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Bulletin No. 1999–6

February 8, 1999

Internal Revenue

bulletin

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

EMPLOYEE PLANS

Rev. Rul. 99–5, page 8.

T.D. 8806, page 4.

Disregarded entity to partnership. This ruling describes

the federal income tax consequences when a single member

limited liability company that is disregarded as an entity separate from its owner under section 301.7701–3 of the Procedure and Administration Regulations becomes an entity

with more than one owner that is classified as a partnership

for federal tax purposes.

EXEMPT ORGANIZATIONS

Rev. Rul. 99–6, page 6.

Partnership to disregarded entity. This ruling describes

the federal income tax consequences if one person purchases all of the ownership interests in a domestic limited liability company (LLC) that is classified as a partnership

under section 301.7701–3 of the Procedure and Administration Regulations, causing the LLC’s status as a partnership

to terminate under section 708(b)(1)(A) of the Code.

Rev. Rul. 99–8, page 10.

Federal rates; adjusted federal rates; adjusted federal

long-term rate, and the long-term exempt rate. For

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

of the Code, tables set forth the rates for February 1999.

T.D. 8799, page 12.

Final regulations relate to the treatment of certain investment income under the qualifying income provisions of section 7704 of the Code and the application of the passive activity loss rules to publicly traded partnerships.

Finding Lists begin on page 24.

Department of the Treasury

Internal Revenue Service

Final and temporary regulations provide changes to the rules

under section 411 of the Code regarding qualified retirement plan benefits that are protected from reduction by plan

amendment. The changes were made necessary by the Taxpayer Relief Act of 1997.

Announcement 99–13, page 20.

A list is given of organizations now classified as private foundations.

ESTATE TAX

REG–114663–97, page 17.

Proposed regulations under section 2056 of the Code relate

to the effect of certain administration expenses on the valuation of property which qualifies for the estate tax marital or

charitable deduction. A public hearing will be held on April

21, 1999.

ADMINISTRATIVE

Notice 99–10, page 16.

Low-income housing tax credit. Resident population figures for the various states for determining the 1999 calendar year (1) state housing credit ceiling under section 42(h)

of the Code, and (2) private activity bond volume cap under

section 146 of the Code are reproduced.

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Mission of the Service

and by applying the tax law with integrity and fairness to

all.

Provide America’s taxpayers top quality service by helping them understand and meet their tax responsibilities

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.

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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.

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

Section 42.—Low-Income

Housing Credit

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

of February 1999. See Rev. Rul. 99–8, page 10.

Section 280G.—Golden

Parachute Payments

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

rates are set forth for the month of February 1999.

See Rev. Rul. 99–8, page 10.

Section 382.—Limitation on Net

Operating Loss Carryforwards

and Certain Built-In Losses

Following Ownership Change

The adjusted federal long-term rate is set forth

for the month of February 1999. See Rev. Rul. 99–8,

page 10.

isting final regulations to conform with

the TRA ’97 rules regarding in-kind distribution requirements for certain employee stock ownership plans, and specify

the time period during which certain plan

amendments for which relief has been

granted by TRA ’97 may be made without

violating the prohibition against plan

amendments that reduce accrued benefits.

These final regulations affect sponsors of

qualified retirement plans, employers that

maintain qualified retirement plans, and

qualified retirement plan participants.

The amendments to the temporary regulations remove previously issued temporary

regulations on the same subject.

DATES: These regulations are effective

January 8, 1999.

FOR FURTHER INFORMATION CONTACT: Linda S. F. Marshall, (202) 6226030 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Section 411.—Minimum Vesting

Standards

26 CFR 1.411(d)–4: Section 411(d)(6) protected

benefits.

T.D. 8806

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

Employee Stock Ownership

Plans; Section 411(d)(6)

Protected Benefits (Taxpayer

Relief Act of 1997); Qualified

Retirement Plan Benefits

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Final and temporary regulations.

SUMMARY: This document contains

final and temporary regulations providing

for changes to the rules regarding qualified retirement plan benefits that are protected from reduction by plan amendment, that have been made necessary by

the Taxpayer Relief Act of 1997 (TRA

’97). The final regulations change the ex-

February 8, 1999

Background

This document contains amendments to

the Income Tax Regulations (26 CFR part

1) under section 411(d)(6). These regulations change the rules under section

411(d)(6) regarding qualified retirement

plan benefits that are protected from reduction by plan amendment, to take into

account amendments made by the Taxpayer Relief Act of 1997 (TRA ’97), Public Law 105–34, 111 Stat. 788 (1997). On

September 4, 1998, temporary regulations

(T.D. 8781, 1998–40 I.R.B. 4) under section 411(d)(6) were published in the Federal Register (63 F.R. 47172). A notice

of proposed rulemaking (REG–101363–

98, 1998–40 I.R.B. 10), cross-referencing

the temporary regulations, was published

in the Federal Register (63 F.R. 47214)

on the same day. The temporary regulations conform the regulations to the TRA

’97 amendments to section 409 regarding

the general requirement that employee

stock ownership plans offer distributions

in the form of employer securities. In addition, the temporary regulations specify

the time period during which certain plan

amendments for which relief has been

granted by TRA ’97 may be made without

violating section 411(d)(6).

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One written comment responding to the

notice of proposed rulemaking was received. No public hearing was requested

or held. The proposed regulations under

section 411(d)(6) are adopted by this

Treasury decision, and the corresponding

temporary regulations are removed.

Explanation of Provisions

Section 411(d)(6) provides that a plan is

not treated as satisfying the requirements

of section 411 if the accrued benefit of a

participant is decreased by a plan amendment. Under section 411(d)(6)(B), a plan

amendment that eliminates an optional

form of benefit is treated as reducing accrued benefits to the extent that the amendment applies to benefits accrued as of the

later of the adoption date or the effective

date of the amendment. Sections

1.411(d)–4, Q&A-1(b)(1) and 1.401(a)(4)–

4(e) specify that different optional forms of

benefit within the meaning of section

411(d)(6)(B) result from differences in the

medium of a distribution (e.g., cash or inkind) from a plan. Section 411(d)(6)(C)

provides that any tax credit employee

stock ownership plan or any employee

stock ownership plan is not treated as failing to meet the requirements of section

411(d)(6) merely because it modifies distribution options in a nondiscriminatory

manner.

Special Rules Regarding Medium of

Distribution from ESOPs

Section 409(h) contains requirements

relating to distributions from tax credit

employee stock ownership plans. Section

4975(e)(7) extends the requirements of

section 409(h) to other employee stock

ownership plans as well, and section

401(a)(23) extends the requirements of

section 409(h) to qualified plans that are

stock bonus plans. Under section 409(h)(1)(A), an employee stock ownership plan

or other stock bonus plan generally is required to make distributions available in

the form of employer securities. Prior to

its amendment by TRA ’97, section

409(h)(2) provided an exception to this

rule in the case of an employer whose

charter or bylaws restrict the ownership of

substantially all outstanding employer se-

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curities to employees or to a trust described in section 401(a).

Under section 1361, certain small business corporations that do not have more

than 75 shareholders are eligible to elect

treatment as S corporations whose tax attributes generally flow through to shareholders in accordance with the rules of

subchapter S of chapter 1 of subtitle A of

the Internal Revenue Code. Prior to the

Small Business Job Protection Act of

1996 (SBJPA), Public Law 104-188, 110

Stat. 1755 (1996), an S corporation could

not maintain an employee stock ownership plan because an S corporation could

not have a qualified trust described in section 401(a) as a shareholder. SBJPA

amended the requirements for S corporations, effective for tax years beginning

after December 31, 1996, to permit certain tax-exempt organizations, including

qualified trusts described in section

401(a), to be S corporation shareholders.

TRA ’97 made an additional change to

the rules governing qualified plans holding securities of an S corporation employer, to make it easier for S corporation

employers to facilitate employee ownership of employer securities through qualified plans. Section 1506 of TRA ’97 extends the exception of section 409(h)(2)

to cover S corporations, effective for taxable years beginning after December 31,

1997. Pursuant to this change, tax credit

employee stock ownership plans, employee stock ownership plans, and other

stock bonus plans established and maintained by S corporation employers are not

required to offer distributions in the form

of employer securities.

Section 1.411(d)–4, Q&A-2(d)(2)(ii)

provides an exception from the requirements of section 411(d)(6) for plan

amendments that eliminate optional forms

of benefit from a tax credit employee

stock ownership plan, an employee stock

ownership plan, or a stock bonus plan, for

certain employers. Section 1.411(d)–4,

Q&A-2(d)(2)(ii) applies to employers that

become substantially employee-owned, if

the employer otherwise meets the requirements of section 409(h)(2) with respect to

restrictions on the ownership of outstanding employer stock. These regulations retain the provision in the temporary regulations to expand the exception of

§1.411(d)–4, Q&A-2(d)(2)(ii) from the

requirements of section 411(d)(6) to

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apply to S corporations as well, to reflect

the TRA ’97 changes to section 409(h).

Rules for Plan Amendments Pursuant to

TRA ’97

Section 1541 of TRA ’97 contains provisions relating to plan amendments that

are adopted as a result of TRA ’97. If section 1541 applies to a plan amendment,

section 1541(a) provides that the plan will

be treated as operated in accordance with

its terms and will not fail to satisfy the requirements of section 411(d)(6) by reason

of the amendment. Section 1541 applies

to a plan amendment that is made pursuant to a legislative change in the pension and employee benefit provisions of

TRA ’97, provided the following conditions are satisfied. First, the plan amendment must be adopted before the first day

of the first plan year beginning on or after

January 1, 1999 (2001, in the case of a

governmental plan, as defined in section

414(d)). Second, the plan must be operated in accordance with the terms of the

plan amendment, beginning on the date

the legislative change takes effect, or, if

the amendment is not required by the legislative change, the effective date of the

amendment specified by the plan. Third,

the plan amendment must be made

retroactively effective.

The remedial amendment period for

adopting plan amendments to which section 1541 of TRA ’97 applies was extended pursuant to the rules of section

401(b) in Rev. Proc. 98–14 (1998–4

I.R.B. 22). To provide a uniform time for

plan amendment, these regulations add a

new §1.411(d)–4, Q&A-11 to retain the

rule of §1.411(d)–4T, Q&A-11 of the

temporary regulations extending the time

for the section 411(d)(6) relief provided

by section 1541 of TRA ’97 to the end of

the remedial amendment period for these

plan amendments.

The sole commentator raised a concern

regarding whether this extension of the

time period for section 411(d)(6) relief

originally provided under section 1541 of

TRA ’97 restricts the time during which

any plan amendment can be made to eliminate in-kind distributions of employer securities from employee stock ownership

plans of S corporations. The extension of

the time period for this section 1541 statutory relief pursuant to §1.411(d)–4, Q&A11 does not restrict the time period during

5

which a plan amendment can be made to

eliminate these in-kind distributions as

permitted under §1.411(d)–4, Q&A2(d)(2)(ii); to the contrary, the §1.411(d)4, Q&A-11 extension of this statutory relief period provides an additional time

period for the adoption of certain plan

amendments to eliminate these in-kind

distributions after these in-kind distributions have been eliminated in operation.

Under the ongoing rule of §1.411(d)–4,

Q&A-2(d)(2)(ii), a plan amendment to

eliminate these in-kind distributions that

is effective with respect to distributions

payable after the date the amendment is

adopted can be made at any time during

taxable years of the employer beginning

after December 31, 1997.

