Internal Revenue Bulletin 2022-12 (PDF rendition): IRS Revenue Rulings

Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing. Whole bulletin rendition: numbered items are identified below; other legal material and publisher context remain included. This is not a new standalone advance release.

Bulletin No. 2022–12
March 21, 2022
HIGHLIGHTS
OF THIS ISSUE
These synopses are intended only as aids to the reader in
identifying the subject matter covered. They may not be
relied upon as authoritative interpretations.
EMPLOYMENT TAX
AOD 2022-2, page 903.
Nonacquiescence to the holding that relocation bene-
fits provided by a railroad to its employees are exempt
from Railroad Retirement Tax Act (RRTA) taxation under
I.R.C. § 3231(e)(1)(iii).
INCOME TAX
Notice 2022-12, page 906.
Resident populations of the 50 states, the District of Co-
lumbia, Puerto Rico, and the insular areas for purposes
of determining the 2022 calendar year (1) state hous-
ing credit ceiling under section 42(h) of the Code, (2)
private activity bond volume cap under section 146,
and (3) private activity bond volume limit under section
142(k) are reproduced.
Rev. Rul. 2022-6, page 904.
Fringe benefits aircraft valuation formula. For purpos-
es of section 1.61-21(g) of the Income Tax Regula-
tions, relating to the rule for valuing non-commercial
flights on employer-provided aircraft, the Standard
Industry Fare Level (SIFL) cents-per-mile rates and ter-
minal charges in effect for the first half of 2022 are
set forth.
Finding Lists begin on page ii.

The IRS Mission
Provide America’s taxpayers top-quality service by helping
them understand and meet their tax responsibilities and en-
force the law with integrity and fairness to all.
Introduction
The Internal Revenue Bulletin is the authoritative instrument
of the Commissioner of Internal Revenue for announcing of-
ficial rulings and procedures of the Internal Revenue Service
and for publishing Treasury Decisions, Executive Orders, Tax
Conventions, legislation, court decisions, and other items of
general interest. It is published weekly.
It is the policy of the Service to publish in the Bulletin all sub-
stantive rulings necessary to promote a uniform application
of the tax laws, including all rulings that supersede, revoke,
modify, or amend any of those previously published in the
Bulletin. All published rulings apply retroactively unless other-
wise indicated. Procedures relating solely to matters of inter-
nal management are not published; however, statements of
internal practices and procedures that affect the rights and
duties of taxpayers are published.
Revenue rulings represent the conclusions of the Service
on the application of the law to the pivotal facts stated in
the revenue ruling. In those based on positions taken in rul-
ings to taxpayers or technical advice to Service field offices,
identifying details and information of a confidential nature are
deleted to prevent unwarranted invasions of privacy and to
comply with statutory requirements.
Rulings and procedures reported in the Bulletin do not have the
force and effect of Treasury Department Regulations, but they
may be used as precedents. Unpublished rulings will not be
relied on, used, or cited as precedents by Service personnel in
the disposition of other cases. In applying published rulings and
procedures, the effect of subsequent legislation, regulations,
court decisions, rulings, and procedures must be considered,
and Service personnel and others concerned are cautioned
against reaching the same conclusions in other cases unless
the facts and circumstances are substantially the same.
The Bulletin is divided into four parts as follows:
Part I.—1986 Code.
This part includes rulings and decisions based on provisions
of the Internal Revenue Code of 1986.
Part II.—Treaties and Tax Legislation.
This part is divided into two subparts as follows: Subpart A,
Tax Conventions and Other Related Items, and Subpart B,
Legislation and Related Committee Reports.
Part III.—Administrative, Procedural, and Miscellaneous.
To the extent practicable, pertinent cross references to these
subjects are contained in the other Parts and Subparts. Also
included in this part are Bank Secrecy Act Administrative
Rulings. Bank Secrecy Act Administrative Rulings are issued
by the Department of the Treasury’s Office of the Assistant
Secretary (Enforcement).
Part IV.—Items of General Interest.
This part includes notices of proposed rulemakings, disbar-
ment and suspension lists, and announcements.
The last Bulletin for each month includes a cumulative index
for the matters published during the preceding months. These
monthly indexes are cumulated on a semiannual basis, and are
published in the last Bulletin of each semiannual period.
The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.
March 21, 2022 Bulletin No. 2022–12

