Bulletin No. 1997–41

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Internal Revenue

bulletin

Bulletin No. 1997–41

October 14, 1997

HIGHLIGHTS

OF THIS ISSUE

These synopses are intended only as aids to the reader in

identifying the subject matter covered. They may not be

relied upon as authoritative interpretations.

INCOME TAX

ADMINISTRATIVE

Rev. Rul. 97–42, page 4.

Notice 97–54, page 7.

Last-in, first-out inventories, automobile dealers. A

franchised automobile dealer that elected the LIFO inventory

method violates the LIFO conformity requirement of section

472 of the Code by providing to the credit subsidiary of its

franchisor an income statement that fails to reflect the LIFO

inventory method in the computation of net income.

The Work Opportunity Tax Credit (WOTC) under section 51 of

the Code has been revised and expanded, effective October

1, 1997, and the Welfare-to-Work Tax Credit goes into effect

on January 1, 1998.

EMPLOYEE PLANS

Del. Order 97 (Rev. 34), page 14.

The authority delegated by the Commissioner of Internal

Revenue to the Assistant Commissioner (Employee Plans

and Exempt Organizations), to enter into and approve certain

closing agreements, may be redelegated to special assistants and division directors reporting directly to the Assistant

Commissioner. Del. Order 97 (Rev. 33) superseded.

Announcement 97–102, page 15.

This announcement provides revised instructions for sponsors and adopters of regional prototype and volume submitter retirement plans. Additionally, practitioner comments are

solicited regarding the future direction of these programs.

EXEMPT ORGANIZATIONS

Rev. Proc. 97–44, page 8.

Last-in, first-out inventories, automobile dealers. Relief

is provided for automobile dealers that violate the LIFO inventory requirement of section 472 of the Code by providing,

for credit purposes, an income statement prepared in a format required by, or on a preprinted form supplied by, their

franchisor, covering any taxable year ended before October

14, 1997, that fails to reflect the LIFO inventory method.

Rev. Proc. 97–45, page 10.

Optional rules are provided under which an employee of a

federal government agency who is reimbursed for ordinary

and necessary business expenses relating to travel, entertainment, gifts, or listed property (such as an employee’s

automobile) may make an adequate accounting to the

employer to substantiate those expenses by submitting only

an account book, diary, log, etc., without submitting documentary evidence such as receipts.

Announcement 98–103, page 16.

Public comments are requested on the optional procedures,

provided in Rev. Proc. 97–45, for substantiating the reimbursement of employee expenses.

Announcement 97–101, page 13.

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

Finding Lists begin on page 21.

Announcement of Disbarments and Suspensions begins on page 17.

Announcement of Declaratory Judgement Proceedings Under Section 7428 begins on page 16.

Department of the Treasury

Internal Revenue Service

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 quarterly and

semiannual basis, and are published in the first Bulletin of the

succeeding quarterly and semiannual period, respectively.

The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.

For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

3

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

Section 62.—Adjusted Gross

Income Defined

26 CFR 1.62–2: Reimbursements and other expense

allowance arrangements.

Optional rules are provided under which an employee of a federal government agency who is reimbursed for ordinary and necessary business expenses

relating to travel, entertainment, gifts, listed property (such as an employee’s automobile) may make

an adequate accounting to the employer to substantiate those expenses by submitting an account book,

diary, log, etc., alone, without submitting documentary evidence such as receipts. See Rev. Proc. 97–45

page 10.

Last-in, first-out inventories, automobile dealers. A franchised automobile

dealer that elected the LIFO inventory

method violates the LIFO conformity requirement of Code section 472 by providing to the credit subsidiary of its franchisor an income statement that fails to

reflect the LIFO inventory method in the

computation of net income.

Rev. Rul. 97–42

ISSUE

Section 162.—Trade or

Business Expenses

26 CFR 1.162–17: Reporting and substantiation of

certain business expenses of employees.

Optional rules are provided under which an employee of a federal government agency who is reimbursed for ordinary and necessary business expenses

relating to travel, entertainment, gifts, listed property (such as an employee’s automobile) may make

an adequate accounting to the employer to substantiate those expenses by submitting an account book,

diary, log, etc., alone, without submitting documentary evidence such as receipts. See Rev. Proc. 97–45

page 10.

Section 274.—Disallowance of

Certain Entertainment, Etc.,

Expenses

26 CFR 1.274–5T: Substantiation requirements

(temporary).

Optional rules are provided under which an employee of a federal government agency who is reim bursed for ordinary and necessary business expenses

relating to travel, entertainment, gifts, listed property (such as an employee’s automobile) may make

an adequate accounting to the employer to substantiate those expenses by submitting an account book,

diary, log, etc., alone, without submitting documentary evidence such as receipts. See Rev. Proc. 97–45

page 10.

26 CFR 1.274(d)–1: Substantiation requirements.

Optional rules are provided under which an employee of a federal government agency who is reimbursed for ordinary and necessary business expenses

relating to travel, entertainment, gifts, listed property (such as an employee’s automobile) may make

an adequate accounting to the employer to substantiate those expenses by submitting an account book,

diary, log, etc., alone, without submitting documentary evidence such as receipts. See Rev. Proc. 97–45

page 10.

Section 472.—Last-in, First-out

Inventories

26 CFR 1.472-2(e): LIFO conformity requirement.

October 14, 1997

Whether a franchised automobile

dealer that elected the last-in, first-out

(LIFO) inventory method for federal income tax purposes violates the LIFO conformity requirement of § 472(c) or (e)(2)

of the Internal Revenue Code by providing certain monthly income statements to

the credit subsidiary of its franchisor (an

automobile manufacturer).

end of each month. The income statements are prepared in a format required

by X or on pre-printed forms supplied by

X and present the dealers’ operating results for both the month and the calendar

year-to-date.

During 1996, A, B, and C’s monthly financial statements were received by X

and Y. In the January through November

income statements, A, B, and C calculated

their Cost of Goods Sold using the specific identification inventory method instead of the LIFO inventory method.

Under the specific identification method,

the cost of the dealers’beginning and ending inventories is determined by reference

to X’s actual invoice price for the automobiles on hand.

Situation 1 — LIFO Reflected in Gross

Profit. A provided the following income

statement to X and Y for the month of December:

INCOME STATEMENT

December 1996

Sales of Automobiles

Cost of Goods Sold

Gross Profit

Variable Expenses

Fixed Expenses

Net Income

FACTS

A, B, and C are franchised automobile

dealers engaged in the purchase, sale, and

service of automobiles manufactured by

X. A, B, and C regularly finance their purchases of new automobiles through Y, a

subsidiary of X.

For federal income tax purposes, A, B,

and C use the accrual method of accounting and a calendar taxable year. Each

dealer elected to use the LIFO inventory

method to account for its automobile inventory beginning with its taxable year

ended December 31, 1970.

Pursuant to the terms of the franchise

agreements with X and the financing

agreements with Y, X and Y must receive

balance sheets and income statements

from A, B, and C within 10 days after the

4

Month

Year-to-Date

$ 300x

(255x)

$ 45x

( 12x)

( 18x)

$ 15x

$ 3,600x

(2,400x)

$ 1,200x

( 144x)

( 216x)

$ 840x

A calculated its Cost of Goods Sold for

the year and the month as follows. First,

A used the specific identification inventory method to calculate a tentative cost

of goods sold for the year ($2,340x) and

the month ($195x). Then, A made an adjustment of $60x (representing a $60x increase in A’s LIFO reserve for 1996) to

the tentative cost of goods sold to arrive at

Cost of Goods Sold for the year ($2,400x)

and the month ($255x), respectively.

Situation 2 — LIFO Reflected in Net

Income. B provided the following income

statement to X and Y for the month of December:

B used the specific identification inventory method to calculate its Cost of Goods

Sold and Gross Profit for both the year

and month without adjusting for a $60x

increase in B’s LIFO reserve for 1996. On

1997–41 I.R.B.

holders, partners, other proprietors, or

beneficiaries, has not used any inventory

method other than LIFO.

Section 1.472–2(e)(1) generally proMonth

Year-to-Date

vides

exceptions to the LIFO conformity

Sales of Automobiles

$ 300x

$ 3,600x

requirement.

Under § 1.472–2(e)(1)(iv),

Cost of Goods Sold

(195x)

(2,340x)

a

taxpayer

is

not at variance with the

Gross Profit

$ 105x

$ 1,260x

LIFO

conformity

requirement if it uses an

Variable Expenses

( 12x)

( 144x)

inventory

method

other than LIFO in a reFixed Expenses

( 18x)

( 216x)

port

or

statement

covering

a period of less

Operating Profit

$ 75x

$ 900x

than

an

entire

taxable

year.

Other Income & Expenses

( 60x)

( 60x)

However, § 1.472–2(e)(6) provides that

Net Income

$ 15x

$ 840x

a series of credit statements or financial

the Other Income and Expenses line, B re- come, profit, or loss of the first taxable reports is considered a single statement or

duced Operating Profit in the Year-to-Date year for which the LIFO method is to be report covering an entire taxable year if

column by $60x (representing the $60x in- used, for the purpose of a report or state- the statements or reports in the series are

crease in B’s LIFO reserve for 1996) and ment covering that taxable year to share- prepared using a single inventory method

in the Month column by $60x to arrive at holders, partners, other proprietors, or and can be combined to disclose the income, profit, or loss for the entire taxable

B’s Net Income for the year ($840x) and beneficiaries, or for credit purposes.

year.

