Bulletin No. 1998–48

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Bulletin No. 1998–48

November 30, 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

Announcement 98–106, page 9.

The Service announces a change to the distribution codes to

be used on Form 1099–R, Distributions From Pensions,

Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance

Contracts, Etc., when reporting distributions from Roth IRAs.

EXEMPT ORGANIZATIONS

Announcement 98–107, page 10.

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

Announcement 98–108, page 11.

A public hearing on proposed regulations REG–121268–97,

1998–20 I.R.B. 12, which clarify when the travel and tour

Finding Lists begin on page 14.

Department of the Treasury

Internal Revenue Service

activities of tax exempt organizations are substantially related to the purposes for which exemption was granted, will be

held on February 10, 1999.

ADMINISTRATIVE

REG–102023–98, page 6.

Proposed regulations under section 6011 of the Code relate

to the requirements for filing partnership returns on magnetic media. A public hearing will be held January 13, 1999.

Rev. Proc. 98–57, page 5.

Qualified Zone Academy Bond Limitations for 1999.

This procedures sets forth the maximum face amount of

Qualified Zone Academy Bonds that may be issued for each

State in 1999. For this purpose “State” includes the District

of Columbia and the possessions of the United States.

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The IRS Mission

and by applying the tax law with integrity and fairness to

all.

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

Statement of Principles

of Internal Revenue

Tax Administration

The Service also has the responsibility of applying and

administering the law in a reasonable, practical manner.

Issues should only be raised by examining officers when

they have merit, never arbitrarily or for trading purposes.

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

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

adopt a position inconsistent with an established Service

position.

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

is determined by Congress.

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

policy by correctly applying the laws enacted by Congress;

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

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

neither a government nor a taxpayer point of view.

Administration should be both reasonable and vigorous. It

should be conducted with as little delay as possible and

with great courtesy and considerateness. It should never

try to overreach, and should be reasonable within the

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

should be relentless in its attack on unreal tax devices and

fraud.

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

is the responsibility of each person in the Service, charged

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

meaning of the statutory provision and not to adopt a

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

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

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Introduction

The Internal Revenue Bulletin is the authoritative instrument

of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service

and for publishing Treasury Decisions, Executive Orders, Tax

Conventions, legislation, court decisions, and other items of

general interest. It is published weekly and may be obtained

from the Superintendent of Documents on a subscription

basis. Bulletin contents of a permanent nature are consolidated semiannually into Cumulative Bulletins, which are sold

on a single-copy basis.

dures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances

are substantially the same.

The Bulletin is divided into four parts as follows:

Part I.—1986 Code.

This part includes rulings and decisions based on provisions

of the Internal Revenue Code of 1986.

It is the policy of the Service to publish in the Bulletin all substantive rulings necessary to promote a uniform application

of the tax laws, including all rulings that supersede, revoke,

modify, or amend any of those previously published in the

Bulletin. All published rulings apply retroactively unless otherwise indicated. Procedures relating solely to matters of internal management are not published; however, statements

of internal practices and procedures that affect the rights

and duties of taxpayers are published.

Part II.—Treaties and Tax Legislation.

This part is divided into two subparts as follows: Subpart A,

Tax Conventions, and Subpart B, Legislation and Related

Committee Reports.

Part III.—Administrative, Procedural, and Miscellaneous.

To the extent practicable, pertinent cross references to

these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rulings. Bank Secrecy Act Administrative Rulings

are issued by the Department of the Treasury’s Office of the

Assistant Secretary (Enforcement).

Revenue rulings represent the conclusions of the Service on

the application of the law to the pivotal facts stated in the

revenue ruling. In those based on positions taken in rulings

to taxpayers or technical advice to Service field offices,

identifying details and information of a confidential nature

are deleted to prevent unwarranted invasions of privacy and

to comply with statutory requirements.

Part IV.—Items of General Interest.

With the exception of the Notice of Proposed Rulemaking

and the disbarment and suspension list included in this part,

none of these announcements are consolidated in the Cumulative Bulletins.

Rulings and procedures reported in the Bulletin do not have

the force and effect of Treasury Department Regulations,

but they may be used as precedents. Unpublished rulings

will not be relied on, used, or cited as precedents by Service

personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and proce-

The first Bulletin for each month includes a cumulative index

for the matters published during the preceding months.

These monthly indexes are cumulated on a 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

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

Section 1397E.—Credit to

Holders of Qualified Zone

Academy Bonds

What is the 1999 qualified zone academy bond

national limitation for each State, the District of Columbia, and the possessions of the United States?

See Rev. Proc. 98–57, page 5.

November 30, 1998

4

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Part III. Administrative, Procedural, and Miscellaneous

26 CFR 601.601: Rules and regulations.

(Also Part I, § 1397E)

Rev. Proc. 98–57

SECTION 1. PURPOSE

This revenue procedure sets forth the

maximum face amount of Qualified Zone

Academy Bonds (“Bond” or “Bonds”)

that may be issued for each State during

1999. For this purpose “State” includes

the District of Columbia and the possessions of the United States.

SECTION 3. SCOPE

This revenue procedure applies to

Bonds issued under § 1397E during 1999.

SECTION 4. NATIONAL QUALIFIED

ZONE ACADEMY BOND

LIMITATION FOR 1999

The total face amount of bonds that

may be issued in 1999 is $400 million.

This amount is allocated among the States

as follows:

SECTION 2. BACKGROUND

.01 Section 226 of the Tax Relief Act

of 1997, Pub. L. 105–34, 111 Stat. 788

(1997), added § 1397E to the Internal

Revenue Code to provide a credit to holders of Bonds under certain circumstances

so that the Bonds generally can be issued

without discount or interest. Ninety-five

percent of Bond proceeds are to be used

for qualified purposes, as defined by

§ 1397E(d)(5), with respect to a qualified

zone academy, as defined by

§ 1397E(d)(4).

.02 The aggregate amount of Bonds

that may be issued for the States is limited

to $400 million for 1998 and $400 million

for 1999 (the “national limitation”), unless the carryover provisions of

§ 1397E(e)(4) apply. This amount is to be

allocated among the States by the Secretary on the basis of their respective populations below the poverty level (as defined by the Office of Management and

Budget) and is to be further allocated by

the State to qualified zone academies

within the State or possession. A State

may carry forward to the next calendar

year any amount of an allocation of the

national limitation for a calendar year that

is in excess of the amount of Bonds issued

during that calendar year that are designated with respect to qualified academies

within the State.

.03 Rev. Proc. 98–9, 1998–3 I.R.B. 56,

allocated the national limitation for 1998

among the States and possessions.

1998–48 I.R.B.