Actions Relating to Court
Decisions
It is the policy of the Internal Reve­
nue Service to announce at an early date
whether it will follow the holdings in cer­
tain cases. An Action on Decision is the
document making such an announcement.
An Action on Decision will be issued at
the discretion of the Service only on un­
appealed issues decided adverse to the
government. Generally, an Action on De­
cision is issued where its guidance would
be helpful to Service personnel working
with the same or similar issues. Unlike a
Treasury Regulation or a Revenue Ruling,
an Action on Decision is not an affirma­
tive statement of Service position. It is not
intended to serve as public guidance and
may not be cited as precedent.
Actions on Decisions shall be relied
upon within the Service only as conclu­
sions applying the law to the facts in the
particular case at the time the Action on
Decision was issued. Caution should be ex­
ercised in extending the recommenda tion
of the Action on Decision to similar cases
where the facts are different. More over,
the recommendation in the Action on De­
cision may be superseded by new legisla­
tion, regulations, rulings, cases, or Actions
on Decisions.
Prior to 1991, the Service published
acquiescence or nonacquiescence only in
certain regular Tax Court opinions. The
Service has expanded its acquiescence
program to include other civil tax cases
where guidance is determined to be help­
ful. Accordingly, the Service now may
acquiesce or nonacquiesce in the holdings
of memorandum Tax Court opinions, as
well as those of the United States District
Courts, Claims Court, and Circuit Courts
of Appeal. Regardless of the court decid­
ing the case, the recommendation of any
Action on Decision will be published in
the Internal Revenue Bulletin.
The recommendation in every Action
on Decision will be summarized as ac­
quiescence, acquiescence in result only,
or nonacquiescence. Both “acquies­
cence” and “acquiescence in result only”
mean that the Service accepts the holding
of the court in a case and that the Ser­
vice will follow it in disposing of cases
with the same controlling facts. How­
ever, “acqui escence” indicates neither
approval nor disapproval of the reasons
assigned by the court for its conclusions;
whereas, “acqui escence in result only”
indicates disagree ment or concern with
some or all of those reasons. “Nonacqui­
escence” signifies that, although no fur­
ther review was sought, the Service does
not agree with the hold ing of the court
and, generally, will not follow the deci­
sion in disposing of cases involving other
taxpayers. In reference to an opinion of a
circuit court of appeals, a “nonacquies­
cence” indicates that the Ser vice will not
follow the holding on a na tionwide ba­
sis. However, the Service will recognize
the precedential impact of the opinion on
cases arising within the venue of the de­
ciding circuit.
The Commissioner does NOT ACQUI­
ESCE in the following decision:

CSX Corp. v. United States, 18 F.4th
672 (11th Cir. 2021).
1

1
Nonacquiescence to the holding that relocation benefits provided by a railroad to its employees are exempt from Railroad Retirement Tax Act (RRTA) taxation under I.R.C. § 3231(e)(1)(iii).
Bulletin No. 2022–12 903 March 21, 2022

