# Bulletin No. 1998–28

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- **Document type:** Agency decision

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Bulletin No. 1998–28
July 13, 1998

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.

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.

2

Introduction
The Internal Revenue Bulletin is the authoritative instrument
of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service
and for publishing Treasury Decisions, Executive Orders, Tax
Conventions, legislation, court decisions, and other items of
general interest. It is published weekly and may be obtained
from the Superintendent of Documents on a subscription
basis. Bulletin contents of a permanent nature are consolidated semiannually into Cumulative Bulletins, which are sold
on a single-copy basis.

dures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances
are substantially the same.
The Bulletin is divided into four parts as follows:
Part I.—1986 Code.
This part includes rulings and decisions based on provisions
of the Internal Revenue Code of 1986.

It is the policy of the Service to publish in the Bulletin all substantive rulings necessary to promote a uniform application
of the tax laws, including all rulings that supersede, revoke,
modify, or amend any of those previously published in the
Bulletin. All published rulings apply retroactively unless otherwise indicated. Procedures relating solely to matters of internal management are not published; however, statements
of internal practices and procedures that affect the rights
and duties of taxpayers are published.

Part II.—Treaties and Tax Legislation.
This part is divided into two subparts as follows: Subpart A,
Tax Conventions, and Subpart B, Legislation and Related
Committee Reports.
Part III.—Administrative, Procedural, and Miscellaneous.
To the extent practicable, pertinent cross references to
these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rulings. Bank Secrecy Act Administrative Rulings
are issued by the Department of the Treasury’s Office of the
Assistant Secretary (Enforcement).

Revenue rulings represent the conclusions of the Service on
the application of the law to the pivotal facts stated in the
revenue ruling. In those based on positions taken in rulings
to taxpayers or technical advice to Service field offices,
identifying details and information of a confidential nature
are deleted to prevent unwarranted invasions of privacy and
to comply with statutory requirements.

Part IV.—Items of General Interest.
With the exception of the Notice of Proposed Rulemaking
and the disbarment and suspension list included in this part,
none of these announcements are consolidated in the Cumulative Bulletins.

Rulings and procedures reported in the Bulletin do not have
the force and effect of Treasury Department Regulations,
but they may be used as precedents. Unpublished rulings
will not be relied on, used, or cited as precedents by Service
personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and proce-

The first Bulletin for each month includes a cumulative index
for the matters published during the preceding months.
These monthly indexes are cumulated on a 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.

3

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.

4

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.

5

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

6

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);
or
(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.
(c) Age 701⁄2 distribution option. For
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

7

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
(c) is amended by adding an
entry in numerical order to the table to
read as follows:
§602.101 OMB Control numbers.
*

*

*

*

*

(c) * * *
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

8

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.

9

.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

10

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

3a

.184

7c

.4854 MCF

b

.13

8a

.15

c

.14242

b

.194

d

.15322

9a

.175

4

.184

b

.219

5a

.13

10a

.03956

b

.14242

b

.0297

c

.15322

c

.02152

6a-c

.244

11a

.1875

7a (LPG only)

.136

b

.17

b (LPG only)

.062

11

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.)
or
Transportation of property by air

After July 31, 1998,
and before Oct. 1, 1998,*

Oct. 5, 1998

Transportation of persons by air
or
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

12

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.

13

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

14

§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,
FL
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,
AR
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

15

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,
MO
American Way Charities Inc., Atlanta,
GA
AMTF Joint Theater Center Inc.,
Philadelphia, PA
Angels Place, Southfield, MI
Animal Shelter League Inc., High Point,
NC
Aretha Franklins Scholarship Awards
Inc., Birmingham, MI
Arizona Figure Skating Club, Phoenix,
AZ
Arizona Future Business Leaders of
America Phi Beta Lambda, Phoenix,
AZ
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,
AL
Bronco Soccer Club, Fenton, MO
Bruton Park Home Incorporated,
Hampton, VA
Business Volunteer Alliance, Englewood,
CO
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,
NC
Carroll Council Inc., Southlake, TX
Carroll County Women on the Move,
Westminster, MD
CASA Phoenix Incorporated, Sun City,
AZ
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,
TN
Centrada-Center for Alcohol and Drug
Addiction Services, Marysville, OH
Christopher Charity Inc., Columbus,
OH
Circleville Band Boosters, Circleville,
OH
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,
OH
Clinton Rotary Club Foundation, Clinton,
IA
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,
MN
Computers for Classrooms Inc., Atlanta,
GA
Cor Christi Inc., Whippany, NJ
Cornerstone Ministries, Rawlins, WY

16

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,
FL
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,
MI
DHS Orchestra Boosters Inc., Dunwoody,
GA
Diverse Financial Services, Houston,
TX
Dobson Rescue Squad Inc., Dobson, NC
Double D Thrift Inc., Minot, ND

1998–28 I.R.B.

Dr King Food & Shelter Center, Toledo,
OH
Dunbar Project, Baltimore, MD
Durham Communities in Schools Inc.,
Durham, NC
Durham Episcopal Housing Ministries,
Durham, NC
Eagle Point Parent Group Inc., Oakdale,
MN
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,
MS
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,
AZ
Foundation for Transplants for Needy
Children Inc., Morristown, NJ
Fourth Street Foundation Inc., Carrollton,
GA
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,
MS
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,
OK

17

Friends of the Park Foundation, Tilden,
NE
Friends of the Thomas-Foreman Home,
Muskogee, OK
Friends of the West Unity Library,
W Unity, OH
Friends of Vander Veer Inc., Davenport,
IA
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

18

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.

19

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

20

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.

21

July 13, 1998

Notes

July 13, 1998

22

1998–28 I.R.B.

INTERNAL REVENUE BULLETIN
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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Airs%3Ac3d9fcdcedc61733. Public record. Not legal advice.