Bulletin No. 1997–24

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Bulletin No. 1997–24

June 16, 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. 97–26, page 4.

LIFO; price indexes; department stores. The April

1997 Bureau of Labor Statistics price indexes are

accepted for use by department stores employing the

retail inventory and last-in, first-out inventory methods

for valuing inventories for tax years ended on, or with

reference to, April 30, 1997.

T.D. 8717, page 5.

Final regulations under section 708 of the Code relate to

the termination of a partnership upon the sale or

exchange of 50 percent or more of the total interest in

partnership capital and profits within a 12-month period.

EMPLOYEE PLANS

Rev. Proc. 97–29, page 9.

SIMPLE IRAs; prototypes; amendments. This procedure describes model amendments for SIMPLE IRAs;

guidance to drafters of prototype SIMPLE IRAs on

obtaining opinion letters; permissive amendments to

Finding Lists begin on page 18.

Announcement of Disbarments and Suspensions begins on page 15.

sponsors of nonSIMPLE IRAs; the opening of a prototype

program for SIMPLE IRA Plans; and transitional relief for

users of SIMPLE IRAs and SIMPLE IRA Plans that have

not been approved by the Service.

EXEMPT ORGANIZATIONS

Announcement 97–58, page 13.

A list is given of organizations now classified as private

foundations.

ADMINISTRATIVE

Announcement 97–59, page 13.

T.D. 8719, 1997–23 I.R.B. 4, relating to the procedure

for requesting a change in accounting method and the

standards for granting an extension of time to request a

change in accounting method, is corrected.

Announcement 97–60, page 14.

Payors are permitted to include the telephone number in

any conspicuous place on substitute Forms 1099,

1098, 5498, and W–2G.

Mission of the Service

The purpose of the Internal Revenue Service is to

collect the proper amount of tax revenue at the least

cost; serve the public by continually improving the

quality of our products and services; and perform in a

manner warranting the highest degree of public

confidence in our integrity, efficiency and fairness.

Statement of Principles

of Internal Revenue

Tax Administration

The Service also has the responsibility of applying

and administering the law in a reasonable,

practical manner. Issues should only be raised by

examining of ficers when they have merit, never

arbitrarily or for trading purposes. At the same

time, the examining officer should never hesitate

to raise a meritorious issue. It is also important

that care be exercised not to raise an issue or to

ask a court to adopt a position inconsistent with

an established Service position.

The function of the Internal Revenue Service is to

administer the Internal Revenue Code. Tax policy

for raising revenue is determined by Congress.

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

carry out that policy by correctly applying the laws

enacted by Congress; to determine the reasonable

meaning of various Code provisions in light of the

Congressional purpose in enacting them; and to

perform this work in a fair and impartial manner,

with neither a government nor a taxpayer point of view.

Administration should be both reasonable and

vigorous. It should be conducted with as little

delay as possible and with great cour tesy and

considerateness. It should never try to overreach,

and should be reasonable within the bounds of law

and sound administration. It should, however, be

vigorous in requiring compliance with law and it

should be relentless in its attack on unreal tax

devices and fraud.

At the heart of administration is interpretation of the

Code. It is the responsibility of each person in the

Service, charged with the duty of interpreting the

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

provision and not to adopt a strained construction in

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

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

2

Introduction

The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for

announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation,

court decisions, and other items of general interest. It is

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

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

single-copy basis.

court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are

cautioned against reaching the same conclusions in

other cases unless the facts and circumstances are

substantially the same.

The Bulletin is divided into four parts as follows:

Part I.—1986 Code.

This part includes rulings and decisions based on

provisions of the Internal Revenue Code of 1986.

It is the policy of the Service to publish in the Bulletin all

substantive rulings necessary to promote a uniform

application of the tax laws, including all rulings that

supersede, revoke, modify, or amend any of those

previously published in the Bulletin. All published rulings

apply retroactively unless otherwise indicated. Procedures relating solely to matters of internal management

are not published; however, statements of internal

practices and procedures that affect the rights and

duties of taxpayers are published.

Part II.—Treaties and Tax Legislation.

This part is divided into two subparts as follows:

Subpart A, Tax Conventions, and Subpart B, Legislation

and Related Committee Reports.

Part III.—Administrative, Procedural, and Miscellaneous.

To the extent practicable, pertinent cross references to

these subjects are contained in the other Parts and

Subparts. Also included in this part are Bank Secrecy

Act Administrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the

Treasury’s Office of the Assistant Secretary (Enforcement).

Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts

stated in the revenue ruling. In those based on positions

taken in rulings to taxpayers or technical advice to

Service field offices, identifying details and information

of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory

requirements.

Part IV.—Items of General Interest.

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

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

Rulings and procedures reported in the Bulletin do not

have the force and effect of Treasury Department

Regulations, but they may be used as precedents.

Unpublished rulings will not be relied on, used, or cited

as precedents by Service personnel in the disposition of

other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations,

The first Bulletin for each month includes an index for

the matters published during the preceding month.

These monthly indexes are cumulated on a quarterly and

semiannual basis, and are published in the first Bulletin

of the succeeding quarterly and semi-annual period,

respectively.

The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.

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

3

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

Section 472.—Last-in, First-out

Inventories

26 CFR 1.472–1: Last-in, first-out inventories.

LIFO; price indexes; department

stores. The April 1997 Bureau of Labor

Statistics price indexes are accepted for

use by department stores employing the

retail inventory and last-in, first-out inventory methods of valuing inventories

for tax years ended on, or with references to, April 30, 1997.

Rev. Rul. 97–26

The following Department Store Inventory Price Indexes for April 1997

were issued by the Bureau of Labor

Statistics on May 15, 1997. The indexes

are accepted by the Internal Revenue

Service, under § 1.472–1(k) of the Income Tax Regulations and Rev. Proc.

86–46, 1986–2 C.B. 739, for appropriate

application to inventories of department

stores employing the retail inventory

and last-in, first-out inventory methods

for tax years ended on, or with reference

to, April 30, 1997.

The Department Store Inventory Price

Indexes are prepared on a national basis

and include (a) 23 major groups of

departments, (b) three special combinations of the major groups - soft goods,

durable goods, and miscellaneous goods,

and (c) a store total, which covers all

departments, including some not listed

separately, except for the following:

candy, foods, liquor, tobacco, and contract departments.

BUREAU OF LABOR STATISTICS, DEPARTMENT STORE

INVENTORY PRICE INDEXES BY DEPARTMENT GROUPS

(January 1941 = 100, unless otherwise noted)

Groups

Apr.

1996

Apr.

1997

Percent Change

from Apr. 1996

to Apr. 19971

Piece Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Domestics and Draperies . . . . . . . . . . . . . . . . . . . . . . . . .

Women’s and Children’s Shoes . . . . . . . . . . . . . . . . . . . .

Men’s Shoe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Infants’ Wear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Women’s Underwear . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Women’s Hosiery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Women’s and Girls’ Accessories . . . . . . . . . . . . . . . . . . .

Women’s Outerwear and Girls’ Wear . . . . . . . . . . . . . . .

Men’s Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Men’s Furnishings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Boys’ Clothing and Furnishings. . . . . . . . . . . . . . . . . . . .

Jewelry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Toilet Articles and Drugs . . . . . . . . . . . . . . . . . . . . . . . . .

Furniture and Bedding . . . . . . . . . . . . . . . . . . . . . . . . . . .

Floor Coverings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housewares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Major Appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Radio and Television . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recreation and Education2 . . . . . . . . . . . . . . . . . . . . . . . .

Home Improvements2 . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Auto Accessories2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

528.6

655.0

658.2

899.6

640.9

538.5

285.7

554.9

430.9

625.7

590.3

491.2

1036.3

785.1

883.3

672.2

571.1

802.9

246.8

79.6

113.7

125.7

107.3

533.0

653.6

661.3

904.8

640.6

546.3

294.4

561.0

439.8

622.2

598.9

498.6

1026.2

799.2

912.5

667.5

586.9

815.9

241.9

76.6

110.2

131.4

107.3

0.8

20.2

0.5

0.6

0.0

1.4

3.0

1.1

2.1

20.6

1.5

1.5

21.0

1.8

3.3

20.7

2.8

1.6

22.0

23.8

23.1

4.5

0.0

Groups 1 - 15: Soft Goods. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

608.2

614.6

1.1

Groups 16 - 20: Durable Goods . . . . . . . . . . . . . . . . . . . . . . . .

468.8

466.9

20.4

Groups 21 - 23: Misc. Goods2 . . . . . . . . . . . . . . . . . . . . . . . . . .

114.1

112.4

21.5

Store Total3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

560.1

562.6

0.4

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

1

Absence of a minus sign before percentage change in this column signifies price increase.

Indexes on a January 1986=100 base.

3

The store total index covers all departments, including some not listed separately, except for the following: candy, foods,

liquor, tobacco, and contract departments.

2

4

DRAFTING INFORMATION

The principal author of this revenue

ruling is Stan Michaels of the Office of

Assistant Chief Counsel (Income Tax

and Accounting). For further information

regarding this revenue ruling, contact

Mr. Michaels on (202) 622–4970 (not a

toll-free call).

Section 708.—Continuation of

Partnership

26 CFR 1.708–1: Continuation of partnership.

T.D. 8717

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1 and 301

Termination of a Partnership Under

Section 708(b)(1)(B)

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Final regulations.

SUMMARY: This document contains final regulations relating to the termination of a partnership upon the sale or

exchange of 50 percent or more of the

total interest in partnership capital and

profits within a 12-month period. The

final regulations affect all partnerships

that

terminate

under

section

708(b)(1)(B).

DATES: These regulations are effective

May 9, 1997.

For applicability dates, see Effective

Dates under Supplementary Information.

FOR FURTHER INFORMATION

CONTACT: Steven R. Schneider, (202)

622–3060 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

On May 13, 1996, a notice of proposed rulemaking (PS–5–96 [1996–1

C.B. 877]) was published in the Federal

Register (61 FR 21985) containing proposed amendments to the Income Tax

Regulations (26 CFR part 1) under

section 708 of the Internal Revenue

Code (Code). The notice of proposed

rulemaking also contained proposed

amendments to other sections of the

Income Tax Regulations to reflect the

amendments to the regulations under

section 708. Written comments responding to this notice were received. A

public hearing was held on September 5,

1996, pursuant to the notice published in

the Federal Register on May 13, 1996.