Part I
Rev. Rul. 2022-6
For purposes of the taxation of fringe
benefits under section 61 of the Internal
Revenue Code, section 1.61­21(g) of the
Income Tax Regulations provides a rule
for valuing noncommercial flights on
employer­provided aircraft. Section 1.61­
21(g)(5) provides an aircraft valuation
formula to determine the value of such
flights. The value of a flight is determined
under the base aircraft valuation formula
(also known as the Standard Industry Fare
Level formula or SIFL) by multiplying
the SIFL cents­per­mile rates applicable
for the period during which the flight was
taken by the appropriate aircraft multiple
provided in section 1.61­21(g)(7) and then
adding the applicable terminal charge. The
SIFL cents­per­mile rates in the formula
and the terminal charge are calculated by
the Department of Transportation (DOT)
and are reviewed semi­annually.
According to DOT, due to the effect of
the COVID­19 pandemic, airline indus­
try capacity (as measured by airline seat
miles) was reduced faster than airline in­
dustry expenses were reduced. Generally,
the SIFL rate is the result of airline indus­
try expenses divided by airline seat miles.
Because airline seat miles were reduced
faster than airline industry expenses, the
SIFL rate for the 6­month Tax Period Ef­
fective 1/1/2021 increased substantially.
Furthermore, in March 2020, the Coro­
navirus Aid, Relief, and Economic Securi­
ty Act was enacted, directing the Treasury
Department to allot up to $25 billion for
domestic carriers to cover payroll ex­
penses via grants and promissory notes,
known as the Payroll Support Program
(PSP). The PSP grants and PSP promisso­
ry notes offset airline industry expenses.
Accordingly, DOT provided two alterna­
tives to incorporate differing levels of the
PSP into the SIFL rate calculations to both
account for the PSP in the rate calcula­
tions and to mitigate the pandemic impact
on the SIFL rate. One calculation adjusts
the SIFL rates to account for PSP grants
only while the other calculation adjusts
the SIFL rates to account for both the PSP
grants and PSP promissory notes.
This revenue ruling contains these
three SIFL rates: (1) the Unadjusted SIFL
Rate, (2) the SIFL Rate Adjusted for PSP
Grants, and (3) the SIFL Rate Adjusted
for PSP Grants and Promissory Notes.
Taxpayers may use any of the three rates
when determining the value on noncom­
mercial flights of employer­provided air­
craft under section 1.61­21(g).
The following charts set forth the ter­
minal charges and SIFL mileage rates:
Unadjusted SIFL Rate
Period During Which

the Flight Is Taken
Terminal SIFL Mileage
Charge Rates
1/1/22 ­ 6/30/22 $44.98 Up to 500 miles
= $.2460 per mile

501­1500 miles
= $.1876 per mile
Over 1500 miles
= $.1803 per mile
SIFL Rate Adjusted for PSP Grants
1/1/22 ­ 6/30/22 $33.88 Up to 500 miles
= $.1853 per mile
501­1500 miles
= $.1413 per mile
Over 1500 miles
= $.1359 per mile
SIFL Rate Adjusted for PSP Grants and Promissory Notes
1/1/22 ­ 6/30/22 $29.45 Up to 500 miles
= $.1611 per mile
501­1500 miles
= $.1228 per mile
Over 1500 miles
= $.1181 per mile
March 21, 2022 904 Bulletin No. 2022–12

Bulletin No. 2022–12 905 March 21, 2022
DRAFTING INFORMATION
The principal author of this revenue rul­
ing is Kathleen Edmondson of the Office
of Associate Chief Counsel (Employee
Benefits, Exempt Organizations and Em­
ployment Taxes). For further information
regarding this revenue ruling, contact Ms.
Edmondson at (202) 317­6798 (not a toll­
free number).

