Rev. Rul. 59-339

The purpose of this Revenue Ruling is to restate Revenue Ruling 58-123, C.B. 1958-1, 587, in order to simplify the adoption by a successor proprietor of formulas submitted by the prior owner in the case of a change in proprietorship of a nonbeverage manufacturer.

Revenue Ruling 58-123, supra , provides that where the proprietorship of a nonbeverage manufacturer changes, the successor must submit new formulas or an affidavit adopting the formulas filed by his predecessor. Provision is now made for adoption by signed statement, and an affidavit is no longer required, since the formulas themselves are not required to be submitted in affidavit form.

Where there is a change in the proprietorship of a nonbeverage manufacturer and the successor desires to use the formulas filed by the predecessor, he must (1) submit new formulas in his name on Form 1678, Formula and Process for Nonbeverage Product, to replace those submitted by the predecessor, or (2) adopt the formulas already on file by the submission of a signed statement to the Assistant Regional Commissioner, Alcohol and Tobacco Tax, identifying the formulas submitted by the prior ownership, and on file with the Internal Revenue Service, and stating that they are being adopted and that the preparations will be manufactured in accordance with such approved formulas and processes. The statement should be prepared in quadruplicate and should identify the formulas by serial numbers and names of products. One copy of the statement will be retained by the nonbeverage manufacturer. The Assistant Regional Commissioner will retain the original statement and one copy, and will forward one copy to the Director, Alcohol and Tobacco Tax Division.

This Revenue Ruling supersedes Revenue Ruling 58-123, supra .