Bulletin No. 1997–46

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Internal Revenue

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Bulletin No. 1997–46

November 17, 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. 97–46, page 00.

Insurance companies; segregated asset accounts. A

life insurance company is not prohibited from transferring

assets other than cash from its general asset account to a

segregated asset account for qualified pension plans. Rev.

Rul. 73–67 revoked.

EMPLOYEE PLANS

Rev. Rul. 97–45, page 00.

Covered compensation tables; 1998. The covered compensation tables for the 1998 calendar year for determining

contributions to defined benefit plans and permitted disparity are set forth.

EXEMPT ORGANIZATIONS

Announcement 97–112, page 00.

A list is provided of organizations now classified as private

foundations.

ADMINISTRATIVE

Notice 97–60, page 00.

Education incentives; credits; interest deduction; individual retirement accounts. Questions and answers are

Finding Lists begin on page 00.

Department of the Treasury

Internal Revenue Service

provided about the Hope Scholarship and Lifetime Learning

Credits, the deduction for student loan interest, Education Individual Retirement Accounts, and other higher education

tax incentives recently enacted by the Taxpayer Relief Act of

1997.

Rev. Proc. 97–52, page 00.

Charitable contributions; business expenses. Guidance is provided on the deductibility, under sections 162

or 170 of the Code, of unreimbursed travel and other outof-pocket expenses incurred by a member of a federal advisory committee while performing services without compensation for the federal government as a member of that

committee.

Announcement 97–113, page 00.

The 1996 Form 3520, Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign

Gifts, is now available for downloading from the IRS home

page.

Announcement 97–114, page 00.

New Form 8023, Election Under Section 338 for Corporations Making Qualified Stock Purchases, will replace Form

8023–A, Corporate Qualified Stock Purchases.

Mission of the Service

ucts and services; and perform in a manner warranting

the highest degree of public confidence in our integrity, efficiency, and fairness.

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 prod-

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 officers 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 courtesy 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.

dures 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, court decisions, rulings, and proce-

The first Bulletin for each month includes a cumulative index

for the matters published during the preceding months.

These monthly indexes are cumulated on a quarterly and

semiannual basis, and are published in the first Bulletin of the

succeeding quarterly and semiannual 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, DC 20402.

3

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

Section 72.—Annuities; Certain

Proceeds of Endowment and

Life Insurance Contracts

Section 401.—Qualified

Pension, Profit-Sharing, And

Stock Bonus Plans

Does the 10 percent additional tax on early withdrawals from individual retirement accounts apply

to early withdrawals used to pay qualified higher education expenses. See Notice 97–60, page 00.

26 CFR 1.401(l)-1: Permitted disparity with

respect to employer-provided contributions or

benefits.

Section 127.—Educational

Assistance Programs

What conditions apply to the extension of taxfree treatment of employer-provided educational assistance under the Taxpayer Relief Act of 1997. See

Notice 97–60, page 00.

Section 170.—Charitable, Etc.,

Contributions and Gifts

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

and gifts; allowance of deduction.

What are the rules for the deductibility, under

§ 162 or 170, of unreimbursed travel and other outof-pocket expenses incurred by a member of a federal advisory committee while performing services

without compensation for the federal government as

a member of that committee. See Rev. Proc. 97–52,

page 00.

Section 221.—Interest on

Education Loans

What are the rules for deducting interest on education loans under section 221, added by the Taxpayer Relief Act of 1997. See Notice 97–60,

page 00.

Covered compensation tables; 1998.

The covered compensation tables for the

1998 calendar year for determining contributions to defined benefit plans and

permitted disparity are set forth.

Rev. Rul. 97–45

This revenue ruling provides tables of

covered compensation under § 401(l)(5)(E) of the Internal Revenue Code (the

“Code”) and the Income Tax Regulations,

thereunder, for the 1998 plan year.

Section 401(l)(5)(E)(i) defines covered

compensation with respect to an employee, as the average of the contribution

and benefit bases in effect under § 230 of

the Social Security Act (the “Act”) for

each year in the 35-year period ending

with the year in which the employee attains social security retirement age.

Section 401(l)(5)(E)(ii) of the Code

states that the determination for any year

preceding the year in which the employee

attains social security retirement age shall

be made by assuming that there is no increase in covered compensation after the

determination year and before the employee attains social security retirement

age.

Section 1.401(l)–1(c)(34) of the regulations defines the taxable wage base as the

contribution and benefit base under § 230

of the Act.

Section 1.401(l)–1(c)(7)(i) defines covered compensation for an employee as the

average (without indexing) of the taxable

wage bases in effect for each calendar

year during the 35-year period ending

with the last day of the calendar year in

which the employee attains (or will attain)

social security retirement age. A 35-year

period is used for all individuals regardless of the year of birth of the individual.

In determining an employee’s covered

compensation for a plan year, the taxable

wage base for all calendar years beginning after the first day of the plan year is

assumed to be the same as the taxable

wage base in effect as of the beginning of

the plan year. An employee’s covered

compensation for a plan year beginning

after the 35-year period applicable under

§ 1.401(l)–1(c)(7)(i) is the employee’s

covered compensation for a plan year during which the 35-year period ends. An

employee’s covered compensation for a

plan year beginning before the 35-year

period applicable under this § 1.401(l)–

1(c)(7)(i) is the taxable wage base in effect as of the beginning of the plan year.

Section 1.401(l)–1(c)(7)(ii) provides

that, for purposes of determining the

amount of an employee’s covered compensation under section 1.401(l)–1(c)(7)(i), a plan may use tables, provided by

the Commissioner, that are developed by

rounding the actual amounts of covered

compensation for different years of birth.

For purposes of determining covered

compensation for the 1998 year the taxable wage base is $68,400.

The following tables provide covered

compensation for 1998:

1998 Covered Compensation Table

Calendar

Year of

Birth

Calendar Year of

Social Security

Retirement Age

1998 Covered

Compensation

1907

1972

$4,488

1908

1973

4,704

1909

1974

5,004

1910

1975

5,316

1911

1976

5,664

1912

1977

6,060

November 17, 1997

4

1997–46 I.R.B.

1998 Covered Compensation Table—Continued

Calendar

Year of

Birth

Calendar Year of

Social Security

Retirement Age

1998 Covered

Compensation

1913

1978

6,480

1914

1979

7,044

1915

1980

7,692

1916

1981

8,460

1917

1982

9,300

1918

1983

10,236

1919

1984

11,232

1920

1985

12,276

1921

1986

13,368

1922

1987

14,520

1923

1988

15,708

1924

1989

16,968

1925

1990

18,312

1926

1991

19,728

1927

1992

21,192

1928

1993

22,716

1929

1994

24,312

1930

1995

25,920

1931

1996

27,576

1932

1997

29,304

1933

1998

31,128

1934

1999

32,940

1935

2000

34,752

1936

2001

36,528

1937

2002

38,292

1938

2004

41,748

1939

2005

43,488

1940

2006

45,216

1941

2007

46,908

1942

2008

48,552

1943

2009

50,136

1944

2010

51,684

1945

2011

53,208

1946

2012

54,684

1947

2013

56,136

1948

2014

57,432

1949

2015

58,644

1950

2016

59,760

5

November 17, 1997

1997–46 I.R.B.

1998 Covered Compensation Table—Continued

Calendar

Year of

Birth

Calendar Year of

Social Security

Retirement Age

1998 Covered

Compensation

1951

2017

60,780

1952

2018

61,716

1953

2019

62,592

1954

2020

63,420

1955

2022

64,872

1956

2023

65,544

1957

2024

66,120

1958

2025

66,612

1959

2026

67,044

1960

2027

67,404

1961

2028

67,716

1962

2029

67,944

1963

2030

68,148

1964

2031

68,304

1965 or later

2032

68,400

1998 Rounded Covered Compensation Table

Year of Birth

Covered Compensation

1933

$30,000

1934

33,000

1935 – 1936

36,000

1937

39,000

1938 – 1939

42,000

1940

45,000

1941 – 1942

48,000

1943 – 1944

51,000

1945 – 1946

54,000

1947 – 1948

57,000

1949 – 1951

60,000

1952 – 1954

63,000

1955 – 1959

66,000

1960 or later

68,400

November 17, 1997

6

1997–46 I.R.B.

Drafting Information

The principal author of this revenue

ruling is Donna Prestia of the Employee

Plans Division. For further information

regarding this notice, call (202) 622-6076

between 2:30 and 3:30 Eastern time (not a

toll free number) Monday thru Thursday.

Ms. Prestia’s number is (202) 622-7377

(also not a toll free number).

Section 529.—Qualified State

Tuition Programs

How have the rules for qualified state tuition programs been changed by the Taxpayer Relief Act of

1997. See Notice 97–60, page 00.

Section 530.—Education

Individual Retirement

Accounts

What are the rules for education individual retirement accounts, as enacted by the Taxpayer Relief

Act of 1997. See Notice 97–60, page 00.

1997–46 I.R.B.

Section 817.—Treatment of

Variable Contracts

26 CFR 1.801–8: Contracts with reserves based on

segregated asset accounts.

A life insurance company is not prohibited from

transferring assets other than cash from its general

asset account to a segregated asset account for qualified pension plans. Rev. Rul. 73–67 is revoked. See

Rev. Rul. 97–46, page 00.

Insurance companies; segregated

asset accounts. A life insurance company

is not prohibited from transferring assets

other than cash from its general asset account to a segregated asset account for

qualified pension plans. Rev. Rul. 73–67

revoked.

EFFECT ON OTHER REVENUE

RULINGS

Rev. Rul. 73–67 is revoked.

DRAFTING INFORMATION

The principal author of this revenue

ruling is Campbell Connell of the Office

of the Assistant Chief Counsel (Financial

Institutions & Products). For further information regarding this revenue ruling

contact Mr. Connell on (202) 622-3970

(not a toll free call).

Rev. Rul. 97–46

Rev. Rul. 73–67, 1973–1 C.B. 330,

held that asset transfers between a life insurance company’s general asset account

and its segregated asset account for qualified pension plans may be made only in

cash. Rev. Rul. 73–67 is hereby revoked.

7

November 17, 1997

Part III. Administrative, Procedural, and Miscellaneous

Education Tax Incentives

Notice 97–60

PURPOSE

The questions and answers contained in

this notice provide guidance on the higher

education tax incentives recently enacted

by the Taxpayer Relief Act of 1997 (Pub.

L. No. 105–34, 111 Stat. 788) (TRA ‘97).

Specifically, TRA ‘97 added § 25A of the

Internal Revenue Code providing the

Hope Scholarship Credit and Lifetime

Learning Credit, § 221 providing a deduction for student loan interest, and § 530

creating Education Individual Retirement

Accounts (“Education IRAs”). TRA ‘97

also amended § 72(t) eliminating the early

withdrawal tax on certain IRA withdrawals, § 127 providing an exclusion

from income for employer-provided educational assistance, and § 529 setting the

requirements for tax-exempt status for

qualified state tuition programs (QSTPs).

