Date: December 19, 2014
Issue: Letter to IRS regarding IRC Section 305(c)
To: IRS
Filing Type: Regulatory
Description: We write to you today because we are concerned that the Internal Revenue Service (“IRS”) is considering a new interpretation of IRC Section 305(c) that may have adverse consequences upon capital formation. Accordingly, we believe that a change in the application of IRC Section 305(c) would effectively create a new regulatory regime and accordingly respectfully request that the IRS release a notice for public comment, as well as economic analysis as required under the Administrative Procedures Act and compliance with Executive Orders 12866, 13563 and 13579 to identify adverse impacts on capital formation and prevent any harm to the economy from the expanded application of this provision