Bulletin No. 1998–28

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July 13, 1998

Internal Revenue

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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.

EMPLOYEE PLANS

EXCISE TAX

T.D. 8769, page 4.

Announcement 98–57, page 11.

Final regulations under section 411(d) of the Code permit

taxpayers to amend qualified plans or other employee pension benefit plans to eliminate plan provisions for benefit distributions before retirement but after age 701⁄2 if certain conditions are satisfied.

This announcement provides additional excise tax changes

made by the Taxpayer Relief Act of 1997 by imposing a tax

and a floor stocks tax on kerosene. The announcement also

provides a replacement rate table for claims, procedure for

filing claims for kerosene, and a reminder of delayed deposit

rules for 1998.

Rev. Proc. 98–42, page 9.

Announcement 98–65, page 14.

Minimum funding standards and limitations on deductions; retroactive amendment of money purchase pension plan. This procedure provides guidance regarding the

application of the minimum funding standards of section 412

of the Code and the limitations on deductions under section

404 of the Code to retroactive plan amendments of qualified

money purchase pension plans, which relate to changes in

the plan qualification requirements made by the Uruguay

Round Agreements Act, the Small Business Job Protection

Act of 1996, and the Taxpayer Relief Act of 1997.

Announcement 98–63, page 12.

REG–209463–82, 1998–4 I.R.B. 27, which amended the

existing proposed regulations that make changes to the

rules that apply if a trust is named as a beneficiary of an employee’s benefit under a retirement plan, is corrected.

EXEMPT ORGANIZATIONS

Announcement 98–67, page 15.

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

Finding Lists begin on page 19.

Department of the Treasury

Internal Revenue Service

T.D. 8748, 1998–8 I.R.B. 24, relating to gasoline and diesel

fuel excise tax, is corrected.

ADMINISTRATIVE

Announcement 98–58, page 12.

New Form 5305–RB, Roth Individual Retirement Annuity Endorsement, is now available.

Announcement 98–59, page 12.

Announcement 98–47, 1998–23 I.R.B. 5, providing supplemental tables of income tax rates and exempt personal service income under new income tax treaties and protocols, is

corrected.

Announcement 98–64, page 14.

T.D. 8739, 1997–51 I.R.B. 8, relating to taxpayer identifying

numbers, is corrected.

Announcement 98–66, page 15.

REG–209276–87, 1998–11 I.R.B. 18, relating to the abatement of interest attributable to unreasonable errors or delays by an officer or employee of the IRS, is corrected.

Mission of the Service

ucts and services; and perform in a manner warranting

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

The purpose of the Internal Revenue Service is to collect

the proper amount of tax revenue at the least cost; serve

the public by continually improving the quality of our prod-

Statement of Principles

of Internal Revenue

Tax Administration

The Service also has the responsibility of applying and

administering the law in a reasonable, practical manner.

Issues should only be raised by examining officers when

they have merit, never arbitrarily or for trading purposes.

At the same time, the examining officer should never hesitate to raise a meritorious issue. It is also important that

care be exercised not to raise an issue or to ask a court to

adopt a position inconsistent with an established Service

position.

The function of the Internal Revenue Service is to administer the Internal Revenue Code. Tax policy for raising revenue

is determined by Congress.

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

policy by correctly applying the laws enacted by Congress;

to determine the reasonable meaning of various Code provisions in light of the Congressional purpose in enacting them;

and to perform this work in a fair and impartial manner, with

neither a government nor a taxpayer point of view.

Administration should be both reasonable and vigorous. It

should be conducted with as little delay as possible and

with great courtesy and considerateness. It should never

try to overreach, and should be reasonable within the

bounds of law and sound administration. It should, however, be vigorous in requiring compliance with law and it

should be relentless in its attack on unreal tax devices and

fraud.

At the heart of administration is interpretation of the Code. It

is the responsibility of each person in the Service, charged

with the duty of interpreting the law, to try to find the true

meaning of the statutory provision and not to adopt a

strained construction in the belief that he or she is “protecting the revenue.” The revenue is properly protected only

when we ascertain and apply the true meaning of the statute.

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 semiannual basis

and are published in the first Bulletin of the succeeding 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.

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

Section 404.—Deduction for

Contributions of an Employer to

an Employee’s Trust or Annuity

Plan and Compensation Under a

Deferred-Payment Plan

A revenue procedure provides guidance regarding the application of the limitations on deductions

under § 404 of the Internal Revenue Code with respect to certain retroactive amendments of qualified

money purchase pension plans. See Rev. Proc.

98–42, page 9.

Section 411.—Minimum Vesting

Standards

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

benefits.

T.D. 8769

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1 and 602

Permitted Elimination of

Preretirement Optional Forms of

Benefit

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Final regulations.

SUMMARY: This document contains

final regulations that permit an amendment to a qualified plan or other employee pension benefit plan that eliminates plan provisions for benefit

distributions before retirement but after

age 701⁄2. These regulations affect employers that maintain qualified plans and

other employee pension benefit plans,

plan administrators of these plans and

participants in these plans.

EFFECTIVE DATE: These regulations

are effective, June 5, 1998.

FOR FURTHER INFORMATION CONTACT: Thomas Foley, (202) 622-6050

(not a toll-free number).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

The collection of information contained in these final regulations has been

July 13, 1998

reviewed and approved by the Office of

Management and Budget in accordance

with the Paperwork Reduction Act of

1995 (44 U.S.C. 3507(d)) under the control number 1545-1545. The collection of

information in these final regulations is in

§1.411(d)–4. Responses to this collection

of information are required in order to obtain a benefit. Specifically, this information is required for a taxpayer who wants

to amend a qualified plan to eliminate certain preretirement optional forms of benefit. This information will be used to determine whether taxpayers have amended

a qualified plan.

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.

The estimated average burden per

recordkeeper for master and prototype

plan employers is 10 minutes. The estimated average burden per recordkeeper

for master and prototype plan sponsors is

30 minutes. The estimated average burden per recordkeeper for employers with

individually designed plans is 30 minutes.

Comments concerning the accuracy of

this burden estimate and suggestions for

reducing this burden should be sent to the

Internal Revenue Service, Attn: IRS

Clearance Officer, OP:FS:FP, Washington, DC 20224, and to the Office of Management and Budget, Attn: Desk Officer for the Department of the Treasury,

Office of Information and Regulatory Affairs, Washington, DC 20503.

Books or records relating to 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.

Background

This document contains amendments to

the Income Tax Regulations (26 CFR part

1) under section 411(d) of the Internal

Revenue Code of 1986. The final regulations permit taxpayers to amend qualified

plans to eliminate plan provisions for benefit distributions before retirement but

after age 701⁄2, if certain conditions are

satisfied.

Section 411(d)(6) generally provides

that a plan will not be treated as satisfying

the requirements of section 411 if the accrued benefit of a participant is decreased

by a plan amendment. Under section

411(d)(6)(B), a plan amendment that

eliminates an optional form of benefit will

be treated as reducing accrued benefits to

the extent that the amendment applies to

benefits accrued as of the later of the

adoption date or the effective date of the

amendment. However, section 411(d)(6)(B) also permits the Secretary to provide in regulations that this rule will not

apply to an amendment that eliminates an

optional form of benefit.

Section 401(a)(9) provides that, in

order for a plan to be qualified under section 401(a), distributions from the plan

must commence no later than the “required beginning date.” Prior to 1997,

section 401(a)(9)(C) generally provided

that the required beginning date is April 1

following the calendar year in which the

employee attains age 701⁄2. Consequently,

in order to satisfy section 401(a)(9), qualified plans, other than certain church and

governmental plans, have provided for

distributions to commence no later than

April 1 following the calendar year that

an employee attains age 701⁄2. These distributions commence without regard to

whether the employee has retired from

employment with the employer maintaining the plan.

Section 1404 of the Small Business Job

Protection Act of 1996, Public Law 104–

188 (SBJPA), amended the definition of

required beginning date that applies to an

employee who is not a 5-percent owner.

Section 401(a)(9)(C)(i), as amended, provides that, in the case of such an employee, the required beginning date is

April 1 of the calendar year following the

later of the calendar year in which the employee attains age 701⁄2 or the calendar

year in which the employee retires. Accordingly, except in the case of 5-percent

owners, a plan is no longer required to

provide for distributions that commence

prior to retirement in order to satisfy section 401(a)(9).

The right to commence benefit distributions in any form at a particular time is

an optional form of benefit within the

1998–28 I.R.B.

meaning of section 411(d)(6)(B) and

§1.411(d)–4, Q&A–1(b). In enacting section 1404 of the SBJPA, Congress did not

alter the application of section 411(d)(6).

Thus, except to the extent authorized

by regulations, a plan amendment that

eliminates the right to commence preretirement benefit distributions in a plan

after age 701⁄2 (or restricts the right by

adding an additional condition) violates

section 411(d)(6) if the amendment applies to benefits accrued as of the later of

the adoption or effective date of the

amendment.

On July 2, 1997, a notice of proposed

rulemaking under section 411(d)(6) was

published in the Federal Register (62

F.R. 35752 [REG–107644–97 (1997–32

I.R.B. 24)]). The proposed regulations

would allow amendment of qualified

plans to eliminate the right to commence

preretirement benefit distributions after

age 70 1⁄2 , as required under section

401(a)(9) before its amendment by the

SBJPA. On October 28, 1997, a public

hearing was held on the proposed regulations. In general, most of the comments

received with respect to the proposed regulations did not relate to the proposed

amendments to the regulations under section 411(d)(6), but rather to the other issues related to the SBJPA amendment to

section 401(a)(9). Many of those issues

are addressed in Notice 97–75 (1997–51

I.R.B. 18). Those comments that addressed the amendments to the proposed

regulations under section 411(d)(6) were

generally favorable. Thus, after consideration of the comments received, the final

regulations retain the structure and substance of the proposed regulations, with

the changes or clarifications discussed

below.