These provisions create several new tax

benefits for families who are saving for, or

already paying, higher education costs or

are repaying student loans. In addition,

TRA ‘97 extends the exclusion for employer-provided educational assistance

and makes the rules for qualified state tuition programs more flexible. The following discussion reviews in greater detail the

requirements for each of these benefits.

Whether a taxpayer may take advantage of

these benefits depends on the taxpayer’s

individual facts and circumstances.

DISCUSSION

SECTION 1. THE HOPE

SCHOLARSHIP CREDIT

Beginning January 1, 1998, taxpayers

may be eligible to claim a nonrefundable

Hope Scholarship Credit against their federal income taxes. The Hope Scholarship

Credit may be claimed for the qualified

tuition and related expenses of each student in the taxpayer’s family (i.e., the taxpayer, the taxpayer’s spouse, or an eligible dependent) who is enrolled at least

half-time in one of the first two years of

postsecondary education and who is enrolled in a program leading to a degree,

certificate, or other recognized educa-

November 17, 1997

tional credential. The amount that may be

claimed as a credit is generally equal to:

(1) 100 percent of the first $1,000 of the

taxpayer’s out-of-pocket expenses for

each student’s qualified tuition and related expenses, plus (2) 50 percent of the

next $1,000 of the taxpayer’s out-ofpocket expenses for each student’s qualified tuition and related expenses. Thus,

the maximum credit a taxpayer may claim

for a taxable year is $1,500 multiplied by

the number of students in the family who

meet the enrollment criteria described

above.

The amount a taxpayer may claim as a

Hope Scholarship Credit is gradually reduced for taxpayers who have modified

adjusted gross income between $40,000

($80,000 for married taxpayers filing

jointly) and $50,000 ($100,000 for married taxpayers filing jointly). Taxpayers

with modified adjusted gross income over

$50,000 ($100,000 for married taxpayers

filing jointly) may not claim the Hope

Scholarship Credit. Both the dollar limitation on the expenses for which the credit

may be claimed and the modified adjusted

gross income limitation will be indexed

for inflation in 2002 and years thereafter.

The Hope Scholarship Credit may be

claimed for payments of qualified tuition

and related expenses made on or after

January 1, 1998, for academic periods beginning on or after January 1, 1998.

Therefore, the first time taxpayers will be

able to claim the credit is when they file

their 1998 tax returns in 1999. The Hope

Scholarship Credit is not available for any

amount paid in 1997.

Q1: Who may claim the Hope Scholarship Credit?

A1: An individual paying qualified tuition and related expenses at a postsecondary educational institution

may claim the credit, provided the

student whose expenses are being

paid and the institution meet certain

eligibility requirements.

Q2: May an individual claim a Hope

Scholarship Credit for paying qualified tuition and related expenses for

other family members?

A2: Yes. An individual may claim the

credit for his/her own qualified tuition and related expenses and the

qualified tuition and related ex-

8

penses of his/her spouse and other

eligible dependents (including children) for whom the dependency exemption is claimed. Generally, a

parent may claim the dependency

exemption for his/her unmarried

child if: (1) the parent supplies more

than half the child’s support for the

taxable year, and (2) the child is

under age 19 or is a full-time student

under age 24.

Q3: What are the eligibility requirements

for the student?

A3: A student is eligible for the Hope

Scholarship Credit if: (1) for at least

one academic period (e.g., semester,

trimester, quarter) beginning during

the calendar year, the student is enrolled at least half-time in a program

leading to a degree, certificate, or

other recognized educational credential and is enrolled in one of the first

two years of postsecondary education, and (2) the student is free of

any conviction for a Federal or State

felony offense consisting of the possession or distribution of a controlled

substance. For purposes of the Hope

Scholarship Credit, a student will be

considered to be enrolled at least

half-time if the student is enrolled

for at least half the full-time academic workload for the course of study

the student is pursuing as determined

under the standards of the institution

where the student is enrolled. The

institution’s standard for a full- time

workload must equal or exceed the

standards established by the Department of Education under the Higher

Education Act and set forth in 34

C.F.R. § 674.2(b).

Q4: What are the eligibility requirements

for the institution?

A4: The college, university, vocational

school, or other postsecondary educational institution where the student

is enrolled must be an institution that

is described in section 481 of the

Higher Education Act of 1965 (20

U.S.C. 1088) and, therefore, eligible

to participate in the student aid programs administered by the Department of Education. This category includes virtually all accredited public,

nonprofit, and proprietary postsec-

1997–46 I.R.B.

ondary institutions. (The same eligibility requirements for institutions

apply for the Lifetime Learning

Credit, described in the next section.)

Q5: The Hope Scholarship Credit may be

claimed only for amounts spent on

“qualified tuition and related expenses.” Which expenses are included in qualified tuition and related expenses?

A5: The term “qualified tuition and related expenses” means the tuition

and fees an individual is required to

pay in order to be enrolled at or attend an eligible institution. Amounts

paid for any course or other education involving sports, games, or hobbies are not eligible for the credit,

unless the course or other education

is part of the student’s degree program. Charges and fees associated

with room, board, student activities,

athletics, insurance, books, equipment, transportation, and similar personal, living, or family expenses are

not qualified tuition or related expenses. (The same definition of

“qualified tuition and related expenses” applies for the Lifetime

Learning Credit, described in the

next section.)

Q6: The Hope Scholarship Credit is

available only if a taxpayer’s “modified adjusted gross income” is below

a specified amount. How does a taxpayer know what his/her modified

adjusted gross income is?

A6: For most taxpayers, modified adjusted gross income is the same as

adjusted gross income. Taxpayers

compute adjusted gross income as

part of completing a Federal income

tax return. For those few taxpayers

who earn income abroad or receive

income from certain American territories or possessions, modified adjusted gross income will be greater

than adjusted gross income. In those

cases, the individual’s adjusted gross

income will be increased by: (1) certain amounts that the individual

earns abroad, (2) amounts effectively

connected with the individual’s conduct of a trade or business or derived

from sources in Guam, American

Samoa, or the Northern Mariana Islands (if the individual is a resident

1997–46 I.R.B.

of the possession where the source of

the income is located), and (3)

amounts derived from sources in

Puerto Rico (if the individual is a

Puerto Rican resident). (The same

rules apply for the Lifetime Learning

Credit, described in the next section.)

Q7: May a nonresident alien claim the

Hope Scholarship Credit?

A7: Generally no. There is an exception

for certain nonresident aliens who

are married to U.S. citizens or resident aliens. Nonresident aliens

should consult a U.S. tax advisor to

determine whether the exception applies to them. (The same rules apply

to the Lifetime Learning Credit, described in the next section.)

Q8: Are qualified tuition and related expenses for graduate-level degree

work eligible for the Hope Scholarship Credit?

A8: No. However, the Lifetime Learning

Credit is available for these expenses. (See Sec. 2, Q&A5.)

Q9: May an individual claim a Hope

Scholarship Credit for more than one

family member?

A9: Yes. Furthermore, the credit is calculated on a per student, rather than

a per family, basis. For example, if

an individual whose modified adjusted gross income is $35,000 pays

over $2,000 in qualified tuition and

related expenses for himself and

over $2,000 in qualified tuition and

related expenses for his dependent

child, and both he and his dependent

child meet the eligibility requirements, the individual may claim a

Hope Scholarship Credit of $3,000

(i.e., a credit of $1,500 for his expenses plus a credit of $1,500 for his

child’s expenses).

Q10: May both the parent and a dependent child claim the Hope Scholarship Credit for the child’s qualified

tuition and related expenses in the

same year?

A10: No. Either the parent or the child,

but not both, may claim the credit

for the child’s expenses in a particular year. If an individual claims

the child as a dependent on his/her

Federal income tax return for the

year, only the individual may claim

the Hope Scholarship Credit for the

child’s qualified tuition and related

9

expenses. If no one claims the

child as a dependent on a Federal

income tax return for the year, only

the child may claim the Hope

Scholarship Credit for the child’s

expenses. (The same rules relating

to individuals and dependents apply

for the Lifetime Learning Credit,

described in the next section.)

Q11: If a married taxpayer files a separate return, may the taxpayer claim

a Hope Scholarship Credit on

his/her income tax return?

A11: No. Married taxpayers may claim

the credit only if the taxpayer and

the taxpayer’s spouse file a joint return for the taxable year. (The same

rules apply for the Lifetime Learning Credit, described in the next

section.)

Q12: How does a parent claim a Hope

Scholarship Credit for the qualified

tuition and related expenses of a dependent child?

A12: The parent may claim the credit on

his/her tax return even if the child

files his/her own tax return. When

a child is claimed as a dependent on

a parent’s return, any qualified tuition or related expenses paid by the

child during the year are treated as

if the parent had paid them. Therefore, these expenses are included in

calculating the parent’s Hope

Scholarship Credit. A child may

not claim a Hope Scholarship

Credit on his/her tax return for a

particular year if the child’s parent

claims the child as a dependent in

that same year. (The same rules

apply for the Lifetime Learning

Credit, described in the next section.)

Q13: What is the maximum Hope Scholarship Credit a taxpayer may claim

for an eligible student?

A13: Until 2002 (when the dollar limitations are indexed for inflation), for

each student who meets the eligibility requirements, the credit amount

is 100 percent of the first $1,000 of

the taxpayer’s out-of-pocket expenses for qualified tuition and related expenses, plus 50 percent of

the next $1,000 of the taxpayer’s

out-of-pocket expenses for qualified tuition and related expenses.

Therefore, the maximum credit

November 17, 1997

amount for the expenses of an eligible student is $1,500. If the taxpayer is claiming a credit for more

than one person, the credit amount

for each student in the taxpayer’s

family is added together to determine the maximum total credit the

taxpayer may claim.

Q14: The amount a taxpayer may claim

as a Hope Scholarship Credit is

gradually reduced for taxpayers

with modified adjusted gross income between $40,000 and

$50,000 (between $80,000 and

$100,000 for married taxpayers filing jointly). How does this reduction work?

A14: The reduction works on a sliding

scale that reflects where the taxpayer’s modified adjusted gross income is in the phase-out range. For

example, until 2002 (when the dollar limitations on the credit and the

income ranges are indexed for inflation), if an eligible student (who

is not anyone’s dependent for tax

purposes) pays $2,000 or more in

qualified tuition and related expenses in a particular year, and the

student’s modified adjusted gross

income for the year is $45,000 (half

way along the $10,000 phase-out

range), the credit amount for the

student is limited to $750. By contrast, if the same student’s modified

adjusted gross income was

$35,000, the credit amount for the

student would be the maximum

$1,500.

Q15: How does a taxpayer claim the

Hope Scholarship Credit?

A15: The first year that the credit will be

available is 1998. Thus, taxpayers

will not be able to claim the credit

until they file their 1998 tax returns

in 1999. Instructions accompanying

the 1998 tax forms (for returns required to be filed in 1999) will explain how to calculate the credit and

how to claim it on the tax return.

Q16: Is there a limit to the number of

times a taxpayer may claim the

Hope Scholarship Credit for each

student?

