# SEQ 0029 JOB E18-001-004 PAGE-0003 COVER

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Bulletin No. 1996–21
May 20, 1996

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

Del. Order 247, page 7.
This order delegates authority to examination case
managers to accept settlement offers and execute
closing agreements on Industry Specialization Program
(ISP) and International Field Assistance Specialization
Program (IFASP) issues.

Rev. Rul. 96–26, page 5.
LIFO; price indexes; department stores. The March 1996
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, March 31, 1996.

GL–1–96, page 9.
Proposed regulations provide that the authority to
modify or rescind taxpayer assistance orders is limited
to the Commissioner, the Deputy Commissioner, or the
Taxpayer Ombudsman.

T.D. 8665, page 4.
Final regulations concerning transfers of cash to a
corporation or a partnership. These regulations affect
taxpayers in transactions under sections 351 or 721 of
the Code when there is an offering of stock or
partnership interest through an underwriter. Rev. Rul.
78–294 obsoleted.

Announcement 96–44, page 10.
Filers of Form 8233, Exemption From Withholding on
Compensation for Independent Personal Services of a
Nonresident Alien Individual, can apply for exemption
from withholding using the current Form 8233 (Rev.
April 1993).

ADMINISTRATIVE

Announcement 96–45, page 10.
T.D. 8175, 1988–1 C.B. 191, relating to the limitations on passive activity credits, is corrected.

Del. Order 236 (Rev. 2), page 7.
This order has been revised to eliminate terms that are
causing confusion in applying this order and to expand
the scope to include certain directly related parties to
covered transactions. Del. Order 236 (Rev. 1)
superseded.

Announcement 96–46, page 10.
T.D. 8212, 1988–2 C.B. 83, relating to the availability
of optional forms of benefit, is corrected.

Finding Lists begin on page 14.
Announcement of Disbarments and Suspensions begin on page 11.

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Mission of the Service
The purpose of the Internal Revenue Service is to
collect the proper amount of tax revenue at the least
cost; serve the public by continually improving the

quality of our products and services; and perform in a
manner warranting the highest degree of public
confidence in our integrity, efficiency and fairness.

Statement of Principles
of Internal Revenue
Tax Administration
The 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.
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

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.
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.

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Introduction
The Internal Revenue Bulletin is the authoritative
instrument of the Commissioner of Internal Revenue for
announcing official rulings and procedures of the
Internal Revenue Service and for publishing Treasury
Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general
interest. It is published weekly and may be obtained
from the Superintendent of Documents on a subscription basis. Bulletin contents of a permanent nature are
consolidated semiannually into Cumulative Bulletins,
which are sold on a single-copy basis.
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.
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.
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 procedures must be
considered, and Service personnel and others concerned are cautioned against reaching the same
conclusions in other cases unless the facts and
circumstances are substantially the same.

The Bulletin is divided into four parts as follows:
Part I.—1986 Code.
This part includes rulings and decisions based on
provisions of the Internal Revenue Code of 1986.
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).
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.
The first Bulletin for each month includes an index for
the matters published during the preceding month.
These monthly indexes are cumulated on a quarterly
and semiannual basis, and are published in the first
Bulletin of the succeeding quarterly and semi-annual
period, respectively.
The Bulletin Index-Digest System, a research and
reference service supplementing the Bulletin, may be
obtained from the Superintendent of Documents on a
subscription basis. It consists of four Services: Service
No. 1, Income Tax; Service No. 2, Estate and Gift
Taxes; Service No. 3, Employment Taxes; Service No.
4, Excise Taxes. Each Service consists of a basic
volume and a cumulative supplement that provides (1)
finding lists of items published in the Bulletin, (2)
digests of revenue rulings, revenue procedures, and
other published items, and (3) indexes of Public Laws,
Treasury Decisions, and Tax Conventions.

The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.
For sale by the Superintendent of Documents U.S. Government Printing Office, Washington, D.C. 20402.

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Part I. Rulings and Decisions Under the Internal Revenue Code of 1986
Section 351.—Transfer to
Corporation Controlled by Transferor
26 CFR 1.351–1: Transfer to corporation
controlled by transferor.

T.D. 8665
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
Treatment of Underwriters in Section
351 and Section 721 Transactions
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Final regulations.
SUMMARY: This document contains
final regulations concerning transfers of
cash to a corporation or a partnership.
The final regulations will affect taxpayers in transactions under section
351 or section 721 when there is an
offering of stock or partnership interests through an underwriter.
EFFECTIVE DATE: May 1, 1996.
FOR FURTHER INFORMATION
CONTACT: Concerning the regulation
under section 351(a), Susan T.
Edlavitch, (202) 622-7750; concerning
the regulation under section 721(a),
James A. Quinn, (202) 622-3060 (not
toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background
This document contains final regulations under section 351 and section
721. The final regulations provide for
the treatment of transfers of cash to a
corporation or a partnership pursuant to
an offering of stock or partnership
interests through an underwriter.
Section 351(a) provides that no gain
or loss is recognized if property is
transferred to a corporation by one or
more persons solely in exchange for
stock in the corporation and immediately after the exchange the person or
persons are in control (as defined in
section 368(c)) of the corporation.
Section 721(a) provides that no gain
or loss is recognized to a partnership or

to any of its partners in the case of a
contribution of property to the partnership in exchange for an interest in
the partnership.
On August 10, 1995, the IRS published in the Federal Register a notice
of proposed rulemaking (CO–26–95
[1995–2 C.B. 466]), adding regulations
under section 351 and section 721 of
the Internal Revenue Code relating to
transfers of cash to a corporation or a
partnership (60 FR 40792). The proposed rules were based on the conclusion that Situation 2 of Rev. Rul. 78–
294 (1978–2 C.B. 141) does not reflect
current underwriting practices. The proposed rules were also based on the
conclusion that underwritings of partnership interests should be treated
similarly to underwritings of stock. The
rules, under certain circumstances, disregard underwriters of stock and partnership interests for purposes of section
351 and section 721.
Public comments and the final
regulations
The IRS received few comments
from the public on the proposed
regulations. The comments received
were generally supportive of the proposed regulations but sought guidance
beyond the intended scope of the rules.
No public hearing was requested and
none was held. After consideration of
all the comments, the regulations proposed by CO–26–95 are adopted by
this Treasury decision.
In the notice of proposed rulemaking, the IRS and Treasury invited
public comment with respect to three
issues: (a) Whether the proposed rules
should apply for all tax purposes; (b)
whether the proposed rules should be
limited to underwriters; and (c) whether
the proposed rules should be limited to
cash transactions. After consideration
of these issues, the regulations proposed by CO–26–95 are adopted without any change in language. However,
although the regulations specifically
concern underwriters, it is intended that
its principles could apply equally in
factually analogous situations. For example, if the ownership by other
intermediaries in the distribution of
stock or partnership interests, such as
broker-dealers, is transitory, that
ownership should also be disregarded.

4

Effect on other documents
The following publication is obsolete
as of May 1, 1996: Rev. Rul. 78–294
(1978–2 C.B. 141).
Special Analyses
It has been determined that this
Treasury decision is not a significant
regulatory action as defined in EO
12866. Therefore, a regulatory assessment is not required. It also has been
determined that section 553(b) of the
Administrative Procedure Act (5 U.S.C.
chapter 5) and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do not
apply to these regulations, and, therefore, a Regulatory Flexibility Analysis
is not required. Pursuant to section
7805(f) of the Internal Revenue Code,
the notice of proposed rulemaking
preceding these regulations was submitted to the Chief Counsel for Advocacy
of the Small Business Administration
for comment on its impact on small
business.
Drafting Information
The principal authors of these regulations are Susan T. Edlavitch of the
Office of Assistant Chief Counsel
(Corporate) and Brian J. O’Connor,
formerly of the Office of Assistant
Chief Counsel (Passthroughs and Special Industries). However, other personnel from the IRS and Treasury participated in their development.
*

*

*

*

*

*

Adoption of Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 is amended by adding entries
in numerical order to read as follows:
Authority: 26 U.S.C. 7805 * * *
Section 1.351–1 also issued under 26
U.S.C. 351. * * *
Section 1.721–1 also issued under 26
U.S.C. 721. * * *
Par. 2. In §1.351–1, paragraph (a)(3)
is added to read as follows:

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§1.351–1 Transfer to corporation
controlled by transferor.
(a) * * *
(3) Underwritings of stock—(i) In
general. For the purpose of section
351, if a person acquires stock of a
corporation from an underwriter in
exchange for cash in a qualified
underwriting transaction, the person
who acquires stock from the underwriter is treated as transferring cash
directly to the corporation in exchange
for stock of the corporation and the
underwriter is disregarded. A qualified
underwriting transaction is a transaction
in which a corporation issues stock for
cash in an underwriting in which either
the underwriter is an agent of the
corporation or the underwriter’s ownership of the stock is transitory.
(ii) Effective date. This paragraph
(a)(3) is effective for qualified underwriting transactions occurring on or
after May 1, 1996.
*

*

*

*

*

§1.721–1 Nonrecognition of gain or
loss on contribution.
*

*

*

*

Margaret Milner Richardson,
Commissioner of Internal Revenue.
Approved March 26, 1996.
Leslie Samuels,
Assistant Secretary of Treasury.

*

Par. 3. In §1.721–1, paragraph (c) is
added to read as follows:

*

quires a partnership interest from an
underwriter in exchange for cash in a
qualified underwriting transaction, the
person who acquires the partnership
interest is treated as transferring cash
directly to the partnership in exchange
for the partnership interest and the
underwriter is disregarded. A qualified
underwriting transaction is a transaction
in which a partnership issues partnership interests for cash in an underwriting in which either the underwriter
is an agent of the partnership or the
underwriter’s ownership of the partnership interests is transitory.
(2) Effective date. This paragraph (c)
is effective for qualified underwriting
transactions occurring on or after May
1, 1996.

(Filed by the Office of the Federal Register on
April 30, 1996, 8:45 a.m., and published in the
issue of the Federal Register for May 1, 1996,
61 F.R. 19188)

Section 472.—Last-in, First-out
Inventories

Labor Statistics price indexes are accepted for use by department stores
employing the retail inventory and lastin, first-out inventory methods for
valuing inventories for tax years ended
on, or with reference to, March 31,
1996.
Rev. Rul. 96–26
The following Department Store Inventory Price Indexes for March 1996
were issued by the Bureau of Labor
Statistics on April 12, 1996. 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, March 31, 1996.
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.

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

(c) Underwritings of partnership
interests—(1) In general. For the purpose of section 721, if a person ac-

LIFO; price indexes; department
stores. The March 1996 Bureau of

BUREAU OF LABOR STATISTICS, DEPARTMENT STORE
INVENTORY PRICE INDEXES BY DEPARTMENT GROUPS
(January 1941 = 100, unless otherwise noted)
Groups

Mar. 1995

Mar. 1996

Percent Change from
Mar. 1995 to Mar. 19961

1. Piece Goods. . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Domestics and Draperies . . . . . . . . . . . . . . . .
3. Women’s and Children’s Shoes . . . . . . . . . .
4. Men’s Shoes . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Infants’ Wear. . . . . . . . . . . . . . . . . . . . . . . . . .
6. Women’s Underwear . . . . . . . . . . . . . . . . . . .
7. Women’s Hosiery . . . . . . . . . . . . . . . . . . . . . .
8. Women’s and Girls’ Accessories . . . . . . . . .
9. Women’s Outerwear and Girls’ Wear. . . . .
10. Men’s Clothing . . . . . . . . . . . . . . . . . . . . . . . .
11. Men’s Furnishings. . . . . . . . . . . . . . . . . . . . . .
12. Boys’ Clothing and Furnishings . . . . . . . . . .
13. Jewelry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14. Notions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15. Toilet Articles and Drugs . . . . . . . . . . . . . . .

501.4
648.8
636.3
920.3
623.9
522.8
280.4
540.3
445.9
616.9
580.0
489.2
1026.6
778.5
839.5

507.9
652.3
651.5
897.6
643.0
535.9
284.4
556.5
426.9
625.5
590.5
490.9
1052.5
781.1
870.4

1.3
0.5
2.4
–2.5
3.1
2.5
1.4
3.0
–4.3
1.4
1.8
0.3
2.5
0.3
3.7

5

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BUREAU OF LABOR STATISTICS, DEPARTMENT STORE
INVENTORY PRICE INDEXES BY DEPARTMENT GROUPS
(January 1941 = 100, unless otherwise noted)—Continued
Groups

Mar. 1995

Mar. 1996

Percent Change from
Mar. 1995 to Mar. 19961

16. Furniture and Bedding . . . . . . . . . . . . . . . . . .
17. Floor Coverings. . . . . . . . . . . . . . . . . . . . . . . .
18. Housewares . . . . . . . . . . . . . . . . . . . . . . . . . . .
19. Major Appliances . . . . . . . . . . . . . . . . . . . . . .
20. Radio and Television . . . . . . . . . . . . . . . . . . .
21. Recreation and Education2 . . . . . . . . . . . . . .
22. Home Improvements2 . . . . . . . . . . . . . . . . . . .
23. Auto Accessories2 . . . . . . . . . . . . . . . . . . . . . .

651.5
571.3
773.3
247.5
85.2
114.7
121.7
106.6

672.8
570.6
808.1
248.5
79.6
113.6
123.3
107.1

3.3
–0.1
4.5
0.4
–6.6
–1.0
1.3
0.5

Groups 1—15: Soft Goods. . . . . . . . . . . . . . . . . .

603.7

606.1

0.4

Groups 16—20: Durable Goods . . . . . . . . . . . . .

465.1

470.7

1.2

Goods2. . . . . . . . . . . . . . .

114.2

113.8

–0.4

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

556.4

559.0

0.5

Groups 21—23: Misc.

1Absence

of a minus sign before percentage change in this column signifies price increase.
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, tobacco, and contract departments.
2Indexes

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 toll-free call).

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Part III. Administrative, Procedural, and Miscellaneous
Delegation Order No. 236 (Rev. 2)
Delegation of Authority
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Delegation of Authority.
SUMMARY: The delegation order has
been revised to eliminate terms that are
causing unnecessary confusion in applying the delegation order and to
expand the scope to include certain
directly-related parties to covered transactions. The text of the delegation
order appears below.
EFFECTIVE DATE: March 15, 1996.
FOR FURTHER INFORMATION
CONTACT: Harry E. Lebedun,
CP:EX:C:C, Room 2036, 1111 Constitution Ave., NW, Washington, DC.
20224, (202) 622-3654 (not a toll free
number).
Delegation Order No. 236 (Rev. 2)
Effective date: March 15, 1996.
Application of Appeals Settlement to
Coordinated Examination Program
Taxpayers
The authority vested in the Commissioner of the Internal Revenue by
Treasury Order Nos. 150–07, 150–09
and 150–10 and the authority contained
in 26 U.S.C. Section 7121 is hereby
delegated as follows:
1. All examination case managers
are delegated discretionary authority
under section 7121 of the Internal
Revenue Code to accept settlement
offers on any issue in a Coordinated
Examination Program case under their
respective jurisdiction. This authority
applies, regardless of the amount of
liability sought to be compromised,
where a settlement (including a hazards
settlement) has been effected by Appeals in a previous, subsequent or the
same tax period (the settled period)
with respect to the same issue of the
same taxpayer, or of another taxpayer
who was directly involved in the
transaction or taxable event. Prior to
finalization, the proposed settlement,

together with any related closing agreement or Form 870–AD, Offer of
Waiver of Restrictions on Assessment
and Collection of Deficiency in Tax
and of (to be completed by case
manager), shall be reviewed and approved by the appropriate branch chief
within the Examination function.
2. For purposes of this delegation of
limited settlement authority, no settlement shall be effected unless all of the
following factors are present in the tax
year currently under Examination jurisdiction:
(a) The facts surrounding a transaction or taxable event in the tax period
under examination are substantially the
same as the facts in the settled period.
(b) The legal authority relating to
such issue must have remained
unchanged.
(c) The underlying issue must have
been settled by Appeals independently
of other issues (e.g. no trading of
issues) in the settled tax period.
(d) The issue must have been settled
in Appeals with respect to the same
taxpayer (including consolidated and
unconsolidated subsidiaries) or another
taxpayer who was directly involved in
the transaction or taxable event in the
settled tax period.
3. The criteria in section 2 apply to
taxpayers ‘‘directly involved’’ in the
transaction. Illustrations of a taxpayer
‘‘directly involved’’ in the transaction
are as follows:
(a) Taxpayers A and B are directly
involved in the same transaction or
taxable event in tax period 19xx where
A and B would logically receive
similar tax treatment. Taxpayer A’s
treatment of the transaction is adjusted
by Examination and settled in Appeals.
The adjustment involves the same legal
issue with respect to taxpayer B.
Examination may resolve Taxpayer B’s
case in a manner consistent with the
Appeals settlement of Taxpayer A.
(b) Taxpayers A and B are directly
involved in the same transaction or
taxable event in tax period 19xx where
A and B would logically receive
similar tax treatment. Taxpayer A’s
treatment of the transaction is adjusted
by Examination and settled by Appeals.
In addition, taxpayer A or B (or both)
is directly involved in a separate, but
similar transaction or taxable event in
the same, prior, or subsequent tax

7

period involving the same legal issue
as above. Such issue for taxpayers A or
B only may also be settled in a
consistent manner provided it involves
substantially the same facts.
4. All examination case managers
are delegated authority to execute
closing agreements and the Form 870–
AD in order to effect any final
settlement reached in a Coordinated
Examination case.
5. For settlement authority of Industry Specialization and International
Field Assistance Specialization Program coordinated issues, see Delegation Order No. 247.
6. The authority delegated in this
Order may not be redelegated.
7. The authority contained in this
Order supplements the authority contained in Delegation Order 97 (as
revised).
8. Delegation Order No. 236 (Rev.
1), effective June 3, 1994, is
superseded.
Dated: March 15, 1996.
Michael P. Dolan,
Deputy Commissioner.
(Filed by the Office of the Federal Register on
April 2, 1996, 8:45 a.m., and published in the
issue of the Federal Register for April 3, 1996,
61 F.R. 14852)

Delegation Order No. 247
Delegation of Authority
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Delegation of authority.
SUMMARY: Provides resolution authority to Examination on coordinated
issues in the Industry Specialization
Program (ISP) and International Field
Assistance Specialization Program
(IFASP) for those issues on which
Appeals has coordinated issue papers
containing settlement guidelines or
positions. Examination resolution may
be reached only subject to the concurrence of both the Examination and
Appeals ISP and/or IFASP Coordinators. The text of the delegation order
appears below.

