureau electron­ ically announced an update of the IDB on December 21, 2021, in Press Release CB21-TPS.148.

For convenience, these figures are re­ printed below.

Resident Population Figures Alabama 5,039,877 Alaska 732,673 American Samoa 46,366 Arizona 7,276,316 Arkansas 3,025,891 California 39,237,836 Colorado 5,812,069 Connecticut 3,605,597 Delaware 1,003,384 District of Columbia 670,050 Florida 21,781,128 Georgia 10,799,566 Guam 168,801 Hawaii 1,441,553 Idaho 1,900,923 Illinois 12,671,469 Indiana 6,805,985 Iowa 3,193,079 Kansas 2,934,582 Kentucky 4,509,394 Louisiana 4,624,047 Maine 1,372,247 Maryland 6,165,129 Massachusetts 6,984,723 Michigan 10,050,811 Minnesota 5,707,390 Mississippi 2,949,965 Missouri 6,168,187 Montana 1,104,271

March 21, 2022 906 Bulletin No. 2022–12

Resident Population Figures Nebraska 1,963,692 Nevada 3,143,991 New Hampshire 1,388,992 New Jersey 9,267,130 New Mexico 2,115,877 New York 19,835,913 North Carolina 10,551,162 North Dakota 774,948 Northern Mariana Islands 51,659 Ohio 11,780,017 Oklahoma 3,986,639 Oregon 4,246,155 Pennsylvania 12,964,056 Puerto Rico 3,263,584 Rhode Island 1,095,610 South Carolina 5,190,705 South Dakota 895,376 Tennessee 6,975,218 Texas 29,527,941 Utah 3,337,975 Vermont 645,570 Virginia 8,642,274 Virgin Islands, U.S. 105,870 Washington 7,738,692 West Virginia 1,782,959 Wisconsin 5,895,908 Wyoming 578,803

The principal authors of this notice are Michael J. Torruella Costa, Office of the Associate Chief Counsel (Passthroughs

and Special Industries), and Lewis Bell, Office of the Associate Chief Counsel (Financial Institutions and Products). For

further information regarding this notice, please contact Mr. Torruella Costa at (202) 317-4137 (not a toll-free number).

Bulletin No. 2022–12 907 March 21, 2022

Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the ­effect:

Amplified describes a situation where no change is being made in a prior pub­ lished position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. Thus, if an earlier ruling held that a principle ap­ plied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below).

Clarified is used in those instances where the language in a prior ruling is be­ ing made clear because the language has caused, or may cause, some confusion. It is not used where a position in a prior rul­ ing is being changed.

Distinguished describes a situation where a ruling mentions a previously pub­ lished ruling and points out an essential difference between them.

new ruling does more than restate the sub­ stance of a prior ruling, a combination of terms is used. For example, modified and superseded describes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previous­ ly published ruling in a new ruling that is self contained. In this case, the previously published ruling is first modified and then, as modified, is superseded.

Supplemented is used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original ruling has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the additions, and supersedes all prior rul­ ings in the series.

where a ruling mentions a previously pub­ the 1986 Code and regulations the same Suspended is used in rare situations to lished ruling and points out an essential position published under the 1939 Code show that the previous published rulings difference between them. and regulations. The term is also used will not be applied pending some future

Modified is used where the substance when it is desired to republish in a single action such as the issuance of new or of a previously published position is being ruling a series of situations, names, etc., amended regulations, the outcome of cas­ changed. Thus, if a prior ruling held that a that were previously published over a es in litigation, or the outcome of a Ser­ principle applied to A but not to B, and the period of time in separate rulings. If the vice study.

Modified is used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the

new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified and clarified, above).

Obsoleted describes a previously pub­ lished ruling that is not considered deter­ minative with respect to future transactions. This term is most commonly used in a ruling that lists previously published rulings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted.

Revoked describes situations where the position in the previously published ruling is not correct and the correct position is being stated in a new ruling.

Superseded describes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the

The following abbreviations in current use and formerly used will appear in material published in the Bulletin.

A —Individual. Acq. —Acquiescence. B —Individual. BE —Beneficiary. BK —Bank. B.T.A. —Board of Tax Appeals. C —Individual. C.B. —Cumulative Bulletin. CFR —Code of Federal Regulations. CI —City. COOP —Cooperative. Ct.D. —Court Decision. CY —County. D —Decedent. DC —Dummy Corporation. DE —Donee. Del. Order —Delegation Order. DISC —Domestic International Sales Corporation. DR —Donor. E —Estate. EE —Employee. E.O. —Executive Order. ER —Employer.

