Bulletin No. 1997–27

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Bulletin No. 1997–27

July 7, 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

Rev. Rul. 97–27, page 4.

Federal rates; adjusted federal rates, adjusted federal long-term rate; and the long-term exempt rate.

For purposes of sections 1274, 1288, 382, and other

sections of the Code, tables set forth the rates for July

1997.

recovery credit for taxable years beginning in the 1997

calendar year is determined without regard to the

phase-out for crude oil price increases provided in

section 43(b) of the Code.

EXEMPT ORGANIZATIONS

Notice 97–37, page 8.

Elections into mark-to-market accounting. The Service will issue additional guidance on elections under

section 1.475(c)–1 of the regulations. This notice also

extends the deadline to make a customer paper election

on a retroactive basis.

Announcement 97–67, page 37.

A list is given of organizations now classified as private

foundations.

Notice 97–38, page 8.

1997 marginal production rates. This notice announces the applicable percentage to be used in determining percentage depletion on marginal production in

tax years beginning in the 1997 calendar year.

Rev. Proc. 97–32, page 9.

Reproduction of forms; Forms 1096, 1098, 1099

series, 5498, and W–2G. Requirements are set forth

for reproducing paper substitutes for Forms 1096,

1098, 1099 series, 5498, and W–2G, and for furnishing

substitute statements to form recipients. Rev. Proc.

96–42 superseded.

Notice 97–39, page 8.

1997 enhanced oil recovery credit. The enhanced oil

Finding Lists begin on page 40.

Announcement of Disbarments and Suspensions begins on page 38.

Index for January—June begins on page 43.

ADMINISTRATIVE

Mission of the Service

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 products and services; and perform in a

manner warranting the highest degree of public

confidence in our integrity, efficiency, and fairness.

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 of ficers 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 cour tesy 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.

court decisions, rulings, and procedures 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,

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, D.C. 20402.

3

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

Section 42.—Low-Income Housing

Credit

Section 412.—Minimum Funding

Standards

Section 846.—Discounted Unpaid

Losses Defined

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of July 1997. See Rev. Rul. 97–27,

this page.

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of July 1997. See Rev. Rul. 97–27,

this page.

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of July 1997. See Rev. Rul. 97–27,

this page.

Section 467.—Certain Payments

for the Use of Property or Services

Section 1274.—Determination of

Issue Price in the Case of Certain

Debt Instruments Issued for

Property

Section 220.—Medical Savings

Accounts

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Section 280G.—Golden Parachute

Payments

Federal short-term, mid-term, and long-term

rates are set forth for the month of July 1997. See

Rev. Rul. 97–27, this page.

Section 382.—Limitation on Net

Operating Loss Carryforwards and

Certain Built-In Losses Following

Ownership Change

The adjusted federal long-term rate is set forth

for the month of July 1997. See Rev. Rul. 97–27,

this page.

Section 408.—Individual

Retirement Accounts

26 CFR 1.408–5: Annual reports by trustees or

issuers.

Specifications for paper substitutes for Form

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

26 CFR 1.408–7: Reports on distributions from

individual retirement plans.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of July 1997. See Rev. Rul. 97–27,

this page.

(Also Sections 42, 280G, 382, 412, 467, 468, 482,

483, 642, 807, 846, 1288, 7520, 7872.)

Rev. Rul. 97–27

Section 468.—Special Rules for

Mining and Solid Waste

Reclamation and Closing Costs

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of July 1997. See Rev. Rul. 97–27,

this page.

Section 483.—Interest on Certain

Deferred Payments

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of July 1997. See Rev. Rul. 97–27,

this page.

Section 807.—Rules for Certain

Reserves

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of July 1997. See Rev. Rul. 97–27,

this page.

This revenue ruling provides various

prescribed rates for federal income tax

purposes for July 1997 (the current

month.) Table 1 contains the short-term,

mid-term, and long-term applicable federal rates (AFR) for the current month

for purposes of section 1274(d) of the

Internal Revenue Code. Table 2 contains

the short-term, mid-term, and long-term

adjusted applicable federal rates (adjusted AFR) for the current month for

purposes of section 1288(b). Table 3 sets

forth the adjusted federal long-term rate

and the long-term tax-exempt rate described in section 382(f). Table 4 contains the appropriate percentages for determining the low-income housing credit

described in section 42(b)(2) for buildings placed in service during the current

month. Table 5 contains the federal rate

for determining the present value of an

annuity, an interest for life or for a term

of years, or a remainder or a reversionary interest for purposes of section 7520.

Finally, Table 6 contains the blended

annual rate for purposes of section 7872.

REV. RUL. 97–27 TABLE 1

Applicable Federal Rates (AFR) for July 1997

Period for Compounding

Annual

Semiannual

Quarterly

Monthly

Short-Term

AFR

110% AFR

120% AFR

130% AFR

6.07%

6.69%

7.31%

7.92%

5.98%

6.58%

7.18%

7.77%

5.94%

6.53%

7.12%

7.70%

5.91%

6.49%

7.07%

7.65%

Mid-Term

AFR

110% AFR

120% AFR

6.65%

7.32%

8.00%

6.54%

7.19%

7.85%

6.49%

7.13%

7.77%

6.45%

7.08%

7.72%

July 7, 1997

4

1997–27

I.R.B.

REV. RUL. 97–27 TABLE 1—Continued

Applicable Federal Rates (AFR) for July 1997

Period for Compounding

Annual

Semiannual

Quarterly

Monthly

Mid-Term (continued)

130% AFR

150% AFR

175% AFR

8.68%

10.05%

11.78%

8.50%

9.81%

11.45%

8.41%

9.69%

11.29%

8.35%

9.62%

11.19%

Long-Term

AFR

110% AFR

120% AFR

130% AFR

6.99%

7.70%

8.41%

9.13%

6.87%

7.56%

8.24%

8.93%

6.81%

7.49%

8.16%

8.83%

6.77%

7.44%

8.10%

8.77%

REV. RUL. 97–27 TABLE 2

Adjusted AFR for July 1997

Period for Compounding

Annual

Semiannual

Quarterly

Monthly

Short-term

adjusted AFR

3.99%

3.95%

3.93%

3.92%

Mid-term

adjusted AFR

4.71%

4.66%

4.63%

4.62%

Long-term

adjusted AFR

5.45%

5.38%

5.34%

5.32%

REV. RUL. 97–27 TABLE 3

Rates Under Section 382 for July 1997

Adjusted federal long-term rate for the current month

5.45%

Long-term tax-exempt rate for ownership changes during the current month (the highest of the

adjusted federal long-term rates for the current month and the prior two months.)

5.64%

REV. RUL. 97–27 TABLE 4

Appropriate Percentages Under Section 42(b)(2) for July 1997

Appropriate percentage for the 70% present value low-income housing credit

8.60%

Appropriate percentage for the 30% present value low-income housing credit

3.69%

REV. RUL. 97–27 TABLE 5

Rate Under Section 7520 for July 1997

Applicable federal rate for determining the present value of an annuity, an interest for life or a

term of years, or a remainder or reversionary interest

8.0%

REV. RUL. 97–27 TABLE 6

Blended Annual Rate for 1997

Section 7872(e)(2) blended annual rate for 1997

1997–27

I.R.B.

5.85%

5

July 7, 1997

Section 1288.—Treatment of

Original Issue Discount on

Tax-Exempt Obligations

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of July 1997. See Rev. Rul. 97–27,

page 4.

Section 6041.—Information at

Source

26 CFR 1.6041–1: Return of information as to

payments of $600 or more.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

26 CFR 7.6041–1: Return of information as to

payments of winnings from bingo, keno, and slot

machines (Temporary).

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Section 6041A.—Returns

Regarding Payments of

Remuneration for Services and

Direct Sales

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Section 6042.—Returns Regarding

Payments of Dividends and

Corporate Earnings and Profits

26 CFR 1.6044–5: Statements to recipients of

patronage dividends.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Section 6045.—Returns of Brokers

26 CFR 1.6045–1: Returns of information of

brokers and barter exchanges.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

26 CFR 5f.6045–1: Returns of information for

brokers and barter exchanges (Temporary).

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

26 CFR 1.6050B–1: Information returns by person

making unemployment compensation payments.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

26 CFR 1.6050D–1: Information returns relating

to energy grants and financing.

26 CFR 1.6045–4: Information reporting on real

estate transactions with dates of closing on or

after January 1, 1991.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Section 6047.—Information

Relating to Certain Trusts and

Annuity Plans

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Section 6050B.—Returns Relating

to Unemployment Compensation

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Section 6043.—Liquidating, Etc.,

Transactions

Specifications for paper substitutes for Form

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Section 6050D.—Returns Relating

to Energy Grants and Financing

26 CFR 1.6047–1: Information to be furnished

with regard to employee retirement plan covering

an owner-employee.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

26 CFR 1.6050A–1: Reporting requirements of

certain fishing boat operators.

26 CFR 1.6045–2: Furnishing statement required

with respect to certain substitute payments.

26 CFR 1.6042–2: Returns of information as to

dividends paid in calendar years after 1962.

26 CFR 1.6042–4: Statements to recipients of

dividend payments.

Section 6050A.—Reporting

Requirements of Certain Fishing

Boat Operators

Section 6049.—Returns Regarding

Payments of Interest

26 CFR 1.6049–4: Return of information as to

interest paid and original issue discount includible

in gross income after December 31, 1982.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

26 CFR 1.6049–6: Statements to recipients of

interest payments and holders of obligations for

attributed original issue discount.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Section 6050E.—State and Local

Income Tax Refunds

26 CFR 1.6050E–1: Reporting of State and local

income tax refunds.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Section 6050H.—Returns Relating

to Mortgage Interest Received in

Trade or Business From Individuals

26 CFR 1.6050H–1: Information reporting of

mortgage interest received in a trade or business

from an individual.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

26 CFR 1.6050H–2: Time, form, and manner of

reporting interest received on qualified mortgage.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Section 6044.—Returns Regarding

Payments of Patronage Dividends

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Section 6050J.—Returns Relating

to Foreclosures and Abandonments

of Security

26 CFR 1.6044–2: Returns of information as to

payments of patronage dividends with respect to

patronage occurring in taxable years beginning

after 1962.

26 CFR 1.6049–7: Returns of information with

respect to REMIC regular interests and collateralized debt obligations.

26 CFR 1.6050J–1T: Questions and answers concerning information returns relating to foreclosures and abandonments of security (Temporary).

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

July 7, 1997

6

1997–27

I.R.B.

Section 6050N.—Returns

Regarding Payments of Royalties

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

26 CFR 1.6050N–1: Statements to recipients of

royalties.

Specifications for paper substitutes for Forms

1096, 1098, 1099, 5498, and W–2G. See Rev.

Proc. 97–32, page 9.

Section 6050P.—Returns Relating

to the Cancellation of Indebtedness

by Certain Entities

Section 6050Q.—Certain

Long-Term Care Benefits

Specifications for paper substitutes for Forms

1096, 1098, 5498, and W–2G. See Rev. Proc.

97–32, page 9.

Section 7520.—Valuation Tables

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of July 1997. See Rev. Rul. 97–27,

page 4.

Section 7872.—Treatment of Loans

With Below-Market Interest Rates

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the

month of July 1997. See Rev. Rul. 97–27,

page 4.

26 CFR 1.6050P–1: Information reporting for

discharges of indebtedness by certain financial

entities.

1997–27

I.R.B.

7

July 7, 1997

Part III. Administrative, Procedural, and Miscellaneous

Elections Into Mark-to-Market

Accounting Under Section

1.475(c)–1 of the Regulations

Notice 97–37

On December 24, 1996, final regulations (T.D. 8700, [1997–7 I.R.B. 5] 61

F.R. 67715) were published to furnish

guidance under § 475 of the Internal

Revenue Code, including the scope of

exemptions from the mark-to-market requirements. These regulations contain

elections out of certain exemptions, including the intragroup-customer election

(§ 1.475(c)–1(a)(3)(iii)(B) of the Income Tax Regulations), the customer

paper election (§ 1.475(c)–1(b)(4)(i)),

and the negligible sales election

(§ 1.475(c)–1(c)(1)(ii)).

Section

1.475(c)–1(b)(4)(i)(B) provides a June

23, 1997, deadline to make the customer

paper election on an amended return.

The Internal Revenue Service recognizes that taxpayers need further guidance concerning these elections. The

Service intends to issue guidance that

will address the interplay of the elections under § 1.475(c)–1, the extent to

which these elections are available on a

retroactive basis, and the application of

the § 475(b)(2) identification requirements to taxpayers making these elections. Because taxpayers need additional

guidance to evaluate whether to make

an election, and because the elections

cannot be revoked without the consent

of the Commissioner, the additional

guidance will extend the filing deadline

from June 23, 1997, to at least 45 days

after that guidance is released. It should

be noted, however, that an amended

return making an election must be filed

within the statute of limitations on assessment under § 6501(a).

The principal drafter of this notice is

Alan B. Munro of the Office of Assistant Chief Counsel (Financial Institutions and Products). For further information regarding this notice contact Mr.

Munro on (202) 622–3920 (not a tollfree call).

1997 Marginal Production Rates

Notice 97–38

Section 613A(c)(6)(C) of the Internal

Revenue Code defines the term ‘‘applicable percentage’’ for purposes of determining percentage depletion for oil and

gas produced from marginal properties.

The applicable percentage is the perJuly 7, 1997

centage (not greater than 25 percent)

equal to the sum of 15 percent, plus one

percentage point for each whole dollar

by which $20 exceeds the reference

price (determined under § 29(d)(2)(C))

for crude oil for the calendar year

preceding the calendar year in which the

taxable year begins. The reference price

determined under § 29(d)(2)(C) for the

1996 calendar year is $18.46.

Table 1 contains the applicable percentages for marginal production for

taxable years beginning in calendar

years 1991 through 1997.

Notice 97–38 Table 1

APPLICABLE PERCENTAGE FOR

MARGINAL PRODUCTION

Calendar Year

Applicable

Percentage

1991

1992

1993

1994

1995

1996

1997

15 percent

18 percent

19 percent

20 percent

21 percent

20 percent

16 percent

DRAFTING INFORMATION

The principal author of this notice is

Brenda M. Stewart of the Office of

Assistant Chief Counsel (Passthroughs

and Special Industries). For further information regarding this notice contact

Ms. Stewart on (202) 622–3120 (not a

toll-free call).

1997 Section 43 Inflation

Adjustment

Notice 97–39

Section 43(b)(3)(B) of the Internal

Revenue Code requires the Secretary to

publish an inflation adjustment factor.

The enhanced oil recovery credit under

§ 43 for any taxable year is reduced if

the ‘‘reference price,’’ determined under

§ 29(d)(2)(C), for the calendar year preceding the calendar year in which the

taxable year begins is greater than $28

multiplied by the inflation adjustment

factor for that year.

The term ‘‘inflation adjustment factor’’ means, with respect to any calendar

year, a fraction the numerator of which

is the GNP implicit price deflator for the

preceding calendar year and the denominator of which is the GNP implicit price

deflator for 1990.

