Skip to main content
Date
Rule
801.90; 801.11
Staff
Andrew Scanlon
Response/Comments
5/10/87-I advised (redacted) that relative to the partnership and the irrevocable this letter is accurate finding that it is not for the purpose of evading HSR -as in 801.90 but that the last two sentences of the first paragraph are inaccurate-All revenues must be reported . I referred him to the PMN Practice Manual published by ABA Interpretation #181".

Question

(redacted)

May 7, 1987

Andrew Scanlon
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
6th & Pennsylvania Avenue, NW
Room 303
Washington, D.C. 20580

Dear Mr. Scanlon:

This letter is to confirm matters we discussed in our telephone conversation on May 7, 1987 concerning the Hart-Scott-Rodino Premerger Notification Form. I asked you whether a partnership 99% owned by an individual and 1% owned by an irrevocable trust in favor of the individuals children would be deemed controlled by the individual. You stated that the partnership would not be deemed to be controlled by the individual. Thus, revenues of the partnership would not be attributed to the individual. I also asked you if revenues from passive investments in stocks, certificates of deposits, money market funds, etc., would be reportable. You stated that they would not be reportable because the revenues must be derived from the reporting persons operations in various industries.

I would appreciate your written confirmation of the accuracy of the foregoing discussion by your return of this letter with your signature at the bottom of the next page. It is my understanding you will respond in approximately two (2) days after receiving this letter. If possible, please respond by Federal Express and bill to our account number (redacted).

Thank you very much for your cooperation. I have found you to be most informative in matters concerning reporting under the Hart-Scott-Rodino Act.

Very truly yours,

(Redacted)

_____________

Mr. Andrew Scanlon
Premerger Notification Specialist
Federal Trade Commission
 

cc:(redacted)

(redacted)

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

Learn more about Informal Interpretations.