Rev. Proc. 65-8

The purpose of this Revenue Procedure is to adopt, on an experimental basis, an alternative new procedure for the issuance of rulings on prospective transactions.

Under this procedure the taxpayer will be permitted to submit a summary statement of the facts he considers controlling the issue, in addition to the complete statement required for ruling requests by section 6.02 of Revenue Procedure 62-28, C.B. 1962-2, 496. Assuming agreement with the taxpayer's summary statement, the Internal Revenue Service will use it as the basis for the ruling.

Any taxpayer wishing to adopt this procedure should submit with the request for ruling:

(a) A complete statement of facts relating to the transaction, together with related documents, as required by section 6.02 of Revenue Procedure 62-28 and,

(b) A summary statement of the facts which he believes should be controlling in reaching the requested conclusion.

Where the taxpayer's statement of controlling facts is accepted, the ruling will be based on these facts and only this statement will ordinarily be incorporated in the ruling letter.

It is emphasized, however, that:

(1) This procedure for a "two-part" ruling request is elective with the taxpayer and is not to be considered a required substitute for the Ruling and Determination Letter procedures contained in Revenue Procedure 62-28.

(2) Taxpayers' rights and responsibilities are the same under the "two-part" ruling request procedure as those provided in Revenue Procedure 62-28.

(3) The Service reserves the right to rule on the basis of a more complete statement of facts it considers controlling and to seek further information in developing facts and restating them for ruling purposes.

(4) The "two-part" ruling request procedure will not apply where it is inconsistent with other procedures applicable to specific situations such as: requests for permission to change accounting method or period; application for exemption under section 501; or rulings on employment tax status.

Since this procedure is being undertaken on an experimental basis, no change will be made in Revenue Procedure 62-28 at this time.

¹ Based on Technical Information Release 692, dated Feb. 11, 1965.