8

Because the reference price for the

1996 calendar year ($18.46) does not

exceed $28 multiplied by the inflation

adjustment factor for the 1997 calendar

year, the enhanced oil recovery credit

for qualified costs paid or incurred in

1997 is determined without regard to the

phase-out for crude oil price increases.

Table 1 contains the GNP implicit

price deflator used for the 1997 calendar

year, as well the previously published

GNP implicit price deflators used for the

1991 through 1996 calendar years.

Notice 97–39 TABLE 1

GNP IMPLICIT PRICE DEFLATORS

Calendar

GNP Implicit Price

Year

Deflator

1990

112.9 (used for 1991)

1991

117.0 (used for 1992)

1992

120.9 (used for 1993)

1993

124.1 (used for 1994)

1994

126.0 (used for 1995)

1995

107.5 (used for 1996)*

1996

109.7 (used for 1997)

*Beginning in 1995, the GNP implicit price deflator was rebased relative to 1992. The 1990 GNP implicit

price deflator used to compute the

1996 § 43 inflation adjustment factor

is 93.6.

Table 2 contains the inflation adjustment factor and the phase-out amount

for taxable years beginning in the 1997

calendar year as well as the previously

published inflation adjustment factors

and phase-out amounts for the 1991

through 1996 calendar years.

Notice 97–39 TABLE 2

INFLATION ADJUSTMENT

FACTORS AND PHASE-OUT

AMOUNTS

Inflation

Calendar

Adjustment Phase-out

Year

Factor

Amount

1991

1.0000

0

1992

1.0363

0

1993

1.0708

0

1994

1.0992

0

1995

1.1160

0

1996

1.1485

0

1997

1.1720

0

DRAFTING INFORMATION

The principal author of this notice is

Brenda M. Stewart of the Office of

Assistant Chief Counsel (Passthroughs

and Special Industries). For further information regarding this notice contact

1997-27

I.R.B.

Ms. Stewart on (202) 622–3120 (not a

toll-free call).

26 CFR 601.602: Forms and instructions.

(Also Part I, Sections 220, 408, 6041, 6041A,

6042, 6043, 6044, 6045, 6047, 6049, 6050A,

6050B, 6050D, 6050E, 6050H, 6050J, 6050N,

6050P, 6050Q, 1.408–5, 1.408–7, 1.6041–1,

7.6041–1, 1.6042–2, 1.6042–4, 1.6044–2,

1.6044–5, 1.6045–1, 5f.6045–1, 1.6045–2,

1.6045–4, 1.6047–1, 1.6049–4, 1.6049–6,

1.6049–7, 1.6050A–1, 1.6050B–1, 1.6050D–1,

1.6050E–1, 1.6050H–1, 1.6050H–2, 1.6050J–1T,

1.6050N–1, 1.6050P–1)

Rev. Proc. 97–32

CONTENTS

PART A. GENERAL

SECTION 1. PURPOSE

SECTION

2.

NATURE

OF

CHANGES

SECTION 3. REQUIREMENTS FOR

ACCEPTABLE

SUBSTITUTE

FORMS 1096, 1098, 1099, 5498,

AND W–2G

SECTION 4. DEFINITIONS

SECTION 5. INSTRUCTIONS FOR

PREPARING PAPER FORMS

THAT WILL BE FILED WITH

THE IRS (COPY A)

SECTION 6. MAGNETIC MEDIA

AND ELECTRONIC FILING

SECTION 7. SUBSTITUTE STATEMENTS TO FORM RECIPIENTS

AND FORM RECIPIENT COPIES

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

Form 1098

Form 1099–A

Form 1099–B

Form 1099–C

Form 1099–DIV

Form 1099–G

Form 1099–INT

Form 1099–LTC

Form 1099–MISC

Form 1099–MSA

Form 1099–OID

Form 1099–PATR

Form 1099–R

(n)

(o)

(p)

(q)

(r)

Form 1099–S

Form W–2G

Form 5498

Form 5498–MSA

Form 1096

I.R.B.

PART C. PECIFICATIONS FOR

SUBSTITUTE FORMS W–2G TO BE

FILED WITH IRS

SECTION 1. GENERAL

SECTION

2. SPECIFICATIONS

FOR COPY A OF FORMS W–2G

PART D. DDITIONAL INSTRUCTIONS

FOR FORMS 1098, 1099, 5498,

AND W–2G

SECTION 1. OTHER COPIES

SECTION 2. OMB REQUIREMENTS

SECTION

3. REPRODUCIBLE

COPIES

SECTION 4. EFFECT ON OTHER

REVENUE PROCEDURES

PART E. EXHIBITS

EXHIBIT A. Form 1098

EXHIBIT B. Form 1099–A

EXHIBIT C. Form 1099–B

EXHIBIT D. Form 1099–C

EXHIBIT E. Form 1099–DIV

EXHIBIT F. Form 1099–G

EXHIBIT G. Form 1099–INT

EXHIBIT H. Form 1099–LTC

EXHIBIT I. Form 1099–MISC

EXHIBIT J. Form 1099–MSA

EXHIBIT K. Form 1099–OID

EXHIBIT L. Form 1099–PATR

EXHIBIT M. Form 1099–R

EXHIBIT N. Form 1099–S

EXHIBIT O. Form W–2G

EXHIBIT P. Form 5498

EXHIBIT Q. Form 5498–MSA

EXHIBIT R. Form 1096

PART A. GENERAL

SECTION 1. PURPOSE

.01 The purpose of this revenue procedure is to set forth the requirements

for:

1. Using official Internal Revenue

Service (IRS) forms to file information

returns with the IRS,

2. Preparing acceptable substitutes of

the official IRS forms to file information returns with the IRS, and

3. Using official or acceptable substitute forms to furnish information to a

recipient.

This revenue procedure contains specifications for the following information

returns:

Mortgage Interest Statement;

Acquisition or Abandonment of Secured Property;

Proceeds From Broker and Barter Exchange Transactions;

Cancellation of Debt;

Dividends and Distributions;

Certain Government Payments;

Interest Income;

Long-Term Care and Accelerated Death Benefits;

Miscellaneous Income;

Distributions From Medical Savings Accounts;

Original Issue Discount;

Taxable Distributions Received From Cooperatives;

Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance

Contracts, etc.;

Proceeds From Real Estate Transactions;

Certain Gambling Winnings;

IRA, SEP, or SIMPLE Retirement Plan Information;

Medical Savings Account Information; and

Annual Summary and Transmittal of U.S. Information Returns.

.02 For the purpose of this revenue

procedure, a substitute form or statement

is one that is not printed by the IRS. For

a substitute form or statement to be

acceptable to the IRS, it must conform

to the official form or the specifications

outlined in this revenue procedure. DO

1997-27

PART B. SPECIFICATIONS FOR

SUBSTITUTE FORMS TO BE FILED

WITH IRS (EXCEPT Form W–2G)

SECTION 1. GENERAL

SECTION

2. SPECIFICATIONS

FOR FORM 1096 AND COPY A

OF FORMS 1098, 1099, AND

5498

NOT SUBMIT ANY SUBSTITUTE

FORMS OR STATEMENTS TO IRS

FOR APPROVAL. Private printers may

not state ‘‘This is an IRS approved

form.’’ Further, only those forms that

conform to the official form or comply

with the specifications set forth herein

9

are acceptable. See Part A, Section 7,

for the specifications that apply to form

recipient statements (generally Copy B).

.03 Filers who make payments to

certain persons (payees) (or in some

cases receive payments) during a calendar year are required by the Internal

July 7, 1997

Revenue Code (IRC) to file information

returns with the IRS reflecting these

payments. Further, as discussed below,

these filers must provide this information to their payees.

.04 In general, the manner in which a

filer must file an information return is

governed by section 6011 of the IRC. A

filer must file information returns on

magnetic media (including electronic filing) or on paper. Under section 6011 of

the IRC, a filer who is required to file

250 or more information returns (of any

one type) during a calendar year must

file those returns on magnetic media.

Filers required to file less than 250

returns during a calendar year may, but

are not required to, file such information

returns on magnetic media (small volume filers). The IRS explains these legal

requirements for filing information returns (and providing a copy to a payee)

in the annual publication of Instructions

for Forms 1099, 1098, 5498, and W–2G.

.05 Copies of the official forms for

the reporting year and the instruction

booklet may be obtained by calling our

toll-free number 1–800–TAX–FORM

(1–800–829–3676).

.06 The IRS prints and provides the

forms on which various payments must

be reported. Alternatively, filers may

prepare substitute copies of these IRS

forms and use such forms to report

payments to the IRS.

.07 IRS operates a centralized call

site, located at the Martinsburg Computing Center (MCC), to answer questions

related to information returns, penalties,

and backup withholding. The call site

phone number is 304–263–8700. The

number for Telecommunications Device

for the Deaf (TDD) is 304–267–3367.

These are not toll-free numbers.

.08 IRS has established a personal

computer based Information Reporting

Program Bulletin Board System (IRPBBS) at MCC. This system provides

information about forms and publications, including this revenue procedure,

news of the latest changes, answers to

questions, and other features. The IRPBBS is available for public use and can

be reached by dialing 304–264–7070.

The IRP–BBS is compatible with most

modems. For more information concerning this system, call MCC at 304–263–

8700 Monday through Friday 8:30 A.M.

to 4:30 P.M. eastern time.

SEC. 2. NATURE OF CHANGES

.01 The text and exhibits were updated for tax year 1997.

July 7, 1997

.02 Three new forms were developed

for tax year 1997. They are: Form

1099–LTC, Long-Term Care and Accelerated Death Benefits (Exhibit H); Form

1099–MSA, Distributions From Medical

Savings Accounts (Exhibit J); and Form

5498–MSA, Medical Savings Account

Information (Exhibit Q).

.03 Information about including telephone numbers on recipient statements

was added to Part A, Sections 7.01(8)

and 7.03(3).

.04 Several existing forms were

changed as follows: Form 1099–C (Exhibit D) was changed by eliminating box

4, previously titled ‘‘Penalties, fines,

admin. costs included in box 2’’; Form

1099–MISC (Exhibit I) was changed by

deleting the reporting of Excess Golden

Parachute Payments (EPP) in box 7 and

moving it the reporting to a new box 13;

Form 1099–PATR (Exhibit L) was

changed by retitling box 7 from ‘‘Energy

investment credit’’ to ‘‘Investment

credit’’, and retitling box 8 from ‘‘Jobs

credit’’ to ‘‘Work opportunity credit’’;

Form 1099–R (Exhibit M) was changed

by adding ‘‘SIMPLE’’ to the check box

in box 7 to designate a distribution from

a SIMPLE retirement account; The title

of Form 5498 (Exhibit P) was changed

to ‘‘IRA, SEP or SIMPLE Retirement

Plan Information’’, the title of box 2 was

changed from ‘‘Rollover IRA contributions’’ to ‘‘IRA, SEP, or SIMPLE

rollover contributions,’’ IRA and

SIMPLE check boxes were added to box

5 to designate the type of account, box 6,

titled ‘‘SEP contributions,’’ was added to

report SEP contributions, box 7, titled

‘‘SIMPLE contributions,’’ was added to

report SIMPLE contributions; and Form

1096 (Exhibit R) was changed to include

three new checkboxes for new Forms

1099–LTC, 1099–MSA and 5498–MSA.

NOTE: REFER TO THE 1997 INSTRUCTIONS FOR FORMS 1099,

1098, 5498, AND W–2G FOR ADDITIONAL INFORMATION REGARDING

THESE FORM CHANGES.

.05 The IRS mailing address in Part

A, Sec. 3.01 has changed.

.06 A statement regarding the use of

logos on substitute statements to recipients was added to Part A, Sec. 7.01 (9).

SEC. 3 REQUIREMENTS FOR

ACCEPTABLE SUBSTITUTE FORMS

1096, 1098, 1099, 5498, and

W–2G

.01 Paper substitutes for Form 1096

and Copy A of Forms 1098, 1099, 5498,

and W–2G that totally conform to the

10

specifications contained in this revenue

procedure may be privately printed and

filed as returns with the IRS. The reference to the Department of the Treasury Internal Revenue Service should be included on all such forms. If you are

uncertain of any specification set forth

herein and want that specification clarified, you may submit a letter citing the

specification in question, giving your

understanding and interpretation of the

specification, and enclosing an example

of the form (if appropriate) to:

Internal Revenue Service

ATTN: IRP Coordinator - T:S:P:S

1111 Constitution Avenue, NW

Washington, DC 20224

NOTE: Allow at least 45 days for the

IRS to respond.

.02 Copy B (Form 1098 - For Payer,

Form 1099–A - For Borrower, Form

1099–C - For Debtor, Form 1099–LTC For Policyholder, Form 1099–S - For

Transferor, Other Forms 1099 - For Recipient, Forms 5498 and 5498–MSA For Participant, and Forms W–2G and

1099–R - To Be Attached To the Federal

Tax Return), and Copy C - (Form

1099–R - For Recipient’s Records, Form

W–2G - For Winner’s Records and,

Form 1099–LTC - For Insured) must

contain the information specified in Part

A, Section 7 in order to constitute a

‘‘statement’’ or ‘‘official form’’ under the

applicable provisions of the Internal Revenue Code. The format of this information is at the discretion of the filer with

the exception of the location of the tax

year, form number and form name specified in Part A, Section 7.01(6) and

7.03(1) and composite Form 1099 statements specified in PART A, Section 7.02.

.03 Forms 1096, 1098, 1099, 5498,

and W–2G are subject to annual review

and possible change. Therefore, filers

are cautioned against overstocking supplies of privately printed substitutes.

THE SPECIFICATIONS CONTAINED

IN THIS REVENUE PROCEDURE APPLY TO 1997 FORMS ONLY.

.04 Proposed substitutes for Copy A

that do not conform to the specifications

in this revenue procedure are not acceptable. Further, if you file such forms with

IRS, you may be subject to a penalty for

failure to file an information return

under section 6721 of the Internal Revenue Code (IRC). Generally, the penalty

is $50 for each failure to file a form (up

to $250,000) that the IRS cannot accept

as a return because it does not meet the

provisions in this revenue procedure. No

IRS office is authorized to allow deviations from this revenue procedure.

1997-27

I.R.B.

SEC. 4. DEFINITIONS

.01 The term ‘‘form recipient’’ means

the person to whom you are required by

law to furnish a copy of the official

form or information statement: i.e., for

Form 1098, the recipient is the ‘‘payer/

borrower’’; Form 1099–A, the ‘‘borrower’’; Form 1099–C, the ‘‘debtor’’;

Form 1099–LTC, ‘‘the policyholder and

insured’’;

Form

1099–S,

the

‘‘transferor’’; other Forms 1099, the

payment recipient; Forms 5498 and

5498–MSA, the ‘‘participant’’; and

Form W–2G, the ‘‘winner.’’

