department of the treasury internal_revenue_service washington d c os q se ep rat - tax_exempt_and_government_entities_division uics sep - legend taxpayer a taxpayer b taxpayer c taxpayer d ira x company m trust t date date date date state w percentage percentage dear percentage this is in response to the request for letter rulings under sec_401 and sec_408 of the internal_revenue_code as amended by correspondence received by the internal_revenue_service on representations support your ruling_request the following facts and taxpayer a whose date of birth was date died on date a resident of state w without having attained age taxpayer a was survived by his spouse taxpayer b and his two daughters taxpayers c and d taxpayer c is older than taxpayer d taxpayer b is older than taxpayer c at the time of his death taxpayer a was the owner of ira x an individual axpayer a named trust t as the beneficiary of his ira x your authorized retirement account which it is represented complies within the requirements of code sec_408 maintained with company m by means of a beneficiary designation dated date representative has asserted on your behalf that trust t is valid under the laws of state w your authorized representative has also asserted on your behalf that a copy of trust t was presented to company m within nine months of date taxpayer a’s death the date of trust t was established by taxpayer a on date and has been subsequently amended article seventh c of trust t provides that trust t became irrevocable at the death of taxpayer a article eleventh b of trust t provides that taxpayer b became the sole trustee-of trust t upon the death of taxpayer a article sixth b of trust t provides in relevant part that upon the death of taxpayer a percentage of the trust t estate shall be distributed to taxpayer b percentage of the trust t estate shall be distributed to taxpayer c and percentage of the trust t estate shall be distributed to taxpayer d taxpayers b c and d have requested that company m divide ira x by means of trustee-to-trustee transfers into three iras each of the three transferee iras will be maintained in the name of taxpayer a deceased one of the three transferee iras will hold percentage of ira x and will be set up and maintained to benefit taxpayer b as a beneficiary of trust t the named beneficiary thereof after the three transferee iras are set up the transferee ira set up to benefit it has been represented that said representative request the following letter rulings based upon the above facts and representations you through your authorized taxpayer b will be converted by means of a distribution and subsequent rollover into an ira set up and maintained in the name of taxpayer b rollover will occur within the time frame referenced in code sec_408 that trust t constitutes a qualified ‘see-through trust within the meaning of sec_1_401_a_9_-4 of the final regulations question and answer-5 that company m’s dividing ira x by means of trustee to trustee transfers into three transferee iras in the name of taxpayer a deceased including one set up to benefit taxpayer b as beneficiary of trust t named beneficiary thereof will not result in the transferee ira set up to benefit taxpayer b failing to comply with the requirements of code sec_408 including the requirements of code sec_408 and that taxpayer b may receive a distribution of the transferee ira set up to benefit her and roll over said distribution into an ira set up and maintained in her name with respect to your ruling requests code sec_408 provides that under regulations prescribed by the secretary rules similar to the rules of sec_401 and the incidental death_benefit requirements of sec_401 shall apply to the distribution of the entire_interest of an individual for whose benefit an ira trust is maintained code sec_401 provides in relevant part that distributions from an ira are required to begin to the ira holder no later than april of the calendar_year following the calendar_year during which the ira holder attains age code sec_401 provides in summary that a_trust shall not constitute a qualified_trust under this section unless the plan provides that if an employee dies before the distribution of the employee’s interest has begun in accordance with subparagraph a ii the entire_interest of the employee will be distributed within years after the death of the employee code sec_401gii provides in general that if any portion of the interest of a deceased plan participant is payable to or for the benefit of a designated_beneficiary such portion will be distributed beginning not later than year after the date of the deceased’s death or a later date as prescribed by the secretary under regulations in accordance with regulations over the life of the designated_beneficiary or a period not extending beyond the life expectancy of the beneficiary beneficiary means any individual designated as a beneficiary by the employee with respect to your ruling requests final income_tax regulations under code sec_401 and sec_408 were published in the federal_register pincite federal sec_401 of the code provides in summary that the term designated register date and in the internal_revenue_bulletin pincite lr b date the preamble to the final regulations in relevant part provide that the regulations apply for determining required minimum distributions for calendar years beginning after date sec_1_401_a_9_-4 of the final regulations q a-3 provides that only individuals may be designated beneficiaries for purposes of sec_401 a person who is not an individual such as the employee's estate may not be a designated_beneficiary however q a-5 of sec_1_401_a_9_-4 provides that beneficiaries of a_trust with respect to the trust's interest in an employee's benefit may be treated as designated beneficiaries if the following requirements are met the trust is valid under state law or would be but for the fact that there is no corpus the trust is irrevocable or the trust contains language to the effect it becomes irrevocable upon the death of the employee the beneficiaries of the trust who are beneficiaries with respect to the trust's interest in the employee's benefit are identifiable within the meaning of a-1 of this section from the trust instrument the documentation described in a-6 of this section has been provided to the plan_administrator sec_1_401_a_9_-4 of the final regulations q a-6 b provides generally with respect to required minimum distributions after the death of the employee that documentation described therein must be provided by the trustee of the trust_beneficiary to the plan_administrator by october of the calendar_year following the calendar_year in which the employee died sec_1_401_a_9_-8 of the final regulations q a-2 a provides the separate_account rules with respect to defined contribution plans a separate_account is an account under which the beneficiary or beneficiaries differ from the beneficiary or beneficiaries of the other accounts in general if separate_accounts are set up for years subsequent to the calendar_year containing the date on which the separate_accounts were established or the date of death if later a separate_account under a plan is not aggregated with the other separate_accounts under the plan in order to determine whether the distributions from such separate_account satisfy the requirements of code sec_401 instead the rules in code sec_401 apply separately to each separate_account under the plan v sec_1_401_a_9_-8 of the final regulations q a-3 provides that a separate_account is a separate portion of an employee’s benefit which reflects the separate interest of an employee’s beneficiary under the plan as of the employee’s death for which separate_accounting ig maintained the separate_accounting must allocate all post-death investment gains and losses contributions and forfeitures for the period prior to the establishment of the separate_accounts on a pro-rata basis in a consistent and reasonable manner among the separate_accounts sec_1_401_a_9_-4 of the final regulations q a-5s c provides in relevant part that the separate_account rules under a-2 of sec_1_401_a_9_-8 are not available to beneficiaries of a_trust with respect to the trust’s interest in the employee’s benefit revrul_78_406 1978_2_cb_157 provides that the direct transfer of funds from one ira trustee to another ira trustee even if at the behest of the ira holder does not constitute a payment or distribution to a participant payee or distributee as those terms are used in code sec_408 furthermore such a transfer does not constitute a rollover_distribution additionally a trustee to trustee transfer as described in revrul_78_406 does not