These synopses are intended only as aids to the reader in

Agency decision

Ask Donna

What actually matters in this document.

Text

Bulletin No. 1997–5

February 3, 1997

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.

INCOME TAX

Rev. Rul. 97–7, page 14.

Federal rates; adjusted federal rates; adjusted federal long-term rate, and the long-term exempt rate.

For purposes of sections 1274, 1288, 382, and other

sections of the Code, tables set forth the rates for

February 1997.

T.D. 8690, page 5.

Final regulations under section 170 of the Code provide

guidance regarding the allowance of certain charitable

contribution deductions, the substantiation requirements

for charitable contributions of $250 or more, and the

disclosure requirements for quid pro quo contributions in

excess of $75.

T.D. 8691, page 16.

Final regulations under section 6335 of the Code relate

to the sale of seized property.

Rev. Proc. 97–13, page 18.

Tax-exempt bonds; private activity bonds. This procedure sets forth conditions under which a management

contract does not result in private business use under

section 141(b) of the Code. This procedure also applies

to determinations of whether a management contract

causes the test in section 145(a)(2)(B) to be met for

qualified 501(c)(3) bonds.

Rev. Proc. 97–14, page 20.

Tax-exempt bonds; private activity bonds. This procedure sets forth conditions under which a research

Finding Lists begin on page 31.

Announcement of Disbarments and Suspensions begins on page 29.

Monthly Index for January begins on page 33.

agreement does not result in private business use under

section 141(b) of the Code. This procedure also applies

to determinations of whether a research agreement

causes the test in section 145(a)(2)(B) of the Code to

be met for qualified 501(c)(3) bonds.

Rev. Proc. 97–15, page 21.

Tax-exempt bonds; private activity bonds. This procedure provides a program under which an issuer of state

or local bonds may request a closing agreement regarding outstanding bonds to fail to meet certain requirements of sections 141 through 150 of the Code relating

to use of proceeds as a result of an action subsequent

to the issue date.

EXEMPT ORGANIZATIONS

Announcement 97–9, page 27.

A list is given of organizations now classified as private

foundations.

ADMINISTRATIVE

Rev. Proc. 97–16, page 25.

Domestic asset/liability and investment yield percentages. This procedure provides the domestic asset/

liability percentages and domestic investment yield percentages necessary for foreign companies conducting

insurance business in the United States to compute the

minimum effectively connected net investment income

under section 842(b) for taxable years after December

31, 1995.

Mission of the Service

The purpose of the Internal Revenue Service is to

collect the proper amount of tax revenue at the least

cost; serve the public by continually improving the

quality of our products and services; and perform in a

manner warranting the highest degree of public

confidence in our integrity, efficiency and fairness.

Statement of Principles

of Internal Revenue

Tax Administration

The Service also has the responsibility of applying

and administering the law in a reasonable,

practical manner. Issues should only be raised by

examining of ficers when they have merit, never

arbitrarily or for trading purposes. At the same

time, the examining officer should never hesitate

to raise a meritorious issue. It is also important

that care be exercised not to raise an issue or to

ask a court to adopt a position inconsistent with

an established Service position.

The function of the Internal Revenue Service is to

administer the Internal Revenue Code. Tax policy

for raising revenue is determined by Congress.

With this in mind, it is the duty of the Service to

carry out that policy by correctly applying the laws

enacted by Congress; to determine the reasonable

meaning of various Code provisions in light of the

Congressional purpose in enacting them; and to

perform this work in a fair and impartial manner,

with neither a government nor a taxpayer point of view.

Administration should be both reasonable and

vigorous. It should be conducted with as little

delay as possible and with great cour tesy and

considerateness. It should never try to overreach,

and should be reasonable within the bounds of law

and sound administration. It should, however, be

vigorous in requiring compliance with law and it

should be relentless in its attack on unreal tax

devices and fraud.

At the heart of administration is interpretation of the

Code. It is the responsibility of each person in the

Service, charged with the duty of interpreting the

law, to try to find the true meaning of the statutory

provision and not to adopt a strained construction in

the belief that he or she is ‘‘protecting the revenue.’’

The revenue is properly protected only when we ascertain and apply the true meaning of the statute.

2

Introduction

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 and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin

contents of a permanent nature are consolidated semiannually into Cumulative Bulletins, which are sold on a

single-copy basis.

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.

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.

Part II.—Treaties and Tax Legislation.

This part is divided into two subparts as follows:

Subpart A, Tax Conventions, 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).

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.

Part IV.—Items of General Interest.

With the exception of the Notice of Proposed Rulemaking and the disbarment and suspension list included in

this part, none of these announcements are consolidated in the Cumulative Bulletins.

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,

The first Bulletin for each month includes an index for

the matters published during the preceding month.

These monthly indexes are cumulated on a quarterly and

semiannual basis, and are published in the first Bulletin

of the succeeding quarterly and semi-annual period,

respectively.

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.

For sale by the Superintendent of Documents U.S. Government Printing Office, Washington, D.C. 20402.

3

Part I. Rulings and Decisions Under the Internal Revenue Code of 1986

Section 42.—Low-Income Housing

Credit

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of February 1997. See Rev. Rul. 97–7,

page 14.

Section 57.—Items of Tax

Preference

What are the procedures under which an issuer

of state or local bonds may request a closing

agreement with respect to outstanding bonds (1) to

prevent the interest on those bonds from being

includible in gross income of bondholders or (2)

to prevent the interest on those bonds from being

treated as an item of tax preference for purposes

of the alternative minimum tax for bondholders, in

each case as a result of an action subsequent to

the issue date that causes those bonds to fail to

meet certain requirements of §§ 141 through 150

of the Internal Revenue Code relating to use of

proceeds? See Rev. Proc. 97–15, page 21.

includible in gross income of bondholders or (2)

to prevent the interest on those bonds from being

treated as an item of tax preference for purposes

of the alternative minimum tax for bondholders, in

each case as a result of an action subsequent to

the issue date that causes those bonds to fail to

meet certain requirements of §§ 141 through 150

of the Internal Revenue Code relating to use of

proceeds? See Rev. Proc. 97–15, page 21.

26 CFR 1.141–3: Definition of private business

use.

What are the conditions under which a management contract does not result in private business

use under § 141(b) or § 145(a)(2)(B) of the

Internal Revenue Code? See Rev. Proc. 97–13,

page 18.

What are the conditions under which a research

agreement does not result in private business use

under § 141(b) or § 145(a)(2)(B) of the Internal

Revenue Code? See Rev. Proc. 97–14, page 20.

26 CFR 1.141–12: Remedial actions.

Section 103.—Interest on State and

Local Bonds

What are the conditions under which a management contract does not result in private business

use under § 141(b) or § 145(a)(2)(B) of the

Internal Revenue Code? See Rev. Proc. 97–13,

page 18.

What are the conditions under which a research

agreement does not result in private business use

under § 141(b) or § 145(a)(2)(B) of the Internal

Revenue Code? See Rev. Proc. 97–14, page 20.

What are the procedures under which an issuer

of state or local bonds may request a closing

agreement with respect to outstanding bonds (1) to

prevent the interest on those bonds from being

includible in gross income of bondholders or (2)

to prevent the interest on those bonds from being

treated as an item of tax preference for purposes

of the alternative minimum tax for bondholders, in

each case as a result of an action subsequent to

the issue date that causes those bonds to fail to

meet certain requirements of §§ 141 through 150

of the Internal Revenue Code relating to use of

proceeds? See Rev. Proc. 97–15, page 21.

Section 141.—Private Activity

Bond; Qualified Bond

What are the conditions under which a management contract does not result in private business

use under § 141(b) or § 145(a)(2)(B) of the

Internal Revenue Code? See Rev. Proc. 97–13,

page 18.

What are the conditions under which a research

agreement does not result in private business use

under § 141(b) or § 145(a)(2)(B) of the Internal

Revenue Code? See Rev. Proc. 97–14, page 20.

What are the procedures under which an issuer

of state or local bonds may request a closing

agreement with respect to outstanding bonds (1) to

prevent the interest on those bonds from being

What are the procedures under which an issuer

of state or local bonds may request a closing

agreement with respect to outstanding bonds (1) to

prevent the interest on those bonds from being

includible in gross income of bondholders or (2)

to prevent the interest on those bonds from being

treated as an item of tax preference for purposes

of the alternative minimum tax for bondholders, in

each case as a result of an action subsequent to

the issue date that causes those bonds to fail to

meet certain requirements of §§ 141 through 150

of the Internal Revenue Code relating to use of

proceeds? See Rev. Proc. 97–15, page 21.

Section 142.—Exempt Facility

Bond

What are the procedures under which an issuer

of state or local bonds may request a closing

agreement with respect to outstanding bonds (1) to

prevent the interest on those bonds from being

includible in gross income of bondholders or (2)

to prevent the interest on those bonds from being

treated as an item of tax preference for purposes

of the alternative minimum tax for bondholders, in

each case as a result of an action subsequent to

the issue date that causes those bonds to fail to

meet certain requirements of §§ 141 through 150

of the Internal Revenue Code relating to use of

proceeds? See Rev. Proc. 97–15, page 21.

26 CFR 1.142–2: Remedial actions.

What are the procedures under which an issuer

of state or local bonds may request a closing

agreement with respect to outstanding bonds (1) to

prevent the interest on those bonds from being

includible in gross income of bondholders or (2)

to prevent the interest on those bonds from being

treated as an item of tax preference for purposes

of the alternative minimum tax for bondholders, in

each case as a result of an action subsequent to

the issue date that causes those bonds to fail to

meet certain requirements of §§ 141 through 150

of the Internal Revenue Code relating to use of

proceeds? See Rev. Proc. 97–15, page 21.

4

Section 144.—Qualified Small Issue

Bond; Qualified Student Loan Bond;

Qualified Redevelopment Bond

What are the procedures under which an issuer

of state or local bonds may request a closing

agreement with respect to outstanding bonds (1) to

prevent the interest on those bonds from being

includible in gross income of bondholders or (2)

to prevent the interest on those bonds from being

treated as an item of tax preference for purposes

of the alternative minimum tax for bondholders, in

each case as a result of an action subsequent to

the issue date that causes those bonds to fail to

meet certain requirements of §§ 141 through 150

of the Internal Revenue Code relating to use of

proceeds? See Rev. Proc. 97–15, page 21.

26 CFR 1.144–2: Remedial actions.

What are the procedures under which an issuer

of state or local bonds may request a closing

agreement with respect to outstanding bonds (1) to

prevent the interest on those bonds from being

includible in gross income of bondholders or (2)

to prevent the interest on those bonds from being

treated as an item of tax preference for purposes

of the alternative minimum tax for bondholders, in

each case as a result of an action subsequent to

the issue date that causes those bonds to fail to

meet certain requirements of §§ 141 through 150

of the Internal Revenue Code relating to use of

proceeds? See Rev. Proc. 97–15, page 21.

Section 145.—Qualified 501(c)(3)

Bonds

What are the conditions under which a management contract does not result in private business

use under § 141(b) or § 145(a)(2)(B) of the

Internal Revenue Code? See Rev. Proc. 97–13,

page 18.

What are the conditions under which a research

agreement does not result in private business use

under § 141(b) or § 145(a)(2)(B) of the Internal

Revenue Code? See Rev. Proc. 97–14, page 20.

What are the procedures under which an issuer

of state or local bonds may request a closing

agreement with respect to outstanding bonds (1) to

prevent the interest on those bonds from being

includible in gross income of bondholders or (2)

to prevent the interest on those bonds from being

treated as an item of tax preference for purposes

of the alternative minimum tax for bondholders, in

each case as a result of an action subsequent to

the issue date that causes those bonds to fail to

meet certain requirements of §§ 141 through 150

of the Internal Revenue Code relating to use of

proceeds? See Rev. Proc. 97–15, page 21.

26 CFR 1.145–2: Application of private activity

bond regulations.

What are the conditions under which a management contract does not result in private business

use under § 141(b) or § 145(a)(2)(B) of the

Internal Revenue Code? See Rev. Proc. 97–13,

page 18.

What are the conditions under which a research

agreement does not result in private business use

under § 141(b) or § 145(a)(2)(B) of the Internal

Revenue Code? See Rev. Proc. 97–14, page 20.

What are the procedures under which an issuer

of state or local bonds may request a closing

agreement with respect to outstanding bonds (1) to

prevent the interest on those bonds from being

includible in gross income of bondholders or (2)

to prevent the interest on those bonds from being

treated as an item of tax preference for purposes

of the alternative minimum tax for bondholders, in

each case as a result of an action subsequent to

the issue date that causes those bonds to fail to

meet certain requirements of §§ 141 through 150

of the Internal Revenue Code relating to use of

proceeds? See Rev. Proc. 97–15, page 21.

Section 147.—Other Requirements

Applicable to Certain Private

Activity Bonds

What are the procedures which an issuer of

state or local bonds may request a closing agreement with respect to outstanding bonds (1) to

prevent the interest on those bonds from being

includible in gross income of bondholders or (2)

to prevent the interest on those bonds from being

treated as an item of tax preference for purposes

of the alternative minimum tax for bondholders, in

each case as a result of an action subsequent to

the issue date that causes those bonds to fail to

meet certain requirements of §§ 141 through 150

of the Internal Revenue Code relating to use of

proceeds? See Rev. Proc. 97–15, page 21.

26 CFR 1.147–2: Remedial actions.

What are the procedures under which an issuer

of state or local bonds may request a closing

agreement with respect to outstanding bonds (1) to

prevent the interest on those bonds from being

includible in gross income of bondholders or (2)

to prevent the interest on those bonds from being

treated as an item of tax preference for purposes

of the alternative minimum tax for bondholders, in

each case as a result of an action subsequent to

the issue date that causes those bonds to fail to

meet certain requirements of §§ 141 through 150

of the Internal Revenue Code relating to use of

proceeds? See Rev. Proc. 97–15, page 21.

Section 170.—Charitable, Etc.,

Contributions and Gifts

26 CFR 1.170A–1: Charitable, etc., contributions

and gifts; allowance of deduction.

T.D. 8690

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1 and 602

Deductibility, Substantiation, and

Disclosure of Certain Charitable

Contributions

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Final regulations.

SUMMARY: This document contains final regulations that provide guidance

regarding the allowance of certain charitable contribution deductions, the substantiation requirements for charitable

contributions of $250 or more, and the

disclosure requirements for quid pro quo

contributions in excess of $75. The

regulations will affect organizations described in section 170(c) and individuals

and entities that make payments to these

organizations.

EFFECTIVE DATE: These regulations

are effective December 16, 1996.

FOR FURTHER INFORMATION

CONTACT: Jefferson K. Fox of the

Office of Assistant Chief Counsel (Income Tax and Accounting) at 202–

622–4930 (not a toll-free call).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

The collection of information contained in these final regulations has been

reviewed and approved by the Office of

Management and Budget in accordance

with the requirements of the Paperwork

Reduction Act (44 U.S.C. 3507) under

control number 1545–1464. Responses

to this collection of information are

required for charitable contribution deductions under section 170.

An agency may not conduct or sponsor, and a person is not required to

respond to, a collection of information

unless the collection of information displays a valid control number.

The estimated annual burden per

recordkeeper varies from three minutes

to one hour, depending on individual

circumstances, with an estimated average of six minutes.

Comments concerning the accuracy of

this burden estimate and suggestions for

reducing this burden should be sent to

the Internal Revenue Service, Attn:

IRS Reports Clearance Officer, PC:FP,

Washington, DC 20224, and to the Office of Management and Budget, Attn:

Desk Officer for the Department of the

Treasury, Office of Information and

Regulatory Affairs, Washington, DC

20503.

Books or records relating to this collection of information must be retained

as long as their contents may be material in the administration of any internal

revenue law. Generally, tax returns and

tax return information are confidential,

as required by 26 U.S.C. 6103.

5

Background

This document contains amendments

to the Income Tax Regulations (26 CFR

part 1) that provide guidance relating to

(1) the substantiation rules for charitable

contributions under section 170(f)(8) of

the Internal Revenue Code of 1986

(Code), and (2) the disclosure requirements for quid pro quo contributions

under section 6115. Sections 170(f)(8)

and 6115 were added to the Code by

sections 13172 and 13173 of the Omnibus Budget Reconciliation Act of 1993,

Pub. L. No. 103–66, 107 Stat. 455,

1993–3 C.B. 43.

Temporary regulations (TD 8544) and

a notice of proposed rulemaking crossreferencing the temporary regulations

were published in the Federal Register

for May 27, 1994 (59 FR 27458,

27515). Those regulations primarily addressed substantiation of charitable contributions made by payroll deduction

and substantiation of payments to a

charitable organization in exchange for

goods or services of insubstantial value.

The notice of proposed rulemaking indicated that comments would be considered both on the issues addressed in the

temporary regulations, and on other issues arising under section 170(f)(8).

