Internal Revenue Bulletin: 2021-24

June 14, 2021


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.


AOD 2021-3, page 1199.

Nonacquiescence to the holdings that Gevity, rather than its clients, had “control of the payment of wages” and that Gevity was the statutory employer under I.R.C. § 3401(d).


Rev. Rul. 2021-11, page 1200.

Fringe benefits aircraft valuation formula. For purposes of section 1.61-21(g) of the Income Tax Regulations, relating to the rule for valuing non-commercial flights on employer-provided aircraft, the Standard Industry Fare Level (SIFL) cents-per-mile rates and terminal charges in effect for the first half of 2021 are set forth.

The IRS Mission

Provide America’s taxpayers top-quality service by helping them understand and meet their tax responsibilities and enforce the law with integrity and fairness to all.


The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official 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 substantive 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 otherwise indicated. Procedures relating solely to matters of internal 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 rulings 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 Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases.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, disbarment 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.

Actions Relating to Court Decisions

It is the policy of the Internal Revenue Service to announce at an early date whether it will follow the holdings in certain 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 unappealed issues decided adverse to the government. Generally, an Action on Decision 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 affirmative 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 conclusions applying the law to the facts in the particular case at the time the Action on Decision was issued. Caution should be exercised in extending the recommendation of the Action on Decision to similar cases where the facts are different. Moreover, the recommendation in the Action on Decision may be superseded by new legislation, 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 helpful. 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 deciding 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 acquiescence, acquiescence in result only, or nonacquiescence. Both “acquiescence” and “acquiescence in result only” mean that the Service accepts the holding of the court in a case and that the Service will follow it in disposing of cases with the same controlling facts. However, “acquiescence” indicates neither approval nor disapproval of the reasons assigned by the court for its conclusions; whereas, “acquiescence in result only” indicates disagreement or concern with some or all of those reasons. “Nonacquiescence” signifies that, although no further review was sought, the Service does not agree with the holding of the court and, generally, will not follow the decision in disposing of cases involving other taxpayers. In reference to an opinion of a circuit court of appeals, a “nonacquiescence” indicates that the Service will not follow the holding on a nationwide basis. However, the Service will recognize the precedential impact of the opinion on cases arising within the venue of the deciding circuit.

The Commissioner does NOT ACQUIESCE in the following decision:

TriNet Group, Inc. v. United States of America, 979 F.3d 1311 (11th Cir. 2020).1

1 Nonacquiescence to the holdings that Gevity, rather than its clients, had “control of the payment of wages” and that Gevity was the statutory employer under I.R.C. § 3401(d).

Part I

Rev. Rul. 2021-11

For purposes of the taxation of fringe benefits under section 61 of the Internal Revenue Code, section 1.61-21(g) of the Income Tax Regulations provides a rule for valuing noncommercial flights on employer-provided 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 cents-per-mile rates applicable for the period during which the flight was taken by the appropriate aircraft multiple provided in section 1.61-21(g)(7) and then adding the applicable terminal charge. The SIFL cents-per-mile rates in the formula and the terminal charge are calculated by the Department of Transportation (DOT) and are reviewed semi-annually.

According to DOT, due to the effect of the COVID-19 pandemic, airline industry capacity (as measured by airline seat miles) was reduced faster than airline industry expenses were reduced. Generally, the SIFL rate is the result of airline industry expenses divided by airline seat miles. Because airline seat miles were reduced faster than airline industry expenses, the SIFL rate for the 6-month Tax Period Effective 1/1/2021 increased substantially.

Furthermore, in March 2020, the Coronavirus Aid, Relief, and Economic Security Act was enacted, directing the Treasury Department to allot up to $25 billion for domestic carriers to cover payroll expenses via grants and promissory notes, known as the Payroll Support Program (PSP). The PSP grants and PSP promissory notes offset airline industry expenses. Accordingly, DOT provided two alternatives to incorporate differing levels of the PSP into the SIFL rate calculations to both account for the PSP in the rate calculations 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 noncommercial flights of employer-provided aircraft under section 1.61-21(g).