constitute a distribution or payment as those terms are defined for purposes of code sec_408 finally revrul_78_406 is applicable if the trustee to trustee transfer is directed by the beneficiary of an ira after the death of the ira owner as long as the transferee ira is set up and maintained in the name of the deceased ira owner for the benefit of the beneficiary code sec_408 provides that except as otherwise provided in this subsection any amount_paid or distributed out of an individual_retirement_plan shall be included in gross_income by the payee or distributee as the case may be in the manner provided under sec_72 code sec_408 provides that sec_408 does not apply to a rollover_contribution if such contribution satisfies the requirements of sec_408 and d b code sec_408 provides that sec_408 does not apply to any amount_paid or distributed out of an ira to the individual for whose benefit the account is maintained if the entire amount received including money and any other_property is paid into an ira other than an endowment_contract for the benefit of such individual not later than the 60th day after the day on which he receives the payment or distribution code sec_408 provides in pertinent part that in the case of an inherited ira sec_408 shall not apply to any amount received by an individual from such account and no amount transferred from such account to another ira shall be excluded from income by reason of such transfer and ‘such inherited account shall not be treated as an ira for purposes of determining whether any other amount is a rollover_contribution code sec_408 provides that an ira shall be treated as inherited if the individual for whose benefit the account is maintained acquired such account by reason of the death of another individual and such individual was not the surviving_spouse of such other individual thus pursuant to code sec_408 c ii a surviving_spouse who acquires ira proceeds from and by reason of the death of her husband may elect to treat those ira proceeds as her own and roll them over into her own ira code sec_408 provides in general that paragraph d does not apply to any amount to the extent such amount is required to be distributed under paragraph a sec_1_408-8 of the final regulations question and answer provides that a surviving_spouse of an ira owner may elect to treat the spouse’s entire_interest as a beneficiary in an individual’s ira as the spouse’s own ira in order to make this election the spouse must be the sole beneficiary of the ira and have an unlimited right to withdraw amounts from the ira ifa trust is named as beneficiary of the ira this requirement is not satisfied even if the spouse is the sole beneficiary of the trust the preamble to the final regulations provides in relevant part that a surviving_spouse who actually receives a distribution from an ira is permitted to roll that distribution over into his her own ira even if the spouse is not the sole beneficiary of the deceased’s ira as long as the rollover is accomplished within the requisite day period a rollover may be accomplished even if ira assets pass through a_trust with respect to your first ruling_request trust t is the named beneficiary of taxpayer a’s interest in ira x your authorized representative has asserted on your behalf that trust t is a valid trust under the laws of state w that trust t became irrevocable upon the death of taxpayer a as provided for under article seventh c of trust t and that relevant documentation relating to trust t’s status as the beneficiary of taxpayer a’s interest in ira x was given to the administrator of ira x by the date required under the final regulations furthermore the service notes that the identity of each person or entity entitled to receive any portion of taxpayer a’s interest in ira x upon taxpayer a’s death is determinable by perusing the provisions of trust t thus with respect to your first ruling_request we determine as follows that trust t constitutes a qualified see-through trust within the meaning of sec_1_401_a_9_-4 of the final regulations question and answer-s with respect to your second and third ruling requests in this case the ira x account balance remaining at taxpayer a's death is payable to trust t pursuant to the terms of taxpayer a's beneficiary designation taxpayer b taxpayer a’s surviving_spouse is the sole trustee of trust t furthermore as the surviving_spouse of taxpayer a taxpayer b is the beneficiary of percentage of the trust t estate including ira x as trustee of trust t taxpayer b will cause percentage of the ira x proceeds to be transferred by means of a trustee to trustee transfer into another ira set up and maintained in the taxpayer a for the benefit of trust t payable to taxpayer b beneficiary thereof after said transfer the transferee ira will be distributed to taxpayer b and rolled over into an ira set up and maintained in the name of taxpayer b said rollover will occur no later than the day following the day on which the transferee ira proceeds are distributed to taxpayer b as beneficiary thereof the general_rule is that if a surviving_spouse receives either qualified_plan or ira assets after said assets have passed through either a_trust or an estate the spouse shall be treated as having received said assets from the trust or estate as a result the surviving_spouse shall not be eligible to roll over the plan or ira assets into an ira set up and maintained in the name of the surviving_spouse however in this case the transferee ira which holds percentage of the assets of taxpayer a’s ira x the percentage due taxpayer b at the death of taxpayer a will be distributed outright to taxpayer b consistent with the terms of trust t of which taxpayer b became the sole trustee at the death of taxpayer a thus based on the specific facts of this case we shall not apply the general_rule described above therefore with respect to your second and third ruling requests we conclude as follows that company m’s dividing ira x by means of trustee to trustee transfers into three transferee iras in the name of taxpayer a deceased including one set up to benefit taxpayer b as a beneficiary of trust t will not result in the transferee ira set up to benefit taxpayer b failing to comply with the requirements of code sec_408 including the requirements of code sec_408 and that taxpayer b may receive a distribution of the transferee ira set up to benefit her and roll over said distribution into an ira set up and maintained in her name this letter_ruling is based on the assumption that ira x either meets has met or will nteet the requirements of code sec_408 at all times relevant thereto it also assumes that transferee ira set up to benefit taxpayer b will also meet the requirements of code sec_408 at all times relevant thereto next it assumes that the ira to be set up and maintained in the name of taxpayer b will also meet the requirements of code sec_408 finally it assumes that trust t is valid under state law as asserted this letter_ruling is based on the facts and representations contained herein this letter is directed only to the taxpayer that requested it and is based solely on the representations made with respect thereto sec_6110 of the code provides that it may not be used or cited as precedent pursuant to a power_of_attorney on file with this office the original of this letter_ruling is being sent to your authorized representative the service’s point_of_contact with respect to this letter_ruling is phone or id who may be reached pincite fax sincerely yours aranur see frances v sloan manager employee_plans technical group enclosures deleted copy of ruling letter notice of intention to disclose


