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INTERNAL REVENUE SERVICE Number: 200027011 Release Date: 7/7/2000 Index Nos.: 9100.09-00 CC:DOM:ITA:B9 PLR- 105681-00 March 31, 2000, In re: Dear This is in reference to a Form 1128, Application to
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9100-.00 of the Treasury Regulations. The IRS has determined that the form is timely because it complies with the filing requirements, in accordance with Treasury Regulations in Section 301.9020 – 1 of the Treas.e Regulations, when the IRS files a Form 30, Notice of Audit, for the previous taxable year on behalf of a taxpayer within one year of the taxpayer's timely filed Form 1128 or request for permission to change the audit period for federal income tax purposes. Pursuant to section 301.9020-1(a)(i) of the Treas.e Regulations, the IRS will make such a determination in its sole discretion within 60 days after receipt of the request for permission to change the audit period. If the IRS accepts the taxpayer's request, the IRS will forward the taxpayer's request to Treasury Department Accounting Division (TAD) for verification of the taxpayer's request and for determination whether such request is timely filed under section 301.9100-.00 of the Treasury Regulations. If the IRS denies the request, the IRS will follow Treasury regulations (see TAB 7-11) in determining whether the request for permission to change is timely filed under section 301.9100-.00 of the Treasury Regulations. To expedite its consideration of the request, the IRS will make the determination in the manner and within the time provided to taxpayers under Treasury regulations. If the IRS does not agree with the taxpayer's request, the IRS will notify the taxpayer as provided in instructions to Sec. 1.90.0 – 1, and the taxpayer will have 60 days to appeal the IRS's decision by submitting written certification to Treasury Department, Office of Chief Counsel (OCH). IRS is not required to make the determination. The IRS will forward to the IRS Accounting Office (MAC) the taxpayer's Form 1128, or notice of audit, if the request to change the audit period is not received in 60 days, or a certification in accordance with instructions to Sec. 1.90.0-1 that the request to change the audit period was not timely filed under section 301.9100-.00 of the Treasury Regulations. MAC will forward this determination to TAD for verification. TAH will follow TC 790-13 for determination whether the request for permission to change the audit period was timely filed under section 301.9100-.00 of the Treasury Regulations. If the request for permission to change the audit period was not timely filed under section 301.9100-.

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