A notice of proposed rulemaking (IA–

44–94) addressing substantiation issues

under section 170(f)(8) other than contributions made by payroll deduction

was published in the Federal Register

for August 4, 1995 (60 FR 39896).

Included in these proposed regulations

were the provisions that had originally

appeared in the temporary regulations

published on May 27, 1994, relating to

the substantiation of payments to charitable organizations in exchange for

goods or services of insubstantial value.

In drafting these proposed regulations,

the IRS had the benefit of the comments

received in response to the notice of

proposed rulemaking published in the

Federal Register for May 27, 1994.

Many of the suggestions offered in the

comments were incorporated into the

proposed regulations.

Final regulations (TD 8623) relating

to the substantiation of charitable contributions made by payroll deduction were

published in the Federal Register for

October 12, 1995 (60 FR 53126). These

final regulations did not include the

provisions relating to the substantiation

of payments to charitable organizations

in exchange for goods or services with

insubstantial value that had appeared in

the temporary regulations published on

May 27, 1994 and were also included in

the proposed regulations published on

August 4, 1995. The temporary regulations published in the Federal Register

for May 27, 1994, were removed. For

the convenience of taxpayers, the final

regulations relating to the substantiation

of charitable contributions made by payroll deduction (§ 1.170A–13(f)(11) and

(12)) that were published in the Federal

Register for May 27, 1994, have been

reprinted with the final regulations

adopted by this Treasury Decision.

Comments were received in response

to the notice of proposed rulemaking

published on August 4, 1995, and a

public hearing was held on November 1,

1995. After consideration of those comments, together with the relevant comments received in response to the notice

of proposed rulemaking published on

May 27, 1994, the proposed regulations

under sections 170(f)(8) and 6115 are

adopted as revised by this Treasury

Decision.

Public Comments

Intent to Make a Charitable Contribution

Section 1.170A–1(h) of the final regulations incorporates the two-part test

adopted by the Supreme Court in United

States v. American Bar Endowment, 477

U.S. 105 (1986), for determining deductibility under section 170(a) of a

payment that is partly in consideration

for goods or services. A deduction is not

allowed for a payment to charity in

consideration for goods or services except to the extent the amount of the

payment exceeds the fair market value

of the goods or services. In addition, a

deduction is not allowed unless the

taxpayer intends to make a payment in

excess of the fair market value of the

goods or services.

Section 1.170A–13(f)(6) provides that

a charitable organization provides goods

or services ‘‘in consideration for’’ a

taxpayer’s payment if, at the time of

payment, the taxpayer receives or ‘‘expects to receive’’ goods or services in

exchange. One commenter stated that a

charitable organization has no way of

knowing what a taxpayer expects to

receive, and that the regulation requires

the charity to determine its donors’ states

of mind. The commenter suggested that

a payment be treated as made in consideration for goods or services ‘‘if the

donee organization expects to provide

and does provide services of which the

donor has been informed.’’ Another com-

menter questioned whether donor appreciation events, such as banquets honoring contributors, are held ‘‘in

consideration for’’ charitable contributions. The commenter also asked

whether invitations to occasional events

not disclosed to prospective donors until

after they make their contributions are

‘‘in exchange for’’ the contributions.

The regulations follow American Bar

Endowment by incorporating a standard

that is based on the facts and circumstances of each charitable contribution.

When a donor’s contribution is made in

response to an express promise of a

benefit, the donor generally will have an

expectation of a quid pro quo. A donor

may also have an expectation of a quid

pro quo when the donor makes a contribution with knowledge that the charitable

donee has conferred a benefit on other

donors making comparable contributions.

For example, if a charity has a history of

sponsoring a dinner-dance for donors

making substantial contributions, a donor

making a substantial contribution may

have an expectation of receiving an invitation to such an event. The expectation

of a quid pro quo may exist even though

the donor is not aware of the exact nature

of the quid pro quo (e.g., a donation to a

charity that sponsors a donor appreciation

event of a different type every year). This

standard for determining a donor’s expectation of a quid pro quo disallows deductions in situations where facts and circumstances indicate that the donor

expected, at the time of his or her

payment to charity, that there would be a

quid pro quo, even though there was no

explicit promise of one.

A commenter requested guidance on

the proper treatment of a payment in

consideration for a quid pro quo received

in a year after the year of payment.

Under section 1.170A–13(f)(6), goods or

services provided by donee organizations

in consideration for a donor’s payment

include goods or services provided in a

year other than the year of payment.

Accordingly, if a donor makes a payment

to a charitable organization in exchange

for goods or services, the donor’s deductible charitable contribution for the year

of payment is limited to the amount, if

any, by which the payment exceeds the

value of those goods or services, even if

they are not available to the donor until a

subsequent year.

Refusal of Benefits

Commenters asked for guidance on

the proper manner of substantiating a

6

contribution by a donor who refuses

benefits offered by a charitable organization. One commenter suggested that

the regulations indicate that when a

taxpayer receives a right to quid pro quo

benefits but does not use them, the

taxpayer is not necessarily allowed a

charitable contribution deduction in the

full amount of the quid pro quo payment. Another suggested that a taxpayer

wishing to deduct the full amount of a

quid pro quo payment could check a

box on a document to be sent to the

charity at the time of contribution to

show refusal of the benefit.

These comments are consistent with

IRS views. Rev. Rul. 67– 246, 1967–2

C.B. 104, provides guidance relating to

the refusal of benefits offered by a

charitable organization. The revenue ruling holds that a taxpayer choosing not

to use tickets that were made available

to him is not entitled to a greater

contribution than would otherwise be

allowed; i.e., the deduction is limited to

the amount paid in excess of the value

of the tickets received in exchange.

1967–2 C.B. 106. A deduction in the

full amount of a taxpayer’s payment

may be allowed, however, if the taxpayer properly rejects the right to the

tickets. Rev. Rul. 67–246 contains two

examples (Examples 3 and 7) illustrating ways that donors can effectively

reject benefits offered by charitable organizations. Example 7 illustrates that a

check-off box on a form provided by

the charity can be used to reject a ticket

at the time of contribution. A taxpayer

who has properly rejected a benefit

offered by a charitable organization may

claim a deduction in the full amount of

the payment to the charitable organization, and the contemporaneous written

acknowledgment need not reflect the

value of the rejected benefit.

Certain Goods or Services Disregarded

Goods or services with insubstantial

value

Under guidelines set forth in Rev.

Proc. 90–12, 1990–1 C.B. 471, and Rev.

Proc. 92–49, 1992–1 C.B. 987, certain

goods or services received in exchange

for a payment to a charity are treated as

having insubstantial value and can therefore be disregarded for the purpose of

determining the amount of a taxpayer’s

payment that is deductible as a charitable contribution. Under these guidelines, if a taxpayer makes a payment to

a charitable organization in the context

of a fundraising campaign, and receives

benefits with a fair market value of not

more than two percent of the amount of

the payment (up to a maximum of $67,

for 1996), the benefits received are

considered to have insubstantial value

for purposes of determining the amount

of the taxpayer’s contribution. (The $67

benefit limitation is adjusted annually

for inflation.)

Further, if a taxpayer makes a payment of $33.50 or more to a charity and

receives only token items in return, the

items are considered to have insubstantial value if they (1) bear the charity’s

name or logo, and (2) have an aggregate

cost to the charity of $6.70 or less. (The

$33.50 and $6.70 amounts apply to

payments made in 1996; these amounts

are adjusted annually for inflation.) In

addition, newsletters not of commercial

quality and low-cost items provided for

free without an advance order are considered to have insubstantial value.

Under section 1.170A–13(f)(8)(i)(A)

of the regulations, the same types of

goods and services disregarded under

the guidelines of Rev. Procs. 90–12 and

92–49 can be disregarded for purposes

of substantiation under section 170(f)(8).

One commenter asked whether the contemporaneous written acknowledgment

provided to a donor receiving goods or

services of insubstantial value should

indicate that no goods or services were

received. When a donee organization

provides a donor only with goods or

services having insubstantial value under

Rev. Procs. 90–12 and 92–49, the contemporaneous written acknowledgment

may indicate that no goods or services

were provided in exchange for the donor’s payment. See Example 2,

§ 1.170A–13(f)(8)(ii).

Another commenter stated that the

rules in Rev. Procs. 90–12 and 92–49

for goods or services of insubstantial

value are unduly restrictive and prevent

charitable organizations from recognizing longstanding, generous contributors

with suitable gifts of appreciation. Another argued that the costs of token

items received by a taxpayer during the

year from a charity should not be aggregated. Sections 1.170A–13(f)(8)(B) and

1.170A– 13(f)(9)(i) provide that certain

membership benefits provided in exchange for a payment of $75 or less

may be disregarded for purposes of

determining whether any quids pro quo

were provided to the donor. For purposes of sections 170(f)(8) and 6115,

these provisions supplement the categories of goods or services treated as

having insubstantial value under the

guidelines of Rev. Procs. 90–12 and

92–49. The IRS and Treasury believe

that application of the guidelines of Rev.

Procs. 90–12 and 92–49, together with

the membership benefit provisions in the

final regulations, strikes an appropriate

balance between administrative and

compliance concerns under sections

170(f)(8) and 6115. Accordingly, the

guidelines of Rev. Procs. 90–12 and

92–49 have not been modified.

Membership Benefits

The regulations provide limited relief

with respect to certain types of benefits

customarily provided to donors in exchange for membership payments. Two

types of membership benefits offered in

exchange for a payment of $75 or less

may be disregarded: (1) free admission

to members-only events with a perperson cost to the charity that is no

higher than the standard for low-cost

articles under section 513(h)(2)(C)

($6.70 for 1996); and (2) rights or

privileges that can be exercised frequently during the membership period

(other than rights or privileges described

in section 170(l), governing rights to

purchase tickets for college athletic

events).

Some commenters said that the term

frequently, when read in conjunction

with the examples, provided sufficient

clarity and appropriate flexibility. Other

commenters expressed concern about

use of the term frequently, stating that it

was vague and imprecise. For smaller

organizations, they argued, in determining whether a right of free admission to

a series of events can be frequently

exercised, consideration should be given

to the number of events held by the

organization each year. The IRS and

Treasury believe that a charity can make

a determination that a right or privilege

is frequently exercisable by reference to

the examples that were in the proposed

regulations and are adopted in the final

regulations.

A commenter suggested that the $75

payment amount in the special rules for

membership benefits should be indexed

for inflation. The IRS and Treasury

believe that it is important for the

membership payment amount to be a

number that can be easily remembered

by charities and donors. For this reason,

annual inflation adjustments are not advisable. However, the IRS and Treasury

will consider increases to this $75 figure

in the future.

7

A commenter asked whether the rule

that allows taxpayers to disregard certain membership benefits applies to discounts offered by a donee organization

for purchases from retailers working

with the charity to provide discounts to

members. These discounts are to be

treated like any other rights or privileges

and, therefore, may be disregarded for

purposes of section 170(f)(8) if they can

be exercised frequently during the membership period.

Goods or services provided to a donor’s employees

Prior to publication of the proposed

regulations, several commenters asked

for guidance on the proper method of

valuation of goods or services provided

by charitable organizations to employees

of donors. The final regulations follow

the proposed regulations and provide

that goods or services provided to a

donor’s employees can be disregarded if

they consist of the types of benefits that

could be disregarded when provided

directly to a donor (i.e., goods or services with insubstantial value and certain annual membership benefits). For

any other types of goods or services

provided to employees of a donor making a contribution of $250 or more, the

contemporaneous written acknowledgment must describe the goods or services, but need not include the donee

organization’s good faith estimate of

their fair market value.

A commenter stated that the special

rule for goods or services provided to

employees of a donor should also be

available for partners in a partnership. In

the final regulations, the exception for

goods or services provided to a donor’s

employees has been modified to include

partners in a donor-partnership.

A commenter was concerned about

charities that receive funds from a private foundation established by a business entity. The commenter suggested

that such charities should be permitted

to provide benefits to employees of the

business entity without any tax consequences. Because this suggestion raises

issues beyond the scope of this regulation (including issues relating to the

self-dealing rules under section 4941),

this suggestion was not adopted.

A commenter stated that when employees receive benefits as a result of an

employer’s charitable contribution, it

would be easier for the charity (rather

than the employer) to estimate the fair

market value of the benefits. Another

commenter stated that when employees

receive benefits that cannot be disre-

garded under section 170, the employer/

donor is likely to deduct the value of

those benefits as a business expense

under section 162. Because employers

may claim the full amount of their

payments to charity—including the

value of the benefits—as a deduction,

the commenter suggested that employers

should be relieved of the burden of

valuing such benefits, and that the full

amount of such payments should be

deductible under section 170.

The IRS and Treasury recognize that

in cases where employee benefits cannot

be disregarded for purposes of section

170, employers may nevertheless seek to

deduct their costs pursuant to section

162. For deductions under section 170,

however, United States v. American Bar

Endowment, supra, limits the allowable

deduction to the amount of the employer’s payment in excess of the value of

employee benefits. Accordingly, if the

employee benefits cannot be disregarded, their value must be subtracted

from the amount of the employer’s

payment to determine the correct

amount of the charitable contribution

deduction. Although valuation may be

difficult, the IRS and Treasury continue

to believe that the employer is in a

better position than the charity to be

responsible for valuation of benefits provided to employees.

Payments for the right to purchase

tickets to college athletic events

A commenter asked for clarification

regarding the applicability of the substantiation requirements to payments for

the right to purchase tickets to college

athletic events. Section 170(l) provides

that payments to colleges or universities

for the right to purchase tickets to

athletic events are partially (eighty percent) deductible as charitable contributions. The final regulations have been

modified to clarify how sections

170(f)(8) and 6115 apply to payments

described in section 170(l).

For purposes of section 170(f)(8),

twenty percent of the amount paid for

the right to purchase tickets for seating

at college or university athletic events is

treated as the fair market value of such

right. When the total payment for the

right to purchase tickets to college athletic events is $312.50 or more, the

portion of the payment treated as a

charitable contribution will be $250 or

more, and substantiation will be required

under section 170(f)(8). For purposes of

section 6115, twenty percent of the

amount paid for the right to purchase

tickets for seating at college or univer-

sity athletic events is treated as a good

faith estimate of the fair market value of

this right.

Rules Applicable to Corporations

Several commenters suggested that

subchapter C corporations (C corporations) should be relieved of the substantiation requirements. Some indicated that

C corporations should be exempt; others

argued for a de minimis exception for C

corporations making substantial contributions. Under a de minimis exception,

deductions for all of a C corporation’s

charitable contributions would be allowed if the corporation had contemporaneous written acknowledgments substantiating most, or substantially all, of

its contributions. These commenters

stated that the substantiation requirements were enacted to deter individuals—not businesses—that had claimed

charitable contribution deductions for

the full amounts of their payments to

charitable organizations, even though

they had received quids pro quo in

exchange. They suggested that the IRS

exercise the authority provided in section 170(f)(8)(E) and make the substantiation requirements inapplicable to C

corporations. The final regulations do

not adopt these suggestions. The IRS

and Treasury believe that exempting C

corporations from the substantiation requirements could, in fact, encourage

abuses and would therefore conflict with

the purpose of section 170(f)(8).

Meaning of Contemporaneous

A commenter asked whether a taxpayer may file an amended income tax

return to claim a charitable contribution

deduction if the taxpayer obtained the

contemporaneous written acknowledgment for the contribution after timely

filing the original return. Section

170(f)(8)(C) provides that a written acknowledgment is contemporaneous if

obtained on or before the earlier of (1)

the date that the taxpayer files the return

for the year in which the contribution

was made, or (2) the due date (including

extensions) for filing the return for that

taxable year. A written acknowledgment

obtained after a taxpayer files the original return for the year of the contribution is not contemporaneous within the

meaning of the statute.

Substantiation of Multiple Contributions

Several commenters asked whether

the substantiation requirements apply to

multiple contributions totaling $250 or

8

more made to a single charity during a

single year, when each contribution is

less than $250. The conference report

accompanying the Omnibus Budget

Reconciliation Act of 1993 indicates that

separate payments will be treated as

separate contributions and will not be

aggregated for purposes of applying the

$250 threshold. H.R. Conf. Rep. No.

213, 103d Cong., 1st Sess. 565, n. 29

(1993). If there is no separate payment

of $250 or more, substantiation under

section 170(f)(8) is not required, even if

the sum of the separate payments is

$250 or more. Section 1.170A–13(f)(1)

has been modified to clarify this. A

commenter asked whether there must be

a separate contemporaneous written acknowledgment for each contribution of

$250 or more. Section 1.170A–13(f)(1)

has been modified to clarify that for

multiple contributions of $250 or more

to one charity, one acknowledgment that

reflects the total amount of the taxpayer’s contributions to the charity for the

year is sufficient.

