Bulletin No. 1999–12

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Bulletin No. 1999–12

March 22, 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

Rev. Rul. 99–15, page 4.

LIFO; price indexes; department stores. The January

1999 Bureau of Labor Statistics price indexes are accepted

for use by department stores employing the retail inventory

and last-in, first-out inventory methods for valuing inventories

for tax years ended on, or with reference to, January 31,

1999.

T.D. 8798, page 16.

REG–120168–97, page 21.

Temporary and proposed regulations under section 6695 of

the Code relate to the due diligence requirements for paid

preparers of federal income tax returns or claims for refund

involving the earned income credit. A public hearing is

scheduled for May 20, 1999.

T.D. 8803, page 15.

REG–106386–98, page 31.

Final and temporary regulations under section 6695 of the

Code provide income tax return preparers with two alternative means of meeting the requirements that a preparer retain the manually signed (by the preparer) copy of the return

or claim.

turing and Reform Act of 1998 regarding the valuation of

prior gifts in determining estate and gift tax liability, and the

period of limitations for assessing and collecting gift tax. A

public hearing is scheduled for April 28, 1999.

GIFT TAX

REG–106177–98, page 25.

Proposed regulations under sections 2001, 2504, and

6501 of the Code relate to changes made by the Taxpayer

Relief Act of 1997 and the Internal Revenue Service Restructuring and Reform Act of 1998 regarding the valuation of

prior gifts in determining estate and gift tax liability, and the

period of limitations for assessing and collecting gift tax. A

public hearing is scheduled for April 28, 1999.

EMPLOYEE PLANS

Notice 99–15, page 20.

Weighted average interest rate update. Guidelines are

set forth for determining the weighted average interest rate

for March 1999 and the resulting permissible range of interest rates used to calculate current liability for purposes of

the full funding limitation of section 412(c)(7) of the Code.

EXEMPT ORGANIZATIONS

T.D. 8804, page 5.

Announcement 99–22, page 32.

Final regulations relate to delaying the effective date and

making technical amendments to final regulations under section 1441 of the Code.

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

REG–105964–98, page 22.

ADMINISTRATIVE

Proposed regulations under section 1502 of the Code clarify

the treatment of the transfer or extinguishment of rights

under an intercompany obligation.

REG–116099–98, page 34.

ESTATE TAX

Announcement 99–25, page 35.

REG–106177–98, page 25.

Proposed regulations under sections 2001, 2504, and

6501 of the Code relate to changes made by the Taxpayer

Relief Act of 1997 and the Internal Revenue Service Restruc-

This notice withdraws certain proposed regulations under

section 162 of the Code.

The Joint Board for the Enrollment of Actuaries is proposing

a restructuring of the examination program. Clarification is

also provided on the Continuing Professional Education

(CPE) requirements and the use of the four-digit enrollment

number.

Finding Lists begin on page 43.

Announcement of Disbarments and Suspensions begins on page 38.

Department of the Treasury

Internal Revenue Service

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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

2

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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 472.—Last-in, First-out

Inventories

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

LIFO; price indexes; department

stores. The January 1999 Bureau of

Labor Statistics price indexes are accepted for use by department stores employing the retail inventory and last-in,

first-out inventory methods for valuing

inventories for tax years ended on, or with

reference to, January 31, 1999.

Rev. Rul. 99–15

The following Department Store Inventory Price Indexes for January 1999

were issued by the Bureau of Labor Statistics. The indexes are accepted by the

Internal Revenue Service, under §

1.472–1(k) of the Income Tax Regulations and Rev. Proc. 86–46, 1986–2 C.B.

739, for appropriate application to inventories of department stores employing

the retail inventory and last-in, first-out

inventory methods for tax years ended

on, or with reference to, January 31,

1999.

The Department Store Inventory Price

Indexes are prepared on a national basis

and include (a) 23 major groups of departments, (b) three special combinations of

the major groups – soft goods, durable

goods, and miscellaneous goods, and (c) a

store total, which covers all departments,

including some not listed separately, except for the following: candy, food,

liquor, tobacco, and contract departments.

BUREAU OF LABOR STATISTICS, DEPARTMENT STORE

INVENTORY PRICE INDEXES BY DEPARTMENT GROUPS

(January 1941 = 100, unless otherwise noted)

Jan.

1998

Jan.

1999

Percent Change

from Jan. 1998

to Jan. 19991

1. Piece Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

4. Men’s Shoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

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

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

13. Jewelry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14. Notions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

17. Floor Coverings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18. Housewares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19. Major Appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

22. Home Improvements2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23. Auto Accessories2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

536.7

627.9

656.3

890.5

619.0

558.3

304.6

544.1

395.6

614.6

584.2

504.4

981.2

803.3

929.7

662.8

583.9

811.8

241.8

73.5

108.3

134.0

107.8

507.3

643.1

640.4

894.0

628.6

560.7

316.2

535.4

376.9

603.8

585.2

482.1

965.3

729.7

946.8

678.4

602.4

813.6

237.7

69.6

100.7

130.3

107.8

–5.5

2.4

–2.4

0.4

1.6

0.4

3.8

–1.6

–4.7

–1.8

0.2

–4.4

–1.6

–9.2

1.8

2.4

3.2

0.2

–1.7

–5.3

–7.0

–2.8

0.0

Groups 1 – 15: Soft Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

593.1

586.4

–1.1

Groups 16 – 20: Durable Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

461.9

459.0

–0.6

Groups 21 – 23: Misc. Goods2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

111.5

106.0

–4.9

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

547.5

539.4

–1.5

Groups

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

2 Indexes on a January 1986=100 base.

3 The store total index covers all departments, including some not listed separately, except for the following: candy, food, liquor, tobacco, and contract departments.

March 22, 1999

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DRAFTING INFORMATION

The principal author of this revenue

ruling is Richard C. Farley, Jr. of the Office of Assistant Chief Counsel (Income

Tax and Accounting). For further information regarding this revenue ruling, contact Mr. Farley on (202) 622-4970 (not a

toll-free call).

Section 1441.—Withholding of

Tax on Nonresident Aliens

26 CFR 1.1441–1: Requirement for the deduction

and withholding of tax on payments to foreign

persons.

T.D. 8804

DEPARTMENT OF THE TREASURY

Internal Revenue Services

26 CFR Parts 1, 31, 35a and

301

General Revision of Regulations

Relating to Withholding of Tax

on Certain U.S. Source Income

Paid to Foreign Persons and

Related Collection, Refunds,

and Credits; Revision of

Information Reporting and

Backup Withholding

Regulations; and Removal of

Regulations Under Parts 1 and

35a and of Certain Regulations

Under Income Tax Treaties

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Final rule; delay of effective

date, technical amendments, and partial

withdrawal.

SUMMARY: This document contains

changes delaying the effective date and

making technical amendments to final

regulations (T.D. 8734, 1997–2 C.B.

109), relating to the withholding of income tax on certain U.S. source income

payments to foreign persons. The Department of the Treasury and the IRS believe

it is in the best interest of tax administration to extend the effective date of the

final withholding regulations to ensure

that both taxpayers and the government

can complete changes necessary to implement the new withholding regime. As ex-

1999–12 I.R.B.

tended by this document, the final withholding regulations will apply to payments made after December 31, 1999.

This document also withdraws two

amendments which have already been

dealt with in T.D. 8772, (1998–31 I.R.B.

8), which was published in the Federal

Register for June 30, 1998.

DATES: Effective Dates: The amendments in this final rule are effective January 1, 2000. As of December 31, 1998,

the effective date of the final regulations

published at 62 F.R. 53387, October 14,

1997, is delayed from January 1, 1999,

until January 1, 2000; however, the effective date of the addition of §31.9999–0

and §35a.9999–0 and the removal of

§35a.9999–0T remains October 14, 1997.

Withdrawal: Effective December 31,

1998, the amendments removing

§§1.6045–1T and 1.6045–2T published at

62 F.R. 53387, October 14, 1997, are

withdrawn.

FOR FURTHER INFORMATION CONTACT: Lilo Hester, (202) 622-3840 (not

a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the subject of this amendment provide guidance

under sections 1441, 1442, and 1443 of

the Internal Revenue Code (Code) on certain U.S. source income paid to foreign

persons, the related tax deposit and reporting requirements under section 1461

of the Code, and the related changes

under sections 163(f), 165(j), 871, 881,

1462, 1463, 3401, 3406, 6041, 6041A,

6042, 6045, 6049, 6050A, 6050N, 6109,

6114, 6402, 6413, and 6724 of the Code.

ble to payments made after December 31,

1998, and generally granted withholding

agents until after December 31, 1999, to

obtain the new withholding certificates

and statements required under those regulations. This amendment serves to make

the final regulations applicable to payments made after December 31, 1999, and

to require mandatory use of the new withholding certificates and statements after

December 31, 2000. In addition, this

amendment serves to address typographical errors, and to withdraw the removal of

§§1.6045–1T and 1.6045–2T since those

sections were already removed on June

30, 1998, in T.D. 8772 (63 F.R. 35517).

Special Analyses

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

Therefore, a regulatory assessment is not

required. It has also been determined that

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

apply to these regulations. Finally, it has

been determined that the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not

apply to these regulations because the

regulations do not impose a collection of

information on small entities. Pursuant to

7805(f) of the Code, the notice of proposed rulemaking preceding these regulations (61 F.R. 17614) was submitted to

the Small Business Administration for

comment on its impact on small business.

* * * * *

Amendments to the Regulations

Accordingly, under the authority of 26

U.S.C. 7805, 26 CFR parts 1, 31, 35a, and

301 are amended by making the following

correcting amendments:

Need for Changes

On April 13, 1998, in Notice 98–16

(1998–15 I.R.B. 12), the IRS and Treasury announced their decision to extend

the effective date of the final regulations,

and to make correlative changes to the

transition rules for obtaining new withholding certificates and statements containing the necessary information and representations required by the final

regulations. As published in the Federal

Register on October 14, 1997 (62 F.R.

53387 [T.D. 8734, 1997–2 C.B. 109]), the

final regulations were generally applica-

5

PART 1—INCOME TAXES

Paragraph 1. The authority citation for

part 1 continues to read in part as follows:

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

Par. 2. In §1.871–14, paragraph (h) is

revised to read as follows:

§1.871–14 Rules relating to repeal of tax

on interest of nonresident alien

individuals and foreign corporations

received from certain portfolio debt

investments.

* * * * *

March 22, 1999

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Page 6

(h) Effective date—(1) In general.

This section shall apply to payments of

interest made after December 31, 1999.

(2) Transition rule. For purposes of

this section, the validity of a Form W-8

that was valid on January 1, 1998, under

the regulations in effect prior to January

1, 2000 (see 26 CFR parts 1 and 35a, revised April 1, 1998) and expired, or will

expire, at any time during 1998, is extended until December 31, 1998. The validity of a Form W-8 that is valid on or

after January 1, 1999, remains valid until

its validity expires under the regulations

in effect prior to January 1, 2000 (see 26

CFR parts 1 and 35a, revised April 1,

1998) or, if earlier, until December 31,

2000. The rule in this paragraph (h)(2),

however, does not apply to extend the validity period of a Form W-8 that expires

solely by reason of changes in the circumstances of the person whose name is on

the certificate. Notwithstanding the first

three sentences of this paragraph (h)(2), a

withholding agent or payor may choose to

not take advantage of the transition rule in

this paragraph (h)(2) with respect to one

or more withholding certificates valid

under the regulations in effect prior to

January 1, 2000 (see 26 CFR parts 1 and

35a, revised April 1, 1998) and, therefore,

may choose to obtain withholding certificates conforming to the requirements described in this section (new withholding

certificates). For purposes of this section,

a new withholding certificate is deemed

to satisfy the documentation requirement

under the regulations in effect prior to

January 1, 2000 (see 26 CFR parts 1 and

35a, revised April 1, 1998). Further, a

new withholding certificate remains valid

for the period specified in §1.1441–

1(e)(4)(ii), regardless of when the certificate is obtained.

Par. 3. In §1.1441–1 as revised at 62

F.R. 53424, paragraph (f) is revised to

read as follows:

§1.1441–1 Requirement for the

deduction and withholding of tax on

payments to foreign persons.

* * * * *

(f) Effective date—(1) In general.

This section applies to payments made

after December 31, 1999.

March 22, 1999

(2) Transition rules—(i) Special rules

for existing documentation. For purposes

of paragraphs (d)(3) and (e)(2)(i) of this

section, the validity of a withholding certificate (namely, Form W-8, 8233, 1001,

4224, or 1078 , or a statement described

in §1.1441–5 in effect prior to January 1,

2000 (see §1.1441–5 as contained in 26

CFR part 1, revised April 1, 1998)) that

was valid on January 1, 1998 under the

regulations in effect prior to January 1,

2000 (see 26 CFR parts 1 and 35a, revised

April 1, 1998) and expired, or will expire,

at any time during 1998, is extended until

December 31, 1998. The validity of a

withholding certificate that is valid on or

after January 1, 1999, remains valid until

its validity expires under the regulations

in effect prior to January 1, 2000 (see 26

CFR parts 1 and 35a, revised April 1,

1998) or, if earlier, until December 31,

2000. The rule in this paragraph (f)(2)(i),

however, does not apply to extend the validity period of a withholding certificate

that expires solely by reason of changes in

the circumstances of the person whose

name is on the certificate. Notwithstanding the first three sentences of this paragraph (f)(2)(i), a withholding agent may

choose to not take advantage of the transition rule in this paragraph (f)(2)(i) with respect to one or more withholding certificates valid under the regulations in effect

prior to January 1, 2000 (see 26 CFR parts

1 and 35a, revised April 1, 1998) and,

therefore, to require withholding certificates conforming to the requirements described in this section (new withholding

certificates). For purposes of this section,

a new withholding certificate is deemed to

satisfy the documentation requirement

under the regulations in effect prior to January 1, 2000 (see 26 CFR parts 1 and 35a,

revised April 1, 1998). Further, a new

withholding certificate remains valid for

the period specified in paragraph (e)(4)(ii)

of this section, regardless of when the certificate is obtained.

(ii) Lack of documentation for past

years. A taxpayer may elect to apply the

provisions of paragraphs (b)(7)(i)(B), (ii),

and (iii) of this section, dealing with liability for failure to obtain documentation

timely, to all of its open tax years, including tax years that are currently under examination by the IRS. The election is

made by simply taking action under those

6

provisions in the same manner as the taxpayer would take action for payments

made after December 31, 1999.

Par. 4. In §1.1441–4 as amended at 62

F.R. 53450, paragraph (g) is revised to

read as follows:

§1.1441–4 Exemptions from withholding

for certain effectively connected income

and other amounts.

* * * * *

(g) Effective date—(1) General rule.

This section applies to payments made

after December 31, 1999.

(2) Transition rules. The validity of a

Form 4224 or 8233 that was valid on January 1, 1998, under the regulations in effect

prior to January 1, 2000 (see 26 CFR part

1, revised April 1, 1998) and expired, or

will expire, at any time during 1998, is extended until December 31, 1998. The validity of a Form 4224 or 8233 that is valid

on or after January 1, 1999, remains valid

until its validity expires under the regulations in effect prior to January 1, 2000 (see

26 CFR part 1, revised April 1, 1998) or, if

earlier, until December 31, 2000. The rule

in this paragraph (g)(2), however, does not

apply to extend the validity period of a

Form 4224 or 8223 that expires solely by

reason of changes in the circumstances of

the person whose name is on the certificate. Notwithstanding the first three sentences of this paragraph (g)(2), a withholding agent may choose to not take

advantage of the transition rule in this

paragraph (g)(2) with respect to one or

more withholding certificates valid under

the regulations in effect prior to January 1,

2000 (see 26 CFR part 1, revised April 1,

1998) and, therefore, to require withholding certificates conforming to the requirements described in this section (new withholding certificates). For purposes of this

section, a new withholding certificate is

deemed to satisfy the documentation requirement under the regulations in effect

prior to January 1, 2000 (see 26 CFR part

1, revised April 1, 1998). Further, a new

withholding certificate remains valid for

the period specified in §1.1441–1(e)(4)(ii),

regardless of when the certificate is obtained.

Par. 5. In §1.1441–5 as revised at 62

F.R, 53452, paragraph (g) is revised to

read as follows:

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Page 7

§1.1441–5 Withholding on payments to

partnerships, trusts, and estates.

*****

(g) Effective date—(1) General rule.

This section applies to payments made

after December 31, 1999.