March 21, 2022 906 Bulletin No. 2022–12
Part III
2022 Calendar Year
Resident Population
Figures
Notice 2022-12
This notice advises State and local hous­
ing credit agencies that allocate low­in­
come housing tax credits under § 42 of
the Internal Revenue Code, and States and
other issuers of tax­exempt private activ­
ity bonds under § 141, of the population
figures to use in calculating: (1) the 2022
calendar year population­based component
of the State housing credit ceiling (Credit
Ceiling) under § 42(h)(3)(C)(ii); (2) the
2022 calendar year volume cap (Volume
Cap) under § 146; and (3) the 2022 volume
limit (Volume Limit) under § 142(k)(5).
Generally, the population­based com­
ponent of both the Credit Ceiling and
the Volume Cap are determined under §
146(j), which requires determining the
population figures for any calendar year
on the basis of the most recent census es­
timate of the resident population of a State
(or issuing authority) released by the U.S.
Census Bureau before the beginning of the
calendar year. Similarly, § 142(k)(5) bases
the Volume Limit on the State population.
Sections 42(h)(3)(H) and 146(d)(2)
require adjusting for inflation the popula­
tion­based component of the Credit Ceil­
ing and the Volume Cap. The Credit Ceil­
ing adjustment for the 2022 calendar year
is in Rev. Proc. 2021­45, 2021­48 I.R.B
764. Section 3.09 of Rev. Proc. 2021­45
provides that, for calendar year 2022, the
amount for calculating the Credit Ceil­
ing under § 42(h)(3)(C)(ii) is the greater
of $2.60 multiplied by the State popula­
tion, or $2,975,000. Further, section 3.20
of Rev. Proc. 2021­45 provides that the
amount for calculating the Volume Cap
under § 146(d)(1) for calendar year 2022
is the greater of $110 multiplied by the
State population, or $335,115,000.
For the 50 states, the District of Colum­
bia, and Puerto Rico, the population fig­
ures for calculating the Credit Ceiling, the
Volume Cap, and the Volume Limit for the
2022 calendar year are the resident pop­
ulation estimates released electronically
by the U.S. Census Bureau on December
21, 2021, and described in Press Release
CB21­208. For American Samoa, Guam,
the Northern Mariana Islands, and the
U.S. Virgin Islands, the population figures
for the 2022 calendar year are the 2021
midyear population figures in the U.S.
Census Bureau’s International Data Base
(IDB). The U.S. Census Bureau electron­
ically announced an update of the IDB
on December 21, 2021, in Press Release
CB21­TPS.148.
For convenience, these figures are re­
printed below.
Resident Population Figures
Alabama 5,039,877
Alaska 732,673
American Samoa 46,366
Arizona 7,276,316
Arkansas 3,025,891
California 39,237,836
Colorado 5,812,069
Connecticut 3,605,597
Delaware 1,003,384
District of Columbia 670,050
Florida 21,781,128
Georgia 10,799,566
Guam 168,801
Hawaii 1,441,553
Idaho 1,900,923
Illinois 12,671,469
Indiana 6,805,985
Iowa 3,193,079
Kansas 2,934,582
Kentucky 4,509,394
Louisiana 4,624,047
Maine 1,372,247
Maryland 6,165,129
Massachusetts 6,984,723
Michigan 10,050,811
Minnesota 5,707,390
Mississippi 2,949,965
Missouri 6,168,187
Montana 1,104,271

Bulletin No. 2022–12 907 March 21, 2022
Resident Population Figures
Nebraska 1,963,692
Nevada 3,143,991
New Hampshire 1,388,992
New Jersey 9,267,130
New Mexico 2,115,877
New York 19,835,913
North Carolina 10,551,162
North Dakota 774,948
Northern Mariana Islands 51,659
Ohio 11,780,017
Oklahoma 3,986,639
Oregon 4,246,155
Pennsylvania 12,964,056
Puerto Rico 3,263,584
Rhode Island 1,095,610
South Carolina 5,190,705
South Dakota 895,376
Tennessee 6,975,218
Texas 29,527,941
Utah 3,337,975
Vermont 645,570
Virginia 8,642,274
Virgin Islands, U.S. 105,870
Washington 7,738,692
West Virginia 1,782,959
Wisconsin 5,895,908
Wyoming 578,803
The principal authors of this notice are
Michael J. Torruella Costa, Office of the
Associate Chief Counsel (Passthroughs
and Special Industries), and Lewis Bell,
Office of the Associate Chief Counsel
(Financial Institutions and Products). For
further information regarding this notice,
please contact Mr. Torruella Costa at (202)
317­4137 (not a toll­free number).