STATE

MAXIMUM FACE

AMOUNT OF

BONDS THAT

MAY BE ISSUED

DURING 1999

(thousands of dollars)

ALABAMA

ALASKA

ARIZONA

ARKANSAS

CALIFORNIA

COLORADO

CONNECTICUT

DELAWARE

DISTRICT OF

COLUMBIA

FLORIDA

GEORGIA

HAWAII

IDAHO

ILLINOIS

INDIANA

IOWA

KANSAS

KENTUCKY

LOUISIANA

MAINE

MARYLAND

MASSACHUSETTS

MICHIGAN

MINNESOTA

MISSISSIPPI

MISSOURI

MONTANA

NEBRASKA

NEVADA

NEW HAMPSHIRE

5

$ 7,015

591

8,408

5,433

57,589

3,376

2,975

760

1,192

21,689

11,699

1,730

1,931

14,231

5,433

2,848

2,637

6,572

7,290

1,308

4,452

7,722

10,613

4,821

4,800

6,614

1,466

1,720

2,004

1,150

STATE

MAXIMUM FACE

AMOUNT OF

BONDS THAT

MAY BE ISSUED

DURING 1999

(thousands of dollars)

NEW JERSEY

NEW MEXICO

NEW YORK

NORTH CAROLINA

NORTH DAKOTA

OHIO

OKLAHOMA

OREGON

PENNSYLVANIA

RHODE ISLAND

SOUTH CAROLINA

SOUTH DAKOTA

TENNESSEE

TEXAS

UTAH

VERMONT

VIRGINIA

WASHINGTON

WEST VIRGINIA

WISCONSIN

WYOMING

AMERICAN SAMOA

GUAM

NORTHERN

MARIANAS

PUERTO RICO

VIRGIN ISLANDS

$ 7,775

4,083

31,426

8,851

918

12,986

4,810

4,030

14,104

1,266

5,275

1,234

8,345

34,781

1,952

570

9,051

5,581

3,017

4,452

696

367

217

337

23,484

323

SECTION 6. EFFECTIVE DATE

This revenue procedure applies to

Bonds issued after December 31, 1998.

DRAFTING INFORMATION

The principal author of this revenue

procedure is Rose Weber of the Office of

Assistant Chief Counsel (Financial Institutions & Products). For further information regarding this revenue procedure

contact Ms. Weber on (202) 622-3980

(not a toll free call).

November 30, 1998

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Part IV. Items of General Interest

Notice of Proposed Rulemaking

and Notice of Public Hearing

Partnership Returns Required on

Magnetic Media

REG–102023–98

AGENCY: Internal Revenue Service

(IRS), Treasury.

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

SUMMARY: This document contains

proposed regulations relating to the requirements for filing partnership returns

on magnetic media under section 6011(e)

of the Internal Revenue Code. The proposed regulations reflect changes to the

law made by the Taxpayer Relief Act of

1997. The proposed regulations affect

partnerships with more than 100 partners.

This document also provides a notice of a

public hearing on these proposed regulations.

DATES: Written comments must be received by January 21, 1999. Requests to

speak (with outlines of oral comments) at

the public hearing scheduled for January

13, 1999, must be received by December

23, 1998.

ADDRESSES: Send submissions to:

CC:DOM:CORP:R (REG–102023–98),

Room 5228, Internal Revenue Service,

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

hand delivered Monday through Friday

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

CC:DOM:CORP:R (REG–102023–98),

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

Washington, DC.

Alternatively, taxpayers may submit comments electronically via the Internet by

selecting the “Tax Regs” option on the

IRS Home Page, or by submitting comments directly to the IRS Internet site at

htpp://www.irs.ustreas.gov/prod/tax_regs/

comments.html. The public hearing will

be held in Room 2615, Internal Revenue

Building, 1111 Constitution Avenue, NW,

Washington, DC 20224.

November 30, 1998

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Bridget E. Finkenaur, 202-6224940; concerning submissions of

comments, the hearing, and/or to be

placed on the building access list to attend

the hearing, Mike Slaughter, 202-6227190 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background

This document contains proposed

amendments to the Regulations on Procedure and Administration (26 CFR part

301) relating to the filing of partnership

returns on magnetic media under section

6011(e)(2) of the Internal Revenue Code.

Section 6011(e)(2) was amended by section 1224 of the Taxpayer Relief Act of

1997, Public Law 105–34 (111 Stat. 788

(1997)) (the Act), effective for taxable

years ending on or after December 31,

1997. Section 6012(e) of the Internal

Revenue Service Restructuring and Reform Act of 1998, Public Law 105–206

(112 Stat. 685 (1998)), changes the effective date of section 1224 of the Act to taxable years beginning after December 31,

1997.

Section 6011(e) authorizes the Secretary to prescribe regulations providing the

standards for determining which returns

must be filed on magnetic media or in

other machine-readable form. Section

6011(e)(2)(A) provides that the regulations may not require any person to file

returns on magnetic media unless the person is required to file at least 250 returns

during the calendar year. However, the

last sentence of section 6011(e)(2), which

was added by section 1224 of the Act,

provides that the Secretary must prescribe

regulations requiring partnerships with

more than 100 partners to file returns on

magnetic media. In addition, section

6011(e)(2)(B) requires that the regulations take into account (among other relevant factors) the ability of the taxpayer to

comply at reasonable cost with the requirements of the regulations.

Currently, the IRS permits certain partnerships to file their partnership returns on

magnetic media (including magnetic tape,

floppy disk, and electronic filing) with the

6

Internal Revenue Service Center in Andover, Massachusetts. Under this voluntary program, participants have the option

of: (1) submitting the entire partnership

tax return (including Form 1065, U.S.

Partnership Return of Income, Schedules

K-1, Partner’s Share of Income, Credits,

Deductions, etc., and all other related

forms and schedules) on magnetic media,

or (2) submitting only the Schedules K-1

on magnetic media and filing the rest of

the partnership return on paper.

In Notice 97–77 (1997–52 I.R.B. 18

(December 29, 1997)), the IRS notified

taxpayers that the Act’s amendment to

section 6011(e)(2) is not self-executing.

Rather, the IRS must first issue regulations that would require partnerships with

more than 100 partners to file their partnership returns on magnetic media. Accordingly, partnerships were not required

to file their 1997 partnership returns on

magnetic media.

Explanation of Provisions

In General

The proposed regulations provide that

partnerships with more than 100 partners

must file their partnership returns on magnetic media. The determination of

whether a partnership has more than 100

partners is made by counting the number

of partners the partnership had over the

partnership’s taxable year, regardless of

whether a partner was a partner for the entire year or whether the partnership had

over 100 partners on any particular day in

the year.