(2) Transition rules. The validity of a

withholding certificate that was valid on

January 1, 1998, under the regulations in

effect prior to January 1, 2000 (see 26

CFR parts 1 and 35a, revised April 1,

1998) and expired, or will expire, at any

time during 1998, is extended until December 31, 1998. The validity of a withholding certificate that is valid on or after

January 1, 1999, remains valid until its

validity expires under the regulations in

effect prior to January 1, 2000 (see 26

CFR parts 1 and 35a, revised April 1,

1998) or, if earlier, until December 31,

2000. The rule in this paragraph (g)(2),

however, does not apply to extend the validity period of a withholding certificate

that expires solely by reason of changes in

the circumstances of the person whose

name is on the certificate. Notwithstanding the first three sentences of this paragraph (g)(2) , a withholding agent may

choose to not take advantage of the transition rule in this paragraph (g)(2) with respect to one or more withholding certificates valid under the regulations in effect

prior to January 1, 2000 (see 26 CFR

parts 1 and 35a, revised April 1, 1998)

and, therefore, to require withholding certificates conforming to the requirements

described in this section (new withholding certificates). For purposes of this section, a new withholding certificate is

deemed to satisfy the documentation requirement under the regulations in effect

prior to January 1, 2000 (see 26 CFR

parts 1 and 35a, revised April 1, 1998).

Further, a new withholding certificate remains valid for the period specified in

§1.1441–1(e)(4)(ii), regardless of when

the certificate is obtained.

Par. 6. In §1.1441–6 as revised at 62

F.R. 53458, paragraph (g) is revised to

read as follows:

(g) Effective date—(1) General rule.

This section applies to payments made

after December 31, 1999.

(2) Transition rules. For purposes of

this section, the validity of a Form 1001

or 8233 that was valid on January 1, 1998,

under the regulations in effect prior to

January 1, 2000 (see 26 CFR parts 1 and

35a, revised April 1, 1998) and expired,

or will expire, at any time during 1998, is

extended until December 31, 1998. The

validity of a Form 1001 or 8233 is valid

on or after January 1, 1999, remains valid

until its validity expires under the regulations in effect prior to January 1, 2000

(see 26 CFR parts 1 and 35a, revised

April 1, 1998) or, if earlier, until December 31, 2000. The rule in this paragraph

(g)(2), however, does not apply to extend

the validity period of a Form 1001 or

8233 that expires solely by reason of

changes in the circumstances of the person whose name is on the certificate or in

interpretation of the law under the regulations under §1.894–1T(d). Notwithstanding the first three sentences of this paragraph (g)(2), a withholding agent may

choose to not take advantage of the transition rule in this paragraph (g)(2) with respect to one or more withholding certificates valid under the regulations in effect

prior to January 1, 2000 (see 26 CFR

parts 1 and 35a, revised April 1, 1998)

and, therefore, to require withholding certificates conforming to the requirements

described in this section (new withholding certificates). For purposes of this section, a new withholding certificate is

deemed to satisfy the documentation requirement under the regulations in effect

prior to January 1, 2000 (see 26 CFR

parts 1 and 35a, revised April 1, 1998).

Further, a new withholding certificate remains valid for the period specified in

§1.1441–1(e)(4)(ii), regardless of when

the certificate is obtained.

Par. 7. In §1.1441–8 as redesignated

and amended at 62 F.R. 53464, paragraph

(f) is revised to read as follows:

§1.1441–6 Claim of reduced withholding

under an income tax treaty.

§1.1441–8 Exemption from withholding

for payments to foreign governments,

international organizations, foreign

central banks of issue, and the Bank for

International Settlements.

* * * * *

* * * * *

1999–12 I.R.B.

7

(f) Effective date—(1) In general.

This section applies to payments made

after December 31, 1999.

(2) Transition rules. For purposes of

this section, the validity of a Form 8709

that was valid on January 1, 1998, under

the regulations in effect prior to January

1, 2000 (see 26 CFR part 1, revised April

1, 1998) and expired, or will expire, at

any time during 1998, is extended until

December 31, 1998. The validity of a

Form 8709 that is valid on or after January 1, 1999, remains valid until its validity expires under the regulations in effect

prior to January 1, 2000 (see 26 CFR part

1, revised April 1, 1998) or, if earlier,

until December 31, 2000. The rule in this

paragraph (f)(2), however, does not apply

to extend the validity period of a Form

8709 that expires solely by reason of

changes in the circumstances of the person whose name is on the certificate.

Notwithstanding the first three sentences

of this paragraph (f)(2), a withholding

agent may choose to not take advantage

of the transition rule in this paragraph

(f)(2) with respect to one or more withholding certificates valid under the regulations in effect prior to January 1, 2000

(see 26 CFR part 1, revised April 1, 1998)

and, therefore, to require withholding certificates conforming to the requirements

described in this section (new withholding certificates). For purposes of this section, a new withholding certificate is

deemed to satisfy the documentation requirement under the regulations in effect

prior to January 1, 2000 (see 26 CFR part

1, revised April 1, 1998). Further, a new

withholding certificate remains valid for

the period specified in §1.1441–1(e)(4)(ii), regardless of when the certificate

is obtained.

Par. 8. In §1.1441–9, paragraph (d) is

revised to read as follows:

§1.1441–9 Exemption from withholding

on exempt income of a foreign tax-exempt

organization, including foreign private

foundations.

* * * * *

(d) Effective date—(1) In general.

This section applies to payments made

after December 31, 1999.

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Page 8

(2) Transition rules. For purposes of

this section, the validity of a Form W-8,

1001, or 4224 or a statement that was

valid on January 1, 1998, under the regulations in effect prior to January 1, 2000

(see 26 CFR parts 1 and 35a, revised

April 1, 1998) and expired, or will expire,

at any time during 1998, is extended until

December 31, 1998. The validity of a

Form W-8, 1001, or 4224 or a statement

that is valid on or after January 1, 1999

remains valid until its validity expires

under the regulations in effect prior to

January 1, 2000 (see 26 CFR parts 1 and

35a, revised April 1, 1998) or, if earlier,

until December 31, 2000. The rule in this

paragraph (d)(2), however, does not apply

to extend the validity period of a Form

W-8, 1001, or 4224 or a statement that

expires solely by reason of changes in the

circumstances of the person whose name

is on the certificate. Notwithstanding the

first three sentences of this paragraph

(d)(2), a withholding agent may choose to

not take advantage of the transition rule in

this paragraph (d)(2) with respect to one

or more withholding certificates valid

under the regulations in effect prior to

January 1, 2000 (see 26 CFR parts 1 and

35a, revised April 1, 1998) and, therefore,

to require withholding certificates conforming to the requirements described in

this section (new withholding certificates). For purposes of this section, a new

withholding certificate is deemed to satisfy the documentation requirement under

the regulations in effect prior to January

1, 2000 (see 26 CFR parts 1 and 35a, revised April 1, 1998). Further, a new withholding certificate remains valid for the

period specified in §1.1441–1(e)(4)(ii),

regardless of when the certificate is

obtained.

Par. 9. In §1.1443–1 as revised at 62

F.R. 53466, paragraph (c) is revised to

read as follows:

§1.1443–1 Foreign tax-exempt

organizations.

* * * * *

(c) Effective date—(1) In general.

This section applies to payments made

after December 31, 1999.

(2) Transition rules. For purposes of

this section, the validity of an affidavit or

opinion of counsel described in §1.1443–

1(b)(4)(i) in effect prior to January 1,

March 22, 1999

2000 (see §1.1443–1(b)(4)(i) as contained

in 26 CFR part 1, revised April 1, 1998)

that is valid on December 31, 1998 is extended until December 31, 2000. However, a withholding agent may choose to

not take advantage of the transition rule in

this paragraph (c)(2) with respect to one

or more withholding certificates valid

under the regulations in effect prior to

January 1, 2000 (see 26 CFR part 1, revised April 1, 1998) and, therefore, to require withholding certificates conforming

to the requirements described in this section (new withholding certificates). For

purposes of this section, a new withholding certificate is deemed to satisfy the

documentation requirement under the regulations in effect prior to January 1, 2000

(see 26 CFR part 1, revised April 1,

1998). Further, a new withholding certificate remains valid for the period specified

in §1.1441–1(e)(4)(ii), regardless of when

the certificate is obtained.

§1.6041–3 [Amended]

Par. 10. Section 1.6041–3 as amended

at 62 F.R. 53472 is further amended by removing the last sentence of the introductory text.

Par. 11. In §1.6042–3 as amended at 62

F.R. 53475, paragraph (b)(5) is revised to

read as follows:

§1.6042–3 Dividends subject to

reporting.

* * * * *

(b) * * *

(5) Effective date—(i) General rule.

The provisions of this paragraph (b) apply

to payments made after December 31,

1999.

(ii) Transition rules. The validity of a

withholding certificate (namely, Form W8 or other form upon which the payor is

permitted to rely to hold the payee as a

foreign person) that was valid on January

1, 1998, under the regulations in effect

prior to January 1, 2000 (see 26 CFR

parts 1 and 35a, revised April 1, 1998)

and expired, or will expire, at any time

during 1998, is extended until December

31, 1998. The validity of a withholding

certificate that is valid on or after January

1, 1999, remains valid until its validity

expires under the regulations in effect

prior to January 1, 2000 (see 26 CFR

parts 1 and 35a, revised April 1, 1998) or,

8

if earlier, until December 31, 2000. The

rule in this paragraph (b)(5)(ii), however,

does not apply to extend the validity period of a withholding certificate that expires solely by reason of changes in the

circumstances of the person whose name

is on the certificate. Notwithstanding the

first three sentences of this paragraph

(b)(5)(ii), a payor may choose not to take

advantage of the transition rule in this

paragraph (b)(5)(ii) with respect to one or

more withholding certificates valid under

the regulations in effect prior to January

1, 2000 (see 26 CFR parts 1 and 35a, revised April 1, 1998) and, therefore, to require withholding certificates conforming to the requirements described in this

section (new withholding certificates).

For purposes of this section, a new withholding certificate is deemed to satisfy the

documentation requirement under the regulations in effect prior to January 1, 2000

(see 26 CFR parts 1 and 35a, revised

April 1, 1998). Further, a new withholding certificate remains valid for the period

specified in §1.1441–1(e)(4)(ii), regardless of when the certificate is obtained.

Par. 12. In §1.6045–1 as amended at

62 F.R. 53476, paragraph (g)(5) is revised

to read as follows:

§1.6045–1 Returns of information of

brokers and barter exchanges.

* * * * *

(g) * * *

(5) Effective date—(i) General rule.

The provisions of this paragraph (g) apply

to payments made after December 31,

1999.

(ii) Transition rules. The validity of a

withholding certificate (namely, Form W8 or other form upon which the payor is

permitted to rely to hold the payee as a

foreign person) that was valid on January

1, 1998, under the regulations in effect

prior to January 1, 2000 (see 26 CFR

parts 1 and 35a, revised April 1, 1998)

and expired, or will expire, at any time

during 1998, is extended until December

31, 1998. The validity of a withholding

certificate that is valid on or after January

1, 1999, remains valid until its validity

expires under the regulations in effect

prior to January 1, 2000 (see 26 CFR

parts 1 and 35a, revised April 1, 1998) or,

if earlier, until December 31, 2000. The

rule in this paragraph (g)(5)(ii), however,

1999–12 I.R.B.

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Page 9

does not apply to extend the validity period of a form that expires in 1998 solely

by reason of changes in the circumstances

of the person whose name is on the certificate. Notwithstanding the first three

sentences of this paragraph (g)(5)(ii), a

payor may choose not to take advantage

of the transition rule in this paragraph

(g)(5)(ii) with respect to one or more

withholding certificates valid under the

regulations in effect prior to January 1,

2000 (see 26 CFR parts 1 and 35a, revised

April 1, 1998) and, therefore, to require

withholding certificates conforming to the

requirements described in this section

(new withholding certificates). For purposes of this section, a new withholding

certificate is deemed to satisfy the documentation requirement under the regulations in effect prior to January 1, 2000

(see 26 CFR parts 1 and 35a, revised

April 1, 1998). Further, a new withholding certificate remains valid for the period

specified in §1.1441–1(e)(4)(ii), regardless of when the certificate is obtained.

Par 13. Effective December 31, 1998,

the amendments removing §§1.6045–1T

and 1.6045–2T, published at 62 F.R.

53480, are withdrawn.

Par. 14. In §1.6049–5 as amended at

62 F.R. 53483, paragraph (g) is revised to

read as follows:

§1.6049–5 Interest and original issue

discount subject to reporting after

December 31, 1982.

Section

Remove

Add

1.871–14(c)(2)(iii)

1.871–14(c)(3)(ii),

Example, first and sixth sentences

1.1441–1(c)(3)(ii)

October 12, 1999

1.1441–1(e)(3)(ii)

October 12, 2000

1.871–14(c)(3)(ii),

Example, sixth sentence

December 31, 1999

December 31, 2000

1.871–14(c)(3)(ii),

Example, sixth and seventh sentences

June 15, 2003

June 15, 2004

1.1441–1(b)(2)(iii)(B),

fifth sentence

savings clause

saving clause

1.1441–1(b)(2)(iv)(E),

second sentence

actually maintain

actually maintains

1.1441–1(b)(3)(iii)(B),

first sentence

that cannot reliably

cannot reliably

1.1441–1(b)(3)(iii)(C),

last sentence

1.1441–4(e)

1.1441–4(d)

1.1441–1(b)(3)(x),

Example 1, seventh and ninth sentences

Ws

W’s

1999–12 I.R.B.

* * * * *

(g) Effective date—(1) General rule.

The provisions of paragraphs (b)(6)

through (15), (c), (d), and (e) of this section apply to payments made after December 31, 1999.

(2) Transition rules. The validity of a

withholding certificate (namely, Form W8 or other form upon which the payor is

permitted to rely to hold the payee as a

foreign person) that was valid on January

1, 1998, under the regulations in effect

prior to January 1, 2000 (see 26 CFR

parts 1 and 35a, revised April 1, 1998)

and expired, or will expire, at any time

during 1998, is extended until December

31, 1998. The validity of a withholding

certificate that is valid on or after January

1, 1999, remains valid until its validity

expires under the regulations in effect

prior to January 1, 2000 (see 26 CFR

parts 1 and 35a, revised April 1, 1998) or,

if earlier, until December 31, 2000. The

rule in this paragraph (g)(2), however,

does not apply to extend the validity period of a withholding certificate that expires solely by reason of changes in the

circumstances of the person whose name

9

is on the certificate. Notwithstanding the

first three sentences of this paragraph

(g)(2), a payor may choose not to take

advantage of the transition rule in this

paragraph (g)(2) with respect to one or

more withholding certificates valid under

the regulations in effect prior to January

1, 2000 (see 26 CFR parts 1 and 35a, revised April 1, 1998) and, therefore, may

require withholding certificates conforming to the requirements described in this

section (new withholding certificates).

For purposes of this section, a new withholding certificate is deemed to satisfy the

documentation requirement under the regulations in effect prior to January 1, 2000

(see 26 CFR parts 1 and 35a, revised

April 1, 1998). Further, a new withholding certificate remains valid for the period

specified in §1.1441–1(e)(4)(ii), regardless of when the certificate is obtained.

PARTS 1, 31, 35a, and 301

[AMENDED]

Par. 15. In the list below, for each section indicated in the left column (which

was added, revised, or amended at 62 F.R.

53387), remove the language in the middle column and add the language in the

right column:

March 22, 1999

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Page 10

1.1441–1(b)(3)(x),

Example 2, sixth and seventh sentences

Ws

W’s

1.1441–1(b)(3)(x),

Example 3, third sentence

X, nc.

X, Inc.