After consideration of all comments received, the proposed amendments are

adopted as revised by this Treasury

decision.

Explanation of Provisions

Section 708(b)(1)(B) provides that,

for purposes of section 708(a), a partnership shall be considered terminated if

within a 12-month period there is a sale

or exchange of 50 percent or more of

the total interest in partnership capital

and profits. The existing regulations under § 1.708–1(b)(1)(iv) provide that, if

a partnership is terminated by a sale or

exchange of an interest, the following is

deemed to occur: The partnership distributes its properties to the purchaser

and the other remaining partners in

proportion to their respective interests in

the partnership properties; and, immediately thereafter, the purchaser and the

other remaining partners contribute the

properties to a new partnership, either

for the continuation of the business or

for its dissolution and winding up. The

final regulations adopt the proposed

regulations and change the mechanics of

a termination under section 708(b)(1)(B)

so that the following is deemed to occur

on a termination: The partnership contributes all of its assets and liabilities to

a new partnership in exchange for an

interest in the new partnership; and,

immediately thereafter, the partnership

liquidates by distributing interests in the

new partnership to the purchaser and the

other remaining partners, followed by

the continuation of the business by the

new partnership or its dissolution and

winding up. The final regulations also

clarify certain aspects of the proposed

regulations in response to comments

received.

One commentator requested clarification of the section 704(c) consequences

of a termination. The proposed regulations provide for a section 704(b) capital

account ‘‘book up’’ upon the deemed

contribution of assets by the terminated

partnership to the new partnership and

also upon the deemed distribution in

liquidation of the terminated partnership.

This would have resulted in a new layer

of section 704(c) property. The final

regulations amend the regulations under

section 704(b) to provide that the

deemed contribution of assets to a new

partnership and the distribution of the

new partnership interests to the partners

of the terminated partnership are disregarded for purposes of maintaining capi-

5

tal accounts. As a result, the termination

of a partnership does not change the

capital accounts of the partners or the

books of the partnership and the deemed

contribution of assets to a new partnership does not create additional section

704(c) property. The final regulations

also provide that the new partnership is

not bound by the section 704(c) method

used by the terminated partnership.

A commentator requested clarification

of whether a termination under the new

section 708(b)(1)(B) construct will trigger recapture of investment tax credit

under section 47. Although not specifically addressed in the regulations, a

section 708(b)(1)(B) termination no

longer triggers recapture of the investment tax credit under the ‘‘mere change

in form’’ exception in § 1.47–3(f) of the

regulations.

Commentators also requested guidance on whether a section 1491 excise

tax may be triggered upon a section

708(b)(1)(B) termination of a foreign

partnership with U.S. partners. This issue is currently under study and the IRS

and Treasury welcome comments from

interested taxpayers and practitioners.

One commentator requested clarification of whether the distribution of the

interests in the new partnership will be

subject to section 731(c). The section

731(c) final regulations, December 26,

1996 (61 FR 67936), provide that the

deemed distribution of partnership interests under § 1.708–1(b)(1)(iv) does not

trigger the application of section 731(c).

Several commentators suggested that

partnerships should be allowed to apply

the final regulations to terminations under section 708(b)(1)(B) occurring on or

after the date the proposed regulations

were filed with the Federal Register. In

response, the final regulations provide

that the regulations may be applied to

terminations occurring on or after May

9, 1996, provided that the partnership

and its partners apply the regulations to

the termination in a consistent manner.

The final regulations also provide an

example illustrating the mechanics of a

termination under section 708(b)(1)(B).

In addition, the final regulations provide

that the new partnership retains the TIN

of the terminated partnership. However,

if the new partnership has already applied for a new TIN, the partnership

should continue to use the new TIN.

Finally, the regulations make several

revenue rulings obsolete. The holdings

of revenue rulings 87–50 and 87–51

(dealing with the effect of terminations

under section 708(b)(1)(B) on lower-tier

partnerships) and revenue rulings 86–73

and 88–42 (dealing with the effect of a

§ 754 election made by the terminating

partnership) are now incorporated, without substantive change, into the regulations under § 1.708–1. Additionally, the

final regulations make revenue ruling

93–90 (dealing with minimum gain

chargeback in a section 708(b)(1)(B)

termination) obsolete because the

§ 704(b) capital account ‘‘book up’’ that

is the subject of the revenue ruling is

eliminated.

Effective Date

These regulations apply to terminations of partnerships under section

708(b)(1)(B) occurring on or after May

9, 1997; however, these regulations may

be applied to terminations occurring on

or after May 9, 1996, provided that the

partnership and its partners apply these

regulations to the termination in a consistent manner.

Effect on Other Documents

The following publications are obsolete as of May 9, 1997:

Rev. Rul. 86–73, 1986–1 C.B. 282

Rev. Rul. 87–50, 1987–1 C.B. 157

Rev. Rul. 87–51, 1987–1 C.B. 158

Rev. Rul. 88–42, 1988–1 C.B. 265

Rev. Rul. 93–90, 1993–2 C.B. 238

Special Analyses

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

Therefore, a regulatory assessment is not

required. It has also been determined

that section 553(b) of the Administrative

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

not apply to these regulations, and because the regulation does not impose a

collection of information on small entities, the Regulatory Flexibility Act (5

U.S.C. chapter 6) does not apply. Therefore, a Regulatory Flexibility Analysis is

not required. Pursuant to section 7805(f)

of the Internal Revenue Code, the notice

of proposed rulemaking preceding these

regulations was submitted to the Small

Business Administration for comment on

its impact on small business.

Drafting Information

The principal author of these regulations is Steven R. Schneider of the

Office of Assistant Chief Counsel

(Passthroughs and Special Industries),

IRS. However, other personnel from the

IRS and Treasury Department participated in their development.

*

*

*

*

*

Adoption of Amendments to the Regulations

Accordingly, 26 CFR parts 1 and 301

are amended as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation

for part 1 continues to read in part as

follows:

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

Par. 2. Section 1.704–1 is amended as

follows:

1. Paragraph (b)(2)(iv)(d)(1) is

amended by revising the second sentence.

2. Paragraph (b)(2)(iv)(l) is amended

removing the last three sentences and

adding four sentences in their place.

3. Paragraph (b)(5) Example 13(v) is

amended by removing all text following

the third sentence and adding four sentences in its place.

The revisions and additions read as

follows:

§ 1.704–1 Partner’s distributive share.

and its partners apply the sentences to

the termination in a consistent manner.

*

*

*

*

*

(b) * * *

(2) * * *

(iv) * * *

(d) * * *

(1) * * * See Example 13(i) of

paragraph (b)(5) of this section. * * *

*

*

*

*

*

(l) * * * If the transfer of an interest

in a partnership causes a termination of

the

partnership

under

section

708(b)(1)(B), the capital account of the

transferee partner and the capital accounts of the other partners of the

terminated partnership carry over to the

new partnership that is formed as a

result of the termination of the partnership under § 1.708–1(b)(1)(iv). Moreover, the deemed contribution of assets

and liabilities by the terminated partnership to a new partnership and the

deemed liquidation of the terminated

partnership that occur under § 1.708–

1(b)(1)(iv) are disregarded for purposes

of paragraph (b)(2)(iv) of this section.

See Example 13 of paragraph (b)(5) of

this section and the example in

§ 1.708–1(b)(1)(iv). The previous three

sentences apply to terminations of partnerships under section 708(b)(1)(B) occurring on or after May 9, 1997; however, the sentences may be applied to

terminations occurring on or after May

9, 1996, provided that the partnership

6

*

*

*

(v) * * * Immediately preceding the constructive liquidation, the capital accounts of Z and LK

equal $11,000 each (LK having inherited Y’s

$11,000 capital account) and the book value of the

G Corp. securities is $22,000 (original purchase

price of securities). Under paragraph (b)(2)(iv)(l)

of this section, the deemed contribution of assets

and liabilities by the terminated partnership to the

new partnership and the deemed liquidation of the

terminated partnership that occur under § 1.708–

1(b)(1)(iv) in connection with the constructive

liquidation of the terminated partnership are disregarded in the maintenance and computation of the

partners’ capital accounts. As a result, the capital

accounts of Z and LK in the new partnership

equal $11,000 each (their capital accounts in the

terminated partnership immediately prior to the

termination), and the book value of the G Corp.

securities remains $22,000 (its book value immediately prior to the termination). This Example

13(v) applies to terminations of partnerships under

section 708(b)(1)(B) occurring on or after May 9,

1997; however, this Example 13(v) may be applied

to terminations occurring on or after May 9, 1996,

provided that the partnership and its partners apply

this Example 13(v) to the termination in a consistent manner.

*

*

*

(5) * * *

Example 13. * * *

*

*

*

*

Par. 3. Section 1.704–3 is amended as

follows:

1. Paragraph (a)(2) is amended by

adding two sentences at the end of the

paragraph.

2. Paragraph (a)(3)(i) is amended by

adding three sentences at the end of the

paragraph.

The additions read as follows:

§ 1.704–3 Contributed property.

(a) * * *

(2) * * * A new partnership formed

as the result of the termination of a

partnership under section 708(b)(1)(B) is

not required to use the same method as

the terminated partnership with respect

to section 704(c) property deemed contributed to the new partnership by the

terminated partnership under § 1.708–

1(b)(1)(iv). The previous sentence applies to terminations of partnerships under section 708(b)(1)(B) occurring on or

after May 9, 1997; however, the sentence may be applied to terminations

occurring on or after May 9, 1996,

provided that the partnership and its

partners apply the sentence to the termination in a consistent manner.

(3) * * *

(i) * * * Property deemed contributed

to a new partnership as the result of the

termination of a partnership under section 708(b)(1)(B) is treated as section

704(c) property in the hands of the new

partnership only to the extent that the

property was section 704(c) property in

the hands of the terminated partnership

immediately prior to the termination.