For this purpose a taxable year inthe month ($15x), respectively.

Section 472(e) provides that a taxpayer

cludes

any one-year period that both beSituation 3 — LIFO Not Reflected on electing to use the LIFO inventory

gins

and

ends in a taxable year for which

the Income Statement. C provided the method must continue to use the LIFO inthe

taxpayer

used the LIFO inventory

following income statement to X and Y for ventory method unless the taxpayer: (1)

method.

§

1.472–2(e)(2).

Thus, income

the month of December:

obtains the consent of the Commissioner

statements

prepared

on

the

basis

of a calC used the specific identification in- to change to a different method; or (2) is

endar

year

may

be

subject

to

the

LIFO

ventory method to calculate its Cost of required by the Commissioner to change

conformity

requirement

even

though

the

Goods Sold, Gross Profit, and Net Income to a different method because the taxtaxpayer

employs

a

fiscal

year

for

federal

for the year and month without adjusting payer has used some inventory method

for a $60x increase in C’s LIFO reserve other than LIFO to ascertain the income, income tax purposes.

Under § 1.472–2(e)(2)(vi), a taxpayer is

for 1996. Thus, the December 1996 in- profit, or loss of any subsequent taxable

come statement does not reflect C’s use of year in a report or statement covering that not at variance with the LIFO conformity

the LIFO inventory method.

taxable year (a) to shareholders, partners, requirement if it uses costing methods or

other proprietors, or beneficiaries, or (b) accounting methods to ascertain income,

LAW AND ANALYSIS

profit, or loss in financial statements for

for credit purposes.

credit purposes if such methods are not inSection 472(a) authorizes a taxpayer to

Section 1.472–2(e)(1) of the Income

consistent with the LIFO inventory

use the LIFO inventory method in accor- Tax Regulations provides that a taxpayer

method. The use of cost estimates is an

dance with regulations prescribed by the electing to use the LIFO inventory

example of a costing method that is not inSecretary.

method must establish to the satisfaction

consistent with the LIFO inventory

Section 472(c) provides that a taxpayer of the Commissioner that the taxpayer, in

method. § 1.472–2(e)(8)(ix).

may not elect to use the LIFO inventory ascertaining the income, profit, or loss of

The financial statements received by Y

method unless it establishes to the satis- the taxable year for which the LIFO inare

“for credit purposes” within the

faction of the Commissioner that it used ventory method is first used, or for any

meaning

of §§ 472(c) and (e)(2) because

no method other than the LIFO method in subsequent taxable year, for credit purthey

were

issued to a creditor with whom

inventorying goods to ascertain the in- poses or for purposes of reports to shareA, B, and C maintain continuing credit relationships. Thus, under §§ 472(c),

INCOME STATEMENT

472(e)(2), and § 1.472–2(e)(1), A, B, and

December 1996

C violated the LIFO conformity requirement if they used a method other than

Month

Year-to-Date

LIFO in inventorying goods to ascertain

Sales of Automobiles

$ 300x

$ 3,600x

the income, profit, or loss for the taxable

Cost of Goods Sold

(195x)

(2,340x)

year covered by the financial statements

Gross Profit

$ 105x

$ 1,260x

provided to Y.

Variable Expenses

( 12x)

( 144x)

In Situations 1 and 2, A and B did not

Fixed Expenses

( 18x)

( 216x)

violate the LIFO conformity requirement

Operating Profit

$ 75x

$ 900x

in their statements to Y because they

Other Income & Expenses

–0–

–0–

used the LIFO method in inventorying

Net Income

$ 75x

$ 900x

goods to ascertain their net income in the

INCOME STATEMENT

December 1996

1997–41 I.R.B.

5

October 14, 1997

Month and Year-to-Date columns of the

December income statement. The results

in Situations 1 and 2 would be the same

if the $60x LIFO adjustment reflected in

the Month and Year-to-Date columns of

the December 1996 income statement

had been a reasonable estimate of the

change in LIFO reserve for the year.

Further, if A or B had employed a fiscal

taxable year, the results in Situations 1

and 2 would be the same if A or B made

either an adjustment for the change in

the LIFO reserve that occurred during

the calendar year in the Month and Yearto-Date column of the December income

statement or an a djustment for the

change in the LIFO reserve that occurred

during the fiscal year in the Month and

Ye a r-to-Date columns of the income

statements provided for the last month of

the fiscal year.

October 14, 1997

In Situation 3, C violated the LIFO

conformity requirement in its statements

to Y because C used a method other than

LIFO in inventorying goods to ascertain

its net income in the Year-to-Date column

of the December income statement. Further, C violated the LIFO conformity requirement because the January through

November income statements can be

combined with the December income

statement to ascertain C’s net income for

the year using a single inventory method

other than LIFO. The result in Situation 3

would be the same even if C’s December

31, 1996 Balance Sheet had reflected a

1996 adjustment to C’s LIFO reserve.

HOLDING

federal income tax purposes violates the

LIFO conformity requirement of § 472(c)

or (e)(2) by providing to the credit subsidiary of its franchisor (an automobile

manufacturer) an income statement for

the taxable year that fails to reflect the

LIFO inventory method in the computation of net income.

DRAFTING INFORMATION

The principal author of this revenue

ruling is Jeffery G. Mitchell of the Office

of Assistant Chief Counsel (Income Tax

and Accounting). For further information

regarding this revenue ruling, contact Mr.

Mitchell on (202) 622-4970 (not a toll

free call).

A franchised automobile dealer that

elected the LIFO inventory method for

6

1997–41 I.R.B.

Part III. Administrative, Procedural, and Miscellaneous

Work Opportunity Tax Credit

and Welfare-to-Work Tax Credit

Notice 97–54

The Taxpayer Relief Act of 1997, Pub.

L. No. 105–34, (the Act) was enacted on

August 5, 1997. The Act extended and

amended the Work Opportunity Ta x

Credit (WOTC) under section 51 of the

Internal Revenue Code and created the

We l f a r e - t o - Work tax credit under new

section 51A of the Code. This notice describes the principal statutory changes. It

also announces the release of a new Form

8850 (issued September 1997) for use in

pre-screening job applicants and requesting certifications in connection with both

credits and a transition period for using

the earlier version of Form 8850 (issued

September 1996), which does not reflect

the changes contained in the Act.

WOTC Overview

The WOTC is a tax credit for employers who hire individuals belonging to one

of the targeted groups listed in section 51

of the Code. For purposes of the credit,

an individual is not a member of a targeted group unless the individual is certified as such by the State employment security agency (SESA). See s e c t i o n

51(d)(11) of the Code and Notice 96-52,

1996-2 C.B. 218.

• Extension and Amendment of WOTC

Prior to amendment, (1) the W O T C

was scheduled to expire on September 30,

1997, (2) there were seven targ e t e d

groups, (3) the credit was 35 percent of

first-year wages up to $6,000 (for a maxi mum credit of $2,100 per individual), and

(4) the minimum employment period was

generally 400 hours or 180 days. Act section 603 made several changes to the

WOTC. First, it extended the credit to

cover individuals who begin work by

June 30, 1998. The Act modified the definitions of two targeted groups: (i) qualified recipients of benefits under Aid to

Families with Dependent Children

(AFDC) or a successor program and (ii)

qualified veterans. It added a new targeted group consisting of certain individuals who receive supplemental security

income (SSI) benefits under the Social

1997–41 I.R.B.

Security Act. It increased the credit percentage to 40 percent for certified workers who work at least 400 hours (for a

maximum credit of $2,400 per individual). Finally, the Act amended the minimum employment period so that employers may also claim the WOTC for

certified workers who work at least 120

hours but less than 400 hours. Workers

who meet this minimum work requirement will entitle the employer to a credit

of 25 percent of qualified wages. No

credit is available for workers who work

less than 120 hours.

• Certification Process

There are two ways an employer can

satisfy the requirement to obtain a certification that a worker is a member of a targeted group. First, the employer can obtain a certification from the SESA, on or

before the day the individual begins work,

stating that the individual belongs to a targeted group. Section 51(d)(11)(A)(i) of

the Code.

Alternatively, the employer can complete a “pre-screening notice” with respect to the prospective employee on or

before the day the individual is offered

employment. Then, within 21 days after

the individual begins work, the employer

submits that notice to the SESA as part of

a request for certification. Section

51(d)(11)(A)(ii). For this purpose, employers have been using Form 8850, Work

O p p o rtunity Tax Credit Pre - S c re e n i n g

Notice and Certification Request (issued

September 1996). (See Revised Form

8850 discussion on page 8.)

Welfare-to-Work Tax Credit Overview

The new Welfare-to-Work tax credit,

added by section 801 of the Act, is a tax

credit for employers who hire individuals

certified by the SESAas long-term family

assistance recipients. The credit is effective for wages paid to such individuals

who begin work after December 31, 1997,

and before May 1, 1999. Long-term family assistance recipients are (1) members

of a family that has received family assistance (AFDC or a successor program) for

at least 18 consecutive months ending on

the hiring date; (2) members of a family

that has received family assistance for a

total of at least 18 months (whether or not

7

consecutive) after August 5, 1997; and (3)

members of a family that ceases after August 5, 1997, to be eligible for family assistance because of either federal or state

time limits.