internal_revenue_service number release date index number ----------------------------------- ------------------------------------------------------------ ---------------- --------------------- ---------------------------------- department of the treasury washington dc third party communication date of communication month dd yyyy person to contact --------------------- id no ---------------- telephone number -------------------- refer reply to cc fip b04 plr-101344-19 date august taxpayer company parent company --------------------------------------------------------------------------------------------- ----------- -------------------------------------------------------------------------------- --------------------------------------------------------------------------- --------------------------------------------------------------------- dear ------------------ this letter responds to taxpayer’s request for a letter_ruling that the payment of certain investment advisory fees from an annuity_contract will not be treated as an amount received by the owner of that annuity_contract for purposes of sec_72 of the internal_revenue_code facts taxpayer is a life_insurance_company within the meaning of sec_816 taxpayer is wholly-owned by company which is in turn owned by parent through company and joins in the filing of a consolidated federal_income_tax return with company on a calendar yearly basis using an accrual_method of accounting taxpayer intends to offer three non-qualified deferred_annuity contracts referred to herein as the contract the contract will be issued to and owned by an individual or issued to and owned by a_trust or other entity as an agent for a natural_person within the meaning of sec_72 the owner the contract is an annuity_contract under the law of the jurisdiction where issued the contract qualifies for treatment as an annuity_contract for federal_income_tax purposes including by complying with the requirements of sec_72 one of the contracts is a variable_contract under sec_817 while two of the contracts are not variable_contracts under sec_817 the contract is not part of any qualified_retirement_plan within the meaning of sec_4974 plr-101344-19 the contract is comprised of an accumulation_phase and a payout phase during the accumulation_phase the cash_value of the contract is credited with earnings or interest based on options the owner selects from a menu provided by taxpayer the options consistent with applicable nonforfeiture law the contract is designed for owners who will receive ongoing investment advice from an investment adviser the adviser on how to allocate the contract’s cash_value within the meaning of sec_72 among the available options the adviser is expected to take into account factors such as the owner’s personal risk tolerance and investment timeline the interest rate and market environment the menu of options available under the contract and the various other_benefits and features available under the contract the adviser will be an appropriately licensed professional who is in the business of providing investment advice in consideration for its advice the owner will authorize investment advisory fees the fees to be paid periodically to the adviser from the contract’s cash_value the authorization the fees will be determined based on an arms-length transaction between the owner and the adviser the fees will not exceed an amount equal to an annual rate of of the contract’s cash_value within the meaning of sec_72 determined at the time and in the manner provided in the authorization or other written_agreement with the adviser but in all events based on such cash_value during the period to which the fees relate the fees will compensate the adviser only for investment advice that the adviser provides to the owner with respect to the contract and not for any other services the fees will not result in any reduction in fees related to any other asset or for any other service taxpayer will pay the fees directly to the adviser during any period for which the authorization is in effect the contract will be solely liable for paying the fees and the fees will not be paid directly by the owner the owner will not have the right to direct payment of the fees for any other purpose or to any other person the adviser will not receive a commission for the sale of the contract from taxpayers requested ruling taxpayer requests a ruling that the fees taxpayer deducts from the contract’s cash_value and remit to the adviser will not be treated as an amount received by the owner of the contract for purposes of sec_72 law law and analysis sec_72 distinguishes between an amount_received_as_an_annuity under an annuity endowment or life_insurance_contract and an amount not received as an annuity plr-101344-19 under those contracts sec_1_72-1 of the income_tax regulations the regulations provides that amounts received as an annuity are amounts which are payable at regular intervals over a period of more than one full year from the date on which they are deemed to begin provided the total of the amounts so payable or the period for which they are to be paid can be determined as of that date see sec_1_72-1 and of the regulations any other_amounts to which the provisions of sec_72 apply are considered to be amounts_not_received_as_an_annuity sec_1_72-2 of the regulations provides that amounts are considered amounts received as an annuity only in the event that the following tests are met i they must be received on or after the annuity_starting_date as that term is defined in paragraph b of sec_1_72-4 of the regulations the first day of the first period for which an amount is received as an annuity under the contract ii they must be payable in periodic installments at regular intervals whether annually semiannually quarterly monthly weekly or otherwise over a period of more than one full year from the annuity_starting_date and iii except as indicated in subparagraph b of the regulations relating to variable_contracts the total of the amounts payable must be determinable at the annuity_starting_date either directly from the terms of the contract or indirectly by the use of either mortality tables or compound interest computations or both in conjunction with such terms and in accordance with sound actuarial theory sec_1_72-11 of the regulations describes amounts_not_received_as_an_annuity as any amount received under an annuity_contract if the amount i does not meet the requirements set forth in sec_1_72-2 of the regulations for amounts received as an annuity ii meets the requirements of sec_1_72-2 of the regulations for amounts received as an annuity but the annuity payments received differ in either amount duration or both from those originally provided under the contract or iii meets the requirements of sec_1_72-2 of the regulations for amounts received as an annuity but the annuity payments are received by a beneficiary after the death of an annuitant or annuitants in full discharge of the obligation under the contract and solely because of a guarantee sec_72 applies to any amount not received as an annuity under an annuity endowment or life_insurance_contract sec_72 provides that if any amount which is not received as an annuity is received on or after the annuity_starting_date it is included in gross_income sec_72 provides that if any amount which is not plr-101344-19 received as an annuity is received before the annuity_starting_date it is included in gross_income to the extent allocable to income_on_the_contract and is not included in gross_income to the extent allocable to the investment_in_the_contract analysis in this case the fees are integral to the operation of the contract during any period for which the authorization is in effect the owner will receive ongoing investment advice from the adviser with respect to the contract so that the owner may properly utilize the contract the adviser is expected to help the owner select options related to the contract taxpayer has represented that the fees will not serve as consideration for anything other than investment advice provided by the adviser in relation to the contract furthermore taxpayer has represented that the fees will not exceed an annual rate of of the contract’s cash_value based on the period in which the fees related based on taxpayer’s representations the fees will only be used to pay for investment advisory services relating to the contract because the contracts are designed to work with an adviser the contract is solely liable for the fees based on the facts above the fees do not constitute compensation to the advisor for services related to any assets of the owner other than the contract or any services other than investment advice services with respect to the contract therefore the fees are an expense of the contract not a distribution to the owner ruling based solely on the information submitted and the representations made the fees taxpayer deducts from the contract’s cash_value and remit to the adviser will not be treated as an amount received by the owner of the contract for purposes of sec_72 caveats the ruling contained in this letter is based upon information and representations taxpayer submitted accompanied by penalty of perjury statements executed by appropriate parties this office has not verified any of the material submitted in support of the ruling_request and it is subject_to verification on examination the ruling contained in this letter does not apply to any amount_paid by taxpayer that compensate the advisor for services related to assets other than the contract or for any services provided other than investment advice services with respect to the contract any such amount would be an amount received by the owner of the contract for purposes of sec_72 no opinion is expressed as to the tax treatment of the transaction under the provisions of any of the other sections of the code and regulations which may also be applicable plr-101344-19 thereto or to the tax treatment of any conditions existing at the time of or effects resulting from the transaction which are not specifically covered by the above rulings this ruling letter is directed only to the taxpayer who requested it sec_6110 provides that it may not be used or cited as precedent a copy of this letter should be attached to the federal_income_tax return of taxpayers for the taxable_year in which the transaction covered by this ruling is consummated pursuant to a power_of_attorney on file in this office a copy of this ruling is being furnished to your authorized representatives sincerely john glover senior counsel branch associate chief_counsel financial institutions and products