See § 1.708–1(b)(1)(iv) for an example

of the application of this rule. The

previous two sentences apply to terminations of partnerships under section

708(b)(1)(B) occurring on or after May

9, 1997; however, the sentences may be

applied to terminations occurring on or

after May 9, 1996, provided that the

partnership and its partners apply the

sentences to the termination in a consistent manner.

*

*

*

*

*

Par. 4. Section 1.704–4 is amended

by revising paragraphs (a)(4)(ii) and

(c)(3) to read as follows:

tion 708(b)(1)(B) occurring on or after

May 9, 1997; however, this paragraph

(c)(3) may be applied to terminations

occurring on or after May 9, 1996,

provided that the partnership and its

partners apply this paragraph (c)(3) to

the termination in a consistent manner.

*

(a) * * *

(4) * * *

(ii) Section 708(b)(1)(B) terminations.

A termination of the partnership under

section 708(b)(1)(B) does not begin a

new five-year period for each partner

with respect to the built-in gain and

built-in loss property that the terminated

partnership is deemed to contribute to

the new partnership under § 1.708–

1(b)(1)(iv). See § 1.704–3(a)(3)(ii) for

the definitions of built-in gain and

built-in loss on section 704(c) property.

This paragraph (a)(4)(ii) applies to terminations of partnerships under section

708(b)(1)(B) occurring on or after May

9, 1997; however, this paragraph

(a)(4)(ii) may be applied to terminations

occurring on or after May 9, 1996,

provided that the partnership and its

partners apply this paragraph (a)(4)(ii)

to the termination in a consistent manner.

*

*

*

*

*

(c) * * *

(3) Section 708(b)(1)(B) terminations.

Section 704(c)(1)(B) and this section do

not apply to the deemed distribution of

interests in a new partnership caused by

the termination of a partnership under

section 708(b)(1)(B). A subsequent distribution of section 704(c) property by

the new partnership to a partner of the

new partnership is subject to section

704(c)(1)(B) to the same extent that a

distribution by the terminated partnership would have been subject to section

704(c)(1)(B). See also § 1.737–2(a) for

a similar rule in the context of section

737. This paragraph (c)(3) applies to

terminations of partnerships under sec-

*

*

*

§ 1.708–1 Continuation of partnership.

*

§ 1.704–4 Distribution of contributed

property.

*

Par. 5. Section 1.708–1 is amended as

follows:

1. Paragraph (b)(1)(ii) is amended by

adding three sentences after the third

sentence.

2. Paragraph (b)(1)(iv) is revised.

3. Paragraph (b)(1)(v) is added.

The additions and revisions read as

follows:

*

*

*

*

(b) * * *

(1) * * *

(ii) * * * Moreover, if the sale or

exchange of an interest in a partnership

(upper-tier partnership) that holds an

interest in another partnership (lowertier partnership) results in a termination

of the upper-tier partnership, the uppertier partnership is treated as exchanging

its entire interest in the capital and

profits of the lower-tier partnership. If

the sale or exchange of an interest in an

upper-tier partnership does not terminate

the upper-tier partnership, the sale or

exchange of an interest in the upper-tier

partnership is not treated as a sale or

exchange of a proportionate share of the

upper-tier partnership’s interest in the

capital and profits of the lower-tier

partnership. The previous two sentences

apply to terminations of partnerships

under section 708(b)(1)(B) occurring on

or after May 9, 1997; however, the

sentences may be applied to terminations occurring on or after May 9, 1996,

provided that the partnership and its

partners apply the sentences to the termination in a consistent manner. * * *

*

*

*

*

*

(iv) If a partnership is terminated by

a sale or exchange of an interest, the

following is deemed to occur: The partnership contributes all of its assets and

liabilities to a new partnership in exchange for an interest in the new partnership; and, immediately thereafter, the

terminated partnership distributes interests in the new partnership to the purchasing partner and the other remaining

partners in proportion to their respective

interests in the terminated partnership in

liquidation of the terminated partnership,

either for the continuation of the business by the new partnership or for its

7

dissolution and winding up. In the latter

case, the new partnership terminates in

accordance with (b)(1)(i) of this section.

This paragraph (b)(1)(iv) applies to terminations of partnerships under section

708(b)(1)(B) occurring on or after May

9, 1997; however, this paragraph

(b)(1)(iv) may be applied to terminations occurring on or after May 9, 1996,

provided that the partnership and its

partners apply this paragraph (b)(1)(iv)

to the termination in a consistent manner. The provisions of this paragraph

(b)(1)(iv) are illustrated by the following

example:

Example. (i) A and B each contribute $10,000

cash to form AB, a general partnership, as equal

partners. AB purchases depreciable Property X for

$20,000. Property X increases in value to $30,000,

at which time A sells its entire 50 percent interest

to C for $15,000 in a transfer that terminates the

partnership under section 708(b)(1)(B). At the time

of the sale, Property X had an adjusted tax basis

of $16,000 and a book value of $16,000 (original

$20,000 tax basis and book value reduced by

$4,000 of depreciation). In addition, A and B each

had a capital account balance of $8,000 (original

$10,000 capital account reduced by $2,000 of

depreciation allocations with respect to Property

X).

(ii) Following the deemed contribution of assets

and liabilities by the terminated AB partnership to

a new partnership (new AB) and the liquidation of

the terminated AB partnership, the adjusted tax

basis of Property X in the hands of new AB is

$16,000. See Section 723. The book value of

Property X in the hands of new partnership AB is

also $16,000 (the book value of Property X

immediately before the termination) and B and C

each have a capital account of $8,000 in new AB

(the balance of their capital accounts in AB prior

to the termination). See § 1.704–1(b)(2)(iv)(l)

(providing that the deemed contribution and liquidation with regard to the terminated partnership

are disregarded in determining the capital accounts

of the partners and the books of the new partnership). Additionally, under § 301.6109–1(d)(2)(iii)

of this chapter, new AB retains the taxpayer

identification number of the terminated AB partnership.

(iii) Property X was not section 704(c) property

in the hands of terminated AB and is therefore not

treated as section 704(c) property in the hands of

new AB, even though Property X is deemed

contributed to new AB at a time when the fair

market value of Property X ($30,000) was different from its adjusted tax basis ($16,000). See

§ 1.704–3(a)(3)(i) (providing that property contributed to a new partnership under § 1.708–

1(b)(1)(iv) is treated as section 704(c) property

only to the extent that the property was section

704(c) property in the hands of the terminated

partnership immediately prior to the termination).

(v) If a partnership is terminated by a

sale or exchange of an interest in the

partnership, a section 754 election (including a section 754 election made by

the terminated partnership on its final

return) that is in effect for the taxable

year of the terminated partnership in

which the sale occurs, applies with

respect to the incoming partner. There-

fore, the bases of partnership assets are

adjusted pursuant to sections 743 and

755 prior to their deemed contribution

to the new partnership. This paragraph

(b)(1)(v) applies to terminations of partnerships under section 708(b)(1)(B) occurring on or after May 9, 1997; however, this paragraph (b)(1)(v) may be

applied to terminations occurring on or

after May 9, 1996, provided that the

partnership and its partners apply this

paragraph (b)(1)(v) to the termination in

a consistent manner.

*

*

*

*

*

Par. 6. Section 1.737–2 is amended as

follows:

1. Paragraph (a) is revised.

2. In paragraph (d)(1), the first sentence is revised and one sentence is

added after the first sentence.

The additions and revisions read as

follows:

§ 1.737–2 Exceptions and special rules.

(a) Section 708(b)(1)(B) terminations.

Section 737 and this section do not

apply to the deemed distribution of

interests in a new partnership caused by

the termination of a partnership under

section 708(b)(1)(B). A subsequent distribution of property by the new partnership to a partner of the new partnership

that was formerly a partner of the

terminated partnership is subject to section 737 to the same extent that a

distribution from the terminated partnership would have been subject to section

737. See also § 1.704–4(c)(3) for a

similar rule in the context of section

704(c)(1)(B). This paragraph (a) applies

to terminations of partnerships under

section 708(b)(1)(B) occurring on or

after May 9, 1997; however, this paragraph (a) may be applied to terminations

occurring on or after May 9, 1996,

provided that the partnership and its

partners apply this paragraph (a) to the

termination in a consistent manner.

*

*

*

*

*

(d) * * * (1) * * * Any portion of the

distributed property that consists of

property previously contributed by the

distributee partner (previously contributed property) is not taken into account

in determining the amount of the excess

distribution or the partner’s net

precontribution gain. The previous sentence applies on or after May 9, 1997.

***

*

*

*

*

*

Par. 7. In section 1.743–1, paragraph

(d) is added to read as follows:

§ 1.743–1 Optional adjustment to basis

of partnership property.

*

*

*

*

*

(d) Section 708(b)(1)(B) terminations.

A partner with a special basis adjustment in property held by a partnership

that

terminates

under

section

708(b)(1)(B) will continue to have the

same special basis adjustment with respect to property deemed contributed by

the terminated partnership to the new

partnership under § 1.708–1(b)(1)(iv),

regardless of whether the new partnership makes a section 754 election. This

paragraph (d) applies to terminations of

partnerships under section 708(b)(1)(B)

occurring on or after May 9, 1997;

however, this paragraph (d) may be

applied to terminations occurring on or

after May 9, 1996, provided that the

partnership and its partners apply this

paragraph (d) to the termination in a

consistent manner.

Par. 8. In § 1.761–1, paragraph (e) is

added to read as follows:

§ 1.761–1 Terms defined.

*

*

*

*

*

(e) Distribution of partnership interest. For purposes of section 708(b)(1)(B)

and § 1.708–1(b)(1)(iv), the deemed

distribution of an interest in a new

partnership by a partnership that terminates under section 708(b)(1)(B) is not a

sale or exchange of an interest in the

new partnership. However, the deemed

distribution of an interest in a new

partnership by a partnership that terminates under section 708(b)(1)(B) is

treated as an exchange of the interest in

the new partnership for purposes of

8

section 743. This paragraph (e) applies

to terminations of partnerships under

section 708(b)(1)(B) occurring on or

after May 9, 1997; however, this paragraph (e) may be applied to terminations

occurring on or after May 9, 1996,

provided that the partnership and its

partners apply this paragraph (e) to the

termination in a consistent manner.