Special Analyses

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

Therefore, a regulatory assessment is not

required. It also has been determined that

section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) 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. 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 businesses.

Drafting Information

The principal author of these regulations is Linda S. F. Marshall, Office of the

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

Treasury Department participated in their

development.

* * * * *

Adoption of Amendments to the

Regulations

Accordingly, 26 CFR part 1 is amended

as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation for

February 8, 1999

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part 1 is amended by adding an entry in

numerical order to read in part as follows:

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

§1.411(d)–4T also issued under 26

U.S.C. 411(d)(6). * * *

Par. 2. Section 1.411(d)-4 is amended

by:

1. Revising Q&A-2(d)(2)(ii).

2. Removing the last sentence of

Q&A-2(d)(3).

3. Adding Q&A-11.

The additions and revisions read as follows:

§1.411(d)–4 Section 411(d)(6) protected

benefits.

* * * * *

Q-2: * * *

A-2: * * *

(d) * * *

(2) * * *

(ii) Employer becomes substantially

employee-owned or is an S corporation.

The employer eliminates, or retains the

discretion to eliminate, with respect to all

participants, optional forms of benefit by

substituting cash distributions for distributions in the form of employer stock with

respect to benefits subject to section

409(h) in the circumstances described in

paragraph (d)(1)(ii)(A) or (B) of this

Q&A-2, but only if the employer otherwise meets the requirements of section

409(h)(2)—

(A) The employer becomes substantially employee-owned; or

(B) For taxable years of the employer

beginning after December 31, 1997, the

employer is an S corporation as defined in

section 1361.

* * * * *

Q-11: To what extent may a plan

amendment that is made pursuant to the

Taxpayer Relief Act of 1997 (TRA ’97)

(Public Law 105–34, 111 Stat. 788), reduce or eliminate section 411(d)(6) protected benefits?

A-11: A plan amendment does not violate the requirements of section 411(d)(6)

merely because the plan amendment reduces or eliminates section 411(d)(6) protected benefits as of the effective date of

the plan amendment, provided that—

(a) The plan amendment is made pursuant to an amendment made by title XV,

or subtitle H of title X, of TRA ’97; and

February 8, 1999

(b) The plan amendment is adopted no

later than the last day of any remedial

amendment period that applies to the plan

pursuant to §§1.401(b)–1 and 1.401(b)–

1T for changes under TRA ’97.

Section 483.—Interest on

Certain Deferred Payments

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

of February 1999. See Rev. Rul. 99–8, page 10.

§1.411(d)–4T [Removed]

Par. 3. Section 1.411(d)–4T is removed.

Section 642.—Special Rules for

Credits and Deductions

Robert E. Wenzel,

Deputy Commissioner of

Internal Revenue.

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

rates are set forth for the month of February 1999.

See Rev. Rul. 99–8, page 10.

Approved January 7, 1999.

Donald C. Lubick,

Assistant Secretary of

the Treasury.

(Filed by the Office of the Federal Register on January 7, 1999, 8:45 a.m., and published in the issue of

the Federal Register for January 8, 1999, 64 F.R.

1125)

Section 412.—Minimum

Funding Standards

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

of February 1999. See Rev. Rul. 99–8, page 10.

Section 708.—Continuation of

Partnership

26 CFR 1.708–1: Continuation of partnership.

(Also sections 731, 732, 735, 741, 751, 1012;

1.741–1; 301.7701–2, 301.7701–3.)

Partnership to disregarded entity.

This ruling describes the federal income

tax consequences if one person purchases

all of the ownership interests in a domestic limited liability company (LLC) that is

classified as a partnership under section

301.7701–3 of the Procedure and Administration Regulations, causing the LLC’s

status as a partnership to terminate under

section 708(b)(1)(A) of the Code.

Rev. Rul. 99–6

Section 467.—Certains

Payments for the Use of

Property or Services

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

of February 1999. See Rev. Rul. 99–8, page 10.

Section 468.—Special Rules for

Mining and Solid Waste

Reclamation and Closing Costs

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

of February 1999. See Rev. Rul. 99–8, page 10.

Section 482.—Allocation of

Income and Deductions Among

Taxpayers

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

rates are set forth for the month of February 1999.

See Rev. Rul. 99–8, page 10.

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ISSUE

What are the federal income tax consequences if one person purchases all of the

ownership interests in a domestic limited

liability company (LLC) that is classified

as a partnership under § 301.7701–3 of

the Procedure and Administration Regulations, causing the LLC’s status as a partnership to terminate under § 708(b)(1)(A)

of the Internal Revenue Code?

FACTS

In each of the following situations, an

LLC is formed and operates in a state

which permits an LLC to have a single

owner. Each LLC is classified as a partnership under § 301.7701–3. Neither of

the LLCs holds any unrealized receivables or substantially appreciated inventory for purposes of § 751(b). For the

sake of simplicity, it is assumed that neither LLC is liable for any indebtedness,

nor are the assets of the LLCs subject to

any indebtedness.

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Situation 1. A and B are equal partners

in AB, an LLC. A sells A’s entire interest

in AB to B for $10,000. After the sale, the

business is continued by the LLC, which

is owned solely by B.

Situation 2. C and D are equal partners

in CD, an LLC. C and D sell their entire

interests in CD to E, an unrelated person,

in exchange for $10,000 each. After the

sale, the business is continued by the

LLC, which is owned solely by E.

After the sale, in both situations, no entity classification election is made under §

301.7701–3(c) to treat the LLC as an association for federal tax purposes.

LAW

Section 708(b)(1)(A) and § 1.708–

1(b)(1) of the Income Tax Regulations

provide that a partnership shall terminate

when the operations of the partnership are

discontinued and no part of any business,

financial operation, or venture of the partnership continues to be carried on by any

of its partners in a partnership.

Section 731(a)(1) provides that, in the

case of a distribution by a partnership to a

partner, gain is not recognized to the partner except to the extent that any money

distributed exceeds the adjusted basis of

the partner’s interest in the partnership

immediately before the distribution.

Section 731(a)(2) provides that, in the

case of a distribution by a partnership in

liquidation of a partner’s interest in a partnership where no property other than

money, unrealized receivables (as defined

in § 751(c)), and inventory (as defined in

§ 751(d)(2)) is distributed to the partner,

loss is recognized to the extent of the excess of the adjusted basis of the partner’s

interest in the partnership over the sum of

(A) any money distributed, and (B) the

basis to the distributee, as determined

under § 732, of any unrealized receivables and inventory.

Section 732(b) provides that the basis

of property (other than money) distributed

by a partnership to a partner in liquidation

of the partner ’s interest shall be an

amount equal to the adjusted basis of the

partner’s interest in the partnership, reduced by any money distributed in the

same transaction.

Section 735(b) provides that, in determining the period for which a partner has

1999–6 I.R.B

held property received in a distribution

from a partnership (other than for purposes of § 735(a)(2)), there shall be included the holding period of the partnership, as determined under § 1223, with

respect to the property.

Section 741 provides that gain or loss

resulting from the sale or exchange of an

interest in a partnership shall be recognized by the transferor partner, and that

the gain or loss shall be considered as

gain or loss from a capital asset, except as

provided in § 751 (relating to unrealized

receivables and inventory items).

Section 1.741–1(b) provides that § 741

applies to the transferor partner in a twoperson partnership when one partner sells

a partnership interest to the other partner,

and to all the members of a partnership

when they sell their interests to one or

more persons outside the partnership.

Section 301.7701–2(c)(1) provides

that, for federal tax purposes, the term

“partnership” means a business entity (as

the term is defined in § 301.7701–2(a))

that is not a corporation and that has at

least two members.

In Edwin E. McCauslen v. Commissioner, 45 T.C. 588 (1966), one partner in

an equal, two-person partnership died, and

his partnership interest was purchased

from his estate by the remaining partner.

The purchase caused a termination of the

partnership under § 708(b)(1)(A). The

Tax Court held that the surviving partner

did not purchase the deceased partner’s interest in the partnership, but that the surviving partner purchased the partnership

assets attributable to the interest. As a result, the surviving partner was not permitted to succeed to the partnership’s holding

period with respect to these assets.

Rev. Rul. 67–65, 1967–1 C.B. 168, also

considered the purchase of a deceased

partner’s interest by the other partner in a

two-person partnership. The Service

ruled that, for the purpose of determining

the purchaser’s holding period in the assets attributable to the deceased partner’s

interest, the purchaser should treat the

transaction as a purchase of the assets attributable to the interest. Accordingly, the

purchaser was not permitted to succeed to

the partnership’s holding period with respect to these assets. See also Rev. Rul.

55–68, 1955–1 C.B. 372.

7

ANALYSIS AND HOLDINGS

Situation 1. The AB partnership terminates under § 708(b)(1)(A) when B purchases A’s entire interest in AB. Accordingly, A must treat the transaction as the

sale of a partnership interest. Reg.

§ 1.741–1(b). A must report gain or loss,

if any, resulting from the sale of A’s partnership interest in accordance with § 741.

Under the analysis of McCauslen and

Rev. Rul. 67–65, for purposes of determining the tax treatment of B, the AB

partnership is deemed to make a liquidating distribution of all of its assets to A and

B, and following this distribution, B is

treated as acquiring the assets deemed to

have been distributed to A in liquidation

of A’s partnership interest.

B’s basis in the assets attributable to A’s

one-half interest in the partnership is

$10,000, the purchase price for A’s partnership interest. Section 1012. Section

735(b) does not apply with respect to the

assets B is deemed to have purchased

from A. Therefore, B’s holding period for

these assets begins on the day immediately following the date of the sale. See

Rev. Rul. 66–7, 1966–1 C.B. 188, which

provides that the holding period of an

asset is computed by excluding the date

on which the asset is acquired.

Upon the termination of AB, B is considered to receive a distribution of those

assets attributable to B’s former interest in

AB. B must recognize gain or loss, if any,

on the deemed distribution of the assets to

the extent required by § 731(a). B’s basis

in the assets received in the deemed liquidation of B’s partnership interest is determined under § 732(b). Under § 735(b),

B’s holding period for the assets attributable to B’s one-half interest in AB includes the partnership’s holding period

for such assets (except for purposes of

§ 735(a)(2)).

Situation 2. The CD partnership terminates under § 708(b)(1)(A) when E purchases the entire interests of C and D in

CD. C and D must report gain or loss, if

any, resulting from the sale of their partnership interests in accordance with

§ 741.

For purposes of classifying the acquisition by E, the CD partnership is deemed

to make a liquidating distribution of its

assets to C and D. Immediately following

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this distribution, E is deemed to acquire,

by purchase, all of the former partnership’s assets. Compare Rev. Rul. 84–111,

1984–2 C.B. 88 (Situation 3), which determines the tax consequences to a corporate transferee of all interests in a partnership in a manner consistent with

McCauslen, and holds that the transferee’s basis in the assets received equals

the basis of the partnership interests, allocated among the assets in accordance with

§ 732(c).

E’s basis in the assets is $20,000 under

§ 1012. E’s holding period for the assets

begins on the day immediately following

the date of sale.

DRAFTING INFORMATION

The principal author of this revenue

ruling is Matthew Lay of the Office of Assistant Chief Counsel (Passthroughs and

Special Industries). For further information regarding this revenue ruling contact

Mr. Lay at (202) 622-3050 (not a toll-free

call).

Section 721.—Nonrecognition

of Gain or Loss on Contribution

26 CFR 1.721–1: Nonrecognition of gain or loss on

contribution.