.02 The term ‘‘filer’’ means the person or organization required by law to

file a form listed in Part A, Section 1.01

with the IRS. Thus, a filer may be a

payer, a creditor, a recipient of mortgage

interest payments, a broker, a barter

exchange, a person reporting real estate

transactions, a trustee or issuer of an

individual retirement arrangement (including an IRA, SEP, or SIMPLE), a

trustee of a medical savings account, or

a lender who acquires an interest in

secured property or who has reason to

know that the property has been abandoned.

.03 The term ‘‘substitute form’’

means a paper substitute of Copy A of

an official form listed in Part A, Section

1.01 that totally conforms to the provisions in this revenue procedure.

.04 The term ‘‘substitute form recipient statement’’ means a paper statement

of the information reported on a form

listed in PART A, Section 1.01 that must

be furnished to a person (form recipient), as so defined under the applicable

provisions of the Internal Revenue Code

and the applicable regulations.

.05 A composite substitute statement

is one in which two or more required

statements (e.g., Forms 1099–INT and

1099–DIV) are furnished to the recipient

on one document. However, each statement must be separately designated and

must contain all the requisite Form 1099

information except as provided in Part

A, Section 7. A composite statement

MAY NOT be filed with the IRS. See

Part A, Section 7.02 and 7.04 for more

information on composite statements.

SEC. 5. INSTRUCTIONS FOR

PREPARING PAPER FORMS THAT

WILL BE FILED WITH THE IRS

(Copy A)

.01 The form recipient’s name, street

address, city, state, and Zip Code information should be TYPED OR MACHINE PRINTED IN BLACK INK on

1997-27

I.R.B.

separate lines. Although handwritten

forms will be accepted, in order for IRS

to process the submitted forms in the

most economical manner, the IRS prefers that filers TYPE OR MACHINE

PRINT data entries. In addition, filers

should insert data in the middle of

blocks well separated from other printing and guidelines, and take other measures to guarantee a clear, dark black,

sharp image. Carbon copies and photocopies are not acceptable. The city,

state, and Zip Code must be on the

same line.

.02 The name of the appropriate form

recipient must be shown on the first or

second name line in the area on the

form provided for the form recipient’s

name and address. No descriptive information or other name may precede the

form recipient’s name. Only ONE form

recipient’s name may appear on the first

name line of the form. If the names of

multiple recipients must be set forth on

the form, on the first name line insert

the recipient name that corresponds to

the recipient taxpayer identification

number (TIN) shown on the form. Place

the other form recipients’ names, on the

succeeding name line (up to 2 name

lines are allowable). Because certain

states require that trust accounts be

provided in a different format, generally

filers should provide information returns

reflecting payments to trust accounts

with (1) the trust’s employer identification number (EIN) in the recipient’s TIN

area, (2) the trust’s name on the recipient’s first name line, and (3) the name

of the trustee on the recipient’s second

name line.

.03 You should use the account

number box for an account number

designation. This number must not appear anywhere else on the form, and this

box may not be used for any other item.

Showing the account number is optional.

However, it may be to your benefit to

include the recipient’s account number

or designation on paper documents if

your system of records uses the account

number or designation in conjunction

with, or rather than, the name, social

security number, or employer identification number for identification purposes.

If you furnish the account number, the

IRS will include it in future notices to

you about backup withholding. If you

use window envelopes and reduced rate

mail to mail statements to recipients, be

sure the account number does not appear in the window. Otherwise the

Postal Service may not accept them for

mailing.

11

.04 Machine printed forms should be

printed using a 6 lines/inch option, and

should be printed in 10 pitch pica (i.e.,

10 print positions per inch) or 12 pitch

elite (i.e., 12 print positions per inch).

Proportional spaced fonts are unacceptable.

.05 DO NOT use a felt tip marker.

The machine used to ‘‘read’’ paper

forms generally cannot ‘‘read’’ this ink

type.

.06 Substitute forms prepared in continuous or strip form must be burst and

stripped to conform to the size specified

for a single sheet before they are filed

with IRS. The size specified does not

include pinfeed holes. Pinfeed holes

MUST NOT be present on forms filed

with the IRS.

.07 Use decimal points to indicate

dollars and cents. DO NOT use dollar

signs ($), ampersands (&), asterisks (*),

commas (,), or other special characters

in the numbered money boxes. Example:

2000.00 is acceptable.

.08 DO NOT FOLD Forms 1096,

1098, 1099, or 5498 being mailed to

IRS. Mail these forms flat in an appropriately sized envelope or box. Folded

documents cannot be readily moved

through the scanner transport used in

IRS processing.

.09 DO NOT STAPLE Forms 1096

to the returns being transmitted. Staple

holes in the vicinity of the return code

number reduce the IRS’s ability to machine scan the type of documents.

.10 DO NOT type other information

on Copy A. DO NOT cut or separate

the individual forms on the sheet of

forms of Copy A (except Forms W–2G).

.11 MAIL completed paper forms to

the IRS service center specified on the

back of Form 1096 and in the 1997

‘‘Instructions for Forms 1099, 1098,

5498, and W–2G.’’ Specific information

needed to complete the forms in this

revenue procedure is given in those

instructions. A chart is included in those

instructions giving a quick guide to

which form must be filed to report a

particular payment.

SEC. 6. MAGNETIC MEDIA AND

ELECTRONIC FILING

.01 All forms listed in Section 1.01

(except Form 1096) may be filed magnetically or electronically. The IRS encourages all filers including nominees

(hereafter collectively referred to as filers) to file information returns on magnetic media or electronically instead of

on paper forms.

July 7, 1997

.02 Any person who is required to

file 250 or more information returns (of

any one type of form) for one calendar

year MUST file on magnetic media

unless a hardship waiver is requested

and received. To request a one year

waiver of the magnetic media filing

requirements, for the current tax year

only, submit Form 8508, Request for

Waiver From Filing Information Returns

on Magnetic Media. See Publication

1220 Part A, Section 5, for more information. Specifications for filing information returns on magnetic media (or

electronically) are contained in Publication 1220, ‘‘Specifications for Filing

Forms 1098, 1099 Series, 5498, and

W–2G Magnetically or Electronically.’’

Copies of this publication may be obtained by calling 1–800–TAX–FORM

(1–800–829–3676). Payers who do not

comply with the magnetic media filing

requirements and who are not granted a

waiver may be subject to penalties.

Note: Filing electronically will satisfy

the magnetic media filing requirements.

Refer to Publication 1220, Part C,

Bisynchronous (Mainframe) Electronic

Filing Specifications and Part D, Asynchronous (IRB–BBS) Electronic Filing

Specifications.

SEC. 7. SUBSTITUTE STATEMENTS

TO FORM RECIPIENTS AND FORM

RECIPIENT COPIES

If you are not using the official IRS

form to furnish statements to recipients,

your substitute statements must comply

with the rules in this section. In general,

see Regulations sections 1.6042–4,

1.6044–5, 1.6049–6, and 1.6050N–1 on

the manner in which certain statements

must be provided to recipients (statement mailing requirements for most

Forms 1099–DIV and 1099–INT, all

Forms 1099–OID and 1099–PATR, and

Form 1099–MISC or 1099–S for royalties). Note: A trustee of a grantor-type

trust may choose to file Forms 1099 and

furnish a statement to the grantor under

Regulations section 1.671–4(b)(2)(iii)

and (b)(3)(ii). The statement required by

those regulations is not subject to the

requirements in this Section 7.

.01 SUBSTITUTE STATEMENTS

TO RECIPIENTS - Forms 1099–INT

(except for interest reportable under section 6041), 1099–DIV (except for section 404(k) dividends), 1099–OID, and

1099–PATR ONLY. The requirement to

furnish Form recipients with an official

Form 1099–INT, DIV, OID, or PATR

may be met by furnishing Copy B of

July 7, 1997

the official form or by furnishing a

substitute Form 1099 (form recipient

statement) if it contains the same language as that of the official IRS form

(such as aggregate amounts paid to the

form recipient, any backup withholding,

the name, address, and TIN of the

person making the return, and any other

information required by the official

form). Information not required by the

official form should not be included on

the substitute form except state tax

withholding information. You may enter

a total of the individual accounts listed

on the form only if they have been paid

by the same payer. For example, if you

are listing interest paid on several accounts by one financial institution on

Form 1099–INT, you may also enter

the total interest amount. You may also

enter a date next to the corrected box if

that box is checked.

The form recipient statement, i.e.,

Copy B of a substitute form for Forms

1099–INT, 1099–DIV, 1099–OID, or

1099–PATR, must comply with the following requirements.

(1) Box captions and numbers that

are applicable must be clearly

identified, using the same wording and numbering as on the

official form. However on Form

1099–INT, if box 3 is not on

your substitute form, you may

drop ‘‘not included in box 3’’

from the box 1 caption.

(2) The form recipient statement must

contain all applicable form recipient instructions provided on the

front and back of the official IRS

form. Those instructions may be

provided on a separate sheet of

paper.

(3) The form recipient statement must

contain the following statement in

bold and conspicuous type, ‘‘This

is important tax information

and is being furnished to the

Internal Revenue Service. If you

are required to file a return, a

negligence penalty or other

sanction may be imposed on

you if this income is taxable

and the IRS determines that it

has not been reported.’’

(4) The box caption ‘‘Federal income tax withheld’’ must be in

bold face type on the form recipient statement.

(5) The form recipient statement must

contain the Office of Management

and Budget (OMB) number as

shown on the official IRS form.

See Part D, Section 2.

12

(6) The form recipient statement must

contain the tax year (e.g., 1997),

form number (e.g., Form 1099–

INT), and form name (e.g., Interest Income) of the official IRS

Form 1099 for which it substitutes prominently displayed together in one area of the statement. For example, the tax year,

form number, and form name

could be shown in the upper right

part of the statement. Each copy

must be appropriately labeled

(such as Copy B, For Recipient)

(see Part D, Section 1.02 for

applicable labels of forms).

NOTE: DO NOT include the

words ‘‘Substitute for’’ or ‘‘In

lieu of’’ on the form recipient

statement.

(7) Layout and format of the form is

at the discretion of the filer. However, IRS encourages the use of

statements with boxes so that the

statement has the appearance of a

form and can be easily distinguished from other nontax statements.

(8) Because of new tax law enacted

in 1996, 1099–DIV; 1099–INT;

1099–OID; and 1099–PATR recipient statements must include

the telephone number of a person

to contact: The telephone number must be conspicuous but

may appear anywhere on the

recipient statement.

(9) No additional enclosures, such as

advertising, promotional material,

or a quarterly or annual report,

are permitted with Forms 1099–

DIV, 1099–INT, 1099–OID,

1099–PATR, and forms reporting

royalties only (Forms 1099–MISC

or 1099–S). NOTE: The IRS intends to amend the regulations to

allow the use of certain logos and

identifying slogans on substitute

statements to recipients that are

subject to the statement mailing

requirements. Until the new regulations are issued, the IRS will

not assess penalties for the use of

a logo (including the name of the

payer in any typeface, font, or

stylized fashion and/or a symbolic

icon) or slogan on a statement to

a recipient if the logo or slogan is

used by the payer in the ordinary

course of its trade or business. In

addition, use of the logo or slogan

must not make it less likely that a

reasonable payee will recognize

1997-27

I.R.B.

the importance of the statement

for tax reporting purposes.

(10) With respect to dividend income,

a mutual fund family may separately state on one document

(e.g., one piece of paper) the

dividend income earned by a

recipient from each fund within

the family of funds as required

by Form 1099–DIV. However,

each fund and its earnings must

be separately stated. The form

must contain an instruction to

the recipient that each fund’s

dividends and name, not the

name of the mutual fund family,

must be reported on the recipient’s tax return. The form cannot contain an aggregate total

of all funds. Moreover, a mutual

fund family may furnish a single

statement (as a single filer) for

Forms 1099–INT, DIV, and OID

information. Each fund and its

earnings must be separately

stated. The form must contain an

instruction to the recipient that

each fund’s earnings and name,

not the name of the mutual fund

family, must be reported on the

recipient’s tax return. The form

cannot contain an aggregate total

of all funds.

.02 COMPOSITE SUBSTITUTE

STATEMENTS - FORMS 1099–INT

(except for interest reportable under

section 6041), 1099–DIV (except for

section 404(k) dividends)), 1099–OID,

AND 1099–PATR ONLY. - A composite form recipient statement is permitted

for reportable payments of interest, dividends, original issue discount, and/or

patronage dividends (Forms 1099–INT,

DIV, OID or PATR) when one payer is

reporting more than one of these payments during a calendar year to the

same form recipient. Generally, do not

include any other Form 1099 information (e.g., 1098 or 1099–A) on a composite statement with the information

required on the forms listed in the

preceding sentence. Exception: A filer

may include Form 1099–B information

on a composite form with the forms

listed above. Although the composite

form recipient statement may be on one

sheet, the format of the composite form

recipient statement must satisfy the following requirements in addition to the

requirements listed in Section 7.01

above.

(1) All information pertaining to a

particular type of payment must

be located and blocked together

1997-27

I.R.B.

on the form and must be separate

from any information covering

other types of payments included

on the form. For example, if you

are reporting interest and dividends, the Form 1099–INT information must be presented separately from the Form 1099–DIV

information.

(2) The tax year, form number, and

form name of the official IRS

forms for which the composite

form recipient statement substitutes must be prominently displayed together in one area at the

beginning of each appropriate

block of information.

(3) Any information required by the

official IRS forms that would otherwise be repeated in each information block is only required to

be listed once in the first information block on the composite form.

For example, there is no requirement to report the name of the

filer in each information block.

This rule does not apply to any

money amounts, e.g., Federal income tax withheld, or to any

other information that applies to

money amounts.

(4) A composite statement shall be

considered an acceptable substitute only if the type of payment

and the recipient’s tax obligation

with respect to the payment are

no less clear than if each required

statement were furnished separately on an official form.

.03 SUBSTITUTE STATEMENTS

TO RECIPIENTS - FORMS 1098,

1099–A, 1099–B, 1099–C, 1099–G,

1099–LTC, 1099–MISC, 1099–MSA,

1099–R, 1099–S, 5498, 5498–MSA,

W–2G, AND CERTAIN FORMS 1099–

INT AND 1099–DIV. Statements to

form recipients of payments reportable

on Forms 1098, 1099–A, 1099–B,

1099–C, 1099–G, 1099–LTC, 1099–

MISC, 1099–MSA, 1099–R, 1099–S,

5498, 5498–MSA 1099–DIV only for

section 404(k) dividends reportable

under section 6047, and 1099–INT

only for interest of $600 or more

made in the course of a trade or

business reportable under section

6041 can be, but are not required to be,

copies of the official forms. If you do

not use the official form as the form

recipient statement, the substitute recipient statement must meet the following

requirements:

(1) The tax year, form number, and

form name must be the same as

13

the official form, and must be

prominently displayed together in

one area of the statement. For

example, they may be shown in

the upper right part of the statement.

(2) The filer’s and the form recipient’s identifying information required on the official IRS form

must be included.