internal_revenue_service department of the treasury index number washington dc number release date person to contact telephone number refer reply to cc dom p si plr-110901-99 date date legend x state d1 d2 this responds to the letter dated date submitted on behalf of x requesting relief under sec_1362 of the internal_revenue_code facts x was incorporated under state law on d1 x’s shareholder intended that x be a subchapter_s_corporation effective d2 however an s_corporation_election under sec_1362 was not timely filed s_corporation sec_1362 provides that a small_business_corporation may elect to be an law and analysis sec_1362 provides the rule on when an s election will be effective if an s election is made within the first two and one-half months of a corporation’s taxable_year then that corporation will be treated as an s_corporation for the year in which the election is made if an s election is made after the first two and one-half months of a corporation’s taxable_year then that corporation will not be treated as an s_corporation cc dom p si plr-110901-99 until the taxable_year after the year in which the s election is made sec_1362 provides that if an election under sec_1362 is made for any taxable_year after the date prescribed for making such election for such taxable_year and the secretary determines that there was reasonable_cause for the failure to timely make the election then the secretary may treat the election as timely made for such taxable_year x’s s_corporation_election was not filed timely for the election to be effective as of d2 nevertheless x has established reasonable_cause for not making a timely election and is entitled to relief under sec_1362 conclusion based solely on the facts submitted and representations made and assuming that x otherwise qualifies as a subchapter_s_corporation as of d2 we conclude that x will be recognized as an s_corporation effective as of d2 x should file a completed form_2553 with a copy of this ruling attached reflecting its election of subchapter_s_corporation status as of d2 with the applicable service_center within days of the date of this letter except as specifically set forth above no opinion is expressed concerning the federal tax consequences of the facts described above under any other provision of the code specifically no opinion is expressed concerning whether x otherwise satisfies the s_corporation eligibility requirements this ruling is directed only to the taxpayer who requested it sec_6110 provides that it may not be used or cited as precedent pursuant to the power_of_attorney on file with this office a copy of this ruling is being sent to x signed dianna k miosi sincerely dianna k miosi chief branch office of the assistant chief_counsel passthroughs and special industries enclosures copy of this letter copy for sec_6110 purposes


internal_revenue_service department of the treasury number release date index number washington dc person to contact telephone number refer reply to cc psi b09 plr-145444-02 date date legend trust grantor date beneficiary court date trustee trustee child child foundation state dear madam this letter responds to your letter dated date submitted on behalf of trust requesting a ruling under sec_2601 of the internal_revenue_code plr-145444-02 grantor created trust an irrevocable_trust on date for the benefit of beneficiary trust was modified by court on date date is before date trustee and trustee collectively the trustees are currently the trustees of trust the first subparagraph of paragraph second a of trust provides in relevant part that the trustees are authorized and empowered to pay to or for the benefit of beneficiary or any of his descendants in the sole and absolute discretion of the trustees in the event of illness accident or other misfortune or in the event of any emergency or if in the judgment of the trustees it is necessary or advisable for the comfortable maintenance support or education of any such person such sum or sums from time to time out of the income derived from the trust estate after date whether or not accumulated as the trustees in their sole judgment deem necessary in determining the existence of any such circumstances trustee may rely upon the determination and certification of trustee acting in her fiduciary capacity as to the existence of such need or condition provided further however that if trustee should ever be a beneficiary hereunder the determination as to the existence of such need or condition will be made by trustee the second subparagraph of paragraph second a provides that twenty years after the death of the survivor of grantor’s children beneficiary child and child trust will terminate and the trustees shall transfer the trust assets to the descendants of beneficiary per stirpes who do not have a living ancestor who is a descendant of beneficiary the third subparagraph of paragraph second a provides that in the event there are no descendants of beneficiary living at the time of trust’s termination the principal of the trust estate and undistributed_income shall be distributed free and clear to the descendants of grantor per stirpes or in the event there are no descendants living at that time to foundation the trustees of trust propose to modify the first subparagraph of paragraph second a of trust in accordance with state law the new subparagraph would provide in relevant part that the income shall be accumulated invested and reinvested by the trustees provided however without intending to vest any enforceable right in any beneficiary the trustees are further authorized and empowered in the sole and absolute discretion of the trustees in the event of illness accident or other misfortune or in the event of any emergency or if in the judgment of the trustees it is necessary or advisable for the comfortable maintenance support or education of an person hereinafter described to pay to or for the benefit of beneficiary or any of beneficiary’s descendants such sum or sums from time to time out of the income derived from the trust estate after date whether or not accumulated as the trustees in their sole judgment deem necessary pay to or for the benefit of any of beneficiary’s descendants who would be entitled to receive distributions upon the termination of the trust as hereinafter provided if the trust terminated at the time of any such payment such sum or sums from time to time out of the principal of the trust plr-145444-02 estate as defined below as the trustees in their sole judgment deem necessary in determining the existence of any such circumstances trustee may rely upon the determination and certification of trustee acting in her fiduciary capacity as to the existence of such need or condition provided further however that if trustee should ever be a beneficiary hereunder the determination as to the existence of such need or condition will be made by trustee the trustees of trust have requested a ruling that the proposed modification to trust will not cause trust to lose its status as exempt from the generation-skipping_transfer_tax sec_2601 imposes a tax on every generation-skipping_transfer sec_2611 defines the term generation-skipping_transfer to include a taxable_distribution taxable_termination and a direct_skip under b a of the tax_reform_act_of_1986 and sec_26_2601-1 of the generation-skipping_transfer_tax regulations the generation-skipping_transfer_tax provisions do not apply to any generation-skipping_transfer under a_trust as defined in sec_2652 that was irrevocable on date but only to the extent that such transfer is not made out of corpus added to the trust after date or out of income attributable to corpus