A16: Yes. The credit may be claimed in

no more than two years for each

student. Thus, for example, a couple with a child who starts as a

November 17, 1997

freshman in the fall of 1998, continues as a sophomore in 1999, and

meets the eligibility requirements

may claim the credit for their

child’s expenses in 1998 and again

in 1999. After 1999, neither the

parents, the student, nor anyone

else may claim any additional Hope

Scholarship Credits for this student’s qualified tuition and related

expenses. However, in 2000 and

thereafter, the Lifetime Learning

Credit may be available for this

child’s expenses. Furthermore, if

the couple has another child who

starts as a freshman in the fall of

1999, the couple may claim the

Hope Scholarship Credit for that

child’s expenses in 1999 and one

additional year.

Q17: May an individual claim both the

Hope Scholarship Credit and the

Lifetime Learning Credit for a student’s expenses in a single taxable

year?

A17: No. For each year in which a student meets the eligibility requirements for the Hope Scholarship

Credit, the student’s expenses may

be used as the basis for a Hope

Scholarship Credit or a Lifetime

Learning Credit, but not both. If,

for example, an eligible student

pays more than $2,000 in qualified

tuition and related expenses during

the calendar year, the student (or the

individual claiming the student as a

dependent) may not claim the Hope

Scholarship Credit for the first

$2,000 of expenses and the Lifetime

Learning Credit for the rest.

Q18: If a couple has two children, one

who is a freshman and one who is a

junior, may the couple claim a

Hope Scholarship Credit for the

freshman’s expenses and a Lifetime

Learning Credit for the junior’s expenses?

A18: Yes. Assuming the applicable eligibility requirements have been met

for each credit, a taxpayer may

claim the Hope Scholarship Credit

for one student’s expenses and the

Lifetime Learning Credit for another student’s expenses in the

same year.

Q19: May a parent or student claim a

Hope Scholarship Credit for tuition

10

paid in advance of when the academic period begins?

A19: Generally, the credit is available

only for payments of qualified tuition and related expenses that

cover an academic period beginning in the same calendar year as

the payment is made. (An academic period begins on the first day

of classes, and does not include periods of orientation, counseling, or

vacation.) An exception, however,

allows a parent or student to claim a

Hope Scholarship Credit for payments of qualified tuition and related expenses made during the calendar year to cover an academic

period that begins in January, February, or March of the following

taxable year. Because the Hope

Scholarship Credit does not apply

to expenses paid before January 1,

1998, this exception does not apply

to tuition paid in 1997 to cover academic periods beginning in 1998.

Q20: If a student (who is not claimed as a

dependent on anyone’s Federal income tax return) pays qualified tuition and related expenses using a

combination of a Pell Grant, a loan,

a gift from a family member, and

some personal savings, what expenses may be taken into account in

calculating the Hope Scholarship

Credit the student may claim?

A20: The student may take into account

only “out-of-pocket” expenses in

calculating the credit. Qualified tuition and related expenses paid with

the student’s earnings, a loan, a gift,

an inheritance, or personal savings

(including savings from a qualified

state tuition program) are taken into

account in calculating the credit

amount. However, qualified tuition

and related expenses paid with a

Pell Grant or other tax-free scholarship, a tax-free distribution from an

Education IRA, or tax-free employer-provided educational assistance are not taken into account in

calculating the credit amount. (The

same rules apply for the Lifetime

Learning Credit, described in the

next section.)

Q21: May a student’s parents claim the

Hope Scholarship Credit for the

student’s expenses for a taxable

1997–46 I.R.B.

year in which the student takes

money out of an Education IRA on

a tax-free basis?

A21: No. If a student is receiving a taxfree distribution from an Education

IRA in a particular taxable year,

none of that student’s expenses may

be claimed as the basis for a Hope

Scholarship Credit for that taxable

year. However, the student may

waive the tax-free treatment of the

Education IRA distribution and

elect to pay any tax that would otherwise be owed on the Education

IRA distributions received in any

taxable year so that the student or

the student’s parents may claim a

Hope Scholarship Credit for expenses paid in the same year the Education IRA distributions are received.

SECTION 2. LIFETIME LEARNING

CREDIT

Beginning on July 1, 1998, taxpayers

may be eligible to claim a nonrefundable

Lifetime Learning Credit against their

federal income taxes. The Lifetime

Learning Credit may be claimed for the

qualified tuition and related expenses of

the students in the taxpayer’s family (i.e.,

the taxpayer, the taxpayer’s spouse, or an

eligible dependent) who are enrolled in

eligible educational institutions. Through

2002, the amount that may be claimed as

a credit is equal to 20 percent of the taxpayer’s first $5,000 of out-of-pocket qualified tuition and related expenses for all

the students in the family. After 2002, the

credit amount is equal to 20 percent of the

taxpayer’s first $10,000 of out-of-pocket

qualified tuition and related expenses.

Thus, the maximum credit a taxpayer may

claim for a taxable year is $1,000 through

2002 and $2,000 thereafter. These

amounts are not indexed for inflation.

If the taxpayer is claiming a Hope

Scholarship Credit for a particular student,

none of that student’s expenses for that

year may be applied toward the Lifetime

Learning Credit. The amount a taxpayer

may claim as a Lifetime Learning Credit is

gradually reduced for taxpayers who have

modified adjusted gross income between

$40,000 ($80,000 for married taxpayers

filing jointly) and $50,000 ($100,000 for

married taxpayers filing jointly). Taxpayers with modified adjusted gross income

1997–46 I.R.B.

over $50,000 ($100,000 for married taxpayers filing jointly) may not claim a Lifetime Learning Credit. The modified adjusted gross income limitation will be

indexed for inflation in 2002 and years

thereafter. The definition of modified adjusted gross income is the same as it is for

purposes of the Hope Scholarship Credit.

(See Sec. 1, Q&A6.)

The Lifetime Learning Credit may be

claimed for payments of qualified tuition

and related expenses made on or after

July 1, 1998, for academic periods beginning on or after July 1, 1998. Therefore,

the first time taxpayers will be able to

claim the credit will be when they file

their 1998 tax returns in 1999. The Lifetime Learning Credit is not available for

any amount paid in 1997.

Q1: Who may claim the Lifetime Learning Credit?

A1: An individual paying qualified tuition and related expenses at a postsecondary educational institution

may claim the credit, provided the

institution is an eligible educational

institution. Unlike the Hope Scholarship Credit, students are not required to be enrolled at least halftime in one of the first two years of

postsecondary education. Nonresident aliens generally are not eligible

to claim the Lifetime Learning

Credit. (See Sec. 1, Q&A7.)

Q2: May an individual claim a Lifetime

Learning Credit for paying qualified

tuition and related expenses for other

family members?

A2: Yes. An individual may claim the

credit for his/her own qualified tuition and related expenses and the

qualified tuition and related expenses of his/her spouse and other

eligible dependents (including children) for whom the dependency exemption is allowed. Generally, a

parent may claim the dependency

exemption for his/her unmarried

child if: (1) the parent supplies more

than half the child’s support for the

taxable year, and (2) the child is

under age 19 or is a full-time student

under age 24.

Q3: What are the eligibility requirements

for the institution?

A3: They are the same requirements that

apply for the Hope Scholarship

Credit. (See Sec. 1, Q&A4.)

11

Q4: Is the Lifetime Learning Credit

available for a student taking only

one course?

A4: Yes. For example, a student who has

just graduated from high school and is

taking a single course at a community

college may claim the Lifetime Learning Credit if the student comes within

the income limits and is not claimed as

a dependent by someone else.

Q5: Are qualified tuition and related expenses for graduate- level education

eligible for the Lifetime Learning

Credit?

A5: Yes.

Q6: May an individual claim a Lifetime

Learning Credit for more than one

family member?

A6: Yes. However, unlike the Hope

Scholarship Credit, the Lifetime

Learning Credit is calculated on a

per family, rather than a per student,

basis. Therefore, the maximum

available credit does not vary with

the number of students in the family.

For example, if in 1999 a married individual whose modified adjusted

gross income is $35,000 pays $5,000

of qualified tuition and related expenses to attend an eligible educational institution, the individual may

claim a $1,000 Lifetime Learning

Credit. If in the same year the individual also pays another $2,000 in

qualified tuition and related expenses for his spouse to attend an eligible educational institution, the individual’s Lifetime Learning Credit

is still $1,000.

Q7: May both the parent and a dependent

child claim the Lifetime Learning

Credit for the child’s qualified tuition and related expenses in the

same year?

A7: No. Either the parent or the child,

but not both, may claim the credit for

the child’s expenses in a particular

year. If an individual claims the

child as a dependent on his/her Federal income tax return for the year,

only the individual may claim the

Lifetime Learning Credit for the

child’s qualified tuition and related

expenses. If no one claims the child

as a dependent on a Federal income

tax return for the year, only the child

may claim the Lifetime Learning

Credit for the child’s expenses.

November 17, 1997

Q8: How does a parent claim a Lifetime

Learning Credit for the qualified tuition and related expenses of a dependent child?

A8: The parent may claim the credit on

his/her Federal income tax return

even if the child files his/her own tax

return. When a child is claimed as a

dependent on the parent’s return, any

qualified tuition and related expenses paid by the child during the

year are treated as if the parent had

paid them and, therefore, are included in calculating the parent’s

Lifetime Learning Credit. A child

may not claim a Lifetime Learning

Credit on his/her tax return for any

year if the child’s parent claims the

child as a dependent in that same

year. Also, a married taxpayer who

does not file a joint return is not eligible to claim the Lifetime Learning

Credit. (See Sec. 1, Q&A11.)

Q9: What is the maximum Lifetime

Learning Credit a taxpayer may

claim?

A9: The credit is equal to 20 percent of

the taxpayer’s out-of-pocket expenses for qualified tuition and related expenses of all eligible family

members, up to a maximum of

$5,000 in expenses annually through

2002. Thus, the maximum Lifetime

Learning Credit a taxpayer may

claim through 2002 is $1,000. After

2002, the credit is equal to 20 percent of the taxpayer’s out-of-pocket

expenses up to a maximum of

$10,000 in expenses. Thus, the maximum Lifetime Learning Credit a

taxpayer may claim after 2002 is

$2,000. The maximum credit does

not change even if the taxpayer is

claiming a credit for the expenses of

more than one student in the family.

Q10: What does the term “qualified tuition and related expenses” mean

for purposes of the Lifetime Learning Credit?

A10: The term “qualified tuition and related expenses” for purposes of the

Lifetime Learning Credit has the

same meaning as it does for purposes of the Hope Scholarship

Credit. (See Sec. 1, Q&A5.)

Q11: If a student (who is not claimed as a

dependent on anyone’s Federal income tax return) pays qualified tu-

November 17, 1997

ition and related expenses using a

combination of a Pell Grant, a loan,

a gift from a family member, and

some personal savings, what expenses may be taken into account in

calculating the Lifetime Learning

Credit the student may claim?