(3) Because of new tax law enacted

in 1996, the following statements

must include the telephone number of a person to contact: W–2G;

1098; 1099–A; 1099–B; 1099–

DIV; 1099–G (excluding state and

local income tax returns); 1098–

INT; 1099–MISC (excluding fishing boat proceeds); 1099–0ID;

1099–PATR; and 1099–S. The

telephone number must be conspicuous but may appear anywhere on the recipient statement. Although not required,

payers reporting on other Forms

1099 and 5498 are encouraged to

furnish telephone numbers.

(4) All applicable money amounts

and information, including box

numbers, required to be reported

to the form recipient must be

titled on the form recipient statement in substantially the same

manner as those on the official

IRS form. The box caption ‘‘Federal income tax withheld’’ must

be in bold face type on the form

recipient statement. Exception: If

you are reporting a payment as

‘‘Other income’’ in box 3 of

Form 1099–MISC, you may substitute appropriate explanatory

language for the box title. For

example, for payments of accrued

wages and leave to a beneficiary

of a deceased employee, you

might change the title of box 3 to

‘‘Beneficiary payments’’ or something similar. (You cannot make

this change on Copy A.)

(5) Appropriate instructions to the

form recipient, similar to those on

the official IRS form, must be

provided to aid in the proper

reporting of the items on the form

recipient’s income tax return. For

payments reported on Form

1099–B, the requirement to include instructions that are substantially similar to those on the

official IRS form may be satisfied

by providing form recipients with

a single set of instructions with

respect to all forms 1099–B stateJuly 7, 1997

ments required to be furnished in

a calendar year. NOTE: If Federal income tax withheld is shown

on Form 1099–R or W–2G,

Copy B (to be attached to the tax

return) and Copy C (for

recipient’s/winner’s records) must

be furnished to the recipient. If

Federal income tax withheld is

not shown on Form 1099–R or

W–2G, only Copy C is required

to be furnished. However, instructions similar to those contained

on the back of the official Copy

B and Copy C of Form 1099–R

must be furnished to the recipient.

For convenience, you may choose

to provide both Copies B and C

of Form 1099–R to the recipient.

(6) The quality of carbon used to

produce statements to recipients

must meet the following standards:

(a) all copies must be CLEARLY

LEGIBLE;

(b) all copies must have the capability to be photocopied;

(c) fading must not be of such a

degree as to preclude legibility

and the ability to photocopy. In

general, black chemical transfer

inks are preferred; other colors

are permitted only if the above

standards are met. Hot wax and

cold carbon spots are NOT permitted on any of the internal

form plies. These spots are permitted on the back of a mailer

top envelope ply.

(7) A mutual fund family may separately state on one document

(e.g., one piece of paper) the

Form 1099–B information for a

recipient from each fund as required by Form 1099–B. However, the gross proceeds, etc.,

from each transaction within a

fund must be separately stated.

The form must contain an instruction to the recipient that each

fund’s amount and name, not the

name of the mutual fund family,

must be reported on the recipient’s tax return. The form cannot

contain an aggregate total of all

funds.

(8) For Form 1099–S, you may use a

Uniform Settlement Statement under the Real Estate Settlement

Procedures Act of 1974 (RESPA)

as the written statement to the

transferor if it is conformed by

including on the statement the

legend described in (8)(g) below

July 7, 1997

and by designating which information on the Uniform Settlement

Statement is being reported to

IRS on Form 1099–S.

(9) Form recipient statements must

contain the following legends:

(a) Form 1098—(i) ‘‘The information in boxes 1, 2 and 3 is

important tax information and

is being furnished to the Internal Revenue Service. If you are

required to file a return, a negligence penalty or other sanction may be imposed on you if

the IRS determines that an underpayment of tax results because you overstated a deduction for this mortgage interest

or for these points or because

you did not report this refund

of interest on your return.’’

(ii) ‘‘The amount shown may

not be fully deductible by you

on your Federal income tax

return. Limitations based on the

cost and value of the secured

property may apply. In addition, you may only deduct an

amount of mortgage interest to

the extent it was incurred by

you, actually paid by you, and

not reimbursed by another person.’’

(b) Forms 1099–A and 1099–C—

‘‘This is important tax information and is being furnished to

the Internal Revenue Service. If

you are required to file a return, a negligence penalty or

other sanction may be imposed

on you if taxable income results from this transaction and

the IRS determines that it has

not been reported.’’

(c) Forms 1099–B, 1099–DIV,

1099–G, 1099–INT, 1099–

MISC, 1099–OID, 1099–

PATR, and W–2G, Copy

B—‘‘This is important tax information and is being furnished to the Internal Revenue

Service. If you are required to

file a return, a negligence penalty or other sanction may be

imposed on you if this income

is taxable and the IRS determines that it has not been reported.’’ Copy B of Form

W–2G must state ‘‘This information is being furnished to the

Internal Revenue Service. Report this income on your Federal tax return. If this form

14

shows Federal income tax withheld in box 2, attach this copy

to your return.’’

(d) Form 1099–R, Copy B—‘‘Report this income on your Federal tax return. If this form

shows Federal income tax withheld in box 4, attach this copy

to your return. This information

is being furnished to the Internal Revenue Service.’’ Form

1099–R, Copy C—‘‘This information is being furnished to the

Internal Revenue Service.’’

(e) Form

1099–LTC,

Copy

B—‘‘This is important tax information and is being furnished to the Internal Revenue

Service. If you are required to

file a return, a negligence penalty or other sanction may be

imposed on you if this item is

required to be reported and the

IRS determines that it has not

been

reported.’’

Copy

C—‘‘Copy C is provided to

you for information only. Only

the policyholder is required to

report this information on a tax

return.’’

(f) Form 1099–MSA— ‘‘This information is being furnished to

the Internal Revenue Service.’’

(g) Form 1099–S—‘‘This is important tax information and is

being furnished to the Internal

Revenue Service. If you are

required to file a return, a negligence penalty or other sanction may be imposed on you if

this item is required to be reported and the IRS determines

that it has not been reported.’’

(h) Form 5498—‘‘The information

in boxes 1 through 7 is being

furnished to the Internal Revenue Service.’’ ‘‘Note: If you

do not furnish another statement to the participant because

no contributions were made for

the year, the statement of the

fair market value of the account must contain a legend

designating which information

is being furnished to the Internal Revenue Service.’’

(i) Form 5498–MSA—‘‘The information in boxes 1 through 5 is

being furnished to the Internal

Revenue Service.’’

.04 COMPOSITE SUBSTITUTE

STATEMENT - FORMS SPECIFIED IN

7.03 ONLY. - A composite form recipient statement for forms specified in 7.03

1997-27

I.R.B.

is permitted when one filer is reporting

more than one of the related payments

during a calendar year to the same form

recipient. A composite statement is not

allowable for a combination of forms

listed in 7.01 and forms listed in 7.03

except that a filer may report Form

1099–B information on a composite

form with the forms listed in 7.01 as

described in 7.02. Although the composite form recipient statement may be on

one sheet, the format of the composite

form recipient statement must satisfy the

requirements listed in 7.02 above in

addition to the requirements specified in

7.03. A composite statement of Forms

1098 and 1099–INT (for interest reportable under section 6049) IS NOT ALLOWABLE.

PART B - SPECIFICATIONS FOR

SUBSTITUTE FORMS TO BE FILED

WITH IRS (EXCEPT Form W–2G)

SEC. 1. GENERAL

.01 The following specifications prescribe the format requirements for

Forms 1096 and Copy A of Forms

1098, 1099, and 5498. (See Part C for

Form W–2G specifications.)

.02 The form identifying number

(e.g., 9191 for Form 1099–DIV) must

be printed in nonreflective black carbonbased ink in print positions 15 through

19 using an OCR A font. The

checkboxes located to the right of the

form identifying number must be 10–

point boxes, the void checkbox is in

print position 25 and the corrected

checkbox in position 33. These measurements are from the left edge of the

paper, not including the perforated strip.

SEC. 2. SPECIFICATIONS FOR

FORM 1096 AND COPY A OF

FORMS 1098, 1099 AND 5498

.01 The substitute form must be an

exact replica of the official IRS form

with respect to layout and content.

NOTE: To determine the correct form

measurements, see Exhibits A through R

at the end of this publication. Hot wax

and cold carbon spots are not permitted

on any of the internal form plies. These

spots are permitted on the back of a

mailer top envelope ply. Use of chemical transfer paper for Copy A is acceptable. The Government Printing Office

(GPO) symbol must be deleted.

.02 Color and quality of paper for

Copy A (cut sheets and continuous

pinfeed forms) as specified by JCP Code

1997-27

I.R.B.

0–25, dated November 29, 1978, must

be white 100% bleached chemical wood,

optical character recognition (OCR)

bond produced in accordance with the

following specifications:

NOTE: Reclaimed fiber in any percentage is permitted provided the requirements of this standard are met.

Acidity: Ph value, average,

(1) not less than . . . . . . . . . . . . 4.5

(2) Basis Weight 17 x 22 500

cut sheets . . . . . . . . . . . . . . 18–20

Metric equivalent—2g/m2 75

A Tolerance of ±5 pct.

shall be allowed.

(3) Stiffness: Average, each

direction, not less than—

milligrams . . . . . . . . . . . . . . 50

(4) Tearing strength: Average,

each direction, not less

than—grams . . . . . . . . . . . . 40

(5) Opacity: Average, not less

than—percent . . . . . . . . . . . 82

(6) Thickness: Average—

inch—0.0038

Metric equivalent—

mm—0.097

A tolerance of +0.0005

inch (0.0127 mm) shall

be allowed.

Paper shall not vary more

than 0.0004 inch (0.0102

mm) from one edge to

the other.

(7) Porosity: Average, not less

than—seconds . . . . . . . . . . . 10

(8) Finish (smoothness): Average, each side—seconds. . . 20–55

For information only, the

Sheffield equivalent—units 170–100

(9) Dirt: Average, each side,

not to exceed—parts per

million . . . . . . . . . . . . . . . . . 8

.03 All printing on Copy A of Forms

1098, 1099, and 5498 must be in red

OCR dropout ink, Flint J–6983 (formerly Sinclair-Valentine) or an exact

match, except for the 4–digit form identifying numbers, which must be printed

in non-reflective carbon-based black ink.

The shaded areas of any substitute form

should generally correspond to that

present on the official form. Printing on

Form 1096 above the statement:

‘‘Please return this entire page to the

Internal Revenue Service. Photocopies

15

are NOT acceptable.’’ must be in red

OCR dropout ink (except for the 4-digit

form identifying number 6969). All

printing including and below the Form

1096 statement may be in any shade or

tone of black ink. Black ink should only

appear on the lower portion of the

reverse side of Form 1096 where it

would not bleed through and interfere

with scanning. NOTE: The instructions

on the back of Form 1096, which include filing addresses, must be printed.

The instructions to filers are printed on

the back of the copy designated for the

Payer, Recipient for Form 1098, Lender

for Form 1099–A, Creditor for Form

1099–C, Filer for Form 1099–S, or

Trustee or Issuer for Forms 5498 and

Form 5498–MSA, in any ink color or

tone. Separation between fields must be

0.1 inch. Other than the Form 1099–R,

the numbered captions are printed as a

solid with no shaded background. Other

printing requirements are discussed below.

OCR Specifications

The contractor must have or initiate a

quality control program to assure OCR

ink density. In addition, the contractor

must have access to either a MacBeth

PCM–II tester or a Kidder 082A tester

to evaluate the ink at regular intervals

throughout a shift.

Paper and Ink

Readings will be made when printed

on approved 20 lb. white OCR bond

with a reflectance of not less than 80%.

Black ink used must not have a reflectance greater than 15%. These readings

are based on requirements of the ‘‘REI

Input 80 Model C1 & D’’ Optical

Scanner using Flint Ink (Formerly

known as Sinclair - Valentine J–6983

red ink) or equal.

MacBeth PCM II Tester

The tested Print Contrast Signal

(PCS) values when using the MacBeth

PCM–II tester on the ‘‘C’’ scale must

range from .01 minimum to .06 maximum.

Kidder 082A Tester

The tested Print Contrast Signal

(PCS) values when using the Kidder

082A tester on the Infra Red (IR) scale

must range from .12 minimum to .21

maximum. White calibration disc must

be 100%, sensitivity must be set at one

(1).

July 7, 1997

Alternative Tester

If an alternative tester is used it must

be approved by the Government so that

tested (PCS) values can be established

with this equipment. Approval may be

obtained by writing to the following

address:

Commissioner of Internal Revenue

Attn: HR:F:P:P Room 1237

Tax Forms Procurement Analyst

1111 Constitution Avenue, NW

Washington, DC 20224

.04 Typography - Type must be substantially identical in size and shape

with corresponding type on the official

form. All rules are either 1/2–point or

3/4–point. Rules must be identical to

that on the official IRS form. NOTE:

The form identifying number must be

nonreflective carbon-based black ink in

OCR A Font.

.05 Dimension - Three Forms 1098,

1099, or 5498 (Copy A) are contained

on a single page, except Form 1099–R,

which contains two documents per page,

which is 8 inches wide (exclusive of

any snap-stubs and/or pinfeed holes) by

11 inches deep. There is a .33 inch top

margin from the top of the corrected

box, and there is a .25 inch right

margin. There is a 1/329 (0.03139) tolerance for the right margin. These measurements are constant for all Forms

1098, 1099 and 5498. The measurements will be shown only once in the

exhibit section of this publication, on

the Form 1098. Exceptions to these

measurements will be shown on the

remainder of exhibits. If the right and

top margins are properly aligned, the

left margin for all forms will be correct.

All margins must be free of all printing.

See Exhibits A through R in this publication for the correct form measurements.

.06 The depth of the individual trim

size of each form on a page must be the

same as that of the official form (3 2/3

inches, except 5 1/2 inches for Form

1099–R).

.07 The words ‘‘For Paperwork Reduction Act Notice and instructions for

completing this form, see the Instructions for Forms 1099, 1098, 5498, and

W–2G’’ must be printed on Copy A. The

words ‘‘For more information and the

Paperwork Reduction Act Notice, see

the 1997 Instructions for Forms 1099,

1098, 5498, and W–2G’’ must be

printed on Form 1096.

July 7, 1997

.08 The OMB Number must be

printed on Copies A and Form 1096 in

the same location as that on the official

form.

.09 Privately printed continuous substitute forms (Copy A) must be perforated at each 119 (3 per page, or 2 per

page for 1099–R) page depth. No perforations are allowed between the 3–2/39

forms (or 5–1/29 for Form 1099–R) on a

single copy page of Copy A.

.10 The words ‘‘Do NOT Cut or

Separate Forms on This Page’’ must be

printed in red dropout ink (as required

by form specifications) between the

three forms, or two forms for Forms

1099–R. NOTE: Perforations are required between all the other individual

copies (Copies B and C, and Copies 1

and 2 for Form 1099–R and Form

1099–MISC, and Copy D for Form

1099–R) included in the set.

.11 Chemical transfer paper is permitted for Copy A only if the following

standards are met:

(1) Only chemically backed paper

is acceptable for Copy A.