so added sec_26_2601-1 provides that except as provided in sec_26_2601-1 or c any trust in existence on date is considered an irrevocable_trust except as provided in sec_26_2601-1 or c which relate to property includible in a grantor’s gross_estate under sec_2038 and sec_2042 in the present case trust is considered to have been irrevocable on date because neither sec_2038 nor sec_2042 applies sec_26_2601-1 provides rules for determining when a modification judicial construction settlement agreement or trustee action with respect to a_trust that is exempt from the generation-skipping_transfer_tax under sec_26_2601-1 or hereinafter referred to as an exempt trust will not cause the trust to lose its exempt status the rules contained in sec_26_2601-1 are applicable only for purposes of determining whether an exempt trust retains its exempt status for generation-skipping_transfer_tax purposes the rules do not apply in determining for example whether the transaction results in a gift subject_to gift_tax or may cause the trust to be included in the gross_estate of a beneficiary or may result in the realization of capital_gain for purposes of sec_1001 sec_26_2601-1 provides that a modification of the governing instrument of an exempt trust including a trustee distribution settlement or construction that does not satisfy sec_26_2601-1 b or c of this section by judicial reformation or nonjudicial reformation that is valid under applicable state law will not cause an exempt trust to be subject_to the provisions of chapter if the modification does not shift a beneficial_interest in the trust to any beneficiary who occupies a lower generation as defined in sec_2651 than the person or persons who plr-145444-02 held the beneficial_interest prior to the modification and the modification does not extend the time for vesting of any beneficial_interest in the trust beyond the period provided in the original trust furthermore a modification that is administrative in nature that only indirectly increases the amount transferred for example by lowering administrative costs or income taxes will not be considered a shift in a beneficial_interest in a_trust in this case trust currently provides for discretionary distributions of income to beneficiary and beneficiary’s descendants but does not provide for any distributions mandatory or discretionary of principal the proposed modification will allow the trustees to make discretionary distributions of principal to beneficiary’s descendants who would receive principal if the trust terminated on the date of the distribution the proposed modification therefore will not shift a beneficial_interest to any beneficiary who occupies a lower generation as defined in sec_2651 than the person or persons who held the beneficial_interest prior to the modification in addition the modification does not extend the time for vesting of any beneficial_interest in the trust beyond the period provided in the original trust based on the facts submitted and representations made we conclude that the proposed modification will not affect trust’s status as exempt from the generation-skipping_transfer_tax except as expressly provided herein no opinion is expressed or implied concerning the federal tax consequences of any aspect of any transaction or item discussed or referenced in this letter the rulings contained in this letter are based upon information and representations submitted by the taxpayer and accompanied by a penalty of perjury statement executed by an appropriate party while this office has not verified any of the material submitted in support of the request for rulings it is subject_to verification on examination pursuant to the power_of_attorney on file with this office a copy of this letter is being sent to trustee this ruling is directed only to the taxpayer s requesting it sec_6110 provides that it may not be used or cited as precedent sincerely melissa c liquerman chief branch office of associate chief_counsel passthroughs and special industries enclosures copy of letter for sec_6110 purposes


internal_revenue_service number release date index number ----------------------------------------------------- --------------------------------------------------- --------------------------------------------- --------------------------------------- -------------------------- in re --------------------------------------------- department of the treasury washington dc third party communication none date of communication not applicable_person to contact ------------------------------ id no ------------ --------- telephone number --------------------- refer reply to cc psi b09 plr-148203-06 date date legend legend decedent spouse daughter daughter trust daughter 1’s trust daughter 2’s trust ---------------------------- ------------------------ ----------------------------------------------------------- ----------------------------------------------------------- --------------------------------------------------------- --------------------------------------------------------------------- -------------------- --------------------------------------------------------------------- ------------------------------------ ---------------------------------------------------------- ---------------------- ---------------------- court date date dear ---------------- this responds to a letter dated date requesting rulings regarding the income gift and generation-skipping_transfer gst tax consequences of the proposed division of a_trust the facts submitted and representations made are as follows decedent died on date date is prior to date trust was established pursuant to the terms of decedent’s will and first codicil article of trust provides that the residue of decedent’s estate is to be held in trust article provides that during the lifetime of spouse subject_to the trustee’s discretion spouse is to receive distributions of income and principal to provide for her reasonable care support and comfort article provides that upon spouse’s death subject_to the trustee’s discretion income and principal are to be distributed to daughter daughter and their issue to provide for their care maintenance and health subject_to the trustee’s discretion the issue of daughter and daughter are to receive distributions of income and principal to provide for reasonable expenses for their education there is no requirement that the trustee equalize distributions among beneficiaries the trust further provides that upon the death of the latter of daughter and daughter the trust estate is to be divided into equal shares one for each living child of a deceased daughter and each share is to be held in further trust each separate trust share held for a living child is to be distributed one-half to the child free of trust when he or she attains age and the remainder of the trust share is to be distributed to the child free of trust when he or she attains age if a child dies before the complete distribution of his or her trust share the trustee is to distribute the remainder of the trust share as directed in a testamentary limited_power_of_appointment assets not appointed are to be distributed among the child’s living descendants per stirpes if any and if none among the decedent’s living descendants per stirpes spouse died on date it has been represented that all of the children of daughter and daughter are at least years old daughter and daughter each have four children the trustee intends to partition trust into two trusts daughter 1’s trust and daughter 2’s trust and amend article of trust the trustee of trust has obtained the approval of court for the division of the trust and the amendment of article the court order is contingent on receipt of favorable rulings from the internal_revenue_service on the proposed modifications to trust trustee has agreed to modify the court order so that the following terms are in effect upon the division of trust amended article will provide that upon spouse’s death the trust estate is to be divided into two trusts daughter 1’s trust and daughter 2’s trust daughter 1’s trust and daughter 2’s trust will have identical terms to trust except for amended article and will have identical terms to each other except for the identity of the beneficiaries the amended terms of daughter 1’s trust are as follows amended article a will provide that subject_to the trustee’s discretion income and principal are to be distributed to daughter and her children and daughter and her children to provide for their care maintenance and health in addition income and principal are to be distributed to daughter 1’s and daughter 2’s children to provide for their education there is