PART 301—PROCEDURE AND

ADMINISTRATION

Par. 9. The authority citation for part

301 continues to read in part as follows:

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

Par. 10. Section 301.6109–1 is

amended by adding paragraph (d)(2)(iii)

as follows:

§ 301.6109–1 Identifying numbers.

*

*

*

*

*

(d) * * *

(2) * * *

(iii) Special rule for Section

708(b)(1)(B) terminations. A new partnership that is formed as a result of the

termination of a partnership under section 708(b)(1)(B) will retain the employer identification number of the terminated partnership. This paragraph

(d)(2)(iii) applies to terminations of

partnerships under section 708(b)(1)(B)

occurring on or after May 9, 1997;

however, this paragraph (d)(2)(iii) may

be applied to terminations occurring on

or after May 9, 1996, provided that the

partnership and its partners apply this

paragraph (d)(2)(iii) to the termination

in a consistent manner.

*

*

*

*

*

Margaret Milner Richardson,

Commissioner of Internal Revenue.

Approved May 1, 1997.

Donald C. Lubick,

Acting, Assistant Secretary of the

Treasury (Tax Policy).

(Filed by the Office of the Federal Register on

May 8, 1997, 8:45 a.m., and published in the issue

of the Federal Register for May 9, 1997, 62 F.R.

25498)

Part III. Administrative, Procedural, and Miscellaneous

26 CFR 601.201: Rulings and determination letters.

Rev. Proc. 97–29

SECTION 1. PURPOSE

This revenue procedure (1) provides a

model amendment that may be used,

prior to January 1, 1999, by a sponsor

of a prototype individual retirement account or annuity (IRA) to establish a

SIMPLE IRA (an IRA designed to accept contributions under a SIMPLE IRA

Plan described in § 408(p)) of the Internal Revenue Code; (2) provides guidance on obtaining opinion letters to

drafters of prototype SIMPLE IRAs; (3)

provides permissive amendments to

sponsors of nonSIMPLE IRAs (IRAs

that are designed to accept contributions

other than under SIMPLE IRA Plans);

(4) announces the opening of a program

for prototype SIMPLE IRA Plans; and

(5) provides transitional relief for users

of SIMPLE IRAs and SIMPLE IRA

Plans that have not been approved by

the Internal Revenue Service.

SECTION 2. BACKGROUND AND

GENERAL INFORMATION

.01 Code § 408(p), added by

§ 1421(a) of the Small Business Job

Protection Act of 1996 (‘‘SBJPA’’), Pub.

L. No. 104–188, describes a new type of

retirement arrangement, a SIMPLE IRA

Plan, which, generally, may be used by

small employers who maintain no other

qualified plans. Under a SIMPLE IRA

Plan, an employer makes contributions

to a SIMPLE IRA.

.02 Subsections (a) and (b) of § 408

set forth general requirements for individual retirement accounts and individual retirement annuities, respectively.

.03 Rev. Proc. 87–50, 1987–2 C.B.

647, provides the procedures for a sponsoring organization or a mass submitter

(a ‘‘prototype sponsor’’) to apply to the

Service for an opinion letter on whether

a prototype nonSIMPLE IRA meets the

requirements of § 408(a) or (b).

.04 Section 408(p)(1) requires that a

SIMPLE IRA established for use with a

particular employer’s SIMPLE IRA Plan

only accept contributions from that employer pursuant to its SIMPLE IRA Plan

or from another employer pursuant to

that employer’s SIMPLE IRA Plan.

However, a SIMPLE IRA established by

or for a particular employee may also

accept that employee’s rollovers or

transfers of property from another

SIMPLE IRA of that employee.

.05 In 1996, the Service released

Forms 5305–S and 5305–SA, model

SIMPLE IRAs for use as trust or custodial accounts, respectively. A prototype

sponsor that wants to offer Serviceapproved SIMPLE IRAs may (1) use

one or both of these model SIMPLE

IRAs, (2) use the model amendment

procedure contained in section 3, or (3)

apply for an opinion letter pursuant to

section 4.

.06 In 1996, the Service also released

two model SIMPLE IRA Plans, Form

5305–SIMPLE (Savings Incentive

Match Plan for Employees of Small

Employers (SIMPLE)—for Use With a

Designated Financial Institution) and

Form 5304–SIMPLE (Savings Incentive

Match Plan for Employees of Small

Employers (SIMPLE)—Not Subject to

the Designated Financial Institution

Rules).

.07 Notice 97–6, 1997–2 I.R.B. 26

(January 13, 1997), contains questions

and answers relating to the implementation and operation of SIMPLE IRA

Plans described in § 408(p), including

the election and notice requirements

regarding these plans. The Service intends to supplement Notice 97–6 with

additional guidance.

.08 Rev. Proc. 97–8, 1997–1 I.R.B.

187 (January 6, 1997), provides guidance to taxpayers for complying with

the user-fee program as it pertains to

matters under the jurisdiction of the

Assistant Commissioner (Employee

Plans and Exempt Organizations).

SECTION 3. ADOPTION OF MODEL

AMENDMENT

.01 Procedural requirements. A prototype sponsor with an approved prototype

nonSIMPLE IRA may create an approved prototype SIMPLE IRA using

the model amendment procedure in this

section 3 by complying with section

3.02 and .03 below. Following the

model amendment procedure results in

two approved prototype IRAs: (1) an

existing unchanged prototype nonSIMPLE IRA and (2) a newly established prototype SIMPLE IRA.

.02 Use of model language. In order

to create an approved prototype

SIMPLE IRA using the model amendment, the prototype sponsor must use an

Eligible IRA as a basis and follow the

instructions in the Appendix. An ‘‘Eli-

9

gible IRA’’ is a prototype nonSIMPLE

IRA that either (1) has a favorable

opinion letter dated after January 31,

1990, or (2) has a favorable opinion

letter dated on or before that date and

has adopted the minimum distribution

language contained in section 6 of Rev.

Proc. 92–38, 1992–1 C.B. 859. The

model language must be adopted on a

word-for-word basis unless otherwise

specified in the Appendix.

.03 Application to the Service.

(1) Opinion letter request. A prototype sponsor must request an opinion

letter from the Service on the SIMPLE

IRA in order to establish a prototype

SIMPLE IRA using an Eligible IRA.

The Service will not accept an opinion

letter request submitted pursuant to this

section 3 by a prototype sponsor after

December 31, 1998.

(2) Information required. The prototype sponsor must apply for the opinion letter using Form 5306, Application

for Approval of Prototype or Employer

Sponsored Individual Retirement Account, with ‘‘SIMPLE IRA model

amendment’’ written on the top of the

form and the file folder number of the

Eligible IRA written on line 2c(3). The

prototype sponsor should not complete

Part II of the form and should not

submit either the Eligible IRA or the

SIMPLE IRA to the Service pursuant to

this model amendment procedure.

(3) Certification. The prototype

sponsor must certify that the model

language contained in the Appendix has

been added on a word-for-word basis to

an Eligible IRA (as defined in section

3.02) and that no other changes have

been made.

(4) Address. The prototype sponsor

must mail the application to: Internal

Revenue Service, Attention CP:E:EP,

P.O. Box 14073, Ben Franklin Station,

Washington, DC 20044.

(5) Mass submitters. Mass submitters must provide the information and

certification described in section 3.03(2)

and (3), above, on behalf of each sponsoring organization that is an identical

adopter of the mass submitter and that

wishes to use this model amendment

procedure to establish a SIMPLE IRA.

(6) User fee. The prototype sponsor must pay a user fee of $50 for each

prototype SIMPLE IRA established pursuant to this section 3. This fee can be

paid by money order or check only and

must accompany each application. The

money order or check must be made

payable to the Internal Revenue Service.

.04 New opinion letter. After verifying the information provided by the

applicant on each Eligible IRA, the

Service will issue a new opinion letter

on each prototype SIMPLE IRA to the

prototype sponsor.

.05 Reliance. An individual who uses

a SIMPLE IRA that has received an

opinion letter pursuant to section 3.04

and who complies with the terms of the

SIMPLE IRA may rely upon the opinion

letter that the SIMPLE IRA is qualified

under § 408(p). However, the opinion

letter may not be relied on with respect

to whether the SIMPLE IRA Plan, under

which contributions are made to the

SIMPLE IRA, satisfies the requirements

of § 408(p).

.06 Disclosure statements. A prototype sponsor that amends an Eligible

IRA pursuant to this section 3 must

change the corresponding disclosure

statement, required pursuant to § 408(i),

to reflect the contents of the SIMPLE

IRA. The prototype sponsor must distribute the amended disclosure statement

to each individual using the SIMPLE

IRA.

SECTION 4. OPINION LETTERS FOR

NONMODEL SIMPLE IRAS

.01 Prototype program. A prototype

sponsor may apply to the Service for an

opinion letter on a SIMPLE IRA submitted pursuant to this section 4. The

same procedures and user fees apply to

a submission for an opinion letter for a

SIMPLE IRA as those that apply for a

nonSIMPLE IRA, with the exception

described in section 4.02. (See Rev.

Procs. 87–50 and 97–8.)

.02 No opinion letters. The Service

will not issue an opinion letter to a

prototype sponsor on a SIMPLE IRA

that, by its terms, can be used either as

a SIMPLE IRA or a nonSIMPLE IRA.

.03 Sample language. Sample language (also known as Listing of Required Modifications, or LRMs) that the

Service finds acceptable for SIMPLE

IRAs and nonSIMPLE IRAs may be

obtained by writing to the Service at:

Internal Revenue Service, 1111 Constitution Avenue NW, Attention CP:E:EP,

Room 6550, Washington, DC 20224.

‘‘LRM Request’’ should be clearly

printed on the envelope. Alternatively, a

request for LRMs may be faxed to

Nancy Arrington at (202) 622–6199.

SECTION 5. PERMISSIVE

AMENDMENTS FOR NONSIMPLE

IRAS

.01 Amendment for all nonSIMPLE

IRAs.