(2) Carbon coated forms are not

permitted. Front and back chemically

treated paper cannot be processed properly by machine.

(3) Chemically transferred images

must be black in color.

.12 Hot wax and cold carbon spots

are NOT permitted for Copy A. Interleaved carbon should be black and must

be of good quality to assure legibility of

information on all copies to preclude

smudging. All copies must be

CLEARLY LEGIBLE. Fading must not

be of such a degree as to preclude

legibility.

.13 Printer’s symbol—The GPO symbol must not be printed on substitute

Copy A. Instead, the employer identification number (EIN) of the forms

printer must be entered in the bottom

margin on the face of each individual

form of Copy A, or the bottom margin

on the reverse side of each Form 1096.

THE FORM MUST NOT CONTAIN

THE STATEMENT ‘‘IRS APPROVED.’’

.14 A postal indicia may be used if it

meets the following criteria: a) it is

printed in the OCR ink color prescribed

for the form; and b) no part of the

indicia is within 1 print position of the

scannable area.

.15 The Catalog Number (Cat. No.)

shown on the 1997 forms is used for

IRS distribution purposes and need not

be printed on any substitute forms.

16

PART C. SPECIFICATIONS FOR

SUBSTITUTE FORMS W–2G TO BE

FILED WITH IRS

SEC. 1. GENERAL

.01 The following specifications prescribe the format requirements for Form

W–2G—COPY A ONLY.

.02 A filer may file a substitute Form

W–2G with the IRS (hereinafter referred to as ‘‘substitute Copy A’’). The

substitute form (filed with the IRS) must

be an exact replica of the official form

with respect to layout and contents.

SEC. 2. SPECIFICATIONS FOR

COPY A OF FORMS W–2G

.01 Color and Quality of Paper—

Paper for Copy A must be white chemical wood bond, or equivalent, 20 pound

(basis 17 X 22–500), plus or minus 5

percent. The paper must consist substantially of bleached chemical wood pulp

and be free from unbleached or ground

wood pulp or recycled printed paper. It

also must be suitably sized to accept ink

without feathering.

.02 Color and Quality of Ink—All

printing must be in a high quality

non-gloss black ink. Bar codes should

be free from picks and voids.

.03 Typography—The type must be

substantially identical in size and shape

with that on the official form. All rules

on the document are either 1/2 point

(.007 inch), 1 point (0.015 inch), or 3

point (0.045). Vertical rules must be

parallel to the left edge of the document; horizontal rules, to the top edge.

.04 Dimensions—The official form is

8 inches wide x 3–2/3 inches deep,

exclusive of a 2/3 inch snap stub on the

left side of the form. The snap feature is

not required on substitutes. The top and

right margins must be 1/4 inch plus or

minus .0313. If the top and right margins are properly aligned, the left margin for all forms will be correct. All

margins must be free of any printing. If

the substitute forms are in continuous or

strip form, they must be burst and

stripped to conform to the size specified

for a single form.

(1) The width of a substitute Copy

A must be 8 inches. The left margin

must be free of all printing other than

that shown on the official form.

(2) The depth of a substitute Copy

A must be 3–2/3 inches.

.05 Hot wax and cold carbon spots

are not permitted on any of the internal

form plies. These spots are permitted on

1997-27

I.R.B.

the back of a mailer top envelope ply.

Interleaved carbons, if used, should be

black and of good quality to preclude

smudging.

.06 Printer’s Symbol—The Government Printing Office (GPO) symbol

must not be printed on substitute Forms

W–2G. Instead the employer identification number (EIN) of the forms printer

must be printed in the bottom margin on

the face of each individual form of

Copy A of such substitute forms. The

form must not contain the statement

‘‘IRS approved.’’

.07 The Catalog Number (Cat. No.)

shown on the 1997 Form W–2G is used

for IRS distribution purposes and need

not be printed on any substitute forms.

PART D. ADDITIONAL

INSTRUCTIONS FOR FORMS 1098,

1099, 5498, AND W–2G

SEC. 1. OTHER COPIES

.01 Copies B, C, and in some cases

D, 1, and 2, are included in the official

assembly for the convenience of the

filer. There is no legal requirement that

privately printed substitute forms include all these copies. Copies B, and in

some cases Copies C, will satisfy the

requirement of the law and regulations

concerning the statement of information

that is required to be furnished to the

form recipient. NOTE: If Federal income tax withheld is shown on Form

W–2G or 1099–R, Copy B (to be

attached to the tax return) and Copy C

must be furnished to the recipient. Copy

D (Forms 1099–R and W–2G) may be

desired as a filer record copy. Only

Copy A should be filed with the IRS.

.02 Arrangement of Assembly - The

parts of the assembly must be arranged,

from top to bottom, as follows: (a) All

forms-Copy A ‘‘For Internal Revenue

Service Center.’’ (b) Form 1098 - Copy

B ‘‘For Payer’’; Copy C ‘‘For Recipient.’’ (c) Form 1099–A - Copy B ‘‘For

Borrower’’; Copy C ‘‘For Lender.’’ (d)

Form 1099–C Copy B ‘‘For Debtor’’;

Copy C ‘‘For Creditor’’; (e) Form

1099–LTC Copy B ‘‘For Policyholder’’;

Copy C ‘‘For Insured’’ and Copy D

‘‘For Payer.’’ (f) Forms 1099–B, 1099–

DIV, 1099–G, 1099–INT, 1099–MSA,

1099–OID, and 1099–PATR - Copy B

‘‘For Recipient’’; Copy C ‘‘For Payer.’’

(g) Form 1099–MISC — Copy 1 ‘‘For

State Tax Department’’; Copy B ‘‘For

Recipient’’; Copy 2 ‘‘To be filed with

recipient’s state income tax return, when

required.’’; Copy C ‘‘For Payer.’’ (h)

1997-27

I.R.B.

Form 1099–R - Copy 1 ‘‘For State, City,

or Local Tax Department’’; Copy B

‘‘Report this income on your Federal tax

return. If this form shows Federal income tax withheld in box 4, attach this

copy to your return.’’; Copy C ‘‘For

Recipient’s Records’’; Copy 2 ‘‘File this

copy with your state, city, or local

income tax return, when required.’’;

Copy D ‘‘For Payer.’’ (i) Form 1099–S Copy B ‘‘For Transferor’’; Copy C ‘‘For

Filer.’’ (j) Form 5498 - Copy B ‘‘For

Participant’’; Copy C ‘‘For Trustee or

Issuer.’’ (k) Form 5498–MSA — Copy

B ‘‘For Participant’’; Copy C ‘‘For

Trustee.’’ (l) Form W–2G — Copy 1

‘‘For State Tax Department’’; Copy B

‘‘Report this income on your Federal tax

return. If this form shows Federal income tax withheld in box 2, attach this

copy to your return.’’ Copy C ‘‘For

Winner’s Records’’; Copy 2 ‘‘Attach

this copy to your state income tax

return, if required.’’; Copy D ‘‘For

Payer.’’

.03 Perforations are required between

forms on all copies except Copy A to

enable the separation of individual

forms. Copy A of Form W–2G may be

perforated.

SEC. 2. OMB REQUIREMENTS

.01 Office of Management and Budget (OMB) Requirements for Substitute

Forms—Public Law 96–511 requires

that: (1) OMB approve Internal Revenue

Service tax forms, (2) each form show

(in the upper right corner) the OMB

approval number, and (3) the form (or

its instructions) state why IRS is collecting the information, how it will be used

and whether it must be given to IRS.

The official IRS forms or instructions

contain this information and any substitute must contain it also.

.02 The OMB requirements for substitute IRS forms are:

(1) All substitute forms, including

substitute statements to recipients,

must show the OMB number as it

appears on the official IRS form;

(2) For Copy A, the OMB number

must appear exactly as shown on the

official IRS form;

(3) For any copy other than Copy

A, the OMB number must use one of

the following formats:

(a) OMB No. XXXX–XXXX

(preferred) or;

(b) OMB # XXXX–XXXX.

(4) All substitute forms (Copy A

only) must state ‘‘For Paperwork Reduc-

17

tion Act Notice, see the 1997 Instructions for Forms 1099, 1098, 5498, and

W–2G.’’

.03 The official OMB numbers may

be obtained from the official IRS

printed forms, and are also shown on

the forms in the exhibits.

SEC 3. REPRODUCIBLE COPIES

.01 As of April 30, 1996, IRS discontinued taking orders for reproducible

and information copies of federal tax

materials. However, there are several

new options available to obtain federal

tax material. The new options are:

(1) Internal Revenue Information

Services (IRIS)—IRIS is

housed within FedWorld,

known also as the Electronic

Marketplace of U.S. Government Information. IRIS at

FedWorld can be reached by:

(a) Modem (dial up) at 703–

321–8020,

(b) by Internet - Telnet to

iris.irs.ustreas.gov

(c) by File Transfer Protocol

(FTP)

connect

to

ftp.irs.ustreas.gov

(d) or by World Wide Web http://www.irs.ustreas.gov

(2) IRS Federal Tax Forms CD–

ROM—The IRS also offers an

alternative to downloading

electronic files from IRIS and

provides prior-year access to

tax forms and instructions

through it’s Federal Tax Forms

CD–ROM. First offered during

1994, the CD will again be

available for the upcoming filing season. For system requirements and to order the 1997

Federal Tax Forms CD–ROM

contact the Government Printing Office’s (GPO’s) Superintendent of Documents either:

(a) by telephone 202–521–1800;

or

(b) electronically through GPO’s

Federal Bulletin Board on

202–512–1387.

(3) Government Printing Office

Superintendent of Documents

Bookstores—The Government

Printing Office Superintendent

of Documents Bookstores also

sell individual copies of tax

forms, instructions and publications. Call 202–521–1800 to

find the bookstore nearest to

you.

July 7, 1997

.02 Forms 1096, 1098, 1099 Series,

and 5498 are provided electronically on

the IRS home page, IRIS bulletin board

system, and on the Federal Tax Forms

CD–ROM, but CANNOT be used for

filing with IRS when printed from a

conventional printer. These forms contain drop-out ink requirements as described in Part B, Section 2 of this

publication.

SEC. 4. EFFECT ON OTHER

REVENUE PROCEDURES

Revenue Procedure 96–42, 1996–32

I.R.B. 14, covering paper returns and

statements for payments made during

the 1996 calendar year is hereby superseded.

July 7, 1997

18

1997-27

I.R.B.

1997-27

I.R.B.

19

July 7, 1997

July 7, 1997

20

1997-27

I.R.B.

1997-27

I.R.B.

21

July 7, 1997

July 7, 1997

22

1997-27

I.R.B.

1997-27

I.R.B.

23

July 7, 1997

July 7, 1997

24

1997-27

I.R.B.

1997-27

I.R.B.

25

July 7, 1997

July 7, 1997

26

1997-27

I.R.B.

1997-27

I.R.B.

27

July 7, 1997

July 7, 1997

28

1997-27

I.R.B.

1997-27

I.R.B.

29

July 7, 1997

July 7, 1997

30

1997-27

I.R.B.

1997-27

I.R.B.

31

July 7, 1997

July 7, 1997

32

1997-27

I.R.B.

1997-27

I.R.B.

33

July 7, 1997

July 7, 1997

34

1997-27

I.R.B.

1997-27

I.R.B.

35

July 7, 1997

July 7, 1997

36

1997-27

I.R.B.

Part IV. Items of General Interest

Foundations Status of Certain

Organizations

Announcement 97–67

The following organizations have

failed to establish or have been unable

to maintain their status as public charities or as operating foundations. Accordingly, grantors and contributors may not,

after this date, rely on previous rulings

or designations in the Cumulative List

of Organizations (Publication 78), or on

the presumption arising from the filing

of notices under section 508(b) of the

Code. This listing does not indicate that

the organizations have lost their status

as organizations described in section

501(c)(3), eligible to receive deductible

contributions.

Former Public Charities. The following organizations (which have been

treated as organizations that are not

private foundations described in section

509(a) of the Code) are now classified

as private foundations:

Aldeen Foundation, Torrance, CA

Aslan Institute for Contemporary

Christianity, Bellingham, WA

Aura Community Hall Association,

Lanse, MI

Aurora Communities, Inc., Fullerton,

CA

Austin Police Womens Association,

Austin, TX

Brockton Charitable Trust, Brockton,

MA

Brush Country Foster Parent

Association, Beeville, TX

Bryan-College Station Waldorf School

Association, Incorporated, College

Station, TX

Communication Equipment Board,

Grand Junction, CO

Communities in Schools Fort Worth,

Inc., Fort Worth, TX

Community Based Services,

Swampscott, MA

Community Reintegration Services, Fort

Collins, CO

Community Services Center of Marin

County, Inc., San Rafael, CA

Community Theatre League Inc.,

Williamsport, PA

Comprehensive Rehabilitation Services,

Newark, CA

Concerned Citizens for a Clean

Environment, Portsmouth, RI

Congress of Chiropractic Consultants,

Inc., Austin, TX

1997–27

I.R.B.

Conservative Baptist Retirement

Services of the Southwest, Inc.,

Phoenix, AZ

Contreras Therapeutic Foster Home,

Inc., Keene, TX

Cooper Ministries, Inc., Winona, TX

Destiny Productions Inc., Orange, NJ

Disability International USA, Oakland,

CA

Dovetail Ministries, Colorado Springs,

CO

Eclipse Foundation Inc., Indianapolis,

IN

Elder Rights Coalition, Leawood, KS

Elmore County Association of Foster

Parents, Elmore, AL

Evans Chapel Foundation, Bennettsville,

SC

Federal Institute of Health, Darnestown,

MD

Florida Cultural Exhibitions Inc., St.