(Also sections 722, 723, 1001, 1012, 1223, 7701;

1.1223–1, 301.7701–3.)

Disregarded entity to partnership.

This ruling describes the federal income

tax consequences when a single member

limited liability company that is disregarded as an entity separate from its

owner under section 301.7701–3 of the

Procedure and Administration Regulations becomes an entity with more than

one owner that is classified as a partnership for federal tax purposes.

Rev. Rul. 99–5

ISSUE

What are the federal income tax consequences when a single member domestic

limited liability company (LLC) that is

disregarded for federal tax purposes as an

entity separate from its owner under

§ 301.7701–3 of the Procedure and Administration Regulations becomes an entity with more than one owner that is classified as a partnership for federal tax

purposes?

February 8, 1999

FACTS

In each of the following two situations,

an LLC is formed and operates in a state

which permits an LLC to have a single

owner. Each LLC has a single owner, A,

and is disregarded as an entity separate

from its owner for federal tax purposes

under § 301.7701–3. In both situations,

the LLC would not be treated as an investment company (within the meaning of

§ 351) if it were incorporated. All of the

assets held by each LLC are capital assets

or property described in § 1231. For the

sake of simplicity, it is assumed that neither LLC is liable for any indebtedness,

nor are the assets of the LLCs subject to

any indebtedness.

Situation 1. B, who is not related to A,

purchases 50% of A’s ownership interest

in the LLC for $5,000. A does not contribute any portion of the $5,000 to the

LLC. A and B continue to operate the

business of the LLC as co-owners of the

LLC.

Situation 2. B, who is not related to A,

contributes $10,000 to the LLC in exchange for a 50% ownership interest in

the LLC. The LLC uses all of the contributed cash in its business. A and B continue to operate the business of the LLC

as co-owners of the LLC.

After the sale, in both situations, no entity classification election is made under

§ 301.7701–3(c) to treat the LLC as an association for federal tax purposes.

LAW AND ANALYSIS

Section 721(a) generally provides that

no gain or less shall be recognized to a

partnership or to any of its partners in the

case of a contribution of property to the

partnership in exchange for an interest in

the partnership.

Section 722 provides that the basis of

an interest in a partnership acquired by a

contribution of property, including

money, to the partnership shall be the

amount of the money and the adjusted

basis of the property to the contributing

partner at the time of the contribution increased by the amount (if any) of gain

recognized under § 721(b) to the contributing partner at such time.

Section 723 provides that the basis of

property contributed to a partnership by a

partner shall be the adjusted basis of the

property to the contributing partner at the

8

time of the contribution increased by the

amount (if any) of gain recognized under

§ 721(b) to the contributing partner at

such time.

Section 1001(a) provides that the gain

or loss from the sale or other disposition

of property shall be the difference between the amount realized therefrom and

the adjusted basis provided in § 1011.

Section 1223(1) provides that, in determining the holding period of a taxpayer

who receives property in an exchange,

there shall be included the period for

which the taxpayer held the property exchanged if the property has the same basis

in whole or in part in the taxpayer’s hands

as the property exchanged, and the property exchanged at the time of the exchange was a capital asset or property described in § 1231.

Section 1223(2) provides that, regardless of how a property is acquired, in determining the holding period of a taxpayer

who holds the property, there shall be included the period for which such property

was held by any other person if the property has the same basis in whole or in part

in the taxpayer’s hands as it would have

in the hands of such other person.

HOLDING(S)

Situation 1. In this situation, the LLC,

which, for federal tax purposes, in disregarded as an entity separate from its

owner, is converted to a partnership when

the new member, B, purchases an interest

in the disregarded entity from the owner,

A. B’s purchase of 50% of A’s ownership

interest in the LLC is treated as the purchase of a 50% interest in each of the

LLC’s assets, which are treated as held directly by A for federal tax purposes. Immediately thereafter, A and B are treated

as contributing their respective interests

in those assets to a partnership in exchange for ownership interests in the partnership.

Under § 1001, A recognizes gain or

loss from the deemed sale of the 50% interest in each asset of the LLC to B.

Under § 721(a), no gain or loss is recognized by A or B as a result of the conversion of the disregarded entity to a partnership.

Under § 722, B’s basis in the partnership interest is equal to $5,000, the

amount paid by B to A for the assets

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which B is deemed to contribute to the

newly-created partnership. A’s basis in

the partnership interest is equal to A’s

basis in A’s 50% share of the assets of the

LLC.

Under § 723, the basis of the property

treated as contributed to the partnership

by A and B is the adjusted basis of that

property in A’s and B’s hands immediately after the deemed sale.

Under § 1223(1), A’s holding period

for the partnership interest received includes A’s holding period in the capital

assets and property described in § 1231

held by the LLC when it converted from

an entity that was disregarded as an entity

separate from A to a partnership. B’s holding period for the partnership interest begins on the day following the date of B’s

purchase of the LLC interest from A. See

Rev. Rul. 66–7, 1966–1 C.B. 188, which

provides that the holding period of a purchased asset is computed by excluding the

date on which the asset is acquired. Under

§ 1223(2), the partnership’s holding period for the assets deemed transferred to it

includes A’s and B’s holding periods for

such assets.

Situation 2. In this situation, the LLC is

converted from an entity that is disregarded as an entity separate from its

owner to a partnership when a new member, B, contributes cash to the LLC. B’s

contribution is treated as a contribution to

a partnership in exchange for an ownership interest in the partnership. A is

treated as contributing all of the assets of

the LLC to the partnership in exchange

for a partnership interest.

Under § 721(a), no gain or loss is recognized by A or B as a result of the conversion of the disregarded entity to a partnership.

Under § 722, B’s basis in the partnership interest is equal to $10,000, the

amount of cash contributed to the partnership. A’s basis in the partnership interest

is equal to A’s basis in the assets of the

LLC which A was treated as contributing

to the newly-created partnership.

Under § 723, the basis of the property

contributed to the partnership by A is the

adjusted basis of that property in A’s

hands. The basis of the property contributed to the partnership by B is

$10,000, the amount of cash contributed

to the partnership.

1999–6 I.R.B

Under § 1223(1), A’s holding period for

the partnership interest received includes

A’s holding period in the capital and

§ 1231 assets deemed contributed when

the disregarded entity converted to a partnership. B’s holding period for the partnership interest begins on the day following

the date of B’s contribution of money to

the LLC. Under § 1223(2), the partnership’s holding period for the assets transferred to it includes A’s holding period.

Section 732.—Basis of

Distributed Property Other Than

Money

DRAFTING INFORMATION

Section 735.—Character of

Gain or Loss on Disposition of

Distributed Property

The principal authors of this revenue

ruling are Matthew Lay of the Office of

Assistant Chief Counsel (Passthroughs

and Special Industries) and Mark D. Harris of the Office of Associate Chief Counsel (International). For further information regarding this revenue ruling contact

Mr. Lay at 202-622-3050 (not a toll-free

call).

Section 722.—Basis of

Contributing Partner’s Interest

26 CFR 1.722–1: Basis of contributing partner’s

interest.

26 CFR 1.732–1: Basis of distributed property

other than money.

Tax consequences if one person purchases all of

the ownership interests in a domestic limited liability company that is classified as a partnership. See

Rev. Rul. 99–6, page 6.

26 CFR 1.735–1: Character of gain or loss on

disposition of distributed property.

Tax consequences if one person purchases all of

the ownership interests in a domestic limited liability company that is classified as a partnership. See

Rev. Rul. 99–6, page 6.

Section 741.—Recognition and

Character of Gain or Loss on

Sale or Exchange

26 CFR 1.741–1: Recognition and character of gain

or loss on sale or exchange.

Tax consequences when a single member domestic limited liability company that is disregarded as

an entity separate from its owner becomes an entity

with more than one owner that is classified as a partnership. See Rev. Rul. 99–5, page 8.

Tax consequences if one person purchases all of

the ownership interests in a domestic limited liability company that is classified as a partnership. See

Rev. Rul. 99–6, page 6.

Section 723.—Basis of Property

Contributed to Partnership

Section 751.—Unrealized

Receivables and Inventory Items

26 CFR 1.723–1: Basis of property contributed to

partnership.

26 CFR 1.751–1: Unrealized receivables and

inventory items.

Tax consequences when a single member domestic limited liability company that is disregarded as

an entity separate from its owner becomes an entity

with more than one owner that is classified as a partnership. See Rev. Rul. 99–5, page 8.

Tax consequences if one person purchases all of

the ownership interests in a domestic limited liability company that is classified as a partnership. See

Rev. Rul. 99–6, page 6.

Section 731.—Extent of

Recognition of Gain or Loss on

Distribution

26 CFR 1.731–1: Extent of recognition of gain or

loss on distribution.

Tax consequences if one person purchases all of

the ownership interests in a domestic limited liability company that is classified as a partnership. See

Rev. Rul. 99–6, page 6.

Section 807.—Rules for Certain

Reserves

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

of February 1999. See Rev. Rul. 99–8, page 10.

Section 846.—Discounted

Unpaid Losses Defined

The adjusted applicable federal short-term, mid-

9

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Page 10

term, and long-term rates are set forth for the month

of February 1999. See Rev. Rul. 99–8, page 10.

ity company that is classified as a partnership. See

Rev. Rul. 99–6, page 6.

Section 1001.—Determination

of Amount of and Recognition of

Gain or Loss

Section 1223.—Basis Period of

Property

Rev. Rul. 99–8

26 CFR 1.1223–1: Determination of period for

which capital assets are held.

26 CFR 1.1001–1: Computation of gain or loss.

Tax consequences when a single member domestic limited liability company that is disregarded as

an entity separate from its owner becomes an entity

with more than one owner that is classified as a partnership. See Rev. Rul. 99–5, page 8.

Tax consequences when a single member domestic limited liability company that is disregarded as

an entity separate from its owner becomes an entity

with more than one owner that is classified as a partnership. See Rev. Rul. 99–5, page 8.

Section 1012.—Basis of

Property—Cost

Section 1274.—Determination

of Issue Price in the Case of

Certain Debt Instruments Issued

for Property

26 CFR 1.1012–1: Basis of property.

Tax consequences when a single member domestic limited liability company that is disregarded as

an entity separate from its owner becomes an entity

with more than one owner that is classified as a partnership. See Rev. Rul. 99–5, page 8.

Tax consequences if one person purchases all of

the ownership interests in a domestic limited liabil-

sections of the Code, tables set forth the

rates for February 1999.

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

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

Federal rates; adjusted federal rates;

adjusted federal long-term rate, and

the long-term exempt rate. For purposes

of sections 1274, 1288, 382, and other

This revenue ruling provides various

prescribed rates for federal income tax

purposes for February 1999 (the current

month.) Table 1 contains the short-term,

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

purposes of section 1274(d) of the Internal Revenue Code. Table 2 contains the

short-term, mid-term, and long-term adjusted applicable federal rates (adjusted

AFR) for the current month for purposes

of section 1288(b). Table 3 sets forth the

adjusted federal long-term rate and the

long-term tax-exempt rate described in

section 382(f). Table 4 contains the appropriate percentages for determining the

low-income housing credit described in

section 42(b)(2) for buildings placed in

service during the current month. Finally,

Table 5 contains the federal rate for determining the present value of an annuity, an

interest for life or for a term of years, or a

remainder or a reversionary interest for

purposes of section 7520.