1.1441–1(b)(4)(i),

first sentence

1.871–7(b)(2)(i)

1.871–7(b)(2)

1.1441–1(b)(4)(xix)

January 1, 1999

January 1, 2000

1.1441–1(b)(4)(xix)

April 1, 1997

April 1, 1998

1.1441–1(b)(5)(viii)

I.R.B. 1996–49

1996–2 C.B. 227

1.1441–1(b)(7)(v),

Example 1, first, fourth, and

eighth sentences

June 15, 1999

June 15, 2000

1.1441–1(b)(7)(v),

Example 1, third and ninth sentences

September 30, 2001

September 30, 2002

1.1441–1(b)(7)(v),

Example 1, ninth sentence

March 15, 2000

March 15, 2001

1.1441-1(b)(7)(v),

Example 2, first, fourth, and seventh

sentences

June 15, 1999

June 15, 2000

1.1441–1(b)(7)(v),

Example 2, third and seventh sentences

September 30, 2001

September 30, 2002

1.1441–1(b)(7)(v),

Example 2, seventh and ninth sentences

March 15, 2000

March 15, 2001

1.1441–1(c)(6)(ii)(B)

January 1, 1999

January 1, 2000

1.1441–1(c)(6)(ii)(B)

April 1, 1997

April 1, 1998

1.1441–1(e)(4)(ii)(A)

September 30, 1999

September 30, 2000

1.1441–1(e)(4)(ii)(A)

December 31, 2002

December 31, 2003

1.1441–1(e)(4)(vi),

sixth sentence

provided the acceptable

provided on the acceptable

1.1441–1(e)(4)(ix)(A)(2),

second sentence

§31.3406(c)1(c)(3)(ii)

§31.3406(c)–(c)(3)(ii)

1.1441–1(e)(5)(i),

penultimate sentence

reportable payments

reportable amounts

1.1441–1(e)(5)(v)(A),

third sentence

the intermediary

the qualified intermediary

1.1441–1(e)(5)(v)(A),

fourth sentence

the intermediary to

the qualified intermediary to

March 22, 1999

10

1999–12 I.R.B.

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Page 11

1.1441–1(e)(5)(v)(B),

introductory text, third sentence

paragraph (b)(3)(vi)

paragraph (e)(3)(vi)

1.1441–1(e)(5)(v)(B)(1),

second sentence

withholding agent

qualified intermediary

1.1441–1(e)(5)(v)(C),

first sentence

The intermediary

The qualified intermediary

1.1441–2(a), last

sentence

871(h)(5)(B)

871(h)(5)(B) or a member of a clearing

organization which member is the beneficial owner of the obligation

1.1441–2(b)(1)(ii),

fifth sentence

someone s

someone’s

1.1441–2(b)(3)(iv)

December 31, 1998

December 31, 1999

1.1441–2(f)

December 31, 1998

December 31, 1999

1.1441–3(h)

December 31, 1998

December 31, 1999

1.1441–4(a)(2)(i), second

sentence

United States

United States and is includable in the

beneficial owner’s gross income for the

taxable year

1.1441–5(a)(6),

second sentence

withholding partnership

withholding foreign partnership

1.1441–5(c)(2)(ii)(B),

sixth sentence

qualified intermediary

withholding foreign partnership

1.1441–5(c)(2)(ii)(B),

sixth sentence

customers

partners

1.1441–5(c)(3)(iii)(D)

that the partners

that the amounts allocable to the partners

1.1441–5(d)(4), Example 2,

second sentence

depending of

depending on

1.1441–6(b)(1), first

sentence

§1.1441–1(e)(1)(ii)(B)

§1.1441–1(e)(1)(ii)(A)(2)

1.1441–6(c)(2)(ii), first

sentence

upon a certificate

upon receipt of a certificate

1.1441–6(d), second

sentence

rate of tax

rate of withholding

1.1441–7(g)

December 31, 1998

December 31, 1999

1.1461–1(b)(2)(v)

foreign partnership shall

foreign partnership (whether or not a

withholding foreign partnership) shall

1.1461–1(b)(2)(vi),

paragraph heading

banks, securities dealers,

or insurance companies.

banks, or insurance companies.

1999–12 I.R.B.

11

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Page 12

1.1461–1(c)(4)(iv), first

sentence

certificate attached to the intermediary’s

or partnership withholding certificate

that is from a qualified intermediary or a

withholding foreign partnership

certificate or documentary evidence atattached to the intermediary’s or partnership withholding certificate

1.1461–1(i)

December 31, 1998

December 31, 1999

1.1461–2(a)(1), third

sentence

an adjustment to

a refund of

1.1461–2(a)(3),

first sentence

beneficial owner

beneficial owner or payee

1.1461–2(a)(4),

Example 1(i), second sentence

December 1999

December 2000

1.1461–2(a)(4),

Example 1(i), third sentence

February 10, 2000

February 10, 2001

1.1461–2(a)(4),

Example 1(ii), first, second, and last

sentences

1999

2000

1.1461–2(a)(4),

Example 1(ii), first sentence

March 15, 2000

March 15, 2001

1.1461–2(a)(4),

Example 1(ii), third sentence

2000

2001

1.1461–2(a)(4),

Example 2, second and

last sentences

2000

2001

1.1461–2(a)(4),

Example 2, second sentence

June 2000

June 2001

1.1461–2(a)(4),

Example 2, third sentence

July 15, 2000

July 15, 2001

1.1461–2(a)(4),

Example 2, third sentence

1999

2000

1.1461–2(a)(4),

Example 2, last sentence

March 15, 2001

March 15, 2002

1.1461–2(a)(4), Example 3,

last sentence

February 15, 2000

February 15, 2001

1.1461–2(a)(4), Example 3,

last sentence

March 15, 2000

March 15, 2001

1.1461–2(d)

December 31, 1998

December 31, 1999

1.1462–1(c)

December 31, 1998

December 31, 1999

1.1463–1(a), last sentence

§1.1441–7(b)(7)

§1.1441–7(b)

1.1463–1(b)

December 31, 1989

December 31, 1999

March 22, 1999

12

1999–12 I.R.B.

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Page 13

1.1464–1(b)

§1.1461–4

§1.1461–2

1.6041–4(d)

December 31, 1998

December 31, 1999

1.6041A–1(d)(3)(i)(B),

first sentence

if payments made

if payments are made

1.6041A–1(d)(3)(iv),

paragraph heading

amount paid

amounts paid

1.6041A–1(d)(3)(v)

December 31, 1998

December 31, 1999

1.6043–2(a), first, second,

and last sentences

966

1099

1.6045–1(d)(6)(ii)(B)

December 31, 1998

December 31, 1999

1.6045–1(g)(3)(iv),

second sentence

Example 7

Example 6

1.6045–1(g)(4),

Example 7(ii), last sentence

Ys

Y’s

1.6049–4(c)(1)(ii)(A),

second sentence

certificate meeting the certification

requirements of paragraphs (c)(2)(ii)(A)

(1) through (5) of this section.

certificate stating that each member of the

partnership meets the requirements of

paragraphs (c)(1)(ii)(A)(1) through (4) of

this section.

1.6049–4(d)(3)(ii)(B)

December 31, 1998

December 31, 1999

1.6049–5(b)(12), first

sentence

Returns of information are not required

for payments that

Payments that

1.6049–5(c)(4)(i), first

sentence

the payor may

the bank or other financial institution may

1.6049–5(c)(4)(ii), second sentence

then the financial institution

then the bank or other financial institution

1.6049–5(c)(4)(v)

January 1, 1999

January 1, 2000

1.6049–5(d)(2)(ii), second

and last sentences

publicly traded

actively traded

1.6049–5(d)(2)(ii), eighth

sentence

is less than 31

is equal to or less than 31

1.6049–5(e)(1)(i),

introductory text

The amount

An amount is described in this paragraph

(e)(1)(i) if it

1.6049–5(e)(1)(ii)

The amount

An amount is described in this paragraph

(e)(1)(ii) if it

1.6049–5(e)(4), second sentence

specifically identifies

specifically identify

1.6049–5(e)(5),

Example 5, last sentence

of is section

of this section

1999–12 I.R.B.

13

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Page 14

1.6049–5(e)(5),

Example 9, second sentence

a holds

A holds

1.6049–5(e)(5),

Example 9, third sentence

paid to a

paid to A

1.6049–5(e)(5),

Example 9, third sentence

a’s

A’s

1.6049–5(e)(5),

Example 9, last sentence

to a by DB

to A by DB

1.6050N–1(e), first sentence

is applies to

applies to

1.6050N–1(e), last sentence

December 31, 1998

December 31, 1999

31.3401(a)(6)–1(e),

paragraph heading

January 1, 1999

January 1, 2000

31.3401(a)(6)–1(e),

first sentence

January 1, 1999

January 1, 2000

31.3401(a)(6)–1(f),

paragraph heading

December 31, 1998

December 31, 1999

31.3401(a)(6)–1(f),

first sentence

December 31, 1998

December 31, 1999

31.3406(g)–1(e),

first sentence

December 31, 1998

December 31, 1999

31.3406(h)–2(d),

penultimate sentence

December 31, 1998

December 31, 1999

31.9999–0

January 1, 1999

January 1, 2000

301.6114–1(b)(4)(ii)(C),

introductory text

December 31, 1998

December 31, 1999

301.6114–1(b)(4)(ii)(D)

December 31, 1998

December 31, 1999

301.6724–1(g)(2) Q-11

January 1, 1999

January 1, 2000

301.6724–1(g)(2) Q-11

April 1, 1997

April 1, 1998

301.6724–1(g)(2) A-11

January 1, 1999

January 1, 2000

301.6724–1(g)(2) A-11

April 1, 1997

April 1, 1998

301.6724–1(g)(3), first

sentence

December 31, 1998

December 31, 1999

301.6724–1(g)(3), last

sentence in both places

January 1, 1999

January 1, 2000

301.6724–1(g)(3), last

sentence

April 1, 1997

April 1, 1998

March 22, 1999

14

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Page 15

Robert E. Wenzel,

Deputy Commissioner of

Internal Revenue.

Approved January 7, 1998.

Donald C. Lubick,

Assistant Secretary of

the Treasury.

(Filed by the Office of the Federal Register on December 30, 1998, 8:45 a.m., and published in the

issue of the Federal Register for December 31, 1998,

63 F.R. 72183)

Section 6695.—Other

Assessable Penalties With

Respect to the Preparation of

Income Tax Returns for Other

Persons

26 CFR 1.6695–1: Other assessable penalties with

respect to the preparation of income tax returns for

other persons.

T.D. 8803

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

Retention of Income Tax Return

Preparers’ Signatures

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Final and temporary regulations.

SUMMARY: This document contains

final and temporary regulations that provide income tax return preparers with two

alternative means of meeting the requirement that a preparer retain the manually

signed (by the preparer) copy of the return

or claim. The regulations are necessary to

inform preparers of the two alternatives

and provide preparers with the guidance

needed to comply with the alternatives.

The text of the temporary regulations also

serves as the text of the proposed regulations set forth in the notice of proposed

rulemaking on this subject in REG–

106386–98, page 31.

DATES: Effective date. These regulations

are effective December 31, 1998.

Applicability date: For dates of applicability, see §1.6695–1T(g) of these regulations.

1999–12 I.R.B.

FOR FURTHER INFORMATION CONTACT: Marc C. Porter (202) 622-4940

(not a toll-free number).

of a partnership which is a preparer), must

retain the manually signed copy of the return or claim.

SUPPLEMENTARY INFORMATION:

Explanation of Provisions

Background

The regulations provide that, if an income tax return preparer presents for a

taxpayer’s signature a return or claim for

refund that has a copy of the preparer’s

manual signature, the preparer may either

retain a photocopy of the manually signed

copy of the return or claim for refund or

use an electronic storage system meeting

the requirements of section 4 of Rev.

Proc. 97–22, (1997–1 C.B. 652) or procedures subsequently prescribed by the

Commissioner, to store and produce a

copy of the return of claim manually

signed by the preparer.

This document contains amendments to

the Income Tax Regulations (26 CFR part

1) relating to the penalty for failure to

sign an income tax return under section

6695(b) of the Internal Revenue Code.

Section 6695(b) provides that any person

who is an income tax return preparer with

respect to a return or claim for refund,

who is required by regulations prescribed

by the Secretary to sign the return or

claim, and who fails to comply with those

regulations, must pay a penalty of $50 for

such failure, unless it is shown that the

failure is due to reasonable cause and not

willful neglect. The maximum penalty

imposed with respect to documents filed

during a calendar year will not exceed

$25,000.

Section 7701(a)(36)(A) provides that,

in general, the term “income tax return

preparer” means any person who prepares

for compensation, or who employs one or

more persons to prepare for compensation, any return of tax or claim for refund

imposed by subtitle A. For purposes of

the preceding sentence, the preparation of

a substantial portion of a return or claim is

treated as if it were the preparation of

such return or claim.

Section 1.6695–1(b)(1) and (c) generally provides that an income tax return

preparer, with respect to a return or claim

for refund, must manually sign the return

or claim (which may be a photocopy) in

the appropriate space provided on the return or claim after it is completed and before it is presented to the taxpayer (or

nontaxable entity) for signature.

Section 1.6695–1(b)(4)(i) provides that

the manual signature requirement may be

satisfied by a photocopy of a copy of the

return or claim for refund if the copy is

manually signed by the income tax return

preparer after completion of its preparation. The taxpayer may file a photocopy

of this manually signed return with the

IRS, see Rev. Proc. 78–370, (1978–2 C.B.

335). The employer of the preparer or the

partnership in which the preparer is a

partner, or the preparer (if not employed

or engaged by a preparer and not a partner

15

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, the Regulatory Flexibility Act (5 U.S.C. chapter 6)

does not apply. Pursuant to section 7805(f)

of the Internal Revenue Code, these temporary regulations will be submitted to the

Chief Counsel for Advocacy of the Small

Business Administration for comment on

their impact on small business.

Drafting Information

The principal author of these regulations is Marc C. Porter, Office of Assistant Chief Counsel (Income Tax & Accounting). 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

part 1 is amended by adding an entity in

March 22, 1999

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Page 16

numerical order to read as follows:

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

Section 1.6695–1T also issued under

U.S.C. 6695(b) ***

Par 2. Section 1.6695–1 is amended by

revising paragraph (b)(4)(i) to read as follows:

§1.6695–1 Other assessable penalties

with respect to the preparation of income

tax returns for other persons.

* * * * *

(b) ***

(4) (i) [Reserved]. For further guidance on acceptable methods of meeting

the manual signature requirement of paragraph (b)(1) and (2), see §1.6695–1T(b)(4)(i).

* * * * *

Par. 3. Section 1.6695–1T is added to

read as follows:

§1.6695–1T Other assessable penalties

with respect to the preparation of income

tax returns for other persons (temporary).

(a) through (b)(3) [Reserved]. For further guidance, see §1.6695–1(a) through

(b)(3).

(4) (i) The manual signature requirement of paragraph 1.6695–1(b)(1) and (2)

of this section may be satisfied by a photocopy of a copy of the return or claim for

refund which copy is manually signed by

the preparer after completion of its preparation. After a copy of the return or claim

for refund is signed by the preparer and

before it is photocopied, no person other

than the preparer may alter any entries on

the copy other than to correct arithmetical

errors discernible on the return or claim

for refund. The employer of the preparer

or the partnership in which the preparer is

a partner, or the preparer (if not employed

or engaged by a preparer and not a partner

of a partnership which is a preparer), must

retain the manually signed copy of the return or claim for refund. In the alternative,

for a return or claim for refund presented

to a taxpayer for signature after December

31, 1998 and for returns or claims for refund retained on or before that date, the

person required to retain the manually

signed copy of the return or claim for refund may choose to retain a photocopy of

the manually signed copy of the return or

March 22, 1999

claim for refund, or use an electronic storage system to store and produce a copy of

the manually signed return or claim for

refund. For purposes of paragraph

(b)(4)(i) of this section, an electronic storage system must meet the electronic storage system requirements prescribed in

section 4 of Rev. Proc. 97–22 (1997–1

C.B. 652) or procedures subsequently

prescribed by the Commissioner. A record

of any arithmetical errors corrected must

be retained and made available upon request by the person required to retain the

manually signed copy of the return or

claim for refund.

(b)(4)(ii) through (f) [Reserved]. For

further guidance, see §1.6695–1(b)(4)(ii)

through (f).

(g) Effective date. This section applies

to income tax returns and claims for refund presented to a taxpayer for signature

after December 31, 1998 and for returns

or claims for refund retained on or before

that date. This section expires on December 31, 2001.

Robert E. Wenzel,

Deputy Commissioner of

Internal Revenue.

Approved December 17, 1998.

Donald C. Lubick,

Assistant Secretary of

the Treasury.

(Filed by the Office of the Federal Register on December 30, 1998, 8:45 a.m., and published in the

issue of the Federal Register for December 31, 1998,

63 F.R. 72182)

26 CFR 1.6695–2T: Preparer due diligence

requirements for determining earned income credit

eligibility (temporary).

T.D. 8798

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1 and 602

Preparer Due Diligence

Requirements for Determining

Earned Income Credit Eligibility

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Temporary regulations.