The proposed regulations provide that a

partnership return is a form in Series 1065

(including Form 1065, U.S. Partnership

Return of Income, and Form 1065–B,

U.S. Return of Income for Electing Large

Partnerships), along with the corresponding Schedules K-1 and all other related

forms and schedules that are required to

be attached to the Series 1065 form.

Magnetic media means any magnetic

media permitted under applicable regulations, revenue procedures, or publications. The IRS will prescribe procedures

for participation in the mandatory magnetic media filing program for partnerships with more than 100 partners. In-

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cluded in those procedures will be methods for registering for the program and

signing the partnership return. The procedures will be contained in applicable revenue procedures or publications.

The term magnetic media generally includes magnetic tape, tape cartridge, and

diskette, as well as other media (such as

electronic filing). Consistent with the definition of magnetic media in other regulations, the proposed regulations define

magnetic media broadly. However, under

these regulations, the Service plans to require partnerships with more than 100

partners to file their partnership returns

electronically. These requirements for

electronic filing will be detailed in applicable revenue procedures or publications.

The IRS and Treasury Department believe that requiring affected partnerships

to file electronically will enhance the

quality of IRS’s customer service and will

reduce the costs associated with maintaining the ability to accept forms in a variety

of magnetic media. Furthermore, the IRS

and Treasury Department believe that

electronic filing has less burden on taxpayers than filing using other forms of

magnetic media.

Electronic filing reduces the normal

processing time associated with paper returns in that there is minimal hands-on

processing and, therefore, there are no paperwork delays. Faster processing means

faster settling of accounts and better customer service. Electronic filing also reduces errors and increases security by reducing duplicate or erroneous returns. In

addition, taxpayers receive prompt acknowledgment that their returns have

been received and accepted by the Internal Revenue Service. Finally, electronic

filing reduces the operating costs for taxpayers whose data already resides on a

computer system. Overall, electronic filing of partnership returns should increase

customer satisfaction and confidence in

the filing process, and be more cost effective for partnerships.

Although the IRS Service Center in

Andover, Massachusetts currently accepts

returns in the voluntary program on various forms of magnetic media, the systems

at this facility are not year 2000 compliant

and will not be in operation after 1999.

Accordingly, in designing its new magnetic media systems to accept electroni-

1998–48 I.R.B.

cally filed returns only, the IRS anticipates that it will no longer be able to accept returns filed in the form currently

used by some partnerships in the voluntary program.

Hardship Waiver

The proposed regulations provide procedures for granting waivers of the magnetic media filing requirements for one or

more years in cases of hardship. A determination of hardship will be based upon

all of the facts and circumstances. Some

factors that will be considered in granting

waivers include the reasonableness of the

incremental cost to the partnership of

complying with the magnetic media filing

requirements as well as temporary equipment breakdowns and destruction of magnetic media filing equipment.

Penalties

The proposed regulations provide that

if a partnership has more than 100 partners and is required to file a partnership

return, but fails to file its Series 1065

form, accompanying Schedules K-1, and

all other related forms and schedules in

the manner required, the partnership is

deemed to have failed to file correct information returns for purposes of the information reporting penalty under section

6721. Penalties for failure to file correct

information returns would apply for each

Schedule K-1 that is not filed using permissible magnetic media.

Proposed Effective Dates

The IRS is currently focusing a significant portion of its resources on the Year

2000 date change. In addition, the IRS is

developing new programs to accommodate the new Form 1065–B and partnership returns filed with a foreign address

on the Series 1065 form. Further, partnerships will have to update their processes

and technology to implement the electronic filing requirements.

Taking these factors into consideration,

the proposed regulations would delay the

effective date for filing partnership returns on magnetic media, and phase in the

magnetic media filing of certain partnership returns. Thus, the proposed regulations would be generally effective for

partnership returns for partnership taxable

7

years ending on or after December 31,

1999. However, electing large partnerships under section 775 and partnerships

using foreign addresses on their Series

1065 forms would not be required to file

their partnership returns using magnetic

media for taxable years ending before

January 1, 2001.

Special Analyses

It is hereby certified that the regulations in this document will not have a significant economic impact on a substantial

number of small entities. This certification is based on a determination that these

regulations will impose no additional reporting or recordkeeping requirement and

will prescribe only the method for filing

partnership returns that are already required to be filed under section 6031. Accordingly, a Regulatory Flexibility Analysis under the Regulatory Flexibility Act (5

U.S.C. chapter 6) is not required.

It has been determined that this notice

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

12866. Therefore, a regulatory assessment is not required.

Pursuant to section 7805(f) of the Internal Revenue Code, this notice of proposed rulemaking will be submitted to the

Chief Counsel for Advocacy of the Small

Business Administration for comment on

its impact on small business.

Comments and Public Hearing

Before these proposed regulations are

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

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

A public hearing has been scheduled

for Wednesday, January 13, 1999, at 10

a.m. in Room 2615 of the Internal Revenue Building, 1111 Constitution Avenue, NW, Washington, DC. Due to

building security procedures, visitors

must enter at the 10th Street entrance, located between Constitution and Pennsylvania Avenues, NW. In addition, all visitors must present photo identification to

enter the building. Because of access restrictions, visitors will not be admitted beyond the immediate entrance area more

than 15 minutes before the hearing starts.

For information about having your name

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placed on the building access list to attend

the hearing, see the “FOR FURTHER INFORMATION CONTACT” section of

this preamble.

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

apply to the hearing.

Persons that wish to present oral comments at the hearing must submit comments and an outline of the topics to be

discussed and the time to be devoted to

each topic by December 23, 1998.

A period of 10 minutes will be allotted

to each person for making comments.

An agenda showing the scheduling of

the speakers will be prepared after the

deadline for receiving outlines has

passed. Copies of the agenda will be

available free of charge at the hearing.

Drafting Information

The principal author of these proposed

regulations is Bridget E. Finkenaur, Office of the Assistant Chief Counsel (Income Tax and Accounting). However,

other personnel from the IRS and Treasury Department participated in the development of these proposed regulations.

* * * * *

Proposed Amendments to the Regulations

Accordingly, 26 CFR parts 1 and 301

are proposed to be amended as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation for

part 1 continues to read as follows:

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

Par. 2 Section 1.6031(a) as proposed to

be added at 63 F.R. 3679 is amended by

adding paragraph (e)(i)(iv) read as follows:

§1.6031(a)–1 Return of partnership

income.

* * * * *

(e) * * *

(1) * * *

(iv) Returns filed on magnetic media.

Notwithstanding the provisions of paragraphs (e)(1)(i) and (ii) of this section, the

return of a partnership that is required to

be filed on magnetic media under

§301.6011–3 of this chapter must be filed

at the Service Center indicated in relevant

Internal Revenue Service revenue proce-

November 30, 1998

dures, publications, forms, or instructions.