REV. RUL. 99–8 TABLE 1

Applicable Federal Rates (AFR) for February 1999

Period for Compounding

Annual

Semiannual

Quarterly

Monthly

Short-Term

AFR

110% AFR

120% AFR

4.62%

5.09%

5.56%

4.57%

5.03%

5.48%

4.54%

5.00%

5.44%

4.53%

4.98%

5.42%

130% AFR

6.03%

5.94%

5.90%

5.87%

Mid-Term

AFR

110% AFR

120% AFR

130% AFR

150% AFR

175% AFR

4.71%

5.20%

5.67%

6.15%

7.11%

8.33%

4.66%

5.13%

5.59%

6.06%

6.99%

8.16%

4.63%

5.10%

5.55%

6.01%

6.93%

8.08%

4.62%

5.08%

5.53%

5.98%

6.89%

8.02%

Long-Term

AFR

110% AFR

120% AFR

130% AFR

5.24%

5.77%

6.30%

6.83%

5.17%

5.69%

6.20%

6.72%

5.14%

5.65%

6.15%

6.66%

5.12%

5.62%

6.12%

6.63%

February 8, 1999

10

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REV. RUL. 99–8 TABLE 2

Adjusted AFR for February 1999

Period for Compounding

Annual

Semiannual

Quarterly

Monthly

Short-term

adjusted AFR

3.13%

3.11%

3.10%

3.09%

Mid-term

adjusted AFR

3.87%

3.83%

3.81%

3.80%

Long-term

adjusted AFR

4.71%

4.66%

4.63%

4.62%

REV. RUL. 99–8 TABLE 3

Rates Under Section 382 for February 1999

Adjusted federal long-term rate for the current month

4.71%

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

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

4.71%

REV. RUL. 99–8 TABLE 4

Appropriate Percentages Under Section 42(b)(2) for February 1999

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

8.16%

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

3.50%

REV. RUL. 99–8 TABLE 5

Rate Under Section 7520 for February 1999

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

term of years, or a remainder or reversionary interest

1999–6 I.R.B

11

5.6%

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Section 1288.—Treatment of

Original Issue Discount on TaxExempt Obligations

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

of February 1999. See Rev. Rul. 99–8, page 10.

Section 7520.—Valuation Tables

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

of February 1999. See Rev. Rul. 99–8, page 10.

Section 7701.—Definitions

26 CFR 7701–3: Classification of certain business

entities.

Tax consequences when a single member domestic limited liability company that is disregarded as

an entity separate from its owner becomes an entity

with more than one owner that is classified as a partnership. See Rev. Rul. 99–5, page 8.

Tax consequences if one person purchases all of

the ownership interests in a domestic limited liability company that is classified as a partnership. See

Rev. Rul. 99–6, page 6.

Section 7704.—Certain Publicly

Traded Partnerships Treated as

Corporations

26 CFR 1.7704–3: Qualifying income.

T.D. 8799

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

Certain Investment Income

Under the Qualifying Income

Provisions of Section 7704 and

the Application of the Passive

Activity Loss Rules to Publicly

Traded Partnerships

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Final regulations.

SUMMARY: This document contains

final regulations relating to the treatment

of certain investment income under the

qualifying income provisions of section

February 8, 1999

7704 and the application of the passive

activity loss rules to publicly traded partnerships. These regulations provide guidance on calculating a publicly traded partnership’s qualifying income under section

7704. The regulations will affect the classification of certain partnerships for federal tax purposes and also will affect the

passive activity loss limitations with respect to items attributable to publicly

traded partnerships.

DATES: Effective Date: These regulations are effective, December 17, 1998.

Applicability Dates: See Effective

Dates under SUPPLEMENTARY INFORMATION of the preamble.

FOR FURTHER INFORMATION CONTACT: Christopher Kelley or Terri Belanger at (202) 622-3080 (not a toll-free

number).

SUPPLEMENTARY INFORMATION:

Background

The final regulations add §1.7704–3 to

the Income Tax Regulations (26 CFR part

1) relating to the definition of qualifying

income for publicly traded partnerships

under section 7704(d) of the Internal Revenue Code (Code). The final regulations

also amend §1.469-10 of the Income Tax

Regulations relating to the application of

section 469 to publicly traded partnerships.

On December 19, 1997, proposed regulations (REG–105163–97, 1998–8 I.R.B.

31) were published in the Federal Register

(62 F.R. 66575). A number of written

comments were received on the proposed

regulations under section 7704(d). Two

speakers provided testimony at a public

hearing held on April 28, 1998. After consideration of all the comments, the proposed regulations under section 7704 are

adopted, as revised by this Treasury decision.

No comments were received on the

proposed regulations under section 469.

The proposed regulations under section

469 are adopted without revision by this

Treasury decision.

Explanation of Revisions and Summary

of Comments

1. Determination of Gross Income for

Purposes of Section 7704(c)(2)

12

a. Capital Losses

Section 7704(d)(1)(F) provides that,

except as otherwise provided, the term

qualifying income includes any gain from

the sale or disposition of a capital asset

(or property described in section

1231(b)) held for the production of income described in section 7704(d). Several commentators requested clarification

as to how capital losses incurred by the

partnership are treated in determining

gross income of the partnership for purposes of section 7704(c)(2). The final

regulations clarify that, in general, all

losses are ignored in the computation of

gross income.

b. Straddles

The proposed regulations requested

comments on the appropriate way to compute the gross income for a partnership

that makes a mixed straddle account election under §1.1092(b)–4T. The final regulations provide that, for purposes of applying the general rule that a capital gain

on an investment is taken into account but

a capital loss is not, certain rules shall

apply that generally net capital gains and

losses recognized in a taxable year with

respect to a straddle. This treatment applies to all straddles, not just mixed straddle accounts, and to other interests in

property that produce a substantial

diminution of the partnership’s risk of

loss similar to that of straddles. In addition, the final regulations contain a wash

sale rule for gains in certain straddle and

straddle-like transactions. This rule provides that, for purposes of section

7704(c)(2), if a partnership recognizes

gain with respect to the disposition of one

or more positions of a straddle or similar

arrangement, and the partnership acquires

a substantially similar position or positions within a period beginning 30 days

before and ending 30 days after the date

of the disposition, then the gain shall not

be taken into account to the extent of the

amount of unrecognized loss (as of the

close of the taxable year) in one or more

offsetting positions of the straddle or similar arrangement.

c. Mark-to-Market

The proposed regulations provide that

qualifying income includes capital gain

from the sale of stock. The final regulations clarify that gain recognized with re-

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spect to a position that is marked to market (for example, under section 475(f),

section 1256, section 1259, or section

1296) will not fail to be qualifying income solely because there is no sale or

disposition.

d. Certain Ordinary Income

Under certain provisions of the Code,

capital gain or loss with respect to certain

transactions is recharacterized as ordinary

income or loss. However, such gain or

loss may be recognized with respect to a

capital asset in a manner that is consistent

with section 7704(d)(1)(F). Accordingly,

the final regulations provide that gain will

not fail to be qualifying income solely because it is characterized as ordinary income under section 475(f), section 988,

section 1258, or section 1296.

2. Income Derived from Securities

Lending Activities

Several commentators requested that

the final regulations clarify that income

from securities lending activities of a

trader is qualifying income. Section

7704(d)(4) provides that qualifying income includes income that qualifies under

section 851(b)(2). Section 851(b)(2),

which includes income from security

loans, does not specifically state that it applies to the business of trading, as opposed

to the business of investing. Thus, commentators have suggested that there is uncertainty under section 7704 as to whether

income from security loans from the business of trading is qualifying income.

The IRS and Treasury Department believe that section 851(b)(2) generally encompasses income from the business of

trading as well as investing. Thus, income from the securities lending activities of a trader will be qualifying income

under section 7704. A special provision

in these final regulations for this income

is not necessary and could create a negative implication as to the qualification of

trading income under section 851(b)(2)

generally. Accordingly, the final regulations do not adopt this comment.

3. Income Derived from Investments in

Foreign Corporations

One commentator requested that the

final regulations clarify that income from

investments in foreign corporations is

qualifying income. Because taxable in-

1999–6 I.R.B

come may arise with respect to an investment in a foreign corporation that may not

literally constitute a dividend, the commentator suggested that it is unclear

whether these investments generate qualifying income under section 7704(d).

Specifically, the commentator requested

clarification regarding whether a U.S.

shareholder would have qualifying income from an inclusion under (1) section

551 (foreign personal holding company

income); (2) section 951(a)(1)(A) or

(B)(subpart F income or a section 956

amount); (3) section 1291 (excess distributions of a passive foreign investment

company (PFIC)); and (4) section 1293

(earnings of a PFIC that is a qualified

electing fund). The commentator requested that the final regulations clarify

that income realized under these tax

regimes with respect to stock ownership

in a foreign corporation is included in the

definition of qualifying income under section 7704(d).

Section 551(b) characterizes amounts

included in gross income under section

551(a) as dividends for federal tax purposes. Thus, an inclusion under section

551 is qualifying income under section

7704(d)(1)(B). No clarification is necessary in the final regulations.

Section 851(b)(2), which is cross-referenced in section 7704(d), provides rules

on the extent to which certain inclusions

of subpart F income under section

951(a)(1)(A)(i) and certain inclusions

under section 1293(a) are treated as dividends and, thus, qualifying income for

purposes of section 851(b)(2). Any expansion of qualifying income with respect

to investments in foreign corporations

should be addressed under section

851(b)(2) and the regulations thereunder.

Accordingly, the final regulations do not

adopt this comment.

4. Limitation on the Definition of

Qualifying Income

The proposed regulations provide that

qualifying income includes capital gain

from the sale of stock, income from holding annuities, income from notional principal contracts, and other substantially

similar income from ordinary and routine

investments to the extent determined by

the Commissioner. Several commentators stated that partnerships must know

that an investment generates qualifying

13

income before entering into the transaction. Because passive-type investments

evolve constantly and rapidly, the commentators suggested that a requirement

that a type of investment generates qualifying income only to the extent determined by the Commissioner creates uncertainty for partnerships considering new

investments. Thus, these commentators

requested that the final regulations not include this restriction in the definition of

qualifying income.

The IRS and Treasury Department do

not believe that the language in the proposed regulations creates significant uncertainty in the definition of qualifying income. Instead, the standard in the

proposed regulations provides necessary

flexibility to consider the effect of new

types of financial investments as such investments evolve. The IRS and Treasury

Department do not believe that it would

be appropriate to create a broader and

more generic rule that would allow taxpayers to determine for themselves

whether new types of investments generate qualifying income. Thus, the final

regulations do not adopt this comment.

5. List of Specific Items Generating

Qualifying Income

Several commentators requested that

the final regulations expand the list of

specific investments that generate qualifying income. The IRS and Treasury Department do not believe that it is appropriate to expand the list of specific

investments enumerated in the proposed

regulations. Therefore, the final regulations do not adopt this comment.

6. Partnership Reporting Requirements

Several commentators indicated that the

current reporting requirements for partnerships do not specifically compel a lowertier partnership to provide the data necessary for an upper-tier partnership to

determine whether it meets the gross income requirement of section 7704(c)(2).

These commentators requested that the

final regulations specifically require a

lower-tier partnership to report in a level of

detail that would permit an upper-tier partnership to make the necessary calculations.

The final regulations do not adopt this

comment. The current reporting requirements for a partnership in §1.6031(b)–

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1T(a)(3)(ii) require a partnership to furnish its partners with statements that include, to the extent provided by form or

the accompanying instructions, any additional information that a partner may need

to apply particular provisions of the Code

with respect to items related to the partnership. The instructions to Form 1065,

“U.S. Partnership Return of Income,”

specifically require a partnership to include on a Schedule K-1 any information

a partner may need to file its return that is

not shown anywhere else on the schedule.