The Welfare-to-Work tax credit is 35

percent of qualifying first-year wages and

50 percent of qualifying second-year

wages. For this purpose (although not for

the WOTC), wages include certain taxexempt amounts relating to accident and

health coverage, educational assistance

programs, and dependent care assistance

programs. For each employment year, up

to $10,000 of wages (in contrast with the

$6,000 maximum for the WOTC) may be

considered in determining the amount of

the Welfare-to-Work tax credit.

Although the substantive requirements

are different for the WOTC and the Welfare-to-Work tax credit, the certification

process is the same. Thus, the employer

must either receive a certification from

the SESA on or before the day the individual begins work, stating that the individual is a long-term family assistance recipient, or the employer must complete a

“pre-screening notice” on or before the

day the individual is offered employment.

In the latter case the employer must,

within 21 days after the individual begins

work, submit that notice to the SESA as

part of a request for certification.

Coordination of WOTC and Welfare-toWork Tax Credit

The Welfare-to-Work tax credit is coordinated with the WOTC so that in any one

taxable year an employer cannot claim

both credits with respect to the same individual. For example, assume that an individual begins work on March 1, 1998, and

works at least 400 hours for an employer

whose taxable year is the calendar year.

The employer pays “first-year wages”

from March 1998 through February 1999,

and pays “second-year wages” from

March 1999 through February 2000. If

the individual is certified as both a member of one of the WOTC targeted groups

and a long-term family assistance recipient and the requirements for both credits

are otherwise satisfied, the employer will

have the following choices. For 1998, the

employer may claim either the WOTC

(40 percent of wages up to $6,000) or the

October 14, 1997

Welfare-to-Work tax credit (35 percent of

wages as defined in section 51A(b)(5) of

the Code up to $10,000). For 1999, the

employer may choose again which credit

to claim. The WOTC would be based

solely on the amount of first-year wages

(up to the $6,000 limit) paid in 1999, during the balance of the first employment

year (i.e., January and February 1999).

The We l f a r e - t o - Work tax credit would

have two components: 35 percent of the

amount of first-year wages (up to the

$10,000 limit) paid in January and February 1999, and 50 percent of the amount of

the second-year wages (up to a separate

$10,000 limit) paid in March through December 1999. For 2000, the taxpayer

could claim only the Welfare-to-Work tax

credit, based on the amount of secondyear wages (up to the second $10,000

limit) paid in January and February 2000.

Revised Form 8850

On September 20, 1997, the IRS issued

a revised and renamed Form 8850, P re Screening Notice and Certification Re quest for the Work Opportunity and Wel fare-to-Work Credits. The changes to the

WOTC and the enactment of the Welfareto-Work tax credit are reflected on a single form to simplify the certification

process for prospective employees, employers, and SESAs.

required certifications. Before claiming

the WOTC or the Welfare-to-Work tax

credit with respect to an individual, the

employer must receive a certification

from the SESA that the individual is, in

fact, a member of a targeted group or a

long-term family assistance recipient, as

the case may be.

The principal author of this notice is

Robert Wheeler of the Office of Associate

Chief Counsel (Employee Benefits and

Exempt Organizations). For further information regarding this notice contact Mr.

Wheeler on (202) 622-6060 (not a tollfree call).

26 CFR 1.472–2: Requirements incident to adoption and use of LIFO inventory method.

(Also Part I, § 472; § 1.472-1.)

Rev. Proc. 97–44

SECTION 1. PURPOSE

The new form is available to computer

users through the IRS home page on the

World Wide Web, http://www. i r s . u streas.gov, and by modem directly at 703321-8020 (not a toll-free number). Employers may also request Form 8850 by

calling 1-800-TAX-FORM (1-800-8293676).

This revenue procedure provides relief

for automobile dealers that elected the

last-in, first-out (LIFO) inventory method

and violated the LIFO conformity requirement of § 472(c) or (e)(2) of the Internal Revenue Code by providing, for

credit purposes, an income statement prepared in a format required by the franchisor or on a pre-printed form supplied

by the franchisor (an automobile manufacturer), covering any taxable year ended

on or before October 14, 1997, that fails

to reflect the LIFO inventory method.

See, e.g., R e v. Rul. 97–42, 1997–41

I.R.B. (Situation 3). Automobile dealers

that comply with this revenue procedure

will not be required to change from the

LIFO inventory method to another inventory method as a result of such LIFO conformity violation.

Transition Relief

SECTION 2. BACKGROUND

Employers should begin using the new

Form 8850 for employees whose first day of

work is on or after October 1, 1997 (for the

WOTC), or on or after January 1, 1998 (for

the Welfare-to-Work tax credit). Employers

may continue to use the old Form 8850,

however, for individuals who are in one of

the original seven WOTC targeted groups

and begin work before January 1, 1998.

Employers that submit Forms 8850 to

SESAs are not entitled to the applicable

credits unless the employers receive the

.01 Section 472(a) authorizes a taxpayer to use the LIFO inventory method

in accordance with regulations prescribed

by the Secretary.

.02 Section 472(c) provides that a taxpayer may not elect to use the LIFO inventory method unless it establishes to the

satisfaction of the Commissioner that it

used no method other than the LIFO

method in inventorying goods to ascertain

the income, profit, or loss of the first taxable year for which the LIFO method is to

How to Get the Revised Form 8850

October 14, 1997

8

be used, for the purpose of a report or

statement covering that taxable year to

shareholders, partners, other proprietors,

or beneficiaries, or for credit purposes.

.03 Section 472(e) provides that a taxpayer electing to use the LIFO inventory

method must continue to use the LIFO inventory method unless the taxpayer: (1)

obtains the consent of the Commissioner

to change to a different method; or (2) is

required by the Commissioner to change

to a different method because the taxpayer has used some inventory method

other than LIFO to ascertain the income,

profit, or loss of any subsequent taxable

year in a report or statement covering that

taxable year (a) to shareholders, partners,

other proprietors, or beneficiaries, or (b)

for credit purposes.

.04 Section 1.472–2(e)(1) of the Income Tax Regulations provides that a taxpayer electing to use the LIFO inventory

method must establish to the satisfaction

of the Commissioner that the taxpayer, in

ascertaining the income, profit, or loss of

the taxable year for which the LIFO inventory method is first used, or for any

subsequent taxable year, for credit purposes or for purposes of reports to shareholders, partners, other proprietors, or

beneficiaries, has not used any inventory

method other than LIFO.

.05 Rev. Rul. 97–42 holds that a franchised automobile dealer that elected the

LIFO inventory method violates the

LIFO conformity requirement by providing to a credit subsidiary of its franchisor

(an automobile manufacturer) an income

statement covering a taxable year that

fails to reflect the LIFO inventory

method in the computation of net income.

.06 Rev. Proc. 79–23, 1979–1 C.B.

564, provides that a violation of the LIFO

conformity requirement warrants termination of a taxpayer’s LIFO election.

SECTION 3. SCOPE

This revenue procedure applies to any

taxpayer engaged in the purchase, sale,

and service of automobiles or light-duty

trucks that violated the LIFO conformity

requirement by providing, for credit purposes, an income statement prepared in a

format required by the franchisor or on a

pre-printed form supplied by the franchisor (an automobile manufacturer), covering any taxable year ended on or before

October 14, 1997, that fails to reflect the

1997–41 I.R.B.

LIFO inventory method in the computation of net income, regardless of whether

the taxpayer is currently under examination, before an appeals office, or before a

federal court. For this purpose, the term

“taxpayer” has the same meaning as the

term “person” defined in § 7701(a)(1)

(rather than the meaning of the term “taxpayer” defined in § 7701(a)(14)). The

term “taxpayer” includes a corporation

that is included in an affiliated group of

corporations as defined in § 1504.

SECTION 4. RELIEF

.01 A taxpayer within the scope of this

revenue procedure that satisfies all the re quirements for relief set forth herein is

hereby granted the following relief: the

district director will not terminate the

LIFO election of the taxpayer because of

a LIFO conformity violation described in

section 3 of this revenue procedure.

.02 The relief granted under this revenue procedure extends only to LIFO

conformity violations described in section

3 of this revenue procedure that occurred

on or before October 14, 1997. Accordingly, the district director may, upon examination, terminate a taxpayer’s LIFO

election for:

(1) other LIFO conformity violations, including those described in section

3 of this revenue procedure that occur

after October 14, 1997; or

(2) any other action that may warrant termination of a taxpayer’s LIFO

election.

.03 The district director may, upon examination, verify the accuracy of the taxpayer’s settlement amount calculation and

otherwise determine whether the taxpayer

has fully satisfied the requirements of this

revenue procedure. The district director

may terminate a taxpayer’s LIFO election

for any violation year ended within the

look-back period if the taxpayer failed to

fully satisfy the requirements of this revenue procedure.

.04 Nothing in this revenue procedure

will prohibit the district director from

making adjustments to a taxpayer’s LIFO

inventory method of accounting.