16

SUMMARY: This document contains

temporary regulations relating to the due

diligence requirements for paid preparers

of federal income tax returns or claims for

refund involving the earned income

credit. The temporary regulations reflect

changes to the law made by the Taxpayer

Relief Act of 1997. The temporary regulations provide guidance to paid preparers

who prepare federal income tax returns or

claims for refund claiming the earned income credit. The text of the temporary

regulations also serves as the text of the

proposed regulations set forth in the notice of proposed rulemaking on this subject in REG–120168–97, page 21.

DATES: These regulations are effective

December 21, 1998.

FOR FURTHER INFORMATION CONTACT: Marc C. Porter (202) 622-4940

(not a toll free call).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

These regulations are being issued

without prior notice and public procedure

pursuant to the Administrative Procedure

Act (5 U.S.C. 553). For this reason, the

collection of information contained in

these regulations has been reviewed and

pending receipt and evaluation of public

comments, approved by the Office of

Management and Budget under control

number 1545–1570. Responses to this

collection of information are mandatory.

An agency may not conduct or sponsor,

and a person is not required to respond to,

a collection of information unless the collection of information displays a valid

control number.

For further information concerning this

collection of information, and where to

submit comments on the collection of information and the accuracy of the estimated burden, and suggestions for reducing this burden, please refer to the

preamble to the cross-referencing notice

of proposed rulemaking published in

REG–120168–97.

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

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

revenue law. Generally, tax returns and

1999–12 I.R.B.

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Page 17

tax return information are confidential, as

required by 26 U.S.C. 6103.

Background

This document contains amendments to

the Income Tax Regulations (26 CFR

parts 1 and 602) under section 6695(g) relating to the penalty for failure of a preparer to be diligent in determining a taxpayer’s eligibility for the earned income

credit (EIC). Section 6695(g) was added

by section 1085(a)(2) of the Taxpayer Relief Act of 1997, Public Law 105-34 (11

Stat. 788, 955 (1997)) (the Act), effective

for taxable years beginning after December 31, 1996.

Section 6695(g) imposes a $100

penalty for each failure by an income tax

return preparer to meet the due diligence

requirements set forth in this regulation.

The IRS may impose the section 6695(g)

penalty in addition to any other applicable

penalty provided by law.

In Notice 97–65 (1997–51 I.R.B. 14

(December 22, 1997)), the IRS set forth

the preparer due diligence requirements

for 1997 returns and claims for refund involving the EIC. To avoid the imposition

of the section 6695(g) penalty for 1997

returns and claims for refund, Notice 9765 requires preparers to meet four requirements: (1) complete the Earned Income Credit Eligibility Checklist attached

to Notice 97-65 (Eligibility Checklist), or

otherwise record the information necessary to complete the Eligibility Checklist;

(2) complete the Earned Income Credit

Worksheet (Computation Worksheet), as

contained in the 1997 Form 1040 instructions, or otherwise record the computation and information necessary to complete the Computation Worksheet; (3)

have no knowledge that any information

used by the preparer in determining eligibility for, and amount of, the EIC is incorrect; and (4) retain for three years the Eligibility Checklist and Computation

Worksheet (or alternative records), and a

record of how and when the information

used to determine eligibility for, and

amount of, the EIC was obtained by the

preparer. This information may be retained either as a paper record or in magnetic media format consistent with Rev.

Proc. 81–46 (1981–2 C.B. 621).

Notice 97–65 also requested comments

on preparer due diligence requirements

1999–12 I.R.B.

for tax years after 1997. Two comments

were received. The commentators did not

suggest alternative due diligence requirements. One commentator suggested,

however, increased education for the public. The IRS and Treasury Department

adhere to the principle that education is an

integral part of good tax administration.

Therefore, as part of its overall EIC strategy, the IRS has established various educational tools and outreach programs for

taxpayers and preparers. These efforts are

intended to provide the public with the

tools necessary to receive the full amount

of the EIC allowed by law.

The second commentator suggested

that preparers should be able to meet the

due diligence requirements by using software reviewed and approved by the IRS.

The IRS does not approve commercial

software. The IRS is currently exploring,

however, new opportunities for partnership with outside stakeholders to reduce

burden, enhance customer service, and increase compliance. As part of this effort,

the IRS will continue to review this comment and evaluate options.

Explanation of Provisions

The temporary and proposed regulations impose due diligence standards on

persons who are income tax return preparers with respect to determining eligibility

for, or the amount of, the EIC. Consistent

with existing regulations under section

6695, these temporary regulations apply a

modified definition of income tax return

preparer. Section 7701(a)(36) provides

that, in general, the term income tax return preparer means any person who prepares for compensation, or who employs

one or more persons to prepare for compensation, any return or claim for refund

of tax imposed by subtitle A. The preparation of a substantial portion of a return

or claim for refund is treated as if it were

the preparation of such return or claim for

refund. Persons are considered preparers

if they give legal advice concerning a return or claim for refund or if they prepare

another return which affects the return or

claim for refund (§301.7701–15(a)(2) and

(b) and §301.7701–15(b)(3), respectively). The regulations retain this definition of an income tax return preparer, except that preparers who merely give

advice or prepare another return that af-

17

fects the EIC return or claim for refund

are not preparers for purposes of the section 6695(g) penalty. Rather, the due diligence standards are imposed only on paid

preparers who prepare the return claiming

the EIC.

The temporary regulations essentially

adopt the four due diligence requirements

in Notice 97-65. Thus, to avoid the

penalty under section 6695(g), a preparer

must: (1) complete the Eligibility Checklist (Form 8867, Paid Preparer’s Earned

Income Credit Checklist, or such other

form as may be prescribed by the IRS), or

otherwise record in the preparer’s files the

information necessary to complete the Eligibility Checklist; (2) complete the Computation Worksheet (Earned Income

Credit Worksheet contained in the Form

1040 instructions), or otherwise record in

the preparer’s files the computation and

information necessary to complete the

Computation Worksheet; (3) have no

knowledge, and have no reason to know,

that any information used by the preparer

in determining eligibility for, and amount

of, the EIC is incorrect; and (4) retain for

three years the Eligibility Checklist and

the Computation Worksheet (or alternative records), and a record of how and

when the information used to determine

eligibility for, and the amount of, the EIC

was obtained by the preparer.

The temporary regulations also provide

that the income tax return preparer may

avoid the section 6695(g) penalty with respect to a particular income tax return or

claim for refund if the preparer can

demonstrate to the satisfaction of the IRS

that, considering all the facts and circumstances, the preparer’s normal office procedures are reasonably designed and routinely followed to ensure compliance with

the due diligence requirements of the regulations, and that the particular failure

was isolated and inadvertent.

The temporary regulations will be effective for taxable years beginning after

December 31, 1996. However, the Eligibility Checklist contained in Notice 97-65

has been expanded in Form 8867. Therefore, for taxable year 1997, the applicable

Eligibility Checklist is the Eligibility

Checklist contained in Notice 97-65. For

taxable year 1998, a preparer may choose

as the applicable Eligibility Checklist either the Eligibility Checklist published in

Notice 97-65 modified however, by re-

March 22, 1999

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Page 18

placing, $9,770, $25,760, $29,290, and

$2,250 each time these figures appear on

the 1997 Eligibility Checklist with

$10,030, $26,473, $30,095, and $2,300,

respectively, or Form 8867. For taxable

years beginning after December 31, 1998,

the applicable Eligibility Checklist will be

the Form 8867.

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. Further, it is

hereby certified, pursuant to sections

603(a) and 605(b) of the Regulatory Flexibility Act, that the collection of information in these regulations will not have a

significant economic impact on a substantial number of small entities. This certification is based upon the fact that the

amount of time necessary to record and

retain the required information will be

nominal for those income tax return preparers that choose to use the Alternative

Eligibility Record and Alternative Computation Record. Therefore, a Regulatory

Flexibility Analysis under the Regulatory

Flexibility Act (5 U.S.C. chapter 6) is not

required. Pursuant to section 7805(f) of

the Internal Revenue Code, these temporary regulations will be submitted to the

Chief Counsel for Advocacy of the Small

Business Administration for comment on

their impact.

Drafting Information

The principal author of these regulations is Marc C. Porter, Office of Assistant Chief Counsel (Income Tax & Accounting). However, other personnel

from the IRS and Treasury Department

participated in their development.

* * * * *

Amendments to the Regulations

Accordingly, 26 CFR parts 1 and 602

are amended as follows:

PART 1 — INCOME TAXES

Paragraph 1. The authority citation for

part 1 is amended by adding an entry in

numerical order to read as follows:

March 22, 1999

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

Section 1.6695–2T also issued under 26

U.S.C. 6695(g). * * *

Par. 2. Section 1.6695–2T is added to

read as follows:

§1.6695–2T Preparer due diligence

requirements for determining earned

income credit eligibility (temporary).

(a) Penalty for failure to meet due diligence requirements. A person who is an

income tax return preparer (preparer) of

an income tax return or claim for refund

under subtitle A of the Internal Revenue

Code (Code) with respect to determining

the eligibility for, or the amount of, the

earned income credit (EIC) under section

32 and who fails to satisfy the due diligence requirements of paragraph (b) of

this section will be subject to a penalty of

$100 for each such failure. However, no

penalty will be imposed under section

6695(g) on a person who is an income tax

return preparer solely by reason of —

(1) Section 301.7701–15(a)(2) and (b)

of this chapter, on account of having

given advice on specific issues of law; or

(2) Section 301.7701–15(b)(3) of this

chapter, on account of having prepared

the return solely because of having prepared another return that affects amounts

reported on the return.

(b) Due diligence requirements. A preparer must satisfy the following due diligence requirements:

(1) Completion of eligibility checklist.

(i) The preparer must either —

(A) Complete Form 8867, Paid Preparer’s Earned Income Credit Checklist,

or such other form as may be prescribed

by the IRS (Eligibility Checklist); or

(B) Otherwise record in the preparer’s

paper or electronic files the information

necessary to complete the Eligibility

Checklist (Alternative Eligibility Record).

The Alternative Eligibility Record may

consist of one or more documents containing the required information.

(ii) The preparer’s completion of the

Eligibility Checklist or Alternative Eligibility Record must be based on information provided by the taxpayer to the preparer or otherwise reasonably obtained by

the preparer.

(2) Computation of credit. (i) The preparer must either —

(A) Complete the Earned Income

Credit Worksheet in the Form 1040 in-

18

structions or such other form as may be

prescribed by the IRS (Computation

Worksheet); or

(B) Otherwise record in the preparer’s

paper or electronic files the preparer’s

EIC computation, including the method

and information used to make the computation (Alternative Computation Record).

The Alternative Computation Record may

consist of one or more documents containing the required information.

(ii) The preparer’s completion of the

Computation Worksheet or Alternative

Computation Record must be based on information provided by the taxpayer to the

preparer or otherwise reasonably obtained

by the preparer.

(3) Knowledge. The preparer must not

know, or have reason to know, that any information used by the preparer in determining the taxpayer’s eligibility for, or

the amount of, the EIC is incorrect. The

preparer may not ignore the implications

of information furnished to, or known by,

the preparer, and must make reasonable

inquiries if the information furnished to,

or known by, the preparer appears to be

incorrect, inconsistent, or incomplete.

(4) Retention of records. (i) The preparer must retain —

(A) A copy of the completed Eligibility

Checklist or Alternative Eligibility

Record;

(B) A copy of the Computation Worksheet or Alternative Computation Record;

and

(C) A record of how and when the information used to complete the Eligibility

Checklist or Alternative Eligibility

Record and the Computation Worksheet

or Alternative Computation Record was

obtained by the preparer, including the

identity of any person furnishing the information.

(ii) These items must be retained for

three years after the June 30th following

the date the return or claim for refund was

presented to the taxpayer for signature,

and may be retained on paper or electronically in the manner prescribed in applicable regulations, revenue rulings, revenue

procedures, or other appropriate guidance.

(c) Exception to penalty. The section

6695(g) penalty will not be applied with

respect to a particular income tax return

or claim for refund if the preparer can

demonstrate to the satisfaction of the IRS

that, considering all the facts and circum-

1999–12 I.R.B.

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Page 19

stances, the preparer’s normal office procedures are reasonably designed and routinely followed to ensure compliance with

the due diligence requirements of paragraph (b) of this section, and the failure to

meet the due diligence requirements of

paragraph (b) of this section with respect

to the particular return or claim for refund

was isolated and inadvertent.

(d) Effective date. (1) In general. This

section applies to income tax returns and

claims for refund for taxable years beginning after December 31, 1996. This section expires on, December 21, 2001. For

the applicable Eligibility Checklist see

paragraph (d)(2) of this section.

(2) Eligibility Checklist—(i) For the

1997 taxable year. For taxable year 1997,

the applicable Eligibility Checklist is the

Eligibility Checklist published in Notice

97-65 (1997–51 I.R.B.14) December 22,

1997. (See §601.601(d)(2)(ii)(b) of this

chapter.)

(ii) For the 1998 taxable year. For taxable year 1998 the applicable Checklist is

either—

(A) The Checklist published in Notice

97-65 (1997-51 I.R.B.14) December 22,

1999–12 I.R.B.

1997, modified however, by applying the

figures $10,030, $26,473, $30,095, and

$2,300 in place of $9,770, $25,760,

$29,290, and $2,250, respectively, each

time these figures appear on the 1997

Checklist; or

(B) Form 8867, Paid Preparer ’s

Earned Income Credit Checklist.

(iii) For taxable years after 1998. For

taxable years beginning after December

31, 1998, the applicable Eligibility

Checklist is the Eligibility Checklist contained in Form 8867, Paid Preparer’s

Earned Income Credit Checklist, or such

other form as may be prescribed by the

IRS.

PART 602 — OMB CONTROL

NUMBERS UNDER THE

PAPERWORK REDUCTION ACT

Par. 3. The authority citation for part

602 continues to read as follows:

Authority: 26 U.S.C. 7805.

Par. 4. In §602.101, paragraph (c) is

amended by adding the following entry in

numerical order to the table to read as follows:

19

§602.101 OMB Control numbers.

* * * * *

(c) * * *

CFR part or section

where identified

and described

Current OMB

control No.

* * * * *

1.6695–2T . . . . . . . . . . . . . . . 1545–1570

* * * * *

David S. Mader,

Acting Deputy Commissioner

of Internal Revenue.

Approved December 9, 1998.

Donald C. Lubick,

Assistant Secretary of

the Treasury.

(Filed by the Office of the Federal Register on December 18, 1998, 8:45 a.m., and published in the

issue of the Federal Register for December 21, 1998,

63 F.R. 70339)

March 22, 1999

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Page 20

Part III. Administrative, Procedural, and Miscellaneous

Weighted Average Interest

Rate Update

Notice 99–15

Notice 88–73 provides guidelines for

determining the weighted average interest

rate and the resulting permissible range of

interest rates used to calculate current liability for the purpose of the full funding

limitation of § 412(c)(7) of the Internal

Revenue Code as amended by the Omnibus Budget Reconciliation Act of 1987

and as further amended by the Uruguay

Round Agreements Act, Pub. L. 103–465

(GATT).

Month

Year

Weighted

Average

March

1999

6.15

Drafting Information

The principal author of this notice is

Todd Newman of the Employee Plans Di-

March 22, 1999

90% to 105%

Permissible

Range

90% to 110%

Permissible

Range

5.54 to 6.46

5.54 to 6.77

vision. For further information regarding

this notice, call (202) 622-6076 between

2:30 and 3:30 p.m. Eastern time (not a

toll-free number). Mr. Newman’s number

20

The average yield on the 30-year Treasury Constant Maturities for February

1999 is 5.37 percent.

The following rates were determined

for the plan years beginning in the month

shown below.

is (202) 622-8458 (also not a toll-free

number).

1999–12 I.R.B.

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Page 21

Part IV. Items of General Interest

Notice of Proposed Rulemaking

Notice of Public Hearing

Preparer Due Diligence

Requirements for Determining

Earned Income Credit Eligibility

REG–120168–97

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Notice of proposed rulemaking by cross-reference to temporary regulations and notice of public hearing.

SUMMARY: In T.D. 8798, page 16, the

IRS is issuing temporary regulations relating to the due diligence requirements in

determining eligibility for the earned income credit for paid preparers of federal

income tax returns or claims for refund.

The text of those regulations also serves

as the text of these proposed regulations.

This document also provides notice of a

public hearing on these proposed regulations.