The information that an upper-tier partnership needs to make its gross income

calculations must be provided by the

lower-tier partnership under the current

reporting requirements. An additional reporting requirement in these final regulations is not necessary.

7. Private Placement Safe Harbor under

§1.7704–1(h)(1)(ii)

Several commentators requested that

the final regulations amend the requirements of the private placement safe harbor under §1.7704–1(h)(1) to reflect the

adoption of new rules by the Securities

and Exchange Commission regarding

knowledgeable employees. Specifically,

the commentators requested that the private placement safe harbor be amended to

provide that knowledgeable employees

are not counted for purposes of the 100

partner limitation. This issue is beyond

the scope of these final regulations.

Therefore, the final regulations do not

adopt this comment.

The final regulations provide that these

regulations apply to taxable years of a

partnership beginning on or after, December 17, 1998. However, in response to the

comments, the final regulations also include a provision that allows a partnership

to apply the regulations retroactively.

Special Analyses

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

Therefore, a regulatory assessment is not

required. It also has been determined that

section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not

apply to these regulations, and because

the regulations do not impose a collection

of information on small entities, 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 Chief Counsel for

Advocacy of the Small Business Administration for comment on its impact on

small business.

Drafting Information

The principal authors of these regulations are Christopher Kelley and Terri Belanger, Office of Chief Counsel

(Passthroughs and Special Industries).

However, other personnel from the IRS

and Treasury Department participated in

their development.

* * * * *

8. Effective Dates

Amendments to the Regulations

The proposed regulations provide that

the regulations will be effective for taxable years of a partnership beginning on

or after the date final regulations are published in the Federal Register. Commentators stated that this effective date would

preclude taxpayers from relying upon the

revised definition of qualifying income in

the proposed regulations until the regulations are final. These commentators requested that the effective date of the regulations be changed so that a partnership

may rely upon the revised definition of

qualifying income for taxable years beginning on or after the date the regulations were published as proposed regulations in the Federal Register.

Accordingly, 26 CFR part 1 is amended

as follows:

Paragraph 1. The authority citation for

part 1 continues to read in part as follows:

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

Par. 2. Section 1.469–10 is revised to

read as follows:

February 8, 1999

§1.469–10 Application of section 469 to

publicly traded partnerships.

(a) [Reserved].

(b) Publicly traded partnership—(1) In

general. For purposes of section 469(k), a

partnership is a publicly traded partnership

only if the partnership is a publicly traded

partnership as defined in §1.7704–1.

(2) Effective date. This section applies

14

for taxable years of a partnership beginning on or after, December 17, 1998.

Par. 3. Section 1.7704–3 is added to

read as follows:

§1.7704–3 Qualifying income.

(a) Certain investment income—(1) In

general. For purposes of section

7704(d)(1), qualifying income includes

capital gain from the sale of stock, income from holding annuities, income

from notional principal contracts (as defined in §1.446–3), and other substantially similar income from ordinary and

routine investments to the extent determined by the Commissioner. Income

from a notional principal contract is included in qualifying income only if the

property, income, or cash flow that measures the amounts to which the partnership is entitled under the contract would

give rise to qualifying income if held or

received directly by the partnership.

(2) Limitations. Qualifying income described in paragraph (a)(1) of this section

does not include income derived in the ordinary course of a trade or business. For

purposes of the preceding sentence, income derived from an asset with respect

to which the partnership is a broker, market maker, or dealer is income derived in

the ordinary course of a trade or business;

income derived from an asset with respect

to which the taxpayer is a trader or investor is not income derived in the ordinary course of a trade or business.

(b) Calculation of gross income and

qualifying income—(1) Treatment of

losses. Except as otherwise provided in

this section, in computing the gross income and qualifying income of a partnership for purposes of section 7704(c)(2)

and this section, losses do not enter into

the computation.

(2) Certain positions that are marked

to market. Gain recognized with respect

to a position that is marked to market (for

example, under section 475(f), 1256,

1259, or 1296) shall not fail to be qualifying income solely because there is no sale

or disposition of the position.

(3) Certain items of ordinary income.

Gain recognized with respect to a capital

asset shall not fail to be qualifying income

solely because it is characterized as ordinary income under section 475(f), 988,

1258, or 1296.

1999–6 I.R.B.

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Page 15

(4) Straddles. In computing the gross

income and qualifying income of a partnership for purposes of section 7704(c)(2)

and this section, a straddle (as defined in

section 1092(c)) shall be treated as set

forth in this paragraph (b)(4). For purposes of the preceding sentence, two or

more straddles that are part of a larger

straddle shall be treated as a single straddle. The amount of the gain from any

straddle to be taken into account shall be

computed as follows:

(i) Straddles other than mixed straddle

accounts. With respect to each straddle

(whether or not a straddle during the taxable year) other than a mixed straddle account, the amount of gain taken into account shall be the excess, if any, of gain

recognized during the taxable year with

respect to property that was at any time a

position in that straddle over any loss recognized during the taxable year with respect to property that was at any time a

position in that straddle (including loss realized in an earlier taxable year).

(ii) Mixed straddle accounts. With respect to each mixed straddle account (as

defined in §1.1092(b)–4T(b)), the

amount of gain taken into account shall

be the annual account gain for that mixed

straddle account, computed pursuant to

§1.1092(b)–4T(c)(2).

(5) Certain transactions similar to

straddles. In computing the gross income

and qualifying income of a partnership for

purposes of section 7704(c)(2) and this

1999–6 I.R.B

section, related interests in property

(whether or not personal property as defined in section 1092(d)(1)) that produce

a substantial diminution of the partnership’s risk of loss similar to that of a

straddle (as defined in section 1092(c))

shall be combined so that the amount of

gain taken into account by the partnership

in computing its gross income shall be the

excess, if any, of gain recognized during

the taxable year with respect to such interests over any loss recognized during the

taxable year with respect to such interests.

(6) Wash sale rule—(i) Gain not taken

into account. Solely for purposes of section 7704(c)(2) and this section, if a partnership recognizes gain in a section 7704

wash sale transaction with respect to one

or more positions in either a straddle (as

defined in section 1092(c)) or an arrangement described in paragraph (b)(5) of this

section, then the gain shall not be taken

into account to the extent of the amount of

unrecognized loss (as of the close of the

taxable year) in one or more offsetting positions of the straddle or arrangement described in paragraph (b)(5) of this section.

(ii) Section 7704 wash sale transaction.

For purposes of this paragraph (b)(6), a

section 7704 wash sale transaction is a

transaction in which—

(A) A partnership disposes of one or

more positions of a straddle (as defined in

section 1092(c)) or one or more related

positions described in paragraph (b)(5) of

this section; and

15

(B) The partnership acquires a substantially similar position or positions within

a period beginning 30 days before the

date of the disposition and ending 30 days

after such date.

(c) Effective date. This section applies

to taxable years of a partnership beginning on or after, December 17, 1998.

However, a partnership may apply this

section in its entirety for all of the partnership’s open taxable years beginning after

any earlier date selected by the partnership.

Robert E. Wenzel,

Deputy Commissioner of

Internal Revenue.

Approved December 7, 1998.

Donald C. Lubick,

Assistant Secretary of

the Treasury,

(Tax Policy).

(Filed by the Office of the Federal Register on December 16, 1998, 8:45 a.m., and published in the

issue of the Federal Register for December 17, 1998,

63 F.R. 69551)

Section 7872.—Treatment of

Loans with Below-Market

Interest Rates

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

of February 1999. See Rev. Rul. 99–8, page 10.

February 8, 1999

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Page 16

Part III. Administrative, Procedural, and Miscellaneous

Low-Income Housing Tax

Credit—1999 Calendar Year

Resident Population Estimates

Bureau of the Census on December 31,

1998, in press release CB98–242. For

convenience, these estimates are reprinted

below.

Notice 99–10

This notice informs (1) state and local

housing credit agencies that allocate lowincome housing tax credits under § 42 of

the Internal Revenue Code and (2) states

and other issuers of tax-exempt private

activity bonds under § 141, of the proper

population figures to be used for calculating the 1999 calendar year populationbased component of the state housing

credit ceiling (Credit Ceiling) under

§ 42(h)(3)(C)(i) and the 1999 calendar

year volume cap (Volume Cap) under

§ 146.

The population figures both for the

population-based component of the Credit

Ceiling and for the Volume Cap are determined by reference to § 146(j). That section provides generally that determinations of population for any calendar year

are made on the basis of the most recent

census estimate of the resident population

of a state (or issuing authority) released

by the Bureau of the Census before the

beginning of such calendar year.

The proper population figures for calculating the Credit Ceiling and the Volume Cap for the 1999 calendar year are

the estimates of the resident population of

states for July 1, 1998, released by the

February 8, 1999

Resident Population Estimates for

July 1, 1998

State

Population

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

D.C.

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

4,351,999

614,010

4,668,631

2,538,303

32,666,550

3,970,971

3,274,069

743,603

523,124

14,915,980

7,642,207

1,193,001

1,228,684

12,045,326

5,899,195

2,862,447

2,629,067

3,936,499

4,368,967

1,244,250

5,134,808

6,147,132

9,817,242

4,725,419

2,752,092

5,438,559

16

Montana

880,453

Nebraska

1,662,719

Nevada

1,746,898

New Hampshire

1,185,048

New Jersey

8,115,011

New Mexico

1,736,931

New York

18,175,301

North Carolina

7,546,493

North Dakota

638,244

Ohio

11,209,493

Oklahoma

3,346,713

Oregon

3,281,974

Pennsylvania

12,001,451

Rhode Island

988,480

South Carolina

3,835,962

South Dakota

738,171

Tennessee

5,430,621

Texas

19,759,614

Utah

2,099,758

Vermont

590,883

Virginia

6,791,345

Washington

5,689,263

West Virginia

1,811,156

Wisconsin

5,223,500

Wyoming

480,907

The principal authors of this notice are

Christopher J. Wilson of the Office of Assistant Chief Counsel (Passthroughs and

Special Industries) and Timothy L. Jones

of the Office of Assistant Chief Counsel

(Financial Institutions and Products). For

further information regarding this notice

contact Mr. Wilson on (202) 622-3040

(not a toll-free call).

1999–6 I.R.B.

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Page 17

Part IV. Items of General Interest

Notice of Proposed Rulemaking

and Notice of Public Hearing

Marital Deduction; Valuation of

Interest Passing to Surviving

Spouse

REG–114663–97

AGENCY: Internal Revenue Service

(IRS), Treasury.

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Deborah Ryan (202) 622-3090;

concerning submissions of comments, the

hearing, and/or to be placed on the building access list to attend the hearing,

LaNita Van Dyke (202) 622-7190 (not

toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background

ACTION: Notice of proposed rulemaking and notice of public hearing.

SUMMARY: This document contains

proposed regulations relating to the effect

of certain administration expenses on the

valuation of property which qualifies for

the estate tax marital or charitable deduction. The proposed regulations define estate transmission expenses and estate

management expenses and provide that

estate transmission expenses, but not estate management expenses, reduce the

value of property for marital and charitable deduction purposes. This document

also provides notice of a public hearing

on these proposed regulations.

DATES: Written comments must be received by February 16, 1999. Outlines of

topics to be discussed at the public hearing scheduled for April 21, 1999, at 10

a.m., must be received by March 31,

1999.