Form of Substantiation

Commenters asked whether a contemporaneous written acknowledgment must

be in any particular format. As long as it

is in writing and contains the information required by law, a contemporaneous

written acknowledgment may be in any

format. One commenter suggested that

the regulations should allow charities to

report charitable contributions directly to

the IRS on Form 990 or 990–PF. Section 170(f)(8) authorizes the Secretary to

prescribe regulations allowing donee organizations to satisfy the requirements

of section 170(f)(8) by filing a return

that includes the information described

in section 170(f)(8)(B). The IRS and

Treasury have decided not to implement

this suggestion at this time. However, in

an effort to reduce paperwork and taxpayer burdens, the IRS will examine

whether any existing IRS forms can be

modified to assist in their use in substantiating charitable contributions.

A commenter asked for guidance on

the proper method of substantiating payments by corporations that agree to

match employee contributions to charity.

When an employee makes a charitable

contribution that is eligible for a corporate matching payment, some charities

routinely send the participating corporation a letter, notifying the corporation of

the employee’s gift and thanking it in

advance for the matching payment the

charity expects to receive. Commenters

suggested that this letter be treated as

meeting the corporation’s requirements

under section 170(f)(8). This suggestion

has not been adopted, because letters

sent in advance of a contribution do not

substantiate the contribution. The acknowledgment under section 170(f)(8)

must include information about what has

been ‘‘contributed.’’ The acknowledgment cannot be completed until after the

charitable contribution has been made.

(See section 1.170A–1(b), which states

that ordinarily a contribution is made at

the time delivery is effected.)

Out-of-Pocket Expenses

The proposed regulations allowed volunteers who incurred unreimbursed outof-pocket expenses while performing

services for a charity to substantiate

their contributions with a statement that

described the services and the date they

were performed. The acknowledgment

was not required to list the amount of

the unreimbursed expense. Several commenters suggested an exemption from

the substantiation requirements for

unreimbursed out-of-pocket expenses incurred incident to the rendition of services to a donee organization. Exemption is appropriate, they argued, because

the requirements are burdensome, particularly since a donee organization is

often unaware of the amount and nature

of expenses incurred by volunteers performing services on behalf of the charity, or the exact dates on which the

volunteer services were performed. The

final regulations eliminate the requirement that the contemporaneous written

acknowledgment include the date on

which services were performed for the

charity. However, to carry out the purposes of the statute, volunteers claiming

a charitable contribution deduction for

an unreimbursed expense of $250 or

more are still required to obtain substantiation confirming the type of services

they performed for the charity.

Good Faith Estimate

Section 170(f)(8) requires a written

acknowledgment furnished by a charity

to a donor to include a good faith

estimate of the value of any goods or

services provided to the donor. Section

6115(a)(2) similarly requires a written

disclosure statement provided to a donor

making a quid pro quo contribution of

more than $75 to include a good faith

estimate of the value of goods or services provided to the donor. The regulations define a good faith estimate as an

estimate of the fair market value of the

goods or services. A taxpayer can generally rely on the good faith estimate

provided by a charity.

A commenter stated that the regulations should contain an example illustrating how charities can compute the

fair market value of goods or services.

We have not adopted this suggestion.

There is no single correct way to determine fair market value; a charitable

organization may use any reasonable

methodology (e.g., comparison with

comparable retail prices, mark-up from

wholesale cost) to determine the fair

market value. Examples 1 and 2 of

section 1.6115–1(a)(3) illustrate this

rule.

A commenter recommended that the

regulations state that a donor does not

have to use the good faith estimate

provided by a charitable organization if

the donor believes another estimate is

more accurate. The regulations do not

mandate that a donor use the estimate

provided by a donee organization in

calculating the deductible amount. Indeed, when a taxpayer knows or has

reason to know that an estimate is

inaccurate, the taxpayer may not treat

the donee organization’s estimate as the

fair market value.

A commenter suggested that the regulations indicate that recognition items,

such as plaques or trophies with an

honoree’s name inscribed, should be

considered to have little, if any, fair

market value. This suggestion has not

been adopted. Inscribed plaques and

trophies may have some value, even

though the value may be less than cost.

In addition, see § 1.170A–13(f)(8)(i)(A)

regarding goods or services with insubstantial value.

Another commenter asked whether

the listing of a donor’s name in a

program at a charity-sponsored event

has a substantial value. An acknowledgment in such a program, which identifies— rather than promotes—a donor, is

an inconsequential benefit with no significant value. See Rev. Rul. 68–432,

1968–2 C.B. 104, 105, holding that

‘‘[s]uch privileges as being associated

with or being known as a benefactor of

the [charitable] organization are not significant return benefits that have monetary value.’’

Contributions to a Split-Interest Trust

Section 1.170A–13(f)(13) of the proposed regulations provides that section

170(f)(8) does not apply to a transfer of

9

property to a charitable remainder

unitrust (as defined in section

664(d)(2)). A commenter observed that

there are two other types of unitrusts in

addition to the type described in section

664(d)(2), and that these unitrusts

should be treated similarly. The final

regulations have been modified to provide that the substantiation requirements

of section 170(f)(8) do not apply to

transfers to unitrusts described in section

664(d)(3) or section 1.664–3(a)(1)(i)(b),

as well as to unitrusts described in

section 664(d)(2).

Section 1.170A–13(f)(13) of the proposed regulations provides that section

170(f)(8) applies to a transfer to a

pooled income fund. Commenters requested further guidance on the proper

way to substantiate contributions to

pooled income funds. The final regulations have been modified to require, in

the case of a transfer of cash or other

property to a pooled income fund, that

the written acknowledgment of the

charitable organization maintaining the

fund include a statement that the cash or

other property was transferred to the

organization’s pooled income fund and

state whether any goods or services, in

addition to the income interest in the

fund, were provided to the transferor.

The contemporaneous written acknowledgment need not include an estimate of

the value of the income interest in the

pooled income fund. The final regulations also provide guidance on the

proper method of substantiating a deduction claimed by a taxpayer who has

purchased an annuity from a charitable

organization.

Special Analyses

It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive

Order 12866. Therefore, a cost-benefit

analysis is not required. It also has been

determined that section 553(b) of the

Administrative Procedure Act (5 U.S.C.

chapter 5) does not apply to these

regulations, and because the notice of

proposed rulemaking preceding the

regulations was issued prior to March

29, 1996, the Regulatory Flexibility Act

(5 U.S.C. chapter 6) does not apply. See

5 U.S.C. section 601, Pub. L. No.

104–121 section 245. Pursuant to section 7805(f) of the Internal Revenue

Code, the notice of proposed rulemaking

preceding these regulations was submitted to the Chief Counsel for Advocacy

of the Small Business Administration for

comment on the impact of the proposed

regulations on small businesses.

Drafting Information

The principal author of these regulations is Jefferson K. Fox, Office of the

Assistant Chief Counsel (Income Tax

and Accounting), Internal Revenue Service. However, other personnel from the

IRS and the Treasury Department participated in their development.

*

*

*

*

*

26 CFR Part 602

Reporting and recordkeeping requirements.

Adoption of Amendments to the Regulations

Accordingly, 26 CFR parts 1 and 602

are amended as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation for

part 1 is amended by adding a new

entry in numerical order for Section

1.170A–1 and revising the entry for

Section 1.170A–13 to read as follows:

Authority: 26 U.S.C. 7805

Section 1.170A–1 also issued under 26

U.S.C. 170(a).

Section 1.170A–13 also issued under 26

U.S.C. 170(f)(8). * * *

Par. 2. Section 1.170A–1 is amended

as follows:

1. Paragraph (h) is redesignated as

paragraph (j).

2. Paragraph (i) is redesignated as

paragraph (k) and is revised.

3. Paragraph (h) is added.

4. Paragraph (i) is added and reserved.

The additions and revisions read as

follows:

§ 1.170A–1 Charitable, etc., contributions and gifts; allowance of deduction.

*

*

*

*

*

(h) Payment in exchange for consideration—(1) Burden on taxpayer to

show that all or part of payment is a

charitable contribution or gift. No part

of a payment that a taxpayer makes to

or for the use of an organization described in section 170(c) that is in

consideration for (as defined in

§ 1.170A–13(f)(6)) goods or services

(as defined in § 1.170A–13(f)(5)) is a

contribution or gift within the meaning

of section 170(c) unless the taxpayer—

(i) Intends to make a payment in an

amount that exceeds the fair market

value of the goods or services; and

(ii) Makes a payment in an amount

that exceeds the fair market value of the

goods or services.

(2) Limitation on amount deductible—(i) In general. The charitable contribution deduction under section 170(a)

for a payment a taxpayer makes partly

in consideration for goods or services

may not exceed the excess of—

(A) The amount of any cash paid and

the fair market value of any property

(other than cash) transferred by the

taxpayer to an organization described in

section 170(c); over

(B) The fair market value of the

goods or services the organization provides in return.

(ii) Special rules. For special limits

on the deduction for charitable contributions of ordinary income and capital

gain property, see section 170(e) and

§§ 1.170A–4 and 1.170A–4A.

(3) Certain goods or services disregarded. For purposes of section 170(a)

and paragraphs (h)(1) and (h)(2) of this

section, goods or services described in

§ 1.170A–13(f)(8)(i) or § 1.170A–

13(f)(9)(i) are disregarded.

(4) Donee estimates of the value of

goods or services may be treated as fair

market value—(i) In general. For purposes of section 170(a), a taxpayer may

rely on either a contemporaneous written acknowledgment provided under

section 170(f)(8) and § 1.170A–13(f) or

a written disclosure statement provided

under section 6115 for the fair market

value of any goods or services provided

to the taxpayer by the donee organization.

(ii) Exception. A taxpayer may not

treat an estimate of the value of goods

or services as their fair market value if

the taxpayer knows, or has reason to

know, that such treatment is unreasonable. For example, if a taxpayer knows,

or has reason to know, that there is an

error in an estimate provided by an

organization described in section 170(c)

pertaining to goods or services that have

a readily ascertainable value, it is unreasonable for the taxpayer to treat the

estimate as the fair market value of the

goods or services. Similarly, if a taxpayer is a dealer in the type of goods or

services provided in consideration for

the taxpayer’s payment and knows, or

has reason to know, that the estimate is

in error, it is unreasonable for the

taxpayer to treat the estimate as the fair

market value of the goods or services.

10

(5) Examples. The following examples illustrate the rules of this paragraph (h).

Example 1. Certain goods or services disregarded. Taxpayer makes a $50 payment to Charity

B, an organization described in section 170(c), in

exchange for a family membership. The family

membership entitles Taxpayer and members of

Taxpayer’s family to certain benefits. These benefits include free admission to weekly poetry

readings, discounts on merchandise sold by B in

its gift shop or by mail order, and invitations to

special events for members only, such as lectures

or informal receptions. When B first offers its

membership package for the year, B reasonably

projects that each special event for members will

have a cost to B, excluding any allocable overhead, of $5 or less per person attending the event.

Because the family membership benefits are disregarded pursuant to § 1.170A–13(f)(8)(i), Taxpayer

may treat the $50 payment as a contribution or

gift within the meaning of section 170(c), regardless of Taxpayer’s intent and whether or not the

payment exceeds the fair market value of the

goods or services. Furthermore, any charitable

contribution deduction available to Taxpayer may

be calculated without regard to the membership

benefits.

Example 2. Treatment of good faith estimate at

auction as the fair market value. Taxpayer attends

an auction held by Charity C, an organization

described in section 170(c). Prior to the auction, C

publishes a catalog that meets the requirements for

a written disclosure statement under section

6115(a) (including C’s good faith estimate of the

value of items that will be available for bidding).

A representative of C gives a copy of the catalog

to each individual (including Taxpayer) who attends the auction. Taxpayer notes that in the

catalog C’s estimate of the value of a vase is

$100. Taxpayer has no reason to doubt the accuracy of this estimate. Taxpayer successfully bids

and pays $500 for the vase. Because Taxpayer

knew, prior to making her payment, that the

estimate in the catalog was less than the amount

of her payment, Taxpayer satisfies the requirement

of paragraph (h)(1)(i) of this section. Because

Taxpayer makes a payment in an amount that

exceeds that estimate, Taxpayer satisfies the requirements of paragraph (h)(1)(ii) of this section.

Taxpayer may treat C’s estimate of the value of

the vase as its fair market value in determining the

amount of her charitable contribution deduction.

Example 3. Good faith estimate not in error.

Taxpayer makes a $200 payment to Charity D, an

organization described in section 170(c). In return

for Taxpayer’s payment, D gives Taxpayer a book

that Taxpayer could buy at retail prices typically

ranging from $18 to $25. D provides Taxpayer

with a good faith estimate, in a written disclosure

statement under section 6115(a), of $20 for the

value of the book. Because the estimate is within

the range of typical retail prices for the book, the

estimate contained in the written disclosure statement is not in error. Although Taxpayer knows

that the book is sold for as much as $25, Taxpayer

may treat the estimate of $20 as the fair market

value of the book in determining the amount of

his charitable contribution deduction.

(i) [Reserved]

*

*

*

*

*

(k) Effective date. In general this section applies to contributions made in

taxable years beginning after December

31, 1969. Paragraph (j)(11) of this sec-

tion, however, applies only to out-ofpocket expenditures made in taxable

years beginning after December 31,

1976. In addition, paragraph (h) of this

section applies only to payments made

on or after December 16, 1996. However, taxpayers may rely on the rules of

paragraph (h) of this section for payments made on or after January 1, 1994.

Par. 3. Section 1.170A–13 is

amended by revising paragraph (f) to

read as follows:

§ 1.170A–13 Recordkeeping and return

requirements for deductions for charitable contributions.

*

*

*

*

*

(f) Substantiation of charitable contributions of $250 or more—(1) In general. No deduction is allowed under

section 170(a) for all or part of any

contribution of $250 or more unless the

taxpayer substantiates the contribution

with a contemporaneous written acknowledgment from the donee organization. A taxpayer who makes more than

one contribution of $250 or more to a

donee organization in a taxable year

may substantiate the contributions with

one or more contemporaneous written

acknowledgments. Section 170(f)(8)

does not apply to a payment of $250 or

more if the amount contributed (as determined under § 1.170A–1(h)) is less

than $250. Separate contributions of less

than $250 are not subject to the requirements of section 170(f)(8), regardless of

whether the sum of the contributions

made by a taxpayer to a donee organization during a taxable year equals $250

or more.

(2) Written acknowledgment. Except

as otherwise provided in paragraphs

(f)(8) through (f)(11) and (f)(13) of this

section, a written acknowledgment from

a donee organization must provide the

following information—

(i) The amount of any cash the taxpayer paid and a description (but not

necessarily the value) of any property

other than cash the taxpayer transferred

to the donee organization;

(ii) A statement of whether or not the

donee organization provides any goods

or services in consideration, in whole or

in part, for any of the cash or other

property transferred to the donee organization;

(iii) If the donee organization provides any goods or services other than

intangible religious benefits (as described in section 170(f)(8)), a description and good faith estimate of the value

of those goods or services; and

(iv) If the donee organization provides any intangible religious benefits, a

statement to that effect.

(3) Contemporaneous. A written acknowledgment is contemporaneous if it

is obtained by the taxpayer on or before

the earlier of—

(i) The date the taxpayer files the

original return for the taxable year in

which the contribution was made; or

(ii) The due date (including extensions) for filing the taxpayer’s original

return for that year.

(4) Donee organization. For purposes

of this paragraph (f), a donee organization is an organization described in

section 170(c).

(5) Goods or services. Goods or services means cash, property, services,

benefits, and privileges.

(6) In consideration for. A donee organization provides goods or services in

consideration for a taxpayer’s payment

if, at the time the taxpayer makes the

payment to the donee organization, the

taxpayer receives or expects to receive

goods or services in exchange for that

payment. Goods or services a donee

organization provides in consideration

for a payment by a taxpayer include

goods or services provided in a year

other than the year in which the taxpayer makes the payment to the donee

organization.

(7) Good faith estimate. For purposes

of this section, good faith estimate

means a donee organization’s estimate

of the fair market value of any goods or

services, without regard to the manner

in which the organization in fact made

that estimate. See § 1.170A–1(h)(4) for

rules regarding when a taxpayer may

treat a donee organization’s estimate of

the value of goods or services as the fair

market value.

(8) Certain goods or services disregarded—(i) In general. For purposes of

section 170(f)(8), the following goods or

services are disregarded—

(A) Goods or services that have insubstantial value under the guidelines

provided in Revenue Procedures 90–12,

1990–1 C.B. 471, 92–49, 1992–1 C.B.

987, and any successor documents. (See

§ 601.601(d)(2)(ii) of the Statement of

Procedural Rules, 26 CFR part 601.);

and

(B) Annual membership benefits offered to a taxpayer in exchange for a

payment of $75 or less per year that

consist of—

(1) Any rights or privileges, other

than those described in section 170(l),

that the taxpayer can exercise frequently

11

during the membership period. Examples of such rights and privileges

may include, but are not limited to, free

or discounted admission to the organization’s facilities or events, free or discounted parking, preferred access to

goods or services, and discounts on the

purchase of goods or services; and

(2) Admission to events during the

membership period that are open only to

members of a donee organization and

for which the donee organization reasonably projects that the cost per person

(excluding any allocable overhead) attending each such event is within the

limits established for ‘‘low cost articles’’

under section 513(h)(2). The projected

cost to the donee organization is determined at the time the organization first

offers its membership package for the

year (using section 3.07 of Revenue

Procedure 90–12, or any successor

documents, to determine the cost of any

items or services that are donated).