ERISA —Employee Retirement Income Security Act. EX —Executor. F —Fiduciary. FC —Foreign Country. FICA —Federal Insurance Contributions Act. FISC —Foreign International Sales Company. FPH —Foreign Personal Holding Company. F.R. —Federal Register. FUTA —Federal Unemployment Tax Act. FX —Foreign corporation. G.C.M. —Chief Counsel’s Memorandum. GE —Grantee. GP —General Partner. GR —Grantor. IC —Insurance Company. I.R.B. —Internal Revenue Bulletin. LE —Lessee. LP —Limited Partner. LR —Lessor. M —Minor. Nonacq. —Nonacquiescence. O —Organization. P —Parent Corporation. PHC —Personal Holding Company. PO —Possession of the U.S. PR —Partner. PRS —Partnership.

PTE —Prohibited Transaction Exemption. Pub. L. —Public Law. REIT —Real Estate Investment Trust. Rev. Proc. —Revenue Procedure. Rev. Rul. —Revenue Ruling. S —Subsidiary. S.P.R. —Statement of Procedural Rules. Stat. —Statutes at Large. T —Target Corporation. T.C. —Tax Court. T.D. —Treasury Decision. TFE —Transferee. TFR —Transferor. T.I.R. —Technical Information Release. TP —Taxpayer. TR —Trust. TT —Trustee. U.S.C. —United States Code. X —Corporation. Y —Corporation. Z —Corporation.

Bulletin No. 2022–12 i March 21, 2022

Numerical Finding List ¹

Bulletin 2022–12

Announcements:

2022-3, 2022-8 I.R.B. 788 2022-4, 2022-9 I.R.B. 789 2022-5, 2022-11 I.R.B. 825

AOD:

2022-1, 2022-06 I.R.B. 466 2022-2, 2022-12 I.R.B. 903

Notices:

2022-1, 2022-02 I.R.B. 304 2022-2, 2022-02 I.R.B. 304 2022-3, 2022-02 I.R.B. 308 2022-4, 2022-02 I.R.B. 309 2022-5, 2022-05 I.R.B. 457 2022-6, 2022-05 I.R.B. 460 2022-7, 2022-06 I.R.B. 469 2022-8, 2022-07 I.R.B. 491 2022-9, 2022-10 I.R.B. 811 2022-10, 2022-10 I.R.B. 815 2022-12, 2022-12 I.R.B. 906

Proposed Regulations:

REG-118250-20, 2022-07 I.R.B. 753 REG-105954-20, 2022-11 I.R.B. 828 REG-114209-21, 2022-11 I.R.B. 898

Revenue Procedures:

2022-1, 2022-01 I.R.B. 1 2022-2, 2022-01 I.R.B. 120 2022-3, 2022-01 I.R.B. 144 2022-4, 2022-01 I.R.B. 161 2022-5, 2022-01 I.R.B. 256 2022-7, 2022-01 I.R.B. 297 2022-9, 2022-02 I.R.B. 310 2022-11, 2022-03 I.R.B. 449 2022-8, 2022-04 I.R.B. 451 2022-10, 2022-06 I.R.B. 473 2022-13, 2022-06 I.R.B. 477 2022-12, 2022-07 I.R.B. 494 2022-14, 2022-07 I.R.B. 502

Revenue Rulings:

2022-1, 2022-02 I.R.B. 301 2022-2, 2022-04 I.R.B. 451 2022-3, 2022-06 I.R.B. 467 2022-4, 2022-10 I.R.B. 790 2022-5, 2022-10 I.R.B. 792 2022-6, 2022-12 I.R.B. 904

Treasury Decisions:

9959, 2022-03 I.R.B. 328 9961, 2022-03 I.R.B. 430 9960, 2022-07 I.R.B. 481 9962, 2022-11 I.R.B. 823

1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2020–27 through 2020–52 is in Internal Revenue Bulletin 2020–52, dated December 27, 2021.

March 21, 2022 ii Bulletin No. 2022–12

Finding List of Current Actions on Previously Published Items ¹

Bulletin 2022–12

1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2020–27 through 2020–52 is in Internal Revenue Bulletin 2020–52, dated December 27, 2021.

Bulletin No. 2022–12 iii March 21, 2022

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