(1) Background. An employer’s

contribution under a SIMPLE IRA Plan

must be deposited into an employee’s

SIMPLE IRA. A SIMPLE IRA Plan

contribution

deposited

into

a

nonSIMPLE IRA could result in adverse

tax consequences to the employee. Similar adverse tax consequences could occur if, prior to the expiration of the

2-year period beginning on the date an

employee first participated in any

SIMPLE IRA Plan maintained by the

employee’s employer, the employee rolls

over or transfers to a nonSIMPLE IRA

funds from the employee’s SIMPLE

IRA.

(2) Permissive amendment. A prototype nonSIMPLE IRA may be

amended by the prototype sponsor to

prohibit the deposits described in section

5.01(1) that could result in adverse tax

consequences to an employee. Prototype

sponsors and individuals who use this

amended nonSIMPLE IRA do not lose

reliance on a current opinion letter because of this amendment. Therefore, a

prototype sponsor that amends its

nonSIMPLE IRA as suggested in this

paragraph should not submit the

amended nonSIMPLE IRA to the Service for a new opinion letter.

.02 Amendment for spousal nonSIMPLE IRAs.

(1) Background. Section 1427(a) of

the SBJPA amended § 219(c) to increase from $250 to $2,000 the maximum deductible amount that can be

contributed to nonSIMPLE IRAs established for certain married individuals.

This increase applies to an individual’s

taxable years that begin after December

31, 1996.

(2) Permissive amendment. Section

6.03 of Rev. Proc. 87–50 states that an

amendment to an approved IRA solely

to facilitate IRA contributions up to the

maximum amount deductible under

§ 219 will not affect the status of the

IRA and should not be submitted to the

Service. Accordingly, a prototype sponsor that amends a nonSIMPLE IRA

solely to reflect the increase in the

deductible limit for spousal nonSIMPLE

IRAs does not lose reliance on its

current favorable opinion letter and

should not submit the document to the

Service for an opinion letter on the

amendment.

.03 Disclosure statements. A proto-

10

type sponsor that amends its

nonSIMPLE IRA as suggested in sections 5.01(2) or 5.02(2) must change the

corresponding disclosure statement, required pursuant to § 408(i), to reflect

the amendment(s) to the nonSIMPLE

IRA. The prototype sponsor must distribute the amended disclosure statement

to individuals using the amended

nonSIMPLE IRA.

SECTION 6. PROTOTYPE SIMPLE

IRA PLAN PROGRAM

.01 New prototype program. The Service will issue an opinion letter on the

form of a prototype SIMPLE IRA Plan

submitted by a sponsoring organization

or mass submitter (as these terms are

defined in Rev. Proc. 87–50) provided

that the requirements of § 408(p) and

this section 6 are satisfied.

.02 User fees. The user fees and

address for a SIMPLE IRA Plan prototype submission are the same as for a

prototype simplified employee pension

(SEP) submission, as listed in Rev. Proc.

97–8.

.03 Sample language. Sample language that the Service finds acceptable

for use in a SIMPLE IRA Plan may be

obtained by writing to the address indicated in section 4.03.

.04 Application form. The Service anticipates that an application form will be

developed to accommodate a request for

an opinion letter on a SIMPLE IRA

Plan. Until a new form is available,

applicants must use Form 5306–SEP,

Application for Approval of Prototype

Simplified Employee Pension—SEP,

writing ‘‘SIMPLE IRA Plan Request’’

on top of the form and answering all

questions except 3, 7 and 8 (relating to

items unique to SEPs).

.05 No opinion letters. The Service

will not issue an opinion letter to a

prototype sponsor for a SIMPLE IRA

Plan that combines a SIMPLE IRA Plan

and a SIMPLE IRA in the same document.

SECTION 7. TRANSITIONAL RELIEF

.01 SIMPLE IRAs. A SIMPLE IRA

must be established for an employee

prior to the first date a SIMPLE IRA

Plan contribution is required to be deposited into the employee’s SIMPLE

IRA. An employee or employer who

establishes a trust, custodial account or

annuity contract as a SIMPLE IRA in

1997 using a document that has not

been approved for use as a SIMPLE

IRA by the Service is deemed to have

used a document that has been approved

for this use by the Service provided the

conditions in (1) through (4) below are

satisfied:

(1) The employee or employer

used a document provided by a prototype sponsor to establish the ‘‘SIMPLE

IRA.’’

(2) On or before December 31,

1997, the prototype sponsor applies to

the Service for an opinion letter on the

document described in section 7.01(1).

The prototype sponsor must apply for

the opinion letter using the procedures

contained in either section 3 or section 4

of this revenue procedure.

(3) The employee or employer

adopts the approved document within

120 days after the later of: (a) the date

the Service issues a favorable opinion

letter on the document to the prototype

sponsor, and (b) if the prototype sponsor

seeks approval of the document from

one or more state insurance departments

not later than 90 days after the Service

issues a favorable opinion letter on the

document, the date the document is

approved by all such state insurance

departments. If, as a result of amendments to the document required by a

state insurance department, the prototype

sponsor applies to the Service for an

opinion letter on the amended document

within 90 days after it is approved by

such state insurance department, the date

in (a) in the preceding sentence is the

date the Service issues a favorable opinion letter on the amended document.

(4) The employer making contributions to the SIMPLE IRA, the employee

on whose behalf contributions are made,

and the trustee, custodian or issuer of

the SIMPLE IRA comply in operation

with § 408(p) for the period beginning

on the date the first SIMPLE IRA Plan

contribution was deposited into a trust,

custodial account or annuity contract

established under the original document

through the date the employee or employer adopts the approved document.

.02 SIMPLE IRA Plans. An employer

must establish a SIMPLE IRA Plan

using a document that meets the requirements of § 408(p). An employer who

establishes a plan as a SIMPLE IRA

Plan in 1997 using a document that has

not been approved for use as a SIMPLE

IRA Plan by the Service is deemed to

have established a SIMPLE IRA Plan

using a document that has been approved for this use by the Service

provided the conditions in (1) through

(4) below are satisfied:

(1) The employer used a document

provided by a prototype sponsor to

establish the ‘‘SIMPLE IRA Plan.’’

(2) On or before December 31,

1997, the prototype sponsor applies to

the Service for an opinion letter on the

document described in section 7.02(1).

The prototype sponsor must apply for

the opinion letter using the procedures

contained in section 6 of this revenue

procedure.

(3) Within 120 days after the Service issues a favorable opinion letter on

the document to the prototype sponsor,

the employer adopts the approved document.

(4) The employer making contributions under the SIMPLE IRA Plan, the

employees on whose behalf contributions are made, and the trustees, custodians or issuers of the SIMPLE IRAs

established for use with the SIMPLE

IRA Plan comply in operation with

§ 408(p) for the period beginning on

the date the document was first used by

the employer as a SIMPLE IRA Plan

and through the date the employer

adopts the approved document.

SECTION 8. EFFECT ON OTHER

DOCUMENTS

Section 6.06 of Rev. Proc. 97–8 is

modified by sections 3.03(6) and 6.02 of

this revenue procedure, and section 6.02

of Rev. Proc. 87–50 is modified by

sections 3 and 4.02 of this revenue

procedure.

SECTION 9. PAPERWORK

REDUCTION ACT

The collections of information contained in this revenue procedure have

been reviewed and approved by the

Office of Management and Budget in

accordance with the Paperwork Reduction Act (44 U.S.C. § 3507) under control number 1545–1543.

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

respond to, a collection of information

unless the collection of information displays a valid control number.

The collections of information in this

revenue procedure are in sections

3.03(2), 3.03(3), 3.03(5), 4.01, 4.03,

6.01 and 6.03. This information is required to ascertain whether the request

meets the requirements of § 408(p) so

that an opinion letter can be issued to

the applicant. The likely respondents are

(1) businesses or other for-profit institutions and (2) not-for-profit institutions.

11

The estimated total annual reporting

burden is 25,870 hours.

The estimated annual burden per respondent varies from 0.5 hours to 16

hours, depending on individual circumstances, with an estimated average of

8.07 hours. The estimated number of

respondents is 3,205.

The estimated annual frequency of

responses is three requests per applicant.

Books or records relating to a collection

of information must be retained as long

as their contents may become material

in the administration of any internal

revenue law. Generally, an application

for an opinion letter for a prototype plan

is treated as an application for a determination letter and is subject to the

disclosure rules of § 6104.

DRAFTING INFORMATION

The principal author of this revenue

procedure is Roger Kuehnle of the Employee Plans Division. For further information regarding this revenue procedure,

please contact the Employee Plans Division’s taxpayer assistance telephone service at (202) 622–6074/75 (not toll-free

numbers) between 1:30 and 3:30 p.m.,

Eastern Time, Monday through Thursday.

APPENDIX

Model Language

1. To establish a SIMPLE IRA using

an Eligible IRA and the model amendment described in section 3, a prototype

sponsor must follow the procedures in

that section and the instructions below.

A prototype sponsor that replaces one or

more of the words ‘‘contribution,’’ ‘‘participant’’ and ‘‘trustee’’ in the model

language, as authorized by sections 3, 4,

5, and 6 in this appendix, is considered

to have adopted the model language on

a word-for-word basis.

2. The document must be identified

as a SIMPLE IRA.

3. The prototype sponsor must delete

the applicable sections in the Eligible

IRA document dealing with acceptable

contributions (from any source) and add

the following (if different terms are used

in the Eligible IRA document, the words

‘‘contribution’’ and ‘‘participant’’ must

be replaced by the other terms used in

lieu of these terms):

This SIMPLE IRA will accept

only cash contributions made on

behalf of the participant pursuant

to the terms of a SIMPLE IRA

Plan described in section 408(p) of

the Internal Revenue Code. [The

following sentence is optional on

the part of the prototype sponsor:

‘‘A rollover contribution or a

transfer of assets from another

SIMPLE IRA of the participant

will also be accepted.’’] No other

contributions will be accepted.

4. The prototype sponsor must add

the following paragraph to the Eligible

IRA document (if different terms are

used in the Eligible IRA document, the

words ‘‘contribution,’’ ‘‘participant’’ and

‘‘trustee’’ must be replaced by the other

terms used in lieu of these terms):

If contributions made on behalf of

the participant pursuant to a

SIMPLE IRA Plan maintained by

the participant’s employer are received directly by the trustee from

the employer, the trustee will provide the employer with the summary description required by section 408(l)(2) of the Internal

Revenue Code.