* * * * *

PART 301—PROCEDURE AND

ADMINISTRATION

Par. 4. The authority citation for part

301 is amended by adding an entry in numerical order to read as follows:

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

Section 301.6011–3 also issued under 26

U.S.C. 6011; * * *

Par. 5. Section 301.6011–3 is added to

read as follows:

§301.6011–3 Required use of magnetic

media for partnership returns.

(a) Partnership returns required on

magnetic media. If a partnership with

more than 100 partners is required to file

a partnership return pursuant to

§1.6031(a)–1 of this chapter, the information required by the applicable forms and

schedules must be filed on magnetic

media, except as otherwise provided in

paragraph (b) of this section. Returns

filed on magnetic media must be made in

accordance with applicable revenue procedures or publications. In prescribing

revenue procedures or publications, the

Commissioner may determine that partnerships will be required to use any one

form of magnetic media filing. For example, the Commissioner may determine

that partnerships with more than 100 partners must file their partnership returns

electronically. In filing its return, a partnership must register to participate in the

magnetic media filing program in the

manner prescribed by the Internal Revenue Service in applicable revenue procedures or publications.

(b) Waiver. The Commissioner may

waive the requirements of this section if

hardship is shown in a request for waiver

filed in accordance with this paragraph

(b). A determination of hardship will be

based upon all of the facts and circumstances. One factor in determining hardship will be the reasonableness of the incremental cost to the partnership of

complying with the magnetic media filing

requirements. Other factors, such as

equipment breakdowns or destruction of

magnetic media filing equipment, also

may be considered. A request for waiver

must be made in accordance with applica-

8

ble revenue procedures or publications.

The waiver will specify the type of partnership return and the period to which it

applies. The waiver will also be subject

to such terms and conditions regarding

the method of filing as may be prescribed

by the Commissioner.

(c) Failure to file. If a partnership

fails to file a partnership return on magnetic media in the manner required and

when required to do so by this section, the

partnership will be deemed to have failed

to file the return in the manner prescribed

for purposes of the information return

penalty under §6721. See §301.6724–

1(c)(3) for rules regarding the waiver of

penalties for undue economic hardship

relating to filing returns on magnetic

media.

(d) Meaning of terms. The following

definitions apply for purposes of this section:

(1) Magnetic media. The term magnetic media means any magnetic media

permitted under applicable regulations,

revenue procedures, or publications.

These generally include magnetic tape,

tape cartridge, and diskette, as well as

other media (such as electronic filing)

specifically permitted under the applicable

regulations, procedures, or publications.

(2) Partnership. The term partnership

means a partnership as defined in §1.7611(a) of this chapter.

(3) Partner. The term partner means a

member of a partnership as defined in

§7701(a)(2).

(4) Partnership return. The term partnership return means a form in Series

1065 (including Form 1065, U.S. Partnership Return of Income, and Form 1065-B,

U.S. Return of Income for Electing Large

Partnerships), along with the corresponding Schedules K-1 and all other related

forms and schedules that are required to

be attached to the Series 1065 form.

(5) Partnerships with more than 100

partners. A partnership has more than

100 partners if, over the course of the

partnership’s taxable year, the partnership

had more than 100 partners, regardless of

whether a partner was a partner for the entire year or whether the partnership had

over 100 partners on any particular day in

the year. For purposes of this paragraph

(d)(5), however, only those persons having a direct interest in the partnership

1998–48 I.R.B.

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Page 9

must be considered partners for purposes

of determining the number of partners

during the partnership’s taxable year.

(e) Examples. The following examples

illustrate the provisions of paragraph

(d)(5) of this section. In the examples, the

partnerships utilize the calendar year, and

the taxable year in question is 1999:

Example 1. Partnership P had five general partners and 90 limited partners on January 1, 1999. On

March 15, 1999, 10 more limited partners acquired

an interest in P. On September 30, 1999, the 10

newest partners sold their individual partnership interests to C, a corporation which was one of the original 90 limited partners. On December 31, 1999, P

had the same five general partners and 90 limited

partners it had on January 1, 1999. P had a total of

105 partners over the course of partnership taxable

year 1999. Therefore, P must file its 1999 partnership return on magnetic media.

Example 2. Partnership Q is a general partnership that had 95 partners on January 1, 1999. On

March 15, 1999, 10 partners sold their individual

partnership interests to corporation D, which was

not previously a partner in Q. On September 30,

1999, corporation D sold one-half of its partnership

interest in equal shares to five individuals, who were

not previously partners in Q. On December 31,

1999, Q had a total of 91 partners, and on no date in

the year did Q have more than 100 partners. Over

the course of the year, however, Q had 101 partners.

Therefore, Q must file its 1999 partnership return on

magnetic media.

Example 3. Partnership G is a general partnership with 100 partners on January 1, 1999. There

are no new partners added to G in 1999. One of G’s

partners, A, is a partnership with 53 partners. A is

one partner, regardless of the number of partners A

has. Therefore, G has 100 partners and is not required to file its 1999 partnership return on magnetic

media.

(f) Effective date. In general, this section applies to partnership returns for taxable years ending on or after December

31, 1999. However, electing large partnerships under §775 and partnerships

using foreign addresses on their Series

1065 forms are not required to file using

magnetic media for taxable years ending

before January 1, 2001.

Par. 6. Section 301.6031–1 is revised

to read as follows:

§301.6031–1 Return of partnership

income.

For provisions relating to the requirement of returns of partnership income, see

§1.6031(a)–1 of this chapter. For provisions relating to magnetic media filing of

partnership returns, see §301.6011–3.

Par. 7. Section 301.6721–1 is amended

by removing the third, fourth, and fifth

sentences of paragraph (a)(2)(ii) and

adding four sentences in their place to

read as follows:

§301.6721–1 Failure to file correct

information returns.

(2) * * *

(ii) * * * However, no penalty is imposed under paragraph (a)(1) of this section solely by reason of any failure to

comply with the requirements of

§6011(e)(2), except to the extent that such

a failure occurs with respect to more than

250 information returns (the 250-threshold requirement) or in the case of a partnership with more than 100 partners,

more than 100 information returns (the

100-threshold requirement) (collectively,

the threshold requirements). Each Schedule K-1 considered in applying the 100threshold requirement will be treated as a

separate information return. These

threshold requirements apply separately

to each type of information return required to be filed. Further, these threshold requirements apply separately to original and corrected returns. * * *

* * * * *

Michael P. Dolan,

Deputy Commissioner of

Internal Revenue.