Overview

411(d)(6) to plan provisions allowing or

requiring preretirement distributions after

age 70 1⁄2 , an employer ’s choices for

amending its plan to implement the

SBJPA change to the definition of required beginning date would be limited if

the IRS and Treasury did not grant relief

from section 411(d)(6).

Under previously-issued administrative

guidance, one approach that is available

to employers is to give employees the option of commencing distributions at age

70 1⁄2 or deferring commencement until

after retirement. See Announcement 97–

24 (1997–11 I.R.B. 24) and Revenue Procedure 97–41 (1997–33 I.R.B. 51). Another alternative available to employers is

to amend the plan to eliminate the right to

preretirement distributions solely with respect to future accruals. However, under

this second approach, each current participant would retain the right to receive preretirement distributions after age 70 1⁄2

with respect to a portion of his or her accrued benefit.

The IRS and Treasury recognize the

potential complexity of administering

plans (particularly defined benefit plans)

that adopt either of these approaches. In

addition, an employer may not have chosen voluntarily to offer preretirement distributions to employees who have attained

age 701⁄2 but instead may have included

these provisions in its plan solely to comply with section 401(a)(9) prior to its

amendment by the SBJPA. Therefore, the

proposed regulations set forth a proposal

to provide relief from section 411(d)(6)

for certain plan amendments that eliminate preretirement distributions commencing at age 701⁄2. After consideration

of the comments received with respect to

the proposed regulations, the final regulations provide this relief using the same

approach.

1. Permitted Elimination of

Preretirement Distributions After

Age 701⁄2

2. Conditions on the Relief From Section

411(d)(6)

The legislative history to section 1404

of the SBJPA indicates that the reason for

amending the definition of required beginning date was that it is inappropriate to

require all participants to commence distributions by age 701⁄2 without regard to

whether the participant is still employed

by the employer. Because section 1404

did not alter the application of section

a. Protection for Employees Who Are

Near Age 701⁄2

Under the regulations, an amendment

to eliminate a preretirement age 701⁄2 distribution option is permitted to apply only

to benefits with respect to employees who

attain age 701⁄2 in or after a calendar year,

specified in the amendment, that begins

after the later of December 31, 1998, or

1998–28 I.R.B.

the adoption date of the amendment. The

relief from section 411(d)(6) is limited to

distributions to employees who attain age

701⁄2 after calendar year 1998 because employees who were near age 701⁄2 at the

time of enactment of the SBJPA may have

had an expectation of receiving preretirement distributions in the near future and

may have made plans that took into account these expected distributions.

b. Optional Forms of Benefit for

Participants Retiring After Age 701⁄2

A plan using this relief generally may

not preclude an employee who retires

after the calendar year in which the employee attains age 701⁄2 from receiving an

optional form of benefit that would have

been available if the employee had retired

in the calendar year in which the employee attained age 701⁄2. Two of the commentators on the proposed regulations requested clarification that this requirement

does not impose special additional restrictions with respect to employees over

age 701⁄2 that would require plan sponsors

to retain all plan options in effect during

the year any employee attained age 701⁄2.

In response to these comments, the final

regulations clarify that no such special additional restrictions are being imposed.

Thus, to the extent a section 411(d)(6)

protected benefit may otherwise be eliminated or reduced under §1.411(d)–4, that

protected benefit can be reduced or eliminated for all employees without violating

section 411(d)(6), even if that benefit

would have been available to an employee who retired in the calendar year in

which the employee attained age 701⁄2.

c. Timing of Plan Amendment

An amendment to eliminate a preretirement age 701⁄2 distribution option must be

adopted no later than the last day of the

remedial amendment period that applies

to the plan for changes under the SBJPA.

The relief provided is available only to

employers that adopt the amendment

within this specified time period because

the relief is intended to simplify the implementation of section 401(a)(9), as

amended by the SBJPA, for employers

that do not voluntarily provide preretirement distributions for an extended period

after the enactment of the SBJPA.

The IRS and Treasury have determined

that it is appropriate to provide an exten-

July 13, 1998

sion of the period for collectively bargained plans to implement an amendment

permitted by these regulations. This was

suggested by a commentator who noted

that it might not be possible to amend a

collectively bargained plan until the expiration of all applicable collective bargaining agreements that are in effect when the

final regulations are issued. Accordingly,

under the final regulations, §1.411(d)–4,

Q&A–10(b)(3) has been amended so that,

in the case of a plan maintained pursuant

to one or more collective bargaining

agreements between employee representatives and one or more employers ratified

before, September 3, 1998, the amendment deadline is extended to the last day

of the twelfth month beginning after the

date on which the last of such collective

bargaining agreements terminates (determined without regard to any extensions

on or after, September 3, 1998, if later

than the last day of the remedial amendment period for the plan for changes

under the SBJPA.

Special Analyses

Many employers do not need relief

under section 411(d)(6) in order to implement the SBJPA change in the definition

of required beginning date in their plans.

The regulations include an example of

such a plan, a profit-sharing plan that permits an employee to elect distribution

after age 59 1⁄2 at any time and in any

amount. The example illustrates that this

plan may be amended to implement the

SBJPA change in the definition of required beginning date without violating

section 411(d)(6). In this example, the

section 411(d)(6) relief in these regulations is not required because the optional

forms of benefit in the plan that reflect the

pre-SBJPA mandatory distribution requirements of section 401(a)(9) are encompassed by the optional forms of benefit provided under the general elective

distribution provisions of the plan. The

right to commence distributions at age

701⁄2 continues to be available under the

plan even after the plan is amended to implement the SBJPA change in the required

beginning date.

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 does not have a

significant economic impact on a substantial number of small entities. The burden

imposed by the collection of information

is the burden of amending a plan to modify the provisions reflecting section

401(a)(9). The cost of the amendment

varies depending upon whether the small

entity involved maintains an individually

designed plan or uses a master or prototype plan. For an individually designed

plan, the small entity maintaining the plan

will be responsible for arranging to have

the amendment made. Most small entities

with individually designed plans will

have the amendment done by a skilled

outside service provider, such as a consulting firm or law firm. The time required to make such an amendment is estimated at 30 minutes, which is not a

significant economic impact, even for a

very small entity. Moreover, most very

small entities that maintain a qualified

plan use a master or prototype plan. For

master and prototype plans, the plan

sponsor drafts a single amendment for all

of the employers participating in the plan.

The average time required for the amendment per employer participating in a master or prototype plan is estimated to be 10

minutes, which certainly is not a substantial economic impact. 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, the

notice of proposed rulemaking preceding

these regulations was submitted to the

Chief Counsel for Advocacy of the Small

Business Administration for comment on

its impact on small business.

Effective Date

Drafting Information

These regulations are effective June 5,

1998.

The principal author of these regulations is Cheryl Press, Office of the Asso-

3. Circumstances Under Which No Relief

Is Required

July 13, 1998

ciate Chief Counsel (Employee Benefits

and Exempt Organizations), IRS. 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 revising the entry for

§1.411(d)–4 to read as follows:

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

§1.411(d)–4 also issued under 26

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

Par. 2. Section 1.411(d)–4 is amended

by adding Q&A–10 to read as follows:

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

benefits.

* * * * *

Q–10. If a plan provides for an age

701⁄2 distribution option that commences

prior to retirement from employment with

the employer maintaining the plan, to

what extent may the plan be amended to

eliminate this distribution option?

A–10. (a) In general. The right to

commence benefit distributions in a particular form and at a particular time prior

to retirement from employment with the

employer maintaining the plan is a separate optional form of benefit within the

meaning of section 411(d)(6)(B) and

Q&A–1 of this section, even if the plan

provision creating this right was included

in the plan solely to comply with section

401(a)(9), as in effect for years before

January 1, 1997. Therefore, except as

otherwise provided in paragraph (b) of

this Q&A–10 or any other Q&A in this

section, a plan amendment violates section 411(d)(6) if it eliminates an age 701⁄2

distribution option (within the meaning of

paragraph (c) of this Q&A–10) to the extent that it applies to benefits accrued as

of the later of the adoption date or effective date of the amendment.

(b) Permitted elimination of age 701⁄2

distribution option. An amendment of a

plan will not violate the requirements of

section 411(d)(6) merely because the

amendment eliminates an age 701⁄2 distrib-

1998–28 I.R.B.

ution option to the extent that the option

provides for distribution to an employee

prior to retirement from employment with

the employer maintaining the plan, provided that—

(1) The amendment eliminating this

optional form of benefit applies only to

benefits with respect to employees who

attain age 701⁄2 in or after a calendar year,

specified in the amendment, that begins

after the later of—

(i) December 31, 1998; or

(ii) The adoption date of the amendment;

(2) The plan does not, except to the extent required by section 401(a)(9), preclude an employee who retires after the

calendar year in which the employee attains age 701⁄2 from receiving benefits in

any of the same optional forms of benefit

(except for the difference in the timing of

the commencement of payments) that

would have been available had the employee retired in the calendar year in

which the employee attained age 701⁄2;

and

(3) The amendment is adopted no later

than—

(i) The last day of the remedial amendment period that applies to the plan for

changes under the Small Business Job

Protection Act of 1996 (110 Stat. 1755);

(ii) Solely in the case of a plan maintained pursuant to one or more collective

bargaining agreements between employee

representatives and one or more employers ratified before September 3, 1998, the

last day of the twelfth month beginning

after the date on which the last of such

collective bargaining agreements terminates (determined without regard to any

extension thereof on or after September 3,

1998, if later than the date described in

paragraph (b)(3)(i) of this Q&A–10. For

purposes of this paragraph (b)(3)(ii), the

rules of §1.410(b)–10(a)(2) apply for purposes of determining whether a plan is

maintained pursuant to one or more collective bargaining agreements, except that

September 3, 1998, is substituted for

March 1, 1986, as the date before which

the collective bargaining agreements must

be ratified.

purposes of this Q&A-10, an age 701⁄2 distribution option is an optional form of

benefit under which benefits payable in a

1998–28 I.R.B.

particular distribution form (including

any modifications that may be elected

after benefit commencement) commence

at a time during the period that begins on

or after January 1 of the calendar year in

which an employee attains age 701⁄2 and

ends April 1 of the immediately following

calendar year.