5. If the document is to be used with

respect to a SIMPLE IRA by a trustee,

custodian or issuer that is a designated

financial institution within the meaning

of § 408(p)(7), the prototype sponsor

must add the following paragraph to the

Eligible IRA document (if different

terms are used in the Eligible IRA

document, the words ‘‘contribution’’ and

‘‘participant’’ must be replaced by the

other terms used in lieu of these terms):

If this SIMPLE IRA is maintained

by a designated financial institution (within the meaning of section 408(p)(7) of the Internal Revenue Code) under the terms of a

SIMPLE IRA Plan of the participant’s employer, the participant

must be permitted to transfer the

participant’s balance without cost

or penalty (within the meaning of

section 408(p)(7)) to another IRA.

(For further information concerning the

obligations of a designated financial

institution, see Q&As J–1 through J–5

in Notice 97–6. Note that if a trustee,

custodian or issuer with respect to a

SIMPLE IRA is not a designated financial institution, the employer must permit the participant to select the financial

institution to which the employer will

make contributions. (See Q&A E–4 in

Notice 97–6.))

6. The prototype sponsor must add

the following paragraph to the Eligible

12

IRA document (if different terms are

used in the Eligible IRA document, the

words ‘‘contribution’’ and ‘‘participant’’

must be replaced by the other terms

used in lieu of these terms):

Prior to the expiration of the

2-year period beginning on the

date the participant first participated in any SIMPLE IRA Plan

maintained by the participant’s

employer, any rollover or transfer

by the participant of funds from

this SIMPLE IRA must be made

to another SIMPLE IRA of the

participant. Any distribution of

funds to the participant during this

2-year period may be subject to a

25-percent additional tax if the

participant does not roll over the

amount distributed into a SIMPLE

IRA. After the expiration of this

2-year period, the participant may

roll over or transfer funds to any

IRA of the participant that is

qualified under section 408(a) or

(b) of the Internal Revenue Code.

7. The prototype sponsor must delete

any definition of compensation contained in the Eligible IRA document.

Part IV. Items of General Interest

Foundations Status of Certain

Organizations

Announcement 97–58

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:

Aberdeen Area Tribal Chairmans Health

Board, Aberdeen, SD

America’s Child, Cranston, RI

Andhra Adventists Association,

Hyattsville, MD

Association of Black Automotive

Employees Inc., Detroit, MI

Associates of Chicago Urban Day

School, Chicago, IL

Athletic Booster Club of Malibu High

School, Malibu, CA

Attorney Access, Inc., Buffalo, NY

Baldwin Parents in Partnership for

School Age Child Care, Baldwin, NY

Cat Tails, Inc., Lebanon, MO

Christian Oasis Inc., Pineville, LA

Christian Renewal Inc., Bozeman, MT

Christian Works Incorporated, Mission

Hills, CA

Church of Jesus Christ the Divine,

Lebanon, IL

Ciudad De Los Ninos Orphans

Outreach, Seattle, WA

Clubhouse A Childrens Museum,

Tarzana, CA

College Park Community Watch,

Raleigh, NC

Community Alliance Rehabilitation

Services, Omaha, NE

Colorado Animal Refuge Inc., Calhan,

CO

Contemplative Medical Center,

Incorporated, Bethlehem, CT

Design News Engineering Education

Foundation, Newton, MA

Ella Mae Smith Foundation, Chicago, IL

Environomic Research Institute Inc.,

Miami, FL

Evelyn Pacheco Scholarship Fund Inc.,

Raynham, MA

Family Defense Law Project, Inc., New

York, NY

Farms for Life Corporation, Amherst,

VA

Fortress Health Care Systems, Inc.,

Clinton, MD

Friends of Rachel Carson National

Wildlife Refuge, Saco, ME

Future Considerations USA, Falmouth,

ME

Gaylord Area Junior Golf Association

Inc., Gaylord, MI

Goodridge Enterprise Center Inc., York,

PA

Human Services Inc., Jackson Heights,

NY

Infinite Sun Recycling, Kansas City,

MO

Jera Foundation, Minneapolis, MN

Joy Kare Inc., Central Islip, NY

Little Italy Lodge OSIA 2286

Foundation Inc., Baltimore, MD

Long Bridge Ordinary Foundation,

Bena, VA

Los Angeles Police Equestrian Fund,

Los Angeles, CA

Lost Mountain Center for the Guitar,

Carlsborg, WA

Louise Enrichment Group Home, Inc.,

Louise, TX

Love Inc. of South Sacramento County,

Elk Grove, CA

Lowcountry Releaf Inc., Charleston, SC

Lutheran Young Adults of Texas, Austin,

TX

Maine for Me Scholarships, Bangor, ME

Moses Lake Alano Club Foundation,

Moses Lake, WA

Mother Lode Ombudsman, Inc., Sonora,

CA

Motion Dance Troupe, Charlotte, NC

Mountain Recovery Home for Women,

Crestline, CA

Mountains Education Program, Pacific

Palisades, CA

Mount Hamilton Athletic League, San

Jose, CA

Northwest Environmental Protection

Association, Seattle, WA

Northwest Viking Softball Boosters of

Guilford County North Carolina,

Greensboro, NC

100th Street Concerts Association

Incorporated, New York, NY

Owen Frost Ministries, Nyssa, OR

13

Oxford Recovery Club of Washington

Inc., Silver Spring, MD

Peers Unlimited Inc., Columbus, OH

Project Lift Incorporated, Coronado, CA

Project Tiny Tim Fund, Spokane, WA

PTA Washington—Glenwood

Elementary, Tacoma, WA

PTA Washington—Harmony Elementary

PTA 3-6-11, Tacoma, WA

Rainbow Theatre, Inc., Stamford, CT

Soldier Ministries, Inc., Springville, AL

Students Dictionary Foundation Inc.,

Bloomington, IL

Sunrise of Tennessee, Inc., Nashville,

TN

Upstate Prison Ministries, Inc.,

Pottersville, NY

Wisconsin Visual Arts Ltd., Milwaukee,

WI

Your Family and Mine Foundation,

Phoenix, AZ

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.

Requirements Respecting the

Adoption of Change of Accounting

Method; Extensions of Time To

Make Elections; Correction

Announcement 97–59

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Correction to temporary

regulations.

Summary: This document contains corrections to the temporary regulations

(T.D. 8719 [1997–23 I.R.B. 4]) which

were published in the Federal Register

for Thursday, May 15, 1997 (62 FR

26740). The regulations relate to the

procedure for requesting a change in

accounting method and the standards for

granting anextension of time to request

a change in accounting method. The

regulations provide for a longer period

1997–24

I.R.B.

of time for filing an application for

change in accounting method with the

Commissioner.

EFFECTIVE DATE: May 15, 1997.

FOR FURTHER INFORMATION

CONTACT: Cheryl L. Oseekey at (202)

622–4970 (not a toll-free number).

§ 1.446–1T [Corrected]

Paragraph 1. On page 26741, column

1, § 1.446–1T, paragraph (e)(3)(i)(B) is

corrected to read as follows:

*

*

*

*

*

(e) * * *

SUPPLEMENTARY INFORMATION:

Background

The temporary regulations that are the

subject of this correction are under

section 446 of the Internal Revenue

Code.

Need for Correction

As published, the temporary regulations contain two errors which may

prove to be misleading and are in need

of clarification.

(i) * * *

(B) For any form 3115 filed on or

after May 15, 1997, to secure the Commissioner’s consent to a taxpayer’s

change in method of accounting the

taxpayer must file the Form 3115 with

the Commissioner during the taxable

year in which the taxpayer desires to

make the change in method of accounting.

*

1997–24

I.R.B.

Dale D. Goode,

Federal Register Liaison Officer

Ass’t Chief Counsel (Corporate).

(Filed by the Office of the Federal Register on

May 23, 1997, 8:45 a.m., and published in the

issue of the Federal Register for May 27, 1997, 62

F.R. 28630)

(3) * * *

Correction of Publication

Accordingly, the publication of the

temporary regulations which are the

subject of FR Doc. 97–12514 is corrected as follows:

§ 601.204T, paragraph (b)(2) is corrected by removing the last sentence.

*

*

*

*

§ 601.204T [Corrected]

Par. 2. On page 26741, column 2,

14

Telephone Numbers on Substitute

Statements to Recipients—Forms

W–2G, 1098, and 1099

Announcement 97–60

The 1997 Instructions for Forms

1099, 1098, 5498, and W–2G indicate

that payors should include on statements

to recipients the telephone number of a

person to contact. On the official Internal Revenue Service forms, this number

is included in the filer name and address

area on statements to recipients. However, on substitute forms, payors are

permitted to include the telephone number in any conspicuous place on the

statements.

Announcement of the Disbarment, Suspension, or Consent to Voluntary

Suspension of Attorneys, Certified Public Accountants, Enrolled Agents, and

Enrolled Actuaries From Practice Before the Internal Revenue Service

Under 31 Code of Federal Regulations, Part 10, an attorney, certified public accountant, enrolled agent, or enrolled actuary, in order to avoid the

institution or conclusion of a proceeding

for his disbarment or suspension from

practice before the Internal Revenue Service, may offer his consent to suspension

from such practice. The Director of

Practice, in his discretion, may suspend

an attorney, certified public accountant,

enrolled agent, or enrolled actuary in

accordance with the consent offered.

Attorneys, certified public accountants, enrolled agents, and enrolled actuaries are prohibited in any Internal Rev-

enue Service matter from directly or

indirectly employing, accepting assistance from, being employed by or sharing fees with, any practitioner disbarred

or suspended from practice before the

Internal Revenue Service.

To enable attorneys, certified public

accountants, enrolled agents, and enrolled actuaries to identify practitioners

under consent suspension from practice

before the Internal Revenue Service, the

Director of Practice will announce in the

Internal Revenue Bulletin the names and

addresses of practitioners who have

been suspended from such practice, their

designation as attorney, certified public

accountant, enrolled agent, or enrolled

actuary and date or period of suspension. This announcement will appear in

the weekly Bulletin at the earliest practicable date after such action and will

continue to appear in the weekly Bulletins for five successive weeks or for as

many weeks as is practicable for each

attorney, certified public accountant, enrolled agent, or enrolled actuary so

suspended and will be consolidated and

published in the Cumulative Bulletin.