SECTION 5. REQUIREMENTS FOR

RELIEF

.01 A taxpayer within the scope of this

revenue procedure for which any violation year ended within the look-back pe1997–41 I.R.B.

riod is entitled to relief only if the taxpayer: (1) pays the settlement amount at

the time and in the manner set forth in

section 5.03 of this revenue procedure;

(2) submits the accompanying memorandum at the time and in the manner set

forth in sections 5.03 and 5.04 of this revenue procedure; and (3) satisfies the additional requirements set forth in section 7

of this revenue procedure. A taxpayer

within the scope of this revenue procedure that does not have a violation year

that ends in the look-back period is automatically granted relief and is not required to satisfy any of the requirements

of this revenue procedure.

.02 Settlement Amount. (1) In general.

A taxpayer applying for relief under this

revenue procedure must pay a “settlement

amount,” which is intended to approximate the after-tax, time value of money

benefit that the taxpayer will derive from

continuing to use the LIFO inventory

method for a period of years. The settlement amount is not treated as interest

under § 163(a) and may not be capitalized

or deducted under any provision of the

Code. Moreover, the settlement amount

is not refundable or creditable against any

federal tax liability of the taxpayer.

(2) Calculating the settlement

amount. The settlement amount equals

4.7% of the difference between the LIFO

carrying value and the non-LIFO carrying

value (for example, the value using the

actual invoice cost or the first-in, first-out

method) of the taxpayer’s inventory (the

“LIFO reserve”) on the last day of the taxpayer’s last taxable year ended on or before October 14, 1997. For this purpose,

the taxpayer’s inventory includes only inventory related to the purchase, sale, and

service of automobiles and light-duty

trucks. A taxpayer determines the LIFO

reserve on the last day of its last taxable

year ended on or before October 14, 1997,

using the method of accounting that it

used on its original federal income tax return for that taxable year.

.03 Time and Manner of Payment. (1)

In general. The settlement amount must

be paid in three equal installments. Except

as provided in section 5.03(2) or (3) of this

revenue procedure, the first installment

and the memorandum described in section

5.04 of this revenue procedure, are due on

or before May 31, 1998. The remaining

installments and memoranda are due on or

9

before January 31 of the two succeeding

calendar years. Payments, together with

the original memorandum, must be sent to

the Internal Revenue Service, Cincinnati

Service Center, 201 W. River Center Blvd.,

Stop 31, Unit 21, Covington, KY 41019.

A copy of each memorandum must be sent

to the national office addressed to the

Commissioner of Internal Revenue, Attention: CC:DOM:IT&A, P.O. Box 7604,

Benjamin Franklin Station, Washington,

DC 20044 (or, in the case of a private delivery service: Commissioner of Internal

Revenue, Attention: CC:DOM:IT&A,

1111 Constitution Avenue, NW, Washington, DC 20224).

(2) Taxpayers under examination,

before appeals, or before a federal court.

If any federal income tax return of a taxpayer is under examination, before an appeals office, or before a federal court on

October 14, 1997, the first installment of

the settlement amount and the memorandum described in section 5.04 of this revenue procedure are due on or before December 1, 1997. For this purpose, the

terms “under examination,” “before an appeals office,” and “before a federal court”

have the same meaning as provided in Rev.

Proc. 97–27, 1997–21 I.R.B. 10. The taxpayer must notify the examining agent(s),

appeals officer, or the counsel for the government, whichever is applicable, in writing on or before December 15, 1997, that it

has applied for relief under this revenue

procedure. Evidence that the first installment has been paid and a copy of the memorandum described in section 5.04 of this

revenue procedure must be provided as

part of this written notification.

(3) Option to pay settlement

amount in one installment. A taxpayer

may elect to pay the entire settlement

amount in one installment. If a taxpayer

makes this election, the entire settlement

amount and the original memorandum described in section 5.04 of this revenue

procedure are due on or before May 31,

1998, or, if any federal income tax return

of the taxpayer is under examination, before an appeals office, or before a federal

court, on or before December 1, 1997. In

addition, if applicable, the written notification required in section 5.03(2) of this

revenue procedure must be satisfied. A

copy of the memorandum must be sent to

the national office as required by section

5.03(1) of this revenue procedure.

October 14, 1997

.04 Accompanying Memorandum.

Each installment payment must be accompanied by a memorandum providing

the following information:

(1) the taxpayer’s name, address,

and EIN number;

(2) the amount of the taxpayer’s

LIFO reserve calculated under section

5.02(2) of this revenue procedure;

(3) the total settlement amount calculated under section 5.02(2) of this revenue procedure;

(4) the amount of the installment

being paid;

(5) a statement identifying the payment as the first, second, or third installment (or a statement that the taxpayer

elects to pay the entire settlement amount

in a single installment); and

(6) a statement that the taxpayer

agrees to all of the terms of this revenue

procedure.

Each memorandum must be signed under

penalties of perjury by an individual with

authority to bind the taxpayer in such matters. The following language must be either typed or legibly printed at the top of

the first page of each memorandum:

“ PAY M E N T OF SETTLEMENT

AMOUNT UNDER REV. PROC. 97–44.”

SECTION 6. DEFINITIONS

.01 Violation year. A violation year is

any taxable year for which a taxpayer violated the LIFO conformity requirement

under the facts described in section 3 of

this revenue procedure. However, solely

for purposes of this revenue procedure, a

taxable year will not be treated as a violation year if it ended on or before October

14, 1997, and the taxpayer replaced the

twelfth monthly income statement for that

year with a “thirteenth period income

statement” that:

(1) covered the same period as the

twelfth monthly income statement;

(2) reflected the LIFO inventory

method; and

(3) was provided, before the first

monthly income statement of the following year, to each creditor that received the

twelfth monthly income statement.

.02 Look-back period. For purposes of

this revenue procedure, the “look-back

period” consists of the taxpayer’s six

most recent taxable years ended on or before October 14, 1997.

October 14, 1997

SECTION 7. ADDITIONAL TERMS OF

RELIEF

SECTION 9. PAPERWORK

REDUCTION ACT

.01 A taxpayer that fails to pay each

installment of the settlement amount

t i m e l y, or to submit the memorandum

t i m e l y, has not satisfied the requirements of this revenue procedure. A ccordingly, the relief provided under section 4 of this revenue procedure is not

available.

.02 A taxpayer that ceases to engage in

the trade or business of purchase, sale,

and service of automobiles or light-duty

trucks or terminates its existence must

pay the remaining balance of the settlement amount within 45 days of the cessation or termination. A taxpayer is

treated as ceasing to engage in a trade or

business if the operations of the trade or

business cease, or substantially all the

assets of the trade or business are transferred to another taxpayer in a taxable or

non-taxable transfer. For this purpose,

“substantially all” has the same meaning

as in section 3.01 of Rev. Proc. 77–37,

1977–2 C.B. 568. No acceleration of the

settlement amount is required under this

section 7.02 when a C corporation elects

to be treated as an S corporation, or an S

corporation terminates its S election and

is then treated as a C corporation. Howe v e r, acceleration of the settlement

amount is required if a sole proprietor incorporates and immediately elects to be

treated as an S corporation.

.03 A taxpayer that makes one or

more payments under this revenue procedure may not change from the LIFO

inventory method pursuant to Rev. Proc.

97–37, 1997–33 I.R.B. 18, for a taxable

year beginning before the date that the

entire settlement amount is paid in accordance with this revenue procedure.

A taxpayer requesting to change from

the LIFO method for a taxable year beginning before the date that the entire

settlement amount is paid, must file a

Form 3115 in accordance with Rev.

Proc. 97–27. The Commissioner will

not grant consent to change from the

LIFO method unless the taxpayer agrees

to accelerate any remaining payments of

the settlement amount.

The collections of information contained

in this revenue procedure have been reviewed and approved by the Office of Management and Budget in accordance with the

Paperwork Reduction Act (44 U.S.C. 3507)

under control number 1545–1559.

An agency may not conduct or sponsor,

and a person is not required to respond to,

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

OMB control number.

The collection of information in this revenue procedure is in section 5 of this revenue

procedure. This information is required to

ensure that the settlement amount required to

be paid under this revenue procedure is accurately computed and timely paid. The

likely respondents are businesses engaged in

the retail sale of new automobiles.

The estimated total annual reporting

burden is 100,000 hours.

The estimated annual burden per respondent will vary from 10 hours to 30

hours, depending on individual circumstances, with an estimated average of 20

hours. The estimated number of respondents is 5,000.

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

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

SECTION 8. EFFECT ON OTHER

DOCUMENTS

Rev. Proc. 97–37 is modified.

10

DRAFTING INFORMATION

The principal author of this revenue

procedure is Jeffery G. Mitchell of the Office of Assistant Chief Counsel (Income

Tax & Accounting). For further information regarding this revenue procedure,

contact Mr. Mitchell on (202) 622-4970

(not a toll-free call).

26 CFR 601.105: Examination of returns and

claims for refund, credit, or abatement; determination of correct tax liability.

(Also Part I, §§ 62, 162, 274; 1.62-2, 1.162–17,

1.274–5T, 1.274(d)–1.)

Rev. Proc. 97–45

SECTION 1. PURPOSE

This revenue procedure provides optional rules under which an employee of a

1997–41 I.R.B.

federal government agency who is reimbursed for ordinary and necessary business expenses relating to travel, entertainment, gifts, or listed property (such as an

employee’s automobile) may make an adequate accounting to the employer to

substantiate those expenses (under

§§ 1.274–5T(f)(2) and (4)(ii) of the temporary Income Tax Regulations) by submitting an account book, diary, log, etc.,

alone, without submitting documentary

evidence such as receipts. These rules

generally apply to employees of the exec utive and judicial branches, and certain

employees of the legislative branch, of

the federal government.

SECTION 2. BACKGROUND

.01 Section 162(a) of the Internal Revenue Code allows a deduction for all ordinary and necessary expenses paid or incurred during the taxable year in carrying

on any trade or business, including traveling expenses (including amounts expended

for meals and lodging) while away from

home in pursuit of a trade or business.

.02 Section 1.62–2(c)(2) provides that

reimbursements by an employer to an employee for business expenses paid or incurred by the employee are paid under an

“accountable plan” if the reimbursement

arrangement meets the requirements of

business purpose, substantiation, and returning amounts in excess of expenses.

Amounts failing to meet these requirements are treated as paid under a nonaccountable plan. Section 1.62–2(c)(3).

.03 Amounts treated as paid under an

accountable plan are excluded from the

e m p l o y e e ’s gross income, are not reported as wages or other compensation on

the employee’s Form W–2, and are exempt from the withholding and payment

of employment taxes. Section

1.62–2(c)(4). Conversely, amounts

treated as paid under a nonaccountable

plan are included in the employee’s gross

income, must be reported as wages or

other compensation on the employee’s

Form W–2, and are subject to the withholding and payment of employment

taxes. Section 1.62–2(c)(5).

.04 An employee may satisfy the substantiation requirement of a § 1.62–2(c)(2)

accountable plan by substantiating the expenses to the employer in accordance with

§ 274(d) and the regulations thereunder.

Section 1.62–2(e)(2).

1997–41 I.R.B.

.05 Section 274(d) disallows a deduction

under § 162 for any travel (including meals

and lodging), entertainment, gift, or listed

property expense, unless the taxpayer substantiates the elements of the expense by adequate records or by sufficient evidence.

.06 Under § 1.274–5T(c)(2), a taxpayer

must maintain two types of records to satisfy the “adequate records” requirement:

(1) a summary of expenses (account book,

d i a r y, log, statement of expense, trip

sheets, or similar record) made at or near

the time the expenses are incurred (as provided in § 1.274–5T(c)(2)(ii)), and (2)

documentary evidence (such as receipts,

paid bills, or similar evidence as provided

in § 1.274–5T(c)(2)(iii)). Section

1.274–5T(c)(2)(iii) generally requires that

a taxpayer have documentary evidence to

substantiate (A) any expenditure for lodging, and (B) any other expenditure of $75

or more ($25 or more for expenses paid or

incurred before October 1, 1995). Together, these records must establish the elements of amount, time, place, and business purpose (and, for gifts and

entertainment, business relationship of the

recipient or persons entertained) for each

expenditure or use. Section 1.274–5T(b).

.07 Section 1.274–5T(f)(4)(i) requires an

employee substantiating expenses (or making an “adequate accounting” of expenses)

to the employer to submit to the employer

records that satisfy the “adequate records”

requirements of § 1.274–5T(c)(2). However, § 1.274–5T(f)(4)(ii) provides that the

Commissioner may prescribe rules under

which an employee may make an adequate

accounting to the employer by submitting

an account book, diary, log, etc., alone,

without submitting documentary evidence.

SECTION 3. SCOPE

This revenue procedure provides rules

pursuant to § 1.274–5T(f)(4)(ii) under

which an employee of a federal government agency may make an adequate accounting to the employer to substantiate the

employee’s expenses for travel, entertainment, gifts, or listed property, by submitting an account book, diary, log, statement

of expense, trip sheet, or similar record,

without submitting documentary evidence.

SECTION 4. DEFINITIONS

.01 Documentary evidence. The term

“documentary evidence” means receipts,

paid bills, or similar evidence (whether on

11

paper or in electronic form) sufficient

to support an expenditure (as provided in

§ 1.274–5T(c)(2)(iii)).

.02 Employee. The term “employee”

has the same meaning as in 5 U.S.C. §

5701(2). The term “employee” also includes members of the uniformed services

(as defined in 37 U.S.C. § 101(3)) and

members of the Foreign Service (as defined in 22 U.S.C. § 3903).

.03 Employer. The term “employer”

means a federal government agency

(within the meaning of section 4.06 of

this revenue procedure) that reimburses

its employees under a reimbursement

arrangement for their expenses for travel,

entertainment, gifts, or listed property.

.04 Expenses or expenditures. The

terms “expenses” or “expenditures” mean

expenses under § 274(d) for travel (including meals and lodging away from

home), entertainment, gifts, or listed

property, incurred by an employee in connection with the performance of services

as an employee.

.05 Expense voucher. The term “expense voucher” means an account book,

d i a r y, log, statement of expense, trip

sheet, or similar record (within the meaning of § 1.274–5T(c)(2)(ii), and whether

on paper or in electronic form).

.06 Federal government agency. The

term “federal government agency” has the

same meaning as “agency” in 5 U.S.C.

§ 5701(1).

.07 Reimbursement. The term “reimbursement” includes advances, reimbursements, or allowances for expenses.

SECTION 5. APPLICATION

.01 In general An employee of a federal government agency may make an ad equate accounting to the employer to substantiate the employee’s expenses (under

§§ 1.274–5T(f)(2) and (4)(ii)) without

submitting documentary evidence, provided the employer makes the reimbursement pursuant to a written policy that includes all the procedures set forth in

section 5.02 of this revenue procedure.

An adequate accounting made pursuant to

these procedures satisfies the substantiation requirements applicable to accountable plans under § 1.62–2(c)(2). However, an employer must comply with the

other requirements of § 1.62–2 in order to

treat reimbursements as paid under an accountable plan.

October 14, 1997

.02 Required procedures

(1) The types and amounts of expenses

paid or incurred by the employee, or to be

paid or incurred by the employee, must be

approved by an appropriate official of the

employer (who is not the employee incurring the expenses), either in advance of,

or after, the employee pays or incurs the

expenses.

(2) Within a reasonable time after paying or incurring the expenses, the employee must submit to the employer an

expense voucher sufficient to establish

the elements of amount, time, place, and

business purpose (and, for gifts and entertainment, business relationship of the recipient or persons entertained) for each

expenditure or use.

(3) Except as provided in Rev. Proc.

96–63, 1996–2 C.B. 420, or Rev. Proc.

96–64, 1996–2 C.B. 427, or any successors, the employee must obtain and retain

for a period of four years after submitting

October 14, 1997

the expense voucher, documentary evidence for (a) expenditures of $75 or more,

and (b) all expenditures for lodging, and

produce the documentary evidence when

requested by the employer or the Service.

The employer must timely inform an employee receiving reimbursements of these

requirements.

(4) The employer must conduct periodic audits of a representative sample of

the expense vouchers submitted (including related documentary evidence), selected on a statistically sound basis.

Compliance with the applicable requirements of the General Accounting Office is

sufficient.

(5) The employer must either (a) collect from an employee any amount discovered on audit or otherwise to have

been reimbursed in excess of the amount

supported by the documentary evidence

required under section 5.02(3) of this revenue procedure, or (b) treat such excess as

12

paid under a nonaccountable plan.

(6) The employer’s policy and procedures (including audit procedures) for reimbursing employees for expenses must

be subject to review by an independent

government authority (such as its Inspector General or the General Accounting

Office).

SECTION 6. EFFECTIVE DATE

This revenue procedure is effective October 1, 1997.

DRAFTING INFORMATION

The principal author of this revenue

procedure is Donna M. Crisalli of the Office of Assistant Chief Counsel (Income

Tax and Accounting). For further information regarding this revenue procedure,

contact Ms. Crisalli at (202) 622-4920

(not a toll-free call).

1997–41 I.R.B.

Part IV. Items of General Interest

Foundations Status of Certain

Organizations

Announcement 97–101

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:

Advisory Committee of the Burton E.

Stevenson Endowment Fund,

Chillicothe, OH

Albina Head Start, Inc., Portland, OR

Animal Rescue and Rehabilitation

Foundation LTD, Savona, NY

Brooklyn Gastroenterological

Association, Brooklyn, NY

Broome County Chapter American

Institute of Banking, Binghamton, NY

Circolo Culturale Jazz, Inc.,

Staten Island, NY

Evergreen Network, Inc., Southport, CT

Family Life Center, Inc., Aliquippa, PA

Firedrake Inc., New York, NY

Foundation for Research in Cardiac

Surgery and Cardiovascular

Biology, Inc., New York, NY

Friends of Families, Buena Park, CA

Hip Hoppin Corporation, Brooklyn, NY

Hope Alliance for Animals, Branford, CT

International Institute for Trade and

Education, Inc., Brookline, MA

International Womens Club of New

England, Cape Neddick, ME

Inwood Heights Housing Development

Fund Corporation, Bronx, NY

Iota Kappa Lambda Schola,

Syracuse, NY

Iscomp Technical Institute,

Los Angeles, CA

Jose Napoleon Duarte Foundation, Inc.,

Great Falls, VA

1997–41 I.R.B.

Kundalini Yoga Ashram of

New York, Inc., New York, NY

La Coalicion Deportiva Hispano

Americana, Inc., New York, NY

Lao International Community

Development Center of CT., Inc.,

Hartford, CT

La Paloma, Inc., Watertown, CT

Las Puertas Housing Corporation,

Bronx, NY

Latin American Womens Association of

Connecticut, Inc., Hamden, CT

Latino Community Volunteers

Corps., Inc., Middleborough, MA

Latino Peace Officers Association of

Massachusetts, Charlestown, MA

Lawrence D. Bell Aerospace Museum,

Williamsville, NY

Lechendor Arts Group, Inc.,

New York, NY

Lewis Foundation for Disadvantaged

Children, Inc., New York, NY

Ley, Staten Island, NY

Lift Up a Standard Ministries, Inc.,

Copiague, NY

Lights on Deaf Theater, Ltd.,

Rochester, NY

Lions Youth Hockey Association, Ltd.,

Glen Head, NY

Living Farms, Inc., Bronx, NY

Local Education Alternatives Resource

Network, Inc., New York, NY

Long Island Animal Advocates, Inc.,

Rockville Centre, NY

Long Island Society Prevention of

Cruelty Children County Nassau, Inc.,

Mineola, NY

Maat, Inc., Brooklyn, NY

Madonna of the Streets, Inc.,

Buffalo, NY

Mahasatipatthana Meditation Center,

Inc., Brooklyn, NY

Maine Respite Home, Portland, ME

Making Ends Meet Foundation, Inc.,

Marblehead, MA

Management Corps for the Emerging

East, Inc., Wellesley, MA

Mariners Harbor Improvement

Corporation, Staten Island, NY

Mark A. Kent Scholarship Fund, Inc.,

Hingham, MA

The Mayors Committee for a Better

Community, Las Vegas, NV

Mount Eve Land Trust, Inc., Goshen, NY

Naked Theatre, Inc., New Haven, CT

Nantucket Education Trust, Inc.,

Mamticlet, MA

13

Napa State Hospital Volunteer Community

Advisory Board, Napa, CA

National Aids Memorial, Jersey City, NJ

National Association for Orphans &

Abandoned Children, Glenn Dale, MD

National Business Council for Family

Daycare, Inc., Kensington, CT

National Educational Technologies

Research Institute, Inc., Groton, CT

National Incarcerated Aids Network,

Leominster, MA

National Infertility Network Exchange,

East Meadow, NY

National Youth Achievement Foundation,

Bronx, NY

Neighborhood Assistance Center

Corporation, Woodhaven, NY

Nelson Memorial Playground Assn., Inc.,

Plymouth, MA

Ner Sarah Childrens Fund, Inc.,

Lawrence, NY

New England Alliance of Multiracial

Families, Inc., Medford, MA

New England Environmental Law

Society, Inc., Boston, MA

New Haven River Anglers, Inc., Bristol, VT

New Haven Womens Aids Coalition, Inc.,

New Haven, CT

New Hope, Lake Wood, CA

New Rochelle Opera Guild,

New Rochelle, NY

New Visions, Inc., Washington Mills, NY

Nightingale Research Foundation, Inc.,

Ogdensburg, NY

Non Hunters Rights Alliance,

Rockland, ME

Norman A. Fennell Memorial Scholarship

Foundation, Inc., Harwichport, MA

Northeast Bronx Redevelopment

Corporation, Bronx, NY

Nutmeg BMX, Inc., Bridgeport, CT

Ocean State Knitting Guild, Cranston, RI

Onteora Babe Ruth League, Inc.,

New York, NY

Optimum Professional Achievement

Foundation, Inc., Port Washington, NY

Organization for the Retirement of

People, Inc., Far Rockaway, NY

Our Daily Blessings, Albion, NY

Our Lady of Mt. Carmel Development

Corporation, New York, NY

Our Place Drop in Center,

Bellows Falls, VT

Paramus Affordable Housing

Corporation, Paramus, NJ

People Helping People with Christ, Inc.,

Wareham, MA

October 14, 1997

Region 15 PTO Perpetual Fund,

Southbury, CT

Sepharadic Heritage Alliance, Inc.,

Great Neck, NY

Spokane Chamber Choir, Colville, WA

Zanesville Green Commission, Inc.,

Zanesville, OH

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.

Delegation Order No. 97 (Rev. 34)

Delegation of Authority

A G E N C Y: Internal Revenue Service

(IRS), Treasury.

ACTION: Delegation of Authority

SUMMARY: The authority delegated by

the Commissioner of Internal Revenue to

the Assistant Commissioner (Employee

Plans and Exempt Organizations), to enter

into and approve certain closing agreements, may be redelegated to special assistants and division directors reporting

directly to the Assistant Commissioner

(Employee Plans and Exempt Organizations). The text of the delegation order

appears below.

EFFECTIVE DATE: August 18, 1997

FOR FURTHER INFORMATION CONTA C T: John H. Tu r n e r, CP:E:EP:P:2,

Room 6702, 1111 Constitution Avenue,

NW, Washington, DC 20224, (202) 6226214 (not a toll-free number).

Effective: August 18, 1997

Closing Agreements Concerning Internal

Revenue Tax Liability (Supplemented by

Delegation Orders No. 236, 245, 247 and

248)

1. Authority: To enter into and approve

a written agreement with any person relating to the internal revenue tax liability of

October 14, 1997

such person (or of the person or estate for

whom he or she acts) in respect to any

prospective transactions or completed

transactions if the request to the Chief

Counsel for determination or ruling was

made before any affected returns have

been filed. This does not include the authority to set aside any closing agreement.

Delegated to: The Chief Counsel in

cases under his/her jurisdiction.

Redelegation: This authority may be

redelegated no lower than the Deputy Associate Chief Counsels for cases under

their respective jurisdictions and to the

Assistant Chief Counsels for cases under

their respective jurisdictions that do not

involve precedent issues.

2. Authority: To enter into and approve

a written agreement with any person relating to the internal revenue tax liability of

such person (or of the person or estate for

whom he or she acts) for a taxable period

or periods ended prior to the date of

agreement and related specific items affecting other taxable periods. This does

not include the authority to set aside any

closing agreement.

Delegated to: The Associate Chief

Counsels and the Assistant Commissioners (Examination) and (International) for

matters under their respective jurisdictions.

Redelegation: The authority delegated

to the Associate Chief Counsels may be

redelegated, by the Deputy Chief Counsel,

to the Deputy Associate Chief Counsels.

The authority delegated to the Assistant

Commissioners (Examination) and (International) may be redelegated, respectively,

to the Deputy Assistant Commissioners

(Examination) and (International).

3. Authority: To enter into and approve

a written agreement with any person relating to the internal revenue tax liability of

such person (or of the person or estate for

whom he or she acts) with respect to the

performance of his or her functions as the

competent authority under the tax conventions of the United States. This does

not include the authority to set aside any

closing agreement.

Delegated to: The Assistant Commissioner (International).

Redelegation: This authority may be

redelegated to the Deputy Assistant Commissioner (International).

4. Authority: To enter into and approve

a written agreement with any person relat14

ing to the internal revenue tax liability of

such person (or of the person or estate for

whom he or she acts). This does not include the authority to set aside any closing agreement.

Delegated to: The Assistant Commissioner (Employee Plans and Exempt Organizations) in cases under his or her jurisdiction.

Redelegation: This authority may be

redelegated to special assistants and division directors reporting directly to the assistant commissioner.

5. Authority: To enter into and approve

a written agreement with any person relating to the internal revenue tax liability of

such person (or of the person or estate for

whom he or she acts), for a taxable period

or periods ended prior to the date of the

agreement and related specific items affecting other taxable periods. This does

not include the authority to set aside any

closing agreement.

Delegated to: In cases under their jurisdiction (but excluding cases docketed

before the United States Tax Court), the

Assistant Commissioner (International);

regional commissioners; regional counsel; regional chief compliance officers;

service center directors; district directors;

regional directors of appeals; assistant regional directors of appeals; chiefs and associate chiefs of appeals offices; and appeals team chiefs with respect to their

team cases.

Redelegation: 1. Service center directors and the Director, Austin Compliance

Center, may redelegate this authority no

lower than the Chief, Examination Support

Unit, with respect to agreements concerning the administrative disposition of certain tax shelter cases, and no lower than the

Chief, Windfall Profit Tax Staff, Austin

Service Center or Austin Compliance Center, with respect to entering into and approving a written agreement with the Tax

Matters Partner/Person (TMP) and one or

more partners or shareholders with respect

to whether the partnership or S corporation, acting through its TMP, is duly authorized to act on behalf of the partners or

shareholders in the determination of partnership or S corporation items for purposes

of the tax imposed by Chapter 45, and for

purposes of assessment and collection of

the windfall profit tax for such partnership

or S corporation taxable year.

1997–41 I.R.B.

2. The Assistant Commissioner (International) and district directors may redelegate this authority no lower than the

Chief, Quality Review Staff/Section with

respect to all matters, and not below the

Chief, Examination Support Staff/Section, or Chief, Planning and Special Programs Branch/Section, with respect to

agreements concerning the administrative

disposition of certain tax shelter cases, or

Chief, Special Procedures function, with

respect to the waiver of right to claim refunds for those responsible officers who

pay the corporate liability in lieu of a trust

fund recovery penalty assessment under

IRC 6672.

6. Authority: In cases under their jurisdiction docketed in the United States Tax

Court and in other Tax Court cases upon

the request of Chief Counsel or his/her

delegate, to enter into and approve a writ ten agreement with any person relating to

the internal revenue tax liability of such

person (or of the person or estate for

whom he or she acts), but only in respect

to related specific items affecting other

taxable periods. This does not include the

authority to set aside any closing agreement.

Delegated to: The associate chief

counsels; the Assistant Commissioners

(Employee Plans and Exempt Organizations) and (International); regional commissioners; regional counsel; regional directors of appeals; assistant regional

directors of appeals; chiefs and associate

chiefs of appeals offices; and appeals team

chiefs with respect to their team cases.

Redelegation: This authority may not

be redelegated.

7. Authority: In cases under the jurisdiction of the Assistant Commissioner

(International), to enter into and approve

a written agreement with any person relating to the internal revenue tax liability of

such person (or of the person or estate for

whom he/she acts), and to provide for the

mitigation of economic double taxation

under section 3 of Revenue Procedure

64–54, 1964–2 C.B. 1008, under Revenue

Procedure 72–22, 1972–1 C.B. 747, and

under Revenue Procedure 69–13, 1969–1

C.B. 402, and to enter into and approve a

written agreement providing the treatment

available under Revenue Procedure

65–17, 1965–1 C.B. 833. This does not

include the authority to set aside any closing agreement.

1997–41 I.R.B.

Delegated to: The Assistant Commissioner (International).

Redelegation: This authority may not

be redelegated.

S o u rces of Authority: 26 CFR

301.7121–1(a); Treasury Order No.

150–07; Treasury Order No. 150–09; and

Treasury Order No. 150–17, subject to the

transfer of authority covered in Treasury

Order No. 120–01, as modified by Treasury Order No. 150–27, as revised.

To the extent that the authority previously exercised consistent with this order

may require ratification, it is hereby affirmed and ratified.

This order supersedes Delegation

Order No. 97 (Rev. 33), which was effective March 15, 1996.

Approved August 18, 1997.

Michael P. Dolan

Deputy Commissioner

Changes to Volume Submitter

and Regional Prototype

Programs

Announcement 97–102

A. Introduction

Because the Internal Revenue Service

(Service) is consolidating its determination letter processing program at the Ohio

Key District Office in Cincinnati, changes

in the Volume Submitter and Regional

Prototype Programs are necessary. Previously, each key district office managed its

own program.

H o w e v e r, effective with the date of

publication of this announcement, all requests for Volume Submitter A d v i s o r y

letters and Regional Prototype Notification letters may only be submitted to the

Ohio Key District Office in Cincinnati.

All existing Notification and Advisory

letters remain valid. In addition, requests

for determination letters by employers

who adopt a Regional Prototype or Volume submitter plan may only be submitted to the Ohio Key District Office.

This Announcement provides practitioners with specific instructions for submitting requests for approval of Volume

Submitter and Regional Prototype plans

(both new or amended). In addition, the

Announcement provides instructions for

the submission of determination letter re15

quests for adopters of these types of plans.

B. Background

The Volume Submitter Program enables

the Service to expedite the issuance of determination letters in response to applications for approval of certain individually

designed retirement plans. Under the program, previously administered by each

key district office, a practitioner who

meets the standards in C below, may request the Service to issue an advisory letter regarding the volume submitter specimen plan. A specimen plan is a sample

plan of a practitioner (rather than the actual plan of an employer) that contains

provisions that are identical or substantially similar to the provisions in plans that

the practitioner’s clients have adopted or

are expected to adopt. Once the Service

approves the specimen plan, the practitioner is able to file determination letter

requests on behalf of employers adopting

substantially similar plans. These determination letter requests ordinarily will be

processed more quickly than requests for

other individually designed plans. The requirements for the Volume Submitter Program are described more fully in Rev.

Proc. 97–6, 1997–1 I.R.B. 153.

A Regional Prototype Plan is a plan that

is made available by a regional sponsor

for adoption by employers. A Regional

Prototype Plan consists of a basic plan

document, an adoption agreement, and

(with certain exceptions) a trust or custodial account document. Once the Service

has approved the plan, an employer is able

to request a determination letter, if needed

for reliance. These determination letters

ordinarily will be processed more quickly

than requests pertaining to individually

designed plans. The requirements for the

Regional Prototype Program are described

more fully in Rev. Proc. 89–13, 1989–1

C.B. 801, as modified.

C. Approval of Volume Submitter Plans

Once a Volume Submitter practitioner’s

specimen plan is approved by the Ohio

Key District (whether as a new specimen

plan or as an amendment to a previously

approved specimen plan) the approved

plan may be marketed throughout the

country.

See F. below for Where To File.

October 14, 1997

D. Approval of Regional Prototype Plans

G. Reliance

Since the Regional Prototype Program

is a national program with uniform rules

across the country, there will be no

change in the requirements for this program. Sponsors of Regional Prototype

Plans seeking a notification letter and

adopting employers seeking a determination letter should continue to follow the

instructions contained in Rev. proc.

89–13, as modified.

As of the date of the publication of this

Announcement, Regional Prototype sponsors may market approved Regional Prototype plans throughout the country.

See F. Below for Where to File.

Practitioners who already have Service

approved Volume Submitter and/or Regional Prototype plans may continue to

rely on their advisory/notification letters.

S i m i l a r l y, adopters of such plans who

have determination letters or are entitled

to rely on a notification letter, may continue to rely on them.

In certain instances, most notable a

large influx of applications, the application review may take place in an office

other than the Cincinnati office.

E. Registration of Regional Prototype

Plans

Sponsors of Regional Prototype Plans

must continue to meet the registration requirement of Section 14 of Rev. Proc.

89–13, as modified by Rev. Proc. 95–42

1995–2 C.B. 411.

F. Where to File

A request for approval of a volume submitter specimen plan should be submitted

to the Volume Submitter Coordinator in

the Ohio Key District Office at the following address:

Internal Revenue Service

P.O. Box 2508

Cincinnati, OH 45201

ATTN: VSC Coordinator

Room 4106

Practitioners who (1) sponsor Regional

Prototype Plans, (2) adopt the plans of

mass submitters approved by Headquarters after the date of this Announcement,

or (3) amend plans previously approved

by the Service, must submit their applications for notification letters to the Ohio

Key District Office.

Adopters of previously approved Volume Submitter and Regional Prototype

plans should address requests for determination letters to the Ohio Key District Office at the following address:

Internal Revenue Service

P.O. Box 192

Covington, KY 41012-0192

Applications shipped by Express Mail

or by a delivery service should be sent to:

Internal Revenue Service

201 West Rivercenter Boulevard

ATTN: Extracting Stop 312

Covington, KY 41011

October 14, 1997

H. Comments

The Service is presently considering

the feasibility of maintaining three separate volume type programs (Master and

Prototype, Regional Prototype and Volume Submitter). The Service is seeking

input from practitioners as to what, if any,

changes should be made to the programs.

Any practitioner wishing to comment on

this matter should address comments to:

Internal Revenue Service

1111 Constitution Avenue, NW

Washington DC 20224

ATTN: CP:E:EP:FC

Room 2236

Comments will be accepted until sixty

(60) days after the publication of this Announcement.

Optional Procedures for

Substantiating Certain Travel,

Etc., Expenses — Public

Comments Requested

Announcement 97–103

Rev. Proc. 97–45, page 10, provides

optional rules under which an employee

of a federal government agency who is reimbursed for ordinary and necessary business expenses relating to travel, entertainment, gifts, or listed property (such as an

employee’s automobile) may make an adequate accounting to the employer to substantiate those expenses (under §§

1.274–5T(f) (2) and (4) (ii) of the temporary Income Tax Regulations) by submitting an account book, diary, log, etc.,

alone, without submitting documentary

evidence such as receipts. These rules

generally apply to employees of the executive and judicial branches, and certain

employees of the legislative branch, of

the federal government. The Service re16

quests comments from federal government agencies on the procedure in Rev.

Proc. 97–45.

In addition, the Service will continue to

accept public comments (originally requested in connection with the publication of § 1.274–5T(f) (4) (ii)) regarding

whether there are circumstances or conditions (including the use of internal controls) under which the Service could extend procedures like those in Rev. Proc.

97–45 to employers that are not federal

government agencies.

Comments should be submitted by December 31, 1997 to: Internal Revenue Service, P.O. Box 7604, Ben Franklin Station,

Washington,

DC 20044, A t t n :

CC:DOM:CORP:T:R (IT&A Branch 2),

Room 5228. All materials submitted will be

available for public inspection and copying.

Section 7428(c) Validation of

Certain Contributions Made

During Pendency of Declaratory

Judgment Proceedings

This announcement serves notice to potential donors that the organizations listed

below have recently filed timely declaratory

judgment suits under section 7428 of the

Code, challenging revocation of their status

as eligible donees under section 170(c)(2).