(ii) Examples. The following examples illustrate the rules of this paragraph (f)(8).

Example 1. Membership benefits disregarded.

Performing Arts Center E is an organization

described in section 170(c). In return for a payment of $75, E offers a package of basic membership benefits that includes the right to purchase

tickets to performances one week before they go

on sale to the general public, free parking in E’s

garage during evening and weekend performances,

and a 10% discount on merchandise sold in E’s

gift shop. In return for a payment of $150, E

offers a package of preferred membership benefits

that includes all of the benefits in the $75 package

as well as a poster that is sold in E’s gift shop for

$20. The basic membership and the preferred

membership are each valid for twelve months, and

there are approximately 50 performances of various productions at E during a twelve-month

period. E’s gift shop is open for several hours

each week and at performance times. F, a patron

of the arts, is solicited by E to make a contribution. E offers F the preferred membership benefits

in return for a payment of $150 or more. F makes

a payment of $300 to E. F can satisfy the

substantiation requirement of section 170(f)(8) by

obtaining a contemporaneous written acknowledgment from E that includes a description of the

poster and a good faith estimate of its fair market

value ($20) and disregards the remaining membership benefits.

Example 2. Contemporaneous written acknowledgment need not mention rights or privileges that

can be disregarded. The facts are the same as in

Example 1, except that F made a payment of $300

and received only a basic membership. F can

satisfy the section 170(f)(8) substantiation requirement with a contemporaneous written acknowledgment stating that no goods or services were

provided.

Example 3. Rights or privileges that cannot be

exercised frequently. Community Theater Group G

is an organization described in section 170(c).

Every summer, G performs four different plays.

Each play is performed two times. In return for a

membership fee of $60, G offers its members free

admission to any of its performances. Non-

members may purchase tickets on a performance

by performance basis for $15 a ticket. H, an

individual who is a sponsor of the theater, is

solicited by G to make a contribution. G tells H

that the membership benefit will be provided in

return for any payment of $60 or more. H chooses

to make a payment of $350 to G and receives in

return the membership benefit. G’s membership

benefit of free admission is not described in

paragraph (f)(8)(i)(B) of this section because it is

not a privilege that can be exercised frequently

(due to the limited number of performances offered by G). Therefore, to meet the requirements

of section 170(f)(8), a contemporaneous written

acknowledgment of H’s $350 payment must include a description of the free admission benefit

and a good faith estimate of its value.

Example 4. Multiple memberships. In December

of each year, K, an individual, gives each of her

six grandchildren a junior membership in Dinosaur

Museum, an organization described in section

170(c). Each junior membership costs $50, and K

makes a single payment of $300 for all six

memberships. A junior member is entitled to free

admission to the museum and to weekly films,

slide shows, and lectures about dinosaurs. In

addition, each junior member receives a bimonthly, non-commercial quality newsletter with

information about dinosaurs and upcoming events.

K’s contemporaneous written acknowledgment

from Dinosaur Museum may state that no goods

or services were provided in exchange for K’s

payment.

(9) Goods or services provided to

employees or partners of donors—(i)

Certain goods or services disregarded.

For purposes of section 170(f)(8), goods

or services provided by a donee organization to employees of a donor, or to

partners of a partnership that is a donor,

in return for a payment to the organization may be disregarded to the extent

that the goods or services provided to

each employee or partner are the same

as those described in paragraph (f)(8)(i)

of this section.

(ii) No good faith estimate required

for other goods or services. If a taxpayer makes a contribution of $250 or

more to a donee organization and, in

return, the donee organization offers the

taxpayer’s employees or partners goods

or services other than those described in

paragraph (f)(9)(i) of this section, the

contemporaneous written acknowledgment of the taxpayer’s contribution is

not required to include a good faith

estimate of the value of such goods or

services but must include a description

of those goods or services.

(iii) Example. The following example

illustrates the rules of this paragraph

(f)(9).

Example. Museum J is an organization described in section 170(c). For a payment of $40, J

offers a package of basic membership benefits that

includes free admission and a 10% discount on

merchandise sold in J’s gift shop. J’s other

membership categories are for supporters who

contribute $100 or more. Corporation K makes a

payment of $50,000 to J and, in return, J offers

K’s employees free admission for one year, a

tee-shirt with J’s logo that costs J $4.50, and a gift

shop discount of 25% for one year. The free

admission for K’s employees is the same as the

benefit made available to holders of the $40

membership and is otherwise described in paragraph (f)(8)(i)(B) of this section. The tee-shirt

given to each of K’s employees is described in

paragraph (f)(8)(i)(A) of this section. Therefore,

the contemporaneous written acknowledgment of

K’s payment is not required to include a description or good faith estimate of the value of the free

admission or the tee-shirts. However, because the

gift shop discount offered to K’s employees is

different than that offered to those who purchase

the $40 membership, the discount is not described

in paragraph (f)(8)(i) of this section. Therefore, the

contemporaneous written acknowledgment of K’s

payment is required to include a description of the

25% discount offered to K’s employees.

(10) Substantiation of out-of-pocket

expenses. A taxpayer who incurs

unreimbursed expenditures incident to

the rendition of services, within the

meaning of § 1.170A–1(g), is treated as

having obtained a contemporaneous

written acknowledgment of those expenditures if the taxpayer—

(i) Has adequate records under paragraph (a) of this section to substantiate

the amount of the expenditures; and

(ii) Obtains by the date prescribed in

paragraph (f)(3) of this section a statement prepared by the donee organization

containing—

(A) A description of the services provided by the taxpayer;

(B) A statement of whether or not the

donee organization provides any goods

or services in consideration, in whole or

in part, for the unreimbursed expenditures; and

(C) The information required by

paragraphs (f)(2)(iii) and (iv) of this

section.

(11) Contributions made by payroll

deduction— (i) Form of substantiation.

A contribution made by means of withholding from a taxpayer’s wages and

payment by the taxpayer’s employer to

a donee organization may be substantiated, for purposes of section 170(f)(8),

by both—

(A) A pay stub, Form W–2, or other

document furnished by the employer

that sets forth the amount withheld by

the employer for the purpose of payment to a donee organization; and

(B) A pledge card or other document

prepared by or at the direction of the

donee organization that includes a statement to the effect that the organization

does not provide goods or services in

whole or partial consideration for any

contributions made to the organization

by payroll deduction.

12

(ii) Application of $250 threshold.

For the purpose of applying the $250

threshold

provided

in

section

170(f)(8)(A) to contributions made by

the means described in paragraph

(f)(11)(i) of this section, the amount

withheld from each payment of wages

to a taxpayer is treated as a separate

contribution.

(12) Distributing organizations as donees. An organization described in section 170(c), or an organization described

in 5 CFR 950.105 (a Principal Combined Fund Organization for purposes of

the Combined Federal Campaign) and

acting in that capacity, that receives a

payment made as a contribution is

treated as a donee organization solely

for purposes of section 170(f)(8), even if

the organization (pursuant to the donor’s

instructions or otherwise) distributes the

amount received to one or more organizations described in section 170(c). This

paragraph (f)(12) does not apply, however, to a case in which the distributee

organization provides goods or services

as part of a transaction structured with a

view to avoid taking the goods or

services into account in determining the

amount of the deduction to which the

donor is entitled under section 170.

(13) Transfers to certain trusts. Section 170(f)(8) does not apply to a transfer of property to a trust described in

section 170(f)(2)(B), a charitable remainder annuity trust (as defined in

section 664(d)(1)), or a charitable remainder unitrust (as defined in section

664(d)(2) or (d)(3) or § 1.664–

(3)(a)(1)(i)(b)). Section 170(f)(8) does

apply, however, to a transfer to a pooled

income fund (as defined in section

642(c)(5)); for such a transfer, the contemporaneous written acknowledgment

must state that the contribution was

transferred to the donee organization’s

pooled income fund and indicate

whether any goods or services (in addition to an income interest in the fund)

were provided in exchange for the transfer. The contemporaneous written acknowledgment is not required to include

a good faith estimate of the income

interest.

(14) Substantiation of payments to a

college or university for the right to

purchase tickets to athletic events. For

purposes of paragraph (f)(2)(iii) of this

section, the right to purchase tickets for

seating at an athletic event in exchange

for a payment described in section

170(l) is treated as having a value equal

to twenty percent of such payment. For

example, when a taxpayer makes a

payment of $312.50 for the right to

purchase tickets for seating at an athletic

event, the right to purchase tickets is

treated as having a value of $62.50. The

remaining $250 is treated as a charitable

contribution, which the taxpayer must

substantiate in accordance with the requirements of this section.

(15) Substantiation of charitable contributions made by a partnership or an

S corporation. If a partnership or an S

corporation makes a charitable contribution of $250 or more, the partnership or

S corporation will be treated as the

taxpayer for purposes of section

170(f)(8). Therefore, the partnership or

S corporation must substantiate the contribution with a contemporaneous written acknowledgment from the donee

organization before reporting the contribution on its income tax return for the

year in which the contribution was made

and must maintain the contemporaneous

written acknowledgment in its records.

A partner of a partnership or a shareholder of an S corporation is not required to obtain any additional substantiation for his or her share of the

partnership’s or S corporation’s charitable contribution.

(16) Purchase of an annuity. If a

taxpayer purchases an annuity from a

charitable organization and claims a

charitable contribution deduction of

$250 or more for the excess of the

amount paid over the value of the

annuity, the contemporaneous written

acknowledgment must state whether any

goods or services in addition to the

annuity were provided to the taxpayer.

The contemporaneous written acknowledgment is not required to include a

good faith estimate of the value of the

annuity. See § 1.170A–1(d)(2) for guidance in determining the value of the

annuity.

(17) Substantiation of matched payments—(i) In general. For purposes of

section 170, if a taxpayer’s payment to a

donee organization is matched, in whole

or in part, by another payor, and the

taxpayer receives goods or services in

consideration for its payment and some

or all of the matching payment, those

goods or services will be treated as

provided in consideration for the taxpayer’s payment and not in consideration

for the matching payment.

(ii) Example. The following example

illustrates the rules of this paragraph

(f)(17).

Example. Taxpayer makes a $400 payment to

Charity L, a donee organization. Pursuant to a

matching payment plan, Taxpayer’s employer

matches Taxpayer’s $400 payment with an additional payment of $400. In consideration for the

combined payments of $800, L gives Taxpayer an

item that it estimates has a fair market value of

$100. L does not give the employer any goods or

services in consideration for its contribution. The

contemporaneous written acknowledgment provided to the employer must include a statement

that no goods or services were provided in

consideration for the employer’s $400 payment.

The contemporaneous written acknowledgment

provided to Taxpayer must include a statement of

the amount of Taxpayer’s payment, a description

of the item received by Taxpayer, and a statement

that L’s good faith estimate of the value of the

item received by Taxpayer is $100.

(18) Effective date. This paragraph (f)

applies to contributions made on or after

December 16, 1996. However, taxpayers

may rely on the rules of this paragraph

(f) for contributions made on or after

January 1, 1994.

Par. 4. Section 1.6115–1 is added

under the undesignated centerheading

Miscellaneous Provisions to read as follows:

§ 1.6115–1 Disclosure requirements for

quid pro quo contributions.

(a) Good faith estimate defined—(1)

In general. A good faith estimate of the

value of goods or services provided by

an organization described in section

170(c) in consideration for a taxpayer’s

payment to that organization is an estimate of the fair market value, within the

meaning of § 1.170A–1(c)(2), of the

goods or services. The organization may

use any reasonable methodology in

making a good faith estimate, provided

it applies the methodology in good faith.

If the organization fails to apply the

methodology in good faith, the organization will be treated as not having met

the requirements of section 6115. See

section 6714 for the penalties that apply

for failure to meet the requirements of

section 6115.

(2) Good faith estimate for goods or

services that are not commercially available. A good faith estimate of the value

of goods or services that are not generally available in a commercial transaction may be determined by reference to

the fair market value of similar or

comparable goods or services. Goods or

services may be similar or comparable

even though they do not have the

unique qualities of the goods or services

that are being valued.

(3) Examples. The following examples illustrate the rules of this paragraph (a).

Example 1. Facility not available on a commercial basis. Museum M, an organization described

in section 170(c), is located in Community N. In

return for a payment of $50,000 or more, M

13

allows a donor to hold a private event in a room

located in M. Private events other than those held

by such donors are not permitted to be held in M.

In Community N, there are four hotels, O, P, Q,

and R, that have ballrooms with the same capacity

as the room in M. Of these hotels, only O and P

have ballrooms that offer amenities and atmosphere that are similar to the amenities and

atmosphere of the room in M (although O and P

lack the unique collection of art that is displayed

in the room in M). Because the capacity, amenities, and atmosphere of ballrooms in O and P are

comparable to the capacity, amenities, and atmosphere of the room in M, a good faith estimate of

the benefits received from M may be determined

by reference to the cost of renting either the

ballroom in O or the ballroom in P. The cost of

renting the ballroom in O is $2500 and, therefore,

a good faith estimate of the fair market value of

the right to host a private event in the room at M

is $2500. In this example, the ballrooms in O and

P are considered similar and comparable facilities

to the room in M for valuation purposes, notwithstanding the fact that the room in M displays a

unique collection of art.

Example 2. Services available on a commercial

basis. Charity S is an organization described in

section 170(c). S offers to provide a one-hour

tennis lesson with Tennis Professional T in return

for the first payment of $500 or more that it

receives. T provides one-hour tennis lessons on a

commercial basis for $100. Taxpayer pays $500 to

S and in return receives the tennis lesson with T.

A good faith estimate of the fair market value of

the lesson provided in exchange for Taxpayer’s

payment is $100.

Example 3. Celebrity presence. Charity U is an

organization described in section 170(c). In return

for the first payment of $1000 or more that it

receives, U will provide a dinner for two followed

by an evening tour of Museum V conducted by

Artist W, whose most recent works are on display

at V. W does not provide tours of V on a

commercial basis. Typically, tours of V are free to

the public. Taxpayer pays $1000 to U and in

return receives a dinner valued at $100 and an

evening tour of V conducted by W. Because tours

of V are typically free to the public, a good faith

estimate of the value of the evening tour conducted by W is $0. In this example, the fact that

Taxpayer’s tour of V is conducted by W rather

than V’s regular tour guides does not render the

tours dissimilar or incomparable for valuation

purposes.

(b) Certain goods or services disregarded. For purposes of section 6115,

an organization described in section

170(c) may disregard goods or services

described in § 1.170A–13(f)(8)(i).

(c) Value of the right to purchase

tickets to college or university athletic

events. For purposes of section 6115, the

right to purchase tickets for seating at

an athletic event in exchange for a

payment described in section 170(l) is

treated as having a value equal to

twenty percent of such payment.

(d) Goods or services provided to

employees or partners of donors—(1)

Certain goods or services disregarded.

For purposes of section 6115, goods or

services provided by an organization

described in section 170(c) to employees

of a donor or to partners of a partnership that is a donor in return for a

payment to the donee organization may

be disregarded to the extent that the

goods or services provided to each employee or partner are the same as those

described in § 1.170A–13(f)(8)(i).

(2) Description permitted in lieu of

good faith estimate for other goods or

services. The written disclosure statement required by section 6115 may

include a description of goods or services, in lieu of a good faith estimate of

their value, if the donor is—

(i) An employer and, in return for the

donor’s quid pro quo contribution, an

organization described in section 170(c)

provides the donor’s employees with

goods or services other than those described in paragraph (d)(1) of this section; or

(ii) A partnership and, in return for

its quid pro quo contribution, the organization provides partners in the partnership with goods or services other than

those described in paragraph (d)(1) of

this section.

(e) Effective date. This section applies to contributions made on or after

December 16, 1996. However, taxpayers

may rely on the rules of this section for

contributions made on or after January

1, 1994.

PART 602 — OMB CONTROL

NUMBERS UNDER THE

PAPERWORK REDUCTION ACT

Par. 5. The authority citation for part

602 continues to read as follows:

Authority: 26 U.S.C. 7805

Par. 6. Section 602.101(c) is amended

by adding the following entries in numerical order to the table:

§ 602.101 OMB Control numbers.

*

*

*

*

*

(c) * * *

CFR part or section where

identified or described

Approved November 27, 1996.

Donald C. Lubick,

Acting Assistant Secretary

of the Treasury.

(Filed by the Office of the Federal Register on

December 13, 1996, 8:45 a.m., and published in

the issue of the Federal Register for December 16,

1996, 61 F.R. 65946)

Section 280G.—Golden Parachute

Payments

Federal short-term, mid-term, and long-term

rates are set forth for the month of February 1997.