A11: The student may take into account

only “out-of-pocket” expenses in

calculating the Lifetime Learning

Credit. Qualified tuition and related expenses paid with the student’s earnings, a loan, a gift, an inheritance, or personal savings

(including savings from a qualified

state tuition program) are taken into

account in calculating the credit

amount. However, qualified tuition

and related expenses paid with a

Pell Grant or other tax-free scholarship, a tax-free distribution from an

Education IRA, or tax-free employer-provided educational assistance are not taken into account in

calculating the credit amount.

Q12: How does a taxpayer claim the

Lifetime Learning Credit?

A12: The first year that the credit will be

available is 1998. Taxpayers will

not be able to claim the credit until

they file their 1998 returns in 1999.

Instructions accompanying the

1998 tax forms (for returns required

to be filed in 1999) will explain

how to calculate the credit and how

to claim it on the tax return.

Q13: Is there a limit on the number of

years in which a Lifetime Learning

Credit may be claimed, as there is

for the Hope Scholarship Credit?

A13: No. Unlike the Hope Scholarship

Credit, there is no limit to the number of years in which a Lifetime

Learning Credit may be claimed for

each student. Thus, for example, an

individual who enrolls in one college-level class every year would

be able to claim the Lifetime Learning Credit for an unlimited number

of years, provided the individual

meets the income limits and is taking the classes at institutions that

meet the eligibility requirements.

(See Q&A3 in this section.)

Q14: May a parent or student claim a

Lifetime Learning Credit for tuition

paid in advance of when the academic period begins?

12

A14: Generally, the credit is available

only for payments of qualified tuition and related expenses that

cover an academic period beginning in the same calendar year as

the year in which payment is made.

(An academic period begins on the

first day of classes, and does not include periods of orientation, counseling, or vacation.) An exception,

however, allows a parent or student

to claim a Lifetime Learning Credit

for payments of qualified tuition

and related expenses made during

the calendar year to cover an academic period that begins in January,

February, or March of the following

taxable year. Because the Lifetime

Learning Credit does not apply to

expenses paid before July 1, 1998,

this exception does not apply to tuition paid before that date to cover

academic periods beginning before

or after that date.

Q15: May a student or a student’s parents

take the Lifetime Learning Credit

for the student’s expenses in a taxable year in which the student takes

money out of an Education IRA on

a tax-free basis?

A15: No. If a student is receiving a taxfree distribution from an Education

IRA in a particular taxable year,

none of that student’s expenses may

be claimed as the basis for a Lifetime Learning Credit for that year.

However, the student may waive

the tax-free treatment of the Education IRA distribution and elect to

pay any tax that would otherwise be

owed on the Education IRA distributions so that the student or the student’s parents may claim a Lifetime

Learning Credit for expenses paid

in the same year the Education IRA

distributions are received.

SECTION 3. EDUCATION IRAs

Beginning January 1, 1998, taxpayers

may deposit up to $500 per year into an

Education IRA for a child under age 18.

Parents, grandparents, other family members, friends, and a child him/herself may

contribute to the child’s Education IRA,

provided that the total contributions for

the child during the taxable year do not

exceed the $500 limit. Amounts deposited

in the account grow tax-free until distrib-

1997–46 I.R.B.

uted, and the child will not owe tax on any

withdrawal from the account if the child’s

qualified higher education expenses at an

eligible educational institution for the year

equal or exceed the amount of the withdrawal. If the child does not need the

money for postsecondary education, the

account balance can be rolled over to the

Education IRA of certain family members

who can use it for their higher education.

Amounts withdrawn from an Education

IRA that exceed the child’s qualified

higher education expenses in a taxable

year are generally subject to income tax

and to an additional tax of 10 percent. The

Hope Scholarship Credit and Lifetime

Learning Credit may not be claimed for a

student’s expenses in a taxable year in

which the student takes a tax-free withdrawal from an Education IRA.

Q1: What is an Education IRA?

A1: An Education IRA is a trust or custodial account that is created or organized in the United States exclusively for the purpose of paying the

qualified higher education expenses

of the designated beneficiary of the

account. The account must be designated as an Education IRA when it is

created in order to be treated as an

Education IRA for tax purposes.

Q2: For whom may an Education IRA be

established?

A2: An Education IRA may be established for the benefit of any child

under age 18. Contributions to the

Education IRA will not be accepted

after the designated beneficiary

reaches his/her 18th birthday.

Q3: Where may an individual open an

Education IRA?

A3: An individual may open an Education IRA with any bank, or other entity that has been approved to serve

as a nonbank trustee or custodian of

an individual retirement account

(IRA), and the bank or entity is offering Education IRAs. Other entities that wish to offer Education

IRAs but are not approved to serve

as IRA trustees or custodians may

seek approval by following the same

IRS procedures used for approval of

other IRA nonbank trustees. See

Notice 97–57, 1997–43 I.R.B. 19

(October 27, 1997).

Q4: When may a taxpayer start contributing to an Education IRA for a child?

1997–46 I.R.B.

A4: A taxpayer may start making contributions on January 1, 1998, or at any

time thereafter.

Q5: How much may be contributed to a

child’s Education IRA?

A5: Up to $500 per year in aggregate

contributions may be made for the

benefit of any child. The contributions may be placed in a single Education IRA or in multiple Education

IRAs.

Q6: What happens if more than $500 is

contributed to an Education IRA on

behalf of a child in a calendar year?

A6: Aggregate contributions for the benefit of a particular child in excess of

$500 for a calendar year are treated

as excess contributions. If the excess contributions (and any earnings

attributable to them) are not withdrawn from the child’s account (or

accounts) before the tax return for

the year is due, the excess contributions are subject to a 6 percent excise

tax for each year the excess amount

remains in the account.

Q7: May contributions other than cash be

made to a child’s Education IRA?

A7: No. Education IRAs are permitted

to accept contributions made in cash

only.

Q8: May contributors take a deduction

for contributions made to an Education IRA?

A8: No.

Q9: Are there any restrictions on who

can contribute to an Education IRA?

A9: Any individual may contribute up to

$500 to a child’s Education IRA if

the individual’s modified adjusted

gross income for the taxable year is

no more than $95,000 ($150,000 for

married taxpayers filing jointly).

(See Sec. 1, Q&A6 for a description

of modified adjusted gross income.)

The $500 maximum contribution per

child is gradually reduced for individuals with modified adjusted gross

income between $95,000 and

$110,000 (between $150,000 and

$160,000 for married taxpayers filing jointly). For example, an unmarried taxpayer with modified adjusted

gross income of $96,500 in a taxable

year could make a maximum contribution per child of $450 for that

year. Taxpayers with modified adjusted gross income above $110,000

13

($160,000 for married taxpayers filing jointly) cannot make contributions to anyone’s Education IRA.

Q10: May a child contribute to his/her

own Education IRA?

A10: Yes.

Q11: Does a taxpayer have to be related

to the designated beneficiary in

order to contribute to the designated beneficiary’s Education IRA?

A11: No.

Q12: How many Education IRAs may a

child have?

A12: There is no limit on the number of

Education IRAs that may be established designating a particular child

as beneficiary. However, in any

given taxable year the total aggregate contributions to all the accounts designating a particular

child as beneficiary may not exceed

$500.

Q13: May a designated beneficiary take a

tax-free withdrawal from an Education IRA to pay qualified higher education expenses if the designated

beneficiary is enrolled less than

full-time at an eligible educational

institution?

A13: Yes. Whether the designated beneficiary is enrolled full- time, halftime, or less than half-time, he/she

may take a tax-free withdrawal to

pay qualified higher education expenses.

Q14: What happens when a designated

beneficiary withdraws assets from

an Education IRA to pay for college?

A14: Generally, the withdrawal is taxfree to the designated beneficiary to

the extent the amount of the withdrawal does not exceed the designated beneficiary’s qualified higher

education expenses.

Q15: What are “qualified higher education expenses”?

A15: “Qualified higher education expenses” mean expenses for tuition,

fees, books, supplies, and equipment required for the enrollment or

attendance of the designated beneficiary at an eligible educational institution. Qualified higher education expenses also include amounts

contributed to a qualified state tuition program. Qualified higher education expenses also include room

November 17, 1997

and board (generally the school’s

posted room and board charge, or

$2,500 per year for students living

off-campus and not at home) if the

designated beneficiary is at least a

half-time student at an eligible educational institution. The standards

for determining whether a student

is enrolled at least half-time are the

same as those used for the Hope

Scholarship Credit. (See Sec. 1,

Q&A3.)

Q16: What is an eligible educational institution?

A16: An eligible educational institution

is any college, university, vocational school, or other postsecondary educational institution that

is described in section 481 of the

Higher Education Act of 1965 (20

U.S.C. 1088) and, therefore, eligible to participate in the student aid

programs administered by the Department of Education. This category includes virtually all accredited public, nonprofit, and

proprietary postsecondary institutions. (The same eligibility requirements for institutions apply

for the Hope Scholarship Credit,

the Lifetime Learning Credit, and

early withdrawals from IRAs for

qualified higher education expenses. (See Sec. 1, Q&A4, Sec. 2,

Q&A3, and Sec. 4, Q&A2.))

Q17: What happens if a designated beneficiary withdraws an amount from

an Education IRA but does not have

any qualified higher education expenses to pay in the taxable year

he/she makes the withdrawal?

A17: Generally, if a designated beneficiary withdraws an amount from an

Education IRA and does not have

any qualified higher education expenses during the taxable year, a

portion of the distribution is taxable. The taxable portion is the

portion that represents earnings that

have accumulated tax-free in the

account. The taxable portion of the

distribution is also subject to a 10

percent additional tax unless an exception applies.

Q18: Is a distribution from an Education

IRA taxable if the distribution is

contributed to another Education

IRA?

November 17, 1997

A18: Any amount distributed from an

Education IRA and rolled over to

another Education IRA for the benefit of the same designated beneficiary or certain members of the designated beneficiary’s family is not

taxable. An amount is rolled over if

it is paid to another Education IRA

on a date within 60 days after the

date of the distribution. Members

of the designated beneficiary’s family include the designated beneficiary’s children and their descendants, stepchildren and their

descendants, siblings and their children, parents and grandparents,

stepparents, and spouses of all the

foregoing. The $500 annual contribution limit to Education IRAs

does not apply to these rollover

contributions. For example, an

older brother who has $2,000 left in

his Education IRA after he graduates from college can roll over the

full $2,000 balance to an Education

IRA for his younger sister who is

still in high school without paying

any tax on the transfer.

Q19: What happens to the assets remaining in an Education IRA after the

designated beneficiary finishes

his/her postsecondary education?

A19: There are two options. The amount

remaining in the account may be

withdrawn for the designated beneficiary. The designated beneficiary

will be subject to both income tax

and the additional 10 percent tax on

the portion of the amount withdrawn

that represents earnings if the designated beneficiary does not have any

qualified higher education expenses

in the same taxable year he/she

makes the withdrawal. Alternatively, if the amount in the designated beneficiary’s Education IRA is

withdrawn and rolled over (as described in Q&A18 of this section) to

another Education IRA for the benefit of a member of the designated

beneficiary’s family, the amount

rolled over will not be taxable.