Petersburg, FL

Foundation for Family Development,

Denver, CO

Friends of Rye Town Park, Inc., Rye,

NY

Friends of Sausalito Parks and

Recreation, Sausalito, CA

Friends of Swaziland, New York, NY

Friends of Temescal, Inc., Corona, CA

Friends of the Brentwood Public

Library, Brentwood, NY

Gulf Coast Emergency Response Team,

Inc., Houston, TX

Gulf Coast Repertory Theatre Company,

Beaumont, TX

Housing Foundation, Yakima, WA

Houston Croquet Classic, Houston, TX

Houston Knights Baseball Association,

Bellaire, TX

Impact Ministries Inc., Evansville, IN

Islam United, Pasadena, CA

Island Medical Mission, North Brook,

IL

Jerome R. Mix Foundation, Cupertino,

CA

Justice Science Fiction and Fantasy

Convention, Garland, TX

J.W.F. for Youths Foundation, Inc., New

Haven, CT

JWS Associates, Inc., Dayton, OH

Kentucky Playwrights Theatre Co.,

Louisville, KY

Kids Core International, Inc.,

Hawthorne, CA

Little Missions, Wheatley Heights, NY

Los Sures Sip Housing Development

Fund Corporation, Brooklyn, NY

37

Massachusetts AIDS Discrimination

Initiative, Inc., Boston, MA

Massachusetts High Technology

Employment Library, Inc., Woburn,

MA

Massachusetts One Church One Child

Coalition, Inc., Boston, MA

Multicare Foundation, Inc., Gaffney, SC

Rothstein Family Foundation for

Educational Advancement, Sun

Valley, CA

Rubonia Community Center, Palmetto,

FL

Ruiz for Kids Inc., Dinuba, CA

Students for the Advancement of Health

Care in India, Baltimore, MD

Success Foundation, Seattle, WA

Sunnyside Elementary PTO, Idaho Falls,

ID

Support Center Executive Service Corps,

San Diego, CA

Support Future Wolverines, Eugene, OR

Susitna Valley Parent-Teacher

Organization, Talkeetna, AK

University Success Consortium Inc.,

Cincinnati, OH

Urban Access Inc., Brooklyn, NY

Voice, Manhattan Beach, CA

Voice of Hope Inc., Grants Pass, OR

Voice of Insurance Consumer Education

Foundation, Redondo Beach, CA

Volunteers in Moscow-VIM, Moscow,

ID

Vons-Utla Dial-A-Teacher Foundation

Inc., Los Angeles, CA

World of Endangered Species, Shingle

Springs, CA

Worldwide Videos Inc., Boise, ID

Writers International Network-Writers

Inter-Age Network, Fresno, CA

Youth Escaping the Streets, Glendale,

CA

Z Collective, San Francisco, CA

If an organization listed above submits information that warrants the renewal of its classification as a public

charity or as a private operating foundation, the Internal Revenue Service will

issue a ruling or determination letter

with the revised classification as to

foundation status. Grantors and contributors may thereafter rely upon such

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

Income Tax Regulations. It is not

the practice of the Service to announce

such revised classification of foundation

status in the Internal Revenue Bulletin.

July 7, 1997

Announcement of the Expedited Suspension of Attorneys, Certified Public

Accountants, Enrolled Agents, and Enrolled Actuaries From Practice Before the

Internal Revenue Service

Under title 31 of the Code of Federal

Regulations, section 10.76, the Director

of Practice is authorized to immediately

suspend from practice before the Internal Revenue Service any practitioner

who, within five years, from the date

the expedited proceeding is instituted,

(1) has had a license to practice as an

attorney, certified public accountant, or

actuary suspended or revoked for cause;

or (2) has been convicted of any crime

under title 26 of the United States Code

or, of a felony under title 18 of the

United States Code involving dishonesty

or breach of trust.

Attorneys, certified public accountants, enrolled agents, and enrolled actu-

aries are prohibited in any Internal Revenue Service matter from directly or

indirectly employing, accepting assistance from, being employed by, or sharing fees with, any practitioner disbarred

or suspended from practice before the

Internal Revenue Service.

To enable attorneys, certified public

accountants, enrolled agents, and enrolled actuaries to identify practitioners

under expedited suspension from practice before the Internal Revenue Service,

the Director of Practice will announce in

the Internal Revenue Bulletin the names

and addresses of practitioners who have

been suspended from such practice, their

designation as attorney, certified public

accountant, enrolled agent, or enrolled

actuary, and date or period of suspension. This announcement will appear in

the weekly Bulletin at the earliest practicable date after such action and will

continue to appear in the weekly Bulletins for five successive weeks or for as

many weeks as is practicable for each

attorney, certified public accountant, enrolled agent, or enrolled actuary so

suspended and will be consolidated and

published in the Cumulative Bulletin.

The following individuals have been

placed under suspension from practice

before the Internal Revenue Service by

virtue of the expedited proceeding provisions of the applicable regulations:

Name

Address

Designation

Date of Suspension

Newman, Harry J.

Sehnert, Fred

Gaskins, John D.

Covington, VA

Dallas, TX

Valdosta, GA

CPA

CPA

CPA

Indefinite from May 16, 1997

Indefinite from May 16, 1997

Indefinite from May 16, 1997

Turner, Charles L.

Thornton Jr., Kenneth W.

Kellogg, Richard

Goshen, KY

Murrells Inlet, SC

White Hall, AR

Attorney

Attorney

CPA

Indefinite from May 16, 1997

Indefinite from May 16, 1997

Indefinite from May 16, 1997

Stec, Albert J.

Huff Jr., James G.

Seall, William

Brunner, L. Keith

Bart, David R.

Shafer, David A.

Schereville, IN

Raleigh, NC

Dayton, OH

Centerville, OH

Oakwood, OH

Franklin, OH

CPA

CPA

Attorney

Attorney

Attorney

CPA

Indefinite from May 16, 1997

Indefinite from May 16, 1997

Indefinite from May 16, 1997

Indefinite from May 16, 1997

Indefinite from May 16, 1997

Indefinite from May 16, 1997

Schouman, James

Jones, Milo A.

Milford, MI

Greensboro, NC

Attorney

CPA

Indefinite from May 16, 1997

Indefinite from May 16, 1997

Dolan, Gary L.

Coorey, Edward T.

Sheehan, Thomas J.

Millonig, Arthur F.

McHaffie, Richard T.

Lincoln, NE

Hampton, NH

Maggie Valley, NC

Dayton, OH

St. Paul, MN

Attorney

Enrolled Agent

CPA

Attorney

Attorney

Indedinite from May 16, 1997

Indefinite from May 16, 1997

Indefinite from May 16, 1997

Indefinite from May 16, 1997

Indefinite from June 4, 1997

Rigler, Michael

Hopkins, Diane E.

Gainesville, TX

St. Paul, MN

CPA

Attorney

Indefinite from June 4, 1997

Indefinite from June 4, 1997

Adae, F. Brian

Barrington, RI

Attorney

Indefinite from June 4, 1997

July 7, 1997

38

1997–27

I.R.B.

Announcement of the Consent Suspension of Attorneys, Certified Public

Accountants, Enrolled Agents, and Enrolled Actuaries From Practice Before the

Internal Revenue Service

Under 31 Code of Federal Regulations, Part 10, an attorney, certified public accountant, enrolled agent, or enrolled actuary, in order to avoid the

institution or conclusion of a proceeding

for his disbarment or suspension from

practice before the Internal Revenue Service, may offer his consent to suspension

from such practice. The Director of

Practice, in his discretion, may suspend

an attorney, certified public accountant,

enrolled agent, or enrolled actuary in

accordance with the consent offered.

Attorneys, certified public accountants, enrolled agents, and enrolled actuaries are prohibited in any Internal Rev-

enue Service matter from directly or

indirectly employing, accepting assistance from, being employed by or sharing fees with, any practitioner disbarred

or suspended from practice before the

Internal Revenue Service.

To enable attorneys, certified public

accountants, enrolled agents, and enrolled actuaries to identify practitioners

under consent suspension from practice

before the Internal Revenue Service, the

Director of Practice will announce in the

Internal Revenue Bulletin the names and

addresses of practitioners who have

been suspended from such practice, their

designation as attorney, certified public

accountant, enrolled agent, or enrolled

actuary, and date or period of suspension. This announcement will appear in

the weekly Bulletin at the earliest practicable date after such action and will

continue to appear in the weekly Bulletins for five successive weeks or for as

many weeks as is practicable for each

attorney, certified public accountant, enrolled agent, or enrolled actuary so

suspended and will be consolidated and

published in the Cumulative Bulletin.

The following individuals have been

placed under consent suspension from

practice before the Internal Revenue

Service:

Name

Address

Designation

Date of Suspension

Padgett, John

Crisp, Jerry W.

Kessel, Donald K.

Orleans, MA

Dallas, TX

Export, PA

Attorney

CPA

CPA

May 22, 1997 to October 21, 1998

June 1, 1997 to May 31, 2000

June 1, 1997 to November 30, 1998

Klimchak, Joseph

Steele, Lewis M.

Castleberry, Gene A.

Aliquippa, PA

Pittsburgh, PA

Oklahoma City, OK

CPA

CPA

Attorney

June 1, 1997 to February 28, 1998

June 1, 1997 to May 31, 1998

June 4, 1997 to August 3, 1997

O’Connor, Paul J.

Olshan, Robert M.

Johnson, Kirk L.

Mattutat, Stephen

Trenary, Lloyd R.

Ritchey Jr., Ferris

Hanover, MA

Washington, DC

Ann Arbor, MI

Ellicott City, MD

Oklahoma City, OK

Birmingham, AL

CPA

CPA

CPA

CPA

CPA

Attorney

June 6, 1997 to June 5, 2000

June 10, 1997 to December 9, 1998

July 1, 1997 to June 30, 1999

July 1, 1997 to March 31, 1998

August 1, 1997 to March 31, 1998

August 1, 1997 to July 31, 2000

Gold, Howard G.

Womack, Kathleen

Hamden, CT

Hammond, LA

CPA

CPA

August 1, 1997 to July 31, 1999

August 1, 1997 to July 31, 1999

1997–27

I.R.B.

39

July 7, 1997

Numerical Finding List1

Bulletins 1997–1 through 1997–26

Announcements:

97–1, 1997–2 I.R.B. 63

97–2, 1997–2 I.R.B. 63

97–3, 1997–2 I.R.B. 63

97–4, 1997–3 I.R.B. 14

97–5, 1997–3 I.R.B. 15

97–6, 1997–4 I.R.B. 11

97–7, 1997–4 I.R.B. 12

97–8, 1997–4 I.R.B. 12

97–9, 1997–5 I.R.B. 27

97–10, 1997–10 I.R.B. 64

97–11, 1997–6 I.R.B. 19

97–12, 1997–7 I.R.B. 55

97–13, 1997–8 I.R.B. 38

97–14, 1997–8 I.R.B. 38

97–15, 1997–9 I.R.B. 23

97–16, 1997–9 I.R.B. 23

97–17, 1997–9 I.R.B. 23

97–18, 1997–10 I.R.B. 67

97–19, 1997–10 I.R.B. 68

97–20, 1997–11 I.R.B. 22

97–21, 1997–11 I.R.B. 23

97–22, 1997–12 I.R.B. 47

97–23, 1997–11 I.R.B. 23

97–24, 1997–11 I.R.B. 24

97–25, 1997–12 I.R.B. 47

97–26, 1997–12 I.R.B. 48

97–27, 1997–13 I.R.B. 30

97–28, 1997–14 I.R.B. 15

97–29, 1997–14 I.R.B. 16

97–30, 1997–14 I.R.B. 16

97–31, 1997–14 I.R.B. 16

97–32, 1997–14 I.R.B. 17

97–33, 1997–15 I.R.B. 8

97–34, 1997–15 I.R.B. 8

97–35, 1997–15 I.R.B. 9

97–36, 1997–15 I.R.B. 10

97–37, 1997–15 I.R.B. 10

97–38, 1997–15 I.R.B. 10

97–39, 1997–16 I.R.B. 27

97–40, 1997–16 I.R.B. 28

97–41, 1997–16 I.R.B. 28

97–42, 1997–17 I.R.B. 19

97–43, 1997–17 I.R.B. 19

97–44, 1997–17 I.R.B. 19

97–45, 1997–17 I.R.B. 20

97–46, 1997–18 I.R.B. 53

97–47, 1997–19 I.R.B. 94

97–48, 1997–20 I.R.B. 8

97–49, 1997–20 I.R.B. 8

97–50, 1997–20 I.R.B. 8

97–51, 1997–20 I.R.B. 9

97–52, 1997–21 I.R.B. 22

97–53, 1997–21 I.R.B. 22

97–54, 1997–22 I.R.B. 23

97–55, 1997–22 I.R.B. 23

97–56, 1997–23 I.R.B. 17

97–57, 1997–23 I.R.B. 18

97–58, 1997–24 I.R.B. 13

97–59, 1997–24 I.R.B. 13

97–60, 1997-24 I.R.B. 14

97–62, 1997–25, I.R.B. 34

97–63, 1997–26 I.R.B. 8

97–64, 1997–26 I.R.B. 9

97–65, 1997–26 I.R.B. 9

97–66, 1997–26 I.R.B. 9

Delegation Orders:

232 (Rev. 3), 21

Notices:

Public Law:

97–1, 1997–2 I.R.B. 22

97–2, 1997–2 I.R.B. 22

97–3, 1997–1 I.R.B. 8

97–4, 1997–2 I.R.B. 24

97–5, 1997–2 I.R.B. 25

97–6, 1997–2 I.R.B. 26

97–7, 1997–1 I.R.B. 8

97–8, 1997–4 I.R.B. 7

97–9, 1997–2 I.R.B. 35

97–10, 1997–2 I.R.B. 41

97–11, 1997–2 I.R.B. 50

97–12, 1997–3 I.R.B. 11

97–13, 1997–6 I.R.B. 13

97–14, 1997–8 I.R.B. 23

97–15, 1997–8 I.R.B. 23

97–16, 1997–9 I.R.B. 15

97–17, 1997–10 I.R.B. 34

97–18, 1997–10 I.R.B. 35

97–19, 1997–10 I.R.B. 40

97–20, 1997–10 I.R.B. 52

97–21, 1997–11 I.R.B. 9

97–22, 1997–13 I.R.B. 9

97–23, 1997–14 I.R.B. 8

97–24, 1997–16 I.R.B. 6

97–25, 1997–16 I.R.B. 8

97–26, 1997–17 I.R.B. 6

97–27, 1997–17 I.R.B. 7

97–28, 1997–18 I.R.B. 45

97–29, 1997–20 I.R.B. 6

97–30, 1997–20 I.R.B. 6

97–31, 1997–21 I.R.B. 5

97–32, 1997–21 I.R.B. 8

97–33, 1997–22 I.R.B. 22

97–34, 1997–25 I.R.B. 22

97–35, 1997–25 I.R.B. 32

97–36, 1997–26 I.R.B. 6

105–2, 1997–18 I.R.B. 14

Proposed Regulations:

REG–209332–80, 1997–14 I.R.B. 9

REG–209040–88, 1997–7 I.R.B. 34

REG–209121–89, 1997–11 I.R.B. 15

REG–208288–90, 1997–11 I.R.B. 14

REG–209494–90, 1997–8 I.R.B. 24

REG–208172–91, 1997–10 I.R.B. 59

REG–209672–93, 1997–6 I.R.B. 15

REG–209709–94 1997–13 I.R.B. 12

REG–209729–94, 1997–11 I.R.B. 19

REG–209762–95, 1997–3 I.R.B. 12

REG–209785–95, 1997–18 I.R.B. 46

REG–209817–96, 1997–7 I.R.B. 41

REG–209824–96, 1997–11 I.R.B. 19

REG–254394–96, 1997–14 I.R.B. 14

REG–209823–96, 1997–18 I.R.B. 47

REG–209828–96, 1997–6 I.R.B. 15

REG–209830–96, 1997–15 I.R.B. 7

REG–209834–96, 1997–4 I.R.B. 9

REG–209837–96, 1997–23 I.R.B. 8

REG–209839–96, 1997–8 I.R.B. 26

REG–242996–96, 1997–9 I.R.B. 18

REG–246018–96, 1997–8 I.R.B. 30

REG–247678–96, 1997–6 I.R.B. 17

REG–247862–96, 1997–8 I.R.B. 32

REG–248770–96, 1997–8 I.R.B. 33

REG–249819–96, 1997–7 I.R.B. 50

REG–251703–96, 1997–25 I.R.B. 5

REG–252231–96, 1997–7 I.R.B. 52

REG–252233–96, 1997–9 I.R.B. 19

REG–252487–96, 1997–25 I.R.B. 9

REG–252665–96, 1997–12 I.R.B. 46

REG–253578–96, 1997–19 I.R.B. 93

REG–105299–97, 1997–23 I.R.B. 8

Railroad Retirement Quarterly Rate:

1997–21 I.R.B. 4

Revenue Procedures:

97–1, 1997–1 I.R.B. 11

97–2, 1997–1 I.R.B. 64

97–3, 1997–1 I.R.B. 84

97–4, 1997–1 I.R.B. 96

97–5, 1997–1 I.R.B. 132

97–6, 1997–1 I.R.B. 153

97–7, 1997–1 I.R.B. 185

97–8, 1997–1 I.R.B. 187

97–9, 1997–2 I.R.B. 56

97–10, 1997–2 I.R.B. 59

97–11, 1997–6 I.R.B. 13

97–12, 1997–4 I.R.B. 7

97–13, 1997–5 I.R.B. 18

97–14, 1997–5 I.R.B. 20

97–15, 1997–5 I.R.B. 21

97–16, 1997–5 I.R.B. 25

97–17, 1997–9 I.R.B. 15

97–18, 1997–10 I.R.B. 53

97–19, 1997–10 I.R.B. 55

97–20, 1997–11 I.R.B. 10

97–21, 1997–12 I.R.B. 44

97–22, 1997–13 I.R.B. 9

97–23, 1997–17 I.R.B. 7

97–24, 1997–16 I.R.B. 10

97–24A, 1997–20 I.R.B. 7

97–25, 1997–17 I.R.B. 8

97–26, 1997–17 I.R.B. 17

97–27, 1997–21 I.R.B. 10

97–28, 1997–23 I.R.B. 9

97–29, 1997–24 I.R.B. 9

97–30, 1997–25 I.R.B. 20

97–31, 1997–26 I.R.B. 6

Revenue Rulings:

97–1, 1997–2 I.R.B. 10

97–2, 1997–2 I.R.B. 7

97–3, 1997–2 I.R.B. 5

97–4, 1997–3 I.R.B. 6

97–5, 1997–4 I.R.B. 5

97–6, 1997–4 I.R.B. 4

97–7, 1997–5 I.R.B. 14

97–8, 1997–7 I.R.B. 4

97–9, 1997–9 I.R.B. 4

97–10, 1997–10 I.R.B. 31

97–11, 1997–10 I.R.B. 5

97–12, 1997–11 I.R.B. 5

97–13, 1997–16 I.R.B. 4

97–14, 1997–11 I.R.B. 5

97–15, 1997–12 I.R.B. 42

97–16, 1997–13 I.R.B. 4

97–17, 1997–14 I.R.B. 5

97–18, 1997–15 I.R.B. 4

97–19, 1997–18 I.R.B. 11

97–20, 1997–19 I.R.B. 4

97–21, 1997–18 I.R.B. 8

97–22, 1997–20 I.R.B. 5

97–23, 1997–22 I.R.B. 18

97–24, 1997–22 I.R.B. 17

97–25, 1997–23 I.R.B. 4

97–26, 1997–24 I.R.B. 4

Social Security Domestic Coverage Threshold:

1997–9, I.R.B. 17

Tax Conventions:

1997–17 I.R.B. 5

1

See footnote at end of list.

July 7, 1997

40

1997–27

I.R.B.

Numerical Finding List—Continued

Bulletins 1997–1 through 1997–26

Treasury Decisions:

8688, 1997–3 I.R.B. 7

8689, 1997–3 I.R.B. 9

8690, 1997–5 I.R.B. 5

8691, 1997–5 I.R.B. 16

8692, 1997–3 I.R.B. 4

8693, 1997–6 I.R.B. 9

8694, 1997–6 I.R.B. 11

8695, 1997–4 I.R.B. 5

8696, 1997–6 I.R.B. 4

8697, 1997–2 I.R.B. 11

8698, 1997–7 I.R.B. 29

8699, 1997–6 I.R.B. 4

8700, 1997–7 I.R.B. 5

8701, 1997–7 I.R.B. 23

8702, 1997–8 I.R.B. 4

8703, 1997–8 I.R.B. 18

8704, 1997–8 I.R.B. 12

8705, 1997–8 I.R.B. 16

8706, 1997–9 I.R.B. 11

8707, 1997–7 I.R.B. 17

8708, 1997–10 I.R.B. 14

8709, 1997–9 I.R.B. 5

8710, 1997–13 I.R.B. 4

8711, 1997–12 I.R.B. 35

8712, 1997–12 I.R.B. 4

8713, 1997–14 I.R.B. 4

8714, 1997–15 I.R.B. 5

8715, 1997–18 I.R.B. 5

8716, 1997–19 I.R.B. 5

8717, 1997–24 I.R.B. 5

8718, 1997–22 I.R.B. 4

8719, 1997–23 I.R.B. 4

8720, 1997–23 I.R.B. 6

8721, 1997–26 I.R.B. 4

1

A cumulative list of all Revenue Rulings,

Revenue Procedures, Treasury Decisions, etc.,

published in Internal Revenue Bulletins 1996–27

through 1996–53 will be found in Internal

Revenue Bulletin 1997–1, dated January 6, 1997.

1997–27

I.R.B.

41

July 7, 1997

Finding List of Current Action on

Previously Published Items1

Bulletins 1997–1 through 1997–26

*Denotes entry since last publication

Delegation Orders:

232 (Rev. 2)

Modified by

232 (Rev. 3), 1997–25 I.R.B. 21

Revenue Procedures:

66–3

Modified by

97–11, 1997–6 I.R.B. 13

87–21

Modified by

97–11, 1997–6 I.R.B. 13

92–20

Modified by

97–1, 1997–1 I.R.B. 11

92–20

Modified by

97–10, 1997–2 I.R.B. 59

92–90

Superseded by

97–1, 1997–1 I.R.B. 11

94–52

Revoked by

97–11, 1997–6 I.R.B. 13

96–1

Superseded by

97–1, 1997–1 I.R.B. 11

96–2

Superseded by

97–2, 1997–1 I.R.B. 64

96–3

Superseded by

97–3, 1997–1 I.R.B. 84

96–4

Superseded by

97–4, 1997–1 I.R.B. 96

96–5

Superseded by

97–5, 1997–1 I.R.B. 132

96–6

Superseded by

97–6, 1997–1 I.R.B. 153

96–7

Superseded by

97–7, 1997–1 I.R.B. 185

96–8

Superseded by

97–8, 1997–1 I.R.B. 187

Revenue Procedures—Continued

97–2

Amplified by

97–21, 1997–12 I.R.B. 44

97–3

Amplified by

97–23, 1997–17 I.R.B. 7

97–27

Superseded by

97–30, 1997–25 I.R.B. 20

Revenue Rulings:

70–480

Revoked by

97–6, 1997–4 I.R.B. 4

72–527

Obsoleted by

8704, 1997–8 I.R.B. 12

74–59

Revoked by

8708, 1997–10 I.R.B. 14

86–73

Obsoleted by

TD 8717, 1997–24 I.R.B. 5

87–50

Obsoleted by

TD 8717, 1997–24 I.R.B. 5

87–51

Obsoleted by

TD 8717, 1997–24 I.R.B. 5

88–42

Obsoleted by

TD 8717, 1997–24 I.R.B. 5

92–19

Supplemented in part by

97–2, 1997–2 I.R.B. 7

93–90

Obsoleted by

TD 8717, 1997–24 I.R.B. 5

96–12

Superseded by

97–3, 1997–1 I.R.B. 84

96–13

Modified by

97–1, 1997–1 I.R.B. 11

96–22

Superseded by

97–3, 1997–1 I.R.B. 84

96–34

Superseded by

97–3, 1997–1 I.R.B. 84

96–39

Superseded by

97–3, 1997–1 I.R.B. 84

96–24

96–24A

Superseded by

97–24, 1997–16 I.R.B. 10

96–43

Superseded by

97–3, 1997–1 I.R.B. 84

96–37

Obsoleted by

97–26, 1997–17 I.R.B. 17

96–56

Superseded by

97–3, 1997–1 I.R.B. 84

1

A cumulative finding list for previously published

items mentioned in Internal Revenue Bulletins

1996–27 through 1996–53 will be found in Internal Revenue Bulletin 1997–1, dated January 6,

1997.

July 7, 1997

42

1997–27

I.R.B.

Index

Internal Revenue Bulletins 1997–1

Through 1997–26

For index of items published during

the last six months of 1996, see

I.R.B. 1997–1, dated Januar y 6,

1997.

The abbreviation and number in parenthesis following the index entry

refer to the specific item; numbers in

roman and italic type following the

parenthesis refer to the Internal Revenue Bulletin in which the item may

be found and the page number on

which it appears.

Key to Abbreviations:

RR

Revenue Ruling

RP

Revenue Procedure

TD

Treasury Decision

CD

Court Decision

PL

Public Law

EO

Executive Order

DO

Delegation Order

TDO

Treasury Department Order

TC

Tax Convention

SPR

Statement of Procedural

Rules

PTE

Prohibited Transaction

Exemption

EMPLOYMENT TAX

Railroad retirement:

Rate determination, quarterly (April 1,

1997) 21, 4

Regulations:

26 CFR 31.3406(j)–1, added;

35a.3406–3, removed; taxpayer

identification number (TIN) matching program (TD 8721) 26, 4

Social Security domestic employee coverage threshold amount for 1997, 9,

17

ESTATE & GIFT TAXES

ADMINISTRATIVE

Proposed regulations:

26

CFR

20.2044–1,

added;

20.2056(b)–7, amended; estate and

gift tax marital deduction (REG–

209830–96) 15, 7

Regulations:

26 CFR 20.2044–1T, 20.2056(b)–7T,

–10T, added; estate tax marital deduction (TD 8714) 15, 5

EXCISE TAX

Airport and airway trust fund excise

taxes (PL 105–2) 18, 14

1997–27

I.R.B.

EXCISE TAX—Continued

INCOME TAX—Continued

Deposits (Notice 15) 8, 23

Epoxy (DGEBA) determination (Notice

22) 13, 9

Proposed regulations:

26 CFR 48.4081–1, amended;

48.4082–5, 48.6715–2, added;

gasoline and diesel fuel excise tax,

special rules for Alaska, definition

of aviation gasoline and kerosene

(REG–247678–96) 6, 17

26 CFR 54.9801–1 through –6,

54.9802–1, 54.9804–1, 54.9806–1,

added; group health plan, health

insurance

portability

(REG–

253578–96) 19, 93

Regulations:

26 CFR 48.4082–5T, 48.6715–2T,

added; diesel fuel excise tax, special rules for Alaska (TD 8693) 6,

9

26 CFR 54.9801–1T through –6T,

54.9802–1T, 54.9804–1T, 54.9806–

1T, added; group health plans, access, portability, and renewability

requirements (TD 8716) 19, 5

Credit for producing fuel from a

nonconventional source, section 29

inflation adjustment factor, and reference price (Notice 28) 18, 45

Credits against tax:

Low-income housing credit:

Building’s credit period beginning

after 1995 (RR 4) 3, 6

Satisfactory bond, bond factor

amounts for January, February,

and March 1997 (RR 16) 13, 4;

for April, May, and June 1997

(RR 25) 23, 4

Depreciation:

Retail motor fuels outlets (RP 10) 2,

59

Differential earnings rate (Notice 17) 10,

34

Domestic asset/liability and investment

yield percentages (RP 16) 5, 25

Electing Small Business Trust (ESBT)

election (Notice 12) 3, 11

Electricity from certain renewable resources:

Inflation adjustment factor and reference prices, calendar year 1997

(Notice 30) 20, 6

Employee plans:

Cash or deferred arrangements (Notice 2) 2, 22

Funding:

Full funding limitations, weighted

average interest rate, January

1997 (Notice 8) 4, 7; February

1997 (Notice 16) 9, 15; March

1997 (Notice 23) 14, 8; April

1997 (Notice 27) 17, 7; May

1997 (Notice 33) 22, 22; June

1997 (Notice 35) 25, 32

Qualification:

Qualified domestic relations orders

(Notice 11) 2, 49

Qualified joint and survivor annuities (Notice 10) 2, 49

SIMPLES (RP 9) 2, 55

SIMPLE–IRAs (Notice 6) 2, 26; (RP

29) 24, 9

User fees (RP 8) 1, 187

Exempt organizations:

Tax consequences of physician recruitment incentives provided by hospitals described in section 501(c)(3)

of the Code (RR 21) 18, 8

Unrelated business taxable income

(RP 12) 4, 7

User fees (RP 8) 1, 187

Foreign trust and foreign gift reporting

provisions (Notice 34) 25, 22

GENERATION-SKIPPING

TRANSFER TAX

Regulations:

26 CFR 26.2652–1, amended;

generation-skipping transfer tax

(TD 8720) 23, 4

GIFT TAXES

Proposed regulations:

26 CFR 25.2702–1(c)(3), revised;

charitable remainder trusts (REG–

209823–96) 18, 47

INCOME TAX

Abusive trusts (Notice 24) 16, 6

Accounting periods; small business corporations (Notice 20) 10, 52

Adoption assistance (Notice 9) 2, 35

Advance guidance under Section 877

(Notice 19) 10, 40

Alternative minimum tax, change in accounting method (Notice 13) 6, 13

Automobile inflation adjustment (RP 20)

11, 10

Books and records; electronic storage;

imaging (RP 22) 13, 9

Changes in accounting periods and

methods of accounting (RP 27) 21, 10

Charitable remainder unitrusts; no rule

on CRT abuses (RP 23) 17, 7

Consolidated returns, TD 7637; correction (Notice 29) 20, 6

43

July 7, 1997

INCOME TAX—Continued

INCOME TAX—Continued

INCOME TAX—Continued

Forms W–2 and W–3; general rules and

specifications for private printing (RP

24) 16, 10; correction (RP 24A) 20, 7

Form 8851; electronic and magnetic

media filing specifications (RP 25)

17, 8

Fringe benefits aircraft valuation formula (RR 14) 11, 5

General asset accounts; election (RP 30)

25, 20

Insurance companies:

Interest rate tables (RR 2) 2, 8

Premium stabilization reserves (RR 5)

4, 5

Interest:

Investment:

Federal short-term, mid-term, and

long-term rates for January 1997

(RR 1) 2, 10; February 1997 (RR

7) 5, 14; March 1997 (RR 10)

10, 31; April 1997 (RR 17) 14,

5; May 1997 (RR 19) 18, 11;

June 1997 (RR 24) 22, 17

Penalties:

Underpayment and overpayment

rates for April 1997 (RR 12) 11,

5; July 1997 (RR 23) 22, 18

Inventories:

LIFO, price indexes, department

stores, November 1996 (RR 6) 4,

4; December 1996 (RR 8) 7, 4;

January 1997 (RR 15) 12, 42; February 1997 (RR 18) 15, 4; March

1997 (RR 22) 20, 5; April 1997

(RR 26) 24, 4

Losses:

Net operating; specified liability

losses (Notice 36) 26, 6

Low-income housing tax credit (Notice

14) 8, 23

Major disaster areas (RR 11) 10, 5

Medical and dental expenses (RR 9) 9,

4

Medical savings accounts:

High-deductible plan (RR 20) 19, 4

Modified guaranteed contracts (Notice

32) 21, 8

Obsolete revenue rulings and revenue

procedures under TD 8697 (Notice 1)

2, 22

Photocopy fee increase (RP 11) 6, 13

Pilot pre-submission conference procedure (RP 21) 12, 44

Proposed regulations:

26 CFR 1.41–0, amended; 1.41–4,

revised; research activities increase,

credit, hearing (REG–209494–90)

8, 24

26 CFR 1.42–16, added; low-income

housing tax credits, Federal grants

(REG–254394–96) 14, 14

Proposed regulations—Continued

26 CFR 1.167(a)–3, amended;

1.167(a)–14, 1.197–0, 1.197–2,

added; amortization of intangible

property (REG–209709–94) 13, 12

26 CFR 1.274–5, added; substantiation of business expenses for travel,

entertainment, gifts, and listed

property (REG–209785–95) 18, 46

26 CFR 1.337(d)–4, added; certain

asset transfers to tax-exempt entity

(REG–209121–89) 11, 15

26 CFR 1.338(b)–2, –3, added; intangibles under sections 1060 and 338

(REG–252665–96) 12, 46

26 CFR 1.354–1, 1.355–1, 1.356–3,

amended; reorganizations, receipt

of securities (REG–249819–96) 7,

50

26 CFR 1.368–1, amended; shareholder interest continuity requirement for corporate reorganizations

(REG–252231–96) 7, 52

26 CFR 1.368–1, –2, amended; continuity of interest and business requirements (REG–252233–96) 9,

19

26

CFR

1.446–1,

amended;

301.9100–1(h), added; 301.9100–3,

revised; adoption or change of accounting method, extensions of

time to make elections (REG–

209837–96; REG–105299–97) 23,

8

26 CFR 1.453–11, added; installment

obligations received from liquidating corporations; partial withdrawal

(REG–209332–80) 14, 9

26 CFR 1.468A–2, –3, amended;

nuclear decommissioning reserve

funds; revised schedules of ruling

amounts (REG–209828–96) 6, 15

26 CFR 1.643(h)–1, 1.672(f)–1, –2,

–3, –4, –5, added; 1.671–2(e), revised; inbound grantor trusts with

foreign grantors (REG–252487–96)

25, 9

26 CFR 1.664–1(a)(7), (d)(1)(iii),

(f)(4), added; 1.664–2, revised;

1.664–3, amended; charitable remainder trusts (REG–209823–96)

18, 47

26 CFR 1.704–3, 1.1245–1, amended;

depreciation allocations, recapture

among partners in a partnership

(REG–209762–95) 3, 12

26 CFR 1.801–4, amended; life insurance reserves, recomputation hearing (REG–246018–96) 8, 30

26 CFR 1.832–4, amended; insurance

companies, determination of earned

premiums (REG–209839–96) 8, 26

Proposed regulations—Continued

26 CFR 1.905–2, amended; foreign

tax credit filing requirements

(REG–208288–90) 11, 14

26 CFR 1.1275–7, 1.1286–2, added;

inflation-indexed debt instruments

(REG–242996–96) 9, 18

26 CFR 1.1293–2, 1.1295–2, added;

qualified electing fund elections,

preferred shares, hearing (REG–

209040–88) 7, 34

26 CFR 1.1396–1, added; empowerment zone employment credit;

qualified zone employees (REG–

209834–96) 4, 9

26 CFR 1.1402(a)–18, withdrawn;

(REG–209729–94) 11, 19

26 CFR 1.6013–2, 301.6334–1,

301.6601–1, 301.6651–1, 301.7430–

0, –1, –2, –4, –5, amended;

301.6656–3, added; 301.7122–1(e),

301.7430–6, revised; Taxpayer Bill

of Rights 2 and Personal Responsibility and Work Opportunity Reconciliation Act of 1996, miscellaneous sections affected (REG–

248770–96) 8, 33

26 CFR 1.7701(1)–1, amended;

1.7701(1)–2; obligation-shifting

transactions, multiple-party, realized

income and deductions (REG–

209817–96) 7, 41

26 CFR 53.6011–1, amended; 53.6017–

1T; return and time for filing requirements (REG–247862–96) 8, 32

26 CFR 301.7701–5, amended;

301.7701–7, added; residence of

trusts and estates (REG–251703–

96) 25, 5

Qualified long-term care, definitions

(Notice 31) 21, 5

Qualified mortgage bonds; mortgage

credit certificates; national median

gross income (RP 26) 17, 17

Regulations:

26 CFR 1.25–3, added; 1.25–3T,

amended; mortgage credit certificate reissuance (TD 8692) 3, 4

26 CFR 1.42–16T, added; low-income

housing tax credits, Federal grants

(TD 8713) 14, 4

26 CFR 1.45B–1; withdrawal of

credit for employer social security

taxes paid on employee tips (REG–

209672–93) 6, 15

26 CFR 1.45B–1T, removed; credit for

employer social security taxes paid

on employee tips (TD 8699) 6, 4

July 7, 1997

44

1997–27

I.R.B.

INCOME TAX—Continued

INCOME TAX—Continued

INCOME TAX—Continued

Regulations—Continued

26 CFR 1.103–8(a)(5), revised;

1.103–8T, removed; 1.142–4,

added; 1.148–0(c), amended;

1.148–1T through –6T and intermediary sections, –9T, –10T, –11T,

redesignated; 1.148–1A through

–6A and intermediary sections,

–9A, –10A, –11A, 1.148–1,

amended; 1.148–2(b)(2)(ii), 1.148–

3, revised; 1.148–4, amended;

1.148–5(b)(2)(iii), (c)(2)(i), (c)(3)(ii), (d)(3)(ii), (e)(2)(ii)(B), (e)(2)(iii), 1.148–6(d)(3)(iii)(C), 1.148–

9(c)(2)(ii)(B) and (h)(4)(vi),

revised; 1.148–10, –11, amended;

1.148–11A(i), revised; 1.149(d)–1,

amended; 1.149(d)–1T, redesignated; 1.150–1, amended; 1.150–

1T, redesignated; tax-exempt bonds,

arbitrage restrictions (TD 8718) 22,

4

26 CFR 1.108(a)–1, –2, 108(b)–1,

1.1016–7, –8, 1.1017–2, removed;

1.108–4, –5, added; 1.1017–1, revised; 1.301.9100–13T, removed;

basis reduction due to discharge of

indebtedness (REG–208172–91) 10,

59

26 CFR 1.108(c)–1T, 1.163(d)–1T,

1.1044(a)–1T, 1.6655(e)–1T, removed; 1.108(c)–1, 1.163(d)–1,

1.1044(a)–1, 1.6655(e)–1, added;

Omnibus Budget Reconciliation

Act, elections (TD 8688) 3, 7

26 CFR 1.141–1, revised; 1.143–1,

redesignated; 1.144–3, removed;

1.141–0, –2 through –16, 1.142–0,

–3, 1.144–0, 1.145–0, –1, –2,

1.147–0, –1, –2, 1.150–4, added;

1.142–1, –2, 1.144–1, –2, revised;

1.148–6, 1.150–1, amended; private

activity bonds definition (TD 8712)

12, 4

26 CFR 1.170A–1, –13, amended;

charitable contributions, deductibility, substantiation, and disclosure

(TD 8690) 5, 5

26 CFR 1.267(f)–1, 1.1502–11, –13,

–19, –20, –32, –43, –76, –80, corrected; consolidated returns, consolidated and controlled groups

(Notice 25) 16, 8

26 CFR 1.280H–1T, amended;

1.274–5, redesignated; 1.274–5T,

amended; substantiation of business

expenses for travel, entertainment,

gifts, and listed property (TD 8715)

18, 5

Regulations—Continued

26 CFR 1.338(b)–2T(b)(2)(v), –2T(c)(4), added; 1.338–3, 1.338(b)–2T,

–3T, 1.1060–1T, amended; intangibles under sections 1060 and 338

(TD 8711) 12, 35

26 CFR Part 1, 1.338–0, –4,

amended; 1.338–4T, removed;

1.338(i)–1(a) and (b), revised; target affiliates that are controlled

foreign corporations (TD 8710) 13,

4

26 CFR 1.367(a)–3, added; foreign

corporations, transfer of domestic

stock or securities by U.S. person

(TD 8702) 8, 4

26 CFR 1.446–1(e)(3)(i), amended;

1.446–1T, added; 301.9100–1T(h),

amended; adoption or change of

accounting method, extensions of

time to make elections (TD 8719)

23, 4

26 CFR 1.475(b)–1T, –2T, 1.475(c)–

1T, –2T, 1.475(d)–1T, 1.475(e)–1T,

removed; 1.475–0, 1.475(a)–3,

1.475(b)–1, –2, –4, 1.475(c)–1, –2,

1.475(d)–1, 1.475(e)–1, added; securities dealers; mark-to-market accounting; equity interests in related

parties and dealer-customer relationship (TD 8700) 7, 5

26 CFR 1.581–1, revised; 1.581–2,

1.761–1(a), revised; 301.6109–1,

amended; 301.7701–1, –2, –3, revised; 301.7701–4, amended; domestic unincorporated business

organizations classified as partnerships or associations (TD 8697) 2,

11

26 CFR 1.704–1, –3, –4, 1.708–1,

1.732–2, amended; 1.743–1(d),

1.761–1(e), added; 301.6109–1,

amended; termination of a partnership (TD 8717) 24, 5

26 CFR 1.731–2, added; partnerships,

distribution of marketable securities

(TD 8707) 7, 17

26 CFR 1.902–0, –1, –2, added; foreign taxes deemed paid by domestic corporate shareholder; computation (TD 8708) 10, 14

26 CFR 1.952–1(e), (f), added; 1.952–

2(c)(1), 1.954–1(d)(4)(iii), 1.954–

2(b)(3), 1.954–2(g)(2)(ii)(B)(1)(i),

–(2), revised; 1.957–1, amended;

1.960–1(i), added; controlled foreign corporations, foreign bas company and foreign personal holding

company income, definitions (TD

8704) 8, 12

Regulations—Continued

26 CFR 1.1271–0, 1.1275–4,

amended; 1.1275–7T, 1.1286–2T,

added; inflation-indexed debt instrument (TD 8709) 9, 5

26 CFR 1.1291–0, –9, –10, added;

1.1291–0T, amended; 1.1291–9T,

–10T, removed; treatment of shareholders of certain passive foreign

investment companies (TD 8701) 7,

23

26 CFR 1.1368–1 amended; 1.1377–

0, –1, –2, –3, added; 18.1377–1,

removed; S corporations and their

shareholders, definitions under

subchapter S (TD 8696) 6, 4

26 CFR 1.1402(a)–2, amended; definition of limited partner for selfemployment tax purposes (REG–

209824–96) 11, 19

26 CFR 1.6081–2, –6, added; 1.6081–

2T, –3T, –4T, removed; 1.6081–4,

amended; 301.6651, amended;

301.6651–1T, removed; individual,

partnership, trust, and U.S. real

estate mortgage investment conduit

income tax returns, automatic extension of filing time (TD 8703) 8,

18

26 CFR 1.6695–1(b), amended; 1.6695–

1T, removed; 301.6061–1, revised;

301.6061–1T, removed; returns,

statements, or other documents, signing methods (TD 8689) 3, 9

26 CFR 31.3402(f)(5)–1, amended;

31.3402(f)(5)–2T, removed; employment taxes and collection of

income taxes at source, Form W–4,

electronic filing (TD 8706) 9, 11

26 CFR 53.6011–1, amended;

53.6071–1T; return and time for

filing requirements (TD 8705) 8, 16

26 CFR 301.6103(n)–1, amended; return information disclosure; property or services for tax administration purposes, Justice Department

(TD 8695) 4, 5

26 CFR 301.6231(a)(7)–1T, removed;

301.6231(a)(7)–1, added; limited liability companies; tax matters partner selection (TD 8698) 7, 29

26 CFR 301.6335–1, amended; sale

of seized property (TD 8691) 5, 16

REIT preferred stock (Notice 21) 11, 9

Rulings:

Areas in which advance rulings will

not be issued:

Associate Chief Counsel (Domestic), Associate Chief Counsel

(Employee Benefits and Exempt

Organizations (RP 3) 1, 85; Associate Chief Counsel (International) (RP 7) 1, 185

1997–27

I.R.B.

45

July 7, 1997

INCOME TAX—Continued

INCOME TAX—Continued

INCOME TAX—Continued

Rulings—Continued

Determination letters, employee plans

(RP 6) 1, 153

Environmental cleanup costs; letter

rulings (Notice 7) 1, 8

Letter rulings, determination letter, information letter, Associate Chief

Counsel (Domestic), Associate

Chief Counsel (Employee Benefits

and Exempt Organizations), Associate Chief Counsel (Enforcement

Litigation), Associate Chief Counsel (International) (RP 1) 1, 11

Rulings and determination letters, issuance procedures (RP 4) 1, 97

Technical advice; employee plans, exempt organizations (RP 5) 1, 132

Rulings—Continued

Technical advice to district directors

and chiefs, appeals offices, Associate Chief Counsel (Domestic), Associate Chief Counsel (Employee

Benefits and Exempt Organizations), Associate Chief Counsel

(Enforcement Litigation), Associate

Chief Counsel (International) (RP

2) 1, 64

SBA guaranteed payment rights; participating securities (RR 3) 2, 5

Scenarios of disciplinary actions, 13, 32

S corporation bank accounting method

change (RP 18) 10, 53

S corporation subsidiaries (Notice 4) 2,

24

Small Business Corporations:

Accounting periods (Notice 3) 1, 8

Electing small business corporations

and banks (Notice 5) 2, 25

Special use value; farms; interest rates

(RR 13) 16, 4

Tax conventions:

Shipping and aircraft agreements

Malta, 17, 5

Tax-exempt bonds:

Private activity bonds (RP 13) 5, 18;

(RP 14) 5, 20; (RP 15) 5, 21

Tax forms and instructions:

Magnetic media/electronic filing program for Form 1040NR filers (RP

28) 23, 9

Taxpayer assistance orders (DO[Rev. 3])

25, 21

Timely filing or payment; private delivery services (RP 19) 10, 55; (Notice

26) 17, 6

TIN matching; backup withholding (RP

31) 26, 6

Transfers to foreign entities (Notice 18)

10, 35

July 7, 1997

46

1997–27

I.R.B.

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(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

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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