Employers v. Not Employers

Office of Chief Counsel
Internal Revenue Service
Memorandum
Number: 200519049
Release Date: 5/13/2005
CC:TEGE:EOEG:ET1
POSTN-103353-05
UILC: 3231.01-00 date: February 8, 2005 to: Director, Submission Processing
Cincinnati, OH
Attn: Entity Unit from: Office of Division Counsel/Associate Chief Counsel
(Tax Exempt & Government Entities) subject: Railroad Retirement Tax Act Status
In accordance with the coordination procedure established between the Service and the
Railroad Retirement Board (RRB), the RRB has provided us with its opinion dated
---, that the following business became an employer under the Railroad
Retirement Act and the Railroad Unemployment Insurance Act effective
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We have reviewed the opinion of the RRB and, based upon the information submitted to us by the RRB, we also conclude that ------became an employer under the Railroad Retirement Tax Act on ---. However, we note that the LLC may be disregarded as an entity separate from its apparent sole owner, its parent company, in which case the parent company is ultimately liable for any employment tax liability. See Notice 99-6, 1991-1 C.B. 321. Please take the appropriate action regarding this business.
Janine Cook-