Q20: Rather than rolling over money

from one Education IRA to another,

may the designated beneficiary of

the account be changed from one

child to another without triggering

a tax?

14

A20: Yes, provided: (1) the terms of the

particular trust or custodial account

permit a change in designated beneficiaries (each trustee or custodian

will control whether options like

this one are available in the accounts they offer), and (2) the new

designated beneficiary is a member

of the previous designated beneficiary’s family. (See Q&A18 in this

section).

Q21: May a student or the student’s parents claim the Hope Scholarship

Credit or Lifetime Learning Credit

for the student’s expenses in a taxable year in which the student receives money from an Education

IRA on a tax-free basis?

A21: No. If a student is receiving a taxfree distribution from an Education

IRA in a particular taxable year,

none of that student’s expenses may

be claimed as the basis for a Hope

Scholarship Credit or Lifetime

Learning Credit for that year.

However, the student may waive

the tax-free treatment of the Education IRA distribution and elect to

pay any tax that would otherwise be

owed on an Education IRA distribution so that the student or the student’s parents may claim a Hope

Scholarship Credit or Lifetime

Learning Credit for expenses paid

in the same year the Education IRA

distributions are received.

Q22: May contributions be made to both

a qualified state tuition program

and an Education IRA on behalf of

the same designated beneficiary in

the same taxable year?

A22: No. Any amount contributed to an

Education IRA on behalf of a designated beneficiary during any taxable year in which an amount is

also contributed to a qualified state

tuition program on behalf of the

same beneficiary will be treated as

an excess contribution to the Education IRA. (See Q&A6 in this

section for the treatment of excess

contributions.)

SECTION 4. USING IRA

WITHDRAWALS TO PAY HIGHER

EDUCATION EXPENSES

Beginning January 1, 1998, a taxpayer

may make withdrawals from an individ-

1997–46 I.R.B.

ual retirement account (IRA) to pay the

qualified higher education expenses for

the taxpayer, the taxpayer’s spouse, or the

child or grandchild of the taxpayer or taxpayer’s spouse at an eligible educational

institution. The taxpayer will owe federal

income tax on the amount withdrawn, but

will not be subject to the 10 percent early

withdrawal tax that applies when amounts

are withdrawn from an individual retirement account before the account holder

reaches age 591⁄2.

Q1: When can an individual first make a

withdrawal from an IRA to pay for

qualified higher education expenses

without paying the 10 percent early

withdrawal tax?

A1: On or after January 1, 1998, an individual can make withdrawals from

his/her IRA to pay for qualified

higher education expenses for academic periods beginning on or after January 1, 1998, without paying the 10

percent early withdrawal tax. See

Notice 97–53, 1997–40 I.R.B. 6 (October 6, 1997). The 10 percent early

withdrawal tax does not apply to a

distribution from an IRA to the extent

that the amount of the distribution

does not exceed the qualified higher

education expenses during the taxable

year for the taxpayer, the taxpayer’s

spouse, and the child or grandchild of

the taxpayer or the taxpayer’s spouse

at an eligible educational institution.

For purposes of this rule, the term

“qualified higher education expenses”

means tuition, fees, books, supplies,

and equipment required for the enrollment or attendance of the student at

an eligible educational institution.

Qualified higher education expenses

also include room and board if the

student is enrolled at least half-time.

Qualified higher education expenses

paid with an individual’s earnings, a

loan, a gift, an inheritance given to the

student or the individual making the

withdrawal, or personal savings (including savings from a qualified state

tuition program) are included in determining the amount of the IRA withdrawal which is not subject to the 10

percent early withdrawal tax. Qualified higher education expenses paid

with a Pell Grant or other tax-free

scholarship, a tax-free distribution

from an Education IRA, or tax-free

1997–46 I.R.B.

employer-provided educational assistance are excluded.

Q2: What are the requirements for an “eligible educational institution”.

A2: An “eligible educational institution”

is any college, university, vocational

school, or other postsecondary educational institution that is described

in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)

and, therefore, eligible to participate

in the student aid programs administered by the Department of Education. This category includes virtually all accredited public, nonprofit,

and proprietary postsecondary institutions. (The same eligibility requirements for institutions apply for

the Hope Scholarship Credit, the

Lifetime Learning Credit, and Education IRAs. (See Sec. 1, Q&A4,

Sec. 2, Q&A3, and Sec. 3, Q&A16.))

Q3: When are IRA withdrawals usually

subject to the 10 percent early withdrawal tax?

A3: Generally, if a taxpayer makes a

withdrawal from his/her IRA before

reaching age 591⁄2, the taxpayer must

pay the 10 percent early withdrawal

tax on all or part of the amount withdrawn.

Q4: In addition to the Education IRA,

TRA ‘97 also created the Roth IRA.

May a taxpayer make a withdrawal

from a Roth IRA to pay for his/her

child’s qualified higher education

expenses without paying the 10 percent early withdrawal tax?

A4: Yes. A taxpayer may make a withdrawal from a Roth IRA, as they can

from other IRAs, to pay qualified

higher education expenses without

paying the 10 percent early withdrawal tax.

SECTION. 5. STUDENT LOAN

INTEREST DEDUCTION

Beginning January 1, 1998, taxpayers

who have taken loans to pay the cost of

attending an eligible educational institution for themselves, their spouse, or their

dependent generally may deduct interest

they pay on these student loans. The

maximum deduction each taxpayer is permitted to take increases from $1,000 in

1998 to $2,500 in 2001 and thereafter.

The following table summarizes the

yearly increases.

15

Year

Maximum Deduction

1998

1999

2000

2001 and thereafter

$1,000

$1,500

$2,000

$2,500

The deduction is available only for interest payments made during the first 60

months in which interest payments are required on the loan. The student loan interest deduction is available for interest

payments due and made on or after January 1, 1998. Thus, the first time taxpayers

will be able to claim the deduction is

when they file their 1998 tax returns in

1999. No student loan interest deduction

will be allowed for interest due or paid

before 1998.

Q1: Are there any limits on what qualifies as a student loan?

A1: Yes. The loan must have been used

to pay the costs of attendance at an

eligible educational institution for a

student enrolled at least half-time in

a program leading to a degree, certificate, or other recognized educational credential. An eligible educational institution is any college,

university, vocational school, or

other postsecondary educational institution that is described in section

481 of the Higher Education Act of

1965 (20 U.S.C. 1088) and, therefore, eligible to participate in the student aid programs administered by

the Department of Education. This

category includes virtually all accredited public, nonprofit, and proprietary postsecondary institutions.

For purposes of the student loan interest deduction, eligible educational

institutions also include institutions

that conduct an internship or residency program leading to a degree or

certificate awarded by an institution

of higher education, a hospital, or a

health care facility that offers postgraduate training.

Q2: Is a student loan interest deduction

available if the student loan is not

federally guaranteed or otherwise

subsidized?

A2: Yes. As long as the loan was used to

pay the costs of attendance at an eligible educational institution and the

other eligibility requirements are

met, the deduction is available for

the interest on the loan. The deduc-

November 17, 1997

tion does not depend on whether the

loan is federally guaranteed or subsidized.

Q3: What costs are included in the costs

of attendance?

A3: Costs of attendance include all items

that are included in costs of attendance for purposes of calculating a

student’s financial need in accordance with the Higher Education

Act. Thus, they include tuition, fees,

room, board, books, equipment, and

other necessary expenses, such as

transportation. Costs of attendance

include more items than are included

in qualified tuition and related expenses for purposes of the Hope

Scholarship and Lifetime Learning

Credits. (See Sec. 1, Q&A5 and Sec.

2, Q&A10.)

Q4: Is the deduction available for interest

paid on loans used to pay for graduate school?

A4: Yes.

Q5: Are there any limits on who may

take the student loan interest deduction?

A5: Yes, there are income restrictions.

To claim the maximum deduction, a

taxpayer must have modified adjusted gross income of $40,000 or

less ($60,000 for married taxpayers

filing jointly). The amount of the

taxpayer’s deduction is gradually reduced for taxpayers with modified

adjusted gross income between

$40,000 and $55,000 (between

$60,000 and $75,000 for married

taxpayers filing jointly). For example, for 1998, the maximum deduction a single taxpayer with modified

adjusted gross income of $47,500

could take would be $500. Taxpayers with modified adjusted gross income above $55,000 ($75,000 for

married taxpayers filing jointly) may

not claim the student loan interest

deduction. The modified adjusted

gross income limitations are indexed

for inflation after 2002.

Q6: May former students whose loans

are already in repayment deduct the

interest they pay on a student loan on

or after January 1, 1998?

A6: Yes, but they may deduct only those

payments made during the first 60

months that interest payments are required on a loan. If interest pay-

November 17, 1997

ments on a student loan were first required before January 1, 1998, the

months in which those payments

were required count against the 60month time limit for that loan. The

60-month period may run out at different times for different loans.

Q7: May a parent claim the student loan

interest deduction if the parent borrows to pay his/her child’s costs of

attending college?

A7: Yes. An individual may claim the

student loan interest deduction if the

individual borrows money to pay the

costs of attending college for certain

members of the individual’s family

or household (including his/her children) and incurs the debt in a year in

which the individual supplies more

than half of the student’s support.

Q8: If an individual has paid more than

$1,000 in interest on student loans in

1998 and is otherwise eligible to take

the maximum student loan interest

deduction, how large a deduction

may the individual claim?

A8: The individual’s student loan interest

deduction for 1998 is $1,000, provided the individual’s modified adjusted gross income falls below the

point where the deduction is reduced

or eliminated.

Q9: Does an individual have to itemize

his/her income tax deductions to

claim the student loan interest deduction?

A9: No. The student loan interest deduction is available regardless of

whether an individual elects to take

the standard deduction or to itemize

deductions. Instructions accompanying the 1998 tax forms (for returns

required to be filed in 1999) will explain how to compute and claim the

deduction.

Q10: If a student is claimed as a dependent by his/her parent in a particular taxable year, may the student

take the student loan interest deduction for student loan interest that

he/she pays in that year?

A10: No. The student may not claim the

student loan interest deduction in

any taxable year in which he/she is

claimed as a dependent on another

taxpayer’s Federal income tax return. However, if the student continues to pay interest on a student

16

loan and meets the other eligibility

requirements, the student may

claim the student loan interest deduction for payments made in a

later year when the student is no

longer a dependent on his/her parent’s Federal income tax return.

Q11: Are there any tax benefits available

if the student repays his/her loan by

performing community service

rather than making cash payments?

A11: There may be. Loan forgiveness

provided in return for community

service is tax-free when it is part of

certain lending programs run by

Federal, state, or local governments, educational institutions, or

charitable organizations. Students

should consult a tax advisor to determine whether they qualify.