The following charts set forth the terminal charges and SIFL mileage rates:

Unadjusted SIFL Rate

Period During Which the Flight Is Taken Terminal Charge SIFL Mileage Rates
1/1/21 - 6/30/21 $61.88 Up to 500 miles = $.3385 per mile
    501-1500 miles = $.2581 per mile
    Over 1500 miles = $.2481 per mile
SIFL Rate Adjusted for PSP Grants    
1/1/21 - 6/30/21 $44.35 Up to 500 miles = $.2426 per mile
    501-1500 miles = $.1850 per mile
    Over 1500 miles = $.1778 per mile
SIFL Rate Adjusted for PSP Grants and Promissory Notes    
1/1/21 - 6/30/21 $38.03 Up to 500 miles = $.2080 per mile
    501-1500 miles = $.1586 per mile
    Over 1500 miles = $.1525 per mile


The principal author of this revenue ruling is Kathleen Edmondson of the Office of Associate Chief Counsel (Employee Benefits, Exempt Organizations and Employment Taxes). For further information regarding this revenue ruling, contact Ms. Edmondson at (202) 317-6798 (not a toll-free number).

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 published 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 applied 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 being made clear because the language has caused, or may cause, some confusion. It is not used where a position in a prior ruling is being changed.

Distinguished describes a situation where a ruling mentions a previously published 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 published ruling that is not considered determinative 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 substance 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 previously 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 rulings 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 cases in litigation, or the outcome of a Service study.


The following abbreviations in current use and formerly used will appear in material published in the Bulletin.






B.T.A.—Board of Tax Appeals.


C.B.—Cumulative Bulletin.

CFR—Code of Federal Regulations.



Ct.D.—Court Decision.



DC—Dummy Corporation.


Del. Order—Delegation Order.

DISC—Domestic International Sales Corporation.




E.O.—Executive Order.


ERISA—Employee Retirement Income Security Act.



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.


GP—General Partner.


IC—Insurance Company.

I.R.B.—Internal Revenue Bulletin.


LP—Limited Partner.





P—Parent Corporation.

PHC—Personal Holding Company.

PO—Possession of the U.S.



PTE—Prohibited Transaction Exemption.

Pub. L.—Public Law.

REIT—Real Estate Investment Trust.

Rev. Proc.—Revenue Procedure.

Rev. Rul.—Revenue Ruling.


S.P.R.—Statement of Procedural Rules.

Stat.—Statutes at Large.

T—Target Corporation.

T.C.—Tax Court.

T.D.—Treasury Decision.



T.I.R.—Technical Information Release.




U.S.C.—United States Code.




Numerical Finding List1

Numerical Finding List

Bulletin 2021–24


Article Issue Link Page
2021-1 2021-15 I.R.B. 2021-15 985
2021-2 2021-21 I.R.B. 2021-21 1156
2021-3 2021-24 I.R.B. 2021-24 1199


Article Issue Link Page
2021-01 2021-04 I.R.B. 2021-04 506
2021-02 2021-08 I.R.B. 2021-08 892
2021-03 2021-08 I.R.B. 2021-08 892
2021-04 2021-09 I.R.B. 2021-09 895
2021-05 2021-13 I.R.B. 2021-13 965
2021-06 2021-15 I.R.B. 2021-15 1011
2021-07 2021-15 I.R.B. 2021-15 1061
2021-08 2021-18 I.R.B. 2021-18 1146
2021-09 2021-20 I.R.B. 2021-20 1155
2021-10 2021-22 I.R.B. 2021-22 1170
2021-11 2021-23 I.R.B. 2021-23 1196


Article Issue Link Page
2021-01 2021-02 I.R.B. 2021-02 315
2021-03 2021-02 I.R.B. 2021-02 316
2021-04 2021-02 I.R.B. 2021-02 319
2021-02 2021-03 I.R.B. 2021-03 478
2021-05 2021-03 I.R.B. 2021-03 479
2021-07 2021-03 I.R.B. 2021-03 482
2021-09 2021-05 I.R.B. 2021-05 678
2021-06 2021-06 I.R.B. 2021-06 822
2021-08 2021-06 I.R.B. 2021-06 823
2021-11 2021-06 I.R.B. 2021-06 827
2021-12 2021-06 I.R.B. 2021-06 828
2021-13 2021-06 I.R.B. 2021-06 832
2021-10 2021-07 I.R.B. 2021-07 888
2021-15 2021-10 I.R.B. 2021-10 898
2021-16 2021-10 I.R.B. 2021-10 907
2021-18 2021-11 I.R.B. 2021-11 911
2021-19 2021-11 I.R.B. 2021-11 920
2021-20 2021-11 I.R.B. 2021-11 922
2021-17 2021-14 I.R.B. 2021-14 984
2021-21 2021-15 I.R.B. 2021-15 986
2021-22 2021-15 I.R.B. 2021-15 987
2021-23 2021-16 I.R.B. 2021-16 1113
2021-25 2021-17 I.R.B. 2021-17 1118
2021-24 2021-18 I.R.B. 2021-18 1122
2021-27 2021-18 I.R.B. 2021-18 1125
2021-28 2021-18 I.R.B. 2021-18 1130
2021-29 2021-19 I.R.B. 2021-19 1149
2021-30 2021-19 I.R.B. 2021-19 1149
2021-26 2021-21 I.R.B. 2021-21 1157
2021-32 2021-21 I.R.B. 2021-21 1159
2021-31 2021-23 I.R.B. 2021-23 1173
2021-33 2021-23 I.R.B. 2021-23 1190
2021-34 2021-23 I.R.B. 2021-23 1194