See Rev. Rul. 97–7, this page.

Section 382.—Limitation on Net

Operating Loss Carryforwards and

Certain Built-in Losses Following

Ownership Change

The adjusted federal long-term rate is set forth

for the month of February 1997. See Rev. Rul.

97–7, this page.

Section 412.—Minimum Funding

Standards

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of February 1997. See Rev. Rul. 97–7, this

page.

Section 467.—Certain Payments

for the Use of Property or Services

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of February 1997. See Rev. Rul. 97–7, this

page.

Section 468.—Special Rules for

Mining and Solid Waste

Reclamation and Closing Costs

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of February 1997. See Rev. Rul. 97–7, this

page.

Current OMB

control No.

*

*

*

*

*

Section 1.170A–13(f) . . . . . . . . . . 1545–1464

*

*

*

*

*

Section 1.6115–1 . . . . . . . . . . . . . 1545–1464

Margaret Milner Richardson,

Commissioner of Internal Revenue.

Section 483.—Interest on Certain

Deferred Payments

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of February 1997. See Rev. Rul. 97–7, this

page.

14

Section 807.—Rules for Certain

Reserves

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of February 1997. See Rev. Rul. 97–7, this

page.

Section 846.—Discounted Unpaid

Losses Defined

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of February 1997. See Rev. Rul. 97–7, this

page.

Section 1274.—Determination of

Issue Price in the Case of Certain

Debt Instruments Issued for

Property

(Also Sections 42, 280G, 382, 412, 467, 468, 482,

483, 642, 807, 846, 1288, 7520, 7872.)

Federal rates; adjusted federal

rates; adjusted federal long-term rate,

and the long-term exempt rate. For

purposes of sections 1274, 1288, 382,

and other sections of the Code, tables

set forth the rates for February 1997.

Rev. Rul. 97–7

This revenue ruling provides various

prescribed rates for federal income tax

purposes for February 1997 (the current

month.) Table 1 contains the short-term,

mid-term, and long-term applicable federal rates (AFR) for the current month

for purposes of section 1274(d) of the

Internal Revenue Code. Table 2 contains

the short-term, mid-term, and long-term

adjusted applicable federal rates (adjusted AFR) for the current month for

purposes of section 1288(b). Table 3

sets forth the adjusted federal long-term

rate and the long-term tax-exempt rate

described in section 382(f). Table 4

contains the appropriate percentages for

determining the low-income housing

credit described in section 42(b)(2) for

buildings placed in service during the

current month. Finally, Table 5 contains

the federal rate for determining the

present value of an annuity, an interest

for life or for a term of years, or a

remainder or a reversionary interest for

purposes of section 7520.

REV. RUL. 97–7 TABLE 1

Applicable Federal Rates (AFR) for February 1997

Period for Compounding

Annual

Semiannual

Quarterly

Monthly

5.81%

6.40%

7.00%

7.59%

5.73%

6.30%

6.88%

7.45%

5.69%

6.25%

6.82%

7.38%

5.66%

6.22%

6.78%

7.34%

6.38%

7.03%

7.68%

8.33%

9.64%

11.29%

6.28%

6.91%

7.54%

8.16%

9.42%

10.99%

6.23%

6.85%

7.47%

8.08%

9.31%

10.84%

6.20%

6.81%

7.42%

8.02%

9.24%

10.75%

6.78%

7.47%

8.16%

8.86%

6.67%

7.34%

8.00%

8.67%

6.62%

7.27%

7.92%

8.58%

6.58%

7.23%

7.87%

8.52%

Short-Term

AFR

110% AFR

120% AFR

130% AFR

Mid-Term

AFR

110% AFR

120% AFR

130% AFR

150% AFR

175% AFR

Long-Term

AFR

110% AFR

120% AFR

130% AFR

REV. RUL. 97–7 TABLE 2

Adjusted AFR for February 1997

Period for Compounding

Annual

Semiannual

Quarterly

Monthly

Short-term

adjusted AFR

3.68%

3.65%

3.63%

3.62%

Mid-term

adjusted AFR

4.60%

4.55%

4.52%

4.51%

Long-term

adjusted AFR

5.47%

5.40%

5.36%

5.34%

REV. RUL. 97–7 TABLE 3

Rates Under Section 382 for February 1997

Adjusted federal long-term rate for the current month

5.47%

Long-term tax-exempt rate for ownership changes during the current month (the highest of the

adjusted federal long-term rates for the current month and the prior two months.)

5.48%

REV. RUL. 97–7 TABLE 4

Appropriate Percentages Under Section 42(b)(2) for February 1997

Appropriate percentage for the 70% present value low-income housing credit

8.55%

Appropriate percentage for the 30% present value low-income housing credit

3.66%

15

REV. RUL. 97–7 TABLE 5

Rate Under Section 7520 for February 1997

Applicable federal rate for determining the present value of an annuity, an interest for life or a

term of years, or a remainder or reversionary interest

Section 1288.—Treatment of

Original Issue Discount on

Tax-Exempt Obligations

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of February 1997. See Rev. Rul. 97–7, page

14.

Section 6335.—Sale of Seized

Property

property at the minimum price set by

the Secretary. On June 13, 1996, a

notice of proposed rulemaking reflecting

this change was published in the Federal Register (61 FR 30012). No comments responding to the notice of proposed rulemaking were received, and no

public hearing was requested or held.

The final regulations are adopted as

proposed.

26 CFR 301.6335–1: Sale of seized property

Explanation of provisions

T.D. 8691

Section 1570 of the Tax Reform Act

of 1986 amended section 6335(e) of the

Code to require the Secretary to determine before the sale of seized property

whether it would be in the best interest

of the United States to purchase such

property at the minimum price set by

the Secretary. The best interest determination is to be based on criteria prescribed by the Secretary. If, at the sale,

one or more persons offer at least the

minimum price, the property shall be

sold to the highest bidder. If no one

offers at least the minimum price and

the Secretary has determined that it

would be in the best interest of the

United States to purchase the property

for the minimum price, the property will

be declared sold to the United States for

the minimum price. If no one offers the

minimum price and the Secretary has

not determined that it would be in the

best interest of the United States to

purchase the property for the minimum

price, the property shall be released to

the owner of the property and the

expense of the levy and sale shall be

added to the amount of tax for the

collection of which the United States

made the levy. Any property released

shall remain subject to any lien imposed

by subchapter C of chapter 64 of subtitle F of the Code.

The regulations reflect the changes

made by the Tax Reform Act of 1986.

The regulations authorize district directors to make the required determination

whether it would be in the best interest

of the United States to purchase seized

property for the minimum price. In

addition, the regulations set forth factors

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301

Sale of Seized Property

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Final regulations.

SUMMARY: This document contains

final regulations relating to the sale of

seized property. The final regulations

reflect changes concerning the setting of

a minimum price for seized property by

the Tax Reform Act of 1986. The regulations affect all sales of seized property.

EFFECTIVE DATE: December 17,

1996.

FOR FURTHER INFORMATION CONTACT: Concerning the regulations,

Kevin B. Connelly, (202) 622–3640 (not

a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

This document contains amendments

to the Procedure and Administration

Regulations (26 CFR part 301) relating

to the sale of seized property under

section 6335 of the Internal Revenue

Code (Code). The Tax Reform Act of

1986 amended section 6335(e), relating

to the manner and conditions of sale, to

require the Secretary to determine

whether it would be in the best interest

of the United States to buy seized

16

7.6%

the district director may consider when

determining the best interest of the

United States. The district director may

consider all relevant facts and circumstances including for example: (1) marketability of the property; (2) cost of

maintaining the property; (3) cost of

repairing or restoring the property; (4)

cost of transporting the property; (5)

cost of safeguarding the property; (6)

cost of potential toxic waste cleanup;

and (7) other factors pertinent to the

type of property. Special Analyses

It has been determined that this Treasury decision is not a significant regulatory action as defined in EO 12866.

Therefore, a regulatory assessment is not

required. It also has been determined

that section 553(b) of the Administrative

Procedure Act (5 U.S.C. chapter 5) and

the Regulatory Flexibility Act (5 U.S.C.

chapter 6) do not apply to these regulations, and, therefore, a Regulatory Flexibility Analysis is not required. Pursuant

to section 7805(f) of the Internal Revenue Code, the notice of proposed

rulemaking was submitted to the Chief

Counsel for Advocacy of the Small

Business Administration for comment on

its impact on small business.

Drafting Information

The principal author of these regulations is Kevin B. Connelly, Office of

Assistant Chief Counsel (General Litigation) CC:EL:GL, IRS. However, other

personnel from the IRS and Treasury

Department participated in their development.

*

*

*

*

*

Adoption of Amendments to the Regulations

Accordingly, 26 CFR part 301 is

amended as follows:

PART 301—PROCEDURE AND ADMINISTRATION

Paragraph 1. The authority citation for

part 301 continues to read in part as

follows:

Authority: 26 U.S.C. 7805 * * *

Par. 2. Section 301.6335–1 is

amended as follows:

1. Paragraph (c)(3) is revised.

2. Paragraphs (c)(4) through (c)(9)

are redesignated as paragraphs (c)(5)

through (c)(10), respectively.

3. New paragraph (c)(4) is added.

The addition and revision read as

follows:

§ 301.6335–1 Sale of seized property.

*

*

*

*

*

(c) * * *

(3) Determinations relating to minimum price—(i) Minimum price. Before

the sale of property seized by levy, the

district director shall determine a minimum price, taking into account the

expenses of levy and sale, for which the

property shall be sold. The internal

revenue officer conducting the sale may

either announce the minimum price before the sale begins, or defer announcement of the minimum price until after

the receipt of the highest bid, in which

case, if the highest bid is greater than

the minimum price, no announcement of

the minimum price shall be made.

(ii) Purchase by the United States.

Before the sale of property seized by

levy, the district director shall determine

whether the purchase of property by the

United States at the minimum price

would be in the best interest of the

United States. In determining whether

the purchase of property would be in the

best interest of the United States, the

district director may consider all relevant facts and circumstances including

for example—

(a) Marketability of the property;

(b) Cost of maintaining the property;

(c) Cost of repairing or restoring the

property;

(d) Cost of transporting the property;

(e) Cost of safeguarding the property;

(f) Cost of potential toxic waste

cleanup; and

(g) Other factors pertinent to the type

of property.

(iii) Effective date. This paragraph

(c)(3) applies to determinations relating

to minimum price made on or after

December 17, 1996.

(4) Disposition of property at sale—

(i) ale to highest bidder at or above

minimum price. If one or more persons

offer to buy the property for at least the

amount of the minimum price, the property shall be sold to the highest bidder.

(ii) Property deemed sold to United

States at minimum price. If no one

offers at least the amount of the minimum price for the property and the

Secretary has determined that it would

be in the best interest of the United

States to purchase the property for the

minimum price, the property shall be

declared to be sold to the United States

for the minimum price.

(iii) Release to owner. If the property

is not declared to be sold under paragraph (c)(4)(i) or (ii) of this section, the

property shall be released to the owner

of the property and the expense of the

levy and sale shall be added to the

amount of tax for the collection of

which the United States made the levy.

Any property released under this paragraph (c)(4)(iii) shall remain subject to

any lien imposed by subchapter C of

chapter 64 of subtitle F of the Internal

Revenue Code.

17

(iv) Effective date. This paragraph

(c)(4) applies to dispositions of property

at sale made on or after December 17,

1996.

*

*

*

*

*

Margaret Milner Richardson,

Commissioner of Internal Revenue.

Approved November 19, 1996.

Donald C. Lubick,

Acting Assistant Secretary of Treasury.

(Filed by the Office of the Federal Register on

December 16, 1996, 8:45 a.m., and published in

the issue of the Federal Register for December

127, 1996, F.R. 66216)

Section 7121.—Closing Agreements

What are the procedures under which an issuer

of state or local bonds may request a closing

agreement with respect to outstanding bonds (1) to

prevent the interest on those bonds from being

includible in gross income of bondholders or (2)

to prevent the interest on those bonds from being

treated as an item of tax preference for purposes

of the alternative minimum tax for bondholders, in

each case as a result of an action subsequent to

the issue date that causes those bonds to fail to

meet certain requirements of §§ 141 through 150

of the Internal Revenue Code relating to use of

proceeds? See Rev. Proc. 97–15, page 21.

Section 7520.—Valuation Tables

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of February 1997. See Rev. Rul. 97–7, page

14.

Section 7872.—Treatment of Loans

With Below-Market Interest Rates

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of February 1997. See Rev. Rul. 97–7, page

14.

Part III. Administrative, Procedural, and Miscellaneous

26 CFR 601.601: Rules and regulations.

(Also Part I, §§ 103, 141, 145; 1.141–3, 1.145–2.)

Rev. Proc. 97–13

SECTION 1. PURPOSE

The purpose of this revenue procedure is to set forth conditions under

which a management contract does not

result in private business use under

§ 141(b) of the Internal Revenue Code

of 1986. This revenue procedure also

applies to determinations of whether a

management contract causes the test in

§ 145(a)(2)(B) of the 1986 Code to be

met for qualified 501(c)(3) bonds.

SECTION 2. BACKGROUND

.01 Private Business Use.

(1) Under § 103(a) of the 1986

Code, gross income does not include

interest on any state or local bond.

Under § 103(b)(1) of the 1986 Code,

however, § 103(a) of the 1986 Code

does not apply to a private activity

bond, unless it is a qualified bond under

§ 141(e) of the 1986 Code. Section

141(a)(1) of the 1986 Code defines

‘‘private activity bond’’ as any bond

issued as part of an issue that meets

both the private business use and the

private security or payment tests. Under

§ 141(b)(1) of the 1986 Code, an issue

generally meets the private business use

test if more than 10 percent of the

proceeds of the issue are to be used for

any private business use. Under

§ 141(b)(6)(A) of the 1986 Code, private business use means direct or indirect use in a trade or business carried on

by any person other than a governmental unit. Section 145(a) of the 1986

Code also applies the private business

use test of § 141(b)(1) of the 1986

Code, with certain modifications.

(2) Corresponding provisions of

the Internal Revenue Code of 1954 set

forth the requirements for the exclusion

from gross income of the interest on

state or local bonds. For purposes of this

revenue procedure, any reference to a

1986 Code provision includes a reference to the corresponding provision, if

any, under the 1954 Code.

(3) Private business use can arise

by ownership, actual or beneficial use of

property pursuant to a lease, a management or incentive payment contract, or

certain other arrangements. The Conference Report for the Tax Reform Act of

1986, provides as follows:

The conference agreement

generally retains the present-law

rules under which use by persons

other than governmental units is

determined for purposes of the

trade or business use test. Thus, as

under present law, the use of bondfinanced property is treated as a

use of bond proceeds. As under

present law, a person may be a

user of bond proceeds and bondfinanced property as a result of (1)

ownership or (2) actual or beneficial use of property pursuant to a

lease, a management or incentive

payment contract, or (3) any other

arrangement such as a take-or-pay

or other output-type contract.

2 H.R. Conf. Rep. No. 841, 99th Cong.,

2d Sess. II–687–688, (1986) 1986–3

(Vol. 4) C.B. 687–688 (footnote omitted).

(4) A management contract that

gives a nongovernmental service provider an ownership or leasehold interest

in financed property is not the only

situation in which a contract may result

in private business use.

(5) Section 1.141–3(b)(4)(i) of the

Income Tax Regulations provides, in

general, that a management contract

(within the meaning of § 1.141–

3(b)(4)(ii)) with respect to financed

property may result in private business

use of that property, based on all the

facts and circumstances.

(6) Section 1.141–3(b)(4)(i) provides that a management contract with

respect to financed property generally

results in private business use of that

property if the contract provides for

compensation for services rendered with

compensation based, in whole or in part,

on a share of net profits from the

operation of the facility.

(7) Section 1.141–3(b)(4)(iii), in

general, provides that certain arrangements generally are not treated as management contracts that may give rise to

private business use. These are—

(a) Contracts for services that

are solely incidental to the primary

governmental function or functions of a

financed facility (for example, contracts

for janitorial, office equipment repair,

hospital billing or similar services);

(b) The mere granting of admitting privileges by a hospital to a doctor,

even if those privileges are conditioned

on the provision of de minimis services,

if those privileges are available to all

18

qualified physicians in the area, consistent with the size and nature of its

facilities;

(c) A contract to provide for the

operation of a facility or system of

facilities that consists predominantly of

public utility property (as defined in

§ 168(i)(10) of the 1986 Code), if the

only compensation is the reimbursement

of actual and direct expenses of the

service provider and reasonable administrative overhead expenses of the service

provider; and

(d) A contract to provide for

services, if the only compensation is the

reimbursement of the service provider

for actual and direct expenses paid by

the service provider to unrelated parties.

(8) Section 1.145–2(a) provides

generally that §§ 1.141–0 through

1.141–15 apply to § 145(a) of the 1986

Code.