SECTION 6. QUALIFIED STATE

TUITION PROGRAMS

Under current law, a qualified state tuition program (QSTP) means a program

established and maintained by a state

under which a person may: (1) prepay tuition benefits on behalf of a beneficiary so

that the beneficiary is entitled to a waiver

or a payment of qualified higher education expenses, or (2) contribute to an account that is established for paying qualified higher education expenses of the

beneficiary. The tax on earnings attributable to prepayments or contributions is

deferred until the earnings are distributed

from the QSTP. The beneficiary pays tax

on the earnings at the time of distribution.

If amounts saved through a QSTP are

used to pay for college, the student or the

student’s parents still may be eligible to

claim either the Hope Scholarship Credit

or the Lifetime Learning Credit.

Q1: How have the prior rules for QSTPs

been changed by TRA ‘97?

A1: (1) QSTPs may now be used to save

for room and board expenses, up to a

specified level (generally the

school’s posted room and board

charge, or $2,500 per year for students living off-campus and not at

home);

(2) QSTPs may now be used to pay

expenses not only at public and nonprofit institutions but also at proprietary schools (i.e., any school that is

an eligible educational institution for

purposes of the Hope Scholarship or

1997–46 I.R.B.

Lifetime Learning Credits, see Sec.

1, Q&A4);

(3) Accounts in QSTPs may now be

transferred tax-free from the beneficiary to a broader range of family

members. (Step-siblings and spouses

of family members have been added.)

Q2: May a student using a QSTP to pay

for college also benefit from the

Hope Scholarship Credit or Lifetime

Learning Credit?

A2: Yes. The student or the student’s

parent may claim a Hope Scholarship Credit or Lifetime Learning

Credit for qualified tuition and related expenses covered by a qualified state tuition program, provided

the other eligibility requirements for

the credits are met.

Q3: When are the changes to the QSTP

rules made by TRA ‘97 effective?

A3: Generally, the new rules go into effect on January 1, 1998. However,

the new provision permitting QSTPs

to be used to save for room and

board expenses is effective back to

August 20, 1996.

Q4: May contributions be made to both a

qualified state tuition program and

an Education IRA on behalf of the

same designated beneficiary in the

same taxable year?

A4: No. Any amount contributed to an

Education IRA on behalf of a designated beneficiary during any taxable

year in which an amount is also contributed to a qualified state tuition

program on behalf of the same beneficiary will be treated as an excess

contribution to the Education IRA.

(See Sec. 3, Q&A6 for the treatment

of excess contributions to an Education IRA.)

SECTION 7. EXCLUSION FOR

EMPLOYER-PROVIDED

EDUCATIONAL ASSISTANCE

TRA ‘97 extends tax-free treatment to

employer-provided educational assistance

for undergraduate courses that begin before June 1, 2000. Employers may continue to provide up to $5,250 per year in

educational assistance to each employee

on a tax-free basis for courses beginning

before that date, regardless of whether the

education is job-related. This benefit expires for assistance in paying for courses

that begin on or after June 1, 2000.

1997–46 I.R.B.

Q1: How does an employee learn

whether tax-free educational assistance is available to him/her?

A1: Employers have this information.

Employers offering tax- free educational assistance are required to have

a written plan describing the benefit

and the terms under which it is available.

Q2: Does the employee have to do anything special to avoid being taxed on

employer-provided educational assistance, up to the $5,250 limit?

A2: No. The employer will automatically treat the educational assistance

as a tax-free benefit and will not include it as wages on the employee’s

W–2 form.

Q3: May an employee receive tax-free

educational assistance from the employer to attend graduate school?

A3: In general, no. However, employers

can provide job-related educational

assistance for graduate-level education as a tax-free fringe benefit under

certain circumstances. Educational

assistance would generally qualify as

job-related if it maintains or improves skills required for the employee’s current job or satisfies certain express employer-imposed

conditions for continued employment. Individuals should consult a

tax advisor for help in determining

the tax treatment of any assistance

the individual may be receiving from

an employer for graduate-level education.

Q4: If a student is enrolled in undergraduate courses in a particular year and

owes $3,000 in qualified tuition and

related expenses, and the student’s

employer pays all of the student’s

qualified tuition and related expenses, may a Hope Scholarship

Credit or a Lifetime Learning Credit

be claimed for that student for that

year?

A4: No. Neither the Hope Scholarship

Credit nor the Lifetime Learning

Credit may be claimed for that student for that year.

FOR FURTHER INFORMATION CONTACT: Donna J. Welch, (202) 622-4910

regarding the Hope Scholarship and Lifetime Learning Credits; Monice L. Rosenbaum, (202) 622-6070 regarding em-

17

ployer-provided educational assistance

and qualified state tuition programs;

Pamela R. Kinard, (202) 622-6030 regarding Education IRAs and using IRA

withdrawals to pay for higher education

expenses; and John Moriarty, (202) 6224950 regarding student loan interest deduction (not toll-free numbers).

The IRS will publish additional guidance on the provisions discussed in this

notice as well as other provisions included

in TRA ‘97. You may visit the IRS worldwide web site at (http://www.irs. ustreas.gov/prod/hot/index.html) to review

this document or for information on additional guidance as it becomes available.

The Department of Education has a

worldwide web site (http://www.ed.gov/

prog _ info/SFA/StudentGuide) you can

visit and telephone numbers (1-8004FED-AID and 1-800-USA-LEARN) you

can call to get more information on affording college and obtaining student aid,

such as Pell grants and student loans.

DRAFTING INFORMATION: The principal authors of this notice are Donna J.

Welch, Office of Assistant Chief Counsel

(Income Tax and Accounting) and Monice L. Rosenbaum and Pamela R. Kinard,

Office of Associate Chief Counsel (Employee Benefits and Exempt Organizations). However, other personnel from

the IRS and Treasury Department participated in its development.

26 CFR 601.162: Business Expenses.

(Also Part I, §§ 170; 1.162-15, 1.170A–1)

Rev. Proc. 97–52

SECTION 1. PURPOSE

This revenue procedure provides guidance on the deductibility, under § 162 or

170 of the Internal Revenue Code, of unreimbursed travel and other out-of-pocket

expenses incurred by a member of a federal advisory committee while performing

services without compensation for the

federal government as a member of that

committee.

SECTION 2. BACKGROUND

.01 Section 162(a) allows as a deduction all the ordinary and necessary expenses paid or incurred during the taxable

year in carrying on any trade or business.

November 17, 1997

.02 Section 162(b) provides that no deduction is allowed under § 162(a) for any

contribution or gift that would be allowable as a deduction under § 170 were it

not for the percentage limitations, the dollar limitations, or the requirements regarding the time of payment, set forth in

§ 170.

.03 Section 1.162–15 of the Income

Tax Regulations provides, in part, that no

deduction is allowable under § 162(a) for

a contribution or gift by an individual or a

corporation if any part thereof is deductible under § 170(a).

.04 Section 170(a)(1) allows as a deduction any charitable contribution (as

defined in § 170(c)) payment of which is

made within the taxable year.

.05 Section 170(c)(1) provides, in part,

that the term “charitable contribution”

means a contribution or gift to or for the

use of the United States, but only if the

contribution or gift is made for exclusively public purposes.

.06 Section 1.170A–1(c)(5) provides

that transfers of property to an organization described in § 170(c) that bear a direct relationship to the taxpayer’s trade or

business and that are made with a reasonable expectation of financial return commensurate with the amount of the transfer

may constitute allowable deductions as

trade or business expenses under § 162

rather than as charitable contributions

under § 170.

.07 Section 1.170A–1(g) provides that

no deduction is allowable under § 170 for

the contribution of services. However,

unreimbursed expenditures made incident

to the rendition of services to an organization, contributions to which are deductible, may constitute a deductible contribution. For example, out-of-pocket

transportation expenses necessarily incurred in performing donated services are

deductible. Reasonable expenditures for

meals and lodging necessarily incurred

while away from home in the course of

performing donated services also are deductible. For the purposes of this paragraph, the phrase “while away from

home” generally has the same meaning as

that phrase has for purposes of § 162 and

the regulations thereunder.

.08 Section 1.170A–1(h)(1) provides

that no part of a payment that a taxpayer

makes to or for the use of an organization

described in § 170(c) that is in considera-

November 17, 1997

tion of goods or services is a contribution

or gift unless the taxpayer intends to and

actually does pay an amount that exceeds

the fair market value of the goods or services received. See United States v.

American Bar Endowment, 477 U.S. 105

(1986).

.09 Federal advisory committees are

governed by the Federal Advisory Committee Act, 5 U.S.C. app. §§ 1–15 (1994)

(Act), and the regulations thereunder. A

federal advisory committee is a “useful

and beneficial means of furnishing expert

advice, ideas, and diverse opinions to the

Federal Government.” Act § 2(a). Under

the Act, a federal agency may accept the

services without compensation of a federal advisory committee member. 41

C.F.R. § 101–6.1033(d) (1996). An advisory committee member may be reimbursed by the federal agency for travel expenses, including a per diem in lieu of

lodging, meal, and incidental expenses.

41 C.F.R. § 1.101–6.1033(e) (1996).

SECTION 3. LAW

Whether payments are ordinary and

necessary business expenses under § 162,

or are “contributions or gifts” within the

meaning of § 170, depends on whether the

payments bear a direct relationship to the

taxpayer’s business and are made with a

reasonable expectation of substantial benefit or financial return commensurate with

the amount of the payment, or whether the

payments are completely gratuitous. See

Rev. Rul. 72–314, 1972–1 C.B. 44

(amounts paid by stock brokerage business to a charitable organization whose

purpose is to reduce neighborhood tensions and combat community deterioration are deductible under § 162 because

the payments are business related and

could reasonably be expected to produce

commensurate financial return for the

business); Rev. Rul. 72–293, 1972–1 C.B.

95 (payments to the United States Transportation Exposition may be deducted

under § 162 or 170 depending on the facts

and circumstances); Rev. Rul. 65–285,

1965–2 C.B. 56 (out-of-pocket expenses

of invitees to the National Conference on

Law and Poverty are deductible under

§ 170 because invitees are rendering services without compensation to the United

States); and Singer Co. v. United States,

449 F.2d 413 (Ct. Cl. 1971) (discounts on

a taxpayer’s sales of sewing machines to

18

certain qualified donees, including

churches, hospitals, and government agencies, were deductible (under prior law) as

charitable

contributions

under

§ 170 because the taxpayer did not expect

to receive substantial benefit from those

discounts; discounts provided on similar

sales to schools, however, were not deductible as charitable contributions under

§ 170 because the taxpayer expected to receive substantial benefit from those discounts in the form of increased future

sales).

SECTION 4. PROCEDURE

.01 The federal income tax deductibility of unreimbursed expenses of a federal

advisory committee member under § 162

or 170 depends in part on whether the

committee member reasonably expects to

receive substantial benefit or commensurate financial return as a result of incurring the expenses. Determining expected

benefit or financial return often can be

difficult when the committee member is

engaged in a trade or business related to

the subjects discussed by a federal advisory committee while performing services

without compensation for that committee.