ADDRESSES: Send submissions to

CC:DOM:CORP:R (REG–114663–97),

room 5226, Internal Revenue Service,

POB 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be

hand delivered Monday through Friday

between the hours of 8 a.m. and 5 p.m. to:

CC:DOM:CORP:R (REG–114663–97),

Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW,

Washington, DC. Alternatively, taxpayers may submit comments electronically

via the Internet by selecting the “Tax

Regs” option on the IRS Home Page, or

by submitting comments directly to the

IRS Internet site at http://www.irs.ustreas.

gov/prod/tax_regs/comments.html. The

public hearing will be held in Room 2615,

Internal Revenue Building, 1111 Constitution Avenue, NW, Washington, DC.

1999–6 I.R.B

On March 18, 1997, the Supreme Court

of the United States issued its decision in

Commissioner v. Estate of Hubert, 520

U.S. 93 (1997) (1997–32 I.R.B. 8), in

which it considered the proper interpretation of §20.2056(b)–4(a) of the Estate Tax

Regulations. On November 24, 1997, the

IRS issued Notice 97–63 (1997–47 I.R.B.

6), requesting comments on alternatives

for amending §20.2056(b)–4(a) in light of

the Supreme Court’s Estate of Hubert

decision.

Section 2056(b)(4) provides that, in determining the value of an interest in property which passes from the decedent to

the surviving spouse for purposes of the

marital deduction, account must be taken

of any encumbrance on the property or

any obligation imposed on the surviving

spouse by the decedent with respect to the

property. Section 20.2056(b)–4(a) of the

Estate Tax Regulations amplifies this rule

by providing that account must be taken

of the effect of any material limitations on

the surviving spouse’s right to the income

from the property. The regulation provides, for example, that there may be a

material limitation on the surviving

spouse’s right to the income from marital

trust property where the income is used to

pay administration expenses during the

period between the date of the decedent’s

death and the date of distribution of the

assets to the trustee.

The facts in Estate of Hubert are similar to a common fact pattern wherein the

decedent’s will provides for a residuary

bequest to a marital trust which qualifies

for the marital deduction and also provides that estate administration expenses

are to be paid from the residuary estate.

Further, the will (or state law) permits the

executor to use the income generated by

the residuary estate (otherwise payable to

17

the marital trust) to pay administration expenses, and the executor does so. The

issue before the Supreme Court in Estate

of Hubert was whether the executor’s use

of the income to pay estate administration

expenses was a material limitation on the

surviving spouse’s right to the income

which would reduce the marital deduction

under §20.2056(b)–4(a).

The issue in Estate of Hubert also involved the estate tax charitable deduction,

and the proposed regulations relate to the

valuation of property for both marital and

charitable deduction purposes. However,

for simplicity and clarity, this discussion

focuses on the provisions of the estate tax

marital deduction.

In Estate of Hubert, the Commissioner

argued that the payment of administration

expenses from income is, per se, a material limitation on the surviving spouse’s

right to income for purposes of

§20.2056(b)–4(a), and, therefore, the

value of the marital bequest should be reduced dollar for dollar by the amount of

income used to pay administration expenses. The Court agreed that the value

of the marital bequest should be reduced

if the use of income to pay administration

expenses is a material limitation on the

spouse’s right to income. The Court

found, however, that the regulation does

not define material limitation and that the

Commissioner had not argued that the use

of income in this case was a material limitation. Thus, the Court held for the taxpayer.

In Notice 97–63 (November 24, 1997),

the IRS requested comments on possible

approaches for proposed regulations in

light of the Estate of Hubert decision.

Notice 97–63 suggested three alternative

approaches for determining when the use

of income to pay administration expenses

constitutes a material limitation on the

surviving spouse’s right to income. One

approach distinguished between administration expenses that are properly charged

to principal and those that are properly

charged to income and provided that there

is a material limitation on the surviving

spouse’s right to income if income is used

to pay an estate administration expense

that is properly charged to principal. A

second approach provided a de minimis

safe harbor amount of income that may be

February 8, 1999

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Page 18

used to pay administration expenses without constituting a material limitation on

the surviving’s spouse’s right to income.

A third approach provided that any charge

to income for the payment of administration expenses constitutes a material limitation on the spouse’s right to income.

Notice 97–63 also asked for comments

on whether the test for materiality should

be based on a comparison of the relative

amounts of the income and the expenses

charged to the income; whether materiality should be based on projections as of

the date of death rather than on the facts

that develop afterwards; and whether present value principles should be applied.

In response to Notice 97–63, several

commentators suggested that local law

should be determinative of whether an expense is a proper charge to income or

principal. If the testamentary document

directs the executor to charge expenses to

income, and the charge is allowed under

applicable local law, then the charge to income should not be treated as a material

limitation on the spouse’s right to income.

This approach was not adopted because

statutory provisions relating to income

and principal may vary from state to state,

and this would result in disparate treatment of estates that are similarly situated

but governed by different state law.

Moreover, in states that have adopted

some form of the Uniform Principal and

Income Act, the definitions of principal

and income, and the allocation of expenses thereto, can be specified in the will

or trust instrument and given the effect of

state law. Thus, simply following state

law was thought to be too malleable to

protect the policies underlying the marital

and charitable deductions.

Several commentators agreed with the

de minimis safe harbor approach whereby

a certain amount of income could be used

to pay administration expenses without

materially limiting the surviving spouse’s

right to the income. Under this approach,

the safe harbor amount is determined in

two steps: first, the present value of the

surviving spouse’s income interest for life

is determined using actuarial principles

and, second, the resulting amount is multiplied by a percentage, for example, 5

percent.

The proposed regulations do not adopt

this approach. Although a de minimis

safe harbor approach would provide a

February 8, 1999

bright line test for determining materiality

in the context of the marital deduction, it

is unclear how this approach would apply

for charitable deduction purposes because

there is no measuring life for valuing the

income interest.

One commentator suggested that, consistent with the plurality opinion in Estate

of Hubert, the test for materiality should be

quantitative, based upon a comparison between the amount of income charged with

administration expenses and the total income earned during administration. The

commentator, however, considered the requirement that projected income and expenses be presently valued to be impractical, complex, and uncertain. Another

commentator considered a quantitative test

to be impractical. A third commentator

suggested that a quantitative test would require a factual determination in each case

and, as a result, the period of estate administration would be greatly prolonged.

Because these tests for materiality appear to be complex and difficult to administer, the proposed regulations adopt neither a quantitative test nor a test based on

present values of projected income and

expenses.

Many commentators opposed an approach in which every charge to income is

a material limitation on the spouse’s right

to income. Two commentators contended

that adoption of this approach would effectively overrule the result in Estate of

Hubert.

One commentator suggested the approach adopted in the proposed regulations, a description of which follows, and

two commentators suggested similar approaches.

Explanation of Provisions

After carefully considering the comments, the Treasury and the Internal Revenue Service have determined that a test

based on what constitutes a material limitation would prove too complex and

would be administratively burdensome.

For this reason, the proposed regulations

eliminate the concept of materiality and,

instead, establish rules providing that

only administration expenses of a certain

character which are charged to the marital

property will reduce the value of the property for marital deduction purposes. It is

anticipated that these rules will have uni-

18

form application to all estates, will be

simple to administer, and will reflect the

economic realities of estate administration. These same rules will also apply for

purposes of the estate tax charitable deduction.

Under the proposed regulations, a reduction is made to the date of death value

of the property interest which passes from

the decedent to the surviving spouse (or to

a charitable organization described in section 2055) for the dollar amount of any

estate transmission expenses incurred

during the administration of the decedent’s estate and charged to the property

interest. Such a reduction is proper because these expenses would not have been

incurred but for the decedent’s death. No

reduction is made for estate management

expenses incurred with respect to the

property and charged to the property because these expenses would have been incurred even if the death had not occurred.

However, a reduction is made for estate

management expenses charged to the

marital property interest passing to the

surviving spouse if the expenses were incurred in connection with property passing to someone other than the surviving

spouse and a person other than the surviving spouse is entitled to the income from

that property. Estate transmission expenses are all estate administration expenses that are not estate management expenses and include expenses incurred in

collecting estate assets, paying debts, estate and inheritance taxes, and distributing the decedent’s property. Estate management expenses are expenses incurred

in connection with the investment of the

estate assets and with their preservation

and maintenance during the period of administration.

Proposed Effective Date

These regulations are proposed to be

effective for estates of decedents dying on

or after the date the regulations are published in the Federal Register as final

regulations.

Special Analyses

It has been determined that this notice

of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also

1999–6 I.R.B.

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Page 19

has been determined that section 553(b)

of the Administrative Procedure Act (5

U.S.C. chapter 5) does not apply to these

regulations, and, because the regulations

do not impose a collection of information

on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not

apply. Pursuant to section 7805(f) of the

Internal Revenue Code, this notice of proposed rulemaking will be submitted to the

Chief Counsel for Advocacy of the Small

Business Administration for comment on

its impact on small business.

Comments and Public Hearing

Before these proposed regulations are

adopted as final regulations, consideration will be given to any written comments (a signed original and eight (8)

copies) that are submitted timely to the

IRS. All comments will be available for

public inspection and copying.

A public hearing has been scheduled for

April 21, 1999, beginning at 10 a.m. in

Room 2615 of the Internal Revenue

Building, 1111 Constitution Avenue, NW,

Washington, DC. Due to building security

procedures, visitors must enter at the 10th

Street entrance, located between Constitution and Pennsylvania Avenues, NW. In

addition, all visitors must present photo

identification to enter the building. Because of access restrictions, visitors will

not be admitted beyond the immediate entrance area more than 15 minutes before

the hearing starts. For information about

having your name placed on the building

access list to attend the hearing, see the

“FOR FURTHER INFORMATION CONTACT” section of this preamble.

The rules of 26 CFR 601.601(a)(3)

apply to the hearing. Persons who wish to

present oral comments at the hearing must

submit written comments and an outline

of the topics to be discussed and the time

to be devoted to each topic (signed original and eight (8) copies) by March 31,

1999. A period of 10 minutes will be allotted to each person for making comments. An agenda showing the scheduling of the speakers will be prepared after

the deadline for receiving outlines has

passed. Copies of the agenda will be

available free of charge at the hearing.

Drafting Information

The principal author of these proposed

regulations is Deborah Ryan, Office of

1999–6 I.R.B

the Assistant Chief Counsel (Passthroughs and Special Industries). However, other personnel from the IRS and

Treasury Department participated in their

development.

* * * * *

Proposed Amendments to the Regulations

Accordingly, 26 CFR part 20 is proposed to be amended as follows:

PART 20—ESTATE TAX; ESTATES OF

DECEDENTS DYING AFTER

AUGUST 16, 1954

Paragraph 1. The authority citation for

part 20 continues to read in part as follows:

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

Par. 2. In §20.2055–1, paragraph (d)(6)

is added to read as follows:

§20.2055–1 Deduction for transfers for

public, charitable, and religious uses; in

general.

* * * * *

(d) * * *

(6) For the effect of certain administration expenses on the valuation of transfers

for charitable deduction purposes, see

§20.2056(b)–4(e). The rules provided in

that section apply for purposes of both the

marital and charitable deductions. This

paragraph (d)(6) is effective for estates of

decedents dying on or after the date these

regulations are published in the Federal

Register as final regulations.

Par. 3. Section 20.2056(b)-4 is

amended by:

1. Removing the last two sentences of

paragraph (a).