no requirement to equalize distributions among beneficiaries upon daughter 1’s death daughter 1’s trust is to be divided into equal shares one share for each of daughter 1’s living children and distributed to each child free of trust if one of daughter 1’s children fails to survive until the complete distribution of his or her share the trustee is to distribute the remainder of the share as directed in a testamentary limited_power_of_appointment assets not appointed are to be distributed among the child’s living descendants per stirpes if any if none among daughter 1’s living descendants per stirpes if any and if none among decedent’s descendants per stirpes it has been represented that trust has not yet been divided and that when trust is divided trust’s assets will be distributed on a pro-rata basis between daughter 1’s trust and daughter 2’s trust it has been further represented that there have been no additions actual or constructive to trust since its inception the following rulings have been requested the proposed division of trust into two successor trusts will not cause trust to lose its exempt status under ' b a of the tax_reform_act_of_1986 act and ' b i of the generation-skipping_transfer_tax regulations nor will the proposed division subject trust or the resulting trusts to the gst tax the proposed division and pro-rata distribution of trust into two successor trusts will not constitute a transfer of property by either daughter or daughter or subject either of them to the gift_tax under ' the proposed division of trust into two successor trusts and the pro-rata distribution of trust’s assets between the successor trusts will not result in the realization of any income under ' nor the realization any gain_or_loss under ' by trust or the beneficiaries after the proposed division of trust into two successor trusts the assets of the successor trusts will have the same basis under ' as they had when held by trust after the proposed division of trust into two successor trusts the holding periods of the assets held by the successor trusts will include the holding periods of the assets when the assets were held by trust after the proposed division of trust into two successor trusts each successor trust will be treated as a separate taxpayer under ' f daughter 2’s trust will continue to use the current tax identification_number of trust and daughter 1’s trust will receive a new tax identification_number law and analysis ruling sec_2601 imposes a tax on every generation-skipping_transfer within the meaning of subchapter_b under a of the act the gst tax is generally applicable to generation-skipping transfers made after date however under b a of the act and sec_26_2601-1 the tax does not apply to a transfer from a_trust if the trust was irrevocable on date and no addition actual or constructive was made to the trust after that date under sec_26_2601-1 any trust in existence on date will be considered irrevocable unless the settlor had a power that would cause the trust to be included in his or her gross_estate under or if the settlor had died on date sec_26_2601-1 provides rules for determining when a modification judicial construction settlement agreement or trustee action with respect to a_trust that is exempt from the gst tax will not cause the trust to lose its exempt status sec_26_2601-1 provides that a modification will not cause an exempt trust to be subject_to the provisions of chapter if the modification does not shift a beneficial_interest in the trust to any beneficiary who occupies a lower generation as defined in ' than the person or persons who held the beneficial_interest prior to the modification and the modification does not extend the time for vesting of any beneficial_interest in the trust beyond the period provided for in the original trust a modification of an exempt trust will result in a shift in beneficial_interest to a lower generation beneficiary if the modification can result in either an increase in the amount of a gst transfer or the creation of a new gst transfer sec_26_2601-1 example provides as follows in grantor established an irrevocable_trust for the benefit of his two children a and b and their issue under the terms of the trust the trustee has the discretion to distribute income and principal to a b and their issue in such amounts as the trustee deems appropriate on the death of the last to die of a and b the trust principal is to be distributed to the living issue of a and b per stirpes in the appropriate local court approved the division of the trust into two equal trusts one for the benefit of a and a’s issue and one for the benefit of b and b’s issue the trust for a and a’s issue provides that the trustee has the discretion to distribute trust income and principal to a and a’s issue in such amounts as the trustee deems appropriate on a’s death the trust principal is to be distributed equally to a’s issue per stirpes if a dies with no living descendants the principal will be added to the trust for b and b’s issue the trust for b and b’s issue is identical except for the beneficiaries and terminates at b’s death at which time the trust principal is to be distributed equally to b’s issue per stirpes if b dies with no living descendants principal will be added to the trust for a and a’s issue the division of the trust into two trusts does not shift any beneficial_interest in the trust to a beneficiary who occupies a lower generation as defined in ' than the person or persons who held the beneficial_interest prior to the division in addition the division does not extend the time for vesting of any beneficial_interest in the trust beyond the period provided for in the original trust therefore the two partitioned trusts resulting from the division will not be subject_to the provisions of chapter in the present case trust was irrevocable on date it is represented that no additions actual or constructive have been made to trust after that date trust will be divided on a pro-rata basis into two successor trusts and except for the changes to article the successor trusts will have the same terms as trust the changes to article are similar to the changes described in ' b i e example therefore the proposed division of trust will not result in a shift of any beneficial_interest in trust to any beneficiary who occupies a generation lower than the persons holding the beneficial interests prior to the proposed division and the proposed division will not extend the time for vesting of any beneficial_interest in trust beyond the period provided for in trust accordingly based on the facts submitted and the representations made and provided the court order is modified we conclude that the proposed division of trust into two successor trusts will not cause trust to lose its exempt status under ' b a of the act and ' b i nor will the proposed division subject trust daughter 1’s trust or daughter 2’s trust to the gst tax provided there are no additions actual or constructive to daughter 1’s trust and daughter 2’s trust after date ruling sec_2501 imposes a tax on the transfer of property by gift by an individual sec_2511 provides that the tax imposed by ' applies whether the transfer is in trust or otherwise whether the gift is direct or indirect and whether the property is real or personal tangible or intangible sec_2512 provides that if a gift is made in property the value thereof at the date of the gift shall be considered the amount_of_the_gift in this case the interest of each beneficiary will remain the same after the proposed division as it was prior to the division accordingly based on the facts submitted and the representations made and provided the court order is modified we conclude that the proposed division and pro-rata distribution of trust into two successor trusts will not plr-148203-06 constitute a transfer of property by either daughter or daughter or subject either of them to the gift_tax under ' ruling sec_3 sec_61 provides that gross_income includes gains derived from dealings in property sec_1001 provides that the gain from the sale_or_other_disposition of property is the excess of the amount_realized therefrom over the adjusted_basis provided in ' for determining gain and the loss is the excess of the adjusted_basis provided in ' over the amount_realized sec_1001 provides that except as otherwise provided the entire amount of the gain_or_loss on the sale_or_exchange of property is recognized sec_1_1001-1 of the income_tax regulations provides as a general_rule that except as otherwise provided in subtitle a the gain_or_loss realized from the conversion of property into cash or from the exchange of property for