DATES: Written comments must be received by, March 22, 1999. Outlines of

topics to be discussed at the public hearing scheduled for Thursday, May 20,

1999, at 10 a.m. must be received by

Thursday, April 29, 1999.

ADDRESSES: Send submissions to:

CC:DOM:CORP:R (REG–120168–97),

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–120168–97),

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 of

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

1999–12 I.R.B.

FOR FURTHER INFORMATION CONTACT: Concerning submissions, LaNita

Van Dyke, (202) 622-7190; concerning

the regulations, Marc C. Porter, (202)

622-4940 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

The collection of information contained in this notice of proposed rulemaking has been submitted to the Office of

Management and Budget for review in accordance with the Paperwork Reduction

Act of 1995 (44 U.S.C. 3507(d)). Comments on the collection of information

should be sent to the Office of Management and Budget, Attn: Desk Officer for

the Department of Treasury, Office of Information and Regulatory Affairs, Washington, DC 20503, with copies to the Internal Revenue Service, Attn: IRS

Reports Clearance Officer, OP:FS:FP,

Washington, DC 20224. Comments on

the collection of information should be received by, February 19, 1998. Comments

are specifically requested concerning:

Whether the proposed collection of information is necessary for the proper performance of the functions of the Internal

Revenue Service, including whether the

information will have practical utility;

The accuracy of the estimated burden

associated with the proposed collection of

information (see below);

How the quality, utility, and clarity of

the information to be collected may be

enhanced;

How the burden of complying with the

proposed collection of information may

be minimized, including through the application of automated collection techniques or other forms of information technology; and

Estimates of capital or start-up costs and

costs of operation, maintenance, and purchase of service to provide information.

The collection of information in this

proposed regulation is in §1.6695–2T.

This information is required by the IRS to

determine preparer due diligence compliance. This information will be used to

avoid the imposition of the penalty imposed by section 6695(g) of the Internal

21

Revenue Code. The collection of information is mandatory. The likely recordkeepers are individuals, business or other

for profit institutions, and small businesses or organizations.

The collection of information in

§1.6695–2T is generally satisfied by completing: 1) the required information on

the Checklist published in Notice 97–65

or the Form 8867, Paid Preparer ’s

Earned Income Credit Checklist; and 2)

the required Worksheet information on

the Earned Income Credit Worksheet contained in the instructions to the Form

1040. The burden for the Checklist requirement is reflected in the burden estimate for Form 8867. The burden for the

Worksheet requirement is reflected in the

burden estimate for the Earned Income

Credit Worksheet contained in the instructions to the Form 1040. Preparers may

also choose to record the information necessary to complete the Checklist and

Worksheet in their paper or electronic

files (alternative method).

The information collections in this regulation were originally included in Notice

97–65 and have been approved by the Office of Management and Budget under

control number 1545–1570.

The collection of information for preparers who choose to record the information required by the regulations in alternative paper or electronic form is as follows:

Estimated total annual recordkeeping

burden: 507,136 hours.

Estimated average annual burden hours

per recordkeeper: 5 hours 4 minutes (40

minutes per return or claim for refund, 7.6

returns per preparer).

Estimated number of recordkeepers:

100,000.

An agency may not conduct or sponsor,

and a person is not required to respond to,

a collection of information unless it displays a valid control number assigned by

the Office of Management and Budget.

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

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

revenue law. Generally, tax returns and

tax return information are confidential, as

required by 26 U.S.C. 6103.

March 22, 1999

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Page 22

Background and Explanation of

Provisions

Temporary regulations in T.D. 8798

amend the Income Tax Regulations (26

CFR part 1) relating to section 6695. The

temporary regulations set forth due diligence requirements that paid preparers of

federal income tax returns or claims for

refund involving the Earned Income

Credit (EIC) must meet to avoid imposition of the penalty under section 6695(g)

for taxable years beginning after December 31, 1996. The text of those regulations also serves as the text of these proposed regulations. The preamble to the

temporary regulations explains the

amendments.

Special Analyses

It has been determined that this notice

of proposed rulemaking 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. Further, it is hereby certified, pursuant to sections 603(a) and 605(b) of the

Regulatory Flexibility Act, that the collection of information in these regulations

will not have a significant economic impact on a substantial number of small entities. This certification is based upon the

fact that the amount of time necessary to

record and retain the required information

will be minimal for those income tax return preparers that choose to use the Alternative Eligibility Record and Alternative Computation Record. Therefore, a

Regulatory Flexibility Analysis under the

Regulatory Flexibility Act (5 U.S.C.

chapter 6) is not required. 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 their impact.

Comments and Requests for a Public

Hearing

Before these proposed regulations are

adopted as final regulations, consideration will be given to any comments (a

signed original and eight (8) copies) that

are submitted timely to the IRS. The IRS

March 22, 1999

and Treasury specifically request comments on the clarity of the proposed rule

and how it may be made easier to understand. All comments will be available for

public inspection and copying.

A public hearing has been scheduled for

May 20, 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 (April 29,

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 regulations is Marc C. Porter, Office of Assistant Chief Counsel (Income Tax & Accounting). However, other personnel

from the IRS and Treasury Department

participated in their development.

* * * * *

Proposed Amendments to the Regulations

Accordingly, 26 CFR part 1 is proposed to be amended as follows:

PART 1 — INCOME TAXES

Paragraph 1. The authority citation for

part 1 is amended by adding an entry in

numerical order to read as follows:

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

22

Section 1.6695–2 also issued under 26

U.S.C. 6695(g). * * *

Par. 2. Section 1.6695–2 is added to

read as follows:

§1.6695–2 Preparer due diligence

requirements for determining earned

income tax credit eligibility.

[The text of proposed §1.6695–2 is the

same as the text of §1.6695–2T published

in T.D. 8798.]

David S. Mader,

Acting Deputy Commissioner

of Internal Revenue.

(Filed by the Office of the Federal Register on December 18, 1998, 8:45 a.m., and published in the

issue of the Federal Register for December 21, 1998,

63 F.R. 70357)

Notice of Proposed Rulemaking

Intercompany Obligations

REG–105964–98

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document contains a

proposed regulation that clarifies the

treatment of the transfer or extinguishment of rights under an intercompany

obligation. The existing regulation has

caused uncertainty concerning the tax

treatment of such transactions. The proposed regulation affects corporations that

are members of consolidated groups, their

subsidiaries, and their shareholders.

DATES: Comments and requests for a

public hearing must be received by March

22, 1999.

ADDRESSES: Send submissions to:

CC:DOM:CORP:R (REG–105964–98),

room 5228, 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–105964–98),

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

Washington, DC. Alternatively, taxpayers

1999–12 I.R.B.

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Page 23

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.

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulation, Theresa A. Abell, (202) 622-7790;

concerning submissions of comments,

LaNita Van Dyke, (202) 622-7180 (not

toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background

This document contains proposed

amendments to §1.1502–13(g) of the Income Tax Regulations. Section 1.1502–

13(g) prescribes rules relating to the treatment of the transfer or extinguishment of

rights an intercompany obligation. An intercompany obligation is generally defined as an obligation between members

of a consolidated group, but only for the

period during which both parties are

members of the group. The current regulation provides that if a member of a consolidated group realizes an amount (other

than zero) of income, gain, deduction, or

loss upon the transfer or extinguishment

of all or part of its remaining rights or

obligations under an intercompany obligation, the obligation is treated as satisfied

(and the transferor’s basis in the property

received is adjusted to reflect the satisfaction amount) and , if the obligation remains outstanding, it is treated as reissued

as a new obligation.

The current regulation is, however, ambiguous regarding the form of the recast

transaction, i.e., the deemed transaction

that encompasses the satisfaction,reissuance, and actual transaction. Under one

interpretation of the regulation, there is a

potential that the form of the recast jeopardizes the tax-free treatment of common

corporates restructuring transactions.

While it is not clear the regulation produces such consequences, the IRS and

Treasury believe that any such consequences would be inappropriate and unnecessary to achieve the objectives of the

regulation. Accordingly, the IRS and

Treasury propose to amend the regulation

as described below.

1999–12 I.R.B.

Explanation of Provisions

The existing regulation does not apply

to transactions in which the amount of income, gain, deduction, or loss realized is

zero. This rule was intended to avoid application of the regulation to transactions

in which preservation of gain or loss location, an objective of §1.1502–13(g),

would not be at issue. However, the determination of whether the amount of income, gain, deduction, or loss realized is

zero might depend on the fair market

value of property received in an exchange. The difficulty and manipulability

of that valuation is a reason for the enactment of certain provisions of the original

issue discount (OID) rules, particularly

section 1274. To the extent that taxpayers

were able to avoid the deemed satisfaction and reissuance rule by inaccurately

maintaining that the amount of income,

gain, deduction, or loss realized is zero,

taxpayers could avoid those OID rules

and could inappropriately shift gain or

loss among members. The IRS and Treasury have concluded that the better and

more administrable approach is not to

condition the application of the regulation

on a realization of some amount of income, gain, deduction, or loss other than

zero. Accordingly, the regulation as proposed will apply to all transactions in

which any amount is realized due to the

transfer or extinguishment of rights in an

intercompany obligation.

The IRS and Treasury believe the exception from the operation of this provision for transactions that will not have

significant effect on any person’s Federal

income tax liability for any year is unclear

in its application and scope. Further, the

exception offers little, if any, relief from

the requirements of the provision. Accordingly, the exception is eliminated

from the regulation.

The proposed regulation clarifies the

form and timing of the recast applied to

transactions subject to the regulation. In

particular, it clarifies that the deemed satisfaction proceeds (rather than the obligation) are treated as transferred by the initial creditor in the actual transaction and

then advanced by the transferee to the

debtor in the deemed reissuance of the

obligation. The proposed regulation includes an example to illustrate clearly the

mechanics of the proposed regulation. It

23

also includes certain conforming adjustments.

The proposed regulation retains the

rule that the deemed satisfaction and reissuance amounts are determined under the

principles of the OID provisions if the

debt is transferred for property. The IRS

and Treasury recognize that an alternate

rule providing for a fair market value determination of the deemed satisfaction

and reissuance amounts might (in theory)

more accurately preserve location of economic gain or loss. In such an alternate

regime, however, the inherent difficulty

of valuing intercompany obligations

would prove burdensome to both taxpayers and the IRS and may provide significant potential for abuse when member

obligations are transferred. Certain provisions of the OID rules are intended to address the difficulty and manipulability o

this valuation. Other developments in the

tax law have recognized that issue price,

as determined under the OID rules, is the

surrogate for fair market value in the case

of a debt obligation. For example,

§1.100–1(g) provides that issue price is

used in determining the amount realized

from the receipt of a debt instrument. For

these reasons, and consistent with the objective of promoting single entity treatment of the group, the IRS and Treasury

continue to believe that the use of the OID

provisions is appropriate and desirable in

determining the deemed satisfaction

amount and the amount for which the

obligation is deemed reissued. Accordingly, the regulation as proposed continues to use the OID provisions to determine both the amount repaid in the

deemed satisfaction and the issue price of

the reissued obligation in cases involving

the exchange of an intercompany obligation for cash or property.

In addition, the proposed regulation

clarifies that the term “conversion” includes only conversions pursuant to the

terms of the instrument.

Proposed Effective Date

The regulation is proposed to be effective on the date that the final regulation is

published in the Federal Register. For

purposes of determining the tax treatment

of transactions undertaking prior to such

effective date, taxpayers may rely on the

form and timing of the recast transaction,

March 22, 1999

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Page 24

as clarified by these proposed regulations.

No inference is intended, however, as to

the correct interpretation of the existing

regulation.

Special Analyses

It has been determined that this notice

of proposed rulemaking is not a significant regulatory action as defined in EO

12866. Therefore, a regulatory assessment is not required. It is hereby certified

that these regulations will not have a significant impact on a substantial number of

small entities. This certification is based

on the fact that these regulations principally affect corporations filing consolidated Federal income tax returns. Available data indicates that many consolidated

return filers are larger companies (not

small businesses). Therefore, a Regulatory Flexibility Analysis under the Regulatory Flexibility ct (5 U.S.C. chapter 6) is

not required. 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 Requests for a Public

hearing

Before this proposed regulation is

adopted as a final regulation, consideration will be given to any written comments (preferably a signed original and

eight copies) that are timely submitted to

the IRS. All comments will be available

for public inspection and copying. A public hearing may be scheduled if requested

in writing by any person that timely submits written comments. If a public hearing is scheduled, notice of the date, time,

and place of the hearing will be published

in the Federal Register.

Drafting Information

The principal author of this regulation

is Theresa A. Abell of the Office of Assistant Chief Counsel (Corporate), IRS.

However, other personnel from the IRS

and Treasury Department participated in

its development.

* * * * *

Proposed Amendments to the Regulations

Accordingly, 26 CFR part 1 is proposed to be amended as follows:

March 22, 1999

PART 1—INCOME TAXES

Paragraph 1. The authority citation for

part 1 continues to read in part as follows:

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

Section 1.1502–13 also issued under 26

U.S.C. 1502.

Par. 2. Section 1.1502–13 is amended

by:

1. Revising paragraphs (g)(3)(i)(A),

(g)(3)(i)(B)(3), (g)(3)(ii)(A), and (g)(3)(ii), and removing paragraph (g)(3)(i)(B)(4).

2. Revising paragraph (g)(4)(i)(B).

3. Amending paragraph (g)(5) by:

a. Removing the language “Example 2” in each place it appears in paragraphs (d), (e) and (f) of Example 2 and

adding “Example 3” in its place.

b. Removing the language “Example 3” in each place it appears in paragraph (c) and (d) of Example 3 and

adding “Example 4” in its place.

c. Removing the language “Example 5” in each place it appears in paragraph (c) of Example 5 and adding “Example 6” in its place.

d. Redesignating Examples 2, 3, 4

and 5 as Examples 3, 4, 5 and 6 and

adding a new Example 2.

The revisions and additions read as follows:

§1.1502–13 Intercompany transactions.

* * * * *

(g) ***

(3) Deemed satisfaction and reissuance of intercompany obligations—(i)

Application—(a) In general. If a member

realizes an amount from the assignment

or extinguishment of all or part of its remaining rights or obligations under an intercompany obligation, the intercompany

obligation is treated for all Federal income tax purposes as satisfied under paragraph (g)(3)(ii) of this section and, if it remains outstanding (either as an

intercompany obligation or a nonintercompany obligations), reissued under

paragraph (g)(3)(iii) of this section. Similar principles apply under this paragraph

(g)(3) if a member realizes an amount, directly or indirectly, from a comparable

transaction (for example, a marking-tomarket of an obligation or a bad debt deduction), or if an intercompany obligation

becomes an obligation that is not an intercompany obligation.

24

(B) ***

(3) The amount realized is from the

conversion of an obligation (under the

terms of the instrument) into stock of the

obligor.

(ii) Satisfaction—(A) General rule. If

a creditor member sells an intercompany

debt for cash, the debt is treated as satisfied by the debtor immediately before the

sale for an amount equal to the amount of

the cash. If the debt is transferred for

property, the debt is treated as satisfied

immediately before the transaction for an

amount equal to the issue price (determined under section 1273 or section

1274) of a new debt issued on the date of

the transaction, with identical terms, for

such property. If this paragraph (g)(3) applies because the debtor or creditor becomes a nonmember, the debt is treated as

satisfied for cash in an amount equal to its

fair market value immediately before the

debtor or creditor becomes a nonmember.

If the debt is transferred for cash or property, the proceeds of the deemed satisfaction are treated as transferred by the creditor tot he transferee of the debt in

exchange for the cash or property. Similar

principles apply to other transactions and

to transactions involving intercompany

obligations other than debt. For example,

if a corporation assumes the debtor’s liability in exchange for property of the

debtor, the debt is treated as satisfied for

an amount equal to the issue price (determined under section 1273 or section

1274) of a new debt issued on the date of

the transaction, with identical terms, for

such property. If, in a transaction to which

this paragraph (g)(3) applies, the obligation is extinguished, including in a transaction in which the creditor and debtor

become the same entity, the obligation is

treated as satisfied for an amount equal to

the issue price (determined under section

1273 or section 1274) of a new debt issued on the date of the transaction, with

identical terms, to a third party, for property that is not publicly traded.

* * * * *

(iii) Reissuance. If an intercompany

debt is transferred for cash or property, it

is treated as a new debt (with a new holding period but otherwise identical terms)

issued to the transferee in exchange for

the proceeds of the deemed satisfaction as

determined under paragraph (g)(3)(ii) of

1999–12 I.R.B.