(Filed by the Office of the Federal Register on

October 22, 1998, 8:45 a.m., and published in the

issue of the Federal Register for October 23, 1998,

63 F.R. 56878)

(a) * * *

Changes to Codes for Roth IRAs on Form 1099–R

Announcement 98–106

Purpose

The purpose of this announcement is to advise payers making distributions from Roth IRAs of

changes to the distributions codes on Form 1099–R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.

Background

The Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105–206) amended

Internal Revenue Code section 408A, dealing with Roth IRAs. Because of these amendments, the

Service has concluded that code K (Distribution from a 1998 Roth conversion IRA in the first 5 years)

on the 1998 Form 1099–R may not be needed. In addition, a new code for recharacterizations is

needed.

1998 Form 1099–R

Code K, to be used in box 7 on the 1998 Form 1099–R, is now optional. All distributions from a Roth

IRA or Roth conversion IRA can be reported using code J, Distribution from a Roth IRA in first 5

years, in box 7.

1999 Form 1099–R

Code K will be eliminated on the 1999 Form 1099–R. Code J will be changed to “Distribution from a

Roth IRA.” Use Code J when reporting any distribution from a Roth IRA or Roth conversion IRA.

Code R, Recharacterized IRA contribution, will be added to identify a recharacterization of an IRA

contribution.

1998–48 I.R.B.

9

November 30, 1998

IRB 1998-48

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Page 10

Foundations Status of Certain

Organizations

Announcement 98–107

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:

Austin Metropolitan Economic

Development Corporation, Austin, TX

Autonomous Zone Foundation, Chicago,

IL

Avery County Agricultural and

Horticultural Fair Inc., Newland, NC

Awakening Inc., Milwaukee, WI

Awareness Communication Incorporated,

Williamsport, PA

B & J Community Care Home,

Columbia, SC

B A I R, South San Francisco, CA

B A Y Theatre Co. Inc., Birmingham,

AL

BABC Inc., Denver, CO

Babe Ruth League of Brockton,

Brockton, MA

Babe Ruth League of Somerville Inc.,

Somerville, MA

Backcountry Volunteers Inc., N. Scituate,

MA

Backstage Inc., Decatur, AL

Backstage Productions Inc., Atlanta, GA

Bainbridge Educational Foundation Inc.,

Princeton, NJ

Bakersfield Alliance Soccer Club,

Bakersfield, CA

Balkan Rape Trauma Response Coalition,

Chicago, IL

Ballet Theatre North, Northbrook, IL

Baltimore Softball Club, Baltimore, MD

Banyan House Inc., Sarasota, FL

Barnell Communications Inc., Miami, FL

November 30, 1998

Baroda Charitable Educational Fund Inc.,

Bristol, PA

Barren River Imaginative Museum of

Science Inc., Bowling Green, KY

Basic 4 Food and Nutrition Program,

Houston, TX

Basic of Louisiana Inc., New Orleans,

LA

Batesville Community Day Care Inc.,

Batesville, IN

Battered and Harassed Women and

Children Incorporated, Houston, TX

Battered Womens Fund, Tyler, TX

Bay Area Homes Network, Antioch, CA

Bay Area Multicultural

Telecommunications Association, San

Francisco, CA

Bay City Youth Football Association,

Bay City, TX

Bay Minette Rotary Village Inc., Bay

Minette, AL

Bayards Chimney Rock Museum,

Bayard, NE

Baylor Ministries Inc., Moreno Valley,

CA

BBB Housing Inc., Youngstown, OH

BCCU Inc. Clearfield, Clearfield, UT

BDC Brokerage Management

Corporation, Baltimore, MD

Be True To Yourself Foundation, Seattle,

WA

Beaverhead Community Food Pantry

Inc., Ellon, MT

Beck Hilderbrand Historic Preservation

Commission Inc., Bixby, OK

Becky Bos Memorial Scholarship Fund,

East Jordan, MI

Beeches Crabtree Foundation Inc.,

Guthrie, OK

Believe Inc., Fort Worth, TX

Bells for Books Inc., Boise, ID

Bellwether Community Loan Fund Inc.,

Toledo, OH

Belmont Dare Inc., Belmont, MA

Beloved Ministries, Corpus Christi, TX

Beltway Lady Cougars Inc., Upper

Marlboro, MD

Ben Radar Youth Foundation, Lewes, DE

Bergen Girls Recreational Softball

League Inc., Montvale, NJ

Berkshire School of Creative Speech Inc.,

Great Barriugton, MA

Berry Basket Quilters Inc., Medford, NJ

Best Care Help Services, Humble, TX

Beta Beta Educational Foundation Inc.,

Indianapolis, IN

Beth Dudley Scholarship Fund, Marietta,

GA

10

Bethabara Shoppes Inc., Winston Salem,

NC

Bethel Cultural Community

Development Center Inc., Brooklyn,

NY

Bethesda After-School Care Program

Inc., Aberdeen, NC

Bethesda House Inc., Brooklyn, NY

Bethlehem Inc., Bethany, OK

Bettendorf Jaycees Foundation,

Bettendorf, IA

Better Quality of Life Inc., Landover,

MD

Between Us Sisters Starting to Operate

Proficiently, Stockton, CA

BEU Community Housing Development

Organization Inc., Cleveland, OH

Beverly Park Playground Project,

Livonia, MI

Bi-State Illinois and Iowa Chapter of the

Southern Christian, Rock Island, IL

Bicycle Transportation Alliance of

Portland Inc., Portland, ME

Big Brother and Big Sister Inc.,

Bismarck, ND

Big Brother Big Sister of the Midlands,

Santee, SC

Big Brothers and Big Sisters of N.

Central Arkansas Inc., Conway, AR

Big Brothers Big Sisters Foundation of

Manatee County Florida Inc.,

Bradenton, FL

Big Lake Elementary School Parent

Teacher Student Organization, Elk

River, MN

Big Sky Sculpture Council, Billings, MT

Big World Ventures Inc., Albuquerque,

NM

Bill Cobb Ministries Inc., Bethany, OK

Billerica Youth Soccer Association,

Billerica, MA

Binghamton Outreach Center Inc.,

Binghamton, NY

Bios the Western New York Lead

Institute, Buffalo, NY

Birmingham Association of Black

Journalists Inc., Birmingham, AL

Birth Parents Support, Cincinnati, OH

Birthright of Greater Meriden Inc.,

Meriden, CT

Black Family Foundation Inc., Brooklyn,

NY

Black Healthcare Initiative Coalition Inc.,

Rockford, IL

Black Sheep Theater Company Inc.,

New York, NY

Black United Federation of Texas

Charities Inc., Houston, TX

1998–48 I.R.B.

IRB 1998-48

11/25/98 3:35 PM

Page 11

Black Women Community Organization

Inc., Kansas City, KS

Blackhawk Central City Railway &

Mining Museum LTD., Englewood,

CO

Blacks United to Save Our Youths,

Cleveland, OH

Blanchard School Parent Advisory

Council Inc., Uxbridge, MA

Blink Inc., Visalia, CA

Bloomfield Academy Inc., Bloomfield,

CT

Bludance Theatre Inc., Kent, CT

Blue Veil Ministry Inc., Tucson, AZ

Blue World Conservancy LTS., Haddam,

CT

Bluff Swamp Wildlife Refuge &

Botanical Garden Inc., Prairieville, LA

Blunt Park Athletic Assoc. of Springfield

Massachusetts, Springfield, MA

BNS Family Solutions, Kalamazoo, MI

Bob Fry Memorial Golf Tournament,

Walcott, IA

Bob Smith Ministries Inc., Boca Raton,

FL

Boise Basin Interpretive Association Inc.,

Idaho City, ID

Book-Link Foundation Inc., Tupelo, MS

Books Building a Childs Future, Irving,

TX

Books for Life, Pittsford, VT

Bookworms Resource Center,

Philadelphia, PA

Boone County Court Appointed Special

Advocate Inc., Florence, KY

Bosque County Tourism Council

Incorporated, Meridian, TX

Boulder County Business Hall of Fame

Inc., Boulder, CO

Boulder-Dushanbe Teahouse Trust,

Boulder, CO

Boulder Valley Hockey Foundation,

Boulder, CO

Boulderiety Inc., Boulder, CO

Bound for Success, Dallas, TX

Boyd Adult Care Group Homes

Incorporated, Toledo, OH

Boys & Girls Club of Warren Inc.,

Warren, MA

Boys and Girls Club of Chico California

Inc., Chico, CA

Boys and Girls Club of Wayne and Pike

Counties Inc., Hamlin, PA

Brad Smith Music Ministries,

Brentwood, TN

Brazos 2020 Vision Inc., Bryan, TX

Brazos Summer Explorers Inc., Bryan,

TX

1998–48 I.R.B.

Brazos Valley Regional Advisory

Council, College Station, TX

Bread of Life Christian Mission, Plant

City, FL

Breast Cancer Coalition of NJ Inc.,

Trenton, NJ

Brenham-Washington County Swim Club

Inc., Brenham, TX

Bridge and Gate Productions Inc.,

Sunnyvale, CA

Bridge to Victory Inc., Ft. Lauderdale, FL

Bridgeport Cultural Trust Inc.,

Bridgeport, CT

Bridges to Community Inc., Chappaqua,

NY

Bridgewater Partnership Inc.,

Bridgewater, MA

Bridgework for a Better Tomorrow

Association, Raleigh, NC

Briggs-Delaine Cultural Center,

Summerton, SC

Bristow Education Foundation Inc.,

Bristow, OK

British American Drama Academy,

San Francisco, CA

Broadhurst Charity Foundation,

Manchester, MO

Bronx Second Chance Project Inc.,

Bronx, NY

Brooks Brothers Christian Alliance

Incorporated, Tulsa, OK

Brookside Housing Services Corp., South

Plainfield, NJ

Broome County Sheriffs Foundation,

Vestal, NY

Brotherhood Association of America

Development Inc., Oklahoma City, OK

Broussards Nutrition Program, Houston,

TX

Brownsville Area Redstone Field Light

Committee, Brownsville, PA

Brownsville Boxing Club, Brownsville,

TX

Brownsville Community Neighborhood

Action Center No. 1, Brooklyn, NY

Bruce Williams Ministries Inc.,

Columbia, SC

Bryan Police Activities League Inc.,

Bryan, TX

Buckeye Cheerleading Coaches

Association Inc., Canton, OH

Bucks County Christian Action Council,

Doylestown, PA

Buffalo Coalition for Common Ground,

Buffalo, NY

Buffalo Public Housing Resident Council

Corp., Buffalo, NY

Build America Inc., Overland Park, KS

11

Builders for Peace Inc., Washington, DC

Building Bridges Inc., Monticello, MN

Bunker Softball Association, Bunker, MO

Burlington Symphony Orchestra,

Burlington, NJ

Business-Higher Education Federation,

Washington, DC

Butler County Men Mission Inc.,

Eldorado, KS

By His Spirit Ministries, Titusville, FL

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.

Travel and Tour Activities of

Exempt Organizations; Hearing

Announcement 98–108

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Notice of public hearing on

proposed rulemaking.

SUMMARY: This document contains a

notice of public hearing on proposed regulations that clarify when the travel and

tour activities of tax exempt organizations

are substantially related to the purposes

for which exemption was granted.

DATES: The public hearing is being held

on Wednesday, February 10, 1999, at 10

a.m. The IRS must receive outlines of

topics to be discussed at the hearing by

January 20, 1999.

ADDRESSES: The public hearing is

being held in room 2615, Internal Revenue Building, 1111 Constitution Avenue,

NW, Washington, DC. Due to building

security procedures, visitors must enter at

the 10th Street entrance, located between

Constitution and Pennsylvania Avenues,

NW. In addition, all visitors must present

photo identification to enter the building.

November 30, 1998

IRB 1998-48

11/25/98 3:35 PM

Page 12

Mail outlines to: CC:DOM:CORP:R

(REG–121268–97), room 5226, Internal

Revenue Service, POB 7604, Ben

Franklin Station, Washington, DC 20044.

Hand deliver outlines Monday through

Friday between the hours of 8 a.m. and 5

p.m. to: CC:DOM:CORP:R (REG–

121268–97), Courier’s Desk, Internal

Revenue Service, 1111 Constitution

Avenue, NW, Washington, DC. Submit

outlines electronically via the Internet by

selecting the “Tax Regs” option on the

IRS Home Page, or by submitting them

directly to the IRS Internet site at

http://www.irs.ustreas.gov/prod/tax_regs/

comments.html.

FOR FURTHER INFORMATION CONTACT: Concerning submissions of comments, the hearing, and/or to be placed on

the building access list to attend the hear-

November 30, 1998

ing LaNita VanDyke, (202) 622-7190 (not

a toll-free number).

SUPPLEMENTARY INFORMATION:

The subject of the public hearing is

proposed regulations (REG–121268–97)

that were published in the Federal Register on April 23, 1998 (63 F.R. 20156

[1998–20 I.R.B. 12]).

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

apply to the hearing.

Persons who have submitted written

comments and wish to present oral comments at the hearing, must submit an outline of the topics to be discussed and the

amount of time to be devoted to each

topic (signed original and eight (8)

copies) by January 20, 1999.

A period of 10 minutes is allotted to

each person for presenting oral comments.

12

After the deadline for receiving outlines has passed, the IRS will prepare an

agenda containing the schedule of speakers. Copies of the agenda will be made

available, free of charge, at the hearing.

Because of access restrictions, the IRS

will not admit visitors beyond the immediate entrance area more than 15 minutes

before the hearing starts. For information

about having your name placed on the

building access list to attend the hearing,

see the “FOR FURTHER INFORMATION CONTACT” section of this document.

Cynthia E. Grigsby,

Chief, Regulations Unit,

Assistant Chief Counsel (Corporate).

(Filed by the Office of the Federal Register on

November 9, 1998, 8:45 a.m., and published in the

issue of the Federal Register for November 10, 1998,

63 F.R. 63016)

1998–48 I.R.B.

IRB 1998-48

11/25/98 3:35 PM

Page 13

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.

1998–48 I.R.B.

13

November 30, 1998

IRB 1998-48

11/25/98 3:35 PM

Page 14

Numerical Finding List1

Notices—Continued

Revenue Rulings—Continued

Bulletins 1998–29 through 47

98–54, 1998–46 I.R.B. 25

98–55, 1998–46 I.R.B. 26

98–56, 1998–47 I.R.B. 9

98–57, 1998–47 I.R.B. 9

98–49, 1998–40 I.R.B. 4

98–50, 1998–40 I.R.B. 7

98–51, 1998–43 I.R.B. 4

98–52, 1998–45 I.R.B. 4

98–53, 1998–46 I.R.B. 12

98–54, 1998–46 I.R.B. 24

98–55, 1998–47 I.R.B. 5

98–56, 1998–47 I.R.B. 5

Announcements:

98–62, 1998–29 I.R.B. 13

98–68, 1998–29 I.R.B. 14

98–69, 1998–30 I.R.B. 16

98–70, 1998–30 I.R.B. 17

98–71, 1998–30 I.R.B. 17

98–72, 1998–31 I.R.B. 14

98–73, 1998–31 I.R.B. 14

98–74, 1998–31 I.R.B. 15

98–75, 1998–31 I.R.B. 15

98–76, 1998–32 I.R.B. 64

98–77, 1998–34 I.R.B. 30

98–78, 1998–34 I.R.B. 30

98–79, 1998–34 I.R.B. 31

98–80, 1998–34 I.R.B. 32

98–81, 1998–36 I.R.B. 35

98–82, 1998–35 I.R.B. 17

98–83, 1998–36 I.R.B. 36

98–84, 1998–38 I.R.B. 30

98–85, 1998–38 I.R.B. 30

98–86, 1998–38 I.R.B. 31

98–87, 1998–40 I.R.B. 11

98–88, 1998–41 I.R.B. 14

98–89, 1998–40 I.R.B. 11

98–90, 1998–42 I.R.B. 22

98–91, 1998–40 I.R.B. 12

98–92, 1998–41 I.R.B. 15

98–93, 1998–43 I.R.B. 10

98–94, 1998–43 I.R.B. 32

98–95, 1998–44 I.R.B. 13

98–96, 1998–44 I.R.B. 18

98–97, 1998–44 I.R.B. 18

98–98, 1998–44 I.R.B. 18

98–99, 1998–46 I.R.B. 34

98–100, 1998–46 I.R.B. 42

98–101, 1998–45 I.R.B. 27

98–102, 1998–45 I.R.B. 28

98–103, 1998–47 I.R.B. 12

98–104, 1998–47 I.R.B. 13

Court Decisions:

2063, 1998–36 I.R.B. 13

2064, 1998–37 I.R.B. 4

2065, 1998–39 I.R.B. 7

Notices:

98–36, 1998–29 I.R.B. 8

98–37, 1998–30 I.R.B. 13

98–38, 1998–34 I.R.B. 7

98–39, 1998–33 I.R.B. 11

98–40, 1998–35 I.R.B. 7

98–41, 1998–33 I.R.B. 12

98–42, 1998–33 I.R.B. 12

98–43, 1998–33 I.R.B. 13

98–44, 1998–34 I.R.B. 7

98–45, 1998–35 I.R.B. 7

98–46, 1998–36 I.R.B. 21

98–47, 1998–37 I.R.B. 8

98–48, 1998–39 I.R.B. 17

98–49, 1998–38 I.R.B. 5

98–50, 1998–44 I.R.B. 10

98–51, 1998–44 I.R.B. 11

98–52, 1998–46 I.R.B. 16

98–53, 1998–46 I.R.B. 24

Railroad Retirement Quarterly Rate:

1998–31 I.R.B. 7

Proposed Regulations:

Tax Conventions:

REG–209446–82, 1998–36 I.R.B. 24

REG–209060–86, 1998–39 I.R.B. 18

REG–209769–95, 1998–41 I.R.B. 8

REG–209813–96, 1998–35 I.R.B. 9

REG–246256–96, 1998–34 I.R.B. 9

REG–104641–97, 1998–29 I.R.B. 9

REG–104565–97, 1998–39 I.R.B. 21

REG–106177–97, 1998–37 I.R.B. 33

REG–109708–97, 1998–45 I.R.B. 29

REG–115446–97, 1998–36 I.R.B. 23

REG–116608–97, 1998–29 I.R.B. 12

REG–118926–97, 1998–39 I.R.B. 23

REG–118966–97, 1998–39 I.R.B. 29

REG–119227–97, 1998–30 I.R.B. 13

REG–122488–97, 1998–42 I.R.B. 19

REG–101363–98, 1998–40 I.R.B. 10

REG–106221–98, 1998–41 I.R.B. 10

REG–110332–98, 1998–33 I.R.B. 18

REG–110403–98, 1998–29 I.R.B. 11

REG–115393–98, 1998–39 I.R.B. 34

Revenue Procedures:

1998–43 I.R.B. 6

Treasury Decisions:

8771, 1998–29 I.R.B. 6

8772, 1998–31 I.R.B. 8

8773, 1998–29 I.R.B. 4

8774, 1998–30 I.R.B. 5

8775, 1998–31 I.R.B. 4

8776, 1998–33 I.R.B. 6

8777, 1998–34 I.R.B. 4

8778, 1998–36 I.R.B. 4

8779, 1998–36 I.R.B. 11

8780, 1998–39 I.R.B. 14

8781, 1998–40 I.R.B. 4

8782, 1998–41 I.R.B. 5

8783, 1998–41 I.R.B. 4

8784, 1998–42 I.R.B. 4

8785, 1998–42 I.R.B. 5

8786, 1998–44 I.R.B. 4

8787, 1998–46 I.R.B. 5

8788, 1998–45 I.R.B. 6

98–40, 1998–32 I.R.B. 6

98–41, 1998–32 I.R.B. 7

98–42, 1998–28 I.R.B. 9

98–43, 1998–29 I.R.B. 8

98–44, 1998–32 I.R.B. 11

98–45, 1998–34 I.R.B. 8

98–46, 1998–36 I.R.B. 21

98–47, 1998–37 I.R.B. 8

98–48, 1998–38 I.R.B. 7

98–49, 1998–37 I.R.B. 9

98–50, 1998–38 I.R.B. 8

98–51, 1998–38 I.R.B. 20

98–52, 1998–37 I.R.B. 12

98–53, 1998–40 I.R.B. 9

98–54, 1998–43 I.R.B. 7

98–55, 1998–46 I.R.B. 27

98–56, 1998–46 I.R.B. 33

Revenue Rulings:

98–34, 1998–31 I.R.B. 12

98–35, 1998–30 I.R.B. 4

98–36, 1998–31 I.R.B. 6

98–37, 1998–32 I.R.B. 5

98–38, 1998–32 I.R.B. 4

98–39, 1998–33 I.R.B. 4

98–40, 1998–33 I.R.B. 4

98–41, 1998–35 I.R.B. 6

98–42, 1998–35 I.R.B. 5

98–43, 1998–36 I.R.B. 9

98–44, 1998–37 I.R.B. 4

98–45, 1998–38 I.R.B. 4

98–46, 1998–39 I.R.B. 10

98–47, 1998–39 I.R.B. 4

98–48, 1998–39 I.R.B. 6

1 A cumulative list of all revenue rulings, revenue

procedures, Treasury decisions, etc., published in

Internal Revenue Bulletins 1998–1 through 1998–28

will be found in Internal Revenue Bulletin 1998–29,

dated July 20, 1998.

November 30, 1998

14

1998–48 I.R.B.

IRB 1998-48

11/25/98 3:35 PM

Page 15

Finding List of Current Action on

Previously Published Items1

Bulletins 1998–29 through 47

*Denotes entry since last publication

Notices:

87–13

Modified by

98–49, 1998–38 I.R.B. 5

87–16

Modified by

98–49, 1998–38 I.R.B. 5

Revenue Procedures:

83–58

Obsoleted by

98–37, 1998–32 I.R.B. 5

88–17

Clarified, modified, and superseded by

98–54, 1998–43 I.R.B. 7

94–23

Amplified and superseded by

98–55, 1998–46 I.R.B. 27

97–40

Amplified and superseded by

98–55, 1998–46 I.R.B. 27

97–60

Superseded by

98–50, 1998–38 I.R.B. 8

97–61

Superseded by

98–51, 1998–38 I.R.B. 20

98–14

Modified by

98–53, 1998–40 I.R.B. 9

Revenue Rulings:

57–271

Obsoleted by

98–37, 1998–32 I.R.B. 5

67–301

Modified by

98–41, 1998–35 I.R.B. 6

Revenue Rulings—Continued

Revenue Rulings—Continued

72–121

Obsoleted by

98–37, 1998–32 I.R.B. 5

72–122

Obsoleted by

98–37, 1998–32 I.R.B. 5

74–77

Obsoleted by

98–37, 1998–32 I.R.B. 5

75–19

Obsoleted by

98–37, 1998–32 I.R.B. 5

76–562

Obsoleted by

98–37, 1998–32 I.R.B. 5

77–214

Obsoleted by

98–37, 1998–32 I.R.B. 5

79–106

Obsoleted by

98–37, 1998–32 I.R.B. 5

83–113

Obsoleted by

98–37, 1998–32 I.R.B. 5

85–143

Obsoleted by

98–37, 1998–32 I.R.B. 5

88–8

Obsoleted by

98–37, 1998–32 I.R.B. 5

88–76

Obsoleted by

98–37, 1998–32 I.R.B. 5

93–81

Obsoleted by

98–37, 1998–32 I.R.B. 5

88–79

Obsoleted by

98–37, 1998–32 I.R.B. 5

93–4

Obsoleted by

98–37, 1998–32 I.R.B. 5

93–5

Obsoleted by

98–37, 1998–32 I.R.B. 5

70–225

Obsoleted by

98–44, 1998–37 I.R.B. 4

93–6

Obsoleted by

98–37, 1998–32 I.R.B. 5

71–277

Obsoleted by

98–37, 1998–32 I.R.B. 5

93–30

Obsoleted by

98–37, 1998–32 I.R.B. 5

71–434

Obsoleted by

98–37, 1998–32 I.R.B. 5

93–38

Obsoleted by

98–37, 1998–32 I.R.B. 5

71–574

Obsoleted by

98–37, 1998–32 I.R.B. 5

93–49

Obsoleted by

98–37, 1998–32 I.R.B. 5

72–75

Obsoleted by

98–37, 1998–32 I.R.B. 5

72–120

Obsoleted by

98–37, 1998–32 I.R.B. 5

93–50

Obsoleted by

98–37, 1998–32 I.R.B. 5

3–91

Obsoleted by

98–37, 1998–32 I.R.B. 5

93–92

Obsoleted by

98–37, 1998–32 I.R.B. 5

93–93

Obsoleted by

98–37, 1998–32 I.R.B. 5

94–5

Obsoleted by

98–37, 1998–32 I.R.B. 5

94–6

Obsoleted by

98–37, 1998–32 I.R.B. 5

94–30

Obsoleted by

98–37, 1998–32 I.R.B. 5

94–51

Obsoleted by

98–37, 1998–32 I.R.B. 5

94–79

Obsoleted by

98–37, 1998–32 I.R.B. 5

95–2

Obsoleted by

98–37, 1998–32 I.R.B. 5

95–9

Obsoleted by

98–37, 1998–32 I.R.B. 5

97–37

Obsoleted by

98–39, 1998–33 I.R.B. 4

93–53

Obsoleted by

98–37, 1998–32 I.R.B. 5

1 A cumulative finding list for previously published

items mentioned in Internal Revenue Bulletins

1998–1 through 1998–28 will be found in Internal

Revenue Bulletin 1998–29, dated July 20, 1998.

1998–48 I.R.B.

15

November 30, 1998

IRB 1998-48

11/25/98 3:35 PM

Page 16

Notes

November 30, 1998

16

1998–48 I.R.B.

IRB 1998-48

11/25/98 3:35 PM

Page 17

Notes

1998–48 I.R.B.

17

November 30, 1998

IRB 1998-48

11/25/98 3:35 PM

Page 18

Notes

November 30, 1998

18

1998–48 I.R.B.

IRB 1998-48

11/25/98 3:35 PM

Page 19

IRB 1998-48

11/25/98 3:35 PM

Page 20

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