Can’t Wait?

Section 301.9100-1 of the Procedure and Administration Regulations provides that the Commissioner may grant a reasonable extension of the time fixed by regulations for making elections or applications for relief.

Rev. Proc. 92-85, 1992-2 CB 490 and Rev. Proc. 93-28, 1993-2 CB 344, set forth the information that must be provided and some factors to consider in determining whether good cause exists to grant an extension of time.

A request for an extension of time for making an election or other application for relief under section 301.9100-3 of the Procedure and Administration Regulations is not submitted as a request for a TAM; instead, the request is submitted as a letter ruling request even if the request is submitted after the examination of the taxpayer's return has begun or after the issues in the return are being considered in Appeals or a federal court. Therefore, a section 301.9100 request should be submitted pursuant to Rev. Proc. 2007-1, 2007-1 IRB 1 (or its successor), (including the payment of the applicable user fee listed in Appendix A of Rev. Proc. 2007-1).