other_property differing materially in either kind or in extent is treated as income or as loss sustained for purposes of ' in an exchange of property each party to the exchange gives up a property interest in return for a new or additional property interest such an exchange of property is a disposition under ' a see ' revrul_56_437 1956_2_cb_507 holds that a partition of jointly owned property is not a sale_or_other_disposition of property where the co-owners of the joint property sever their joint_interests in order to extinguish their survivorship interests an exchange of property results in the realization of gain under ' if the properties exchanged are materially different 499_us_554 a material difference exists when the exchanged properties embody legal entitlements different in_kind or extent or if they confer different rights and powers id pincite in this case trust’s assets will be distributed on a pro-rata basis between daughter 1’s trust and daughter 2’s trust accordingly based on the information submitted and the representations made and provided the court order is modified we conclude that the proposed partition of trust into two separate successor trusts to be funded on a pro-rata basis will not cause the interests of the beneficiaries of the separate trusts to differ materially the beneficiaries will hold essentially the same interests before and after the pro-rata division therefore the proposed division of trust into two separate successor trusts will not result in the realization by trust or the beneficiaries of any income under ' and will not result in the realization of any gain_or_loss under ' ruling plr-148203-06 sec_1015 provides that the basis in property acquired by a transfer in trust is the same as it would be in the hands of the grantor with adjustments for gain and loss recognized sec_1_1015-2 provides that in the case of property acquired after date by transfer in trust other than by a transfer in trust by gift bequest or devise the basis_of_property so acquired is the same as it would be in the hands of the grantor increased in the amount of gain or decreased in the amount of loss recognized to the grantor upon such transfer under the law applicable to the year in which the transfer is made in this case based upon the facts submitted and the representations made and provided the court order is modified we conclude that because neither and applies to the proposed transaction the basis of the assets for each of the successor trusts will be the same as trust’s basis in the assets at the time of the transfer ruling under and b in determining the period for which the taxpayer has held property however acquired there shall be included the period for which such property was held by any other person if under chapter of subtitle a such property has for the purpose of determining gain_or_loss from a sale_or_exchange the same basis in whole or in part in his hands as it would have in the hands of such other person because ' provides that the basis of the assets received by the successor trusts is the same as the basis of those assets in the hands of trust at the time of the transfer we conclude based upon the facts submitted and the representations made and provided the court order is modified that pursuant to sec_1223 the holding periods of the assets held by the successor trusts will include the holding periods of the assets when the assets were held by trust ruling sec_643 provides that for purposes of subchapter_j of chapter of subtitle a under regulations to be prescribed by the secretary two or more trusts shall be treated as one trust if such trusts have substantially the same grantor or grantors and substantially the same primary beneficiary or beneficiaries and a principal purpose of such trusts is the avoidance of the tax_imposed_by_chapter_1 section b of the act provides ' f shall apply to taxable years beginning after date except that in the case of a_trust that was irrevocable on date it shall apply only to that portion of the trust that is attributable to contributions to corpus after date plr-148203-06 trust was established prior to date and it has been represented that no additions have been made to trust since its inception therefore based on the facts submitted and representations made we conclude that as long as daughter 1’s trust and daughter 2’s trust are separately managed and administered they will be treated as separate trusts for federal_income_tax purposes except as expressly provided herein no opinion is expressed or implied concerning the tax consequences of any aspect of any transaction or item discussed or referenced in this letter this ruling is directed only to the taxpayer requesting it sec_6110 provides that it may not be used or cited as precedent in accordance with the power_of_attorney on file with this office a copy of this letter is being sent to your authorized representative the rulings contained in this letter are based upon information and representations submitted by the taxpayer and accompanied by a penalty of perjury statement executed by an appropriate party while this office has not verified any of the material submitted in support of the request for rulings it is subject_to verification on examination sincerely melissa c liquerman melissa c liquerman senior technician reviewer passthroughs special industries enclosures copy for ' purposes cc


internal_revenue_service number release date index number --------------------------- ------------------------------------------ --------------------- ----------------------------- in re ------------------------------------------ department of the treasury washington dc third party communication date of communication month dd yyyy person to contact --------------- id no ----------------- telephone number --------------------- refer reply to cc psi plr-121250-11 date november legend taxpayer b project general_partner a agency individual a date a date b date c date d dear -------------- ------------------------------------------ ----------------------- ---- --------------------------------------------- ---------------------------------- ------------------------------------------ ------------------------------------------------- ------------------------ ---------------------- ------------------- ------------------------- ------------------ ------------------- plr-121250-11 this letter responds to your authorized representative's letter dated date requesting an extension of time to make an election under sec_42 of the internal_revenue_code pursuant to sec_301_9100-1 of the procedure and administration regulations taxpayer makes the following representations project a single building b-unit low-income_housing project was placed-in- service on date a agency issued taxpayer a form_8609 low-income_housing tax_credit allocation and certification for the project on date b on date c individual a a president of general_partner a signed the form_8609 on behalf of taxpayer individual a completed and returned the form_8609 to the service however individual a inadvertently filed the form_8609 with the set-aside under sec_42 elected for project instead of the intended set-aside under sec_42 the set- aside is consistent with information found in various project documents completed prior to the filing of the form_8609 also the taxpayer represents and a letter from agency to taxpayer on date d confirms project has met the set-aside at all times since the project was placed_in_service the error was discovered when the agency as part of its periodic review of project noticed an inconsistency between the set-aside that taxpayer had agreed to and complied with and the form_8609 that taxpayer had filed with the service sec_42 defines the term qualified_low-income_housing_project as any project for residential_rental_property if the project meets the requirements of sec_42 or b whichever is elected by the taxpayer the project meets the requirements of sec_42 if percent or more of the residential units in such project are both rent-restricted and occupied by individuals whose income i sec_50 percent or less of area_median_gross_income the project meets the requirements of sec_42 if percent or more of the residential units in such project are both rent- restricted and occupied by individuals whose income is percent or less of area_median_gross_income any election under sec_42 once made is irrevocable sec_301_9100-7t of the temporary procedure and administration regulations provides that for elections under the tax_reform_act_of_1986 the election under sec_42 must be made for the taxable_year in which the project is placed_in_service and shall be made in the certification required to be filed pursuant to sec_42 sec_301_9100-7t provides that the election under sec_42 is irrevocable sec_42 provides in part that following the close of the first taxable_year in the credit_period with respect to any qualified_low-income_building the taxpayer shall certify to the secretary at such time and in such form and in such manner as the secretary prescribes the election made under sec_42 with respect to the qualified low- income housing project of which such building is a part in the case of a failure to make the certification required by the preceding sentence on the due_date prescribed therefore unless it is shown that such failure is due to reasonable_cause and not to plr-121250-11 willful neglect no credit shall be allowable by reason of sec_42 with respect to such building for any taxable_year ending before such certification is made sec_1_42-1 provides in part that unless otherwise provided in forms or instructions a completed form_8609 or any successor form must be filed by the building owner with the irs the requirements for completing the form_8609 are addressed in the instructions to the form sec_301_9100-1 through provide the standards the commissioner will use to determine whether to grant an extension of time to make an election sec_301_9100-1 defines the term regulatory election as including an election whose due_date is prescribed by a regulation published in the federal_register or a revenue_ruling revenue_procedure notice or announcement published in the internal_revenue_bulletin under sec_301_9100-1 the commissioner has discretion to grant a reasonable extension of time under the rules set forth in sec_301_9100-2 and sec_301_9100-3 to make a regulatory election or a statutory election but no more than six months except in the case of a taxpayer who is abroad under all subtitles of the code except e g h and i sec_301_9100-2 provides automatic extensions of time for making certain elections sec_301_9100-3 provides extensions of time for making elections that do not meet the requirements of sec_301_9100-2 requests for relief under sec_301_9100-3 will be granted when the taxpayer provides evidence to establish that the taxpayer acted reasonably and in good_faith and that granting relief will not prejudice the interests of the government in the instant case based solely on taxpayer's facts submitted and its representations made we conclude that the requirements of sec_301_9100-1 and sec_301_9100-3 have been met accordingly taxpayer is granted an extension of time to make the election under sec_42 for project by filing within days from the date of this letter an amended form_8609 that includes the intended election the amended form_8609 along with a copy of this letter is to be filed at the following address department of the treasury internal_revenue_service center philadelphia pa a copy of this letter is enclosed for this purpose plr-121250-11 no opinion is expressed or implied regarding the application of any other provisions of the code or regulations specifically we express no opinion on whether project otherwise qualifies for credit under sec_42 this ruling is directed only to the taxpayer requesting it sec_6110 provides that it may not be used or cited as precedent the ruling contained in this letter is based upon information and representations submitted by taxpayer and accompanied by a penalty of perjury statement executed by an appropriate party while this office has not verified any of the material submitted in support of the request for rulings it is subject_to verification on examination in accordance with the power_of_attorney on file with this office a copy of this letter is being sent to your authorized representative sincerely associate chief_counsel passthroughs special industries by _______________________ christopher j wilson senior counsel branch office of associate chief_counsel passthroughs special industries enclosures copy of this letter copy for sec_6110 purposes


t c summary opinion united_states tax_court michael eisler petitioner v commissioner of internal revenue respondent docket no 16470-06s filed date michael eisler pro_se jason m kuratnik for respondent chabot judge this matter is before us on respondent’s motion to dismiss for lack of jurisdiction on the ground that the petition was not filed within the time prescribed by sec_6330 d or sec_7502 the instant case is a collection case 1unless indicated otherwise all section references are to sections of the internal_revenue_code_of_1986 as in effect for proceedings commenced on the day the petition in the instant case was filed brought under sec_6330 and petitioner requested that proceedings be conducted pursuant to the provisions of sec_7463 pursuant to sec_7463 the decision to be entered is not reviewable by any other court and this opinion shall not be treated as precedent for any other case the issue for decision is whether the notice_of_determination was sent to petitioner’s last_known_address background when the petition was filed in the instant case petitioner resided in philadelphia pennsylvania petitioner’s address in philadelphia pennsylvania is and at all times pertinent to the instant proceeding has been in zip code the notice_of_determination was sent to petitioner by certified mail on date and addressed to the correct street and number in philadelphia but the zip code in the address was shown as as a result of the u s postal service’s computer-assisted procedures that notice_of_determination was processed as though the zip code was delivery was attempted unsuccessfully on date and a notice of attempted delivery was left at petitioner’s correct address the notice_of_determination was returned to respondent as unclaimed on date petitioner was hospitalized from about june to about date and so did not receive the notice_of_determination the petition is dated date and was received by the court and filed on date the envelope in which the petition was enclosed bears a u s postal service postmark of date the notice_of_determination was sent to petitioner’s last_known_address the petition was filed more than days after respondent sent the notice_of_determination discussion sec_6330 provides that this court has jurisdiction to review a determination under sec_6330 if the taxpayer appeals within days of the determination this court’s jurisdiction in such cases depends on the issuance of a valid notice_of_determination and the filing of a timely petition for review 122_tc_258 sec_6330 does not specify how the commissioner is to give notice of a determination under that section we have held the method that the congress specifically authorized in subsections a and b of sec_6212 for sending notices of deficiency should suffice for sec_6330 notices of determination id accordingly a sec_6330 notice_of_determination is sufficient if it is sent by certified or registered mail to the taxpayer at the taxpayer’s last_known_address id pincite the effect of the shall be sufficient language in sec_6212 is to provide a safe_harbor assuring the commissioner that the notice_of_deficiency is valid for these purposes even if the notice is not received by the taxpayer before the end of the petition period 81_tc_65 75_tc_318 affd without published opinion 673_f2d_1332 7th cir because of the court’s concern about jurisdiction we directed the parties to consider whether respondent’s use of an incorrect zip code in addressing the notice_of_determination affected the validity of the notice_of_determination see normac inc 90_tc_142 the unrebutted evidence submitted by respondent is that in the instant case the notice_of_determination was attempted to be delivered to the correct address and zip code the error in the zip code shown on the notice_of_determination envelope was corrected by the u s postal service and did not affect the timely attempted delivery of the notice_of_determination consequently we find that the notice_of_determination was sent to petitioner’s last_known_address the petition in the instant case was filed on date more than days after date the date the notice_of_determination was sent the petition was untimely even taking into account the possible effect of sec_7502 relating to timely mailing being treated as timely filing the postmark date is date well past the 30-day period for timely petitions this statutory 30-day period is jurisdictional and cannot be extended 115_tc_114 accordingly the petition was not filed timely and we must dismiss the petition for lack of jurisdiction to reflect the foregoing respondent’s motion to dismiss will be granted and an appropriate order will be entered dismissing the instant case for lack of jurisdiction