(9) Section 1.145–2(b)(1) provides

that in applying §§ 1.141–0 through

1.141–15 to § 145(a) of the 1986 Code,

references to governmental persons include section 501(c)(3) organizations

with respect to their activities that do

not constitute unrelated trades or businesses under § 513(a) of the 1986

Code.

.02 Existing Advance Ruling Guidelines. Rev. Proc. 93–19, 1993–1 C.B.

526, contains advance ruling guidelines

for determining whether a management

contract results in private business use

under § 141(b) of the 1986 Code.

SECTION 3. DEFINITIONS

.01 Adjusted gross revenues means

gross revenues of all or a portion of a

facility, less allowances for bad debts

and contractual and similar allowances.

.02 Capitation fee means a fixed periodic amount for each person for whom

the service provider or the qualified user

assumes the responsibility to provide all

needed services for a specified period so

long as the quantity and type of services

actually provided to covered persons

varies substantially. For example, a capitation fee includes a fixed dollar amount

payable per month to a medical service

provider for each member of a health

maintenance organization plan for whom

the provider agrees to provide all

needed medical services for a specified

period. A capitation fee may include a

variable component of up to 20 percent

of the total capitation fee designed to

protect the service provider against risks

such as catastrophic loss.

.03 Management contract means a

management, service, or incentive payment contract between a qualified user

and a service provider under which the

service provider provides services involving all, a portion of, or any function

of, a facility. For example, a contract for

the provision of management services

for an entire hospital, a contract for

management services for a specific department of a hospital, and an incentive

payment contract for physician services

to patients of a hospital are each treated

as a management contract. See

§§ 1.141–3(b)(4)(ii) and 1.145–2. .

04 Penalties for terminating a contract include a limitation on the qualified user’s right to compete with the

service provider; a requirement that the

qualified user purchase equipment,

goods, or services from the service

provider; and a requirement that the

qualified user pay liquidated damages

for cancellation of the contract. In contrast, a requirement effective on cancellation that the qualified user reimburse

the service provider for ordinary and

necessary expenses or a restriction on

the qualified user against hiring key

personnel of the service provider is

generally not a contract termination penalty. Another contract between the service provider and the qualified user,

such as a loan or guarantee by the

service provider, is treated as creating a

contract termination penalty if that contract contains terms that are not customary or arm’s- length that could operate

to prevent the qualified user from terminating the contract (for example, provisions under which the contract terminates if the management contract is

terminated or that place substantial restrictions on the selection of a substitute

service provider).

.05 Periodic fixed fee means a stated

dollar amount for services rendered for

a specified period of time. For example,

a stated dollar amount per month is a

periodic fixed fee. The stated dollar

amount may automatically increase according to a specified, objective, external standard that is not linked to the

output or efficiency of a facility. For

example, the Consumer Price Index and

similar external indices that track increases in prices in an area or increases

in revenues or costs in an industry are

objective external standards. Capitation

fees and per-unit fees are not periodic

fixed fees.

.06 Per-unit fee means a fee based on

a unit of service provided specified in

the contract or otherwise specifically

determined by an independent third

party, such as the administrator of the

Medicare program, or the qualified user.

For example, a stated dollar amount for

each specified medical procedure performed, car parked, or passenger mile is

a per-unit fee. Separate billing arrangements between physicians and hospitals

generally are treated as per-unit fee

arrangements.

.07 Qualified user means any state or

local governmental unit as defined in

§ 1.103–1 or any instrumentality

thereof. The term also includes a section

501(c)(3) organization if the financed

property is not used in an unrelated

trade or business under § 513(a) of the

1986 Code. The term does not include

the United States or any agency or

instrumentality thereof.

.08 Renewal option means a provision under which the service provider

has a legally enforceable right to renew

the contract. Thus, for example, a provision under which a contract is automatically renewed for one-year periods absent cancellation by either party is not a

renewal option (even if it is expected to

be renewed).

.09 Service provider means any person other than a qualified user that

provides services under a contract to, or

for the benefit of, a qualified user.

SECTION 4. SCOPE

This revenue procedure applies when,

under a management contract, a service

provider provides management or other

services involving property financed

with proceeds of an issue of state or

local bonds subject to § 141 or

§ 145(a)(2)(B) of the 1986 Code.

SECTION 5. OPERATING

GUIDELINES FOR MANAGEMENT

CONTRACTS

.01 In general. If the requirements of

section 5 of this revenue procedure are

satisfied, the management contract does

not itself result in private business use.

In addition, the use of financed property,

pursuant to a management contract

meeting the requirements of section 5 of

this revenue procedure, is not private

business use if that use is functionally

related and subordinate to that management contract and that use is not, in

substance, a separate contractual agreement (for example, a separate lease of a

portion of the financed property). Thus,

19

for example, exclusive use of storage

areas by the manager for equipment that

is necessary for it to perform activities

required under a management contract

that meets the requirements of section 5

of this revenue procedure, is not private

business use.

.02 General compensation requirements.

(1) In general. The contract must

provide for reasonable compensation for

services rendered with no compensation

based, in whole or in part, on a share of

net profits from the operation of the

facility. Reimbursement of the service

provider for actual and direct expenses

paid by the service provider to unrelated

parties is not by itself treated as compensation.

(2) Arrangements that generally

are not treated as net profits arrangements. For purposes of § 1.141–

3(b)(4)(i) and this revenue procedure,

compensation based on—

(a) A percentage of gross revenues (or adjusted gross revenues) of a

facility or a percentage of expenses

from a facility, but not both;

(b) A capitation fee; or

(c) A per-unit fee is generally

not considered to be based on a share of

net profits.

(3) Productivity reward. For purposes of § 1.141–3(b)(4)(i) and this revenue procedure, a productivity reward

equal to a stated dollar amount based on

increases or decreases in gross revenues

(or adjusted gross revenues), or reductions in total expenses (but not both

increases in gross revenues (or adjusted

gross revenues) and reductions in total

expenses) in any annual period during

the term of the contract, generally does

not cause the compensation to be based

on a share of net profits.

(4) Revision of compensation arrangements. In general, if the compensation arrangements of a management contract are materially revised, the

requirements for compensation arrangements under section 5 of this revenue

procedure are retested as of the date of

the material revision, and the management contract is treated as one that was

newly entered into as of the date of the

material revision.

.03 Permissible Arrangements. The

management contract must be described

in section 5.03(1), (2), (3), (4), (5), or

(6) of this revenue procedure.

(1) 95 percent periodic fixed fee

arrangements. At least 95 percent of the

compensation for services for each annual period during the term of the

contract is based on a periodic fixed fee.

The term of the contract, including all

renewal options, must not exceed the

lesser of 80 percent of the reasonably

expected useful life of the financed

property and 15 years. For purposes of

this section 5.03(1), a fee does not fail

to qualify as a periodic fixed fee as a

result of a one-time incentive award

during the term of the contract under

which compensation automatically increases when a gross revenue or expense target (but not both) is reached if

that award is equal to a single, stated

dollar amount.

(2) 80 percent periodic fixed fee

arrangements. At least 80 percent of the

compensation for services for each annual period during the term of the

contract is based on a periodic fixed fee.

The term of the contract, including all

renewal options, must not exceed the

lesser of 80 percent of the reasonably

expected useful life of the financed

property and 10 years. For purposes of

this section 5.03(2), a fee does not fail

to qualify as a periodic fixed fee as a

result of a one-time incentive award

during the term of the contract under

which compensation automatically increases when a gross revenue or expense target (but not both) is reached if

that award is equal to a single, stated

dollar amount.

(3) Special rule for public utility

property. If all of the financed property

subject to the contract is a facility or

system of facilities consisting of predominantly public utility property (as

defined in § 168(i)(10) of the 1986

Code), then ‘‘20 years’’ is substituted—

(a) For ‘‘15 years’’ in applying

section 5.03(1) of this revenue procedure; and

(b) For ‘‘10 years’’ in applying

section 5.03(2) of this revenue procedure.

(4) 50 percent periodic fixed fee

arrangements. Either at least 50 percent

of the compensation for services for

each annual period during the term of

the contract is based on a periodic fixed

fee or all of the compensation for

services is based on a capitation fee or a

combination of a capitation fee and a

periodic fixed fee. The term of the

contract, including all renewal options,

must not exceed 5 years. The contract

must be terminable by the qualified user

on reasonable notice, without penalty or

cause, at the end of the third year of the

contract term.

(5) Per-unit fee arrangements in

certain 3-year contracts. All of the

compensation for services is based on a

per-unit fee or a combination of a

per-unit fee and a periodic fixed fee.

The term of the contract, including all

renewal options, must not exceed 3

years. The contract must be terminable

by the qualified user on reasonable

notice, without penalty or cause, at the

end of the second year of the contract

term.

(6) Percentage of revenue or expense fee arrangements in certain

2-year contracts. All the compensation

for services is based on a percentage of

fees charged or a combination of a

per-unit fee and a percentage of revenue

or expense fee. During the start-up period, however, compensation may be

based on a percentage of either gross

revenues, adjusted gross revenues, or

expenses of a facility. The term of the

contract, including renewal options,

must not exceed 2 years. The contract

must be terminable by the qualified user

on reasonable notice, without penalty or

cause, at the end of the first year of the

contract term. This section 5.03(6) applies only to—

(a) Contracts under which the

service provider primarily provides services to third parties (for example, radiology services to patients); and

(b) Management contracts involving a facility during an initial

start-up period for which there have

been insufficient operations to establish

a reasonable estimate of the amount of

the annual gross revenues and expenses

(for example, a contract for general

management services for the first year

of operations).

.04 No Circumstances Substantially

Limiting Exercise of Rights.

(1) In general. The service provider must not have any role or relationship with the qualified user that, in

effect, substantially limits the qualified

user’s ability to exercise its rights, including cancellation rights, under the

contract, based on all the facts and

circumstances.

(2) Safe harbor. This requirement

is satisfied if—

(a) Not more than 20 percent of

the voting power of the governing body

of the qualified user in the aggregate is

vested in the service provider and its

directors, officers, shareholders, and employees;

(b) Overlapping board members

do not include the chief executive officers of the service provider or its governing body or the qualified user or its

governing body; and

20

(c) The qualified user and the

service provider under the contract are

not related parties, as defined in

§ 1.150–1(b).

SECTION 6. EFFECT ON OTHER

DOCUMENTS

Rev. Proc. 93–19, 1993–1 C.B. 526,

is made obsolete on the effective date of

this revenue procedure.

SECTION 7. EFFECTIVE DATE

This revenue procedure is effective

for any management contract entered

into, materially modified, or extended

(other than pursuant to a renewal option) on or after May 16, 1997. In

addition, an issuer may apply this revenue procedure to any management contract entered into prior to May 16, 1997.

DRAFTING INFORMATION

The principal author of this revenue

procedure is Loretta J. Finger of the

Office of Assistant Chief Counsel (Financial Institutions and Products). For

further information regarding this revenue procedure contact Loretta J. Finger

on (202) 622–3980 (not a toll-free call).

26 CFR 601.601: Rules and regulations.

(Also Part I, §§ 103, 141, 145; 1.141–3, 1.145–2.)

Rev. Proc. 97–14

SECTION 1. PURPOSE

The purpose of this revenue procedure is to set forth conditions under

which a research agreement does not

result in private business use under

§ 141(b) of the Internal Revenue Code

of 1986. This revenue procedure also

applies to determinations of whether a

research agreement causes the test in

§ 145(a)(2)(B) of the 1986 Code to be

met for qualified 501(c)(3) bonds.

SECTION 2. BACKGROUND

.01 Private Business Use.

(1) Under § 103(a) of the 1986

Code, gross income does not include

interest on any state or local bond.

Under § 103(b)(1) of the 1986 Code,

however, § 103(a) of the 1986 Code

does not apply to a private activity

bond, unless it is a qualified bond under

§ 141(e) of the 1986 Code. Section

141(a)(1) of the 1986 Code defines

‘‘private activity bond’’ as any bond

issued as part of an issue that meets

both the private business use and the

private security or payment tests. Under

§ 141(b)(1) of the 1986 Code, an issue

generally meets the private business use

test if more than 10 percent of the

proceeds of the issue are to be used for

any private business use. Under

§ 141(b)(6)(A) of the 1986 Code, private business use means direct or indirect use in a trade or business carried on

by any person other than a governmental unit. Section 145(a) of the 1986

Code also applies the private business

use test of § 141(b)(1) of the 1986

Code, with certain modifications.

(2) Corresponding provisions of

the Internal Revenue Code of 1954 set

forth the requirements for the exclusion

from gross income of the interest on

state or local bonds. For purposes of this

revenue procedure, any reference to a

1986 Code provision includes a reference to the corresponding provision, if

any, under the 1954 Code.

.02 Section 1.141–3(b)(6)(i) of the

Income Tax Regulations provides, in

general, that an agreement by a nongovernmental person to sponsor research

performed by a governmental person

may result in private business use of the

property used for the research, based on

all of the facts and circumstances.

.03 Section 1.141–3(b)(6)(ii) provides

in general that a research agreement

with respect to financed property results

in private business use of that property

if the sponsor is treated as the lessee or

owner of financed property for federal

income tax purposes.

.04 Section 1.145–2(a) provides generally that §§ 1.141–0 through 1.141–15

apply to § 145(a) of the 1986 Code.

.05 Section 1.145–2(b)(1) provides

that, in applying §§ 1.141–0 through

1.141–15 to § 145(a) of the 1986 Code,

references to governmental persons include section 501(c)(3) organizations

with respect to their activities that do

not constitute unrelated trades or businesses under § 513(a) of the 1986

Code.

SECTION 3. DEFINITIONS

.01 Basic research, for purposes of

§ 141 of the 1986 Code, means any

original investigation for the advancement of scientific knowledge not having

a specific commercial objective. For

example, product testing supporting the

trade or business of a specific nongovernmental person is not treated as basic

research.

.02 Qualified user means any state or

local governmental unit as defined in

§ 1.103–1 or any instrumentality

thereof. The term also includes a section

501(c)(3) organization if the financed

property is not used in an unrelated

trade or business under § 513(a) of the

1986 Code. The term does not include

the United States or any agency or

instrumentality thereof.

.03 Sponsor means any person, other

than a qualified user, that supports or

sponsors research under a contract.

SECTION 4. SCOPE

This revenue procedure applies when,

under a research agreement, a sponsor

uses property financed with proceeds of

an issue of state or local bonds subject

to § 141 or § 145(a)(2)(B) of the 1986

Code.

SECTION 5. OPERATING

GUIDELINES FOR RESEARCH

AGREEMENTS

.01 In general. If a research agreement is described in either section 5.02

or 5.03 of this revenue procedure, the

research agreement itself does not result

in private business use.

.02 Corporate-sponsored research. A

research agreement relating to property

used for basic research supported or

sponsored by a sponsor is described in

this section 5.02 if any license or other

use of resulting technology by the sponsor is permitted only on the same terms

as the recipient would permit that use

by any unrelated, non-sponsoring party

(that is, the sponsor must pay a competitive price for its use), with the price

paid for that use determined at the time

the license or other resulting technology

is available for use. Although the recipient need not permit persons other than

the sponsor to use any license or other

resulting technology, the price paid by

the sponsor must be no less than the

price that would be paid by any nonsponsoring party for those same rights.

.03 Cooperative research agreements.

A research agreement relating to property used pursuant to a joint industrygovernmental cooperative research arrangement is described in this section

5.03 if—

(1) Multiple, unrelated sponsors

agree to fund governmentally performed

basic research;

(2) The research to be performed

and the manner in which it is to be

performed (for example, selection of the

personnel to perform the research) is

determined by the qualified user;

21

(3) Title to any patent or other

product incidentally resulting from the

basic research lies exclusively with the

qualified user; and

(4) Sponsors are entitled to no

more than a nonexclusive, royalty-free

license to use the product of any of that

research.

SECTION 6. EFFECTIVE DATE

This revenue procedure is effective

for any research agreement entered into

on or after May 16, 1997. In addition,

an issuer may apply this revenue procedure to any research agreement entered

into prior to May 16, 1997.

DRAFTING INFORMATION

The principal author of this revenue

procedure is Loretta J. Finger of the

Office of Assistant Chief Counsel (Financial Institutions and Products). For

further information regarding this revenue procedure contact Loretta J. Finger

on (202) 622–3980 (not a toll-free call).

26 CFR 601.202: Closing agreements.

(Also Part I, §§ 57, 103, 141, 142, 144, 145, 147,

7121; 1.141–12, 1.142–2, 1.144–2, 1.145–2,

1.147–2.)

Rev. Proc. 97–15

SECTION 1. PURPOSE

This revenue procedure provides a

program under which an issuer of state

or local bonds may request a closing

agreement with respect to outstanding

bonds (1) to prevent the interest on

those bonds from being includible in

gross income of bondholders or (2) to

prevent the interest on those bonds from

being treated as an item of tax preference for purposes of the alternative

minimum tax for bondholders, in each

case as a result of an action subsequent

to the issue date that causes those bonds

to fail to meet certain requirements of

§§ 141 through 150 of the Internal

Revenue Code of 1986 relating to use of

proceeds.

