Employers v. Not Employers

Office of Chief Counsel
Internal Revenue Service
Memorandum
Number: 200725032
Release Date: 6/22/2007
CC:TEGE:EOEG:ET1
POSTN-141838-06
UILC: 3231.01-00 date: November 06, 2006 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 that the following business became a covered 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 a covered employer under the jurisdiction of the Railroad Retirement Tax Act effective ---.
POSTN-141838-06 2
However, it appears that the entity is a wholly-owned LLC of its owner company, ---
---, and thus may be disregarded as a separate entity for federal tax purposes, including possibly for federal employment tax purposes.
Please take the appropriate action regarding this business.
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Janine Cook cc: