These synopses are intended only as aids to the reader in

Agency decision

Ask Donna

What actually matters in this document.

Text

Bulletin No. 1998–4

January 26, 1998

Internal Revenue

bulletin

HIGHLIGHTS

OF THIS ISSUE

These synopses are intended only as aids to the reader in

identifying the subject matter covered. They may not be

relied upon as authoritative interpretations.

INCOME TAX

ADMINISTRATIVE

Rev. Rul. 98–6, page 4.

Notice 98–8, page 6.

LIFO; price indexes; department stores. The November

1997 Bureau of Labor Statistics price indexes are accepted

for use by department stores employing the retail inventory

and last-in, first-out inventory methods for valuing inventories

for tax years ended on, or with reference to, November 30,

1997.

EMPLOYEE PLANS

REG–209463–82, page 27.

This proposed regulation contains amendments to

EE–113–82, 1987–2 C.B. 881, under section 401(a)(9) of

the Code that makes changes to the rules that apply if a

trust is named as a beneficiary of an employee’s retirement

benefit under a qualified plan.

Rev. Proc. 98–14, page 22.

Determination letters; Small Business Job Protection

Act. This procedure opens the determination letter program

for qualified plans that seek to comply with changes in the

qualification requirements made by the Uruguay Round

Agreements Act and the Taxpayer Relief Act of 1997, as well

as those changes in the qualification requirements made by

the Small Business Job Protection Act of 1996 that are effective before the first day of the first plan year beginning on

or after January 1, 1999.

Notice 98–9, page 8.

Weighted average interest rate update. Guidelines are

set forth for determining for January 1998, the weighted average interest rate and the resulting permissible range of interest rates used to calculate current liability for purposes of

the full funding limitation of section 412(c)(7) of the Code as

amended by the Omnibus Budget Reconciliation Act of 1987

and by the Uruguay Round Agreements Act (GATT).

EXEMPT ORGANIZATIONS

Announcement 98–4, page 31.

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

Finding Lists begin on page 34.

Department of the Treasury

Internal Revenue Service

Eligible deferred compensation plans under section

457. This notice provides guidance relating to the new statutory requirements applicable to eligible deferred compensation plans of state and local government and tax-exempt

employers under section 457 of the Code after the Small

Business Job Protection Act of 1996 and the Taxpayer Relief

Act of 1997.

Rev. Proc. 98–11, page 9.

Insurance companies; loss reserves; discounting unpaid losses. The loss payment patterns and discount factors are set forth for the 1997 accident year, which is a determination year. These factors will be used for computing

discounted unpaid losses under section 846 of the Code.

Rev. Proc. 98–12, page 18.

Insurance companies; discounting estimated salvage

recoverable. The salvage discount factors are set forth for

the 1997 accident year. These factors will be used for computing estimated salvage recoverable under section 832 of

the Code.

Rev. Proc. 98–13, page 21.

Section 646 election. This procedure provides the procedures and requirements for making the section 646 election

to treat certain revocable trusts as part of an estate.

Rev. Proc. 98–15, page 25.

Underpayment interest; interest expense deduction;

estates. Procedures are provided for estates of decedents

dying before January 1, 1998, to elect, under section

503(d)(2) of the Taxpayer Relief Act of 1997, to reduce the

rate of interest on estate taxes deferred under section 6166

of the Code and forgo the deduction for interest paid on the

deferred estate taxes under sections 2053 and 163(h) of

the Code.

Mission of the Service

ucts and services; and perform in a manner warranting

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

The purpose of the Internal Revenue Service is to collect

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

the public by continually improving the quality of our prod-

Statement of Principles

of Internal Revenue

Tax Administration

The Service also has the responsibility of applying and

administering the law in a reasonable, practical manner.

Issues should only be raised by examining officers when

they have merit, never arbitrarily or for trading purposes.

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

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

adopt a position inconsistent with an established Service

position.

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

is determined by Congress.

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

policy by correctly applying the laws enacted by Congress;

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

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

neither a government nor a taxpayer point of view.

Administration should be both reasonable and vigorous. It

should be conducted with as little delay as possible and

with great courtesy and considerateness. It should never

try to overreach, and should be reasonable within the

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

should be relentless in its attack on unreal tax devices and

fraud.

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

is the responsibility of each person in the Service, charged

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

meaning of the statutory provision and not to adopt a

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

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

2

Introduction

The Internal Revenue Bulletin is the authoritative instrument

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

and for publishing Treasury Decisions, Executive Orders, Tax

Conventions, legislation, court decisions, and other items of

general interest. It is published weekly and may be obtained

from the Superintendent of Documents on a subscription

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

on a single-copy basis.

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

are substantially the same.

The Bulletin is divided into four parts as follows:

Part I.—1986 Code.

This part includes rulings and decisions based on provisions

of the Internal Revenue Code of 1986.

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

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

modify, or amend any of those previously published in the

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

of internal practices and procedures that affect the rights

and duties of taxpayers are published.

Part II.—Treaties and Tax Legislation.

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

Tax Conventions, and Subpart B, Legislation and Related

Committee Reports.

Part III.—Administrative, Procedural, and Miscellaneous.

To the extent practicable, pertinent cross references to

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

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

Assistant Secretary (Enforcement).

Revenue rulings represent the conclusions of the Service on

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

revenue ruling. In those based on positions taken in rulings

to taxpayers or technical advice to Service field offices,

identifying details and information of a confidential nature

are deleted to prevent unwarranted invasions of privacy and

to comply with statutory requirements.

Part IV.—Items of General Interest.

With the exception of the Notice of Proposed Rulemaking

and the disbarment and suspension list included in this part,

none of these announcements are consolidated in the Cumulative Bulletins.

Rulings and procedures reported in the Bulletin do not have

the force and effect of Treasury Department Regulations,

but they may be used as precedents. Unpublished rulings

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

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

The first Bulletin for each month includes a cumulative index

for the matters published during the preceding months.

These monthly indexes are cumulated on a quarterly and

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

succeeding quarterly and semiannual period, respectively.

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

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

3

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

Section 163.—Interest

26 CFR 1.163–1: Interest deduction in general.

What procedures apply for estates of decedents

dying before January 1, 1998, to make an election

under § 503(d)(2) of the Taxpayer Relief Act of 1997

to reduce the rate of interest on estate taxes deferred

under § 6166 of the Code and forgo the deduction for

interest paid on the deferred estate taxes under

§§ 2053 and 163(h). See Rev. Proc. 98–15, page 25.

Section 401.—Qualified

Pension, Profit-Sharing and

Stock Bonus Plans

26 CFR 1.401(b)–1: Certain retroactive changes in

plans.

A remedial amendment period for changes in

plan qualification requirements made by the Taxpayer Relief Act of 1997 is provided. See Rev. Proc.

98–14, page 22.

Section 472.—Last-in, First-out

Inventories

26 CFR 1.472–1: Last-in, first-out inventories.

LIFO; price indexes; department

stores. The November 1997 Bureau of

Labor Statistics price indexes are accepted for use by department stores employing the retail inventory and last-in,

first-out inventory methods for valuing

inventories for tax years ended on, or with

reference to, November 30, 1997.

Rev. Rul. 98–6

The following Department Store Inventory Price Indexes for November 1997

were issued by the Bureau of Labor Statistics on December 16, 1997. The indexes are accepted by the Internal Revenue Service, under § 1.472–1(k) of the

Income Tax Regulations and Rev. Proc.

86–46, 1986–2 C.B. 739, for appropriate

application to inventories of department

stores employing the retail inventory and

last-in, first-out inventory methods for tax

years ended on, or with reference to, November 30, 1997.

The Department Store Inventory Price

Indexes are prepared on a national basis

and include (a) 23 major groups of departments, (b) three special combinations of

the major groups – soft goods, durable

goods, and miscellaneous goods, and (c) a

store total, which covers all departments,

including some not listed separately, except for the following: candy, foods,

liquor, tobacco, and contract departments.

BUREAU OF LABOR STATISTICS, DEPARTMENT STORE

INVENTORY PRICE INDEXES BY DEPARTMENT GROUPS

(January 1941 = 100, unless otherwise noted)

Nov.

1996

Nov.

1997

Percent Change

from Nov. 1996

to Nov. 19971

1. Piece Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55.9

2. Domestics and Draperie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 634.7

3. Women’s and Children’s Shoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 656.1

4. Men’s Shoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 903.7

5. Infants’ Wear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 614.8

6. Women’s Underwear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535.4

7. Women’s Hosiery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287.4

8. Women’s and Girls’ Accessories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 562.5

9. Women’s Outerwear and Girls’ Wear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415.9

10. Men’s Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633.0

11. Men’s Furnishings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 591.5

12. Boys’ Clothing and Furnishings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495.1

13. Jewelry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020.6

14. Notions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 740.7

15. Toilet Articles and Drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 903.4

16. Furniture and Bedding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667.8

17. Floor Coverings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585.6

18. Housewares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 804.5

19. Major Appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244.2

20. Radio and Television- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78.1

21. Recreation and Education2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111.3

22. Home Improvements2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130.6

23. Auto Accessories2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107.1

Groups 1 – 15: Soft Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 602.1

524.6

628.2

661.7

906.9

618.2

552.9

298.8

543.7

428.4

621.2

604.0

513.1

978.9

807.7

917.8

665.8

580.1

811.7

241.0

74.2

108.3

133.2

107.9

606.5

–5.6

–1.0

0.9

0.4

0.6

3.3

4.0

–3.3

3.0

–1.9

2.1

3.6

–4.1

9.0

1.6

–0.3

–0.9

0.9

–1.3

–5.0

–2.7

2.0

0.7

0.7

Groups

January 26, 1998

4

1998–4 I.R.B.

BUREAU OF LABOR STATISTICS, DEPARTMENT STORE

INVENTORY PRICE INDEXES BY DEPARTMENT GROUPS—Continued

(January 1941 = 100, unless otherwise noted)

Groups

Nov.

1996

Nov.

1997

Percent Change

from Nov. 1996

to Nov. 19971

Groups 16 – 20: Durable Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Groups 21 – 23: Misc. Goods2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Store Total3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

466.5

113.0

555.1

462.6

111.4

555.9

–0.8

–1.4

0.1

1Absence of a minus sign before percentage change in this column signifies price increase.

2Indexes on a January 1986=100 base.

3The store total index covers all departments, including some not listed separately, except for the following: candy, foods, liquor, to-

bacco, and contract departments.

DRAFTING INFORMATION

The principal author of this revenue

ruling is Stan Michaels of the Office of

Assistant Chief Counsel (Income Tax and

Accounting). For further information regarding this revenue ruling, contact Mr.

Michaels on (202) 622-4970 (not a tollfree call).

Section 646.—Election To Treat

Certain Revocable Trusts as

Part of an Estate

What are the procedures and requirements for

making the § 646 election to treat certain revocable

trusts as part of an estate? See Rev. Proc. 98–13,

page 21.

Section 832.—Insurance

Company Taxable Income

computing estimated salvage recoverable for purposes of section 832 of the Code. See Rev. Proc.

98–12, page 18.

Section 846.—Discounted

Unpaid Losses Defined

26 CFR 1.846–1: Application of discount factors.

The loss payment patterns and discount factors

are set forth for the 1997 accident year, which is a

determination year. These factors will be used for

computing discounted unpaid losses under section

846 of the Code. See Rev. Proc. 98–11, page 9.

The salvage discount factors are set forth for the

1997 accident year. These factors will be used for

computing estimated salvage recoverable for purposes of section 832. See Rev. Proc. 98–12, page 18.

Section 2053.—Expenses,

Indebtedness, and Taxes

26 CFR 1.832–4: Gross income.

26 CFR 20.2053–1: Expenses, indebtedness, and

taxes in general.

The salvage discount factors are set forth for the

1997 accident year. These factors will be used for

What procedures apply for estates of decedents

dying before January 1, 1998, to make an election

1998–4 I.R.B

5

under § 503(d)(2) of the Taxpayer Relief Act of

1997 to reduce the rate of interest on estate taxes deferred under § 6166 of the Code and forgo the deduction for interest paid on the deferred estate taxes

under §§ 2053 and 163(h). See Rev. Proc. 98–15,

page 25.

Section 6166.—Extension of

Time for Payment of Estate Tax

Where Estate Consists Largely

of Interest in Closely Held

Business

26 CFR 20.6166–1: Election of alternate extension

of time for payment of estate tax where estate

consists largely of interest in closely held

business.

What procedures apply for estates of decedents

dying before January 1, 1998, to make an election

under § 503(d)(2) of the Taxpayer Relief Act of

1997 to reduce the rate of interest on estate taxes deferred under § 6166 of the Code and forgo the deduction for interest paid on the deferred estate taxes

under §§ 2053 and 163(h). See Rev. Proc. 98–15,

page 25.

January 26, 1998

Part III. Administrative, Procedural, and Miscellaneous

Eligible Deferred Compensation

Plans Under Section 457

Notice 98–8

I. PURPOSE

This notice provides guidance relating

to the requirements applicable to eligible

deferred compensation plans described in

§ 457(b) of the Internal Revenue Code

(“§ 457(b) plans”). Section 457 was

amended by §§ 1447 and 1448 of the

Small Business Job Protection Act of

1996, Pub. L. 104–188 (“SBJPA”), and

more recently by § 1071 of the Taxpayer

Relief Act of 1997, Pub. L. 105–34

(“TRA ’97”). Unless indicated otherwise,

references to § 457 in this notice refer to

§ 457 as amended by the SBJPA and TRA

‘97.

Specifically, this notice provides guidance on—

• in-service distributions from a

§ 457(b) plan if the total amount payable

to the participant does not exceed $5,000;

• an additional election to defer commencement of distributions from a

§ 457(b) plan;

• cost of living adjustments to the

$7,500 limitation on maximum deferrals

under a § 457(b) plan; and

• the trust requirements applicable to

state and local government employers

maintaining a § 457(b) plan, including the

requirements for custodial accounts and

annuity contracts.

II. BACKGROUND

Section 457 provides rules for nonqualified deferred compensation plans established by state and local governments or

tax-exempt organizations. These employers can establish either § 457(b) plans or

ineligible plans under § 457(f) of the Internal Revenue Code (“Code”). Section

457 was amended by §§ 1447 and 1448 of

the SBJPA, as well as by § 1071 of TRA

’97. These amendments and the guidance

provided by this notice relate only to

§ 457(b) plans.

Section 1447 of the SBJPA amended

§ 457(e)(9) of the Code to permit, under

certain conditions, in-service distributions

from a § 457(b) plan if the total amount

January 26, 1998

payable to the participant does not exceed

$3,500. Under § 1071 of TRA ’97, this

$3,500 amount was increased to $5,000.

Section 1447 of the SBJPA also permits

an additional election by a participant to

defer commencement of distributions

under a § 457(b) plan. Further, § 1447 of

the SBJPA provides for the $7,500 maximum deferral amount, under §§ 457(b)(2)

and 457(c)(1), to be adjusted (in $500 increments) to reflect increases in the cost

of living.

Section 1448 of the SBJPA added new

§ 457(g) of the Code, which requires that

§ 457(b) plans maintained by state or local

government employers hold all plan assets

and income in trust, or in custodial accounts or annuity contracts (described in

§ 401(f) of the Code), for the exclusive benefit of their participants and beneficiaries.

III. IN-SERVICE DISTRIBUTIONS

OF SMALLER AMOUNTS

Section 457(e)(9)(A), as amended by

the SBJPA and TRA ’97, permits certain

in-service distributions from a § 457(b)

plan if the total amount payable to the

participant does not exceed a specified

dollar amount. This specified dollar

amount was changed from $3,500 to

$5,000 effective for plan years beginning

after August 5, 1997. Each participant

can be given only one such in-service distribution from the plan. This in-service

distribution is available only if no amount

has been deferred under the § 457(b) plan

for the participant during the 2-year period ending on the date of the distribution.

Under this provision, for plan years beginning after August 5, 1997, a § 457(b)

plan may provide for the total amount

payable to a participant with a balance of

$5,000 or less to be distributed to the participant if the participant so elects. Alternatively, the plan may provide for the

total amount payable to a participant with

a balance of $5,000 or less to be distributed automatically to the participant. A

§ 457(b) plan is permitted to substitute a

specified dollar amount that is less than

$5,000 under either of these alternatives.

In addition, these two alternatives can be

combined; for example, a plan could provide for automatic cashout for balances

up to $500 and allow participants to elect

6

a cashout for balances above $500 but not

above $5,000. A § 457(b) plan is not required to permit in-service distributions

under any of these alternatives.

IV. ADDITIONAL DEFERRAL

ELECTION

Under § 457(d)(1)(A), benefits under a

§ 457(b) plan generally may not be made

available to a participant before the participant separates from service with the

employer. In-service distributions are

permitted only if the participant has an

unforeseeable emergency or attains age

701⁄2, or if the in-service distribution provision described in section III of this notice applies.

Section 1.457–1(b) of the regulations

provides that amounts are not made available if a participant irrevocably elects,

prior to the time the amounts become

payable, to defer the payment to a fixed

and determinable future time. For this

purpose, the time at which amounts become payable (the “first permissible payout date”) is the earliest date on which a

plan permits payments to begin after separation from service (i.e., disregarding

payments to a participant who has an unforeseeable emergency or attains age 701⁄2,

or under the in-service distribution provision described in section III of this notice). Prior to the changes made by the

SBJPA, a participant could not change

this deferral election after the first permissible payout date.

Section 457(e)(9)(B), as amended by

the SBJPA, provides that the amount

payable to a participant under a § 457(b)

plan is not treated as made available

merely because the plan allows the participant to make an additional election, after

the first permissible payout date, to defer

the commencement of distributions so

long as this additional deferral election is

made before distributions begin (a

“§ 457(e)(9)(B) additional deferral election”). Only one § 457(e)(9)(B) additional deferral election can be made after

the end of the period in which the plan

permits a participant to make deferral

elections under § 457(d)(1)(A) and

§ 1.457–1(b) of the regulations.

A participant is not precluded from

making a § 457(e)(9)(B) additional deferral election merely because the participant

1998–4 I.R.B.

has previously received a hardship distribution under § 457(d)(1)(A) or has made

other deferral elections prior to separation

from service.

The § 457(e)(9)(B) additional deferral

election is not available if the participant

has separated from service and distributions have begun. The § 457(e)(9)(B) additional deferral election permits the participant to elect only to defer, and not to

accelerate, commencement of distributions under the plan.

The § 457(e)(9)(B) additional deferral

election provision is illustrated by the following examples:

Example (1). (i) Employee A is a participant in an

eligible § 457(b) plan. The plan provides that the total

amount deferred under the plan is payable to a participant who separates from service before age 65. Payment is made in a lump sum 90 days after separation

from service, unless, during a 30-day “window period” immediately following the separation, the participant elects to receive the payment at a later date or

in 10 annual installments to begin 90 days after separation from service or at a later date. The plan also

permits eligible participants to make a § 457(e)(9)(B)

additional deferral election. Employee A separates

from service at age 50. The next day, during the 30day window period provided in the plan, Employee A

elects to receive distribution in the form of 10 annual

installment payments beginning at age 55. Two

weeks later, within the 30-day window period, Employee A makes a new election permitted under the

plan to receive 10 annual installment payments beginning at age 60 (instead of at age 55).

(ii) In this example, the two elections Employee

A makes during the 30-day window period are not

§ 457(e)(9)(B) additional deferral elections (because

they are made before the first permissible payout

date under the plan) and therefore do not preclude

the plan from allowing Employee A to make a

§ 457(e)(9)(B) additional deferral election after Employee A’s election to receive 10 annual installment

payments beginning at age 60.

Example (2). (i) The facts are the same as in Example (1). Employee A has made no other deferral

elections after the 30-day window period and before

age 59. While age 59, Employee A elects to defer

commencement of the installment payments until

Employee A attains age 65.

(ii) In this example, under § 457(e)(9)(B), the

total amount payable to Employee A will not be

treated as made available merely because Employee

A made this additional election at age 59 (after the

first permissible payout date under the plan, but before commencement of distributions). However,

after making this election, Employee A may make

no further elections to change the date on which distributions commence.

V. COST OF LIVING

ADJUSTMENTS IN MAXIMUM

DEFERRAL AMOUNT

Sections 457(b)(2) and (c)(1) limit the

maximum deferrals under an eligible

1998–4 I.R.B

§ 457(b) plan during any taxable year to

$7,500. Section 457(e)(15) provides for

cost of living adjustments (in $500 increments) of this maximum deferral amount

at the same time and, generally, in the

same manner as adjustments are made to

the limitations for tax-qualified plans

under § 415(d). This change is effective

for taxable years beginning after December 31, 1996. The maximum deferral

amount for each year is announced before

the beginning of the year at the same time

as cost of living adjustments under

§ 415(d).

For 1997, the maximum deferral

amount remains at $7,500. For 1998, the

maximum deferral amount is $8,000.

VI. TRUST REQUIREMENTS

UNDER § 457(g)

Section 457(g) requires that all assets

and income of a § 457(b) plan maintained

by a state or local government employer

(“governmental § 457(b) plan”) be held in

trust, or in custodial accounts or annuity

contracts described in § 401(f), for the exclusive benefit of participants and beneficiaries. Section 457(g) applies generally

to assets and income held by a governmental § 457(b) plan on and after August

20, 1996. However, with respect to a governmental § 457(b) plan in existence on

August 20, 1996, a trust (or a custodial account or annuity contract) is not required

to be established before January 1, 1999.

Section 457(g) does not apply to a

§ 457(b) plan established by a tax-exempt

organization that is not a governmental

entity. Prior to the addition of § 457(g) to

the Code, all § 457(b) plans were subject

to § 457(b)(6), which mandates that a

§ 457(b) plan be unfunded and that plan

assets not be set aside for participants.

Section 457(b)(6) continues to apply to a

§ 457(b) plan of a tax-exempt employer.

To satisfy the trust requirement applicable to governmental § 457(b) plans

under § 457(g)(1), a trust must be established pursuant to a written agreement

that constitutes a valid trust under state

law. The terms of the trust must make it

impossible, prior to the satisfaction of all

liabilities with respect to plan participants

and their beneficiaries, for any part of the

assets and income of the trust to be used

for, or diverted to, purposes other than for

the exclusive benefit of plan participants

and their beneficiaries.

7

In order to satisfy the requirement that

all plan assets and income be held in trust,

amounts deferred under a governmental

§ 457(b) plan after a trust has been established must be transferred to the trust

within a period that is not longer than is

reasonable for the proper administration

of the accounts of participants. For purposes of this requirement, a governmental

§ 457(b) plan may provide for amounts

deferred for a participant under the plan to

be transferred to the trust within a specified period after the date the amounts

would otherwise have been paid to the

participant. For example, a governmental

§ 457(b) plan could provide for amounts

deferred under the plan to be contributed

to the trust within 15 business days following the month in which these amounts

would otherwise have been paid to the

participant.1

Unless all assets or income of a plan

are held in one or more trusts that satisfy

the requirements of this section VI (or in

custodial accounts or annuity contracts

that are treated as trusts under section VII

of this notice), the plan is not a § 457(b)

plan because the requirements of § 457(g)

are not met.

VII. CUSTODIAL ACCOUNTS AND

ANNUITY CONTRACTS UNDER

§ 457(g)(3) TREATED AS TRUSTS

Section 457(g)(3) provides that, for

purposes of the § 457(g)(1) trust requirements, custodial accounts and annuity

contracts described in § 401(f) will be

treated as trusts under rules similar to the

rules under § 401(f). Section 1.401(f)–

1(b) of the regulations contains requirements that a custodial account or an annuity contract must satisfy to be treated as a

trust. For purposes of applying the

§ 401(f) rules under § 457(g), the requirements under § 1.401(f)–1(b) of the regulations generally will be used to determine whether a custodial account or

annuity contract meets the requirements

of § 457(g)(3).

A custodial account will be treated as a

trust under § 457(g)(1) if the custodian is

1Cf. section 2510.3–102(b) of the Department of

Labor regulations concerning contributions to an

employee pension plan that is subject to the

Employee Retirement Income Security Act

(“ERISA”) (such as a plan qualifying under

§ 401(k) of the Code). A governmental § 457(b) plan

is not subject to ERISA, and, thus, is not subject to

the Department of Labor regulations.

January 26, 1998

a bank, as described in § 408(n), or a person who meets the nonbank trustee requirements of section VIII of this notice,

and the account meets the requirements of

section VI of this notice, other than the requirement that it be a trust.

An annuity contract will be treated as a

trust under § 457(g)(1) if the contract is

an annuity contract, as defined in

§ 401(g), that has been issued by an insurance company qualified to do business in

the state, and the contract meets the requirements of section VI of this notice,

other than the requirement that it be a

trust. An annuity contract does not include a life, health or accident, property,

casualty, or liability insurance contract.

The use of a custodial account or annuity contract as part of a governmental

§ 457(b) plan does not preclude the use of

a trust or another custodial account or annuity contract as part of the same governmental § 457(b) plan, provided that all

such vehicles satisfy the requirements of

§§ 457(g)(1) and (3) and all assets and income of the plan are held in such vehicles.

Unless all assets and income of a plan are

held in one or more trusts, custodial accounts, or annuity contracts that satisfy

section VI or VII of this notice, the plan is

not a governmental § 457(b) plan because

the requirements of § 457(g) are not met.

VIII. NONBANK CUSTODIANS

The custodian of a custodial account

may be a person other than a bank only if

the person demonstrates to the satisfaction

of the Commissioner that the manner in

which the person will administer the custodial account will be consistent with the

requirements of §§ 457(g)(1) and (g)(3).

To do so, the person must demonstrate that

the requirements of paragraphs (2)–(6) of

§ 1.408–2(e) of the regulations relating to

nonbank trustees will be met. The written

application must be sent to the address

prescribed by the Commissioner in revenue rulings, notices and other guidance

published in the Internal Revenue Bulletin

in the same manner as prescribed under

1.408–2(e) of the regulations.

To the extent that a person has already

demonstrated to the satisfaction of the

Commissioner that the person satisfies the

requirements of § 1.408–2(e) of the regulations in connection with a qualified trust

(or custodial account or annuity contract)

under § 401(a), that person will be

deemed to satisfy the requirements of this

section VIII.

IX. PAPERWORK REDUCTION

ACT

The collection of information requirement contained in this notice has been reviewed and approved by the Office of

Management and Budget (OMB) in accordance with the Paperwork Reduction

Act (44 U.S.C. 3507) under control number 1545–1580.

An agency may not conduct or sponsor,

and a person is not required to respond to,

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

OMB control number.

The collection of information in this

notice is pursuant to section 457(g) of the

Internal Revenue Code of 1986. This information is required to ensure compliance with the statutory requirements that

certain eligible deferred compensation

plans hold their assets in trust for the exclusive benefit of their participants and

beneficiaries. The collection of information is mandatory. The likely respondents

are state or local governments.

The estimated total reporting burden is

10,600 hours.

The estimated burden per respondent

varies from .033 hour to 2 hours per trust

established depending upon individual respondents’ circumstances, with an estimated average of one hour for each trust

established, and from 20 hours to 50 hours

per application for approval as a custodian

with an estimated average of 35 hours for

Month

Year

Weighted

Average

January

1998

6.77

January 26, 1998

8

each application submitted to qualify as a

custodian. The estimated number of respondents is 10,260 including 10 applications for approval as a custodian.

The estimated frequency of responses

is one-time only.

Books or records relating to a collection of information must be retained as

long as their contents may become material in the administration of any internal

revenue law. Generally tax returns and

tax return information are confidential, as

required by 26 U.S.C. 6103.

DRAFTING INFORMATION

The principal author of this notice is

Cheryl Press of the Office of the Associate Chief Counsel (Employee Benefits

and Exempt Organizations). However,

other personnel from the IRS and Treasury participated in its development. For

further information regarding this notice,

contact Cheryl Press at (202) 622-6030

(not a toll-free number).

Weighted Average Interest Rate

Update

Notice 98–9

Notice 88–73 provides guidelines for

determining the weighted average interest

rate and the resulting permissible range of

interest rates used to calculate current liability for the purpose of the full funding

limitation of § 412(c)(7) of the Internal

Revenue Code as amended by the Omnibus Budget Reconciliation Act of 1987

and as further amended by the Uruguay

Round Agreements Act, Pub. L. 103–465

(GATT).

The average yield on the 30-year Treasury Constant Maturities for December

1997 is 5.99 percent.

The following rates were determined

for the plan years beginning in the month

shown below.

90% to 106%

Permissible

Range

90% to 110%

Permissible

Range

6.09 to 7.17

6.09 to 7.44

1998–4 I.R.B.

Drafting Information

The principal author of this notice is

Donna Prestia of the Employee Plans Division. For further information regarding

this notice, call (202) 622-6076 between

2:30 and 3:30 p.m. Eastern time (not a

toll-free number). Ms. Prestia’s number

is (202) 622-7377 (also not a toll-free

number).

26 CFR 601.201: Rulings and determination

letters.

(Also Part I, §§ 846, 1.846–1.)

Rev. Proc. 98–11

SECTION 1. PURPOSE

This revenue procedure prescribes the

loss payment patterns and discount factors for the 1997 determination year.

These factors will be used for computing

discounted unpaid losses under § 846 of

the Internal Revenue Code.

SEC. 2. BACKGROUND

.01 Section 846 provides that discounted unpaid losses must be separately

determined for each accident year of each

line of business by applying an interest

rate determined under § 846(c) and the

appropriate loss payment pattern to the

amount of unpaid losses as measured at

the end of the tax year.

Section 846(d) directs the Secretary to

use the most recent aggregate loss payment data of property and casualty insurance companies to determine and publish

a loss payment pattern for each line of

business every five years. This payment

pattern is used to discount unpaid losses

for the accident year ending with a determination year and for each of the four

succeeding accident years.

Section 846(e) allows a taxpayer to

make an election in each determination

year to use its own historical payment pattern instead of the Secretary’s tables. This

election does not apply to any international insurance or reinsurance line of

business.

Section 846(f)(4) defines the term “line

of business” as a category for the reporting of loss payment patterns on the annual

statement for fire and casualty companies

1998–4 I.R.B

approved by the National Association of

Insurance Commissioners (NAIC), except

that the multiple peril lines shall be

treated as a single line of business. Section 846(f)(5) states that the term “multiple peril lines” means the lines of business relating to farmowners multiple

peril, homeowners multiple peril, commercial multiple peril, ocean marine, aircraft (all perils) and boiler and machinery.

.02 Pursuant to § 846(d), the Secretary

has determined a loss payment pattern for

each property and casualty line of business for the 1997 determination year that,

pursuant to § 846(d)(1), must be applied

through the 2001 accident year. The loss

payment patterns for the 1997 determination year are based on the aggregate industry loss payment experience as reported on the 1995 annual statements

filed by property and casualty insurance

companies and compiled by A.M. Best

and Co.

.03 The loss payment patterns for the

1997 determination year are based on the

aggregate loss payment information reported on the 1995 annual statements of

property and casualty insurance companies. The tables are now arranged in alphabetical order. Following is an additional explanation of some of the tables.

(1) NAIC changes in lines of business.

The NAIC has changed the reporting of

unpaid loss experience on the annual

statement for fire and casualty insurance

companies. These changes are reflected

in the lines of business set forth below.

(2) Treatment of Multiple Peril Lines.

Section 846(f)(4) defines the term “line of

business” and states that the multiple peril

lines are to be treated as a single line of

business. The term “multiple peril lines”

means lines of business relating to farmowners multiple peril, homeowners multiple peril, commercial multiple peril,

ocean marine, aircraft (all perils) and

boiler and machinery. On the 1990 annual

statement the multiple peril line was represented by the following three lines:

Homeowners/Farmowners; Commercial

Multiple Peril; and Special Liability

(Ocean Marine, Aircraft (all Perils), Boiler

and Machinery. On the 1995 annual statement, the multiple peril lines continue to

be represented by the same three lines.

Revenue Procedure 92–47, 1992–2

C.B. 980, prescribed the loss payment

9

patterns and discount factors for the 1992

determination year. In that revenue procedure, the loss payment patterns that

were used followed the changes made to

the 1990 annual statement, including reporting the multiple peril lines as three

separate lines of business. Subsequent

revenue procedures did the same. See

Rev. Proc. 93–29, 1993–2 C.B. 344, for

the 1993 accident year; Rev. Proc. 94–47,

1994–2 C.B. 688, for the 1994 accident

year; Rev. Proc. 95–40, 1995–2 C.B. 402,

for the 1995 accident year; and Rev. Proc.

96–44, 1996–2 C.B. 330, for the 1996 accident year.

Because § 846(f)(4) requires that the

multiple peril lines be treated as a single

line of business, the lines of business that

are shown on the 1995 annual statement

as Homeowners/Farmowners; Commercial Multiple Peril; and Special Liability

(Ocean Marine, Aircraft (all Perils),

Boiler and Machinery) are merged in this

revenue procedure as one multiple peril

line of business. The merged line is entitled “Multiple Peril Lines (Homeowners/Farmowners Multiple Peril, Commercial Multiple Peril, and Special Liability

(Ocean Marine, Aircraft (All Perils),

Boiler and Machinery)).”

(3) Factors to be used when tables indicate loss fully paid. In many situations,

losses are deemed fully paid under the

Secretary’s table prior to AY+14, and no

discount factor is shown for AY+14 and

earlier accident years. If taxpayers have

unpaid losses relating to an accident year

which is older than the last accident year

for which a discount factor is presented in

the Secretary’s table, those unpaid losses

should be discounted using the discount

factor for the last accident year in the Secretary’s table.

SEC. 3. SCOPE

This revenue procedure applies to any

taxpayer that is required to discount unpaid losses under section 846 for a line of

business using the discount factors published by Secretary.

SEC. 4. TABLES OF DISCOUNT

FACTORS

.01 The following tables present separately for each line of business the discount factors under section 846 of the

January 26, 1998

Code for accident year 1997. All the discount factors presented in this section

were determined using the applicable interest rate under § 846(c) for 1997, 6.33

percent, and by assuming all loss pay-

ments occur in the middle of the calendar

year.

.02 If the groupings of individual lines

of business on the annual statement

change, taxpayers must discount the un-

paid losses on the resulting line of business in accordance with the discounting

patterns that would have applied to those

unpaid losses based on their classification

on the 1995 annual statement.

.03 Tables

Accident and Health (Other Than Disability Income or Credit Disability Insurance)

The discount factor for all years equals 96.9777 percent.

Auto Physical Damage

Tax Year

AY+ 0

AY+ 1

AY+ 2

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

89.9430

99.3814

N/A

89.9430

9.4384

0.3093

10.0570

0.6186

0.3093

9.7006

0.5821

0.3000

96.4556

94.0911

96.9777

The discount factor for AY+3 and subsequent years equals 96.9777 percent.

Commercial Auto/Truck Liability/Medical

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

25.8075

49.8793

67.6592

79.7711

88.2132

93.1778

95.9623

97.0091

97.5719

98.2191

N/A

N/A

25.8075

24.0718

17.7799

12.1119

8.4421

4.9646

2.7845

1.0468

0.5628

0.6471

0.6471

0.6471

74.1925

50.1207

32.3408

20.2289

11.7868

6.8222

4.0377

2.9909

2.4281

1.7809

1.1338

0.4867

64.8956

44.1814

28.6441

17.9679

10.4001

5.9391

3.4438

2.5823

2.1654

1.6352

1.0715

0.4720

87.4691

88.1501

88.5696

88.8231

88.2353

87.0558

85.2909

86.3405

89.1841

91.8184

94.4995

96.9777

The discount factor for AY+12 and subsequent years equals 96.9777 percent.

January 26, 1998

10

1998–4 I.R.B.

Composite Discount Factors

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

AY+12

AY+13

AY+14

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

35.4611

59.1449

70.8220

81.9019

86.3688

90.0497

92.7488

93.8259

94.2415

94.8568

N/A

N/A

N/A

N/A

N/A

35.4611

23.6838

11.6771

11.0799

4.4669

3.6809

2.6991

1.0771

0.4156

0.6153

0.6153

0.6153

0.6153

0.6153

0.6153

64.5389

40.8551

29.1780

18.0981

13.6312

9.9503

7.2512

6.1741

5.7585

5.1432

4.5279

3.9125

3.2972

2.6819

2.0665

55.1671

34.2373

24.3635

14.4806

10.7911

7.6785

5.3813

4.6113

4.4747

4.1234

3.7499

3.3528

2.9305

2.4815

2.0041

85.4789

83.8018

83.4996

80.0114

79.1644

77.1686

74.2131

74.6881

77.7054

80.1725

82.8190

85.6937

88.8789

92.5291

96.9777

The discount factor for AY+15 and subsequent years equals 96.9777 percent.

Fidelity/Surety

Tax Year

AY+ 0

AY+ 1

AY+ 2

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

24.1540

59.0961

N/A

24.1540

34.9421

20.4520

75.8460

40.9039

20.4520

70.0818

38.4870

19.8339

92.4001

94.0911

96.9777

The discount factor for AY+3 and subsequent years equals 96.9777 percent.

Financial Guaranty/Mortgage Guaranty

Tax Year

AY+ 0

AY+ 1

AY+ 2

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

9.2513

50.5659

N/A

9.2513

41.3146

24.7171

90.7487

49.4341

24.7171

83.8101

46.5131

23.9700

92.3540

94.0911

96.9777

The discount factor for AY+3 and subsequent years equals 96.9777 percent.

1998–4 I.R.B

11

January 26, 1998

International (Composite)

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

AY+12

AY+13

AY+14

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

35.4611

59.1449

70.8220

81.9019

86.3688

90.0497

92.7488

93.8259

94.2415

94.8568

N/A

N/A

N/A

N/A

N/A

35.4611

23.6838

11.6771

11.0799

4.4669

3.6809

2.6991

1.0771

0.4156

0.6153

0.6153

0.6153

0.6153

0.6153

0.6153

64.5389

40.8551

29.1780

18.0981

13.6312

9.9503

7.2512

6.1741

5.7585

5.1432

4.5279

3.9125

3.2972

2.6819

2.0665

55.1671

34.2373

24.3635

14.4806

10.7911

7.6785

5.3813

4.6113

4.4747

4.1234

3.7499

3.3528

2.9305

2.4815

2.0041

85.4789

83.8018

83.4996

80.0114

79.1644

77.1686

74.2131

74.6881

77.7054

80.1725

82.8190

85.6937

88.8789

92.5291

96.9777

The discount factor for AY+15 and subsequent years equals 96.9777 percent.

Medical Malpractice — Claims-Made

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

6.3899

24.0011

42.6970

58.0610

69.6653

75.6033

81.8786

87.8539

89.5207

94.3025

N/A

6.3899

17.6112

18.6959

15.3640

11.6043

5.9380

6.2753

5.9753

1.6668

4.7818

4.7818

93.6101

75.9989

57.3030

41.9390

30.3347

24.3967

18.1214

12.1461

10.4793

5.6975

0.9157

76.7016

63.3967

48.1312

35.3351

25.6058

21.1036

15.9686

10.8179

9.7839

5.4724

0.8880

81.9372

83.4179

83.9942

84.2535

84.4110

86.5019

88.1202

89.0649

93.3644

96.0499

96.9777

The discount factor for AY+11 and subsequent years equals 96.9777 percent.

January 26, 1998

12

1998–4 I.R.B.

Medical Malpractice — Occurrence

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

2.1239

6.4831

15.5987

31.9062

45.0931

50.0751

60.9728

69.2138

72.8658

80.0005

N/A

N/A

2.1239

4.3592

9.1156

16.3075

13.1868

4.9821

10.8976

8.2411

3.6519

7.1347

7.1347

7.1347

97.8761

93.5169

84.4013

68.0938

54.9069

49.9249

39.0272

30.7862

27.1342

19.9995

12.8648

5.7300

71.3476

71.3689

66.4869

53.8797

43.6925

41.3209

32.6993

26.2712

24.1685

18.3412

12.1452

5.5569

72.8958

76.3165

78.7747

79.1257

79.5755

82.7662

83.7858

85.3345

89.0700

91.7085

94.4063

96.9777

The discount factor for AY+12 and subsequent years equals 96.9777 percent.

Miscellaneous Casualty

Tax Year

AY+ 0

AY+ 1

AY+ 2

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

77.6669

94.0673

N/A

77.6669

16.4004

2.9664

22.3331

5.9327

2.9664

21.1546

5.5822

2.8767

94.7229

94.0911

96.9777

The discount factor for AY+3 and subsequent years equals 96.9777 percent.

Multiple Peril Lines (Homeowners/Farmowners Multiple Peril, Commercial Multiple Peril, and Special Liability (Ocean

Marine, Aircraft (All Perils), Boiler and Machinery))

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

AY+12

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

55.9587

77.8939

84.0083

91.3188

92.1670

94.3838

96.4959

97.3670

98.0034

98.4059

N/A

N/A

N/A

55.9587

21.9352

6.1144

7.3105

0.8482

2.2168

2.1121

0.8712

0.6364

0.4025

0.4025

0.4025

0.4025

44.0413

22.1061

15.9917

8.6812

7.8330

5.6162

3.5041

2.6330

1.9966

1.5941

1.1916

0.7892

0.3867

39.0317

18.8836

13.7739

7.1075

6.6827

4.8199

2.9471

2.2354

1.7207

1.4146

1.0891

0.7430

0.3750

88.6251

85.4224

86.1318

81.8723

85.3156

85.8215

84.1041

84.8988

86.1793

88.7355

91.3925

94.1488

96.9777

The discount factor for AY+13 and subsequent years equals 96.9777 percent.

1998–4 I.R.B

13

January 26, 1998

Other (Including Credit)

Tax Year

AY+ 0

AY+ 1

AY+ 2

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

66.7418

89.2755

N/A

66.7418

22.5337

5.3622

33.2582

10.7245

5.3622

31.3428

10.0908

5.2002

94.2407

94.0911

96.9777

The discount factor for AY+3 and subsequent years equals 96.9777 percent.

Other Liability — Claims-Made

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

10.2440

29.3763

44.4111

67.8197

73.4753

78.8604

83.5027

84.0676

85.2129

90.5992

N/A

10.2440

19.1323

15.0349

23.4086

5.6555

5.3852

4.6422

0.5649

1.1453

5.3863

5.3863

89.7560

70.6237

55.5889

32.1803

26.5247

21.1396

16.4973

15.9324

14.7871

9.4008

4.0145

73.7178

58.6556

46.8651

25.6935

21.4881

17.2953

13.6032

13.8818

13.5795

8.8849

3.8932

82.1313

83.0537

84.3066

79.8425

81.0117

81.8150

82.4571

87.1292

91.8334

94.5123

96.9777

The discount factor for AY+11 and subsequent years equals 96.9777 percent.

Other Liability — Occurrence

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

AY+12

AY+13

AY+14

January 26, 1998

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

13.5751

26.3964

40.2725

55.4566

65.3309

74.0647

80.9090

84.3622

84.6163

86.7311

N/A

N/A

N/A

N/A

N/A

13.5751

12.8213

13.8761

15.1841

9.8742

8.7339

6.8442

3.4532

0.2542

2.1147

2.1147

2.1147

2.1147

2.1147

2.1147

86.4249

73.6036

59.7275

44.5434

34.6691

25.9353

19.0910

15.6378

15.3837

13.2689

11.1542

9.0395

6.9247

4.8100

2.6953

67.6678

58.7304

48.1394

35.5293

27.5964

20.3372

14.5670

11.9282

12.4212

11.0268

9.5442

7.9677

6.2914

4.5090

2.6138

78.2967

79.7927

80.5984

79.7634

79.5992

78.4151

76.3027

76.2781

80.7428

83.1026

85.5659

88.1435

90.8543

93.7427

96.9777

14

1998–4 I.R.B.

The discount factor for AY+15 and subsequent years equals 96.9777 percent.

Private Passenger Auto Liability/Medical

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

AY+12

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

37.9339

67.7044

81.5316

89.8898

94.6531

97.1265

98.4587

98.9811

99.2330

99.4067

N/A

N/A

N/A

37.9339

29.7705

13.8272

8.3583

4.7633

2.4734

1.3322

0.5224

0.2519

0.1737

0.1737

0.1737

0.1737

62.0661

32.2956

18.4684

10.1102

5.3469

2.8735

1.5413

1.0189

0.7670

0.5933

0.4196

0.2460

0.0723

56.2405

29.1023

16.6864

9.1239

4.7897

2.5424

1.3296

0.8751

0.6707

0.5341

0.3888

0.2344

0.0701

90.6139

90.1122

90.3507

90.2445

89.5789

88.4775

86.2663

85.8870

87.4508

90.0213

92.6584

95.2808

96.9777

The discount factor for AY+13 and subsequent years equals 96.9777 percent.

Products Liability — Claims-Made

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

AY+12

AY+13

AY+14

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

4.9750

15.1072

30.9560

38.2420

68.6101

78.5966

88.3971

93.2957

88.3815

89.6105

N/A

N/A

N/A

N/A

N/A

4.9750

10.1322

15.8488

7.2860

30.3681

9.9865

9.8005

4.8986

–4.9142

1.2290

1.2290

1.2290

1.2290

1.2290

1.2290

95.0250

84.8928

69.0440

61.7580

31.3899

21.4034

11.6029

6.7043

11.6185

10.3895

9.1604

7.9314

6.7024

5.4733

4.2443

75.3005

69.6191

57.6832

53.8215

25.9138

17.2565

8.2429

3.7135

9.0158

8.3192

7.5785

6.7908

5.9534

5.0629

4.1160

79.2428

82.0082

83.5456

87.1490

82.5548

80.6250

71.0419

55.3889

77.5989

80.0734

82.7304

85.6198

88.8249

92.5009

96.9777

The discount factor for AY+15 and subsequent years equals 96.9777 percent.

1998–4 I.R.B

15

January 26, 1998

Products Liability — Occurrence

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

AY+12

AY+13

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

9.0653

14.9035

29.2591

45.6462

57.5945

63.8634

75.2266

78.2679

78.1898

81.8722

N/A

N/A

N/A

N/A

9.0653

5.8382

14.3555

16.3871

11.9483

6.2689

11.3632

3.0413

–0.0781

3.6825

3.6825

3.6825

3.6825

3.6825

90.9347

85.0965

70.7409

54.3538

42.4055

36.1366

24.7734

21.7321

21.8102

18.1278

14.4453

10.7628

7.0803

3.3979

68.4900

66.8052

56.2311

42.8927

33.2872

28.9300

19.0439

17.1133

18.2771

15.6368

12.8294

9.8443

6.6702

3.2952

75.3178

78.5053

79.4888

78.9139

78.4972

80.0572

76.8723

78.7466

83.8007

86.2591

88.8138

91.4657

94.2072

96.9777

The discount factor for AY+14 and subsequent years equals 96.9777 percent.

Reinsurance A (Nonproportional Property)

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

AY+12

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

27.1668

68.7008

70.0362

87.5338

90.2132

91.3751

94.3845

93.3293

N/A

N/A

N/A

N/A

N/A

27.1668

41.5340

1.3354

17.4976

2.6794

1.1619

3.0095

–1.0552

1.0387

1.0387

1.0387

1.0387

1.0387

72.8332

31.2992

29.9638

12.4662

9.7868

8.6249

5.6155

6.6707

5.6320

4.5932

3.5545

2.5158

1.4771

64.5830

25.8427

26.1015

9.7109

7.5627

6.8433

4.1732

5.5255

4.8042

4.0372

3.2216

2.3545

1.4324

88.6725

82.5667

87.1103

77.8976

77.2743

79.3434

74.3169

82.8327

85.3021

87.8942

90.6354

93.5882

96.9777

The discount factor for AY+13 and subsequent years equals 96.9777 percent.

January 26, 1998

16

1998–4 I.R.B.

Reinsurance B (Nonproportional Liability)

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

AY+12

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

6.6962

22.3944

32.6486

50.2234

53.5839

55.6838

63.6144

66.4211

N/A

N/A

N/A

N/A

N/A

6.6962

15.6982

10.2542

17.5748

3.3605

2.0999

7.9306

2.8066

2.8066

2.8066

2.8066

2.8066

2.8066

93.3038

77.6056

67.3514

49.7766

46.4161

44.3162

36.3856

33.5789

30.7723

27.9656

25.1590

22.3524

19.5457

68.4343

56.5788

49.5864

34.6027

33.3279

33.2721

27.2005

26.0282

24.7817

23.4563

22.0469

20.5484

18.9550

73.3457

72.9055

73.6235

69.5161

71.8024

75.0790

74.7564

77.5135

80.5325

83.8753

87.6304

91.9294

96.9777

The discount factor for AY+13 and subsequent years equals 96.9777 percent.

Reinsurance C (Financial Lines)

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

11.4622

44.5791

63.9134

65.6185

79.9778

88.9152

91.2490

94.7645

N/A

11.4622

33.1169

19.3343

1.7051

14.3593

8.9374

2.3338

3.5155

3.5155

88.5378

55.4209

36.0866

34.3815

20.0222

11.0848

8.7510

5.2355

1.7200

76.8398

47.5547

30.6281

30.8086

17.9520

9.8725

8.0909

4.9780

1.6680

86.7875

85.8065

84.8740

89.6082

89.6607

89.0632

92.4566

95.0811

96.9777

The discount factor for AY+9 and subsequent years equals 96.9777 percent.

Special Property (Fire, Allied Lines, Inland Marine, Earthquake, Glass, Burglary and Theft)

Tax Year

AY+ 0

AY+ 1

AY+ 2

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

57.4895

90.5193

N/A

57.4895

33.0297

4.7404

42.5105

9.4807

4.7404

40.4210

8.9205

4.5971

95.0847

94.0911

96.9777

The discount factor for AY+3 and subsequent years equals 96.9777 percent.

1998–4 I.R.B

17

January 26, 1998

Workers’ Compensation

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

AY+12

AY+13

AY+14

Cumulative

Losses

Paid

(%)

Estimated

Losses Paid

Each Year

(%)

Unpaid

Losses at

Year End

(%)

Discounted

Unpaid

Losses at

Year End

(%)

Discount

Factor

(%)

23.6461

44.8166

57.9652

72.0542

80.5542

84.8876

87.1173

88.2647

88.5404

88.8062

N/A

N/A

N/A

N/A

N/A

23.6461

21.1705

13.1486

14.0889

8.5000

4.3334

2.2297

1.1473

0.2757

0.2658

0.2658

0.2658

0.2658

0.2658

0.2658

76.3539

55.1834

42.0348

27.9458

19.4458

15.1124

12.8827

11.7353

11.4596

11.1938

10.9279

10.6621

10.3963

10.1304

9.8646

62.1544

44.2585

33.5016

21.0943

13.6646

10.0611

8.3988

7.7473

7.9534

8.1828

8.4266

8.6859

8.9616

9.2548

9.5665

81.4030

80.2025

79.6998

75.4828

70.2704

66.5754

65.1946

66.0173

69.4041

73.1011

77.1108

81.4653

86.2002

91.3560

96.9777

The discount factor for AY+15 and subsequent years equals 96.9777 percent.

SEC. 5. EFFECTIVE DATE

This revenue procedure is effective for

taxable years beginning after December

31, 1996.

DRAFTING INFORMATION

The principal author of this revenue

procedure is Katherine A. Hossofsky of

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

procedure, contact Ms. Hossofsky on

(202) 622-3970 (not a toll-free call).

26 CFR 601.201: Rulings and determination letters.

(Also Part I, §§ 832, 846; 1.832–4, 1.846–1.)

that which cannot be treated as an asset

for state accounting purposes) be taken

into account in computing the deduction

for losses incurred. Under § 832(b)(5)(A), paid losses are to be reduced by

salvage and reinsurance recovered during

the taxable year. This amount is adjusted

to reflect changes in discounted unpaid

losses on nonlife insurance contracts and

in unpaid losses on life insurance contract. An adjustment is then made to reflect any changes in discounted estimated

salvage recoverable and in reinsurance recoverable.

Pursuant to § 832(b), the amount of estimated salvage is determined on a discounted basis in accordance with procedures established by the Secretary.

Rev. Proc. 98–12

SEC. 3. SCOPE

SECTION 1. PURPOSE

This revenue procedure applies to any

taxpayer that is required to discount estimated salvage recoverable under § 832.

This revenue procedure prescribes the

salvage discount factors for the 1997 accident year. These factors will be used for

computing discounted estimated salvage

recoverable under § 832 of the Internal

Revenue Code.

SEC. 2. BACKGROUND

Section 832(b)(5)(A) requires that all

estimated salvage recoverable (including

January 26, 1998

§ 846(c) for 1997, which is 6.33 percent,

and by assuming all estimated salvage is

recovered in the middle of each calendar

year. The discount factors for the 1997

accident year have been adjusted to take

into account changes in the groupings of

the lines of business on the annual statement. In addition, see Rev. Proc. 98–11,

page 9, for an explanation of the treatment of the multiple peril lines.

.02 These tables must be used by taxpayers irrespective of whether they

elected to discount unpaid losses using

their own historical experience under

§ 846.

.03 Tables.

Accident and Health (Other Than

Disability Income or Credit Disability

Insurance)

The discount factor for all years equals

96.9777 percent.

Auto Physical Damage

SEC. 4. APPLICATION

.01 The following tables present separately for each line of business the discount factors under § 832 for the 1997 accident year. All the discount factors

presented in this section were determined

using the applicable interest rate under

18

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

95.5498

94.0911

96.9777

1998–4 I.R.B.

The discount factor for AY+3 and subsequent years equals 96.9777 percent.

The discount factor for AY+3 and subsequent years equals 96.9777 percent.

The discount factor for AY+10 and subsequent years equals 96.9777 percent.

Commercial Auto/Truck Liability/

Medical

Financial Guaranty/Mortgage

Guaranty

Medical Malpractice — Occurrence

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

88.0553

87.1995

88.9446

88.2138

88.0377

90.4504

85.6730

91.3816

89.7918

92.4220

95.0477

96.9777

The discount factor for AY+12 and subsequent years equals 96.9777 percent.

Composite Discount Factors

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

AY+12

Discount

Factors

(%)

85.5529

83.9261

83.4985

83.3876

84.1370

84.7213

84.7741

84.8647

87.7469

90.3325

92.9868

95.6242

96.9777

The discount factor for AY+13 and subsequent years equals 96.9777 percent.

Fidelity/Surety

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

92.7512

94.0911

96.9777

1998–4 I.R.B

Discount

Factors

(%)

Tax Year

AY+ 0

AY+ 1

AY+ 2

94.6118

94.0911

96.9777

The discount factor for AY+3 and subsequent years equals 96.9777 percent.

International (Composite)

Discount

Factors

(%)

Tax Year

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

AY+12

85.5529

83.9261

83.4985

83.3876

84.1370

84.7213

84.7741

84.8647

87.7469

90.3325

92.9868

95.6242

96.9777

The discount factor for AY+13 and subsequent years equals 96.9777 percent.

Medical Malpractice — Claims-Made

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

69.7444

72.4408

70.9597

70.2975

73.8865

72.2143

82.0526

91.3471

96.2732

96.9777

19

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

63.4849

66.8754

71.4631

75.2927

72.0433

78.1594

83.1757

86.3387

90.8773

93.5843

96.3144

96.9777

The discount factor for AY+12 and subsequent years equals 96.9777 percent.

Miscellaneous Casualty

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

94.9505

94.0911

96.9777

The discount factor for AY+3 and subsequent years equals 96.9777 percent.

Multiple Peril Lines (Homeowners/

Farmowners Multiple Peril, Commercial Multiple Peril, and Special Liability (Ocean Marine, Aircraft (All Perils), Boiler and Machinery))

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

88.1442

87.0828

87.8621

87.5115

88.6539

90.1258

90.1198

89.0542

91.5003

94.2350

96.9777

January 26, 1998

The discount factor for AY+11 and subsequent years equals 96.9777 percent.

Private Passenger Auto Liability/Medical

Other (Including Credit)

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

91.4258

90.8687

89.9218

89.5302

89.0574

89.5204

88.2913

89.0287

89.7296

92.3587

94.9871

96.9777

Tax Year

AY+ 0

AY+ 1

AY+ 2

Discount

Factors

(%)

96.0160

94.0911

96.9777

The discount factor for AY+3 and subsequent years equals 96.9777 percent.

Other Liability — Claims-Made

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

77.1913

82.7511

81.7452

79.3754

82.4055

87.1445

85.6308

91.3857

93.5459

96.2673

96.9777

The discount factor for AY+11 and subsequent years equals 96.9777 percent.

Other Liability — Occurrence

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

78.1808

78.9149

81.3348

83.3371

84.6107

82.1372

86.2972

88.2925

92.4786

95.1025

96.9777

The discount factor for AY+12 and subsequent years equals 96.9777 percent.

Products Liability — Claims-Made

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

78.6232

80.6940

85.2594

85.1672

80.6815

87.8085

80.3554

87.9607

96.6992

96.9777

The discount factor for AY+10 and subsequent years equals 96.9777 percent.

Products Liability — Occurrence

The discount factor for AY+11 and subsequent years equals 96.9777 percent.

January 26, 1998

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

75.1149

77.7623

76.1078

77.4296

79.2166

78.5502

79.9464

71.9235

77.4789

20

AY+ 9

AY+10

AY+11

AY+12

AY+13

AY+14

79.9620

82.6312

85.5373

88.7650

92.4698

96.9777

The discount factor for AY+15 and subsequent years equals 96.9777 percent.

Reinsurance A (Nonproportional

Property)

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

86.2624

89.5106

92.2926

91.6380

78.5001

94.6795

93.2638

95.9330

96.9777

The discount factor for AY+9 and subsequent years equals 96.9777 percent.

Reinsurance B (Nonproportional

Liability)

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

AY+12

74.1864

76.4932

77.2282

76.6129

79.1554

74.1193

75.9021

83.5464

86.0047

88.5652

91.2350

94.0259

96.9777

The discount factor for AY+13 and subsequent years equals 96.9777 percent.

1998–4 I.R.B.

Reinsurance C (Financial Lines)

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

80.6765

83.1043

86.4423

92.4514

90.9915

92.9165

89.3489

96.8614

96.9777

SEC. 5. EFFECTIVE DATE

This revenue procedure is effective for

taxable years beginning after December

31, 1996.

DRAFTING INFORMATION

The principal author of this revenue

procedure is Katherine A. Hossofsky of

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

procedure, contact Ms. Hossofsky on

(202) 622-3970 (not a toll-free call).

The discount factor for AY+9 and subsequent years equals 96.9777 percent.

26 CFR 601.105: Examination of returns and

claims for refund, credit, or abatement;

determination of correct tax liability.

(Also Part I, § 646.)

Special Property (Fire, Allied Lines,

Inland Marine, Earthquake, Glass,

Burglary and Theft)

Rev. Proc. 98–13

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

92.0611

94.0911

96.9777

The discount factor for AY+3 and subsequent years equals 96.9777 percent.

Workers’ Compensation

Tax Year

Discount

Factors

(%)

AY+ 0

AY+ 1

AY+ 2

AY+ 3

AY+ 4

AY+ 5

AY+ 6

AY+ 7

AY+ 8

AY+ 9

AY+10

AY+11

78.0209

80.4915

82.4316

84.0275

84.1405

84.3058

85.5062

86.2679

88.7269

91.3845

94.1425

96.9777

The discount factor for AY+12 and subsequent years equals 96.9777 percent.

1998–4 I.R.B

SECTION 1. PURPOSE

Section 1305 of the Taxpayer Relief

Act of 1997, Pub. L. No. 105–34, 111

Stat. 788 (1997) (Act) added § 6461 to the

Internal Revenue Code, which provides

an election to have certain revocable

trusts be treated and taxed as part of an estate. This revenue procedure provides the

procedures and requirements for making

the § 646 election.

SECTION 2. BACKGROUND

Both estates and trusts can function to

settle the affairs of a decedent and distribute assets to heirs. In the case of a revocable inter vivos trust, the grantor transfers property to a trust that is revocable

during the grantor’s lifetime. When the

grantor dies, the power to revoke ceases

and the trustee performs the settlement

functions typically performed by an estate

executor. H.R. Conf. Rep. No. 220, 105th

Cong., 1st Sess. at 711 (1997).

Section 646(a) provides that if both the

executor (if any) of an estate and the

trustee of a qualified revocable trust elect

the treatment provided in § 646, such trust

1H.R. 2676, 105th Cong. § 612 (1997) would re-

designate § 646 as § 645. If the redesignation is enacted, all references in this revenue procedure to

§ 646 shall be deemed to be references to § 645.

21

shall be treated and taxed for income tax

purposes as part of such estate (and not as

a separate trust) for all taxable years of

the estate ending after the date of the

decedent’s death and before the applicable date, as defined in § 646(b)(2).

Section 646(b)(1) provides that the

term “qualified revocable trust” means

any trust (or portion thereof) that was

treated under § 676 as owned by the decedent by reason of a power in the decedent

to revoke (determined without regard to

§ 672(e)).

Section 646(b)(2) provides that the

term “applicable date” means—(A) if no

estate tax return is required to be filed, the

date that is 2 years after the date of the

decedent’s death, and (B) if an estate tax

return is required to be filed, the date that

is 6 months after the date of the final determination of the estate tax liability.

Section 646(c) provides that the election under § 646(a) shall be made not later

than the time prescribed for filing the income tax return for the first taxable year

of the estate (determined with regard to

extensions), and once made, shall be irrevocable.

SECTION 3. PROCEDURES AND

REQUIREMENTS FOR MAKING THE

§ 646 ELECTION

.01 Required Statement.

To make the election, a required statement must be attached to a Form 1041,

U.S. Income Tax Return for Estates and

Trusts, at the time and in the manner described in this revenue procedure. The required statement must:

(1) Identify the election as an election

made under § 646;

(2) Contain the name, address, date of

death, and taxpayer identification number

(TIN) of the decedent;

(3) Contain the qualified revocable

trust’s name, address, and TIN. If the

trust does not have a TIN because the

trust was reporting pursuant to § 1.671–

4(b)(2)(i)(A) of the Income Tax Regulations, the trustee must obtain a TIN unless

a Form 1041 does not have to be filed

under SECTION 3.03. See § 301.6109–

1(a)(2) of the Procedure and Administration Regulations;

(4) Contain the estate’s name, address,

and TIN;

January 26, 1998

(5) Provide a representation that as of

the date of the decedent’s death, the trust

for which the election is being made, or a

portion thereof, was treated under § 676

as owned by the decedent of the estate referred to in § 646(a) by reason of a power

in the decedent to revoke (determined

without regard to § 672(e)); and

(6) Be signed and dated by both an executor or administrator of the estate and a

trustee of the qualified revocable trust. If

there is more than one trustee, only one

must sign the required statement, unless

otherwise required by the governing instrument or by local law. Similarly, if

there is more than one executor, only one

must sign the required statement, unless

otherwise required by the governing instrument or by local law. If there is no

probate estate and, hence, no executor or

administrator, the election may still be

made. In that case, a TIN must still be obtained for the estate and only a trustee of

the qualified revocable trust must sign the

required statement; however, the required

statement must then include a representation that there is no executor or administrator and that neither an executor nor an

administrator will be appointed.

.02 Submission of the Required Statement.

The original required statement must

be attached to the Form 1041 filed for the

estate for its first taxable year. Additionally, except as provided in SECTION

3.03, a copy of the required statement

must be attached to a Form 1041 filed for

the trust for the taxable year ending after

the date of the decedent’s death. The

election is considered made when the

original required statement is attached to

the Form 1041 filed for the estate’s first

taxable year, or when a copy of the required statement is attached to the Form

1041 filed for the trust, whichever occurs

first. Once made, the election is effective

from the date of the decedent’s death.

If the election is made, then the items

of the trust, including income, deductions

and credits, that are attributable to the

qualified revocable trust for the period

subsequent to the decedent’s death must

be excluded from the Form 1041 filed for

the trust for the taxable year ending after

the date of the decedent’s death and must

be reported on the estate’s Form 1041. If

there is no executor or administrator and

neither one will be appointed, a trustee of

January 26, 1998

the qualified revocable trust must sign

every Form 1041 filed for the estate.

If a Form 1041 reporting the items of

the trust has already been filed for the

trust for its taxable year ending after the

date of the decedent’s death without a

copy of the required statement attached to

the form, then the trust must file an

amended Form 1041 and attach a copy of

the required statement to the amended

form. The items of the trust that are attributable to the qualified revocable trust

for the period subsequent to the decedent’s death must be excluded from the

amended Form 1041 and reported on the

estate’s Form 1041.

.03 A Form 1041 Does Not Have to be

Filed for Certain Trusts.

The trust does not have to file a Form

1041 for its taxable year ending after the

date of the decedent’s death if the following conditions are met: (1) The Form

1041 for the estate’s first taxable year is

filed before the due date for filing a Form

1041 for the trust for the taxable year ending after the date of the decedent’s death;

(2) The trust items attributable to the

decedent are reported pursuant to § 1.671–

4(b)(2)(i)(A) or (B); and (3) The entire

trust is a qualified revocable trust.

make the § 646 election. The likely respondents are trusts and estates.

The estimated total reporting burden is

5,000 hours.

The estimated average burden per respondent is .5 hours. The estimated number of respondents is 10,000.

The estimated frequency of responses

is twice.

Books or records relating to a collection of information must be retained as

long as their contents may become material in the administration of any internal

revenue law. Generally, tax returns and

tax return information are confidential, as

required by 26 U.S.C. 6103.

DRAFTING INFORMATION

The principal author of this revenue

procedure is Eliana Dolgoff of the Office

of Assistant Chief Counsel (Passthroughs

and Special Industries). For further information regarding this revenue procedure,

contact Eliana Dolgoff at (202) 622-3060

(not a toll-free call).

26 CFR 601.601: Rules and regulations.

(Also Part I, §§ 401; 1.401(b)–1.)

SECTION 4. EFFECTIVE DATE

Rev. Proc. 98–14

Section 646 applies with respect to estates of decedents dying after August 5,

1997, the date of enactment of the Act.

This revenue procedure applies to elections made after August 5, 1997.

SECTION 1. PURPOSE

SECTION 5. PAPERWORK

REDUCTION ACT

The collection of information contained in this revenue procedure has been

reviewed and approved by the Office of

Management and Budget in accordance

with the Paperwork Reduction Act (44

U.S.C. 3507) under control number

1545–1578.

An agency may not conduct or sponsor,

and a person is not required to respond to,

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

control number.

The collection of information in this

revenue procedure is in the section

headed Procedures and Requirements for

Making the § 646 Election. This information is required to be submitted in order to

22

.01 This revenue procedure opens the

Internal Revenue Service’s determination

letter program for qualified plans that

seek to comply with the changes in the

qualification requirements made by the

Uruguay Round Agreements Act, Pub. L.

103–465 (GATT), and the Taxpayer Relief Act of 1997, Pub. L. 105–34 (TRA

‘97), as well as those changes in the qualification requirements made by the Small

Business Job Protection Act of 1996, Pub.

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

and the Uniformed Services Employment

and Reemployment Rights Act of 1994,

Pub. L. 103–353 (USERRA)), that are effective before the first day of the first plan

year beginning on or after January 1,

1999. Beginning April 27, 1998, the Service will consider these changes when it

reviews applications for determination of

the tax-qualified status of pension, profitsharing and stock bonus plans and applications for opinion and notification letters

1998–4 I.R.B.

for pre-approved plans. This revenue procedure provides guidance to plan sponsors regarding this change in the Service’s

procedures.

.02 This revenue procedure also provides that the remedial amendment period

for amending plans for GATT and SBJPA,

which was described in Rev. Proc. 97–41,

1997–33 I.R.B. 51, will apply to plan

amendments that relate to TRA ‘97. In

addition, this revenue procedure extends

the remedial amendment period under

Rev. Proc. 97–41 for amending governmental plans to the extent the period

would otherwise end before the last day

of the last plan year beginning before January 1, 2001.

.03 Finally, this revenue procedure

clarifies that a plan will not satisfy any of

the nondiscrimination in amount safe harbors in the regulations under § 401(a)(4)

if the plan’s provisions reflecting the family aggregation requirements of § 414(q)(6) or § 401(a)(17)(A), as in effect prior to

their repeal by SBJPA, continue to apply.

SECTION 2. BACKGROUND

.01 GATT and SBJPA made a number

of changes to the plan qualification requirements. Many of these changes are

already in effect for most plans while

other changes do not take effect until plan

years beginning after December 31, 1998

or December 31, 1999. TRA ’97 also

made several changes to the qualification

requirements. The TRA ’97 changes are

generally effective for plan years beginning after December 31, 1997, but certain

changes are effective for plan years beginning after the date of enactment of

TRA ’97, August 5, 1997.

.02 In Rev. Proc. 97–41, the Service

provided a remedial amendment period

under § 401(b) with respect to certain

amendments for GATT and SBJPA. The

remedial amendment period generally

permits plan amendments to be made

retroactively effective if they are adopted

on or before the last day of the first plan

year beginning on or after January 1,

1999, and they relate to GATT and SBJPA

qualification changes that are effective

before the first day of that plan year. (In

the case of governmental plans, as defined in § 414(d), the plan amendment

deadline is the later of (i) the first day of

the first plan year beginning on or after

January 1, 2000, or (ii) the last day of the

1998–4 I.R.B

first plan year beginning on or after the

“1999 legislative date” (that is, the 90th

day after the opening of the first legislative session beginning on or after January

1, 1999, of the governing body with authority to amend the plan, if that body

does not meet continuously).) Those

amendments that are required to be made

to retain qualified status as a result of

GATT and SBJPA qualification changes

must be made retroactively effective as of

the date on which the qualification change

became effective with respect to the plan.

Operational compliance prior to actual

amendment is required if the qualification

change is effective before the first day of

the first plan year beginning on or after

January 1, 1998 (or January 1, 2000, in

the case of a governmental plan). Those

amendments that are not required but that

amend plan provisions that are integrally

related to SBJPA qualification changes

may be made retroactively effective as of

the first day on which the plan was operated in accordance with the amended plan

provision.

.03 Rev. Proc. 98–6, 1998–1 I.R.B.

183, contains the Service’s general procedures for employee plan determination

letter requests. Section 3.03 of Rev Proc.

98–6 states that until further notice is

given, determination letters, other than

those issued for terminating plans, will

not include consideration by the Service

of any amendments to the qualification

requirements made by TRA ’97 or by

GATT or SBJPA, except for § 1432 and

§ 1454 of SBJPA, which amended

§ 401(a)(26) and § 414(n), respectively.

.04 Section 1431(b)(1) of SBJPA repealed the family aggregation requirements of § 414(q)(6), effective for years

beginning after December 31, 1996. Section 1431(b)(2) of SBJPA also repealed

the family aggregation requirement that

formerly applied under § 401(a)(17)(A),

effective for years beginning after December 31, 1996. Prior to its repeal,

§ 414(q)(6) required the compensation

and benefits of certain family members of

a highly compensated employee who was

a 5-percent owner or among the ten highest paid employees of the employer to be

combined with the compensation and

benefits of the highly compensated employee. The resulting family unit was

treated as one employee for purposes of

applying the nondiscrimination require-

23

ments of § 401(a)(4) to a plan. Section

401(a)(17)(A) provided similar rules with

respect to the application of the limitation

on compensation that may be taken into

account under a qualified plan.

SECTION 3. PROGRAM OPENING

.01 Applications for determination,

opinion, notification, and advisory letters

involving § 401(a) or § 403(a) that are

filed with the Service on or after April 27,

1998 will be reviewed taking into account

the changes in the qualification requirements made by GATT and TRA ’97, as

well as those changes in the qualification

requirements made by SBJPA that are effective before the first day of the first plan

year beginning on or after January 1,

1999. However, except in the case of terminating plans, applications for determination letters involving master or prototype (M&P) and regional prototype plans

that have not yet been amended to comply

with the changes in the qualification requirements made by GATT, SBJPA, and

TRA ’97 will be reviewed without taking

these changes into account.

.02 Until further notice, the Service’s

review of applications for determination

and other letters will not consider changes

in the qualification requirements made by

SBJPA that are first effective in a plan

year beginning after December 31, 1998.

Thus, for example, the Service’s review

will not consider the § 401(k)(12) and

§ 401(m)(11) safe harbors described in

§ 1433(a) and (b) of SBJPA, which are effective for plan years beginning after December 31, 1998, or the repeal of § 415(e)

by § 1452(a) of SBJPA, which is effective

for limitation years beginning after December 31, 1999. Nevertheless, the review will take into account the changes to

§ 417(e) and § 415(b) made by § 767 of

GATT and § 1449 of SBJPA, even though

application of these changes may not be

required until the first plan (or limitation)

year beginning after December 31, 1999.

Although defined benefit plans that are

submitted for determination on or after

April 27, 1998 will be required to incorporate provisions that reflect the changes

to § 417(e) and § 415(b) made by GATT

and SBJPA, the application of such provisions may be deferred under the plan to

the extent permitted by § 417(e)(3)(B)

and § 767(d)(3) of GATT (as amended by

§ 1449(a) of SBJPA), respectively. Like-

January 26, 1998

wise, the vesting provisions of multiemployer plans submitted on or after April

27, 1998 will have to reflect the repeal of

§ 411(a)(2)(C) by § 1442 of SBJPA, although application of this change may be

deferred under the plan to the extent permitted by § 1442(c) of SBJPA.

.03 Except as provided below, favorable letters that are issued with respect to

applications for determination or other

letters filed on or after April 27, 1998 will

contain a statement to the effect that the

determination (or opinion) takes into account the requirements of GATT and

TRA ’97, as well as those requirements of

SBJPA that are effective before the first

day of the first plan year beginning on or

after January 1, 1999.

.04 The statement described in the preceding paragraph will not be included in

determination letters issued with respect

to applications filed on Form 6406, Short

Form Application for Determination for

Minor Amendment of Employee Benefit

Plan. The statement described in the preceding paragraph also will not be included in determination letters issued

with respect to applications filed by

adopters of M&P or regional prototype

plans on Form 5307, Application for Determination for Adopters of Master or

Prototype, Regional Prototype, or Volume

Submitter Plans, regardless of whether

the opinion or notification letter for the

plan contains such statement. The statement described in the preceding paragraph will be included in opinion and notification letters issued with respect to

applications filed on Form 4461–B, Application for Approval of Master or Prototype Plan, or Regional Prototype

Plan/Mass Submitter Adopting Sponsor,

only if a letter containing such a statement

has been issued with respect to the mass

submitter’s plan.

SECTION 4. REMEDIAL

AMENDMENT PERIOD FOR

CHANGES IN PLAN

QUALIFICATION REQUIREMENTS

MADE BY TRA ’97

.01 Section 1541 of TRA ’97 contains

provisions relating to plan amendments

that are adopted as a result of TRA ’97. If

§ 1541 applies to a plan amendment,

§ 1541(a) provides that the plan will be

treated as operated in accordance with its

terms and will not fail to satisfy the re-

January 26, 1998

quirements of § 411(d)(6) by reason of

the amendment. Section 1541 applies to a

plan amendment that is made pursuant to

a legislative change in the pension and

employee benefit provisions of TRA ’97,

provided the following conditions are satisfied. First, the plan amendment must be

adopted before the first day of the first

plan year beginning on or after January 1,

1999 (2001, in the case of a governmental

plan, as defined in § 414(d)). Second, the

plan must be operated in accordance with

the terms of the plan amendment beginning on the date the legislative change

takes effect, or, if the amendment is not

required by the legislative change, the effective date of the amendment specified

by the plan. Third, the plan amendment

must be made retroactively effective.

.02 Pursuant to the Commissioner’s

authority under § 1.401(b)–1, a plan provision is hereby designated as a disqualifying provision under § 1.401(b)–1(b) to

which the remedial amendment period described in section 6 of Rev. Proc. 97–41

applies if the provision causes a plan to

fail to satisfy the qualification requirements of the Code because of changes

made to those requirements by TRA ’97

or if the provision is integral to a qualification requirement changed by TRA ’97.

The operational compliance and retroactive amendment conditions described in

§ 1541(b)(2) of TRA ’97 must be satisfied

throughout such remedial amendment period with respect to any amendment of a

disqualifying provision described in the

preceding sentence.

.03 For example, § 1071 of TRA ’97

increased the amount of the accrued benefit subject to involuntary distribution

under § 411(a)(11) from $3,500 to $5,000,

effective for plan years beginning after

August 5, 1997. A plan provision that reflects the $3,500 limit under § 411(a)(11),

as in effect prior to TRA ’97, is integral to

a qualification requirement changed by

TRA ’97. Thus, for example, a plan that

contains the $3,500 limit may, for plan

qualification purposes, be operated during

the remedial amendment period in anticipation of a retroactive amendment reflecting the increase in the limit under § 1071

of TRA ’97, provided the amendment is

adopted on or before the last day of the remedial amendment period and is made

retroactively effective as of the beginning

of the remedial amendment period. In

24

this case, the plan provision containing

the $3,500 limit is integrally related to a

qualification requirement changed by

TRA ’97 but the plan provision would not

disqualify the plan as a result of the statutory change. Therefore, the remedial

amendment period begins on the date on

or after the first day of the first plan year

beginning after August 5, 1997, on which

the plan was first operated in anticipation

of the amendment increasing the limit to

$5,000. In the case of a nongovernmental

plan, the remedial amendment period

ends on the last day of the first plan year

beginning on or after January 1, 1999.

SECTION 5. REMEDIAL

AMENDMENT PERIOD FOR

GOVERNMENTAL PLANS

Pursuant to the Commissioner’s authority under § 1.401(b)–1, the remedial

amendment period described in section 6

of Rev. Proc. 97–41 with respect to governmental plans, as defined in § 414(d), is

hereby extended to the later of (i) the last

day of the last plan year beginning before

January 1, 2001, or (ii) the last day of the

first plan year beginning on or after the

“1999 legislative date.” Thus, the remedial amendment period for amending a

governmental plan for GATT, SBJPA, and

TRA ’97 will not end before the amendment deadline applicable to governmental

plans under § 1541 of TRA ’97.

SECTION 6. EFFECT OF REPEAL OF

FAMILY AGGREGATION ON

NONDISCRIMINATION SAFE

HARBORS

.01 The regulations under § 401(a)(4)

provide safe harbors that a plan may meet

to satisfy the requirement that either the

contributions or the benefits under the

plan be nondiscriminatory in amount.

See, for example, § 1.401(a)(4)–2(b) and

§ 1.401(a)(4)–3(b). The safe harbors generally are designed to ensure that a plan

that meets a safe harbor will automatically satisfy the nondiscrimination in

amount requirement if the plan is operated in accordance with its terms. In general, the safe harbors require a uniform allocation or benefit formula, although

formulas that provide lower allocations or

benefits for highly compensated employees are permitted.

.02 In section 6.09 of Rev. Proc. 97–

1998–4 I.R.B.

41, it was noted that in many cases plans

would remain qualified even though the

family aggregation rules of § 414(q)(6)

and § 401(a)(17)(A) continued to apply

under the plans subsequent to the repeal

of these rules. Nevertheless, the continued application of family aggregation will

cause a plan to fail to be a safe harbor

plan. This is because the application of

family aggregation may, in some circumstances, result in lower allocations or benefits for employees who are not highly

compensated.

.03 Thus, a plan will not satisfy a

nondiscrimination in amount safe harbor

for a plan year beginning after December

31, 1996, unless family aggregation is

disregarded in the operation of the plan

and the plan is amended within the remedial amendment period, retroactive to the

first day of such plan year, to eliminate its

family aggregation provisions. Therefore, in an application for a determination

letter (other than with respect to an M&P

or regional prototype plan) that is filed on

or after April 27, 1998, an employer may

not designate a plan as one that is intended to satisfy a nondiscrimination in

amount safe harbor if the family aggregation rules continue to apply under the

plan. Instead, the employer must either

demonstrate that the plan satisfies the

general test for nondiscrimination in

amount or request a letter that contains a

caveat regarding the nondiscrimination in

amount requirement.

SECTION 7. EFFECT ON OTHER

DOCUMENTS

Rev. Proc. 98–6 and Rev. Proc. 97–41

are modified.

SECTION 8. EFFECTIVE DATE

This revenue procedure is effective

January 26, 1998.

DRAFTING INFORMATION

The principal author of this revenue

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

contact the Employee Plans Division’s

telephone assistance service between the

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

Monday through Thursday, on (202) 6226074 (not a toll-free call). Mr. Flannery

1998–4 I.R.B

can be contacted by calling (202) 6226214 (also not a toll-free call).

26 CFR 301.6601–1: Interest on underpayments.

(Also Part I, §§ 163, 2053, 6166, 6601.)

Rev. Proc. 98–15

SECTION 1. PURPOSE

This revenue procedure provides procedures for estates of decedents dying before

January 1, 1998, to make an election

under § 503(d)(2) of the Taxpayer Relief

Act of 1997, Pub. L. No. 105–34, 111 Stat.

788 (the “Act”). This § 503(d)(2) election

allows an estate to reduce the rate of interest on estate taxes deferred under § 6166

of the Internal Revenue Code and forgo

the deduction for interest paid on the deferred estate taxes under §§ 2053 and

163(h).

SECTION 2. BACKGROUND

.01 Deferral of Estate Taxes.

(1) Section 6166 provides an election to extend the time for payment of estate tax where greater than 35 percent of

the value of the adjusted gross estate consists of one or more interests in a closely

held business. Only the estate of a decedent who, at the date of death, was a

United States citizen or resident is eligible

to make a § 6166 election.

(2) If an estate makes a § 6166 election, the estate tax may be paid in up to

ten installments, with the first payment of

tax due not more than five years after the

date prescribed for payment of the tax.

However, interest on the estate tax is not

deferred. Under § 6166(f), the interest

must be paid annually.

(3) Section 6601(a) imposes underpayment interest at the § 6621 underpayment rate, which for estates is the federal

short-term rate plus 3 percentage points.

However, § 6601(j), prior to its amendment by the Act, imposed a reduced interest rate of 4 percent on a portion (the “4percent portion”) of the estate tax

deferred under § 6166. The 4-percent

portion is the lesser of (i) $345,800 reduced by the amount of the credit allowable under § 2010(a) (prior to amendment

by § 501(a) of the Act), or (ii) the amount

of deferred estate tax. The 4 percent rate

25

continues to apply to estates of decedents

dying before January 1, 1998, (the effective date of § 503 of the Act) unless such

an estate properly makes the § 503(d)(2)

election in the manner discussed below.

.02 Changes Made by the Act

(1) Reduced interest rates.

(a) In general. Section 503(a)(1) of the Act amends § 6601(j) to provide

a 2-percent interest rate on the “2-percent

portion” (defined below) of deferred estate tax. The interest rate on deferred estate tax in excess of the 2-percent portion

is 45 percent of the underpayment rate determined under § 6621.

(b) 2-percent portion. Section

503(a)(2) of the Act provides that the 2percent portion is an amount of deferred

estate tax not exceeding the lesser of (i)

the tentative tax under § 2001(c) computed on $1,000,000 plus the § 2010(c)

(as amended by § 501(a) of the Act) applicable exclusion amount, reduced by the

§ 2010(c) applicable credit amount, or (ii)

the amount of the deferred estate tax.

(2) Elimination of interest deduction. Section 503(b) of the Act amends

§§ 163 and 2053 to eliminate both the income tax and the estate tax deductions for

interest paid on § 6166 deferred estate tax.

(3) Effective dates. Pursuant to

§ 503(d)(1) of the Act, the amendments

described in this section 2.02 generally

apply to estates of decedents dying after

December 31, 1997. However, § 503(d)(2) provides that any estate of a decedent

dying before January 1, 1998, that has

made a § 6166 election may elect to have

the reduced interest rates and nondeductibility amendments (but not the 2percent portion) contained in § 503 apply

to installments due after the effective date

of the election. The election must be

made before January 1, 1999, in a manner

prescribed by the Secretary and, once

made, is irrevocable.

SECTION 3. SCOPE

This revenue procedure applies to estates of decedents dying before January 1,

1998, that properly elect under § 6166 to

defer payment of estate taxes, and that

wish to elect to apply the new reduced interest rates of § 6601(j), as amended, and

forgo the estate tax and income tax deductions for interest paid on deferred estate

tax. The new rates and the nondeductibil-

January 26, 1998

ity provision apply automatically in the

case of estates of decedents dying after

December 31, 1997.

SECTION 4. PROCEDURE

.01 Making a § 503(d)(2) Election.

After August 5, 1997, but before January

1, 1999, an estate may make a § 503(d)(2)

election by writing a letter to the Service

Center where the next installment of estate tax or interest is due. If an estate of a

decedent dying before January 1, 1998,

has not filed an estate tax return as of January 26, 1998, the letter may be attached

to the estate tax return. No § 503(d)(2)

election may be made before a § 6166

election is made. The letter must include

the following information:

(1) the decedent’s name;

(2) the estate’s EIN;

(3) a statement that the letter is an election under § 503(d)(2) of the Taxpayer

Relief Act of 1997; and

(4) the due date of the installment of estate tax or interest for which the election

is to be effective.

The letter must be signed and dated by the

executor. Once made, the § 503(d)(2)

election cannot be modified or revoked.

.02 Effective Date of the § 503(d)(2)

Election. Generally, a § 503(d)(2) election is effective beginning with the first

January 26, 1998

installment of estate tax or interest due on

or after the date the election is filed with

the appropriate Service Center. However,

a § 503(d)(2) election made by April 27,

1998, will be effective beginning with any

installment, designated by the executor,

due after August 5, 1997, and on or before

April 27, 1998. Any assessment that was

proper when made, but that becomes excessive as a result of the election, will be

abated. Future installments due will be

calculated and any overpayment of an installment of either tax or interest will be

applied to the next installment in accordance with § 6403.

SECTION 5. PAPERWORK

REDUCTION ACT

The collections of information contained

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

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

under control number 1545–1585.

An agency may not conduct or sponsor,

and a person is not required to respond to,

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

OMB control number.

The collections of information in this

revenue procedure are contained in SECTION 4 of this revenue procedure. This

26

information is required to verify that estates are electing under § 503(d)(2) of the

Taxpayer Relief Act of 1997 to apply the

reduced interest rates of § 6601(j), as

amended, to deferred estate taxes. The

likely respondents are estates.

The estimated total annual recordkeeping burden will be 3,300 hours.

The estimated annual burden per respondent will vary from 15 minutes to 45

minutes, depending on individual circumstances, with an estimated average of 30

minutes.

The estimated number of respondents

is 6,600.

Books or records relating to a collection of information must be retained as

long as their contents may become material in the administration of any internal

revenue law. Generally, tax returns and

tax return information are confidential, as

required by 26 U.S.C. 6103.

DRAFTING INFORMATION

The principal author of this revenue

procedure is Brendan P. O’Hara of the Office of Assistant Chief Counsel (Income

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

contact Brendan P. O’Hara at (202) 6224910 (not a toll-free call).

1998–4 I.R.B.

Part IV. Items of General Interest

Notice of Proposed Rulemaking

SUPPLEMENTARY INFORMATION:

Required Distributions From

Qualified Plans and Individual

Retirement Plans

Paperwork Reduction Act

REG–209463–82

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document contains

amendments to the existing proposed regulations under section 401(a)(9) that

make changes to the rules that apply if a

trust is named as a beneficiary of an employee’s benefit under a retirement plan.

These proposed regulations will affect administrators of, participants in, and beneficiaries of qualified plans, institutions

which sponsor and individuals who administer individual retirement plans, individuals who use individual retirement

plans, simplified employee pensions and

SIMPLE Savings Plans for retirement income and beneficiaries of individual retirement plans; and employees for whom

amounts are contributed to section 403(b)

annuity contracts, custodial accounts, or

retirement income accounts and beneficiaries of such contracts and accounts.

DATES: Written comments and requests

for a public hearing must be received by

March 30, 1998.

ADDRESSES: Send submissions to

CC:DOM:CORP:R (REG–209463–82),

room 5226, Internal Revenue Service,

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

hand delivered between the hours of 8

a.m. and 5 p.m. to CC:DOM:CORP:R

(REG–209463–82), Courier’s Desk, Internal Revenue Service, 1111 Constitution

Avenue NW, Washington, DC. Alternatively, taxpayers may submit comments

electronically via the Internet by selecting

the “Tax Regs” option on the IRS Home

Page, or by submitting comments directly

to the IRS Internet site at http://www.irs.

ustreas.gov/prod/tax_regs/comments.html

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

(not a toll-free number).

1998–4 I.R.B

The collection of information contained in this notice of proposed rulemaking has been submitted to the Office of

Management and Budget for review in accordance with the Paperwork Reduction

Act of 1995 (44 U.S.C. 3507(d)). Comments on the collection of information

should be sent to the Office of Management and Budget, Attn: Desk Officer for

the Department of the Treasury, Office of

Information and Regulatory Affairs,

Washington, DC 20503, with copies to

the Internal Revenue Service, Attn: IRS

Reports Clearance Officer, T:FP, Washington, DC 20224. Comments on the collection of information should be received

by March 2, 1998. Comments are specifically requested concerning:

Whether the proposed collection of information is necessary for the proper performance of the functions of the Internal

Revenue Service, including whether the

information will have practical utility;

The accuracy of the estimated burden

associated with the proposed collection of

information (see below);

How the quality, utility, and clarity of

the information to be collected may be enhanced;

How the burden of complying with the

proposed collection of information may

be minimized, including through the application of automated collection techniques or other forms of information technology; and

Estimates of capital or start-up costs and

costs of operation, maintenance, and purchase of services to provide information.

The collection of information in this

proposed regulation is in Question and

Answer D–7 of §1.401(a)(9)–1. This information is required for a taxpayer who

wants to name a trust and treat the underlying beneficiaries of the trust as designated beneficiaries of the taxpayer’s benefit under a retirement plan or an

individual retirement plan (“IRA”). The

taxpayer must provide a copy of the trust

instrument or IRA trustee, custodian, or

issuer, or provide a list of all the beneficiaries of the trust, certify that, to the best

of the taxpayer’s knowledge, this list is

correct and complete, and agree to pro-

27

vide a copy of the trust instrument upon

demand. In addition, other related requirements for the beneficiaries of the

trust to be treated as designated beneficiaries must be satisfied. If the trust instrument is amended at any time in the future,

the taxpayer must, within a reasonable

time, provide a copy of each such amendment, or provide corrected certifications

to the extent that the amendment changes

the information previously certified. In

addition, by the end of the ninth month

after the death of the taxpayer, the trustee

of the trust must provide a copy of the

trust to the plan administrator or IRA

trustee, custodian, or issuer, or provide a

list of all the beneficiaries of the trust,

certify that, to the best of the taxpayer’s

knowledge, this list is correct and complete, and agrees to provide a copy of the

trust instrument upon demand. The collection of information is required to obtain a benefit. The likely respondents are

individuals or households.

Estimated total annual reporting hours

is 333 hours.

The estimated average burden per respondent is 20 minutes.

The estimated total number of respondents is 1,000.

An agency may not conduct or sponsor,

and a person is not required to respond to,

a collection of information unless it displays a valid control number assigned by

the Office of Management and Budget.

Books or records relating to a collection of information must be retained as

long as their contents may become

material in the administration of any internal revenue law. Generally, tax returns

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

Background

On July 27, 1987, Proposed Regulations (EE–113–82 [1987–2 C.B. 881])

under sections 401(a)(9), 403(b), 408, and

4974 of the Internal Revenue Code of

1986 were published in the Federal Register (52 FR 28070) Those proposed regulations provide guidance for complying

with the rules relating to required distributions from qualified plans, individual retirement plans, and section 403(b) annuity

contracts, custodial accounts, and retirement income accounts. This document

January 26, 1998

contains amendments to proposed

§ 1.401(a)(9)–1 (hereinafter referred to

as the Existing Proposed Regulations)

that was included in EE–113–82. Specifically this document contains amendments

to Q&As D–5 and Q&A D–6 of the Existing Proposed Regulations which prescribe

specific requirements that must be met

when a trust is named as a beneficiary of

an employee’s benefit under a plan, and

adds a new Q&A D–7 to the Existing Proposed Regulations. Proposed § § 1.408–8

and 1.403(b)–2 (also included in

EE–113–82) provide that the provisions

of proposed § 1.401(a)(9)–1 generally

apply to individual retirement plans, and

section 403(b) annuity contracts, custodial accounts, and retirement income accounts. Accordingly, these amendments

and additions also generally apply to such

plans, contracts, and accounts.

The amendments and additions to the

Existing Proposed Regulations in these

proposed regulations are issued in response to comments and questions received regarding the Existing Proposed

Regulations with respect to section

401(a)(9). Treasury and the IRS continue

to welcome additional comments concerning the Existing Proposed Regulations and

the other sections of EE–113–82.

As in the case of the Existing Proposed

Regulations and the other sections of EE–

113–82, taxpayers may rely on these proposed regulations for guidance pending

the issuance of final regulations. If, and to

the extent, future guidance is more restrictive than the guidance in these proposed regulations, the future guidance

will be applied without retroactive effect.

Explanation of provisions

Overview

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

order for a plan to be qualified under section 401(a), distributions of each employee’s interest in the plan must commence no later than the “required

beginning date” for the employee and

must be distributed over a period not to

exceed the joint lives or joint life expectancy of the employee and the employee’s designated beneficiary. Section

401(a)(9)(B) provides that if distribution

does not commence prior to death in accordance with section 401(a)(9)(A), distributions of the employee’s interest must

January 26, 1998

be made within 5 years of the employee’s

death or, generally, commence within one

year of the employee’s death and be made

over the life or life expectancy of the designated beneficiary.

Section 401(a)(9)(E) defines the term

“designated beneficiary” as an individual

designated as a beneficiary by the employee. The Existing Proposed Regulations provide that, for purposes of section

401(a)(9), only individuals may be designated beneficiaries. A beneficiary who is

not an individual, such as the employee’s

estate, may not be a designated beneficiary for purposes of determining the

minimum required distribution, but nevertheless may be designated as the employee’s beneficiary under the plan. If a

beneficiary who is not an individual is

designated to receive an employee’s benefit after death, the employee is treated as

having no designated beneficiary when

determining the required minimum distribution. In that case, under section

401(a)(9), distributions commencing before death must be made over the employee’s single life or life expectancy and

distributions commencing after death

must be made within 5 years of the employee’s death.

However, the Existing Proposed Regulations provide that if a trust is named as a

beneficiary of an employee’s benefit under

the plan, the underlying beneficiaries of

the trust may be treated as designated beneficiaries for purposes of section 401(a)(9)

if certain requirements are satisfied. In response to comments, these proposed regulations modify these trust beneficiary requirements as explained below by:

• Permitting the designated beneficiary

of a revocable trust to be treated as the

designated beneficiary for purposes of determining the minimum distribution under

section 401(a)(9), provided that the trust

becomes irrevocable upon the death of the

employee.

• Providing relief from the requirement

that the plan be provided with a copy of

the trust document if certain certification

requirements are met.

Irrevocability of trust

The Existing Proposed Regulations

generally provide that a trust must be irrevocable as of the employee’s required

beginning date in order for the beneficiaries of the trust to be treated as designated

28

beneficiaries under the plan for purposes

of determining the distribution period

under section 401(a)(9)(A). Commentators have indicated that most trusts established for estate planning purposes and

designated as the beneficiary of an employee’s plan benefits are revocable instruments prior to the death of the employee. In response to those comments,

these proposed regulations provide that a

trust named as beneficiary of an employee’s interest in a retirement plan be

permitted to be revocable while the employee is alive, provided that it becomes

irrevocable, by its terms, upon the death

of the employee. The requirements in the

Existing Proposed Regulations that the

trust be valid under state law (or would be

but for the fact that there is no corpus) and

that the beneficiaries be identifiable from

the trust instrument are retained.

Information to Plan Administrator

In order to permit the plan administrator to substantiate that the requirements

for treating the beneficiaries of the trust as

designated beneficiaries under the plan

are satisfied, the Existing Proposed Regulations require that a copy of the trust instrument be provided to the plan administrator by the earlier of the required

beginning date or the date of the employee’s death. In response to comments,

this proposed regulation permits an alternative method of substantiation.

As under the Existing Proposed Regulations, a copy of the trust instrument may

be provided to the plan administrator.

However, because the trust need not be irrevocable, under this method, the employee must also agree that if the trust instrument is amended at any time in the

future, the employee will, within a reasonable time, provide a copy of each such

amendment.

Alternatively, the employee may provide a list of all of the beneficiaries of the

trust (including contingent beneficiaries)

with a description of the portion to which

they are entitled and any conditions on

their entitlement, and certify that, to the

best of the employee’s knowledge, this

list is correct and complete and that the

other requirements for the beneficiaries of

the trust to be treated as designated beneficiaries are satisfied. Under the second

method, the employee must also agree to

provide corrected certifications to the ex-

1998–4 I.R.B.

tent that the amendment changes the information previously certified. Finally,

the employee must agree to provide a

copy of the trust instrument to the plan

administrator upon demand.

In addition, these proposed regulations

provide that, if the minimum required distributions after death are determined by

treating the beneficiaries of the trust as

designated beneficiaries, a final certification as to the beneficiaries of the trust instrument must be provided to the plan administrator by the end of the ninth month

after the death of the employee. This rule

applies even if a copy of the trust instrument were provided to the plan administrator before the employee’s death. Alternatively, an updated trust instrument may

be provided.

The proposed regulations also provide

that a plan will not fail to satisfy section

401(a)(9) merely because the terms of the

actual trust instrument are inconsistent

with the information in the certifications

or trust instruments previously provided

to the plan administrator if the plan administrator reasonably relies on the information provided in the certifications or

trust instruments. However, the minimum required distributions for years after

the year in which the discrepancy is discovered must be determined based on the

actual terms of the trust instrument. For

those years, the minimum required distribution will be determined by treating the

beneficiaries of the employee as having

been changed in the year in which the

year the discrepancy was discovered to

conform to the corrected information and

by applying the change in beneficiary

provisions found under the Existing Proposed Regulations. However, for purposes of determining the amount of the

excise tax under section 4974 (including

application of a waiver, if any, for reasonable error under section 4974), the minimum required distribution is determined

for any year based on the actual terms of

the trust in effect during the year.

Special Analyses

It has been determined that this notice

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

12866. Therefore, a regulatory assessment is not required. It also has been de-

1998–4 I.R.B

termined that section 553(b) of the Administrative Procedure Act (5 U.S.C.

chapter 5) does not apply to these regulations. Moreover, it hereby certified that

the regulations in this document will not

have a significant economic impact on a

substantial number of small entities. This

certification is based on the fact that the

reporting burden is primarily on the plan

participant to supply the information

rather than on the entity maintaining the

retirement plan and the fact that the number of participants per plan to whom the

burden applies is insignificant. Accordingly, a regulatory flexibility analysis

under the Regulatory Flexibility Act (5

U.S.C. chapter 6) is not required. Pursuant to section 7805(f) of the Internal

Revenue Code, this notice of proposed

rulemaking will be submitted to the Chief

Counsel for Advocacy of the Small Business Administration for comment on its

impact on small business.

Comments and Requests for a Public

Hearing

Before these proposed regulations are

adopted as final regulations, consideration will be given to any written comments (preferably a signed original and

eight (8) copies) or comments transmitted

via Internet that are submitted timely to

the IRS. All comments will be available

for public inspection and copying.

A public hearing may be scheduled if

requested in writing by a person that

timely submits written comments. If a

public hearing is scheduled, notice of the

date, time, and place for the hearing will

be published in the Federal Register.

Drafting Information

The principal author of these regulations is Cheryl Press, Office of the Associate Chief Counsel (Employee Benefits

and Exempt Organizations), IRS. However, other personnel from the IRS and

Treasury Department participated in their

development.

* * * * *

Amendments to the Previously Proposed

Regulations

Accordingly, 26 CFR part 1 is proposed to be amended as follows:

29

PART 1—INCOME TAXES

Paragraph 1. The authority citation for

part 1 continues to read in part as follows:

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

Par. 2. Section 1.401(a)(9)–1, as proposed to be added at 52 FR 28075, July

27, 1987, is amended by:

1. Revising Q&A D–5

2. Revising Q&A D–6.

3. Adding Q&A D–7

The additions and revisions read as follows:

§ 1.401(a)(9)–1 Required distributions

from trust and plans.

*

*

*

*

*

D. Determination of the Designated

Beneficiary.

*

*

*

*

*

D–5. Q. If a trust is named as a beneficiary of an employee, will the beneficiaries of the trust with respect to the trust’s

interest in the employee’s benefit be

treated as having been designated as beneficiaries of the employee under the plan

for purposes of determining the distribution period under section 401(a)(9)(A)(ii)?

A. (a) Pursuant to D–2A of this section, only an individual may be a designated beneficiary for purposes of determining the distribution period under

section 401(a)(9)(A)(ii). Consequently, a

trust itself may not be the designated beneficiary even though the trust is named as

a beneficiary. However, if the requirements of paragraph (b) of this D–5 are

met, distributions made to the trust will be

treated as paid to the beneficiaries of the

trust with respect to the trust’s interest in

the employee’s benefit, and the beneficiaries of the trust will be treated as having

been designated as beneficiaries of the

employee under the plan for purposes of

determining the distribution period under

section 401(a)(9)(A)(ii). If, as of any date

on or after the employee’s required beginning date, a trust is named as a beneficiary of the employee and the requirements in paragraph (b) of this D–5A are

not met, the employee will be treated as

not having a designated beneficiary under

the plan for purposes of section

401(a)(9)(A)(ii). Consequently, for cal-

January 26, 1998

endar years beginning after that date, distribution must be made over the employee’s life (or over the period which

would have been the employee’s remaining life expectancy determined as if no

beneficiary had been designated as of the

employee’s required beginning date).

(b) The requirements of this paragraph

(b) are met if, as of the later of the date on

which the trust is named as a beneficiary

of the employee, or the employee’s required beginning date, and as of all subsequent periods during which the trust is

named as a beneficiary, the following requirements are met:

(1) The trust is a valid trust under state

law, or would be but for the fact that there

is no corpus.

(2) The trust is irrevocable or will, by

its terms, become irrevocable upon the

death of the employee.

(3) The beneficiaries of the trust who

are beneficiaries with respect to the trust’s

interest in the employee’s benefit are

identifiable from the trust instrument

within the meaning of D–2 of this section.

(4) The documentation described in D–

7 of this section has been provided to the

plan administrator.

(c) In the case of payments to a trust

having more than one beneficiary, see E–

5 of this section for the rules for determining the designated beneficiary whose life

expectancy will be used to determine the

distribution period. If the beneficiary of

the trust named as beneficiary is another

trust, the beneficiaries of the other trust

will be treated as having been designated

as beneficiaries of the employee under the

plan for purposes of determining the distribution period under section 401(a)(9)(A)(ii), provided that the requirements of

paragraph (b) of this D–5A are satisfied

with respect to such other trust in addition

to the trust named as beneficiary.

D–6. Q. If a trust is named as a beneficiary of an employee, will the beneficiaries

of the trust with respect to the trust’s interest in the employee’s benefit be treated as

designated beneficiaries under the plan

with respect to the employee for purposes

of determining the distribution period

under section 401(a)(9)(B)(iii) and (iv)?

A. (a) If a trust is named as a beneficiary of an employee and the requirements of paragraph (b) of D–5A of this

section are satisfied as of the date of the

January 26, 1998

employee’s death or, in the case of the

documentation described in D–7 of this

section, by the end of the ninth month beginning after the employee’s date of

death, then distributions to the trust for

purposes of section 401(a)(9) will be

treated as being paid to the appropriate

beneficiary of the trust with respect to the

trust’s interest in the employee’s benefit,

and all beneficiaries of the trust with respect to the trust’s interest in the employee’s benefit will be treated as designated beneficiaries of the employee under

the plan for purposes of determining the

distribution period under section 401(a)(9)(B)(iii) and (iv). If the beneficiary of

the trust named as beneficiary is another

trust, the beneficiaries of the other trust

will be treated as having been designated

as beneficiaries of the employee under the

plan for purposes of determining the distribution period under section 401(a)(9)(B)(iii) and (iv), provided that the requirements of paragraph (b) of D–5A of this

section are satisfied with respect to such

other trust in addition to the trust named

as beneficiary. If a trust is named as a

beneficiary of an employee and if the requirements of paragraph (b) of D–5A of

this section are not satisfied as of the

dates specified in the first sentence of this

paragraph, the employee will be treated as

not having a designated beneficiary under

the plan. Consequently, distribution must

be made in accordance with the five-year

rule in section 401(a)(9)(B)(ii).

(b) The rules of D–5 of this section and

this D–6 also apply for purposes of applying the provisions of section 401(a)(9)(B)(iv)(II) if a trust is named as a beneficiary of the employee’s surviving spouse.

In the case of payments to a trust having

more than one beneficiary, see E–5 of this

section for the rules for determining the

designated beneficiary whose life expectancy will be used to determine the

distribution period.

D–7. Q. If a trust is named as a beneficiary of an employee, what documentation must be provided to the plan administrator so that the beneficiaries of the trust

who are beneficiaries with respect to the

trust’s interest in the employee’s benefit

are identifiable to the plan administrator?

A. (a) Required distributions commencing before death. In order to satisfy the requirement of paragraph (b)(4) of D–5A of

30

this section for distributions required

under section 401(a)(9) to commence before the death of an employee, the employee must comply with either paragraph

(a)(1) or (2) of this D–7A:

(1) The employee provides to the plan

administrator a copy of the trust instrument and agrees that if the trust instrument is amended at any time in the future,

the employee will, within a reasonable

time, provide to the plan administrator a

copy of each such amendment.

(2) The employee—

(i) Provides to the plan administrator a

list of all of the beneficiaries of the trust

(including contingent and remainderman

beneficiaries with a description of the

conditions on their entitlement);

(ii) Certifies that, to the best of the employee’s knowledge, this list is correct

and complete and that the requirements of

paragraphs (b)(1), (2), and (3) of D–5A of

this section are satisfied;

(iii) Agrees to provide corrected certifications to the extent that an amendment

changes any information previously certified; and

(iv) Agrees to provide a copy of the

trust instrument to the plan administrator

upon demand.

(b) Required distributions after death.

In order to satisfy the documentation requirement of this D–7 for required distributions after death, by the end of the ninth

month beginning after the death of the employee, the trustee of the trust must either

(1) Provide the plan administrator with

a final list of all of the beneficiaries of the

trust (including contingent and remainderman beneficiaries with a description of

the conditions on their entitlement) as of

the date of death; certify that, to the best

of the trustee’s knowledge, this list is correct and complete and that the requirements of paragraph (b)(1), (2), and (3) of

D–5A of this section are satisfied as of the

date of death; and agree to provide a copy

of the trust instrument to the plan administrator upon demand; or

(2) Provide the plan administrator with

a copy of the actual trust document for the

trust that is named as a beneficiary of the

employee under the plan as of the employee’s date of death.

(c) Relief for discrepancy between trust

instrument and employee certifications or

earlier trust instruments. (1) If required

1998–4 I.R.B.

distributions are determined based on the

information provided to the plan administrator in certifications or trust instruments

described in paragraph (a)(1), (a)(2) or (b)

of this D–7A, a plan will not fail to satisfy

section 401(a)(9) merely because the actual terms of the trust instrument are inconsistent with the information in those

certifications or trust instruments previously provided to the plan administrator,

but only if the plan administrator reasonably relied on the information provided

and the minimum required distributions

for calendar years after the calendar year

in which the discrepancy is discovered are

determined based on the actual terms of

the trust instrument. For purposes of determining whether the plan satisfies section 401(a)(9) for calendar years after the

calendar year in which the discrepancy is

discovered, if the actual beneficiaries

under the trust instrument are different

from the beneficiaries previously certified

or listed in the trust instrument previously

provided to the plan administrator, or the

trust instrument specifying the actual beneficiaries does not satisfy the other requirements of paragraph (b) of D–5A of

this section, the minimum required distribution will be determined by treating the

beneficiaries of the employee as having

been changed in the calendar year in

which the discrepancy was discovered to

conform to the corrected information and

by applying the change in beneficiary

provisions of E–5 of this section.

(2) For purposes of determining the

amount of the excise tax under section

4974, the minimum required distribution

is determined for any year based on the

actual terms of the trust in effect during

the year.

*

*

*

*

*

Michael P. Dolan,

Deputy Commissioner of

Internal Revenue.

(Filed by the Office of the Federal Register on

December 29, 1997, 8:45 a.m., and published in the

issue of the Federal Register for December 30, 1997,

62 F.R. 67780)

Foundations Status of Certain

Organizations

Announcement 98–4

The following organizations have

failed to establish or have been unable to

1998–4 I.R.B

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:

Association of Business Administration

of Christian Colleges, River Forest, IL

Chicano-Latino Medical Association of

California Foundation, Montebello,

CA

Children of Light, Mill Valley, CA

Childrens Life Foundation of America,

San Diego, CA

Club Social San Pedro Tesistan, Watsonville, CA

Coalition of Mental Health Professional

Inc., Los Angeles, CA

Comfort Zone Group Homes, Compton,

CA

Communications Connection Center Inc.,

Marina Del Rey, CA

Cook Island Institute, San Francisco, CA

Coos River Step Association Inc.,

Eastside, OR

Cosmos Affiliates, Highland, CA

Country Hospice Association, Enumclaw,

WA

Creative Response of the Arts Inc., La

Jolla, CA

Culpeppers Affordable Housing and

Emergency Shelter, Sherman Oaks,

CA

Cultural Bridges, Alameda, CA

I Became a Star Foundation Inc.,

Antioch, TN

I C E Supervised Independent Living

Center, Inc., New Orleans, LA

Idora Park Historical Society Inc.,

Youngstown, OH

Illegitimate Theater Company Inc., Sierra

Vista, AZ

Illinois Insurance Exchange Foundation,

Chicago, IL

Illinois Nursing Home Administrators

Foundation, Springfield, IL

31

Image Plus Organization Inc., Chicago,

IL

Immigration Support Services Inc.,

Lexington, KY

Immunodeficiency Collaberative of

America, Washington, DC

Independence Non Profit Housing

Corporation, Marquette, MI

Independence Nonprofit Development

Corporation, Detroit, MI

Independence Science and Technology

Center, Inc., Independence, KS

India Cultural and Education, Inc.,

Gainesville, FL

India League of Ohio, Columbus, OH

Indian Heritage Association Inc., Great

Falls, MT

Indian Trace Education Fund Inc., Ft.

Lauderdale, FL

Indiana Junior High Christian

Convention, Anderson, IN

Indiana Relief Foundation Inc.,

Indianapolis, IN

Indiana Spina Bifida Association, Inc.,

South Bend, IN

Indianapolis Tawl Inc., Carmel, IN

Indy-American Expeditions,

Incorporated, Rosedale, IN

Information Access Institute, La Porte,

TX

Inner-City Community Development

Corporation, Denver, CO

Inner City Community Task Force,

Lynchburg, VA

Inner City Development Group, Detroit,

MI

Inner City Development Non Profit

Housing Corporation, Ann Arbor, MI

Inner City Mountain Movers Community

Development Corporation, Detroit, MI

Inner City Recovery Program, Inc.,

Houston, TX

Inner Spaces Network Inc., Pittsburgh, PA

Innovative Human Services Corporation,

Southfield, MI

Inside Corporation, Chamblee, GA

Insight Unlimited Inc., Sebastian, FL

Inspirational Community Center Soup

Kitchen, Detroit, MI

In Step Ministries Inc., Memphis, TN

Institute for Adolescent Development,

Batavia, OH

Institute for Continuing Education in

Communications, Inc., Atlanta, GA

Institute for Health Care Research Inc.,

Miami Lakes, FL

Institute for International Trade &

Investment, Dekalb, IL

January 26, 1998

Institute for Leadership Education

Advancement & Development, Inc.,

Philadelphia, PA

Institute for Quality in Professional

Speaking, Inc., Overland Park, KS

Institute for Research on Boards of

Directors, Inc., Sarasota, FL

Institute for Youth Development and

Educational Resources, Fayetteville,

NC

Institute of International Banking Law

and Practice, Inc., Gaithersburg, MD

Institute of Scholar Athletes Inc.,

Columbia, MD

Instituto Cultural Latino-Americano, Inc.,

Detroit, MI

Inter-Connections Drop-In Center Inc.,

Adrian, MI

Interdenominational Ministerial Alliance

Incorporated, Indianapolis, IN

Interdenominational Ministerial Alliance

of Greater Cincinnati, Cincinnati, OH

Interfaith Hospitality Network of

Washington County Inc., Ann Arbor,

MI

Intergenerational Festivals Inc., Tampa,

FL

Intermountain Child Care Services Inc.,

Murray, UT

Intermountain Education Center, Logan,

UT

International Assistance Project of

Alabama Inc., Montgomery, AL

International Center for Tourism Planning

and Design, Englewood, CO

January 26, 1998

International Children Care, Houston, TX

International Christian Single Helpmate

Groups, Inc., Woodridge, IL

International Federation of Palynological

Societies, Tucson, AZ

International Health Dynamics Inc.,

Colorado Springs, CO

International Institute for Baubiologie

and Ecology, Inc., Clearwater, FL

International Medical Outreach Inc.,

Houston, TX

International Orchid Seed Foundation,

Inc., Labelle, FL

International Society for Social Consciousness, Southfield, MI

International Tribunal Fund Inc., Key

Biscayne, FL

International Youth Exchange Inc., Cape

Coral, FL

Intersouth Sheltercare, Tucson, AZ

Inter-Tribal Trade Center, Lafayette, CO

In The Paint Inc., Milwaukee, WI

In The Warmth of His Glow Ministries

Inc., Tulsa, OK

In Touch Ministries Inc., Richmond, VA

Inventors Network, Stillwater, MN

Iowa City Jazz Festival Inc., Iowa City,

IA

Iowa Hawkeye Floor Covering

Association, Inc., Des Moines, IA

Iowa Problem Gambling Council Inc.,

Des Moines, IA

IRCC Truckers Legal Defense and

Education Fund of Minnesota, Clinton,

MN

32

Irish American Information Service,

Livonia, MI

Irish Childrens Summer Program of

Aurens County, Clinton, SC

Iron Two Iron Church, Cleveland, OH

Ironton Metropolitan Housing Authority

Tenants Council, Inc., Ironton, OH

Irregular Pearl, Dallas, TX

Isis Performance Company-The World

Organization of Art Culture Music,

Atlanta, GA

Isis T. Johnson Foundation, New Orleans,

LA

Islamic Foundation of Florida Inc.,

Miami Beach, FL

Islamic Science Research Institute Inc.,

Mt. Clemens, MI

Mission Specialities, Inc., Marietta, GA

U.S. Prayer Track, Inc., Houston, TX

If an organization listed above submits

information that warrants the renewal of its

classification as a public charity or as a private operating foundation, the Internal

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

contributors may thereafter rely upon such

ruling or determination letter as provided

in section 1.509(a)–7 of the Income Tax

Regulations. It is not the practice of the

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

Revenue Bulletin.

1998–4 I.R.B.

Definition of Terms

Revenue rulings and revenue procedures

(hereinafter referred to as “rulings”)

that have an effect on previous rulings

use the following defined terms to describe the effect:

Amplified describes a situation where

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

being extended to apply to a variation of

the fact situation set forth therein. Thus,

if an earlier ruling held that a principle

applied to A, and the new ruling holds

that the same principle also applies to B,

the earlier ruling is amplified. (Compare

with modified, below).

Clarified is used in those instances

where the language in a prior ruling is

being made clear because the language

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

prior ruling is being changed.

Distinguished describes a situation

where a ruling mentions a previously

published ruling and points out an essential difference between them.

Modified is used where the substance

of a previously published position is

being changed. Thus, if a prior ruling

held that a principle applied to A but not

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

plies to both A and B, the prior ruling is

modified because it corrects a published

position. (Compare with amplified and

clarified, above).

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

in a ruling that lists previously published

rulings that are obsoleted because of

changes in law or regulations. A ruling

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

subsequently adopted.

Revoked describes situations where the

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

is being stated in the new ruling.

Superseded describes a situation where

the new ruling does nothing more than

restate the substance and situation of a

previously published ruling (or rulings).

Thus, the term is used to republish under

the 1986 Code and regulations the same

position published under the 1939 Code

and regulations. The term is also used

when it is desired to republish in a single

ruling a series of situations, names, etc.,

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

new ruling does more than restate the

substance of a prior ruling, a combination

of terms is used. For example, modified

and superseded describes a situation

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

is continued without change in part and it

is desired to restate the valid portion of

the previously published ruling in a new

ruling that is self contained. In this case

the previously published ruling is first

modified and then, as modified, is superseded.

Supplemented is used in situations in

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

countries, is published in a ruling and

that list is expanded by adding further

names in subsequent rulings. After the

original ruling has been supplemented

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

ruling and the additions, and supersedes

all prior rulings in the series.

Suspended is used in rare situations to

show that the previous published rulings

will not be applied pending some future

action such as the issuance of new or

amended regulations, the outcome of

cases in litigation, or the outcome of a

Service study.

Abbreviations

E.O.—Executive Order.

ER—Employer.

ERISA—Employee Retirement Income Security Act.

EX—Executor.

F—Fiduciary.

FC—Foreign Country.

FICA—Federal Insurance Contribution Act.

FISC—Foreign International Sales Company.

FPH—Foreign Personal Holding Company.

F.R.—Federal Register.

FUTA—Federal Unemployment Tax Act.

FX—Foreign Corporation.

G.C.M.—Chief Counsel’s Memorandum.

GE—Grantee.

GP—General Partner.

GR—Grantor.

IC—Insurance Company.

I.R.B.—Internal Revenue Bulletin.

LE—Lessee.

LP—Limited Partner.

LR—Lessor.

M—Minor.

Nonacq.—Nonacquiescence.

O—Organization.

P—Parent Corporation.

PHC—Personal Holding Company.

PO—Possession of the U.S.

PR—Partner.

PRS—Partnership.

PTE—Prohibited Transaction Exemption.

Pub. L.—Public Law.

REIT—Real Estate Investment Trust.

Rev. Proc.—Revenue Procedure.

Rev. Proc..—Revenue Ruling.

S—Subsidiary.

S.P.R.—Statements of Procedral Rules.

Stat.—Statutes at Large.

T—Target Corporation.

T.C.—Tax Court.

T.D.—Treasury Decision.

TFE—Transferee.

TFR—Transferor.

T.I.R.—Technical Information Release.

TP—Taxpayer.

TR—Trust.

TT—Trustee.

U.S.C.—United States Code.

X—Corporation.

Y—Corporation.

Z—Corporation.

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

Bulletin.

A—Individual.

Acq.—Acquiescence.

B—Individual.

BE—Beneficiary.

BK—Bank.

B.T.A.—Board of Tax Appeals.

C.—Individual.

C.B.—Cumulative Bulletin.

CFR—Code of Federal Regulations.

CI—City.

COOP—Cooperative.

Ct.D.—Court Decision.

CY—County.

D—Decedent.

DC—Dummy Corporation.

DE—Donee.

Del. Order—Delegation Order.

DISC—Domestic International Sales Corporation.

DR—Donor.

E—Estate.

EE—Employee.

1998–4 I.R.B

33

January 26, 1998

Numerical Finding List1

Bulletins 1998–1 and 1998–3

Announcements:

98–1, 1998–2 I.R.B. 38

98–2, 1998–2 I.R.B. 38

98–3, 1998–2 I.R.B. 38

Notices:

98–1, 1998–3 I.R.B. 42

98–2, 1998–2 I.R.B. 22

98–3, 1998–3 I.R.B. 48

98–4, 1998–2 I.R.B. 25

98–5, 1998–3 I.B.R. 49

98–6, 1998–3 I.R.B. 52

98–7, 1998–3 I.R.B. 54

Proposed Regulations:

REG–102894–97, 1998–3 I.R.B. 59

REG–109704–97, 1998–3 I.R.B. 60

Revenue Procedures:

98–1, 1998–1 I.R.B. 7

98–2, 1998–1 I.R.B. 74

98–3, 1998–1 I.R.B. 100

98–4, 1998–1 I.R.B. 113

98–5, 1998–1 I.R.B. 155

98–6, 1998–1 I.R.B. 183

98–7, 1998–1 I.R.B. 222

98–8, 1998–1 I.R.B. 225

98–9, 1998–3 I.R.B. 56

98–10, 1998–2 I.R.B. 35

Revenue Rulings:

98–1, 1998–2 I.R.B. 5

98–2, 1998–2 I.R.B. 15

98–3, 1998–2 I.R.B. 4

98–4, 1998–2 I.R.B. 18

98–5, 1998–2 I.R.B. 20

Treasury Decisions:

8740, 1998–3 I.R.B. 4

8741, 1998–3 I.R.B. 6

1 A cumulative list of all revenue rulings, revenue

procedures, Treasury decisions, etc., published in

Internal Revenue Bulletins 1997–27 through

1997–52 will be found in Internal Revenue Bulletin

1998–1, dated January 5, 1998.

January 26, 1998

34

1998–4 I.R.B.

Finding List of Current Action on

Previously Published Items1

Bulletins 1998–1 and 1998–3

Revenue Procedures:

97–1

Superseded by

98–1, 1998–1 I.R.B. 7

97–2

Superseded by

98–2, 1998–1 I.R.B. 74

97–3

Superseded by

98–3, 1998–1 I.R.B. 100

97–4

Superseded by

98–4, 1998–1 I.R.B. 113

97–5

Superseded by

98–5, 1998–1 I.R.B. 155

97–6

Superseded by

98–6, 1998–1 I.R.B. 183

97–7

Superseded by

98–7, 1998–1 I.R.B. 222

97–8

Superseded by

98–8, 1998–1 I.R.B. 225

97–21

Superseded by

98–2, 1998–1 I.R.B. 74

97–53

Superseded by

98–3, 1998–1 I.R.B. 100

Revenue Rulings:

75–17

Supplemented and superseded by

98–5, 1998–2 I.R.B. 20

92–19

Supplemented in part by

98–2, 1998–2 I.R.B. 15

1 A cumulative finding list for previously published

items mentioned in Internal Revenue Bulletins

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

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

1998–4 I.R.B

35

January 26, 1998

Note

January 26, 1998

36

1998–4 I.R.B.

Note

1998–4 I.R.B

37

January 26, 1998

Note

January 26, 1998

38

1998–4 I.R.B.

INTERNAL REVENUE BULLETIN

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

on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superintendent of

Documents when their subscriptions must be renewed.

CUMULATIVE BULLETINS

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

sold on a single copy basis and are not included as part of the subscription to the Internal Revenue Bulletin. Subscribers to the weekly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print

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

Superintendent of Documents.

HOW TO ORDER

Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance,

detach entire page, and mail to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Please

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

WE WELCOME COMMENTS ABOUT THE

INTERNAL REVENUE BULLETIN

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

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

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

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

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.