Bulletin No. 2022–12 i March 21, 2022
Definition of Terms
Revenue rulings and revenue procedures
(hereinafter referred to as “rulings”) that
have an effect on previous rulings use the
following defined terms to describe the
effect:
Amplified describes a situation where
no change is being made in a prior pub­
lished position, but the prior position is
being extended to apply to a variation of
the fact situation set forth therein. Thus, if
an earlier ruling held that a principle ap­
plied to A, and the new ruling holds that
the same principle also applies to B, the
earlier ruling is amplified. (Compare with
modified, below).
Clarified is used in those instances
where the language in a prior ruling is be­
ing made clear because the language has
caused, or may cause, some confusion. It
is not used where a position in a prior rul­
ing is being changed.
Distinguished describes a situation
where a ruling mentions a previously pub­
lished ruling and points out an essential
difference between them.
Modified is used where the substance
of a previously published position is being
changed. Thus, if a prior ruling held that a
principle applied to A but not to B, and the
new ruling holds that it applies to both A
and B, the prior ruling is modified because
it corrects a published position. (Compare
with amplified and clarified, above).
Obsoleted describes a previously pub­
lished ruling that is not considered deter­
minative with respect to future transactions.
This term is most commonly used in a ruling
that lists previously published rulings that
are obsoleted because of changes in laws or
regulations. A ruling may also be obsoleted
because the substance has been included in
regulations subsequently adopted.
Revoked describes situations where the
position in the previously published ruling
is not correct and the correct position is
being stated in a new ruling.
Superseded describes a situation where
the new ruling does nothing more than
restate the substance and situation of a
previously published ruling (or rulings).
Thus, the term is used to republish under
the 1986 Code and regulations the same
position published under the 1939 Code
and regulations. The term is also used
when it is desired to republish in a single
ruling a series of situations, names, etc.,
that were previously published over a
period of time in separate rulings. If the
new ruling does more than restate the sub­
stance of a prior ruling, a combination of
terms is used. For example, modified and
superseded describes a situation where the
substance of a previously published ruling
is being changed in part and is continued
without change in part and it is desired to
restate the valid portion of the previous­
ly published ruling in a new ruling that is
self contained. In this case, the previously
published ruling is first modified and then,
as modified, is superseded.
Supplemented is used in situations in
which a list, such as a list of the names of
countries, is published in a ruling and that
list is expanded by adding further names
in subsequent rulings. After the original
ruling has been supplemented several
times, a new ruling may be published that
includes the list in the original ruling and
the additions, and supersedes all prior rul­
ings in the series.
Suspended is used in rare situations to
show that the previous published rulings
will not be applied pending some future
action such as the issuance of new or
amended regulations, the outcome of cas­
es in litigation, or the outcome of a Ser­
vice study.
Abbreviations
The following abbreviations in current
use and formerly used will appear in
material published in the Bulletin.
A—Individual.
Acq.—Acquiescence.
B—Individual.
BE—Beneficiary.
BK—Bank.
B.T.A.—Board of Tax Appeals.
C—Individual.
C.B.—Cumulative Bulletin.
CFR—Code of Federal Regulations.
CI
—City.
COOP—Cooperative.
Ct.D.—Court Decision.
CY—County.
D—Decedent.
DC—Dummy Corporation.
DE—Donee.
Del. Order—Delegation Order.
DISC—Domestic International Sales Corporation.
DR—Donor.
E—Estate.
EE—Employee.
E.O.—Executive Order.
ER—Employer.
ERISA—Employee Retirement Income Security Act.
EX—Executor.
F—Fiduciary.
FC—Foreign Country.
FICA—Federal Insurance Contributions Act.
FISC—Foreign International Sales Company.
FPH—Foreign Personal Holding Company.
F.R.—Federal Register.
FUTA—Federal Unemployment Tax Act.
FX—Foreign corporation.
G.C.M.—Chief Counsel’s Memorandum.
GE—Grantee.
GP—General Partner.
GR—Grantor.
IC—Insurance Company.
I.R.B.—Internal Revenue Bulletin.
LE—Lessee.
LP—Limited Partner.
LR—Lessor.
M—Minor.
Nonacq.—Nonacquiescence.
O—Organization.
P—Parent Corporation.
PHC—Personal Holding Company.
PO—Possession of the U.S.
PR—Partner.
PRS—Partnership.
PTE—Prohibited Transaction Exemption.
Pub. L.—Public Law.
REIT—Real Estate Investment Trust.
Rev. Proc.—Revenue Procedure.
Rev. Rul.—Revenue Ruling.
S—Subsidiary.
S.P.R.—Statement of Procedural Rules.
Stat.—Statutes at Large.
T—Target Corporation.
T.C.—Tax Court.
T.D.—Treasury Decision.
TFE—Transferee.
TFR—Transferor.
T.I.R.—Technical Information Release.
TP—Taxpayer.
TR—Trust.
TT—Trustee.
U.S.C.—United States Code.
X—Corporation.
Y—Corporation.
Z—Corporation.