(d) Examples. The provisions of this

section are illustrated by the following examples:

Example 1. Plan A, a defined benefit plan, provides each participant with a qualified joint and survivor annuity (QJSA) that is available at any time

after the later of age 65 or retirement. However, in

accordance with section 401(a)(9) as in effect prior

to January 1, 1997, Plan A provides that if an employee does not retire by the end of the calendar year

in which the employee attains age 701⁄2, then the

QJSA commences on the following April 1. On

October 1, 1998, Plan A is amended to provide that,

for an employee who is not a 5-percent owner and

who attains age 701⁄2 after 1998, benefits may not

commence before the employee retires but must

commence no later than the April 1 following the

later of the calendar year in which the employee retires or the calendar year in which the employee attains age 70 1⁄2 . This amendment satisfies this

Q&A–10 and does not violate section 411(d)(6).

Example 2. Plan B, a money purchase pension

plan, provides each participant with a choice of a

QJSA or a single sum distribution commencing at

any time after the later of age 65 or retirement. In

addition, in accordance with section 401(a)(9) as in

effect prior to January 1, 1997, Plan B provides that

benefits will commence in the form of a QJSA on

April 1 following the calendar year in which the employee attains age 701⁄2, except that, with spousal

consent, a participant may elect to receive annual installment payments equal to the minimum amount

necessary to satisfy section 401(a)(9) (calculated in

accordance with a method specified in the plan)

until retirement, at which time a participant may

choose between a QJSA and a single sum distribution (with spousal consent). On June 30, 1998, Plan

B is amended to provide that, for an employee who

is not a 5-percent owner and who attains age 701⁄2

after 1998, benefits may not commence prior to retirement but benefits must commence no later than

April 1 after the later of the calendar year in which

the employee retires or the calendar year in which

the employee attains age 701⁄2. The amendment further provides that the option described above to receive annual installment payments prior to retirement will not be available under the plan to an

employee who is not a 5-percent owner and who attains age 701⁄2 after 1998. This amendment satisfies

this Q&A–10 and does not violate section 411(d)(6).

Example 3. Plan C, a profit-sharing plan, contains two distribution provisions. Under the first

provision, in any year after an employee attains age

591⁄2, the employee may elect a distribution of any

specified amount not exceeding the balance of the

employee’s account. In addition, the plan provides a

section 401(a)(9) override provision under which, if,

during any year following the year that the employee attains age 701⁄2, the employee does not elect

an amount at least equal to the minimum amount

necessary to satisfy section 401(a)(9) (calculated in

accordance with a method specified in the plan),

Plan C will distribute the difference by December 31

of that year (or for the year the employee attains age

701⁄2, by April 1 of the following year). On December 31, 1996, Plan C is amended to provide that, for

an employee other than an employee who is a 5-percent owner in the year the employee attains age 701⁄2,

in applying the section 401(a)(9) override provision,

the later of the year of retirement or year of attainment of age 701⁄2, is substituted for the year of attainment of age 701⁄2. After the amendment, Plan C still

permits each employee to elect to receive the same

amount as was available before the amendment. Because this amendment does not eliminate an optional

form of benefit, the amendment does not violate section 411(d)(6). Accordingly, the amendment is not

required to satisfy the conditions of paragraph (b) of

this Q&A-10.

(e) Effective date. This Q&A-10 applies to amendments adopted and effective after, June 5, 1998.

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

entry in numerical order to the table to

read as follows:

§602.101 OMB Control numbers.

CFR part or section

where identified

and described

Current OMB

control No.

* * * * *

1.411(d)–4 . . . . . . . . . . . . . . 1545–1545

Michael P. Dolan,

Deputy Commissioner of

Internal Revenue.

Approved May 11, 1998.

Donald C. Lubick,

Assistant Secretary of

the Treasury.

(Filed by the Office of the Federal Register on June

4, 1998, 8:45 a.m., and published in the issue of the

Federal Register for June 5, 1998, 63 F.R. 30621)

July 13, 1998

Section 412.—Minimum Funding

Standards

A revenue procedure provides guidance regarding the application of the minimum funding standards of § 412 of the Internal Revenue Code with respect to certain retroactive amendments of qualified

money purchase pension plans. See Rev. Proc.

98–42, page 9.

July 13, 1998

1998–28 I.R.B.

Part III. Administrative, Procedural, and Miscellaneous

Rev. Proc. 98–42

26 CFR 601.601: Rules and regulations.

(Also, Part I §§ 404, 412.)

Section 1. Purpose

This revenue procedure provides guidance regarding the application of the minimum funding standards under § 412 of

the Internal Revenue Code and the limitations on deductions under § 404 to qualified money purchase pension plans. If the

requirements described in this revenue

procedure are satisfied, a future plan

amendment related to recent changes in

the law that is made retroactively effective will be deemed to have been adopted

and put into effect as of the amendment’s

retroactive effective date for purposes of

applying §§ 412 and 404 to a money purchase pension plan.

Part I. Background

Section 2. The § 401(b) Remedial

Amendment Period

.01 The Uruguay Round Agreements

Act, Pub. L. 103–465 (GATT), the Small

Business Job Protection Act of 1996, Pub.

L. 104–188 (SBJPA) (including § 414(u)

and the Uniformed Services Employment

and Reemployment Rights Act of 1994,

Pub. L. 103–353 (USERRA)), and the

Taxpayer Relief Act of 1997, Pub. L.

105–34 (TRA ’97) made a number of

changes to the plan qualification requirements. Some of these changes require

plans to be amended to retain qualified

status. Other changes are optional; that is,

employers may choose, but are not required, to amend their plans as a result of

these changes.

.02 In Rev. Proc. 97–41, 1997–33

I.R.B. 51, the Service provided a remedial

amendment period under § 401(b) that

permits plan amendments to be made

retroactively effective if they are adopted

on or before the last day of the first plan

year beginning on or after January 1,

1999, and they amend plan provisions related to GATT and SBJPA qualification

changes that are effective before the first

day of that plan year (“disqualifying provisions”). (A later date applies in the case

of governmental plans, as defined in

§ 414(d).) Those amendments of disqual-

1998–28 I.R.B.

ifying provisions that are required to be

made to retain qualified status as a result

of GATT and SBJPA qualification changes

must be made retroactively effective as of

the date on which the qualification change

became effective with respect to the plan.

Operational compliance prior to actual

amendment is required if the qualification

change is effective before the first day of

the first plan year beginning on or after

January 1, 1998. Those amendments of

disqualifying provisions that are not required but that amend plan provisions that

are integrally related to SBJPA qualification changes may be made retroactively

effective as of the first day on which the

plan was operated in accordance with the

amended plan provision.

.03 Rev. Proc. 98–14, 1998–4 I.R.B.

22, provides that the remedial amendment

period for GATT and SBJPA qualification

changes also will apply to plan amendments of disqualifying provisions that relate to TRA ’97, conditioned on a plan’s

operational compliance with the TRA ’97

plan amendments throughout the remedial

amendment period.

Section 3. Application of the Minimum

Funding Standards Under § 412 and the

Limitations on Deductions Under § 404

to Money Purchase Pension Plans

.01 Section 412 provides minimum

funding standards applicable to pension

plans that are or were qualified plans

under § 401. The requirements of § 412

apply both to defined contribution pension plans (that is, money purchase pension plans, including target benefit plans)

and defined benefit plans, but they do not

apply to profit-sharing or stock bonus

plans.

.02 Under § 412(b), a plan that is subject to § 412 is required to establish and

maintain a funding standard account. The

minimum required contribution for a plan

under § 412 for a plan year is determined

with reference to this account. For a plan

year, the funding standard account must

reflect charges for the normal cost of the

plan for the plan year, credits for amounts

considered contributed by the employer to

or under the plan for the plan year, and

charges and credits for certain amortization bases.

.03 Section 404 limits deductible contributions to qualified plans. Under

§ 404, contributions paid by an employer

under a qualified plan are deductible only

under § 404(a), subject to the limits of §

404(a), and only if they would otherwise

be deductible under Chapter 1 of Subtitle

A of the Code. Section 404(a)(1)(A) sets

forth the general limit on deductions for

contributions to a qualified pension plan.

Under § 404(a)(1)(A), the deductible

limit for a qualified money purchase pension plan is, generally, the normal cost of

the plan, or, if greater, the minimum required contribution under § 412.

Part II. Guidance

Section 4. Treatment of Retroactive Plan

Amendments Adopted Pursuant to Rev.

Proc. 97–41 and Rev. Proc. 98–14 for

Purposes of Applying §§ 412 and 404 to

Money Purchase Pension Plans

.01 If, pursuant to Rev. Proc. 97–41

(and, if applicable, Rev. Proc. 98–14), an

amendment of a disqualifying provision

under a money purchase pension plan

which is related to SBJPA, GATT, or TRA

’97 is made retroactively effective, then

the amendment will be deemed to have

been adopted and put into effect as of the

amendment’s retroactive effective date

for purposes of applying the minimum

funding standards under § 412 and the

limitations on deductions under § 404.