SECTION 2. BACKGROUND

.01 Under § 103(a) of the 1986

Code, gross income does not include

interest on any state or local bond if the

applicable requirements of §§ 141

through 150 of the 1986 Code are

satisfied. These requirements include requirements relating to use of bond proceeds that must be met after the issue

date.

.02 Sections 1.141–12, 1.142–2,

1.144–2, 1.145–2, and 1.147–2 of the

Income Tax Regulations provide that, in

the event that an action taken subsequent to the issue date causes an issue

of state or local bonds to fail to meet

certain requirements relating to use of

proceeds, an issuer may generally take

certain remedial actions to prevent interest on the bonds from becoming includible in gross income. Application of

these remedial action provisions may

not be possible or practicable for issuers

in some cases.

.03 The remedial action permitted in

§ 1.141–12(f) applies to bonds that

were not treated as private activity

bonds on their issue date. Under this

provision, if a subsequent action causes

bonds of an issue to meet the private

activity bond tests of § 141 of the 1986

Code, the bonds may be treated as

reissued qualified private activity bonds

on the date of the action for certain

purposes, including §§ 55 through 57 of

the 1986 Code.

.04 Section 57(a)(5) of the 1986

Code provides that the interest on certain qualified private activity bonds is

treated as an item of tax preference for

purposes of the alternative minimum

tax.

.05 Corresponding provisions of the

Internal Revenue Code of 1954 set forth

requirements for the exclusion from

gross income of the interest on an issue

of state or local bonds. For purposes of

this revenue procedure, any reference to

a provision of the 1986 Code includes a

reference to the corresponding provision,

if any, under the 1954 Code.

SECTION 3. DESCRIPTION OF THE

CLOSING AGREEMENT PROGRAM

FOR SUBSEQUENT ACTIONS

.01 Under the program established by

this revenue procedure, the Service will

enter into closing agreements with issuers of state or local bonds. These closing agreements will provide that (1) the

interest on bonds will not be includible

in gross income of bondholders or (2)

the interest on bonds will not be treated

as an item of tax preference for purposes of the alternative minimum tax for

bondholders, in each case solely as a

result of an action subsequent to the

issue date that causes those bonds to fail

to meet certain requirements of §§ 141

through 150 of the 1986 Code relating

to use of bond proceeds. The closing

agreements will not resolve any other

matter.

.02 In general, in the case of a closing agreement providing that the interest

on bonds will not be includible in gross

income of bondholders, the closing

agreement will apply only to the period

between the issue date of the bonds and

the next date on which the bonds may

be redeemed under their terms after the

date of the closing agreement (the ‘‘next

redemption date’’). The next redemption

date will be specified in the closing

agreement.

.03 In general, in the case of a closing agreement providing that the interest

on bonds will not be treated as an item

of tax preference for purposes of the

alternative minimum tax, the closing

agreement will apply only to the period

between the date of the subsequent

action and the date specified in the

closing agreement.

.04 This program is a compliance

program but is not based upon an

examination of an issue of bonds by the

Service.

.05 Because this program does not

arise out of an examination, consideration under this program does not preclude or impede an examination of the

issuer, the bondholders, or the issue of

bonds by the Service with respect to

matters not addressed in the closing

agreement.

.06 The intent underlying this program is to treat expeditiously all requests for closing agreements which are

submitted in accordance with sections 5

and 6 of this revenue procedure. Accordingly, negotiations with issuers on

the basis of mitigating circumstances of

individual cases will not be entertained

under the terms of this revenue procedure.

SECTION 4. SCOPE

.01 This revenue procedure applies

only to failures to meet the requirements

for excludability of interest from gross

income in §§ 141 through 150 of the

1986 Code that can be remediated under

§§ 1.141–12, 1.142–2, 1.144–2, 1.145–

2, or 1.147–2 with respect to proceeds

that have been spent. These remedial

action provisions generally require that

the initial use of proceeds of the issue

of bonds, including the use of any

facility financed with those proceeds,

satisfied all the applicable requirements

for tax-exempt bonds under §§ 103 and

141 through 150 of the 1986 Code. The

requirements for excludability of interest

from gross income in §§ 141 through

150 of the 1986 Code that can be

22

remediated under §§ 1.141–12, 1.142–2,

1.144–2, 1.145–2, and 1.147–2 are

§§ 141(b)(1), 141(b)(3), 141(b)(4),

141(b)(5), 141(c), 142 (except paragraphs (d) and (f)), 144 (except paragraphs (a)(4), (a)(10), and (b)), 145(a),

147(c)(3), 147(d)(2) and (3), 147(e), and

147(f) of the 1986 Code. This revenue

procedure has no effect on the application of the provisions set forth in

§§ 150(b) and (c) of the 1986 Code.

.02 An issue of bonds that is under an

examination by the Service is not eligible for the program. An issue of bonds

is under examination if the issuer of the

bonds has been notified in writing by

the Service that the issue has been

selected for examination.

SECTION 5. PROCEDURE

.01 An issuer seeking relief must request, within 180 days from the date of

the subsequent action, a closing agreement following the procedures in this

revenue procedure.

.02 In its request for a closing agreement under this revenue procedure, the

issuer must include the following information relating to the issue of bonds:

(1) A copy of the completed and

filed Form 8038;

(2) A copy of the final offering

document, if any;

(3) A statement detailing the subsequent action;

(4) A statement explaining the

computation of the proposed closing

agreement amount, as described in section 6 of this revenue procedure; and

(5) In the case of a request for a

closing agreement providing that the

interest on bonds will not be includible

in gross income of bondholders, a copy

of the written notice (which may acknowledge that the issuer does not currently have funds on hand to redeem the

nonqualified bonds) to the bondholders

of the issue that:

(a) The nonqualified bonds will

be redeemed on the next redemption

date; and

(b) In the event the issuer fails

to redeem the nonqualified bonds in

accordance with the terms of the closing

agreement on the next redemption date,

the bonds of the issue will be treated as

private activity bonds that are not qualified bonds as of that date.

.03 The closing agreement will be

prepared by the Service and, in general,

will be in substantially the same form

which is shown as an exhibit at the end

of this revenue procedure.

.04 As a condition to the Service

executing a closing agreement under this

procedure, the following requirements

must be met:

(1) The requirements of §§ 1.141–

12(a), 1.142–2, 1.144–2, 1.145–2, or

1.147–2, as applicable, relating to conditions for remedial action must be satisfied.

(2) In the case of a closing agreement providing that the interest on

bonds will not be includible in gross

income of bondholders, the issuer must

agree to:

(a) Notify the bondholders in

writing, within 30 days after the date the

closing agreement is executed by the

Service, that:

(i) The nonqualified bonds

will be redeemed on the next redemption date; and

(ii) In the event the issuer

fails to redeem the nonqualified bonds

in accordance with the terms of the

closing agreement on the next redemption date, the bonds of the issue will be

treated as private activity bonds that are

not qualified bonds as of that date; and

(b) Not make any payment under the closing agreement from proceeds

of bonds described in § 103(a) of the

1986 Code.

(3) In the case of a closing agreement providing that the interest on

bonds will not be treated as an item of

tax preference for purposes of the alternative minimum tax, the issuer must

agree to not make any payment under

the closing agreement from proceeds of

bonds described in § 103(a) of the 1986

Code.

(4) In the case of a closing agreement providing that the interest on

bonds will not be includible in gross

income of bondholders, the issuer must

execute, simultaneously with the execution by the issuer of the closing agreement, a § 6103(c) disclosure consent

authorizing the Service to make public

any returns and return information (as

those terms are defined in § 6103(b) of

the 1986 Code) of the issuer relating to

the closing agreement under this revenue procedure, but only in the event

the issuer fails to redeem the nonqualified bonds in accordance with the terms

of the closing agreement.

(5) The issuer must pay, simultaneously with the execution by the issuer

of the closing agreement, the applicable

closing agreement amount computed under section 6 of this revenue procedure.

.05 A request for a closing agreement

and the closing agreement under this

revenue procedure must be signed by

the issuer. The person who signs for an

issuer must be an official of the issuer

who is authorized to sign a Form 8038

and who has personal knowledge of the

facts regarding bonds to be covered by

the closing agreement, the subsequent

action relating to the use of the proceeds

of those bonds, and the computation of

the proposed closing agreement amount

described in section 6 of this revenue

procedure.

.06 To sign the request for a closing

agreement or to appear before the Service in connection with the request for a

closing agreement, the issuer or the

representative must comply with the

requirements of sections 9.02(11) and

(12) of Rev. Proc. 97–4, 1997–1 I.R.B.

97 or any successor to Rev. Proc. 97–4.

.07 The following declaration must

accompany a request for a closing

agreement and any factual information

submitted after the original request or

any change in the request at a later

time: ‘‘Under penalties of perjury, I

declare that I have examined this

request for a closing agreement, including accompanying documents,

and that, to the best of my knowledge

and belief, the facts presented in support of the requested closing agreement are true, correct, and complete.’’

The declaration must be signed by the

issuer, not the issuer’s representative.

.08 A request for a closing agreement

must be clearly labeled as a request for

a closing agreement under this revenue

procedure and sent to the following

address:

Internal Revenue Service

1111 Constitution Avenue, N.W.

Attention: CP:E:EO:P:2, Room 6052

Washington, D.C. 20224

SECTION 6. CLOSING AGREEMENT

AMOUNT

.01 In general. Except as provided in

section 6.04 of this revenue procedure,

the closing agreement amount is equal

to an estimate of the federal income tax

liability that is not required to be paid

with respect to interest accruing on the

nonqualified bonds commencing on the

date of the subsequent action, as provided in this section. The closing agreement amount is computed as follows:

(1) Step 1. Determine the amount

of interest accruing on the nonqualified

bonds in each calendar year, commenc-

23

ing on the date on which the subsequent

action occurs and ending on the next

redemption date;

(2) Step 2. Multiply the amount

determined in section 6.01(1) of this

revenue procedure for each calendar

year by 0.29;

(3) Step 3. Determine the present

value of each amount determined in

section 6.01(2) of this revenue procedure for each calendar year in accordance with section 6.02 of this revenue

procedure by assuming it is paid on

April 15 in the following calendar year;

(4) Step 4. Determine the sum of

the present value amounts determined in

section 6.01(3) of this revenue procedure for all calendar years.

.02 Computation of present value.

Present value must be computed as of

the date on which the payment is sent to

the Service.

(1) In the case of a closing agreement providing that the interest on

bonds will not be includible in gross

income of bondholders, the discount rate

used to determine present value is the

taxable applicable federal rate (semiannual compounding), determined as of

the date of the subsequent action, for a

term equal to the period between the

date of the subsequent action and the

next redemption date.

(2) In the case of a closing agreement providing that the interest on

bonds will not be treated as an item of

tax preference for purposes of the alternative minimum tax, the discount rate

used to determine present value is the

taxable applicable federal rate (semiannual compounding), determined as of

the date of the subsequent action, for a

term equal to the period between the

date of the subsequent action and the

date specified in the closing agreement.

.03 Nonqualified bonds has the same

meaning as in §§ 1.141–12(j) or 1.142–

2(e), as applicable. Nonqualified bonds

that continue to be treated as tax-exempt

because of a permissible remedial action

under §§ 1.141–12(d), (e), or (f), 1.142–

2(c), 1.144–2, 1.145–2, or 1.147–2, as

applicable, will not be treated as

nonqualified bonds for purposes of this

closing agreement program.

.04 Amount for closing agreement on

item of tax preference. In the case of a

closing agreement providing that the

interest on bonds will not be treated as

an item of tax preference for purposes

of the alternative minimum tax, the

closing agreement amount is equal to an

estimate of the federal income tax liability that is not required to be paid

because of this treatment commencing

on the date of the subsequent action, as

provided in this section. The closing

agreement amount is computed as follows:

(1) Step 1. Determine the principal

amount of nonqualified bonds that will

be outstanding on January 1 of each

calendar year commencing the calendar

year in which the subsequent action

occurs and ending the first calendar year

in which the nonqualified bonds will no

longer be outstanding;

(2) Step 2. Multiply the amount

determined in section 6.04(1) of this

revenue procedure for each calendar

year by .0014;

(3) Step 3. Determine the present

value of each amount determined in

section 6.04(2) of this revenue procedure for each calendar year in accordance with section 6.02 of this revenue

procedure by assuming it is paid on

April 15 in the following calendar year;

(4) Step 4. Determine the sum of

the present value amounts determined in

section 6.04(3) of this revenue procedure for all calendar years.

SECTION 7. INQUIRIES

Inquiries, comments, or suggestions in

regard to this revenue procedure should

be directed to:

Internal Revenue Service

1111 Constitution Avenue, N.W.

Attention: CP:E:EO:P:2, Room 6052

Washington, D.C. 20224

SECTION 8. EFFECTIVE DATE

This revenue procedure is effective

for bonds issued on or after May 16,

1997. In addition, an issuer may apply

this revenue procedure to any bonds

issued before May 16, 1997.

SECTION 9. PAPERWORK

REDUCTION ACT

The collections of information contained in this revenue procedure have

been reviewed and approved by the

Office of Management and Budget in

accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control

number 1545–1528.

An agency may not conduct or sponsor, and a person is not required to

respond to, a collection of information

unless the collection of information displays a valid control number.

The collections of information in this

revenue procedure are in section 5 of

this revenue procedure. This information

is required by the Service to verify

compliance with §§ 57, 103, 141, 142,

144, 145, and 147 of the 1986 Code, as

applicable. This information will be

used by the Service to enter into a

closing agreement with the issuer and to

establish the closing agreement amount.

The collections of information are required to obtain a benefit. The likely

respondents are state or local governments.

The estimated total annual reporting

and/or recordkeeping burden is 75

hours.

The estimated annual burden per

respondent/recordkeeper varies from 1

hour to 3 hours, depending on individual

circumstances, with an estimated average of 1.5 hours. The estimated number

of respondents and/or recordkeepers is

50.

The estimated annual frequency of

responses (used for reporting requirements only) is on occasion.

Books or records relating to a collection of information must be retained as

long as their contents may become material in the administration of any internal revenue law. Generally tax returns

and tax return information are confidential, as required by 26 U.S.C. 6103.

DRAFTING INFORMATION

The principal author of this revenue

procedure is Loretta J. Finger of the

Office of Assistant Chief Counsel (Financial Institutions and Products). For

further information regarding this revenue procedure contact Loretta J. Finger

on (202) 622–3980 (not a toll-free call).

CLOSING AGREEMENT ON FINAL

DETERMINATION COVERING

SPECIFIC MATTERS RELATING TO

A SUBSEQUENT ACTION RELATING

TO USE OF PROCEEDS

Under section 7121 of the Internal

Revenue Code (the ‘‘Code’’),

(the ‘‘Issuer’’) and the Commissioner of

Internal Revenue (the ‘‘Commissioner’’

or ‘‘IRS’’) make this closing agreement

(the ‘‘Agreement’’).

WHEREAS, the parties have determined the following facts and made the

following legal conclusions and representations:

A. This Agreement is in settlement of

issues raised in a request for a closing

agreement under Rev. Proc. 97–15,

1997–5 I.R.B. 21, pertaining to the

(the ‘‘Bonds’’) issued on

(the ‘‘Issue Date’’).

24

B. This Agreement is not based upon

an examination of the Bonds by the IRS

and does not preclude or impede an

examination of the Issuer, any holders

of the Bonds, or the Bonds by the IRS

with respect to matters not addressed in

this Agreement.

C. The IRS has not formally asserted

any claims against the Issuer, or sought

to tax any holders of the Bonds on

interest income on the Bonds.

D. The terms of this Agreement were

arrived at pursuant to Rev. Proc. 97–15

and may differ from the terms of settlement of bond issues examined or to be

examined by the IRS.

E. This Agreement is for the benefit

of the past, present and future registered

and beneficial owners of the Bonds

during the period covered by this Agreement (collectively, the ‘‘Bondholders’’).

F. [In the case of a closing agreement

entered into under section 3.01(1) of

Rev. Proc. 97–15, provide as follows:

The first date on which the Bonds may

be redeemed, under the terms of the

bond documents for the Bonds after the

date of this Agreement, is

(the ‘‘Next Redemption Date’’).]

[Insert additional premises on which

this Agreement is based, including a

description of the subsequent action

causing the Bonds to fail to meet a

requirement of the Code relating to use

of proceeds. Specifically identify that

requirement of the Code.]

NOW IT IS HEREBY DETERMINED

AND AGREED PURSUANT TO THIS

AGREEMENT EXECUTED BY THE

PARTIES HERETO UNDER SECTION

7121 OF THE CODE THAT FOR FEDERAL INCOME TAX PURPOSES:

1. The Issuer shall pay [the amount

computed under section 6 of Rev. Proc.