Proposed Regulations:

Article Issue Link Page
REG-130081-19 2021-02 I.R.B. 2021-02 321
REG-114615-16 2021-03 I.R.B. 2021-03 489
REG-111950-20 2021-05 I.R.B. 2021-05 683
REG-115057-20 2021-05 I.R.B. 2021-05 714
REG-121095-19 2021-18 I.R.B. 2021-18 1131

Revenue Procedures:

Article Issue Link Page
2021-01 2021-01 I.R.B. 2021-01 1
2021-02 2021-01 I.R.B. 2021-01 116
2021-03 2021-01 I.R.B. 2021-01 140
2021-04 2021-01 I.R.B. 2021-01 157
2021-05 2021-01 I.R.B. 2021-01 250
2021-07 2021-01 I.R.B. 2021-01 290
2021-09 2021-03 I.R.B. 2021-03 485
2021-08 2021-04 I.R.B. 2021-04 502
2021-10 2021-04 I.R.B. 2021-04 503
2021-12 2021-05 I.R.B. 2021-05 681
2021-11 2021-06 I.R.B. 2021-06 833
2021-15 2021-08 I.R.B. 2021-08 891
2021-17 2021-15 I.R.B. 2021-15 991
2021-18 2021-15 I.R.B. 2021-15 1007
2021-19 2021-15 I.R.B. 2021-15 1008
2021-21 2021-17 I.R.B. 2021-17 1118
2021-20 2021-19 I.R.B. 2021-19 1150
2021-23 2021-20 I.R.B. 2021-20 1153
2021-25 2021-21 I.R.B. 2021-21 1161
2021-26 2021-22 I.R.B. 2021-22 1163

Revenue Rulings:

Article Issue Link Page
2021-01 2021-02 I.R.B. 2021-02 294
2021-02 2021-04 I.R.B. 2021-04 495
2021-03 2021-05 I.R.B. 2021-05 674
2021-04 2021-06 I.R.B. 2021-06 724
2021-05 2021-10 I.R.B. 2021-10 896
2021-06 2021-12 I.R.B. 2021-12 946
2021-07 2021-14 I.R.B. 2021-14 982
2021-08 2021-18 I.R.B. 2021-18 1120
2021-09 2021-23 I.R.B. 2021-23 1171
2021-11 2021-24 I.R.B. 2021-24 1200

Treasury Decisions:

Article Issue Link Page
9925 2021-02 I.R.B. 2021-02 296
9940 2021-02 I.R.B. 2021-02 311
9932 2021-03 I.R.B. 2021-03 345
9939 2021-03 I.R.B. 2021-03 376
9941 2021-03 I.R.B. 2021-03 396
9942 2021-03 I.R.B. 2021-03 450
9937 2021-04 I.R.B. 2021-04 495
9936 2021-05 I.R.B. 2021-05 508
9943 2021-05 I.R.B. 2021-05 577
9945 2021-05 I.R.B. 2021-05 627
9946 2021-06 I.R.B. 2021-06 726
9947 2021-06 I.R.B. 2021-06 748
9948 2021-06 I.R.B. 2021-06 801

Treasury Decisions:—Continued

Article Issue Link Page
9938 2021-07 I.R.B. 2021-07 838
9944 2021-16 I.R.B. 2021-16 1062

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, 2020.

Finding List of Current Actions on Previously Published Items1

Bulletin 2021–24

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