Protection under section 7428(c) of the

Code begins on the date that the notice of

revocation is published in the Internal Revenue Bulletin and ends on the date on

which a court first determines that an organization is not described in section

170(c)(2), as more particularly set forth in

section 7428(c)(1). In the case of individual contributors, maximum amount of contributions protected during this period is

limited to $1,000, with a husband and wife

being treated as one contributor. This protection is not extended to any individual

who was responsible, in whole or in part,

for the acts or omissions of the organization that were the basis for the revocation.

This protection also applies (but without

limitation as to amount) to organizations

described in section 170(c)(2) which are

exempt from tax under section 501(a). If

the organization ultimately prevaisl in its

declaratory judgment suit, deductibility of

contributions would be subject to the normal limitations set forth under section 170.

Oriana House, Inc., Akron, Ohio

Don Stewart Association, Phoenix, AZ

1997–41 I.R.B.

1997–41 I.R.B.

17

October 14, 1997

October 14, 1997

18

1997–41 I.R.B.

1997–41 I.R.B.

19

October 14, 1997

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.

D i s t i n g u i s h e d 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 for merly 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.

October 14, 1997

20

1997–41 I.R.B.

Numerical Finding List 1

Railroad Retirement Quarterly Rate:

1997–28 I.R.B. 5

Bulletins 1997–27 through 1997–40

Announcements:

97–61, 1997–29 I.R.B. 13

97–67, 1997–27 I.R.B. 37

97–68, 1997–28 I.R.B. 13

97–69, 1997–28 I.R.B. 13

97–70, 1997–29 I.R.B. 14

97–71, 1997–29 I.R.B. 15

97–72, 1997–29 I.R.B. 15

97–73, 1997–30 I.R.B. 86

97–74, 1997–31 I.R.B. 16

97–75, 1997–32 I.R.B. 28

97–76, 1997–32 I.R.B. 28

97–77, 1997–33 I.R.B. 58

97–78, 1997–34 I.R.B. 11

97–79, 1997–35 I.R.B. 8

97–80, 1997–34 I.R.B. 12

97–81, 1997–34 I.R.B. 12

97–82, 1997–34 I.R.B. 12

97–83, 1997–34 I.R.B. 13

97–84, 1997–34 I.R.B. 13

97–85, 1997–35 I.R.B. 8

97–86, 1997–35 I.R.B. 9

97–87, 1997–35 I.R.B. 9

97–88, 1997–35 I.R.B. 9

97–89, 1997–36 I.R.B. 10

97–90, 1997–36 I.R.B. 10

97–91, 1997–37 I.R.B. 25

97–92, 1997–37 I.R.B. 26

97–93, 1997–36 I.R.B. 11

97–94, 1997–36 I.R.B. 12

97–95, 1997–36 I.R.B. 12

97–96, 1997–39 I.R.B. 15

97–97, 1997–38 I.R.B. 22

97–98, 1997–39 I.R.B. 15

97–99, 1997–40 I.R.B. 7

97–100, 1997–40 I.R.B. 8

Proposed Regulations:

REG–104893–97, 1997–29 I.R.B. 13

REG–105160–97, 1997–37 I.R.B. 22

REG–106043–97, 1997–37 I.R.B. 24

REG–107644–97, 1997–32 I.R.B. 24

REG–208151–91, 1997–38 I.R.B. 21

Revenue Procedures:

97–32, 1997–27 I.R.B. 9

97–32A, 1997–34 I.R.B. 10

97–33, 1997–30 I.R.B. 10

97–34, 1997–30 I.R.B. 14

97–35, 1997–33 I.R.B. 11

97–36, 1997–33 I.R.B. 14

97–37, 1997–33 I.R.B. 18

97–38, 1997–33 I.R.B. 43

97–39, 1997–33 I.R.B. 48

97–40, 1997–33 I.R.B. 50

97–41, 1997–33 I.R.B. 5

97–42, 1997–33 I.R.B. 57

97–43, 1997–39 I.R.B. 12

Revenue Rulings:

97–27, 1997–27 I.R.B. 4

97–28, 1997–28 I.R.B. 4

97–29, 1997–28 I.R.B. 4

97–30, 1997–31 I.R.B. 12

97–31, 1997–32 I.R.B. 4

97–32, 1997–33 I.R.B. 4

97–33, 1997–34 I.R.B. 4

97–34, 1997–34 I.R.B. 14

97–35, 1997–35 I.R.B. 4

97–36, 1997–36 I.R.B. 5

97–37, 1997–37 I.R.B. 15

97–38, 1997–38 I.R.B. 14

97–39, 1997–39 I.R.B. 4

97–40, 1997–39 I.R.B. 8

97–41, 1997–40 I.R.B. 4

Court Decisions:

Treasury Decisions:

2061, 1997–31 I.R.B. 5

2062, 1997–32 I.R.B. 8

8722, 1997–29 I.R.B. 4

8723, 1997–30 I.R.B. 4

8724, 1997–36 I.R.B. 4

8725, 1997–37 I.R.B. 16

8726, 1997–34 I.R.B. 7

8727, 1997–34 I.R.B. 5

8728, 1997–37 I.R.B. 4

8729, 1997–38 I.R.B. 4

8730, 1997–38 I.R.B. 16

Delegation Orders:

172 (Rev. 5), 1997–28 I.R.B. 6

Notices:

97–37, 1997–27 I.R.B. 4

97–38, 1997–27 I.R.B. 8

97–39, 1997–27 I.R.B. 8

97–40, 1997–28 I.R.B. 6

97–41, 1997–28 I.R.B. 6

97–42, 1997–29 I.R.B. 12

97–43, 1997–30 I.R.B. 9

97–44, 1997–31 I.R.B. 15

97–45, 1997–33 I.R.B. 7

97–46, 1997–34 I.R.B. 10

97–47, 1997–35 I.R.B. 5

97–48, 1997–35 I.R.B. 5

97–49, 1997–36 I.R.B. 8

97–50, 1997–37 I.R.B. 21

97–51, 1997–38 I.R.B. 20

97–52, 1997–38 I.R.B. 20

97–53, 1997–40 I.R.B. 6

97–55, 1997–40 I.R.B. 6

1

A cumulative list of all revenue rulings, revenue

procedures, Treasury decisions, etc., published in

Internal Revenue Bulletins 1997–1 through 1997–26

will be found in Internal Revenue Bulletin 1997–27,

dated July 7, 1997.

1997–41 I.R.B.

21

October 14, 1997

Finding List of Current Action on

Previously Published Items1

Bulletins 1997–27 through 1997–40

*Denotes entry since last publication

Revenue Procedures:

96–36

Superseded by

97–34, 1997–30 I.R.B. 14

96–42

Superseded by

97–27, 1997–27 I.R.B. 9

97–32

Modified and amplified by

97–32A, 1997–34 I.R.B. 10

Revenue Rulings:

89–42

Supplemented by

97–31, 1997–32 I.R.B. 4

93–76

Clarified, modified, partially

obsoleted, and superceded by

97–39, 1997–39 I.R.B 4

94–7

Clarified, modified, partially

obsoleted, and superceded by

97–39, 1997–39 I.R.B 4

1

A cumulative finding list for previously published

items mentioned in Internal Revenue Bulletins

1997–1 through 1997–26 will be found in Internal

Revenue Bulletin 1997–27, dated July 7, 1997.

October 14, 1997

22

1997–41 I.R.B.

October 14, 1997

26

1997–41 I.R.B.

INTERNAL REVENUE BULLETIN

The Introduction on page 3 describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on

a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superintendent of Documents when their subscriptions must be renewed.

CUMULATIVE BULLETINS

The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are

sold on a single copy basis and are not included as part of the subscription to the Internal Revenue Bulletin. Subscribers to the

weekly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of

print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them

from the Superintendent of Documents.

HOW TO ORDER

Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance, detach entire page, and mail to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Please

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

WE WELCOME COMMENTS ABOUT THE

INTERNAL REVENUE BULLETIN

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

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

(www.irs.ustreas.gov) or write to the IRS Bulletin Unit, T:FP:F:CD, Room 5560, 1111 Constitution Avenue NW, Washington, DC

20224. You can also leave a recorded message 24 hours a day, 7 days a week at 1–800–829–9043.

Superintendent of Documents

U.S. Government Printing Office

Washington, DC 20402

Official Business

Penalty for Private Use, $300

First Class Mail

Postage and Fees Paid

GPO

Permit No. G–26

INTERNAL REVENUE BULLETIN

The Introduction on page 3 describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on

a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superintendent of Documents when their subscriptions must be renewed.

CUMULATIVE BULLETINS

The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are

sold on a single copy basis and are not included as part of the subscription to the Internal Revenue Bulletin. Subscribers to the

weekly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of

print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them

from the Superintendent of Documents.

HOW TO ORDER

Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance, detach entire page, and mail to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Please

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

WE WELCOME COMMENTS ABOUT THE

INTERNAL REVENUE BULLETIN

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

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

(www.irs.ustreas.gov) or write to the IRS Bulletin Unit, T:FP:F:CD, Room 5560, 1111 Constitution Avenue NW, Washington, DC

20224. You can also leave a recorded message 24 hours a day, 7 days a week at 1–800–829–9043.

Internal Revenue Service

Washington, DC 20224

Official Business

Penalty for Private Use, $300

First Class Mail

Postage and Fees Paid

IRS

Permit No. G–48

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

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