97–15] to the IRS upon the Issuer’s

execution of this Agreement. Payment of

this amount shall not be made from

proceeds of bonds described in section

103(a) of the Code. Payments of this

amount shall be made by certified check

payable to the ‘‘Internal Revenue Service.’’ Payment must be sent, simultaneously with this Agreement executed

by the Issuer, to Internal Revenue Service, Attention: CP:E:EO, 1111 Constitution Avenue, N.W., Washington, D.C.

20224.

2. [In the case of a closing agreement

entered into under section 3.01(1) of

Rev. Proc. 97–15, provide as follows:

The Bondholders are not required to

include in their gross incomes any interest accrued on the Bonds from the Issue

Date to the Next Redemption Date be-

cause of the violations set forth herein.]

[In the case of a closing agreement

entered into under section 3.01(2) of

Rev. Proc. 97–15, provide as follows:

The Bondholders are not required to

treat interest accrued on the Bonds from

[the date of the subsequent action] to [a

specified date] as an item of tax preference for purposes of the alternative

minimum tax, because of the violations

set forth herein.]

3. [In the case of a closing agreement

entered into under section 3.01(1) of

Rev. Proc. 97–15, provide as follows:

Within 30 days after the date this Agreement is executed by the IRS, the Issuer

must notify all Bondholders in writing

that the Bonds will be redeemed on the

Next Redemption Date and that, in the

event that the Issuer fails to redeem the

Bonds, the Bonds will be treated as

private activity bonds that are not qualified bonds after the Next Redemption

Date.]

4. [In the case of a closing agreement

entered into under section 3.01(1) of

Rev. Proc. 97–15, provide as follows:

The Issuer is required to redeem the

Bonds on the Next Redemption Date.

Further, the Issuer may not redeem the

Bonds from proceeds of bonds described

in section 103(a) of the Code.]

5. Notwithstanding anything to the

contrary contained herein, the IRS may

take any appropriate action with respect

to the Bonds, including taxing the Bondholders on interest earned on the Bonds,

for violations other than those set forth

herein or for violations arising after the

effective date of this Agreement.

6. This Agreement is executed with

respect to a federal income tax liability

of the Bondholders.

7. No income shall be recognized by

any Bondholder as a result of this

Agreement or any payments made pursuant to this Agreement.

8. No party shall endeavor by litigation or other means to attack the validity

of this Agreement.

9. This Agreement may not be cited

or relied upon by any person or entity

whatsoever as precedent in the disposition of any other case.

10. [In the case of a closing agreement entered into under section 3.01(1)

of Rev. Proc. 97–15, provide as follows:

The Issuer shall execute, upon the Issuer’s execution of this Agreement, a

consent meeting the requirements of

section 6103(c) of the Code permitting

the disclosure to the general public of

information concerning this Agreement.

The consent will permit such disclosures

only in the event the Issuer fails to

redeem the Bonds in accordance with

the terms of this Agreement.]

11. [In the case of a closing agreement entered into under section 3.01(1)

of Rev. Proc. 97–15, provide as follows:

In the event that the Bonds are retired

prior to the Next Redemption Date, no

amount paid by the Issuer under paragraph 1 of this Agreement may be

refunded.] [In the case of a closing

agreement entered into under section

3.01(2) of Rev. Proc. 97–15, provide as

follows: In the event that the Bonds are

retired prior to [the date specified in

paragraph 2 of this Agreement], no

amount paid by the Issuer under paragraph 1 of this Agreement may be

refunded.]

12. This Agreement is final and conclusive except that—

a. The matter it relates to may be

reopened in the event of fraud, malfeasance, or misrepresentation of a material

fact;

b. It is subject to the sections of

the Code that expressly provide that

effect be given to their provisions (including any stated exception for section

7122 of the Code) notwithstanding any

other law or rule of law; and

c. It is subject to any law, enacted

after the date of this Agreement, that

applies to a tax period ending after the

date of this Agreement covered by this

Agreement.

By signing, the above parties certify

that they have read and agreed to the

terms of this Agreement.

ISSUER

TIN:

By:

[Name]

Title:

Date:

COMMISSIONER OF INTERNAL

REVENUE

Date:

By:

[Name]

Title:

CONSENT TO DISCLOSE TAX

INFORMATION

I [we] hereby authorize the Internal

Revenue Service (‘‘IRS’’) to make public any returns and return information

(as those terms are defined in section

6103(b) of the Internal Revenue Code)

of [INSERT NAME OF ISSUER] (‘‘the

Issuer’’) relating to the Closing Agreement (‘‘Agreement’’) dated [INSERT

DATE] between the Issuer, [INSERT

NAME OF ANY OTHER PARTY

25

SIGNING THE AGREEMENT] and the

Commissioner of Internal Revenue, concerning [INSERT NAME OF BOND

ISSUE]. The above described information may be disclosed by the IRS to

members of Congress, the press, or the

general public. Such disclosures may be

made only in the event the Issuer fails

to redeem the Bonds in accordance with

the terms of the Agreement.

I [we] am [are] aware that without

this authorization the returns and return

information of [INSERT NAME OF

ISSUER] are confidential and are protected by law under the Internal Revenue Code.

I [we] hereby certify that I [we] have

the authority to execute this consent to

disclose on behalf of the Issuer.

NAME OF ISSUER:

EMPLOYER IDENTIFICATION

NUMBER:

ISSUER’S ADDRESS:

NAME OF INDIVIDUAL

EXECUTING CONSENT:

TITLE:

SIGNATURE:

DATE:

26 CFR 601.105: Examination of returns and

claims for refund, credit, or abatement; determination of correct tax liability.

(Also Part I, § 842.)

Rev. Proc. 97–16

SECTION 1. PURPOSE

This revenue procedure provides the

domestic asset/liability percentages and

domestic investment yields needed by

foreign life insurance companies and

foreign property and liability insurance

companies to compute their minimum

effectively connected net investment income under § 842(b) of the Internal

Revenue Code for taxable years beginning after December 31, 1995. Instructions are provided for computing foreign

insurance companies’ liabilities for the

estimated tax and installment payments

of estimated tax for taxable years beginning after December 31, 1995. For more

specific guidance regarding the computation of the amount of net investment

income to be included by a foreign

insurance company on its U.S. income

tax return, see Notice 89–96, 96, 1989–2

C.B. 417. For the domestic asset/liability

percentage and domestic investment

yield, as well as instructions for computing foreign insurance companies’ liabilities for estimated tax and installment

payments of estimated tax for taxable

years beginning after December 31,

1994, see Rev. Proc. 96–23, 1996–1

C.B. 662.

SEC. 2. CHANGES

.01 DOMESTIC ASSET/LIABILITY

PERCENTAGES FOR 1996. The Secretary determines the domestic asset/

liability percentage separately for life

insurance companies and property and

liability insurance companies. For the

first taxable year beginning after December 31, 1995, the relevant domestic

asset/liability percentages are:

114.8 percent for foreign life insurance companies, and

170.2 percent for foreign property and

liability insurance companies.

.02 DOMESTIC

INVESTMENT

YIELDS FOR 1996. The Secretary is

required to prescribe separate domestic

investment yields for foreign life insurance companies and for foreign property

and liability insurance companies. For

the first taxable year beginning after

December 31, 1995, the relevant domestic investment yields are:

7.1 percent for foreign life insurance

companies, and

5.7 percent for foreign property and

liability insurance companies.

The domestic investment yields provided in this revenue procedure are

based on tax return data rather than

NAIC statement data.

SEC. 3. APPLICATION —

ESTIMATED TAXES

To compute estimated tax and the

installment payments of estimated tax

due for taxable years beginning after

December 31, 1995, a foreign insurance

company must compute its estimated tax

payments by adding to its income other

than net investment income the greater

of (i) its net investment income as

determined under § 842(b)(5), that is

actually effectively connected with the

conduct of a trade or business within the

United States for the relevant period, or

(ii) the minimum effectively connected

net investment income under § 842(b)

that would result from using the most

recently available domestic asset/liability

percentage and domestic investment

yield. Thus, for installment payments

due after the release of this revenue

procedure, the domestic asset/liability

percentages and the domestic investment

yields provided in this revenue procedure must be used to compute the

minimum effectively connected net in-

26

vestment income. However, if the due

date of an installment is less than 20

days after the date this revenue procedure is published in the Internal Revenue Bulletin, the asset/liability percentages and domestic investment yields

provided in Rev. Proc. 96–23 may be

used to compute the minimum effectively connected net investment income

for such installment. For further guidance in computing estimated tax, see

Notice 89–96.

SEC. 4. EFFECTIVE DATE

This revenue procedure is effective

for taxable years beginning after December 31, 1995.

DRAFTING INFORMATION

The principal author of this revenue

procedure is Ginny Chung of the Office

of the Associate Chief Counsel (International). For further information regarding this revenue procedure, please contact Ms. Chung at (202) 622–3870 (not

a toll-free call), or write to the Internal

Revenue Service, Office of the Associate Chief Counsel (International), 1111

Constitution Avenue, N.W., Washington,

D.C. 20224, Attention: CC:INTL:Br.5,

Room 4562.

Part IV. Items of General Interest

Foundations Status of Certain

Organizations

Announcement 97–9

The following organizations have

failed to establish or have been unable

to maintain their status as public charities or as operating foundations. Accordingly, grantors and contributors may not,

after this date, rely on previous rulings

or designations in the Cumulative List

of Organizations (Publication 78), or on

the presumption arising from the filing

of notices under section 508(b) of the

Code. This listing does not indicate that

the organizations have lost their status

as organizations described in section

501(c)(3), eligible to receive deductible

contributions.

Former Public Charities. The following organizations (which have been

treated as organizations that are not

private foundations described in section

509(a) of the Code) are now classified

as private foundations:

Alabamians for Quality Education, Inc.,

Birmingham, AL

Alpharetta Youth Football Association

Inc., Alpharetta, GA

American CFIDS Chronic Fatigue and

Immune Dysfunction Syndrome

Association Inc., Bartlett, TN

Americus Literacy Action Inc.,

Americus, GA

Antra Incorporated, Miami, FL

Ark-La-Tex Crisis Pregnancy Center

Inc., Shreveport, LA

Art Judaica Educational Foundation,

Oak Park, MI

Association for the Developmentally

Disabled Inc., Cape Coral, FL

Autism Foundation Inc., Vero Beach, FL

Baton Rouge Therapeutic Riding Center

Inc., Baton Rouge, LA

Berkley County Society for Prevention

of Cruelty to Animals, Moncks

Corner, SC

Bible Themes Inc., Red Bay, AL

Building a Dream Inc., Naples, FL

Bulldog Sports Network Inc.,

Birmingham, AL

Cambridge Jets Youth Track Club

Association, Inc., Cambridge, MA

Camp Alpha Inc., Baton Rouge, LA

Chabad Lubavitch of N. Broward &

Palm Beach Counties Inc., Margate,

FL

Charles Willis Ministries Inc., Lake

Charles, LA

Charlotte Genesis Inc., Charlotte, NC

Charlotte HIV AIDS Network Inc., Port

Charlotte, FL

Charlotte IOTA Chapter CHI ETA PHI

Inc., Charlotte, NC

Cher Ami Home Corporation, New

Orleans, LA

Cher Ami Homes Gretna Louisiana Inc.,

New Orleans, LA

Chestnut Street Mens Club Inc.,

Chattanooga, TN

Christopher D. and Elka P. Norton

Foundation of the Arts, Inc., Hobe

Sound, FL

Clayton County BPN Charitable Trust,

Jonesboro, GA

Cliffdale Area Sports Association,

Fayetteville, NC

Common Claws Inc., Plaquemine, LA

Common Ground, Charlotte, NC

Comp Inc., Baton Rouge, LA

Corporate Health Research Inc.,

Danbury, CT

Counseling Clinic Inc., Miami, FL

Coweta County Foster Parents

Association Inc., Newnan, GA

Day Star Christian Ministries, Inc.,

Salisbury, NC

D’Iberville Pee Wee Football League

Inc., D’Iberville, MS

Emmaus Road Outreach Ministries Inc.,

Pensacola, FL

Every Kid of Palm Beach County

Incorporated, West Palm Beach, FL

Faith Ministries Inc., Dalton, GA

Family Renewal Institute Inc., Naples,

FL

Family Resource Center Communities

Inc., Baton Rouge, LA

Family Shelter Inc., Charlotte, NC

First Heritage, Inc., New York, NY

Flagler County Youth Soccer League

Inc., Palm Coast, FL

Florida Keys Marine Sanctuary Inc.,

Marathon, FL

Floridians for Educational Choice

Foundation Inc., Tallahassee, FL

Fragile X Association of Georgia Inc.,

Marietta, GA

Friends of Fort Clinch Inc., Fernandina

Beach, FL

Friends of Murphy Harpst and Vashti

Inc., Atlanta, GA

Friends of the Animal Shelter, Newport,

TN

Georgia Branch of the Orton Dyslexia

Society Inc., Atlanta, GA

Greater Golden Triangle Crime Stoppers

Inc., Columbus, MS

Greenville Junior Chamber Foundation,

Greenville, SC

Incentive Project Inc., New Orleans, LA

27

Indianapolis F I R E Rally Inc.,

Indianapolis, IN

Institute for Southern Culture Inc.,

Atlanta, GA

Interfaith Volunteer Caregiver of

Northeast Georgia Inc., Gainesville,

GA

International Medical Institute Atlanta

Inc., Atlanta, GA

Islamic Society of Triad, Winston

Salem, NC

Isle Piquant Sugar Foundation, Lydia,

LA

Joyland-Highpoint Community Coalition

Inc., Atlanta, GA

Kenwood Place II, Inc., Indianapolis, IN

Laser Documentation, New Orleans, LA

Leadership Monroe Inc., Amory, MS

Lecanto High School Block and Tackle

Booster Club Inc., Lecanto, FL

Le Conte Woodmanston Foundation

Inc., Hinesville, GA

Louisiana the Beautiful Inc., Baton

Rouge, LA

Manatee AIDS Prevention & Support

Inc., Bradenton, FL

Majorie Bingham Foundation Inc.,

Gainesville, FL

Metropolitan Chorale of Miami, Miami,

FL

Miami Artistic Gymnastics Inc., Miami,

FL

Mission Marti: A Cuban National

Renaissance Inc., Miami, FL

MountainMovers, Inc., Glassboro, NJ

National Association of Black Narcotics

Agents, Inc., Detroit, MI

NBC USA Housing INC Eighteen,

Newark, OH

NBC-USA Housing INC Twenty Five,

Newark, OH

Neighborhood Action United Tenants

Association Inc., Fort Walton Beach,

FL

New Orleans Pro Bono Project, New

Orleans, LA

New Orleans Symphony Chamber

Orchestra Society, New Orleans, LA

North Carolina Desert Storm Memorial

Foundation Inc., Charlotte, NC

Northshore High School Band Boosters

Incorporated, Slidell, LA

Northwest Viking Softball Boosters of

Guilford County North Carolina,

Greensboro, NC

Oak Grove Athletic Booster Club Inc.,

Hattiesburg, MS

Ohio Valley Dive Team Inc., Wheeling,

WV

Oops Inc. Our Own Place Inc., Battle

Creek, MI

1997–5

I.R.B.

Orange Mound Development

Corporation, Memphis, TN

Palmetto Lacross Inc., Miami, FL

Pan American Coalition of Welding

Institutions PACWI Inc., Miami, FL

Parent Teen Resource Foundation Inc.,

Tallahassee, FL

Past Commanders Club, Allen Park, MI

Potluck Inc., Little Rock, AR

Pregnancy Helpline of St. Joseph,

Sturgis, MI

Project M A G I C Foundation Inc.,

Atlanta, GA

Pungo Basin Improvement Association

Inc., Belhaven, NC

River Region Recovery Residences Inc.,

New Orleans, LA

Road to Life Ministry, Cleveland, OH

Rock Radio Group, Durham, NC

Ruah, Inc., Manchester, NH

Rugby Public Library and Community

Center, Rugby, TN

1997–5

I.R.B.

St. Peters Centers for Comprehensive

Services Inc., Winston Salem, NC

Sahara Fund Inc., Miami Beach, FL

Second Chance Inc., Mena, AR

Sherman Michael Anderson Trust Inc.,

Hickory, NC

Signal Mountain Youth Basketball

League Inc., Signal Mountain, TN

South Atlanta Civic League II Inc.,

Atlanta, GA

South Florida Affordable Housing

Corporation, West Palm Beach, FL

STBI Corp., Orlando, FL

Submarine Officers Wives Club of

Charleston Inc., Charleston, SC

Subsahara Relief Organization,

N. Kingstown, RI

Tau Alpha Chi Inc., Atlanta, GA

Tax Clinics Inc., Athens, GA

Telephone History Institute, Dublin, CA

28

Washington & Madison County Casa

Inc., Fayetteville, AR

Washington County Actors Community,

Salem, IN

Yo

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

These synopses are intended only as aids to the reader in | Frix