The preceding sentence shall apply with

respect to a plan year of a money purchase pension plan only if: a) the contribution required under § 412 (taking into

account the preceding sentence) is made

to the plan within 81⁄2 months after the

close of such plan year, b) the contribution is allocated to the accounts of participants in accordance with the plan, as

amended, as of a date within such plan

year, and c) all amendments described in

the preceding sentence are in fact adopted

by the end of the remedial amendment period provided under Rev. Proc. 97–41 and

Rev. Proc. 98–14 for GATT, SBJPA, and

TRA ’97 changes.

.02 Section 4.01 of this revenue procedure applies to money purchase pension

plans and not to defined benefit plans.

Thus, as noted in section 8 of Rev. Proc.

97–41, except to the extent required by

July 13, 1998

§ 412(c)(12) or as otherwise provided by

the Commissioner, future amendments

may not be anticipated in determining the

minimum funding standards under § 412

or the limitations on deductions under

§ 404 for a defined benefit plan, even

though the amendments are adopted before the end of the remedial amendment

period.

Section 5. Example

Employer O maintains Plan X, a qualified money purchase pension plan that is

maintained on a calendar plan year basis.

Plan X benefits three employees: A and

B, who are husband and wife and are each

highly compensated, and C, who is unrelated to A and B. Plan X provides that the

employer will contribute annually 10% of

each employee’s compensation for the

plan year, with compensation limited to

the amount that may be taken into account

under § 401(a)(17). Plan X also contains

the family aggregation rules, as in effect

prior to their repeal by SBJPA. As a result, under Plan X, the amount that may

be contributed on behalf of A and B may

July 13, 1998

not, in total, exceed 10% of the

§ 401(a)(17) limit. Plan X does not have

a funding deficiency or provide past service credit; the normal cost of Plan X for

a year is the 10% required contribution.

A and B each receive $90,000 of compensation for the 1997 plan year, and C

receives $70,000. The § 401(a)(17) limit

for the 1997 plan year is $160,000. Taking Plan X’s family aggregation provisions into account, the normal cost of

Plan X for 1997 would be $23,000 (that

is, $16,000, or 10% of $160,000, plus

$7,000). However, Employer O expects

to amend Plan X within the remedial

amendment period to eliminate the plan’s

family aggregation provisions effective as

of the first day of the 1997 plan year. Employer O therefore disregards the plan’s

family aggregation provisions and contributes $25,000 for the 1997 plan year on

August 15, 1998. This amount is allocated, as of December 31, 1997, as follows: $9,000 each for A and B and $7,000

for C. Employer O amends Plan X by

December 31, 1999, to eliminate Plan X’s

family aggregation provisions, effective

as of the first day of the 1997 plan year.

Pursuant to this revenue procedure, this

plan amendment is deemed to have been

adopted and put into effect as of the first

day of the 1997 plan year for purposes of

applying §§ 412 and 404 to Plan X. Accordingly, the normal cost under § 412 of

Plan X for 1997 is $25,000. This is also

the normal cost of Plan X for purposes of

§ 404.

Section 6. Effective Date

This revenue procedure is effective

July 13, 1998, but may be relied upon as

provided in section 4.

Drafting Information

The principal author of this revenue

procedure is James Flannery of the Employee Plans Division. For further information regarding this revenue procedure,

contact the Employee Plans Division’s

telephone assistance service between the

hours of 1:30 and 3:30 p.m. Eastern time,

Monday through Thursday, on (202) 6226074/75. (These telephone numbers are

not toll-free.)

1998–28 I.R.B.

Part IV. Items of General Interest

Changes to Excise Taxes

Announcement 98-57

Purpose

To announce excise tax changes made by the Taxpayer Relief Act of 1997 (P.L. 105-34). The changes include:

• A tax on kerosene effective beginning July 1, 1998 (new IRS No. 35 (Form 720)), and

• A floor stocks tax on kerosene held on July 1, 1998 (new IRS No. 103 (Form 720)).

Also included in this announcement are:

• A replacement for the Rate Table for Fuel Tax Claims for Form 8849 (Rev. January 1997), Claim for

Refund of Excise Taxes;

• Procedures for filing a claim for the nontaxable use of kerosene and sales of kerosene by registered ultimate vendors; and

• A reminder of delayed deposit due dates for certain taxes.

Kerosene tax,

New IRS No. 35

The rate for undyed kerosene is $.244 per gallon. Generally, the rules that apply to taxable fuel apply to

kerosene.

Floor stocks

tax on kerosene,

New IRS No. 103

A floor stocks tax is:

• Imposed on kerosene held by any person on July 1, 1998.

• Imposed at a rate of $.244 per gallon.

• Payable by deposit at an authorized depositary by August 31, 1998.

• Reported on Form 720 for the third quarter, generally due October 31, 1998.

The floor stocks tax does not apply—

• To the extent tax on the kerosene has been or will be imposed under Code section 4081 or 4091.

• To kerosene that has been dyed by the earlier of (1) the time of sale or (2) September 30, 1998.

• To kerosene held for any exempt use.

• If the total amount of kerosene held on July 1, 1998, is not more than 2,000 gallons. Kerosene held for

an exempt use is not included in figuring the 2,000-gallon threshold.

See Form 720 and its instructions.

Form 8849

You may continue to use Form 8849 (Rev. January 1997) until an updated version is available. The following table shows the current rates for fuel tax claims. Do not use the table in the Instructions of Form

8849 (Rev. April 1997).

Rate Table for Fuel Tax Claims (as of 10/01/97)

1998–28 I.R.B.

Line No.

Rate

Line No.

Rate

.184

.4854 MCF

.13

.15

.14242

.194

.15322

.175

.184

.219

.13

10a

.03956

.14242

.0297

.15322

.02152

6a-c

.244

11a

.1875

7a (LPG only)

.136

.17

b (LPG only)

.062

July 13, 1998

Kerosene claims

Claims for nontaxable use of taxed kerosene and for sales by registered ultimate vendors of kerosene may

be made on Form 8849 as follows:

• Use line 12, Other Claims, to make a claim for kerosene.

• Follow the format for line 6 on Form 8849 (Rev. January 1997).

• Registered ultimate vendors who sell the fuel for use by a state or on a farm are to provide the same information as outlined in the instructions for line 6c. See the Instructions for Form 8849 (Rev. April

1997).

Delayed deposits of

certain excise taxes

Any deposit of. . .

taxes on either

that would be

due . . .

is instead due

on . . .

Fuel (all IRS Nos.)

Transportation of property by air

After July 31, 1998,

and before Oct. 1, 1998,*

Oct. 5, 1998

Transportation of persons by air

Use of international air travel facilities

After Aug. 14, 1998, and before

Oct. 1, 1998,*

Oct. 5, 1998

* Includes the September rule deposit due Sept. 28 or 29

New Form 5305–RB Now Available

Announcement 98–58

Form 5305–RB, Roth Individual Retirement Annuity Endorsement, is a new model annuity endorsement agreement. Section 302 of

the Taxpayer Relief Act of 1997 created the Roth individual retirement annuity (Roth IRA). A Roth IRA is established after the contract, which includes Form 5305-RB, is executed by both the annuitant and the issuer. The form meets the requirements of section

408A of the Internal Revenue Code.

Copies of Form 5305–RB are available at most IRS offices. Applicants may order the form by telephone or they may use other IRS

electronic information services to get copies.

Request by—

Number or Address

Telephone

1-800-TAX-FORM

(1-800-829-3676)

Personal computer:

World Wide Web

File Transfer Protocol

Telnet

www.irs.ustreas.gov

ftp.irs.ustreas.gov

iris.irs.ustreas.gov

Direct Dial (by modem)

703-321-8020

Announcement 98–47,

Supplemental Tables of Income

Tax Rates and Exempt Personal

Service Income Under New

Income Tax Treaties and

Protocols; Correction

Announcement 98–59

The following corrections should be

made to Table 1 of Announcement 98–47.

This announcement was published on

July 13, 1998

page 5 of Internal Revenue Bulletin

1998–23.

Under column 6 for residents of

Switzerland, the rate of withholding

should be corrected to read “15.” It currently reads “18.”

In footnote k, the first sentence should

be corrected to read: “This is the rate for

royalties for the use of, or the right to use,

industrial, commercial, and scientific

equipment.”

Required Distributions From

Qualified Plans and Individual

Retirement Plans; Correction

Announcement 98–63

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Correction to notice of proposed rulemaking.

SUMMARY: This document contains

1998–28 I.R.B.

corrections to REG–209463–82, which

was published in the Federal Register on

Tuesday, December 30, 1997 (62 F.R.

67780 [1998–4 I.R.B. 27]). The amendments to existing proposed regulations

make changes to the rules that apply if a

trust is named as a beneficiary of an employees benefit under a retirement plan.

FOR FURTHER INFORMATION CONTACT: Thomas Foley, (202) 622-6030

(not a toll-free number).

SUPPLEMENTARY INFORMATION:

leading and are in need of clarification.

Background

Correction of Publication

The notice of proposed rulemaking that

is the subject of these corrections is under

section 401(a)(9) of the Internal Revenue

Code.