2. Adding paragraph (e).

The addition reads as follows:

§20.2056(b)–4 Marital deduction;

valuation of interest passing to surviving

spouse.

* * * * *

(e) Effect of certain administration expenses—(1) Estate transmission expenses. For purposes of determining the

marital deduction, the value of any deductible property interest which passed

from the decedent to the surviving spouse

shall be reduced by the amount of estate

transmission expenses incurred during the

19

administration of the decedent’s estate

and paid from the principal of the property interest or the income produced by

the property interest. For purposes of this

subsection, the term estate transmission

expenses means all estate administration

expenses that are not estate management

expenses (as defined in paragraph (e)(2)

of this section). Estate transmission expenses include expenses incurred in the

collection of the decedent’s assets, the

payment of the decedent’s debts and death

taxes, and the distribution of the decedent’s property to those who are entitled

to receive it. Examples of these expenses

include executor commissions and attorney fees (except to the extent specifically

related to investment, preservation, and

maintenance of the assets), probate fees,

expenses incurred in construction proceedings and defending against will contests, and appraisal fees.

(2) Estate management expenses—(i)

In general. For purposes of determining

the marital deduction, the value of any deductible property interest which passed

from the decedent to the surviving spouse

shall not be reduced by the amount of estate management expenses incurred in

connection with the property interest during the administration of the decedent’s

estate and paid from the principal of the

property interest or the income produced

by the property interest. For marital deduction purposes, the value of any deductible property interest which passed

from the decedent to the surviving spouse

shall be reduced by the amount of any estate management expenses incurred in

connection with property that passed to a

beneficiary other than the surviving

spouse if a beneficiary other than the surviving spouse is entitled to the income

from the property and the expenses are

charged to the deductible property interest

which passed to the surviving spouse.

For purposes of this subsection, the term

estate management expenses means expenses incurred in connection with the investment of the estate assets and with

their preservation and maintenance during

the period of administration. Examples of

these expenses include investment advisory fees, stock brokerage commissions,

custodial fees, and interest.

(ii) Special rule where estate management expenses are deducted on the federal estate tax return. For purposes of de-

February 8, 1999

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Page 20

termining the marital deduction, the value

of the deductible property interest which

passed from the decedent to the surviving

spouse is not increased as a result of the

decrease in the federal estate tax liability

attributable to any estate management expenses that are deducted as expenses of

administration under section 2053 on the

federal estate tax return.

(3) Examples. The following examples

illustrate the application of this paragraph

(e). In each example, the decedent, who

dies after 2006, makes a bequest of shares

of ABC Corporation stock to the decedent’s child. The bequest provides that

the child is to receive the income from the

shares from the date of the decedent’s

death. The value of the bequeathed

shares, on the decedent’s date of death, is

$3,000,000. The residue of the estate is

bequeathed to a trust which satisfies the

requirements of section 2056(b)(7) as

qualified terminable interest property.

The value of the residue, on the decedent’s date of death, before the payment

of administration expenses and estate

taxes, is $6,000,000. Under applicable

local law, the executor has the discretion

to pay administration expenses from the

income or principal of the residuary estate. All estate taxes are to be paid from

the residue. The state estate tax equals

the state tax credit available under section

2011. The examples are as follows:

Example 1. During the period of administration,

the estate incurs estate transmission expenses of

$400,000, which the executor charges to the residue.

For purposes of determining the marital deduction,

the value of the residue is reduced by the federal and

state estate taxes and by the estate transmission expenses. If the transmission expenses are deducted

on the federal estate tax return, the marital deduction

is $3,500,000 ($6,000,000 minus $400,000 transmission expenses and minus $2,100,000 federal and

state estate taxes). If the transmission expenses are

deducted on the estate’s income tax return rather

than on the estate tax return, the marital deduction is

$3,011,111 ($6,000,000 minus $400,000 transmission expenses and minus $2,588,889 federal and

state estate taxes).

Example 2. During the period of administration,

the estate incurs estate management expenses of

$400,000 in connection with the residue property

passing for the benefit of the spouse. The executor

charges these management expenses to the residue.

For purposes of determining the marital deduction,

the value of the residue is reduced by the federal and

state estate taxes but is not reduced by the estate

management expenses. If the management expenses

are deducted on the estate’s income tax return, the

marital deduction is $3,900,000 ($6,000,000 minus

$2,100,000 federal and state estate taxes). If the

February 8, 1999

management expenses are deducted on the estate tax

return rather than on the estate’s income tax return,

the marital deduction remains $3,900,000, even

though the federal and state estate taxes now total

only $1,880,000. The marital deduction is not increased by the reduction in estate taxes attributable

to deducting the management expenses on the federal estate tax return.

Example 3. During the period of administration,

the estate incurs estate management expenses of

$400,000 in connection with the bequest of ABC

Corporation stock to the decedent’s child. The executor charges these management expenses to the

residue. For purposes of determining the marital deduction, the value of the residue is reduced by the

federal and state estate taxes and by the management

expenses. The management expenses reduce the

value of the residue because they are charged to the

property passing to the spouse even though they were

incurred with respect to stock passing to the child

and the spouse is not entitled to the income from the

stock during the period of estate administration. If

the management expenses are deducted on the estate’s income tax return, the marital deduction is

$3,011,111 ($6,000,000 minus $400,000 management expenses and minus $2,588,889 federal and

state estate taxes). If the management expenses are

deducted on the estate tax return rather than on the

estate’s income tax return, the marital deduction remains $3,011,111, even though the federal and state

estate taxes now total only $2,368,889. The marital

deduction is not increased by the reduction in estate

taxes attributable to deducting the management expenses on the federal estate tax return.

(4) Effective date. This paragraph (e) is

effective on the date these regulations are

published in the Federal Register as final

regulations.

Robert E. Wenzel,

Deputy Commissioner of

Internal Revenue.

(Filed by the Office of the Federal Register on December 15, 1998, 8:45 a.m., and published in the

issue of the Federal Register for December 16, 1998

63 F.R. 69248)

Foundations Status of Certain

Organizations

Announcement 99–13

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 organiza-

20

tions 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:

Community Housing Corporation of

Arkansas Inc., Little Rock, AR

Community Learning Information

Network of Arizona Inc., Phoenix,

AZ

Community Learning Services Inc.,

East Point, GA

Community Legal Service Corporation,

Ponchatoula, LA

Community Partnership of Santa Clara

County, San Jose, CA

Community Peace, Las Vegas, NV

Community Services Institute of Virginia,

Richmond, VA

Community Shares of Idaho Inc., Boise,

ID

Community Works Inc., Atlanta, GA

Compass Players Inc., Valrico, FL

Compassion Community Living Home

Inc., New Orleans, LA

Comprehensive AIDS Resource and

Educational Services Inc., Delray

Beach, FL

Compulsive Gambling Therapy Center

Inc., Worcester, MA

Computer and Multimedia Education

Corporation, Williamsburg, VA

Computer Education Management

Association, American Fork, UT

Concerned About You Committee Inc.,

Denver, CO

Concerned African American Men

Women, Chicago, IL

Concerned Black Men of New York City

Incorporated, New York, NY

Concerned Christians for America,

Catharpin, VA

Concerned Citizens for Public Education,

Gastonia, NC

Concord Village Resident Management

Corporation, Indianapolis, IN

Concordia Neighborhood Association,

Portland, OR

Congregations United for Community

Action Inc., St. Petersburg, FL

Connecticut Sober Sports League Inc.,

Waterbury, CT

Conservatory of Performing Arts Inc.,

Boynton Beach, FL

1999–6 I.R.B.