The following individuals have been

placed under consent suspension from

practice before the Internal Revenue

Service:

Name

Address

Designation

Date of Suspension

Bert Jr., Earol L.

Bernard, Lucius P.

Parker, David A.

Severna Park, MD

Corte Medera, CA

Willmar, MN

CPA

Attorney

CPA

February 1, 1997 to July 31, 1997

March 10, 1997 to March 9, 2000

April 13, 1997 to April 12, 2000

Sheldon, Donald

Grandt, Lawrence E.

Reese, Rex E.

Nashville, TN

Barrington, IL

Alexandria, VA

CPA

CPA

Attorney

April 24, 1997 to September 23, 1997

April 24, 1997 to January 23, 1998

May 1, 1997 to April 30, 1999

Glasl, John E.

Coulter, Diane E.

Groves, J. Randall

Lupiloff, Steven

Wilson, Robert L.

Sloop, Wayne F.

Emporium, PA

Monroeville, PA

Matthews, NC

Bloomfield, MI

Spring Hill, FL

Winston-Salem, NC

CPA

CPA

Attorney

Attorney

CPA

CPA

May 1, 1997 to September 30, 1997

May 1, 1997 to April 30, 1998

May 1, 1997 to October 31, 1998

Indefinite from May 6, 1997

May 7, 1997 to October 6, 1998

Indefinite from May 7, 1997

Wilnewic, Mark V.

Lenihan, Michael

Crystal Lake, IL

Cincinnati, OH

CPA

CPA

May 8, 1997 to November 7, 1997

May 14, 1997 to July 13, 1997

Bergmann, Frederick

Farmer, Craig

Denny, Richard

Tampa, FL

Arlington Hghts, IL

Pine Bluff, AR

CPA

CPA

CPA

June 1, 1997 to May 30, 1999

June 1, 1997 to August 31, 1997

June 1, 1997 to July 31, 1997

15

Announcement of the Expedited Suspension of Attorneys, Certified Public

Accountants, Enrolled Agents, and Enrolled Actuaries From Practice Before the

Internal Revenue Service

Under title 31 of the Code of Federal

Regulations, section 10.76, the Director

of Practice is authorized to immediately

suspend from practice before the Internal Revenue Service any practitioner

who, within five years, from the date

the expedited proceeding is instituted,

(1) has had a license to practice as an

attorney, certified public accountant, or

actuary suspended or revoked for cause;

or (2) has been convicted of any crime

under title 26 of the United States Code

or, of a felony under title 18 of the

United States Code involving dishonesty

or breach of trust.

Attorneys, certified public accountants, enrolled agents, and enrolled actu-

aries are prohibited in any Internal Revenue Service matter from directly or

indirectly employing, accepting assistance from, being employed by, or sharing fees with, any practitioner disbarred

or suspended from practice before the

Internal Revenue Service.

To enable attorneys, certified public

accountants, enrolled agents, and enrolled actuaries to identify practitioners

under expedited suspension from practice before the Internal Revenue Service,

the Director of Practice will announce in

the Internal Revenue Bulletin the names

and addresses of practitioners who have

been suspended from such practice, their

designation as attorney, certified public

accountant, enrolled agent, or enrolled

actuary, and date or period of suspension. This announcement will appear in

the weekly Bulletin at the earliest practicable date after such action and will

continue to appear in the weekly Bulletins for five successive weeks or for as

many weeks as is practicable for each

attorney, certified public accountant, enrolled agent, or enrolled actuary so

suspended and will be consolidated and

published in the Cumulative Bulletin.

The following individuals have been

placed under suspension from practice

before the Internal Revenue Service by

virtue of the expedited proceeding provisions of the applicable regulations:

Name

Address

Designation

Date of Suspension

Dally, Candace L.

Mellor, Gary D.

Gottesman, Milton

Winston-Salem, NC

Norton, KS

New York, NY

CPA

Attorney

CPA

Indefinite from April 16, 1997

Indefinite from April 16, 1997

Indefinite from April 16, 1997

Wiener, James

Lunblad, Gerald

Driscoll, Robert J.

Germantown, NY

Sacramento, CA

Denver, CO

Attorney

CPA

Attorney

Indefinite from April 16, 1997

Indefinite from April 16, 1997

Indefinite from April 16, 1997

Alico, Kenneth N.

Mack, Roland G.

Orchard Park, NY

Hyattsville, MD

CPA

CPA

Indefinite from April 16, 1997

Indefinite from May 1, 1997

16

Definition of Terms

Revenue rulings and revenue procedures

(hereinafter referred to as ‘‘rulings’’)

that have an effect on previous rulings

use the following defined terms to describe the effect:

Amplified describes a situation where

no change is being made in a prior

published position, but the prior position

is being extended to apply to a variation

of the fact situation set forth therein.

Thus, if an earlier ruling held that a

principle applied to A, and the new

ruling holds that the same principle also

applies to B, the earlier ruling is amplified. (Compare with modified, below).

Clarified is used in those instances

where the language in a prior ruling is

being made clear because the language

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

prior ruling is being changed.

Distinguished describes a situation

where a ruling mentions a previously

published ruling and points out an essential difference between them.

Modified is used where the substance

of a previously published position is

being changed. Thus, if a prior ruling

held that a principle applied to A but not

to B, and the new ruling holds that it

applies to both A and B, the prior ruling

is modified because it corrects a published position. (Compare with amplified

and clarified, above).

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

used in a ruling that lists previously

published rulings that are obsoleted because of changes in 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.

PHC—Personal Holding Company.

PO—Possession of the U.S.

FC—Foreign Country.

FICA—Federal Insurance Contribution Act.

Pub. L.—Public Law.

REIT—Real Estate Investment Trust.

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.

Rev. Proc.—Revenue Procedure.

Rev. Rul.—Revenue Ruling.

S—Subsidiary.

S.P.R.—Statements of Procedural 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.

M—Minor.

U.S.C.—United States Code.

Nonacq.—Nonacquiescence.

X—Corporation.

O—Organization.

Y—Corporation.

P—Parent 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.

17

PR—Partner.

PRS—Partnership.

PTE—Prohibited Transaction Exemption.

Numerical Finding List1

Bulletin 1997–1 through 1997–23

Announcements:

97–1, 1997–2 I.R.B. 63

97–2, 1997–2 I.R.B. 63

97–3, 1997–2 I.R.B. 63

97–4, 1997–3 I.R.B. 14

97–5, 1997–3 I.R.B. 15

97–6, 1997–4 I.R.B. 11

97–7, 1997–4 I.R.B. 12

97–8, 1997–4 I.R.B. 12

97–9, 1997–5 I.R.B. 27

97–10, 1997–10 I.R.B. 64

97–11, 1997–6 I.R.B. 19

97–12, 1997–7 I.R.B. 55

97–13, 1997–8 I.R.B. 38

97–14, 1997–8 I.R.B. 38

97–15, 1997–9 I.R.B. 23

97–16, 1997–9 I.R.B. 23

97–17, 1997–9 I.R.B. 23

97–18, 1997–10 I.R.B. 67

97–19, 1997–10 I.R.B. 68

97–20, 1997–11 I.R.B. 22

97–21, 1997–11 I.R.B. 23

97–22, 1997–12 I.R.B. 47

97–23, 1997–11 I.R.B. 23

97–24, 1997–11 I.R.B. 24

97–25, 1997–12 I.R.B. 47

97–26, 1997–12 I.R.B. 48

97–27, 1997–13 I.R.B. 30

97–28, 1997–14 I.R.B. 15

97–29, 1997–14 I.R.B. 16

97–30, 1997–14 I.R.B. 16

97–31, 1997–14 I.R.B. 16

97–32, 1997–14 I.R.B. 17

97–33, 1997–15 I.R.B. 8

97–34, 1997–15 I.R.B. 8

97–35, 1997–15 I.R.B. 9

97–36, 1997–15 I.R.B. 10

97–37, 1997–15 I.R.B. 10

97–38, 1997–15 I.R.B. 10

97–39, 1997–16 I.R.B. 27

97–40, 1997–16 I.R.B. 28

97–41, 1997–16 I.R.B. 28

97–42, 1997–17 I.R.B. 19

97–43, 1997–17 I.R.B. 19

97–44, 1997–17 I.R.B. 19

97–45, 1997–17 I.R.B. 20

97–46, 1997–18 I.R.B. 53

97–47, 1997–19 I.R.B. 94

97–48, 1997–20 I.R.B. 8

97–49, 1997–20 I.R.B. 8

97–50, 1997–20 I.R.B. 8

97–51, 1997–20 I.R.B. 9

97–52, 1997–21 I.R.B. 22

97–53, 1997–21 I.R.B. 22

97–54, 1997–22 I.R.B. 23

97–55, 1997–22 I.R.B. 23

97–56, 1997–23 I.R.B. 17

97–57, 1997–23 I.R.B. 18

Notices:

97–1, 1997–2 I.R.B. 22

97–2, 1997–2 I.R.B. 22

97–3, 1997–1 I.R.B. 8

97–4, 1997–2 I.R.B. 24

97–5, 1997–2 I.R.B. 25

97–6, 1997–2 I.R.B. 26

97–7, 1997–1 I.R.B. 8

97–8, 1997–4 I.R.B. 7

97–9, 1997–2 I.R.B. 35

Notices—Continued

Revenue Procedures—Continued

97–10, 1997–2 I.R.B. 41

97–11, 1997–2 I.R.B. 50

97–12, 1997–3 I.R.B. 11

97–13, 1997–6 I.R.B. 13

97–14, 1997–8 I.R.B. 23

97–15, 1997–8 I.R.B. 23

97–16, 1997–9 I.R.B. 15

97–17, 1997–10 I.R.B. 34

97–18, 1997–10 I.R.B. 35

97–19, 1997–10 I.R.B. 40

97–20, 1997–10 I.R.B. 52

97–21, 1997–11 I.R.B. 9

97–22, 1997–13 I.R.B. 9

97–23, 1997–14 I.R.B. 8

97–24, 1997–16 I.R.B. 6

97–25, 1997–16 I.R.B. 8

97–26, 1997–17 I.R.B. 6

97–27, 1997–17 I.R.B. 7

97–28, 1997–18 I.R.B. 45

97–29, 1997–20 I.R.B. 6

97–30, 1997–20 I.R.B. 6

97–31, 1997–21 I.R.B. 5

97–32, 1997–21 I.R.B. 8

97–33, 1997–22 I.R.B. 22

97–8, 1997–1 I.R.B. 187

97–9, 1997–2 I.R.B. 56

97–10, 1997–2 I.R.B. 59

97–11, 1997–6 I.R.B. 13

97–12, 1997–4 I.R.B. 7

97–13, 1997–5 I.R.B. 18

97–14, 1997–5 I.R.B. 20

97–15, 1997–5 I.R.B. 21

97–16, 1997–5 I.R.B. 25

97–17, 1997–9 I.R.B. 15

97–18, 1997–10 I.R.B. 53

97–19, 1997–10 I.R.B. 55

97–20, 1997–11 I.R.B. 10

97–21, 1997–12 I.R.B. 44

97–22, 1997–13 I.R.B. 9

97–23, 1997–17 I.R.B. 7

97–24, 1997–16 I.R.B. 10

97–24A, 1997–20 I.R.B. 7

97–25, 1997–17 I.R.B. 8

97–26, 1997–17 I.R.B. 17

97–27, 1997–21 I.R.B. 10

97–28, 1997–23 I.R.B. 9

Proposed Regulations:

REG–209332–80, 1997–14 I.R.B. 9

REG–209040–88, 1997–7 I.R.B. 34

REG–209121–89, 1997–11 I.R.B. 15

REG–208288–90, 1997–11 I.R.B. 14

REG–209494–90, 1997–8 I.R.B. 24

REG–208172–91, 1997–10 I.R.B. 59

REG–209672–93, 1997–6 I.R.B. 15

REG–209709–94 1997–13 I.R.B. 12

REG–209729–94, 1997–11 I.R.B. 19

REG–209762–95, 1997–3 I.R.B. 12

REG–209785–95, 1997–18 I.R.B. 46

REG–209817–96, 1997–7 I.R.B. 41

REG–209824–96, 1997–11 I.R.B. 19

REG–254394–96, 1997–14 I.R.B. 14

REG–209823–96, 1997–18 I.R.B. 47

REG–209828–96, 1997–6 I.R.B. 15

REG–209830–96, 1997–15 I.R.B. 7

REG–209834–96, 1997–4 I.R.B. 9

REG–209837–96, 1997–23 I.R.B. 8

REG–209839–96, 1997–8 I.R.B. 26

REG–242996–96, 1997–9 I.R.B. 18

REG–246018–96, 1997–8 I.R.B. 30

REG–247678–96, 1997–6 I.R.B. 17

REG–247862–96, 1997–8 I.R.B. 32

REG–248770–96, 1997–8 I.R.B. 33

REG–249819–96, 1997–7 I.R.B. 50

REG–252231–96, 1997–7 I.R.B. 52

REG–252233–96, 1997–9 I.R.B. 19

REG–252665–96, 1997–12 I.R.B. 46

REG–253578–96, 1997–19 I.R.B. 93

REG–105299–97, 1997–23 I.R.B. 8

Public Law:

105–2, 1997–18 I.R.B. 14

Railroad Retirement Quarterly Rate:

1997–21 I.R.B. 4

Revenue Procedures:

97–1, 1997–1 I.R.B. 11

97–2, 1997–1 I.R.B. 64

97–3, 1997–1 I.R.B. 84

97–4, 1997–1 I.R.B. 96

97–5, 1997–1 I.R.B. 132

97–6, 1997–1 I.R.B. 153

97–7, 1997–1 I.R.B. 185

1

See footnote at end of list.

18

Revenue Rulings:

97–1, 1997–2 I.R.B. 10

97–2, 1997–2 I.R.B. 7

97–3, 1997–2 I.R.B. 5

97–4, 1997–3 I.R.B. 6

97–5, 1997–4 I.R.B. 5

97–6, 1997–4 I.R.B. 4

97–7, 1997–5 I.R.B. 14

97–8, 1997–7 I.R.B. 4

97–9, 1997–9 I.R.B. 4

97–10, 1997–10 I.R.B. 31

97–11, 1997–10 I.R.B. 5

97–12, 1997–11 I.R.B. 5

97–13, 1997–16 I.R.B. 4

97–14, 1997–11 I.R.B. 5

97–15, 1997–12 I.R.B. 42

97–16, 1997–13 I.R.B. 4

97–17, 1997–14 I.R.B. 5

97–18, 1997–15 I.R.B. 4

97–19, 1997–18 I.R.B. 11

97–20, 1997–19 I.R.B. 4

97–21, 1997–18 I.R.B. 8

97–22, 1997–20 I.R.B. 5

97–23, 1997–22 I.R.B. 18

97–24, 1997–22 I.R.B. 17

97–25, 1997–23 I.R.B. 4

Social Security Domestic Coverage Threshold:

1997–9, I.R.B. 17

Tax Conventions:

1997–17 I.R.B. 5

Treasury Decisions:

8688, 1997–3 I.R.B. 7

8689, 1997–3 I.R.B. 9

8690, 1997–5 I.R.B. 5

8691, 1997–5 I.R.B. 16

8692, 1997–3 I.R.B. 4

8693, 1997–6 I.R.B. 9

8694, 1997–6 I.R.B. 11

8695, 1997–4 I.R.B. 5

8696, 1997–6 I.R.B. 4

8697, 1997–2 I.R.B. 11

8698, 1997–7 I.R.B. 29

8699, 1997–6 I.R.B. 4

8700, 1997–7 I.R.B. 5

8701, 1997–7 I.R.B. 23

8702, 1997–8 I.R.B. 4

Numerical Finding List—Continued

Bulletins 1997–1 through 1997–23

Treasury Decisions—Continued

8703, 1997–8 I.R.B. 18

8704, 1997–8 I.R.B. 12

8705, 1997–8 I.R.B. 16

8706, 1997–9 I.R.B. 11

8707, 1997–7 I.R.B. 17

8708, 1997–10 I.R.B. 14

8709, 1997–9 I.R.B. 5

8710, 1997–13 I.R.B. 4

8711, 1997–12 I.R.B. 35

8712, 1997–12 I.R.B. 4

8713, 1997–14 I.R.B. 4

8714, 1997–15 I.R.B. 5

8715, 1997–18 I.R.B. 5

8716, 1997–19 I.R.B. 5

8718, 1997–22 I.R.B. 4

8719, 1997–23 I.R.B. 4

8720, 1997–23 I.R.B. 6

1

A cumulative list of all Revenue Rulings,

Revenue Procedures, Treasury Decisions, etc.,

published in Internal Revenue Bulletins 1996–27

through 1996–53 will be found in Internal

Revenue Bulletin 1997–1, dated January 6, 1997.

19

Finding List of Current Action on

Previously Published Items1

Revenue Procedures—Continued

Bulletin 1997–1 through 1997–23

97–3

Amplified by

97–23, 1997–17 I.R.B. 7

*Denotes entry since last publication

Revenue Rulings:

Revenue Procedures:

70–480

Revoked by

97–6, 1997–4 I.R.B. 4

66–3

Modified by

97–11, 1997–6 I.R.B. 13

87–21

Modified by

97–11, 1997–6 I.R.B. 13

92–20

Modified by

97–1, 1997–1 I.R.B. 11

92–20

Modified by

97–10, 1997–2 I.R.B. 59

92–90

Superseded by

97–1, 1997–1 I.R.B. 11

94–52

Revoked by

97–11, 1997–6 I.R.B. 13

96–1

Superseded by

97–1, 1997–1 I.R.B. 11

96–2

Superseded by

97–2, 1997–1 I.R.B. 64

96–3

Superseded by

97–3, 1997–1 I.R.B. 84

96–4

Superseded by

97–4, 1997–1 I.R.B. 96

96–5

Superseded by

97–5, 1997–1 I.R.B. 132

72–527

Obsoleted by

8704, 1997–8 I.R.B. 12

74–59

Revoked by

8708, 1997–10 I.R.B. 14

92–19

Supplemented in part by

97–2, 1997–2 I.R.B. 7

96–12

Superseded by

97–3, 1997–1 I.R.B. 84

96–13

Modified by

97–1, 1997–1 I.R.B. 11

96–22

Superseded by

97–3, 1997–1 I.R.B. 84

96–34

Superseded by

97–3, 1997–1 I.R.B. 84

96–39

Superseded by

97–3, 1997–1 I.R.B. 84

96–43

Superseded by

97–3, 1997–1 I.R.B. 84

96–56

Superseded by

97–3, 1997–1 I.R.B. 84

96–6

Superseded by

97–6, 1997–1 I.R.B. 153

96–7

Superseded by

97–7, 1997–1 I.R.B. 185

96–8

Superseded by

97–8, 1997–1 I.R.B. 187

96–24

96–24A

Superseded by

97–24, 1997–16 I.R.B. 10

96–37

Obsoleted by

97–26, 1997–17 I.R.B. 17

97–2

Amplified by

97–21, 1997–12 I.R.B. 44

1

A cumulative finding list for previously published

items mentioned in Internal Revenue Bulletins

1996–27 through 1996–53 will be found in Internal Revenue Bulletin 1997–1, dated January 6,

1997.

20

NOTES

21

NOTES

22

INTERNAL REVENUE BULLETIN

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Permit No. G–26

INTERNAL REVENUE BULLETIN

The Introduction on page 3 describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is

sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superintendent

of Documents when their subscriptions must be renewed.

CUMULATIVE BULLETINS

The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These

are sold on a single copy basis and are not included as part of the subscription to the Internal Revenue Bulletin. Subscribers to

the weekly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins

are out of print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may

purchase them from the Superintendent of Documents.

HOW TO ORDER

Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance,

detach entire page, and mail to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

Please allow two to six weeks, plus mailing time, for delivery.

Internal Revenue Service

Washington, DC 20224

Official Business

Penalty for Private Use, $300

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