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Page 25

this section. If this paragraph (g)(3) applies because the debtor or creditor becomes a nonmember, the debt is treated as

a new debt (with a new holding period but

otherwise identical terms) issued to the

creditor for the deemed satisfaction proceeds. Similar principles apply to other

transactions and to transactions involving

intercompany obligations other than debt.

* * * * *

(4) ***

(i) ***

(B) Exception. This paragraph (g)(4)

does not apply to an obligation if the

obligation becomes an intercompany

obligation by reason of an event described

in §1.108–2(e) (exceptions to the application of section 108(e)(4)).

* * * * *

of this section, B is treated as reissuing the note to P

for $100. P’s basis in the note is $100.

* * * * *

Robert E. Wenzel,

Deputy Commissioner of

Internal Revenue.

(Filed by the Office of the Federal Register on December 18, 1998, 8:45 a.m., and published in the

issue of the Federal Register for December 21, 1998,

63 F.R. 70354)

Notice of Proposed Rulemaking

and Notice of Public Hearing

Adequate Disclosure of Gifts

Example 2. Nonrecognition transactions. (a)

Facts. On January 1 of Year 1, B borrows $100 from

S in return for B’s not providing for $10 of interest

annually at the end of each year, and repayment of

$100 at the end of Year 5. B fully performs its obligations with the same tax consequences as described

in paragraph (a) of Example 1. At the end of Year 3,

S transfers the note to a newly formed subsidiary,

Newco, in exchange for Newco stock. Section 351

applies to the exchange. The interest is adequate

stated interest within the meaning of section

1274(c)(2) (determined on the date of the transfer).

Neither B’s not nor Newco’s stock is publicly

traded.

(b) Deemed satisfaction and reissuance of note.

Under paragraph (g)(3)(ii) of this section, B’s note is

treated as satisfied for $100 (the issue price of the

reissued note, determined under section 1273(b)(4))

immediately before S’s transfer of the note to

Newco. Zero gain or loss is recognized by S and B

on the deemed satisfaction of B’s note. S is then

treated as transferring the deemed proceeds of the

satisfaction of the note ($100) to Newco in exchange

for the Newco stock. S’s basis in the Newco stock is

$100. Under paragraph (g)(3)(iii) of this section, B

is treated as reissuing the note to Newco for $100.

Newco’s basis in B’s note is $100.

(c) Intercompany obligation transferred in section 332 transaction. The facts are the same as in

paragraph (a) of this Example 2, except that S transfers the note to P in a complete liquidation under

section 332. Under paragraph (g)(3)(ii) of this section, B’s note is treated as satisfied for $100 (the

issue price of the reissued note, determined under

section 1273(b)(4)) immediately before S’s transfer

of the note to P. Zero gain or loss is recognized by S

and B on the deemed satisfaction of the note. S is

then treated as transferring the deemed proceeds of

the satisfaction of the note, with its other assets, to P

in complete liquidation. Under paragraph (g)(3)(iii)

1999–12 I.R.B.

FOR FURTHER INFORMATION

CONTACT: Concerning the regulations,

William L. Blodgett, (202) 622-3090;

concerning submissions and the hearing,

and/or to be placed on the building access

list to attend the hearing, LaNita Van

Dyke, (202) 622-7180 (not toll- free numbers).

REG–106177–98

AGENCY: Internal Revenue Service

(IRS), Treasury.

(5) Examples.

* * * * *

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, at

10 a.m., Internal Revenue Building, 1111

Constitution Avenue, NW, Washington

DC.

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

SUMMARY: This document contains

proposed regulations relating to changes

made by the Taxpayer Relief Act of 1997

and the Internal Revenue Service Restructuring and Reform Act of 1998 regarding

the valuation of prior gifts in determining

estate and gift tax liability, and the period

of limitations for assessing and collecting

gift tax. The proposed regulations affect

individual donors and the estates of those

donors. This document also provides notice of a public hearing on these proposed

regulations.

DATES: Written and electronic comments must be received by March 22,

1999. Outlines of topics to be discussed

at the public hearing scheduled for

Wednesday, April 28, 1999, must be received by Wednesday, April 7, 1999.

ADDRESSES: Send submissions to

CC:DOM:CORP:R [REG–106177–98]

room 5226, Internal Revenue Service,

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

be hand delivered Monday through Friday

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

CC:DOM:CORP:R [REG–106177–98],

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

Washington, DC. Alternatively, taxpayers

may submit comments electronically via

25

SUPPLEMENTARY INFORMATION:

Introduction

This document proposes to amend the

Estate and Gift Tax Regulations (26 CFR

parts 20 and 25) under sections 2001 and

2504 relating to the value of prior gifts for

purposes of computing the estate and gift

tax. This document also proposes to

amend the Procedure and Administration

Regulations relating to the period for assessment and collection of gift tax under

section 6501.

Paperwork Reduction Act

The collection of information contained in this notice of proposed rulemaking has been submitted to the Office of

Management and Budget for review in accordance with the Paperwork Reduction

Act of 1995 (44 U.S.C. 3507(d)). Comments on the collection of information

should be sent to the Office of Management and Budget, Attn: Desk Officer for

the Department of the Treasury, Office of

Information and Regulatory Affairs,

Washington, DC 20503, with copies to

the Internal Revenue Service, Attn: IRS

Reports Clearance Officer, OP:FS:FP,

Washington, DC 20224. Comments on

the collection of information should be received by February 22, 1999. Comments

are specifically requested concerning:

Whether the proposed collection of information is necessary for the proper performance of the functions of the Internal

Revenue Service, including whether the

information will have practical utility;

March 22, 1999

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Page 26

The accuracy of the estimated burden

associated with the proposed collection of

information (see below);

How the quality, utility, and clarity of

the information to be collected may be enhanced;

How the burden of complying with the

proposed collection of information may

be minimized, including through the application of automated collection techniques or other forms of information technology; and

Estimates of capital or start-up costs

and costs of operation, maintenance, and

purchase of service to provide information.

The collection of information in this

proposed regulation is proposed

§301.6501(c)–1(f) of the Procedure and

Administration Regulations. This information is required by statute in order to

commence the period of limitations on assessment. This information will be used

to identify gift tax issues relating to the

reported transfers. The collection of information is mandatory. The likely respondents are individuals.

The reporting burden contained in

§301.6501–1(f) is reflected in the burden

of Form 709, U.S. Gift (and GenerationSkipping Transfer) Tax Return.

An agency may not conduct or sponsor,

and a person is not required to respond to,

a collection of information unless it displays a valid control number assigned by

the Office of Management and Budget.

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

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

revenue law. Generally, tax returns and

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

Background

Under the unified estate and gift tax

system, a single rate schedule is applied

to an individual’s cumulative gifts and bequests. Gift tax is computed by determining a tax on the total of the gifts made by

the donor in the current calendar year plus

the gifts made in prior years (prior taxable

gifts). The tax computed is then reduced

by the tax that would have been payable

on the prior taxable gifts. The result

(after taking into account the applicable

credit amount under section 2505) is the

gift tax on the current gifts. Similarly, the

March 22, 1999

estate tax is computed by determining a

tax on the value of the decedent’s taxable

estate plus the value of lifetime gifts (adjusted taxable gifts) made by the decedent. The tax computed is then reduced

by the gift tax that would have been

payable on the adjusted taxable gifts. The

result (after allowing for various credits)

is the estate tax on the taxable estate.

The Statute of Limitations for Assessment

of Gift Tax Under Section 6501(c)(9) of

the Internal Revenue Code

Prior to the Taxpayer Relief Act of 1997

(the 1997 Act) and the Internal Revenue

Service Restructuring and Reform Act of

1998 (the 1998 Act), the period for assessment of gift tax for a calendar period generally expired three years from the date a

gift tax return for that period was deemed

to be filed. The statute of limitation protection extended to all gifts made in a calendar period for which a return was filed,

including gifts not reported on the gift tax

return for the period. An exception to this

general rule applied for gifts subject to the

special valuation rules of sections 2701

and 2702. For gifts subject to these rules,

section 6501(c)(9) extends the period of

assessment indefinitely unless the gifts

were disclosed on the gift tax return in a

manner adequate to apprise the IRS of the

nature of the transfer.

Under the 1997 and 1998 Acts, this adequate disclosure requirement was extended to all gifts, whether or not subject

to section 2701 or 2702. Consequently,

the period of assessment will not close for

any gift made in a calendar year ending

after August 5, 1997, or with respect to

any increase in gift tax required under

section 2701(d), that is not adequately

disclosed on a gift tax return.

The proposed regulations provide a list

of information that, if applicable to a

transaction, must be reported on a gift tax

return, or a statement attached thereto, in

order for the transaction to be considered

adequately disclosed to cause the period

for assessment to commence. The required information must completely and

accurately describe the transaction and include: the nature of the transferred property; the parties involved; the value of the

transferred property; and how the value

was determined, including any discounts

or adjustments used in valuing the transferred property.

26

Specific rules are provided in the case

of transfers of entities that are not actively

traded that own interests in other non-actively traded entities. Comments are requested on how these rules should be applied when the required information is not

available to the donor.

In addition, the return must disclose

the facts affecting the gift tax treatment of

the transaction in a manner that reasonably may be expected to apprise the IRS

of the nature of any potential controversy

regarding the gift tax treatment of the

transfer. In lieu of this statement, the taxpayer may provide a statement of any

legal issue presented by the facts. Finally,

the taxpayer must also provide a statement of any position taken by the taxpayer that is contrary to any temporary or

final Treasury regulation or any revenue

ruling. These standards are based on

those currently employed under §6662 in

determining whether an item is adequately disclosed under that section, such

that accuracy-related penalties will not be

imposed.

The proposed regulations contain examples that illustrate adequate disclosure

under these standards.

Under the proposed regulations, adequate disclosure of a transfer that is reported as a completed gift on the gift tax

return will commence the running of the

statute of limitations under section

6501(c)(9) even if the transfer is ultimately determined to be an incomplete

gift. Thus, if the donor reports a transfer

on the gift tax return as a completed gift

for gift tax purposes, the period for assessing a gift tax with respect to the transfer will commence. If the IRS does not

examine the transaction reported on the

gift tax return prior to the expiration of

the running of the statute of limitations,

the transaction will be treated as a completed gift as reported on the gift tax return. If the IRS, upon examination, disagrees with the donor’s characterization

of the transaction, and the issue remains

unresolved through the administrative

process, the donor will be sent a final notice of determination and the donor will

be able to seek a declaratory judgment on

the matter pursuant to section 7477.

On the other hand, if a donor initially

reports a transfer as an incomplete gift,

even if adequately disclosed, the statute

of limitations does not commence to run

1999–12 I.R.B.

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Page 27

until the donor reports the transfer as a

completed gift. The IRS would have

three years from the date of filing of the

subsequent gift tax return disclosing the

completed gift to make any assessment

with respect to the gift.

As discussed below, the 1997 and 1998

Act amendments to sections 2001 and

2504 curtail the IRS’ ability to redetermine the value of a gift in computing the

estate or gift tax, after the statute of limitations expires. However, the adequate

disclosure requirement contained in section 6501(c)(9) is intended to afford the

IRS the reasonable opportunity to identify

in a timely manner and with a minimum

expenditure of resources returns that present issues that merit further examination.

Accordingly, the information required is

intended to enable the IRS to identify issues, if any, without imposing an undue

burden on taxpayers.

The proposed regulations conform the

regulations to the new statutory rules for

gifts made in calendar years ending after

August 5, 1997, if such gift tax return is

filed after the regulations are published as

final regulations. In the interim period,

the statutory provisions apply.

Valuation of Prior Gifts for Gift Tax

Purposes

Prior to the 1997 and 1998 Acts, section 2504(c) provided that if a gift tax had

been paid or assessed with respect to the

calendar period in which the gift occurred

and the statute of limitations on assessment for the prior gift had expired, then

the value of any gift made in such calendar period could not be adjusted for purposes of determining the total amount of

prior taxable gifts that the individual had

made. This prohibition on adjustments

applied even if a particular gift was not

disclosed on the gift tax return. This rule

continues to apply for gifts made prior to

August 6, 1997.

Under section 2504(c) as amended by

the 1997 and 1998 Acts, if a gift was adequately disclosed such that the time has

expired for assessing gift tax for a preceding calendar period under section 6501,

then the value of such gift made in the

prior calendar period cannot be adjusted

(regardless of whether or not a gift tax has

been assessed or paid for a prior calendar

period). Rather, the value of the gift is the

value as finally determined for gift tax

1999–12 I.R.B.

purposes, as defined in section 2001(f). A

similar rule applies with respect to any increase in taxable gifts required under section 2701(d) (pertaining to the transfer of

applicable retained interests under section

2701).

Section 2504(c) applies only to adjustments involving issues of valuation.

Thus, even after the 1997 and 1998

amendments to section 2504(c), adjustments to prior taxable gifts may be made

if the adjustment is not related to the valuation of the gift; e.g., the erroneous inclusion or exclusion of property for gift tax

purposes. See Rev. Rul. 76–451 (1976–2

C.B. 304). This result is consistent with

the legislative history to the 1997 Act

which emphasizes that the statutory

change imposes a prohibition on revaluing certain gifts. The House Committee

report states that a gift for which the limitations period has passed cannot be revalued for purposes of determining the applicable estate tax bracket and available

unified credit. H.R. Rep. No. 148, 105th

Cong., 1st Sess. 359 (1997).

The proposed regulations conform the

regulations to the new statutory rules for

gift tax returns filed after the regulations

are published as final regulations. In the

interim period, the statutory provisions

apply.

Valuation of Prior Gifts for Estate Tax

Purposes

Prior to the enactment of the 1997 and

1998 Acts, there was no estate tax provision corresponding to section 2504(c).

Therefore, even where the period of assessment expired for a calendar period,

and gift tax was paid or assessed for that

period, the value of any gifts made in that

period could be adjusted for purposes of

determining the estate tax liability. The

statutory change and these proposed regulations preserve that treatment for gifts

made prior to August 6, 1997.

Section 2001(f) was added by the 1997

Act and amended by the 1998 Act. Under

section 2001(f) as amended, if the time

has expired for assessing gift tax for a

preceding calendar period under section

6501, then the value of the gift, for purposes of computing the estate tax liability,

is the value of the gift as finally determined for gift tax purposes. A similar

rule applies for any increase in taxable

gifts required under section 2701(d).

27

Under the statute, the value of a gift is finally determined if: the value is shown

on a gift tax return and the IRS does not

contest the value before the period for assessing gift tax expires; or, before the period for assessing gift tax expires, the

value is specified by the IRS and the taxpayer does not contest the specified value;

or, the value is determined by a court or

pursuant to a settlement agreement between the taxpayer and the IRS.

As discussed above, the provision only

limits the IRS’ ability to make adjustments related to the value of a gift. Thus,

the IRS is not precluded from making adjustments that are not related to value,

such as the erroneous inclusion or exclusion of property for gift tax purposes.

The proposed regulations conform the

current regulations to the statutory change

for gift tax returns filed after the regulations are published as final regulations.

In the interim period, the statutory provisions apply.

Special Analyses

It has been determined that this notice

of proposed rulemaking 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 these regulations do

not impose a collection of information on

small entities, the Regulatory Flexibility

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

Therefore, a Regulatory Flexibility

Analysis is not required. Pursuant to section 7805(f) of the Internal Revenue

Code, this notice of proposed rulemaking

will be submitted to the Small Business

Administration for comment on their impact on small business.

Comment and Public Hearing

Before these proposed regulations are

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

(8) copies) that are timely submitted to

the IRS. The IRS and Treasury specifically request comments on the clarity of

the proposed regulations and how it may

be made easier to understand. All comments will be available for public inspection and copying.

March 22, 1999

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A public hearing has been scheduled for

Wednesday, April 28, 1999, 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 (a signed original and eight (8) copies) by Wednesday,

April 7, 1999.

A period of 10 minutes will be allocated 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 regulations is William L. Blodgett, Office of Assistant Chief Counsel (Passthroughs and

Special Industries), IRS. 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 * * *

March 22, 1999

Par. 2. Section 20.2001–1 is revised to

read as follows:

§20.2001–1 Valuation of adjusted

taxable gifts and section 2701(d) taxable

events.

(a) Adjusted taxable gifts made prior

to August 6, 1997. For purposes of determining the value of adjusted taxable gifts

as defined in section 2001(b), if the gift

was made prior to August 6, 1997, the

value of the gift may be adjusted at any

time, even if the time within which a gift

tax may be assessed has expired under

section 6501. This paragraph (a) also applies to adjustments involving issues

other than valuation.