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778/20052/1JUL96/E18-004

EFFECTIVE DATE: March 15, 1996.
FOR FURTHER INFORMATION
CONTACT: Harry E. Lebedun,
CP:EX:C:C, Room 2036, 1111 Constitution Ave., NW, Washington, DC.
20224, (202) 622-3654 (Not a toll free
number).
Order No. 247
Effective Date: March 15, 1996.
Authority of Examination Case
Managers to Accept Settlement Offers
and Execute Closing Agreements on
Industry Specialization Program (ISP)
and International Field Assistance
Specialization Program (IFASP)
Issues.
The authority vested in the Commissioner of the Internal Revenue by
Treasury Order Nos. 150–07, 150–09,
150–10 and the authority contained in

26 U.S.C. Section 7121 is hereby
delegated as follows:
1. All examination case managers
are delegated discretionary authority in
Coordinated Examination Program
cases under their jurisdiction to accept
settlement offers, regardless of the
amount of the liability sought to be
compromised, with respect to coordinated issues within the ISP and IFASP
on which Appeals has coordinated
issue papers containing settlement
guidelines or positions. Prior to finalization, the proposed settlement, together
with any related closing agreement and/
or Form 870–AD, Offer of Waiver of
Restrictions on Assessment and Collection of Deficiency in Tax and of (to be
completed by case manager), and supporting documentation, shall be reviewed and approved by the appropriate specialists/coordinators for ISP and
IFASP within Examination, International and the Appeals functions.
2. For purposes of this limited dele-

8

gation of settlement authority, coordinated issues within the ISP and IFASP
are those issues published in the
Internal Revenue Manual.
3. All examination case managers
are delegated authority to execute
closing agreements and/or the Form
870–AD in order to effect any settlement reached in a Coordinated Examination case involving ISP and
IFASP issues.
4. This authority delegated in this
order may not be redelegated.
5. The authority contained in this
Order supplements the authority contained in Delegation Order 97 (as
revised).
Dated: March 15, 1996.
Michael P. Dolan,
Deputy Commissioner.
(Filed by the Office of the Federal Register on
April 2, 1996, 8:45 a.m., and published in the
issue of the Federal Register for April 3, 1996,
61 F.R. 14852)

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Part IV. Items of General Interest
Notice of Proposed Rulemaking
Authority to Modify or Rescind
Taxpayer Assistance Orders
GL–1–96
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Notice
rulemaking.

of

proposed

SUMMARY: This document contains
proposed regulations regarding taxpayer
assistance orders. The proposed regulations provide that the authority to
modify or rescind taxpayer assistance
orders is limited to the Commissioner,
the Deputy Commissioner, or the Ombudsman. The proposed regulations
affect all taxpayers with respect to
whom a taxpayer assistance order is
issued.
DATES: Written comments and requests for a public hearing must be
received by July 18, 1996.
ADDRESSES: Send submissions to:
CC:DOM:CORP:R (GL–001–96),
Room 5228, Internal Revenue Service,
POB 7604, Ben Franklin Station,
Washington, DC 20044. In the alternative, submissions may be hand delivered between the hours of 8 a.m. and 5
p.m. to: CC:DOM:CORP:R (GL–001–
96), Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue
NW., Washington, DC.
FOR FURTHER INFORMATION
CONTACT: Robert A. Miller, (202)
622-3640 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Explanation of Provisions
This document contains a proposed
amendment to the Procedure and Administration Regulations (26 CFR part
301) under section 7811 of the Internal
Revenue Code. In Announcement 96–5
(1996–4 I.R.B. 99), Administrative Initiatives to Enhance Taxpayer Rights,
IRS indicated it was increasing the
power of the Ombudsman to assist taxpayers by affording greater protection

for taxpayer assistance orders. Effective
on the date of the Announcement 96–5,
January 4, 1996, the power to modify
or rescind a taxpayer assistance order
issued under section 7811 is limited to
the Commissioner, Deputy Commissioner, or the Ombudsman.
The current regulations provide that
taxpayer assistance orders may be
modified or rescinded by the Commissioner, Deputy Commissioner, or Ombudsman and, additionally, the following IRS officials: a district director, a
service center director, a compliance
center director, a regional director of
appeals, or the superiors of those
officials. Announcement 96–5 indicates
that proposed regulations would be
published in early 1996 to reflect the
policy restriction in authority to modify
or rescind taxpayer assistance orders.
Under the proposed regulations, officials other than the Commissioner,
Deputy Commissioner, or the Ombudsman may modify or rescind a taxpayer
assistance order only with the specific
written authorization of the Commissioner, Deputy Commissioner, or Ombudsman.
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 determined that section 553(b) of
the Administrative Procedure Act (5
U.S.C. chapter 5) and the Regulatory
Flexibility Act (5 U.S.C. chapter 6) do
not apply to these regulations, and,
therefore, a Regulatory Flexibility
Analysis 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 that are submitted timely (a
signed original and eight copies) to the
IRS. All comments will be available