Accordingly, the publication of the notice of proposed rulemaking (REG209463-82), which is the subject of FR

Doc. 97-33393, is corrected as follows:

Need for Correction

§1.409(a)(9)–1 [Corrected]

As published, REG–209463–82 contains errors which may prove to be mis-

1. On page 67783, § 1.409(a)(9)–1 is

corrected as set out in the following table:

Section

Location

Incorrect

Language

Corrected

Language

1.409(a)(9)–1

Q&A D–5, column 2,

paragraph (a) of A, line 10

“paragraph (b) of

D–5A are met,”

“paragraph(b) of

this D–5 are met,”

1.409(a)(9)–1

Q&A D–5, column 2,

paragraph (a) of A., line 24

“paragraph (b) of this

D–5A are not met,”

“paragraph (b) of this

D–5 are not met,”

1.409(a)(9)–1

Q&A D–5, column 3,

paragraph (c) of A., line 10

from the top of the column

“5A are satisfied with

respect to such”

“5 are satisfied with

respect to such”

1.409(a)(9)–1

Q&A D–6, column 3,

paragraph (a) of A., line 3

“requirements of paragraph (b)

of D–5A”

“requirements of paragraph

(b) of D–5”

1.409(a)(9)–1

Q&A D–6, column 3,

paragraph (a) of A., line 13

from the bottom of the paragraph

“5A of this section are satisfied

with”

“5 of this section are satisfied with”

2. On page 67784, § 1.409(a)(9)–1 is corrected as set out in the following table:

Section

Location

Incorrect

Language

Corrected

Language

1.409(a)(9)–1

Q&A D–6, column 3, paragraph

(a) of A., line 8 from the bottom

of the paragraph

“paragraph (b) of D–5A

of this section are”

“paragraph (b) of D–5 of

this section are”

1.409(a)(9)–1

Q&A D–7, column 1, paragraph

(a) introductory text of A.,

last line of the paragraph

“(2) of this D–7A:”

“(2) of this D–7:”

1.409(a)(9)–1

Q&A D–7, column 1, paragraph

(a)(2)(ii) of A., line 5

“and (3) of D–5A of this

section are”

“and (3) of D–5 of this

section are”

1.409(a)(9)–1

Q&A D–7, column 1, paragraph

(b)(1) of A., second line from

the bottom of the column

“paragraph (b)(1), (2), and

(3) of D–5A of”

“paragraph (b)(1), (2) and

(3) of D–5 of”

1.409(a)(9)–1

(c)(1) of A., line 6

Q&A D–7, column 2, paragraph

this D–7A, a plan”

“(a)(1), (a)(2), or (b) of

this D–7, a plan”

“(a)(1), (a)(2), or (b) of

this D–7, a plan”

1998–28 I.R.B.

July 13, 1998

3. On page 67784, § 1.409(a)(9)–1 is corrected as set out in the following table:

Section

1.409(a)(9)–1

Location

Incorrect

Language

Corrected

Language

Q&A D–7, column 2, paragraph

(c)(1) of A., line 10 from the

bottom of the paragraph

“requirements of paragraph (b)

of D–5A”

“requirements of paragraph

(b) of D–5”

Cynthia E. Grigsby,

Chief, Regulations Unit,

Assistant Chief Counsel (Corporate).

(Filed by the Office of the Federal Register on

March 24, 1998, 8:45 a.m., and published in the

issue of the Federal Register for March 25, 1998, 63

F.R. 14391)

IRS Adoption Taxpayer

Identification Numbers;

Correction

Announcement 98–64

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Correction to final and temporary regulations.

SUMMARY: This document contains

corrections to Treasury Decision 8739,

which was published in the Federal Register on Monday, November 24, 1997 (62

F.R. 62518 [1997–51 I.R.B. 8]) relating to

taxpayer identifying numbers.

DATES: This correction is effective November 24, 1997.

FOR FURTHER INFORMATION CONTACT: Michael L. Gompertz, (202) 6224910 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

8739), which was the subject of F.R. Doc.

97–30550, is corrected as follows:

§301.6109–1 [Corrected]

1. On page 62520, column 2,

§301.6109–1(h)(2)(iii), line 1, the language “(iii) Paragraphs (a)(1)(i),

(a)(1)(ii)(A),” is corrected to read “(iii)

Paragraphs (a)(1)(i), (a)(1)(ii) introductory text, (a)(1)(ii)(A),”. On the last two

lines of the paragraph, the language

“(a)(1)(ii) introductory text, and

(a)(1)(ii)(A) and (B).” is corrected to read

“(a)(1)(ii) introductory text, (a)(1)(ii)(A)

and (a)(1)(ii)(B).”.

§301.6109–1T [Corrected]

2. On page 62520, column 3,

§301.6109–1T(h), the last three lines of

the paragraph, the language “further guidance prior to November 24, 1997, see

§301.6109–1(a)(1)(i), (a)(1)(ii)(A) and

(a)(1)(ii)(B).” is corrected to read “guidance applicable prior to November 25,

1997, see §301.6109–1(a)(1)(i), (a)(1)(ii)

introductory text, (a)(1)(ii)(A) and

(a)(1)(ii)(B).”.

Cynthia E. Grigsby,

Chief, Regulations Unit,

Assistant Chief Counsel (Corporate).

eral Register on Friday, January 2, 1998

(63 F.R. 24 [1998–8 I.R.B. 24]). The regulations relate to gasoline and diesel fuel

excise tax.

DATES: This correction is effective January 2, 1998.

FOR FURTHER INFORMATION CONTACT: Frank Boland (202) 622-3130,

(not a toll-free call).

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the subject of this correction are under section

6416.

Need for Correction

As published, final regulations (T.D.

8748) contain errors that may prove to be

misleading and are in need of clarification.

Correction of Publication

Accordingly, the publication of the

final regulations (T.D. 8748), which are

the subject of F.R. Doc. 97–33988, is corrected as follows:

PART 48—[Corrected]

(Filed by the Office of the Federal Register on

March 17, 1998, 8:45 a.m., and published in the

issue of the Federal Register for March 18, 1998, 63

F.R. 13124)

1. On page 26, column 1, amendatory

instruction “Par. 6a.” is added to read as

follows:

The final and temporary regulations

that are the subject of these corrections

are under section 6109 of the Internal

Revenue Code.

Gasoline and Diesel Fuel Excise

Tax; Special Rules for Alaska;

Definitions; Correction

Need for Correction

Announcement 98–65

As published, TD 8739 contain errors

which may prove to be misleading and are

in need of clarification.

AGENCY: Internal Revenue Service,

Treasury.

Par. 6a. In §48.6416(a)–3, paragraph

(b)(3)(ii) is amended by removing the last

sentence.

2. On page 26, column 1, amendatory

instruction “Par. 6b.” is added to read as

follows:

ACTION: Correction to final regulations.

§48.6416(b)(3)–2 [Amended]

SUMMARY: This document contains

corrections to the final regulations (T.D.

8748), which were published in the Fed-

Par. 6b. In §48.6416(b)(3)–2, paragraph (d)(6) is amended by removing the

language “and §48.6416(b)(4)–1”.

Correction of Publication

Accordingly, the publication of the

final and temporary regulations (T.D.

July 13, 1998

§48.6416(a)–3 [Amended]

1998–28 I.R.B.

Cynthia E. Grigsby,

Chief, Regulations Unit,

Assistant Chief Counsel (Corporate).

(Filed by the Office of the Federal Register on

March 30, 1998, 8:45 a.m., and published in the

issue of the Federal Register for March 31, 1998, 63

F.R. 15292)

Abatement of Interest;

Correction

Announcement 98–66

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Correction to notice of proposed rulemaking.

SUMMARY: This document contains a

correction to REG–209276–87, which

was published in the Federal Register on

Thursday, January 8, 1998 (63 F.R. 1086

[1998–11 I.R.B. 18]), relating to the

abatement of interest attributable to unreasonable errors or delays by an officer

or employee of the IRS.

FOR FURTHER INFORMATION CONTACT: David Auclair, (202) 622-4910

(not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The notice of proposed rulemaking that

is the subject of this correction is under

section 6404 of the Internal Revenue

Code.

Need for Correction

As published, REG–209276–87 contains an error which may prove to be misleading and is in need of clarification.

Correction of Publication

Accordingly, the publication of the notice of proposed rulemaking (REG–

209276–87), which is the subject of F.R.

Doc. 98–19, is corrected as follows:

On page 1087, column 3, in the preamble under the paragraph reading “Explanation of Provisions”, the first full paragraph in the column is corrected to read:

The provisions of the regulations are

proposed to apply to interest accruing with

1998–28 I.R.B.

respect to deficiencies or payments of any

tax described in section 6212(a) for taxable years beginning after July 30, 1996.

Cynthia E. Grigsby,

Chief, Regulations Unit,

Assistant Chief Counsel (Corporate).

(Filed by the Office of the Federal Register on

March 4, 1998, 8:45 a.m., and published in the issue

of the Federal Register for March 5, 1998, 63 F.R.

10798)

Foundations Status of Certain

Organizations

Announcement 98–67

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:

A Life Recovery Center Inc., Tallahassee,

A E A O N M S Health and Medical

Research Foundation Inc., Detroit, MI

A P P L E S Project Inc., Kent, OH

Able Abilities Enterprises Inc., Malvern,

Academics Behavior and Cooperation

Inc., Abilene, TX

Act V Inc., Alexandria, VA

Adult Basic Education Council of

Lauderdale County Inc., Ripley, TN

African American Arts Alliance,

Laplume, PA

African-Americans in Horse Racing Inc.,

Baltimore, MD

Afrikasian Scholars Foundation Inc.,

Silver Spring, MD

Agape Full of Love Learning Center Inc.,

Pittsburgh, PA

Agape Parc Inc., Charlotte, NC

Agricultural Improvement Project,

Chicago, IL

Alamance Childrens Theater Inc.,

Burlington, NC

Alpha Kappa PSI Foundation,

Indianapolis, IN

Alternative Program Associates

Foundation, Pittsburgh, PA

American Friends of the Institute of

Talmudic Studies, Inc., Lakewood, NJ

American Musical Theatre, Kansas City,

American Way Charities Inc., Atlanta,

AMTF Joint Theater Center Inc.,

Philadelphia, PA

Angels Place, Southfield, MI

Animal Shelter League Inc., High Point,

Aretha Franklins Scholarship Awards

Inc., Birmingham, MI

Arizona Figure Skating Club, Phoenix,

Arizona Future Business Leaders of

America Phi Beta Lambda, Phoenix,

Art Attack Inc., Atlanta, GA

Arthur Kill Watershed Association Corp.,

Colonia, NJ

Ash Tree Organization, Savannah, GA

Asian American Institute, Evanston, IL

Association for the Health Enrichment of

Large People, Radford, VA

Association of Community Living of

Larimer County Inc., Fort Collins, CO

Association of Sycamore Schools Parent

Organizations, Cincinnati, OH

Atlanta Gaymes Inc., Atlanta, GA

Agua Fria Firefighters Association,

Santa Fe, NM

Avra Community Resource Center,

Marana, AZ

Awakening Center, Memphis, TN

Axis Theatre of Maryland Inc.,

Baltimore, MD

Baker Street Theater Inc., Gate City, VA

Ballet Metropolitan Foundation,

Columbus, OH

Baltimore Housing Roundtable Inc.,

Baltimore, MD

Bang Elementary P T O Incorporated,

Houston, TX

Batavia Rotary Club Educational and

Charitable Fund Inc., Batavia, OH

Bay Ballet Theatre Inc., Tampa, FL

July 13, 1998

Beaverdale Place Inc., Des Moines, IA

Bedford Development Corporation,

Bedford, KY

Bellefonte Educational Foundation Inc.,

Bellefonte, PA

Bellerive Neighborhood Association,

St. Louis, MO

Belton Senior Center Foundation Inc.,

Belton, TX

Bergen County Community Broadcast

Foundation, Dumont, NJ

Berkeley County Sheriffs Police Athletic

League Inc., Martinsburg, WV

Bessemer Education Enhancement

Foundation, Bessemer, AL

Bethesda Elementary P T O Inc.,

Waukesha, WI

Black Educators of Morris County,

Madison, NJ

Blackwell Regional Hospital Auxiliary

Inc., Blackwell, OK

Bluecoats of Atlanta Inc., Atlanta, GA

Brandon & Millard Williams Police

Athletic League, Youngstown, OH

Brenda L Redmond Cultural Arts

Foundation, Houston, TX

Brentwood Community Foundation,

Houston, TX

Brians House-Price Lane Inc., West

Chester, PA

Bridge for Prison Ministries, Huntsville,

Bronco Soccer Club, Fenton, MO

Bruton Park Home Incorporated,

Hampton, VA

Business Volunteer Alliance, Englewood,

C A R E S Foundation of Mt. Carmel,

Mt. Carmel, IL

C B S Homes Inc., Albuquerque, NM

Canton District No. 66 Education,

Canton, IL

Capital Area Supply Corps Wives Inc.,

Arlington, VA

Care Network for the Disabled,

Gladstone, MO

Cariso Productions Inc., St. Croix, VI

Carolina Organization for Community

Concerns on Environment, Wilson,

Carroll Council Inc., Southlake, TX

Carroll County Women on the Move,

Westminster, MD

CASA Phoenix Incorporated, Sun City,

Catawba County Housing Foundation,

Newton, NC

July 13, 1998

Cedar Lake Volunteer Fire Department

Inc., Hinton, OK

Center for Global Educational

Partnerships, Ranchos De Taos, NM

Center for Leadership Development and

Research Inc., Washington, DC

Center for the Prevention of Child Abuse

in Williamson County Inc., Franklin,

Centrada-Center for Alcohol and Drug

Addiction Services, Marysville, OH

Christopher Charity Inc., Columbus,

Circleville Band Boosters, Circleville,

Cincinnati-Nancy Sister City Association

Inc., Cincinnati, OH

Cities in Schools of Rock Hill Fort Mill

Inc., Rock Hill, SC

Citrus-Hernando Private Industry

Council Inc., Brooksville, FL

Clarke County Education Foundation

Inc., Berryville, VA

Clemson University Flying Club Inc.,

Clemson, SC

Cleveland County Audubon Society,

Norman, OK

Cleveland Sister Cities Inc., Cleveland,

Clinton Rotary Club Foundation, Clinton,

Close Call Theatre, Chicago, IL

Coalition of All Breed Rescue of

Arizona-Cabra, Phoenix, AZ

College News and Consulting Services

Inc., Kent, OH

Color Vision Foundation, Ashland, OR

Commodity Giving Initiative,

Minnetonka, MN

Community Assistance Programs Inc.,

Baltimore, MD

Community Awareness Committee, New

Brighton, PA

Community Builders Housing

Corporation, Stirling, NJ

Community Care of the VNA,

Philadelphia, PA

Community Health Ventures Inc.,

Norman, OK

Community Health Awareness Inc.,

Miami, FL

Community Interpreter Services, St. Paul,

Computers for Classrooms Inc., Atlanta,

Cor Christi Inc., Whippany, NJ

Cornerstone Ministries, Rawlins, WY

Cortez Addictions Recovery Service,

Cortez, CO

Council of Houma Indian Elders

Federation Inc., Kenner, LA

Central Georgia Council on Family

Violence Inc., Macon, GA

Central Georgia Open Inc., Macon, GA

Centro Hispano, Little Rock, AR

Champlin Park Traveling Basketball

Association, Champlin, MN

Chemical Valley Sports Association and

Foundation, Charleston, WV

Chicago Community Health Association

Inc., Chicago, IL

Christian Ecumenical Development Corp

for Far South Side of Chicago,

Chicago, IL

Chipola Historical Trust Inc., Marianna,

Counseling and Educational Support

Services, St. Louis, MO

Creative Advancement Centers Inc.,

Augusta, GA

Creative Arts Therapies Inc., Arma, KS

Crystal Courts, Chicago, IL

Cut and Clean Inc., Hopkinsville, KY

Collier County Juvenile Justice Council,

Inc., Naples, FL

Community Access to Service

Association, Modesto, CA

Covenant Minestrier, Inc., Auberry, CO

D P Whitley Scholarship Fund, High

Point, NC

Dakota Mental Health Consumers

Network, Apply Valley, MN

Dallas Academy of Music for Children,

Dallas, TX

Daystar Inc., Kenner, LA

Dearborn Public Schools Education

Foundation, Dearborn, MI

Delta Regional Coalition, McGehee, AR

Denver International Childrens Festival,

Denver, CO

Denver Place Parent-Teacher

Organization, Wilmington, OH

Desoto Eagles Athletic Booster Club Inc.,

Desoto, TX

Detroit Area Taskforce on Self Esteem,

Detroit, MI

Detroit Community Focus Inc., Detroit,

DHS Orchestra Boosters Inc., Dunwoody,

Diverse Financial Services, Houston,

Dobson Rescue Squad Inc., Dobson, NC

Double D Thrift Inc., Minot, ND

1998–28 I.R.B.

Dr King Food & Shelter Center, Toledo,

Dunbar Project, Baltimore, MD

Durham Communities in Schools Inc.,

Durham, NC

Durham Episcopal Housing Ministries,

Durham, NC

Eagle Point Parent Group Inc., Oakdale,

East Ark Inc., Helena, AR

East Central Wellness Project Inc.,

Oshkosh, WI

East Hills Band and Orchestra

Association, Bethlehem, PA

East Row Historic Foundation Inc.,

Newport, KY

Eastern Women S. Junior Committee of

Fifty, Pinson, AL

Edge of the Wilderness Community

Center, Bigfork, MN

Edgerton Athletic Boosters Inc.,

Edgerton, OH

Edmond Arts Incorporated, Edmond, OK

Edmondson Community Organization

Inc., Baltimore, MD

Edna-Johnetta House Inc., Memphis, TN

Employment Agency Servicing Youth of

Chicago, Chicago, IL

End Time Ministries Inc., Belton, SC

Energy Rated Homes of Virginia Inc.,

Richmond, VA

Environmental Fund for Virginia Inc.,

Charlottesville, VA

Entity Mission, Garland, TX

Environmental Employment Services,

Austin, TX

Fair Play Parent Teacher Organization,

Fair Play, MO

Fairview Early Education Parent Teacher

Organization, Rockford, IL

Falling Through the Cracks, Hanover, PA

Financial Freedom Foundation Inc.,

Keene, TX

Fire Fighters Safety House Inc.,

Barrackville, WV

1998–28 I.R.B.

Florida International Affairs Foundation

Inc., Tallahassee, FL

Florida League of Middle Schools,

Naples, FL

Folami House, Inc., Chicago, IL

Foothills Symphonic Band-Foothills

Symphonic Music Association,

Loveland, CO

Forest Lakes Public Library Inc., Forest

Lakes, AZ

Fort Maurepas Society, Ocean Springs,

Fort Recovery Ohio Community

Foundation Inc., Fort Recovery, OH

Fort Worth Youth Soccer Association

Inc., Fort Worth, TX

Forty-Two State Street Inc., Belleville, NJ

413 Club Inc., Columbus, GA

Foundation for Life Death and Transition,

El Rito, NM

Foundation for Prevention of Medical

Adverse Events-Latrogenics, Tucson,

Foundation for Transplants for Needy

Children Inc., Morristown, NJ

Fourth Street Foundation Inc., Carrollton,

Frank Lloyd Wright Heritage Tourism

Program Inc., Madison, WI

Franklin County 2000-Business and

Education Standing Together,

Chambersburg, PA

Friends of Rancho de Ninos Inc.,

Albuquerque, NM

Friends of Shepard State Park, Gaupier,

Friends of the Assiniboines Foundation,

Wolf Point, MT

Friends of the Libraries of Woodbridge

Township Inc., Woodbridge, NJ

Friends of the Library Calhoun County

Library, Edison, GA

Friends of the Love County Branch of the

Chickasaw Library System, Marietta,

Friends of the Park Foundation, Tilden,

Friends of the Thomas-Foreman Home,

Muskogee, OK

Friends of the West Unity Library,

W Unity, OH

Friends of Vander Veer Inc., Davenport,

Friends of Youth Services, Lincoln, NE

Fun Fishing Without Barriers Inc.,

Freeland, MD

Future Directions Consumer Operated,

Westlake, OH

Gahanna Middle School South Parent

Association, Gahanna, OH

Galesburg-Augusta Community Schools

Foundation, Galesburg, MI

Garfield Boulevard Community

Organization, Chicago, IL

Georgia Baptist College of Nursing

Honor Society, Atlanta, GA

Georgia Folk Festival, Milledgeville, GA

GHS – Osteopathic Inc., Philadelphia, PA

Gifts for Education and Economic

Development Inc., Kansas City, MO

Goat Song Productions, Houston, TX

If an organization listed above submits

information that warrants the renewal of

its classification as a public charity or as a

private operating foundation, the Internal

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

and contributors may thereafter rely upon

such ruling or determination letter as provided in section 1.509(a)–7 of the Income

