In a generic legal advice memorandum
, the IRS Office of Chief Counsel concluded that a bank does not derive domestic production gross receipts (DPGR) from the disposition of computer software when it allows customers to download a free mobile phone app providing access to the banks online fee-based services.
To address any remaining doubt about the IRS's view on VPFS transactions that incorporate share lending arrangements, the Office of Chief Counsel issued Generic Legal Advice Memorandum AM-2007-004 on February 2, 2007.
(12) Generic Legal Advice Memorandum AM-2007-004 at 4 (February 2, 2007).
In its recommendations, the IRS task force proposed the development of a Generic Legal Advice Memorandum
that, except in limited circumstances, would be issued and signed by the Associate, Deputy Associate, or Assistant Chief Counsel.
The task force suggested that "a multifaceted approach to the problem is needed that will (a) provide a vehicle for resolving audit issues that affect multiple taxpayers in an industry, (b) give IRS personnel an alternative to the TAM as a vehicle for obtaining timely advice to aid them in case development, and (c) streamline existing procedures to encourage the more timely issuance of TAMs with taxpayer involvement." It proposed the creation of a Generic Legal Advice memorandum that, except in limited circumstances, would be issued and signed by the Associate, Deputy Associate, or Assistant Chief Counsel.
The pending TAM could be issued, and if so inclined, the Associate or Assistant Chief Counsel could use a Generic Legal Advice memorandum to clarify how the issue might be decided or developed in other factual situations."
The task force observed that nothing "prohibits IRS personnel from requesting both a [traditional] TAM and a Generic Legal Advice memorandum on an issue." It suggested that some Generic Legal Advice memoranda may be completed in less than 30 days, and relatively few should require more than 180 days.
The proposed time frames for completing a Generic Legal Advice memorandum seem optimistic, especially when compared with those for the Industry Issue Resolution (IIR) program.
To address these issues, the Chief Counsel announced an overhaul of the National Office's case-specific guidance program, including a streamlined Technical Advice Memorandum (TAM) process and two new vehicles for providing legal advice to the Field without taxpayer input, the Generic Legal Advice Memorandum
(GLAM) and the Case-Specific Legal Advice Memorandum (Shazam).