9

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 Robert A. Miller, Office of
Assistant Chief Counsel (General Litigation), CC:EL:GL. However, other
personnel from the IRS and Treasury
Department participated in their
development.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 301 is
proposed to be amended as follows:
PART 301—PROCEDURE AND
ADMINISTRATION
Paragraph 1. The authority citation
for part 301 continues to read in part as
follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 301.7811–1 is
amended by revising paragraphs (d)
and (h) to read as follows:
§301.7811–1 Taxpayer Assistance
Orders.
*

*

*

*

*

*

(d) Authority to modify or rescind
limited to Commissioner, Deputy Commissioner, or Taxpayer Ombudsman.
The Commissioner, the Deputy Commissioner, and the Ombudsman may
modify or rescind a taxpayer assistance
order. A district director, a service
center director, a compliance center
director, a regional director of appeals,
or the superiors of those officials, may
modify or rescind a taxpayer assistance
order only with the specific written
authorization of the Commissioner, Deputy Commissioner, or the Ombudsman.
*

*

*

*

*

*

(h) Effective dates. This section is
effective on March 20, 1992, except
paragraph (d) of this section which is

1996– 27 I.R.B.

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effective on the date 90 days after the
date of publication of these regulations
as final regulations in the Federal
Register.
Margaret Milner Richardson,
Commissioner of Internal Revenue.
(Filed by the Office of the Federal Register on
April 18, 1996, 8:45 a.m., and published in the
issue of the Federal Register for April 19,
1996, 61 F.R. 17265)

Filers of Form 8233, Exemption From
Withholding on Compensation for
Independent Personal Services of a
Nonresident Alien Individual
Announcement 96–44
Under Internal Revenue Code section
1441, payments made to nonresident
alien independent contractors, students,
professors, teachers, and researchers are
normally subject to 30% Federal income tax withholding. However, some
payments may be exempted from withholding because of a tax treaty or the
personal exemption amount. Form 8233
is used to establish that the amounts
concerned qualify for the exemption
from withholding.
Form 8233 is being revised and
should be available by January 1997.
Until then, filers can still apply for
exemption from withholding using the
current Form 8233 (Rev. April 1993)
that has an (OMB) expiration date of
April 30, 1996. You can order Form
8233 by calling 1-800-TAX-FORM
(1-800-829-3676).
Income Tax; Taxable Years Beginning
After December 31, 1953; Limitations
on Passive Activity Losses and
Credits; Correction
Announcement 96–45

Thursday, February 25, 1988 (53 FR
5686), relating to the limitations on
passive activity credits.
EFFECTIVE
1988.

DATE:

February

25,

FOR FURTHER INFORMATION
CONTACT: Michael L. Slaughter,
(202) 622-7190 (not a toll-free
number).
SUPPLEMENTARY INFORMATION:
Background
The temporary regulations that are
the subject of these correction are
under sections 469 of the Internal
Revenue Code.

SUMMARY: This document contains a
correction to temporary regulations (TD
8175 [1988–1 C.B. 191]), which were
published in the Federal Register

1996– 27 I.R.B.

SUMMARY: This document contains a
correction to final regulations (TD
8212 [1988–2 C.B. 83]), which were
published in the Federal Register Monday, July 11, 1988 (53 FR 26050),
relating to the availability of optional
forms of benefit.
EFFECTIVE DATE: July 11, 1988.
FOR FURTHER INFORMATION
CONTACT: David Munroe,
(202) 622-6080 (not a toll-free
number).
SUPPLEMENTARY INFORMATION:
Background

Need for Correction
As published, the temporary regulations (TD 8175) contain errors which
may prove to be misleading and are in
need of clarification.
*

*

*

*

*

*

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 * * *
§ 1.469–5T [Corrected]
Par. 2. In § 1.469–5T, paragraphs
(d)(A) and (d)(B) are correctly designated as paragraphs (d)(1) and (d)(2).
Cynthia E. Grigsby,
Chief, Regulations Unit,
Assistant Chief Counsel (Corporate).
(Filed by the Office of the Federal Register on
March 29, 1996, 8:45 a.m., and published in
the issue of the Federal Register for April 1,
1996, 61 F.R. 14247)

AGENCY: Internal Revenue Service,
Treasury.
ACTION: Correcting amendment.

ACTION: Correcting amendment.

Limitations on Availability of
Benefits; Correction
Announcement 96–46
AGENCY: Internal Revenue Service,
Treasury.