.02 Therefore, if a taxpayer incurs an

unreimbursed travel or other out-ofpocket expense while performing services

without compensation as a member of a

federal advisory committee, the Service

will not challenge the taxpayer’s deduction of the expense as a charitable contribution under § 170, provided the taxpayer

satisfies the requirements of that section

other than those relating to the expectation of any benefit or financial return. If a

taxpayer incurs an unreimbursed travel or

other out-of-pocket expense while performing services without compensation as

a member of a federal advisory committee

and the expense is reasonably related to

the taxpayer’s trade or business, the Service will not challenge the taxpayer’s deduction of the expense as an ordinary and

necessary business expense under § 162,

provided the taxpayer satisfies the requirements of that section other than

those relating to the expectation of any

benefit or financial return.

SECTION 5. OTHER APPLICABLE

LAW

Any deduction within the scope of this

revenue procedure must conform to other

1997–46 I.R.B.

specific applicable requirements of law,

such as the requirement to substantiate

deducted expenses. See §§ 170(f)(8),

1.170A–13, 274(d), and 1.274–5T. Also,

limits on the deductibility of expenses incurred for lobbying purposes may apply

in certain situations. See §§ 162(e),

1997–46 I.R.B.

1.162–20, 1.162–28, 1.162–29, 170(f)(6),

1.170A–1(j)(11), 170(f)(9), and 1.170A–

1(j)(6).

DRAFTING INFORMATION

the Office of Assistant Chief Counsel (Income Tax and Accounting). For further

information regarding this revenue procedure, contact Ms. Prohofsky at 202-6224930 (not a toll-free call).

The principal author of this revenue

procedure is Catherine A. Prohofsky of

19

November 17, 1997

Part IV. Items of General Interest

Foundations Status of Certain

Organizations

Announcement 97–112

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:

Aaron E. Brister Memorial Fund, Pollok,

TX

AASPIN Foundation Inc., Madison, WI

Abate of Indiana Inc., Granger, IN

Abernant Youth Football Inc., McCalla,

AL

A Better Way Counseling and Diagnostic

Agency, Inc., Fort Wayne, IN

Ability Associates Inc., Evergreen, CO

Absolutely Nutritious Inc., Destrehan, LA

ABTK Inc., Fennimore, WI

Abundant Life Renewal Center Inc.,

Littleton, CO

Academic Marshall Plan, College

Station, TX

Academy of Interdisciplinary Dentofacial

Therapy, Inc., Springdale, AR

Academy of LDS Dentists Inc., Ogden, UT

Accept Pregnancy Centers Inc.,

Longwood, FL

Achievement Club and Preschool Inc—

Achievement Club Daycare,

Springville, UT

A C H I L D Inc., Baton Rouge, LA

A Childs Reach, Salt Lake City, UT

A Desired Chance Inc., Dallas, TX

A Georgetown Healthcare Foundation

Inc., Georgetown, TX

A Hand Up Inc., Lakewood, CO

A Helping Hand Center Inc., Harrisburg,

November 17, 1997

PA

A I D S -Aspen Cares, Aspen, CO

A Labor of Love Inc-A.L.L., Wichita, KS

American Research Laboratory of

Forensic Science, Arlington Hgts, IL

A Mission in Excellence for Students of

the Future, Chapel Hill, NC

A Small World Academy Inc., Decatur, GA

A Woman’s Place, Lincoln, NE

Boston Junior Eagles, Inc., West

Roxbury, MA

Brackthorn Foundation, Chicago, IL

Breukelein Institute, Brooklyn, NY

Bridge Street Child Development Center,

Brooklyn, NY

C4C: Kaleidscope, Inc., San Antonio, TX

Center for Executive Methods, Inc.,

Baltimore, MD

Eastern Nursing Research Society,

Durham, NH

Family Enrichment Center, Inc.,

Indianapolis, IN

Friends of the FDR Library, Hyde Park,

NY

Global Balance Incorporated, Dallas, TX

GNYHA Housing, Inc., New York, NY

Grandma’s Hands, Charlotte, NC

Jesucristo Reina Evangelistic

Association, Inc., Staten Island, NY

Leichester Soccer Club, Inc., Rochbale,

MA

Lifeforce A Way Out, Columbia, SC

Media Echos, Inc., Flushing, NY

Momma on the Move, Washington, DC

Multi-Cultural English, Inc., New York,

NY

National Association of People With

Disabilities, Inc., Rochester, NY

National Coalition for Child Protection

Reform, Cambridge, MA

Near East Side Substance Abuse Council,

Inc., Buffalo, NY

Neighborhood Kids of Harlem, New

York, NY

New Questions, Inc., Westville, CT

New York Chapter of Core, Inc., New

York, NY

Overseas Chinese Poetry and Painting

Research Center, Inc., New York, NY

Oxford Playground Committee, Inc.,

Oxford, MA

Partners in Action for Sustainable Peace,

Inc., Somerville, MA

People Helping People With Christ, Inc.,

Wareham, MA

20

Police Chiefs Foundation of Rockland

County, Inc., New City, NY

Porter Foundation, Inc., Brooklyn, NY

Public Land Preservation Society, Inc.,

Wilmington, DE

Rainbow Renewal, Lansing, MI

Rainbows of Hope, Inc., Staten Island,

NY

Sanford Project Literacy U.S. Task Force,

Sanford, ME

Saugatuck Rowing Association,

Westport, CT

Self-Help for Hard of Hearing People

Greater Boston Chapter, Inc.,

Brookline, MA

Shelburne Falls Trolley Museum, Inc.,

Shelburne Falls, NY

Shiny International, New York, NY

Shorefront YM-YWHA Nursing School

of Brighton-Manhattan Beach,

Brooklyn, NY

Stamford Cares, Inc., Stamford, CT

State Technologies, Inc., Albany, NY

Stillhouse Trestle Corporation, Danville,

VA

Studio Upstairs Theatre Repertory, Inc.,

Goshen, NY

Suburban Children, Inc., Bay Shore, NY

Sunrise Crisis Pregnancy Center, Inc.,

Wareham, MA

Support Our Schools Fund, Inc., New

York, NY

United Tenant Assoc-Mutual Housing

Development Fund Corporation, Inc.,

New York, NY

Upstate New York Health Care

Resources, Inc., East Syracuse, NY

U.S. Russian Economic Development

Initiative, Ltd., New York, NY

Vermont Environmental Story Telling

Program, Burlington, VT

Vision of Hope, Inc., Bronx, NY

Wakefield 350, Inc., Wakefield, MA

Westchester-Mid-Hudson Chapter the

American Institute of Architects

Scholarship Fund, Yorktown Heights,

NY

Weston Land Trust, Weston, MA

The West Village Quartet, Inc., Bronx,

NY

Westwind Ministries, St. John, WA

Whittier Rehabilitation Hospital Volunteer Association, Inc., Haverhill, MA

Wildomar Elsinore Little League,

Wildomar, CA

1997–46 I.R.B.

Wish is Granted, Inc., Smithtown, NY

World Trust, Inc., Oakland, CA

W. Seavey Joyce S.J. Award, Hull, MA

Yonkers Consortium for Comprehensive

Youth Services, Inc., Yonkers, NY

If an organization listed above submits

information that warrants the renewal of its

classification as a public charity or as a private operating foundation, the Internal

Revenue Service will issue a ruling or determination letter with the revised classification as to foundation status. Grantors and

contributors may thereafter rely upon such

ruling or determination letter as provided

in section 1.509(a)–7 of the Income Tax

Regulations. It is not the practice of the

Service to announce such revised classification of foundation status in the Internal

Revenue Bulletin.

Form 3520, Annual Return to

Report Transaction With Foreign

Trusts and Receipt of Certain

Foreign Gifts

Announcement 97–113

Notice 97–34, 1997–25 I.R.B. 22, provided guidance regarding the new foreign

trust and large foreign gift reporting provisions contained in the Small Business

Job Protection Act of 1996 (the “Act”).

The Notice stated that the Service would

1997–46 I.R.B.

issue a revised Form 3520. The revised

form allows U. S. persons to use a single

form to comply with all of the new reporting requirements of the Act pertaining to

transactions with foreign trusts and the receipt of foreign gifts after August 20,

1996.

The 1996 Form 3520, which reflects

the guidelines of Notice 97–34, is now

available to be download from the IRS

home page at www.irs.ustreas.gov. U.S.

persons should use this form to satisfy

their reporting requirements for transactions occurring after August 20, 1996 for

the tax year that includes August 20,

1996. In addition, U.S. persons treated as

owning a portion of a foreign trust at any

time during 1996 should use this form to

satisfy their reporting obligations.

Form 8023 to replace Form

8023–A

Announcement 97–114

New Form 8023, Election Under Section 338 for Corporations Making Qualified Stock Purchases, will replace Form

8023–A, Corporate Qualified Stock Purchases. Corporations that want to make

an election under section 338 can now

download the form from the Internet or

the Internal Revenue Information Services, using a computer and modem. Beginning in early November 1997, you can

order Form 8023 by telephone, at the

number shown below.

Request by—

Number or Address

Telephone

800-TAX-FORM

(800-829-3676)

Computer and modem

703-321-8020

(modem settings are N, 8, 1)

Internet:

World Wide Web

FTP

Telnet

21

www.irs.ustreas.gov

ftp.irs.ustreas.gov

iris.irs.ustreas.gov

November 17, 1997

Definition of Terms

Revenue rulings and revenue procedures

(hereinafter referred to as “rulings”) that

have an effect on previous rulings use the

following defined terms to describe the

effect:

Amplified describes a situation where

no change is being made in a prior published position, but the prior position is

being extended to apply to a variation of

the fact situation set forth therein. Thus,

if an earlier ruling held that a principle

applied to A, and the new ruling holds

that the same principle also applies to B,

the earlier ruling is amplified. (Compare

with modified, below).

Clarified is used in those instances

where the language in a prior ruling is

being made clear because the language

has caused, or may cause, some confusion. It is not used where a position in a

prior ruling is being changed.

Distinguished describes a situation

where a ruling mentions a previously

published ruling and points out an essential difference between them.

Modified is used where the substance

of a previously published position is

being changed. Thus, if a prior ruling

held that a principle applied to A but not

to B, and the new ruling holds that it ap-

plies to both A and B, the prior ruling is

modified because it corrects a published

position. (Compare with amplified and

clarified, above).

Obsoleted describes a previously published ruling that is not considered determinative with respect to future transactions. This term is most commonly used

in a ruling that lists previously published

rulings that are obsoleted because of

changes in law or regulations. A ruling

may also be obsoleted because the substance has been included in regulations

subsequently adopted.

Revoked describes situations where the

position in the previously published ruling is not correct and the correct position

is being stated in the new ruling.

Superseded describes a situation where

the new ruling does nothing more than

restate the substance and situation of a

previously published ruling (or rulings).

Thus, the term is used to republish under

the 1986 Code and regulations the same

position published under the 1939 Code

and regulations. The term is also used

when it is desired to republish in a single

ruling a series of situations, names, etc.,

that were previously published over a period of time in separate rulings. If the

new ruling does more than restate the

substance of a prior ruling, a combination

of terms is used. For example, modified

and superseded describes a situation

where the substance of a previously published ruling is being changed in part and

is continued without change in part and it

is desired to restate the valid portion of

the previously published ruling in a new

ruling that is self contained. In this case

the previously published ruling is first

modified and then, as modified, is superseded.