(b) Adjusted taxable gifts and section

2701(d) taxable events occurring after

August 5, 1997. For purposes of determining the value of adjusted taxable gifts

as defined in section 2001(b), if, under

section 6501, the time has expired within

which a gift tax may be assessed under

chapter 12 of the Internal Revenue Code

(or under corresponding provisions of

prior laws) with respect to a gift made

after August 5, 1997, and during a preceding calendar period (as defined in

§25.2502–1(c)(2) of this chapter), or with

respect to an increase in taxable gifts required under section 2701(d) and

§25.2701–4 of this chapter, then the value

of the gift will be the value as finally determined for gift tax purposes under chapter 12 of the Internal Revenue Code. This

paragraph (b) does not apply to adjustments involving issues other than valuation. See §25.2504–1(d) of this chapter.

(c) Finally determined. For purposes

of paragraph (a) of this section, the value

of a gift is finally determined for gift tax

purposes if—

(1) The value is shown on a gift tax return, or on a statement attached to the return, and the Internal Revenue Service

does not contest the value before the time

has expired under section 6501 within

which gift taxes may be assessed;

(2) The value is specified by the Internal Revenue Service before the time has

expired under section 6501 within which

gift taxes may be assessed on the gift and

such specified value is not timely contested by the taxpayer;

(3) The value is finally determined by a

court of competent jurisdiction; or

28

(4) The value is determined pursuant to

a settlement agreement entered into between the taxpayer and the Internal Revenue Service.

(d) Definitions. For purposes of paragraph (b) of this section, the value is finally determined by a court of competent

jurisdiction when the court enters a final

decision, judgment, decree or other order

passing on the valuation that is not subject

to appeal. See, for example, section 7481

regarding the finality of a decision by the

U.S. Tax Court. Also, for purposes of

paragraph (b) of this section, a settlement

agreement means any agreement entered

into by the Internal Revenue Service and

the taxpayer that is binding on both. The

term includes a closing agreement under

section 7121, a compromise under section

7122, and an agreement entered into in

settlement of litigation involving a valuation issue.

(e) Expiration of period of assessment.

For purposes of determining if the time

has expired within which a tax may be assessed under chapter 12 of the Internal

Revenue Code, see §301.6501(c)-1(e)

and (f) of this chapter.

(f) Examples. The following examples

illustrate the rules of this section:

Example 1. (i) Facts. A owns Blackacre and B,

A’s child, owns Whiteacre. In 1999, A and B exchange ownership of these properties. On A’s federal

gift tax return, Form 709, for the 1999 calendar year,

the transfer of Blackacre to B is adequately disclosed

under §301.6501(c)–1(f)(2) of this chapter. A reports

the transfer as nontaxable, representing that the fair

market values of Whiteacre and Blackacre, at the

time of the transfer, were equal. A dies after the period of assessment for the transfer has expired.

(ii) Application of the rule limiting adjustments to

valuation issues. The fair market values of Blackacre and Whiteacre at the time of the transfer are

valuation issues. Because A filed the return adequately disclosing the transfer, the period of assessment with respect to A’s transfer has expired,

notwithstanding the fact that no gift tax return was

required to be filed. Therefore, the Internal Revenue

Service is precluded from revaluing Blackacre and

Whiteacre in determining the amount of A’s adjusted

taxable gifts in computing A’s estate tax liability.

Example 2. (i) Facts. In 1999, A transfers stock

in a closely-held corporation to an irrevocable trust.

Under the terms of the trust, the trustee has the discretion to accumulate trust net income or distribute

it among A’s children. At A’s death, the trust is to

terminate and the trust corpus is to be paid to A’s

surviving issue. On A’s federal gift tax return, Form

709, filed for the 1999 calendar year, the transfer is

adequately disclosed under §301.6501(c)–1(f)(2) of

this chapter. A claims an annual exclusion under

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Page 29

section 2503(b) for the transfer. A dies after the period of assessment for the transfer has expired.

(ii) Application of the rule limiting adjustments to

valuation issues. Because the period of assessment

has closed on the transfer due to adequate disclosure, the Internal Revenue Service is precluded from

revaluing the transferred stock for purposes of assessing gift tax. Therefore, the value of the transfer

as reported on A’s 1999 Federal gift tax return may

not be redetermined for purposes of determining A’s

adjusted taxable gifts. However, the applicability of

the annual exclusion to the transfer is a question of

law and not of valuation. Accordingly, although the

Internal Revenue Service may not assess or collect

additional gift tax on the 1999 transfer (because the

period of assessment has closed), the Internal Revenue Service is not precluded from challenging the

annual exclusion claimed by A for purposes of determining A’s adjusted taxable gifts in computing the

estate tax liability.

(g) Effective dates. Paragraph (a) of

this section applies to transfers of property by gift made prior to August 6, 1997,

if the estate tax return for the donor/decedent’s estate is filed after this document is

published as a final regulation in the Federal Register. Paragraphs (b) through (f)

of this section apply to transfers of property by gift made after August 5, 1997, if

the gift tax return for the calendar period

in which the gift is made is filed after this

document is published as a final regulation in the Federal Register.

PART 25—GIFT TAX; GIFTS MADE

AFTER DECEMBER 31, 1954

Par. 3. The authority citation for part

25 continues to read in part as follows:

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

Par. 4. Section 25.2504–2 is revised to

read as follows:

§25.2504–2 Valuation of certain gifts for

preceding calendar periods.

(a) Gifts made before August 6, 1997.

If the time has expired within which a tax

may be assessed under chapter 12 of the

Internal Revenue Code (or under corresponding provisions of prior laws) on the

transfer of property by gift made during a

preceding calendar period, as defined in

§25.2502–1(c)(2), the gift was made prior

to August 6, 1997, and a tax has been assessed or paid for such prior calendar period, the value of the gift, for purposes of

arriving at the correct amount of the taxable gifts for the preceding calendar periods (as defined under §25.2504–1(a)), is

the value used in computing the tax for

the last preceding calendar period for

1999–12 I.R.B.

which a tax was assessed or paid under

chapter 12 of the Internal Revenue Code

or the corresponding provisions of prior

laws. However, this rule does not apply

where no tax was paid or assessed for the

prior calendar period. Furthermore, this

rule does not apply to adjustments involving issues other than valuation. See

§25.2504–(d).

(b) Gifts made or section 2701(d) taxable events occurring after August 5,

1997. If the time has expired under section 6501 within which a gift tax may be

assessed under chapter 12 of the Internal

Revenue Code (or under corresponding

provisions of prior laws) on the transfer of

property by gift made during a preceding

calendar period, as defined in §25.2502–

1(c)(2), or with respect to an increase in

taxable gifts required under section

2701(d) and §25.2701–4, and the gift was

made, or the section 2701(d) taxable

event occurred, after August 5, 1997, the

value of the gift or the amount of the increase in taxable gifts, for purposes of determining the correct amount of taxable

gifts for the preceding calendar periods

(as defined in §25.2504–1(a)), is the value

that is finally determined for gift tax purposes (within the meaning of §20.2001–

1(c) of this chapter). This rule does not

apply to adjustments involving issues

other than valuation. See §25.2504–1(d).

For an illustration of this rule, see the examples under §20.2001–1(f) of this chapter. For purposes of determining if the

time has expired within which a gift tax

may be assessed, see §301.6501(c)–1(e)

and (f) of this chapter.

(c) Example. The following example

illustrates the rules of paragraphs (a) and

(b) of this section:

Example. (i) Facts. In 1996, A transfers closelyheld stock to B, A’s child. A timely filed a federal

gift tax return reporting the 1996 transfer to B. No

gift tax was assessed or paid as a result of application of A’s available unified credit. In 1999, A transfers additional closely-held stock to B. A’s federal

gift tax return reporting the 1999 transfer is timely

filed and the transfer is adequately disclosed under

§301.6501(c)-1(f)(2) of this chapter. In 2003, A

transfers additional property to B and timely files a

federal gift tax return reporting the gift.

(ii) Application of the rule limiting adjustments

to valuation of prior gifts. Under section 2504(c), in

determining A’s 2003 gift tax liability, the value of

A’s 1996 gift can be adjusted for purposes of computing the value of prior taxable gifts, since that gift

was made prior to August 6, 1997, and therefore, the

provisions of paragraph (a) of this section apply.

29

However, A’s 1999 transfer was adequately disclosed on a timely filed gift tax return and, thus,

under §25.2504-1(b), the value of the 1999 gift by A

may not be adjusted for purposes of computing the

value of prior taxable gifts in determining A’s 2003

gift tax liability.

(d) Effective dates. Paragraph (a) of

this section applies to transfers of property by gift made prior to August 6, 1997.

Paragraphs (b) and (c) of this section

apply to transfers of property by gift made

after August 5, 1997, if the gift tax return

for the calendar period in which the transfer is reported is filed after this document

is published as a final regulation in the

Federal Register.

PART 301—PROCEDURE AND

ADMINISTRATION

Par. 5. The authority citation for part

301 continues to read in part as follows:

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

Par. 6. Section 301.6501(c)-1 is

amended by:

1. Revising the heading to paragraph

(e).

2. Adding paragraph (f).

The revision and addition reads as follows:

§301.6501(c)–1 Exceptions to general

period of limitations on assessment and

collection.

* * * * *

(e) Gifts subject to chapter 14 of the Internal Revenue Code not adequately disclosed on the return—

* * * * *

(f) Gifts made after August 5, 1997, not

adequately disclosed on the return—(1)

In general. If a transfer of property, other

than a transfer described in paragraph (e)

of this section, is not adequately disclosed

on a gift tax return (Form 709 United

States Gift (and Generation-Skipping

Transfer) Tax Return) filed for the calendar period in which the transfer occurs,

then any gift tax imposed by chapter 12 of

subtitle B of the Internal Revenue Code

on the transfer may be assessed, or a proceeding in court for the collection of the

appropriate tax may be begun without assessment, at any time.

(2) Adequate disclosure of transfers of

property reported as gifts. A transfer will

be adequately disclosed on the return only

March 22, 1999

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Page 30

if it is reported in a manner adequate to

apprise the Internal Revenue Service of

the nature of the gift and the basis for the

value so reported. Transfers reported on

the gift tax return as transfers of property

by gift will be considered adequately disclosed under this paragraph (f) only if the

return provides a complete and accurate

description of the transaction including—

(i) A description of the transferred

property and any consideration received

by the transferor;

(ii) The identity of, and relationship

between, the transferor and the transferee;

(iii) A detailed description of the

method used to determine the fair market

value of property transferred, including

any relevant financial data and a description of any discounts, such as discounts

for blockage, minority or fractional interests, and lack of marketability, claimed in

valuing the property. In the case of the

transfer of an interest in an entity (e.g., a

corporation or partnership) that is not actively traded, a description of any discount claimed in valuing the entity or any

assets owned by such entity, including a

statement regarding the fair market value

of 100 percent of the entity (determined

without regard to any discounts in valuing

the entity or any assets owned by the entity), the pro rata portion of the entity subject to the transfer, and the fair market

value of the transferred interest as reported on the return. If the entity that is

the subject of the transfer owns an interest

in another non-actively traded entity (either directly or through ownership of an

entity), the information required in this

paragraph (f)(2)(iii) must be provided for

each entity and the assets owned by each

entity;

(iv) If the property is transferred in

trust, the trust’s tax identification number

and a brief description of the terms of the

trust;

(v) Any restrictions on the transferred

property that were considered in determining the fair market value of the property; and

(vi) A statement of the relevant facts

affecting the gift tax treatment of the

transfer that reasonably may be expected

to apprise the Internal Revenue Service of

the nature of any potential controversy

concerning the gift tax treatment of the

transfer, or in lieu of this statement, a concise description of the legal issue pre-

March 22, 1999

sented by the facts. In addition, a statement describing any position taken that is

contrary to any temporary or final Treasury regulations or revenue rulings.

(3) Adequate disclosure of non-gift

completed transfers or transactions.

Completed transfers, all or a portion of

which are reported as not constituting a

transfer by gift (for example, a transaction

in the ordinary course of business), will

be considered adequately disclosed under

this paragraph (f) only if the following information is provided on or attached to

the return—

(i) The information required for adequate disclosure under paragraph (f)(2) of

this section; and

(ii) An explanation as to why the transfer is not a transfer by gift under chapter

12 of the Internal Revenue Code.

(4) Adequate disclosure of incomplete

transfers. Adequate disclosure of a transfer that is reported as a completed gift on

the gift tax return will commence the running of the statute of limitations for assessment of gift tax on the transfer, even

if the transfer is ultimately determined to

be an incomplete gift for purposes of

§25.2511–2 of this chapter. For example,

if an incomplete gift is reported as a completed gift on the gift tax return and is adequately disclosed, the period for assessment of the gift tax will begin running

when the return is filed, as determined

under section 6501(b). On the other hand,

if the transfer is reported as an incomplete

gift and adequately disclosed, the period

for assessing a gift tax with respect to the

transfer will not commence to run even if

the transfer is ultimately determined to be

a completed gift. In that situation, the gift

tax with respect to the transfer may be assessed at any time, up until three years

after the donor files a return reporting the

transfer as a completed gift.

(5) Examples. The following examples

illustrate the rules of this paragraph (f):

Example 1. (i) Facts. In 1999, A transfers 100

shares of common stock of XYZ Corporation to A’s

child. The common stock of XYZ Corporation is

actively traded on a major stock exchange. For gift

tax purposes, the fair market value of one share of

XYZ common stock on the date of the transfer, determined in accordance with §25.2512-2(b) of this

chapter (based on the mean between the highest and

lowest quoted selling prices), is $150.00. On A’s

federal gift tax return, Form 709, for the 1999 calendar year, A reports the gift as 100 shares of common

stock of XYZ Corporation with a value for gift tax

30

purposes of $15,000. A specifies the date of the

transfer, recites that the stock is publicly traded, and

identifies the stock exchange on which the stock is

traded.

(ii) Application of the adequate disclosure standard. A has adequately disclosed the transfer.

Therefore, the period of assessment for the transfer

under section 6501 will run from the time the return

is filed (as determined under section 6501(b)).

Example 2. (i) Facts. On December 30, 1999, A

transferred closely-held stock to B, A’s child. A determined that the value of the transferred stock, on

December 30, 1999, was $9,000. A made no other

transfers to B, or any other donee, during 1999. On

A’s federal gift tax return, Form 709, filed for the

1999 calendar year, A provides the information required under paragraph (f)(2) of this section (including the method used to determine the fair market

value of the stock and a description of discounts

claimed) such that the transfer is adequately disclosed. A claims an annual exclusion under section

2503(b) for the transfer.

(ii) Application of the adequate disclosure standard. Because the transfer was adequately disclosed

under paragraph (f)(2) of this section, the period of

assessment for the transfer will expire as prescribed

by section 6501(b), notwithstanding that if A’s valuation of the closely-held stock was correct, A was

not required to file a gift tax return reporting the

transfer under section 6019. After the period of assessment has expired on the transfer, the Internal

Revenue Service is precluded from revaluing the

transferred stock for purposes of assessing gift tax or

for purposes of determining the estate tax liability.

Therefore, the value of the transfer as reported on

A’s 1999 federal gift tax return may not be redetermined for purposes of determining A’s prior taxable

gifts (for gift tax purposes) or A’s adjusted taxable

gifts (for estate tax purposes).

Example 3. (i) Facts. A owns 100 percent of the

common stock of X, a closely-held corporation. X

does not hold an interest in any other entity that is

not actively traded. In 1999, A transfers 20 percent

of the X stock to B and C, A’s children, in a transfer

that is not subject to the special valuation rules of

section 2701. The transfer is made outright with no

restrictions on ownership rights, including voting

rights and the right to transfer the stock. The reported value of the transferred stock incorporates the

use of minority discounts and lack of marketability

discounts. No other discounts were used in arriving

at the fair market value of the transferred stock or

any assets owned by X. A reports the transfer on a

federal gift tax return, Form 709, for the 1999 calendar year. On the return, A provides a statement reporting the fair market value of 100 percent of X

(before taking into account any discounts), the pro

rata portion of X subject to the transfer, and the reported value of the transfer. A also attaches a statement regarding the determination of value that includes a discussion of the discounts claimed and

how the discounts were determined.