10

The final regulations that are the
subject of this correction is under
sections 401, and 411 of the Internal
Revenue Code.
Need for Correction
As published, the final regulations
(TD 8212) contains an error which may
prove to be misleading and is in need
of clarification.
*

*

*

*

*

*

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 * * *
§ 1.401(a)–4 [Corrected]
Par. 2. Section 1.401(a)–4 is
amended by removing paragraph
(a)(2)(ii)(B) in ‘‘A–2’’.
Cynthia E. Grigsby,
Chief, Regulations Unit,
Assistant Chief Counsel (Corporate).
(Filed by the Office of the Federal Register on
March 29, 1996, 8:45 a.m., and published in
the issue of the Federal Register for April 1,
1996, 61 F.R. 14247)

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Announcement of the Disbarment, Suspension, or Consent to Voluntary
Suspension of Attorneys, Certified Public Accountants, Enrolled Agents and
Enrolled Actuaries From Practice Before the Internal Revenue Service
Under 31 Code of Federal Regulations, Part 10, an attorney, certified
public accountant, enrolled agent or enrolled actuary, in order to avoid the institution or conclusion of a proceeding
for his disbarment or suspension from
practice before the Internal Revenue
Service, may offer his consent to
suspension from such practice. The
Director of Practice, in his discretion,
may suspend an attorney, certified
public accountant, enrolled agent or
enrolled actuary in accordance with the
consent offered.
Attorneys, certified public accountants, enrolled agents and enrolled actuaries are prohibited in any Internal

Revenue Service matter from directly
or indirectly employing, accepting
assistance from, being employed by,
or sharing fees with, any practitioner disbarred or suspended from
practice before the Internal Revenue
Service.
To enable attorneys, certified public
accountants, enrolled agents and enrolled actuaries to identify practitioners
under consent suspension from practice
before the Internal Revenue Service,
the Director of Practice will announce
in the Internal Revenue Bulletin the
names and addresses of practitioners
who have been suspended from such
practice, their designation as attor-

ney, certified public accountant, enrolled agent or enrolled actuary and
date or period of suspension. This announcement will appear in the weekly
Bulletin at the earliest practicable date
after such action and will continue to
appear in the weekly Bulletins for five
successive weeks or for as many weeks
as is practicable for each attorney,
certified public accountant, enrolled
agent or enrolled actuary so suspended
and will be consolidated and published
in the Cumulative Bulletin.
The following individuals have been
placed under consent suspension from
practice before the Internal Revenue
Service:

Name

Address

Designation

Date of Suspension

Behrens, William
Warter, J. Christopher
Leckie, Jerry B.
Retzlaff, Gene
Cahill, Donal
Guidera, George C.
Kirk, Gregg T.
Brock, Guy Charles
Mathews, Thomas
Farnsworth Jr., Harold
King, John C.

Kenosha, WI
South Bend, IN
Macon, GA
Hortonville, WI
Stratford, CT
Straford, CT
Dallas, TX
Spokane, WA
Cincinnati, OH
Starke, FL
Wichita, KS

Enrolled Agent
Attorney
Enrolled Agent
Enrolled Agent
Attorney
Attorney
CPA
CPA
CPA
CPA
Attorney

March 6, 1996 to May 5, 1996
Indefinite from March 8, 1996
March 9, 1996 to March 8, 1999
March 18, 1996 to July 17, 1996
April 4, 1996 to April 3, 1997
April 11, 1996 to October 10, 1996
Indefinite from May 1, 1996
Indefinite from May 1, 1996
May 1, 1996 to August 31, 1996
May 1, 1996 to April 30, 1998
May 1, 1996 to August 31, 1996

Announcement of the Expedited Suspension of Attorneys, Certified Public
Accountants, Enrolled Agents, and Enrolled Actuaries From Practice Before the
Internal Revenue Service
Under title 31 of the Code of Federal
Regulations, section 10.76, the Director
of Practice is authorized to immediately
suspend from practice before the Internal Revenue Service any practitioner
who, within five years, from the date
the expedited proceeding is instituted,
(1) has had a license to practice as an
attorney, certified public accountant, or
actuary suspended or revoked for
cause; or (2) has been convicted of any
crime under title 26 of the United
States Code or, of a felony under title
18 of the United States Code involving
dishonesty or breach of trust.
Attorneys, certified public accountants, enrolled agents, and enrolled actuaries are prohibited in any Internal

Revenue Service matter from directly
or indirectly employing, accepting assistance from, being employed by, or
sharing fees with, any practitioner
disbarred or suspended from practice
before the Internal Revenue Service.
To enable attorneys, certified public
accountants, enrolled agents, and enrolled actuaries to identify practitioners
under expedited suspension from practice before the Internal Revenue Service, the Director of Practice will announce in the Internal Revenue Bulletin
the names and addresses of practitioners who have been suspended from such
practice, their designation as attorney,
certified public accountant, enrolled