Supplemented is used in situations in

which a list, such as a list of the names of

countries, is published in a ruling and

that list is expanded by adding further

names in subsequent rulings. After the

original ruling has been supplemented

several times, a new ruling may be published that includes the list in the original

ruling and the additions, and supersedes

all prior rulings in the series.

Suspended is used in rare situations to

show that the previous published rulings

will not be applied pending some future

action such as the issuance of new or

amended regulations, the outcome of

cases in litigation, or the outcome of a

Service study.

Abbreviations

E.O.—Executive Order.

ER—Employer.

ERISA—Employee Retirement Income Security Act.

EX—Executor.

F—Fiduciary.

FC—Foreign Country.

FICA—Federal Insurance Contribution Act.

FISC—Foreign International Sales Company.

FPH—Foreign Personal Holding Company.

F.R.—Federal Register.

FUTA—Federal Unemployment Tax Act.

FX—Foreign Corporation.

G.C.M.—Chief Counsel’s Memorandum.

GE—Grantee.

GP—General Partner.

GR—Grantor.

IC—Insurance Company.

I.R.B.—Internal Revenue Bulletin.

LE—Lessee.

LP—Limited Partner.

LR—Lessor.

M—Minor.

Nonacq.—Nonacquiescence.

O—Organization.

P—Parent Corporation.

PHC—Personal Holding Company.

PO—Possession of the U.S.

PR—Partner.

PRS—Partnership.

PTE—Prohibited Transaction Exemption.

Pub. L.—Public Law.

REIT—Real Estate Investment Trust.

Rev. Proc.—Revenue Procedure.

Rev. Rul.—Revenue Ruling.

S—Subsidiary.

S.P.R.—Statements of Procedral Rules.

Stat.—Statutes at Large.

T—Target Corporation.

T.C.—Tax Court.

T.D.—Treasury Decision.

TFE—Transferee.

TFR—Transferor.

T.I.R.—Technical Information Release.

TP—Taxpayer.

TR—Trust.

TT—Trustee.

U.S.C.—United States Code.

X—Corporation.

Y—Corporation.

Z—Corporation.

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

Bulletin.

A—Individual.

Acq.—Acquiescence.

B—Individual.

BE—Beneficiary.

BK—Bank.

B.T.A.—Board of Tax Appeals.

C.—Individual.

C.B.—Cumulative Bulletin.

CFR—Code of Federal Regulations.

CI—City.

COOP—Cooperative.

Ct.D.—Court Decision.

CY—County.

D—Decedent.

DC—Dummy Corporation.

DE—Donee.

Del. Order—Delegation Order.

DISC—Domestic International Sales Corporation.

DR—Donor.

E—Estate.

EE—Employee.

November 17, 1997

22

1997–46 I.R.B.

Numerical Finding List1

Bulletins 1997–27 through 1997–45

Announcements:

97–61, 1997–29 I.R.B. 13

97–67, 1997–27 I.R.B. 37

97–68, 1997–28 I.R.B. 13

97–69, 1997–28 I.R.B. 13

97–70, 1997–29 I.R.B. 14

97–71, 1997–29 I.R.B. 15

97–72, 1997–29 I.R.B. 15

97–73, 1997–30 I.R.B. 86

97–74, 1997–31 I.R.B. 16

97–75, 1997–32 I.R.B. 28

97–76, 1997–32 I.R.B. 28

97–77, 1997–33 I.R.B. 58

97–78, 1997–34 I.R.B. 11

97–79, 1997–35 I.R.B. 8

97–80, 1997–34 I.R.B. 12

97–81, 1997–34 I.R.B. 12

97–82, 1997–34 I.R.B. 12

97–83, 1997–34 I.R.B. 13

97–84, 1997–34 I.R.B. 13

97–85, 1997–35 I.R.B. 8

97–86, 1997–35 I.R.B. 9

97–87, 1997–35 I.R.B. 9

97–88, 1997–35 I.R.B. 9

97–89, 1997–36 I.R.B. 10

97–90, 1997–36 I.R.B. 10

97–91, 1997–37 I.R.B. 25

97–92, 1997–37 I.R.B. 26

97–93, 1997–36 I.R.B. 11

97–94, 1997–36 I.R.B. 12

97–95, 1997–36 I.R.B. 12

97–96, 1997–39 I.R.B. 15

97–97, 1997–38 I.R.B. 22

97–98, 1997–39 I.R.B. 15

97–99, 1997–40 I.R.B. 7

97–100, 1997–40 I.R.B. 8

97–101, 1997–41 I.R.B. 13

97–102, 1997–41 I.R.B. 15

97–103, 1997–41 I.R.B. 16

97–104, 1997–42 I.R.B. 39

97–105, 1997–42 I.R.B. 40

97–106, 1997–45 I.R.B. 11

97–107, 1997–43 I.R.B. 25

97–108, 1997–43 I.R.B. 25

97–109, 1997–45 I.R.B. 12

97–110, 1997–45 I.R.B. 14

Court Decisions:

2061, 1997–31 I.R.B. 5

2062, 1997–32 I.R.B. 8

Notices–Continued

Revenue Rulings—Continued

97–45, 1997–33 I.R.B. 7

97–46, 1997–34 I.R.B. 10

97–47, 1997–35 I.R.B. 5

97–48, 1997–35 I.R.B. 5

97–49, 1997–36 I.R.B. 8

97–50, 1997–37 I.R.B. 21

97–51, 1997–38 I.R.B. 20

97–52, 1997–38 I.R.B. 20

97–53, 1997–40 I.R.B. 6

97–54, 1997–41 I.R.B. 7

97–55, 1997–40 I.R.B. 6

97–56, 1997–43 I.R.B. 19

97–57, 1997–43 I.R.B. 19

97–58, 1997–45 I.R.B. 7

97–59, 1997–45 I.R.B. 7

97–39, 1997–39 I.R.B. 4

97–40, 1997–39 I.R.B. 8

97–41, 1997–40 I.R.B. 4

97–42, 1997–41 I.R.B. 4

97–43, 1997–42 I.R.B. 8

97–44, 1997–45 I.R.B. 5

Railroad Retirement Quarterly Rate:

1997–28 I.R.B. 5

Public Laws

105–35, 1997–43 I.R.B. 13

Treasury Decisions:

8722, 1997–29 I.R.B. 4

8723, 1997–30 I.R.B. 4

8724, 1997–36 I.R.B. 4

8725, 1997–37 I.R.B. 16

8726, 1997–34 I.R.B. 7

8727, 1997–34 I.R.B. 5

8728, 1997–37 I.R.B. 4

8729, 1997–38 I.R.B. 4

8730, 1997–38 I.R.B. 16

8731, 1997–42 I.R.B. 6

8732, 1997–42 I.R.B. 4

8733, 1997–43 I.R.B. 8

8734, 1997–44 I.R.B. 5

8735, 1997–43 I.R.B. 4

Proposed Regulations:

REG–104893–97, 1997–29 I.R.B. 13

REG–105160–97, 1997–37 I.R.B. 22

REG–106043–97, 1997–37 I.R.B. 24

REG–107644–97, 1997–32 I.R.B. 24

REG–208151–91, 1997–38 I.R.B. 21

REG–246250–96, 1997–42 I.R.B. 30

Revenue Procedures:

97–32, 1997–27 I.R.B. 9

97–32A, 1997–34 I.R.B. 10

97–33, 1997–30 I.R.B. 10

97–34, 1997–30 I.R.B. 14

97–35, 1997–33 I.R.B. 11

97–36, 1997–33 I.R.B. 14

97–37, 1997–33 I.R.B. 18

97–38, 1997–33 I.R.B. 43

97–39, 1997–33 I.R.B. 48

97–40, 1997–33 I.R.B. 50

97–41, 1997–33 I.R.B. 5

97–42, 1997–33 I.R.B. 57

97–43, 1997–39 I.R.B. 12

97–44, 1997–41 I.R.B. 8

97–45, 1997–41 I.R.B. 10

97–46, 1997–42 I.R.B. 10

97–47, 1997–42 I.R.B. 19

97–48, 1997–43 I.R.B. 19

97–49, 1997–43 I.R.B. 22

97–50, 1997–45 I.R.B. 8

97–51, 1997–45 I.R.B. 9

Revenue Rulings:

Delegation Orders:

97 (Rev. 34), 1997–41 I.R.B. 14

172 (Rev. 5), 1997–28 I.R.B. 6

Notices:

97–37, 1997–27 I.R.B. 4

97–38, 1997–27 I.R.B. 8

97–39, 1997–27 I.R.B. 8

97–40, 1997–28 I.R.B. 6

97–41, 1997–28 I.R.B. 6

97–42, 1997–29 I.R.B. 12

97–43, 1997–30 I.R.B. 9

97–44, 1997–31 I.R.B. 15

97–27, 1997–27 I.R.B. 4

97–28, 1997–28 I.R.B. 4

97–29, 1997–28 I.R.B. 4

97–30, 1997–31 I.R.B. 12

97–31, 1997–32 I.R.B. 4

97–32, 1997–33 I.R.B. 4

97–33, 1997–34 I.R.B. 4

97–34, 1997–34 I.R.B. 14

97–35, 1997–35 I.R.B. 4

97–36, 1997–36 I.R.B. 5

97–37, 1997–37 I.R.B. 15

97–38, 1997–38 I.R.B. 14

1 A cumulative list of all revenue rulings, revenue

procedures, Treasury decisions, etc., published in

Internal Revenue Bulletins 1997–1 through 1997–26

will be found in Internal Revenue Bulletin 1997–27,

dated July 7, 1997.

1997–46 I.R.B.

23

November 17, 1997

Finding List of Current Action on

Previously Published Items1

Bulletins 1997–27 through 1997–45

*Denotes entry since last publication

Revenue Procedures:

82–36

Modified and superseded by

97–49, 1997–43 I.R.B. 22

96–36

Superseded by

97–34, 1997–30 I.R.B. 14

96–42

Superseded by

97–27, 1997–27 I.R.B. 9

97–32

Modified and amplified by

97–32A, 1997–34 I.R.B. 10

Revenue Rulings:

89–42

Supplemented by

97–31, 1997–32 I.R.B. 4

93–76

Clarified, modified, partially

obsoleted, and superceded by

97–39, 1997–39 I.R.B 4

94–7

Clarified, modified, partially

obsoleted, and superceded by

97–39, 1997–39 I.R.B 4

1 A cumulative finding list for previously published

items mentioned in Internal Revenue Bulletins

1997–1 through 1997–26 will be found in Internal

Revenue Bulletin 1997–27, dated July 7, 1997.

November 17, 1997

24

1997–46 I.R.B.

Notes

1997–46 I.R.B.

25

November 17, 1997

Notes

November 17, 1997

26

1997–46 I.R.B.

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