March 21, 2022 ii Bulletin No. 2022–12
Numerical Finding List
1
Bulletin 2022–12
Announcements:
2022­3, 2022­8 I.R.B. 788
2022­4, 2022­9 I.R.B. 789
2022­5, 2022­11 I.R.B. 825
AOD:
2022­1, 2022­06 I.R.B. 466
2022­2, 2022­12 I.R.B. 903
Notices:
2022­1, 2022­02 I.R.B. 304
2022­2, 2022­02 I.R.B. 304
2022­3, 2022­02 I.R.B. 308
2022­4, 2022­02 I.R.B. 309
2022­5, 2022­05 I.R.B. 457
2022­6, 2022­05 I.R.B. 460
2022­7, 2022­06 I.R.B. 469
2022­8, 2022­07 I.R.B. 491
2022­9, 2022­10 I.R.B. 811
2022­10, 2022­10 I.R.B. 815
2022­12, 2022­12 I.R.B. 906
Proposed Regulations:
REG­118250­20, 2022­07 I.R.B. 753
REG­105954­20, 2022­11 I.R.B. 828
REG­114209­21, 2022­11 I.R.B. 898
Revenue Procedures:
2022­1, 2022­01 I.R.B. 1
2022­2, 2022­01 I.R.B. 120
2022­3, 2022­01 I.R.B. 144
2022­4, 2022­01 I.R.B. 161
2022­5, 2022­01 I.R.B. 256
2022­7, 2022­01 I.R.B. 297
2022­9, 2022­02 I.R.B. 310
2022­11, 2022­03 I.R.B. 449
2022­8, 2022­04 I.R.B. 451
2022­10, 2022­06 I.R.B. 473
2022­13, 2022­06 I.R.B. 477
2022­12, 2022­07 I.R.B. 494
2022­14, 2022­07 I.R.B. 502
Revenue Rulings:
2022­1, 2022­02 I.R.B. 301
2022­2, 2022­04 I.R.B. 451
2022­3, 2022­06 I.R.B. 467
2022­4, 2022­10 I.R.B. 790
2022­5, 2022­10 I.R.B. 792
2022­6, 2022­12 I.R.B. 904
Treasury Decisions:
9959, 2022­03 I.R.B. 328
9961, 2022­03 I.R.B. 430
9960, 2022­07 I.R.B. 481
9962, 2022­11 I.R.B. 823
1
A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2020–27 through 2020–52 is in Internal Revenue Bulletin
2020–52, dated December 27, 2021.

Bulletin No. 2022–12 iii March 21, 2022
Finding List of Current Actions on
Previously Published Items
1
Bulletin 2022–12
1
A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2020–27 through 2020–52 is in Internal Revenue Bulletin
2020–52, dated December 27, 2021.

Internal Revenue Service
Washington, DC 20224
Official Business
Penalty for Private Use, $300
INTERNAL REVENUE BULLETIN
The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue
Bulletins are available at www.irs.gov/irb/.
We Welcome Comments About the Internal Revenue Bulletin
If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it,
we would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page
www.irs.gov) or write to the Internal Revenue Service, Publishing Division, IRB Publishing Program Desk, 1111 Constitution Ave.
NW, IR­6230 Washington, DC 20224.