(ii) Application of the adequate disclosure standard. A has provided sufficient information such

that the transfer will be considered adequately disclosed and the period of assessment for the transfer

under section 6501 will run from the time the return

is filed (as determined under section 6501(b)).

Example 4. (i) Facts. A owns a 70 percent limited partnership interest in PS. PS owns 40 percent

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of the stock in X, a closely-held corporation. The assets of X include a 50 percent general partnership interest in PB. PB owns an interest in commercial real

property. None of the entities (PS, X, or PB) is actively traded. In 1999, A transfers a 25 percent limited partnership interest in PS to B, A’s child. On the

federal gift tax return, Form 709, filed for the 1999

calendar year, A reports the transfer of the 25 percent

limited partnership interest in PS and that the fair

market value of 100 percent of PS is $y and that the

value of 25 percent of PS is $z, reflecting marketability and minority discounts with respect to the 25 percent interest. However, A does not disclose that PS

owns 40 percent of X, and that X owns 50 percent of

PB and that, in arriving at the $y fair market value of

100 percent of PS, discounts were claimed in valuing

PS’s interest in X, X’s interest in PB, and PB’s interest in the commercial real property.

(ii) Application of the adequate disclosure standard. Because A has failed to comply with requirements of paragraph (f)(2) of this section regarding

PS’s interest in X, X’s interest in PB, and PB’s interest in the commercial real property, the transfer will

not be considered adequately disclosed and the period of assessment for the transfer under section

6501 will remain open indefinitely.

(6) Effective date. This paragraph (f)

is applicable to gifts made in calendar

years ending after August 5, 1997, if the

gift tax return for such calendar year is

filed after this document is published as a

final regulation in the Federal Register.

Robert E. Wenzel,

Deputy Commissioner of

Internal Revenue.

(Filed by the Office of the Federal Register on December 21, 1998, 8:45 a.m., and published in the

issue of the Federal Register for December 22, 1998,

63 F.R. 70701)

Notice of Proposed Rulemaking

Retention of Income Tax Return

Preparers’ Signatures

REG–106386–98

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Notice of proposed rulemaking

by cross-reference to temporary regulations.

SUMMARY: In T.D. 8803, page 15, the

IRS is issuing temporary regulations relating to the retention of income tax return

preparers’ signatures. The text of those

temporary regulations also serves as the

text of these proposed regulations.

1999–12 I.R.B.

DATES: Written comments and requests

for a public hearing must be received by

March 31, 1999. The IRS and Treasury

Department request comments on the

clarity of the proposed rules and how they

can be made easier to understand.

ADDRESSES: Send submissions to:

CC:DOM:CORP:R (REG–106386–98),

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–106386–98),

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.

FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Marc

C. Porter, (202) 622-4940; concerning

submissions, LaNita Van Dyke, (202)

622-7190 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background

Temporary regulations in T.D. 8803

amend Income Tax Regulations (26 CFR

part 1) under section 6695(b) of the Internal Revenue Code. These regulations require an income tax return preparer to

keep a manually signed (by the preparer)

copy of a return or claim for refund if the

preparer presented to the taxpayer for signature a return or claim with a copy of the

preparer’s manual signature.

The text of those temporary regulations

also serves as the text of these proposed

regulations. The preamble to the temporary regulations explains the temporary

regulations.

Special Analyses

It has been determined that this notice

of proposed rulemaking is not a significant regulatory action as defined in EO

12866. Therefore, a regulatory assessment is not required. It has also been determined that section 553(b) of the Ad-

31

ministrative 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.

Proposed Effective Date

The proposed regulations are proposed

to be effective for returns or claims for refund presented to a taxpayer for signature

after December 31, 1998 and for returns

or claims retained on or before that date.

Comments and Requests for a Public

Hearing

Before these proposed regulations are

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

are submitted timely to the IRS. All comments will be available for public inspection and copying. A public hearing may

be scheduled if requested in writing by

any person that timely submits written

comments. If a public hearing is scheduled, notice of the date, time, and place

for the hearing will be published in the

Federal Register.

Drafting Information

The principal author of these regulations is Marc C. Porter, Office of Assistant Chief Counsel (Income Tax & Accounting). However, other personnel

from the IRS and Treasury Department

participated in its development.

* * * * *

Proposed Amendments to the Regulations

Accordingly, 26 CFR part 1 is proposed to be amended as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation for

part 1 continues to read in part as follows:

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

Par. 2. Section 1.6695–1 is amended

by:

March 22, 1999

IRB 1999-12

3/17/99 12:40 PM

Page 32

1. Revising paragraph (b)(4)(i).

2. Adding paragraph (g).

The revision and addition read as follows:

§1.6695–1 Other assessable penalties

with respect to the preparation of income

tax returns for other persons.

* * * * *

(b) * * *

(4)(i) [The text of proposed paragraph

(b)(4)(i) is the same as the text of

§1.6695–1T(b)(4)(i) published in T.D.

8803.]

* * * * *

(g) [The text proposed paragraph (g) is

the same as the text of §1.6695–1T(g)

published in T.D. 8803.]

Robert E. Wenzel,

Deputy Commissioner of

Internal Revenue.

(Filed by the Office of the Federal Register on December 30, 1998, 8:45 a.m., and published in the

issue of the Federal Register for December 31, 1998,

63 F.R. 72218)

Foundations Status of Certain

Organizations

Announcement 99–22

The following organizations have

failed to establish or have been unable to

maintain their status as public charities or

as operating foundations. Accordingly,

grantors and contributors may not, after

this date, rely on previous rulings or designations in the Cumulative List of Organizations (Publication 78), or on the presumption arising from the filing of notices

under section 508(b) of the Code. This

listing does not indicate that the organizations have lost their status as organizations described in section 501(c)(3), eligible to receive deductible contributions.

Former Public Charities. The following

organizations (which have been treated as

organizations that are not private foundations described in section 509(a) of the

Code) are now classified as private foundations:

L I Science and Engineering fair Inc.,

East Setauket, NY

La Alma Lincoln Park Neighborhood

Organization Inc., Denver, CO

March 22, 1999

La Charitable Organization Alliance Inc.,

Metairie, LA

Lanier Retirement Community, Inc.,

Gainesville, GA

Lansing Neighborhood Housing

Corporation, Lansing, MI

La Porte County Juvenile Service Center

Task Force Inc., LaPorte, IN

La Raza Lawyers Institute, Sacramento,

CA

The Last Harvest Inc., Irvine, CA

La Vida-2 Inc., Rochester, NY

La Vivienda Housing Development

Corporation, Chicago, IL

Labor-Environmental Solidarity

Network, Portland, OR

Lackawanna County Medical Society

Health Care Fund, Scranton, PA

Lady Boston Inc., Charlestown, MA

Lahoma Community Park Association,

Lahoma, OK

Lake Cinderella Improvement

Committee, Spring, TX

Lake County Minority Healty Coalition

Inc., East Chicago, IN

Lake Erie Native American Council Inc.,

Cleveland, OH

Lake Neatahwanta Reclamation

Committee Inc., Fulton, NY

Lake Ontario Youth Athletic League Inc.,

Medina, NY

Lake St. Louis Golf Charities Inc., Lake

St. Louis, MO

Lake Toxaway Community Club, Lake

Toxaway, NC

Lakeland Rebounders Inc., Lakeland, FL

Lakewood Works for Disabled Too,

Lakewood, OH

Laotian American Organized Support,

Fountain Valley, CA

Larimer Land Trust, Loveland, CO

Larose Institution for Development,

Kalamazoo, MI

Las Vegas Valley Fire Fighters

Association, Las Vegas, NV

Lathika International Film &

Entertainment Inc., Virginia Beach, VA

Latin American Mission Programs &

Publishing, National City, CA

Latin World Ministries Inc., Austin, TX

Latino Empowerment Association of

Delmarva – Lead, Dover, DE

Laura Lagrotteria Jill Sawyer Christy

Stevens Michael Gallo, Niantic, CT

Lauravetlan Foundation Inc., New York,

NY

Laurinburg Community Economic Action

Program Inc., Lauringburg, NC

32

Lawrence Bud Kern Trust Fund Inc.,

Somers Point, NJ

Lawyers for Affordable Housing Inc.,

Dallas, TX

Lay Ministry to Missions Inc., Arlington,

TX

Lay Missionaries of the Blessed

Sacrament, Dayton, OH

LDS International Student Exchange,

Weatherford, TX

Le Bayou Legendaire Company, Lake

Charles, LA

Lead or Leave Education Fund,

Washington, DC

Leadership Lindsay, Lindsay, CA

League of Benefactors for Childrens

Activities Inc., Guthrie, OK

League of Volunteers Association,

Fairfax, VA

Learning Lab Inc., Okemah, OK

Learning Parent Inc., Houston, TX

Learning S Way, Manchester, NH

Lee Guardianship Services Inc., Fort

Myers, FL

Leon-Wakulla County Community

Housing & Development Agency Inc.,

Tallahassee, FL

Leonard Music Institute of Texas Inc.,

Fort Worth, TX

Leroy Christian Youth Centre Inc., Leroy,

KS

Let Live Inc., Baltimore, MD

Life Inc., Lafayette, LA

Leva Tatidar Samaj Inc. USA, Waltham,

MA

Lewisburg Area Community Center Inc.,

Lewisburg, PA

Liberty Glass Company Foundation Inc.,

Sapulpa, OK

Liberty Park USA Foundation, Colorado

Springs, CO

Libraries Worl-Wide Inc., Weston, MO

Life Center Foundation Inc., Key West,

FL

Life-Flite Corporation, Miami, FL

Life From Life Mid-Iowa Transplant

Support Group, Des Moines, IA

Life Harvest, Hersey, MI

Life Involves New Connections Inc.,

Rockville, Centre, NY

Life Long Learning Center Inc.,

Southampton, PA

Life Out Reach Development Center,

Oregonia, OH

Lifechange Ministries Inc., Fort Mill, SC

Lifeline a Mental Retardation

Partnership, Washington, DC

Lifeline Institute Inc., Dale city, VA

1999–12 I.R.B.

IRB 1999-12

3/17/99 12:40 PM

Page 33

Lifestream Ministries Inc., Brentwood,

TN

Lifta Society, Dallas, TX

Lighthouse Maternity Services, Oxford,

OH

Lighthouse Restoration Center, Castle

Hayne, NC

Lighthouse of the Virginian Sea, Louisa,

VA

Lincoln Avenue Community

Development Corporation Inc.,

Evansville, IN

Lindale Historical Society, Tyler, TX

Linden Ladies Auxiliary Inc., Linden, NC

Linesville Community Public Library

Inc., Linesville, PA

Link Community Inc., Philadelphia, PA

Link to Life Network Inc., New York,

NY

Linton Teen Center Inc., Linton, IN

Lionel Washingtons River Parishes Pro

Football Camp, Lutcher, LA

Listen to Me Inc., Baltimore, MD

Literacy Council of Colorado County

Inc., Columbus, TX

Lithuanian-American Historical Aviation

Society, Grand Rapids, MI

Little Frontier Inc., E Amherst, NY

Little Hand Charities Inc., New Port

Richey, FL

Little River Community Complex Inc.,

Durham, NC

Live Eyes Theatre Company Inc., New

York, NY

Live Foundation Inc., New Orleans, LA

Livermore Fire Department Inc.,

Livermore, CO

Livernois-Seven Mile Non-Profit

Housing Corporation, Detroit, MI

Living Climb Organization Inc., New

York, NY

Living Stones Fellowship Inc., Hixson,

TN

Living Tradition, Garden Grove, CA

Living Well Foundation, Dallas, TX

Living Word Explorations, Arriba, CO

Lo Society Branch of Wisconsin Inc.,

Oshkosh, WI

Lodgistics Interim Homes for Homeless

Veterans, Corpus Christi, TX

Lombard Orioles Baseball Club,

Lombard, IL

Long Island for Education Center Inc.,

Farmingdale, NY

Long Island Maritime Heritage Society

Inc., Riverhead, NY

Lou Brock Scholarship Foundation Inc.,

St. Louis, MO

1999–12 I.R.B.

Loudoun Families for Children,

Leesburg, VA

Louisiana Air National Guard

Community, New Orleans, LA

Louisiana for Low-Income Housing

Today Incorporated, New Orleans, LA

Louisiana League of Anglers, Marrero,

LA

Louisiana Mico Enterprise Development

Corporation, Monroe, LA

Louisianas Absolute Pitch Inc., Baton

Rouge, LA

Love & Action Midwest Inc.,

Mt. Prospect, IL

Love All Tennis Patrons Incorporated Not

for Profit, East Chicago, IN

Love and Hope Inc., Lynwood, CA

Love in Christ Foundation Incorporated,

Grand Prairie, TX

Love Inc. Anchorage, Anchorage, AK

Love Nutrition Program, Houston, TX

Love Our Kids Inc., Houston, TX

Love Santa Inc., Woodburn, OR

Loving Arms, Memphis, TN

Loving Hands Adult Day Program,

Bellefontaine, OH

Loving Hands Ministries Inc.,

Birmingham, AL

Loving Options, San Bernardino, CA

Lower Richland Community Care Center

Inc., Columbia, SC

LPS Ministry Inc., Folly Beach, SC

Lt. Eddie Kitchen Jr Foundation,

Natchez, MS

Lulac National Civil Rights Commission

Inc., Lubbock, TX

Luso American Social and Cultural

Center Inc., Providence, RI

Luther Village of Tampa Bay Inc.,

Tampa, FL

Lyme Disease Coalition of Minnesota,

Roseville, MN

Lyon County Girls Club Incorporated,

Kuttawa, KY

Lyons Community Association, Stilwell,

OK

Lyons Parent-Teacher Organization Inc.,

Randolph, MA

Lyric Opera of Erie Inc., Erie, PA

Lytal Aquatic Foundation Inc., Palm

Beach, FL

Maasai Nation, Inc., Atlanta, GA

Maine Immigration Advocacy Project,

Portland, ME

Merchants Foundation, Inc., Homestead,

PA

Midwest Childrens Theatre, Inc.,

Kenosha, WI

33

Mon County Housing Development

Corporation, Morgantown, WV

The Moreno Valley Arts Association,

Moreno Valley, CA

National Aquatic Foundation, Naperville,

IL

The National Jazz Hall of Fame and

Museum, Inc., Pittsburgh, PA

New Directions Community

Improvement Corp., Ravenna, OH

Northwest Florida Spinal Cord Injury

Council, Inc., Pensacola, FL

North Iowa Alliance for the Mentally Ill,

Mason City, IA

Ohio Jujitsu, Stow, OH

Operation Unity, Los Angeles, CA

Orange County Cocaine Anonymous,

Costa Mesa, CA

Outreach Ministries of the Greater New

Zion Missionary Baptist Church,

Los Angeles, CA

Oregon Horse Rescue, Eugene, OR

Pandora Playground, Inc., Pandora, OH

Paul Emerick Vocational Education

Foundation, Wilsonville, OR

Personal Physician Cave of Ohio, Inc.,

Cleveland, OH

Petersburg-Newburg Improvement

Association, Inc., Louisville, KY

PHS Community Development

Corporation, Detroit, MI

Pineland Early Learning Center, Inc.,

Pineland, TX

Pinnah Eben Ministries, Lawrenceville,

GA

Portland Metro Mens Council, Portland,

OR

Project Youth Life Skills Center,

Las Vegas, NV

Puritan Community Outreach, Baton

Rouge, LA

Puyallup Schools Foundation, Puyallup,

WA

Rivercrest Community Church Inc.,

Crescent Springs, KY

San Antonio Leadership Foundation,

San Antonio, TX

San Antonio Retired Educators

Foundation Inc., San Antonio, TX

San Joaquin County Bar Foundation,

Stockton, CA

San Quentin Productions, San Rafael, CA

Scuppernong Vision & Action, Creswell,

NC

Sea Ministries Charit Tr, Minonk, IL

Seenet, Charlottesville, VA

Shelter From Darkness Ministries,

Oroville, WA

March 22, 1999

IRB 1999-12

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Page 34

Shepherds Field, Mobile, AL

The Shiloh Community Services

Foundation, Sacramento, CA

Shriners Hospital for Crippled Children

Tr 2225, Boston, MA

Silver Lake Community Development

Corporation, Silver Lake, OR

The Simeon Institute, Claremont, CA

Smiles Learning Center, Inc., Starkville,

MS

Sonshine Sanctuary, Bellingham, WA

South Florida Aerospace Scholarship

Corporation, Miami, FL

Southern Housing Restoration &

Development, Inc., Atlanta,

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

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

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