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Page 21

Consumer Council a Non-Profit Social

Service Corporation, Scottsdale, AZ

Consumer Credit Counseling Service of

Mid Missouri, Colombia, MO

Consumer Financial Education

Foundation, Buffalo Grove, IL

Contemporary Home Health Services a

New Jersey Nonprofit Corporation,

Woodbury, NJ

Conway P C User Group Inc., Conway,

AR

Coon Rapids Lions Foundation, Coon

Rapids, MN

Cooperative Planning Coalition,

Kalispell, MT

Coordinating Committee in Support of

the All Amhara Peoples, Boston, MA

Cops Cons and Kids Inc., Newark, NJ

Cops for Christ Mohoning Valley Ohio,

Youngstown, OH

Corey Lewis Foundation Inc., Boca

Raton, FL

Cornerstone Childrens Home Inc.,

Nederland, TX

Cornerstone Development Center Inc.,

Birmingham, AL

Cornerstone Prison Ministries Inc.,

Garland, TX

Cornerstone Steppington Inc., Columbia,

MD

Cornerstone Windridge Inc., Columbia,

MD

Corporation for Public Education in

American Popular Music, Bethesda,

MD

Corpus Christi Wheelchair Tennis Club,

Corpus Christi, TX

Cotter-Lane Active Parent Support Group

Inc., Louisville, KY

Cottondale Dixie Youth Baseball

Incorporated, Cottondale, AL

Counsel for Property Rights Foundation

Inc., Washington, DC

Council for Rural Health Clinic

Resources and Education, Cuero, TX

Council of Baptist Pastors Community

Development Corporation, Detroit, MI

Council of United Jewish Orthodox

Organization of Rockland County NY,

Monsey, NY

Court Appointed Special Advocates of

Hill County Inc., Hillsboro, TX

Courthouse Restoration 3-28-93 Inc.,

Hillsboro, TX

Courtland Historical Foundation,

Courtland, AL

CPAA Concerned Parents for AcademicsAthletics, Waddell, AZ

1999–6 I.R.B

Crater AIDS Action Program, Petersburg,

VA

Created Families Inc., Denver, CO

Creative Educational Concepts, Denver,

CO

Creative Maintenance Emergency Shelter

& Affordable Housing, Long Beach,

CA

Creative Outreach Inc., Conroe, TX

Creative Youth Incorporated, Atlanta, GA

Creek County Civil Emergency

Management Volunteers, Sapulpa, OK

Creekside Community Development

Corporation, Detroit, MI

Crestwood Education Foundation,

Mantua, OH

Creswell Athletic Association Inc.,

Creswell, NC

Crime Control Education Foundation,

Palm Springs, CA

Crises Press Inc., Gainesville, FL

Crisis Pregnancy Center Inc., Springfield,

MA

Cross Management Properties,

Columbus, OH

Crosscreek Apartments Inc., Whitfield,

MS

Crosslinks Ministries, Strongsville, OH

Crossroads Pregnancy Resource Center

of Gunnison Valley a Nonpro,

Gunnison, CO

Crosswalk Ministries Inc., Ocala, FL

Cubbs Citizens United for a Better Balch

Springs, Balch Springs, TX

Culinary Arts Plus, Plano, TX

Cultural Alliance Through Art Inc.,

Montvale, NJ

Cultural Diversity Educational

Association, Detroit, MI

Cultural Initiatives Inc., Eagan, MN

Culture Awareness Inc., Philadelphia, PA

Culture Kids Project Inc., Adelphi, MD

Culture Without Borders Inc., New York,

NY

Cumberland Plateau Services Inc.,

Sewanee, TN

Cuney Homes Management Corporation,

Houston, TX

Cy-Fair Preservation Society

Incorporated, Houston, TX

Czech American Summer Music Institute

Inc., Tallahassee, FL

M & M Community Development Inc.,

Columbus, OH

M C Escher Museum Foundation, Santa

Cruz, CA

M C H Inc., Naperville, IL

M O S A I C, Roseville, MI

21

M Power Inc., Minneapolis, MN

Maaleh Adumim Foundation Inc., New

York, NY

MacArthur Blue Guard Alumni

Association, San Antonio, TX

Macon County Education Support

System Inc., Tuskegee, AL

Madison Community Free Clinic Inc.,

Marshall, NC

Madison Avenue Development

Corporation, Baltimore, MD

M & M Ministries, Presque Isle, ME

Madison Lions Foundation Inc.,

Madison, CT

Magdalena School Parent Group,

Magdalena, NM

Magellan Theatre, Chicago, IL

Magellan University, Tucson, AZ

Magnolia Heritage Charities Inc., Green

Cove Springs, FL

Mahogany House for Young Women Inc.,

Phoenix, AZ

Main Street Business Resource &

Development Inc., Hartford, CT

Main Street Gym Inc., Salisbury, MD

Main Street Kids Inc., Canton, KS

Maine Studies Foundation Inc., Standish,

ME

Mainstreet Seymour Indiana Inc.,

Seymour, IN

Makah Resident Initiatives Program,

Neah Bay, WA

Make a Dent Foundation Inc., Chicago,

IL

Make It Home, Houston, TX

Making a Better Tomorrow Inc., Wichita,

KS

Making a Difference Ministries, Temple,

TX

Making Good Foundation Inc., Marietta,

GA

Making Life Easier Inc., Tigard, OR

Malemte Football Booster Club,

Fairbanks, AK

Maloney-Wilding Foundation for

Children & Teens, Escondido, CA

Management Research Foundation Inc.,

Boca Raton, FL

Manahata Pan American Indian Arts

Council Inc., New York, NY

Manatee Catholic School Foundation,

Bradenton, FL

Manchester High School Alumni

Association, Manchester, CT

Manchester Summerstage Incorporated,

Manchester, MA

Manitowoc County Ice Center Inc.,

Manitowoc, WI

February 8, 1999

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Page 22

Manjiro Society for International

Exchange Inc., McLean, VA

Many Are Called-Few Are Chosen

Ministries Inc MAC-FAC

MINISTRIES, Houston, TX

Maple Valley Child Care Center,

Vermontville, MI

Marguerite Rawalt Legal Defense Fund,

Washington, DC

Maricopa Foundation for Affordable

Housing, Phoenix, AZ

Mark Evans Production Group Inc.,

Winooski, VT

Mark Fuqua Ministries Inc., Fort Worth,

TX

Marketplace Ministry, Grand Rapids, MI

Marmet Soccer Association Inc.,

Charleston, WV

Marrero Community Development

Corporation, Marrero, LA

Mars Hill Ministries Inc., Miami Beach,

FL

Martin de Porres Foundation, Aurora, IL

Martin Luther King Drive Resident

Organization, Chicago, IL

Martin Luther Memorial Homes

Foundation, Holt, MI

Martin Youth Foundation, Joliet, IL

Martinsville-Henry County Music

Association Inc., Martinsville, VA

Mary I Minor Scholarship Fund,

Washington, DC

Maryiann Sitton Ministries Inc.,

Hamilton, MT

Marys Love Kingdom Inc., Philadelphia,

PA

Mason County Little League Football

Inc., Maysville, KY

Massachusetts Guongdong Committee

Inc., Boston, MA

Massachusetts Save James Bay

Foundation Inc., Boston, MA

Masters Review Inc., New York, NY

Masters Touch, Vacaville, CA

Mattoon Youth Sports League Inc.,

Mattoon, IL

Maude Ellen Coats Armstrong MECA

Foundation, Norfolk, VA

Mayors Youth Center Inc., Granite City,

IL

Maysville Better Community Action Org

Inc., Maysville, NC

MB Educational Programs Inc.,

Chippewa Falls, WI

February 8, 1999

McBride Volunteer Fire Department

Ladies Auxiliary, Kingston, OK

McConnells Mill Preservation

Association, Portersville, PA

McCook Legion Baseball Boosters Inc.,

McCook, NE

McCoy Center for the Arts Inc.,

Birmingham, AL

McDonalds Avail, Poway, CA

McDowell County Animal Aid Inc.,

Marion, NC

McHenry County Gang Drug Task Force,

Woodstock, IL

McMillan Ministries, Homerville, GA

NcNair Group Home Inc., Modesto, CA

McRae Berry Youth Camp Inc.,

Hampton, AR

Meacham Park Resident Council,

St. Louis, MO

Medassist International, Buffalo, NY

Media Partnership for Jobs, Detroit, MI

Medica International Inc., McKinney, TX

Medical Airlift Volunteers Inc., Clayton,

MO

Medjugorje Appeal Inc., Cranston, RI

Melissa Segars Foundation, Fayetteville,

GA

Melody Music Education Listening and

Outreach for District Youth,

Washington, DC

Men Against Creating Hostilities and

Appression Macho, Denver, CO

Men of Action Inc., Washington, DC

Mens Council of Austin, Austin, TX

Mens Grief Support Group, Salt Lake

City, UT

Mental Health Association in Putnam

County II Inc., Brewster, NY

Mental Health Association of Clayton

County, Morrow, GA

Mercy & Truth Prison Ministry Inc.,

Carbon Hill, AL

Mercy International America Inc., New

York, NY

Meridzo Center, Franklin, OH

Merriday Center for Inclusion in the

Classroom Inc., Orlando, FL

Merry Thought Foundation Inc.,

Annapolis, MD

Messengers of Mary Inc., Lexington, KY

Metro Atlanta Stroke Council, Atlanta,

GA

Metro Magazine on WNYE-TV Inc.,

Long Island City, NY

22

Metropolitan Contributions for Life Inc.,

Houston, TX

Mexican American Community

Development Organization, Dallas, TX

Mexican Cultural Center of Northern

California, Rancho Cordova, CA

Meyir America Inc., Wall, NJ

Miami Valley Housing Association I Inc.,

Dayton, OH

Miami Valley Tree Source Inc.,

Miamisburg, OH

Micheaux Foundation, Washington, DC

Michigan Hemingway Society, Petoskey,

MI

Mid-America Cancer Rehabilitation

Organization Inc., Evansville, IN

Mid-Atlantic Youth Sports and

Educational Expo Inc., East Orange,

NJ

Mid-Coast Compeer Inc., Rockland, ME

Mid-County Teachers Credit Union

Scholarship Foundation Inc., Port

Neches, TX

Mid-Houston Valley Chapter of the Spina

Bifida Assoc. of America Inc.,

Newburgh, NY

Mid-Ohio Resource Center Inc., Grove

City, OH

Mid-South Mens Council Inc., Memphis,

TN

Middle Path Foundation Inc., New York,

NY

Middle Tennessee Grand Championship

Inc., Nashville, TN

Midnight Basketball of Northeast Ohio,

Canton, OH

Midway Club of Kansas, Great Bend, KS

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.

1999–6 I.R.B.

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Page 23

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. Proc..—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.

1999–6 I.R.B

23

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Page 24

Numerical Finding List1

Bulletins 1999–1 through 1999–5

Announcements:

99–1, 1999–2 I.R.B. 41

99–2, 1999–2 I.R.B. 44

99–3, 1999–3 I.R.B. 15

99–4, 1999–3 I.R.B. 15

99–5, 1999–3 I.R.B. 16

99–6, 1999–4 I.R.B. 24

99–7, 1999–2 I.R.B. 45

99–8, 1999–4 I.R.B. 24

99–9, 1999–4 I.R.B. 24

99–10, 1999–5 I.R.B. 63

99–11, 1999–5 I.R.B. 64

99–12, 1999–5 I.R.B. 65

Notices:

99–1, 1999–2 I.R.B. 8

99–2, 1999–2 I.R.B. 8

99–3, 1999–2 I.R.B. 10

99–4, 1999–3 I.R.B. 9

99–5, 1999–3 I.R.B. 10

99–6, 1999–3 I.R.B. 12

99–7, 1999–4 I.R.B. 23

99–8, 1999–5 I.R.B. 26

99–9, 1999–4 I.R.B. 23

Revenue Procedures:

99–1, 1999–1 I.R.B. 6

99–2, 1999–1 I.R.B. 73

99–3, 1999–1 I.R.B. 103

99–4, 1999–1 I.R.B. 115

99–5, 1999–1 I.R.B. 158

99–6, 1999–1 I.R.B. 187

99–7, 1999–1 I.R.B. 226

99–8, 1999–1 I.R.B. 229

99–9, 1999–2 I.R.B. 17

99–10, 1999–2 I.R.B. 11

99–11, 1999–2 I.R.B. 14

99–12, 1999–3 I.R.B. 13

99–13, 1999–5 I.R.B. 52

99–14, 1999–5 I.R.B. 56

Revenue Rulings:

99–1, 1999–2 I.R.B. 4

99–2, 1999–2 I.R.B. 5

99–3, 1999–3 I.R.B. 4

99–4, 1999–4 I.R.B. 19

99–7, 1999–5 I.R.B. 4

Treasury Decisions:

8789, 1999–3 I.R.B. 5

8791, 1999–5 I.R.B. 7

8796, 1999–4 I.R.B. 16

8797, 1999–5 I.R.B. 5

8800, 1999–4 I.R.B. 20

8801, 1999–4 I.R.B. 5

8802, 1999–4 I.R.B. 10

8805, 1999–5 I.R.B. 14

1 A cumulative list of all revenue rulings, revenue

procedures, Treasury decisions, etc., published in

Internal Revenue Bulletins 1998–1 through 1998–52

will be found in Internal Revenue Bulletin 1999–1,

dated January 4, 1999.

February 8, 1999

24

1999–6 I.R.B.

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Page 25

Finding List of Current Action on

Previously Published Items1

Bulletins 1999–1 through 1999–5

Revenue Procedures:

78–10

Obsoleted by

99–12, 1999–3 I.R.B. 13

94–56

Superseded by

99–9, 1999–2 I.R.B. 17

97–23

Superseded by

99–3, 1999–1 I.R.B. 103

98–1

Superseded by

99–1, 1999–1 I.R.B. 6

98–2

Superseded by

99–2, 1999–1 I.R.B. 73

98–3

Superseded by

99–3, 1999–1 I.R.B. 103

98–4

Superseded by

99–4, 1999–1 I.R.B. 115

98–5

Superseded by

99–5, 1999–1 I.R.B. 158

98–6

Superseded by

99–6, 1999–1 I.R.B. 187

98–7

Superseded by

99–7, 1999–1 I.R.B. 226

98–8

Superseded by

99–8, 1999–1 I.R.B. 229

98–22

Modified and amplified by

99–13, 1999–5 I.R.B. 52

98–56

Superseded by

99–3, 1999–1 I.R.B. 103

98–63

Modified by announcement

99–7, 1999–2 I.R.B. 45

1 A cumulative finding list for previously published

items mentioned in Internal Revenue Bulletins

1998–1 through 1998–52 will be found in Internal

Revenue Bulletin 1999–1, dated January 4, 1999.

1999–6 I.R.B

25

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NOTES

February 8, 1999

26

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Page 28

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, DC 20402. Please

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

WE WELCOME COMMENTS ABOUT THE

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If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we

would be pleased to hear from you. You can e-mail us your suggestions or comments through the IRS Internet Home Page

(www.irs.ustreas.gov) or write to the IRS Bulletin Unit, OP:FS:FP:P:1, Room 5617, 1111 Constitution Avenue NW, Washington,

DC 20224.

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

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