Tax Regulations. It is not the practice of

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

July 13, 1998

Definition of Terms

Revenue rulings and revenue procedures

(hereinafter referred to as “rulings”) that

have an effect on previous rulings use the

following defined terms to describe the

effect:

Amplified describes a situation where

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

being extended to apply to a variation of

the fact situation set forth therein. Thus,

if an earlier ruling held that a principle

applied to A, and the new ruling holds

that the same principle also applies to B,

the earlier ruling is amplified. (Compare

with modified, below).

Clarified is used in those instances

where the language in a prior ruling is

being made clear because the language

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

prior ruling is being changed.

Distinguished describes a situation

where a ruling mentions a previously

published ruling and points out an essential difference between them.

Modified is used where the substance

of a previously published position is

being changed. Thus, if a prior ruling

held that a principle applied to A but not

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

plies to both A and B, the prior ruling is

modified because it corrects a published

position. (Compare with amplified and

clarified, above).

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

in a ruling that lists previously published

rulings that are obsoleted because of

changes in law or regulations. A ruling

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

subsequently adopted.

Revoked describes situations where the

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

is being stated in the new ruling.

Superseded describes a situation where

the new ruling does nothing more than

restate the substance and situation of a

previously published ruling (or rulings).

Thus, the term is used to republish under

the 1986 Code and regulations the same

position published under the 1939 Code

and regulations. The term is also used

when it is desired to republish in a single

ruling a series of situations, names, etc.,

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

new ruling does more than restate the

substance of a prior ruling, a combination

of terms is used. For example, modified

and superseded describes a situation

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

is continued without change in part and it

is desired to restate the valid portion of

the previously published ruling in a new

ruling that is self contained. In this case

the previously published ruling is first

modified and then, as modified, is superseded.

Supplemented is used in situations in

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

countries, is published in a ruling and

that list is expanded by adding further

names in subsequent rulings. After the

original ruling has been supplemented

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

ruling and the additions, and supersedes

all prior rulings in the series.

Suspended is used in rare situations to

show that the previous published rulings

will not be applied pending some future

action such as the issuance of new or

amended regulations, the outcome of

cases in litigation, or the outcome of a

Service study.

Abbreviations

E.O.—Executive Order.

ER—Employer.

ERISA—Employee Retirement Income Security Act.

EX—Executor.

F—Fiduciary.

FC—Foreign Country.

FICA—Federal Insurance Contribution Act.

FISC—Foreign International Sales Company.

FPH—Foreign Personal Holding Company.

F.R.—Federal Register.

FUTA—Federal Unemployment Tax Act.

FX—Foreign Corporation.

G.C.M.—Chief Counsel’s Memorandum.

GE—Grantee.

GP—General Partner.

GR—Grantor.

IC—Insurance Company.

I.R.B.—Internal Revenue Bulletin.

LE—Lessee.

LP—Limited Partner.

LR—Lessor.

M—Minor.

Nonacq.—Nonacquiescence.

O—Organization.

P—Parent Corporation.

PHC—Personal Holding Company.

PO—Possession of the U.S.

PR—Partner.

PRS—Partnership.

PTE—Prohibited Transaction Exemption.

Pub. L.—Public Law.

REIT—Real Estate Investment Trust.

Rev. Proc.—Revenue Procedure.

Rev. Rul.—Revenue Ruling.

S—Subsidiary.

S.P.R.—Statements of Procedral Rules.

Stat.—Statutes at Large.

T—Target Corporation.

T.C.—Tax Court.

T.D.—Treasury Decision.

TFE—Transferee.

TFR—Transferor.

T.I.R.—Technical Information Release.

TP—Taxpayer.

TR—Trust.

TT—Trustee.

U.S.C.—United States Code.

X—Corporation.

Y—Corporation.

Z—Corporation.

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

Bulletin.

A—Individual.

Acq.—Acquiescence.

B—Individual.

BE—Beneficiary.

BK—Bank.

B.T.A.—Board of Tax Appeals.

C.—Individual.

C.B.—Cumulative Bulletin.

CFR—Code of Federal Regulations.

CI—City.

COOP—Cooperative.

Ct.D.—Court Decision.

CY—County.

D—Decedent.

DC—Dummy Corporation.

DE—Donee.

Del. Order—Delegation Order.

DISC—Domestic International Sales Corporation.

DR—Donor.

E—Estate.

EE—Employee.

July 13, 1998

1998–28 I.R.B.

Numerical Finding List1

Notices—Continued

Revenue Procedures—Continued

Bulletins 1998–1 through 1998–27

98–9, 1998–4 I.R.B. 8

98–10, 1998–6 I.R.B. 9

98–11, 1998–6 I.R.B. 18

98–12, 1998–5 I.R.B. 12

98–13, 1998–6 I.R.B. 19

98–14, 1998–8 I.R.B. 27

98–15, 1998–9 I.R.B. 8

98–16, 1998–15 I.R.B. 12

98–17, 1998–11 I.R.B. 6

98–18, 1998–12 I.R.B. 11

98–19, 1998–13 I.R.B. 24

98–20, 1998–13 I.R.B. 25

98–21, 1998–15 I.R.B. 14

98–22, 1998–17 I.R.B. 5

98–23, 1998–18 I.R.B. 9

98–24, 1998–17 I.R.B. 5

98–25, 1998–18 I.R.B. 11

98–26, 1998–18 I.R.B. 14

98–27, 1998–18 I.R.B. 14

98–28, 1998–19 I.R.B. 7

98–29, 1998–22 I.R.B. 8

98–30, 1998–22 I.R.B. 9

98–31, 1998–22 I.R.B. 10

98–32, 1998–22 I.R.B. 23

98–33, 1998–25 I.R.B. 10

98–34, 1998–27 I.R.B. 30

98–35, 1998–27 I.R.B. 35

98–8, 1998–1 I.R.B. 225

98–9, 1998–3 I.R.B. 56

98–10, 1998–2 I.R.B. 35

98–11, 1998–4 I.R.B. 9

98–12, 1998–4 I.R.B. 18

98–13, 1998–4 I.R.B. 21

98–14, 1998–4 I.R.B. 22

98–15, 1998–4 I.R.B. 25

98–16, 1998–5 I.R.B. 19

98–17, 1998–5 I.R.B. 21

98–18, 1998–6 I.R.B. 20

98–19, 1998–7 I.R.B. 30

98–20, 1998–7 I.R.B. 32

98–21, 1998–8 I.R.B. 27

98–22, 1998–12 I.R.B. 11

98–23, 1998–10 I.R.B. 30

98–24, 1998–10 I.R.B. 31

98–25, 1998–11 I.R.B. 7

98–26, 1998–13 I.R.B. 26

98–27, 1998–15 I.R.B. 15

98–28, 1998–15 I.R.B. 14

98–29, 1998–15 I.R.B. 22

98–30, 1998–17 I.R.B. 6

98–31, 1998–23 I.R.B. 9

98–32, 1998–17 I.R.B. 11

98–33, 1998–19 I.R.B. 7

98–34, 1998–18 I.R.B. 15

98–35, 1998–21 I.R.B. 6

98–36, 1998–23 I.R.B. 10

98–37, 1998–26 I.R.B. 6

98–38, 1998–27 I.R.B. 29

98–39, 1998–26 I.R.B. 36

Announcements:

98–1, 1998–2 I.R.B. 38

98–2, 1998–2 I.R.B. 38

98–3, 1998–2 I.R.B. 38

98–4, 1998–4 I.R.B. 31

98–5, 1998–5 I.R.B. 25

98–6, 1998–5 I.R.B. 25

98–7, 1998–5 I.R.B. 26

98–8, 1998–6 I.R.B. 96

98–9, 1998–7 I.R.B. 35

98–10, 1998–7 I.R.B. 35

98–11, 1998–8 I.R.B. 42

98–12, 1998–8 I.R.B. 43

98–13, 1998–8 I.R.B. 43

98–14, 1998–8 I.R.B. 44

98–15, 1998–10 I.R.B. 36

98–16, 1998–9 I.R.B. 17

98–17, 1998–9 I.R.B. 16

98–18, 1998–10 I.R.B. 44

98–19, 1998–10 I.R.B. 44

98–20, 1998–11 I.R.B. 25

98–21, 1998–11 I.R.B. 26

98–22, 1998–12 I.R.B. 33

98–23, 1998–12 I.R.B. 34

98–24, 1998–12 I.R.B. 35

98–25, 1998–13 I.R.B. 43

98–26, 1998–14 I.R.B. 28

98–27, 1998–15 I.R.B. 30

98–28, 1998–15 I.R.B. 30

98–29, 1998–16 I.R.B. 48

98–30, 1998–17 I.R.B. 38

98–32, 1998–17 I.R.B. 39

98–33, 1998–17 I.R.B. 39

98–34, 1998–17 I.R.B. 39

98–35, 1998–17 I.R.B. 40

98–36, 1998–18 I.R.B. 18

98–37, 1998–19 I.R.B. 24

98–38, 1998–19 I.R.B. 26

98–39, 1998–20 I.R.B. 24

98–40, 1998–20 I.R.B. 24

98–41, 1998–20 I.R.B. 25

98–42, 1998–21 I.R.B. 26

98–43, 1998–21 I.R.B. 26

98–44, 1998–22 I.R.B. 24

98–45, 1998–23 I.R.B. 18

98–46, 1998–25 I.R.B. 11

98–47, 1998–23 I.R.B. 5

98–48, 1998–24 I.R.B. 6

98–49, 1998–23 I.R.B. 19

98–50, 1998–23 I.R.B. 20

98–51, 1998–24 I.R.B. 7

98–52, 1998–24 I.R.B. 37

98–53, 1998–24 I.R.B. 37

98–54, 1998–25 I.R.B. 11

98–55, 1998–26 I.R.B. 41

98–56, 1998–26 I.R.B. 44

98–60, 1998–27 I.R.B. 39

98–61, 1998–27 I.R.B. 38

Proposed Regulations:

PS–158–86, 1998–11 I.R.B. 13

REG–100841–97, 1998–8 I.R.B. 30

REG–102144–98, 1998–15 I.R.B. 25

REG–102894–97, 1998–3 I.R.B. 59

REG–104062–97, 1998–10 I.R.B. 34

REG–104537–97, 1998–16 I.R.B. 21

REG–104691–97, 1998–11 I.R.B. 13

REG–105163–97, 1998–8 I.R.B. 31

REG–106031–98, 1998–26 I.R.B. xx

REG–109333–97, 1998–9 I.R.B. 9

REG–109704–97, 1998–3 I.R.B. 60

REG–110965–97, 1998–13 I.R.B. 42

REG–115795–97, 1998–8 I.R.B. 33

REG–119449–97, 1998–10 I.R.B. 35

REG–120200–97, 1998–12 I.R.B. 32

REG–120882–97, 1998–14 I.R.B. 25

REG–121268–97, 1998–20 I.R.B. 12

REG–121755–97, 1998–9 I.R.B. 13

REG–208299–90, 1998–16 I.R.B. 26

REG–209276–87, 1998–11 I.R.B. 18

REG–209322–82, 1998–15 I.R.B. 26

REG–209373–81, 1998–14 I.R.B. 26

REG–209463–82, 1998–4 I.R.B. 27

REG–209476–82, 1998–8 I.R.B. 36

REG–209484–87, 1998–8 I.R.B. 40

REG–209485–86, 1998–11 I.R.B. 21

REG–209682–94, 1998–17 I.R.B. 20

REG–209807–95, 1998–8 I.R.B. 40

REG–243025–96, 1998–18 I.R.B. 18

REG–251502–96, 1998–9 I.R.B. 14

REG–251698–96, 1998–20 I.R.B. 14

Notices:

98–1, 1998–3 I.R.B. 42

98–2, 1998–2 I.R.B. 22

98–3, 1998–3 I.R.B. 48

98–4, 1998–2 I.R.B. 25

98–5, 1998–3 I.B.R. 49

98–6, 1998–3 I.R.B. 52

98–7, 1998–3 I.R.B. 54

98–8, 1998–4 I.R.B. 6

Revenue Procedures:

98–1, 1998–1 I.R.B. 7

98–2, 1998–1 I.R.B. 74

98–3, 1998–1 I.R.B. 100

98–4, 1998–1 I.R.B. 113

98–5, 1998–1 I.R.B. 155

98–6, 1998–1 I.R.B. 183

98–7, 1998–1 I.R.B. 222

Revenue Rulings:

98–1, 1998–2 I.R.B. 5

98–2, 1998–2 I.R.B. 15

98–3, 1998–2 I.R.B. 4

98–4, 1998–2 I.R.B. 18

98–5, 1998–2 I.R.B. 20

98–6, 1998–4 I.R.B. 4

98–7, 1998–6 I.R.B. 6

98–8, 1998–7 I.R.B. 24

98–9, 1998–6 I.R.B. 5

98–10, 1998–10 I.R.B. 11

98–11, 1998–10 I.R.B. 13

98–12, 1998–10 I.R.B. 5

98–13, 1998–11 I.R.B. 4

98–14, 1998–11 I.R.B. 4

98–15, 1998–12 I.R.B. 6

98–16, 1998–13 I.R.B. 18

98–17, 1998–13 I.R.B. 21

98–18, 1998–14 I.R.B. 22

98–19, 1998–15 I.R.B. 5

98–20, 1998–15 I.R.B. 8

98–21, 1998–18 I.R.B. 7

98–22, 1998–19 I.R.B. 5

98–23, 1998–18 I.R.B. 5

98–24, 1998–19 I.R.B. 6

98–25, 1998–19 I.R.B. 4

98–26, 1998–21 I.R.B. 4

98–27, 1998–22 I.R.B. 4

98–28, 1998–22 I.R.B. 5

98–29, 1998–24 I.R.B. 4

98–30, 1998–25 I.R.B. 8

98–31, 1998–25 I.R.B. 4

98–32, 1998–25 I.R.B. 4

98–33, 1998–27 I.R.B. 26

Treasury Decisions:

8740, 1998–3 I.R.B. 4

1 See footnote at end of list.

1998–28 I.R.B.

July 13, 1998

Numerical Finding List—Continued

Bulletins 1998–1 through 1998–27

Treasury Decisions—Continued

8741, 1998–3 I.R.B. 6

8742, 1998–5 I.R.B. 4

8743, 1998–7 I.R.B. 26

8744, 1998–7 I.R.B. 20

8745, 1998–7 I.R.B. 15

8746, 1998–7 I.R.B. 4

8747, 1998–7 I.R.B. 18

8748, 1998–8 I.R.B. 24

8749, 1998–7 I.R.B. 16

8750, 1998–8 I.R.B. 4

8751, 1998–10 I.R.B. 23

8752, 1998–9 I.R.B. 4

8753, 1998–9 I.R.B. 6

8754, 1998–10 I.R.B. 15

8755, 1998–10 I.R.B. 21

8756, 1998–12 I.R.B. 4

8757, 1998–13 I.R.B. 4

8758, 1998–13 I.R.B. 15

8759, 1998–13 I.R.B. 19

8760, 1998–14 I.R.B. 4

8761, 1998–14 I.R.B. 13

8762, 1998–14 I.R.B. 15

8763, 1998–15 I.R.B. 5

8764, 1998–15 I.R.B. 9

8765, 1998–16 I.R.B. 11

8766, 1998–16 I.R.B. 17

8767, 1998–16 I.R.B. 4

8768, 1998–20 I.R.B. 4

8770, 1998–27 I.R.B. 4

1 A cumulative list of all revenue rulings, revenue

procedures, Treasury decisions, etc., published in

Internal Revenue Bulletins 1997–27 through

1997–52 will be found in Internal Revenue Bulletin

1998–1, dated January 5, 1998.

July 13, 1998

1998–28 I.R.B.

Finding List of Current Action on

Previously Published Items1

Bulletins 1998–1 through 1998–27

Revenue Procedures:

91–59

Updated and superseded by

98–25, 1998–11 I.R.B. 7

94–16

Modified and superseded by

98–22, 1998–12 I.R.B. 11

Revenue Procedures—Continued

97–34

Superseded by

98–35, 1998–21 I.R.B. 6

97–35

Modified by

98–39, 1998–26 I.R.B. xx

97–53

Superseded by

98–3, 1998–1 I.R.B. 100

Revenue Rulings:

93–62

Modified and superseded by

98–22, 1998–12 I.R.B. 11

68–352

Obsoleted by

98–24, 1998–19 I.R.B. 6

95–35

95–35A

Superseded by

98–19, 1998–7 I.R.B. 30

70–225

Modified by

98–27, 1998–22 I.R.B. 4

96–29

Modified and superseded by

98–22, 1998–12 I.R.B. 11

97–1

Superseded by

98–1, 1998–1 I.R.B. 7

97–2

Superseded by

98–2, 1998–1 I.R.B. 74

97–3

Superseded by

98–3, 1998–1 I.R.B. 100

97–4

Superseded by

98–4, 1998–1 I.R.B. 113

73–198

Modified by

98–24, 1998–19 I.R.B. 6

75–17

Supplemented and superseded by

98–5, 1998–2 I.R.B. 20

75–406

Obsoleted by

98–27, 1998–22 I.R.B. 4

92–19

Supplemented in part by

98–2, 1998–2 I.R.B. 15

96–30

Obsoleted by

98–27, 1998–22 I.R.B. 4

97–5

Superseded by

98–5, 1998–1 I.R.B. 155

97–6

Superseded by

98–6, 1998–1 I.R.B. 183

97–7

Superseded by

98–7, 1998–1 I.R.B. 222

97–8

Superseded by

98–8, 1998–1 I.R.B. 225

97–21

Superseded by

98–2, 1998–1 I.R.B. 74

97–24

97–24A

Superseded by

98–33, 1998–19 I.R.B. 7

97–26

Obsoleted by

98–28, 1998–15 I.R.B. 14

97–28

Superseded by

98–36, 1998–23 I.R.B. 10

97–32

Superseded by

98–37, 1998–26 I.R.B. 6

1 A cumulative finding list for previously published

items mentioned in Internal Revenue Bulletins

1997–27 through 1997–52 will be found in Internal

Revenue Bulletin 1998–1, dated January 5, 1998.

1998–28 I.R.B.

July 13, 1998

Notes

July 13, 1998

1998–28 I.R.B.

INTERNAL REVENUE BULLETIN

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