11

agent, or enrolled actuary, and date or
period of suspension. This announcement will appear in the weekly Bulletin
at the earliest practicable date after
such action and will continue to appear
in the weekly Bulletins for five successive weeks or for as many weeks as is
practicable for each attorney, certified
public accountant, enrolled agent, or
enrolled actuary so suspended and will
be consolidated and published in the
Cumulative Bulletin.
The following individuals have been
placed under suspension from practice
before the Internal Revenue Service by
virtue of the expedited proceeding
provisions of the applicable regulations:

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Name

Address

Designation

Date of Suspension

Noske, Joan M.
Wahl, Roger W.
Stojanov, Dragan
Gay, Randall D.
Sheffey, Ralph
Doyle, Robert
Singer, Michael G.
Mohme, Robert H.
Vogelei, George Mac
Gaskins, Oscar N.
Gawel, Michael S.

Richmond, MN
Martinez, GA
Detroit, MI
Honolulu, HI
LaCrosse, WI
Sacramento, CA
Minnetonka, MN
St. Louis, MO
Novato, CA
Cherry Hill, NJ
Niagara Falls, NY

CPA
CPA
Attorney
CPA
Attorney
CPA
Attorney
Attorney
Attorney
Attorney
Attorney

Indefinite from March 1, 1996
Indefinite from March 1, 1996
Indefinite from March 13, 1996
Indefinite from March 13, 1996
Indefinite from March 13, 1996
Indefinite from March 19, 1996
Indefinite from March 19, 1996
Indefinite from March 20, 1996
Indefinite from March 20, 1996
Indefinite from March 26, 1996
Indefinite from March 29, 1996

12

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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 applies to both A and B, the prior

ruling is modified because it corrects a
published position. (Compare with amplified and clarified, above).
Obsoleted describes a previously
published ruling that is not considered
determinative with respect to future
transactions. This term is most commonly used in a ruling that lists
previously published rulings that are
obsoleted because of changes in law or
regulations. A ruling may also be
obsoleted because the substance has
been included in regulations subsequently adopted.
Revoked describes situations where
the position in the previously published
ruling is not correct and the correct
position is being stated in the new
ruling.
Superseded describes a situation
where the new ruling does nothing
more than restate the substance and
situation of a previously published
ruling (or rulings). Thus, the term is
used to republish under the 1986 Code
and regulations the same position published under the 1939 Code and regulations. The term is also used when it is
desired to republish in a single ruling a
series of situations, names, etc., that
were previously published over a
period of time in separate rulings.

If the new ruling does more than
restate the substance of a prior ruling, a
combination of terms is used. For
example, modified and superseded describes a situation where the substance
of a previously published ruling is
being changed in part and is continued
without change in part and it is desired
to restate the valid portion of the
previously published ruling in a new
ruling that is self contained. In this
case the previously published ruling is
first modified and then, as modified, is
superseded.
Supplemented is used in situations in
which a list, such as a list of the names
of countries, is published in a ruling
and that list is expanded by adding
further names in subsequent rulings.
After the original ruling has been
supplemented several times, a new
ruling may be published that includes
the list in the original ruling and the
additions, and supersedes all prior
rulings in the series.
Suspended is used in rare situations
to show that the previous published
rulings will not be applied pending
some future action such as the issuance
of new or amended regulations, the
outcome of cases in litigation, or the
outcome of a Service study.

Abbreviations

E.O.—Executive Order.
ER—Employer.
ERISA—Employee Retirement Income Security Act.
EX—Executor.
F—Fiduciary.
FC—Foreign Country.
FICA—Federal Insurance Contribution Act.
FISC—Foreign International Sales Company.
FPH—Foreign Personal Holding Company.
F.R.—Federal Register.
FUTA—Federal Unemployment Tax Act.
FX—Foreign Corporation.
G.C.M.—Chief Counsel’s Memorandum.
GE—Grantee.
GP—General Partner.
GR—Grantor
IC—Insurance Company.
I.R.B.—Internal Revenue Bulletin.
LE—Lessee.
LP—Limited Partner.
LR—Lessor.
M—Minor.
Nonacq.—Nonacquiescence.
O—Organization.
P—Parent Corporation.

PHC—Personal Holding Company.
PO—Possession of the U.S.
PR—Partner.
PRS—Partnership.
PTE—Prohibited Transaction Exemption.
Pub. L.—Public Law.
REIT—Real Estate Investment Trust.
Rev. Proc.—Revenue Procedure.
Rev. Rul.—Revenue Ruling.
S—Subsidiary.
S.P.R.—Statements of Procedural 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.

13

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Numerical Finding List1
Bulletins 1996–1 through 1996–20
Announcements:
96–1, 1996–2 I.R.B. 57
96–2, 1996–2 I.R.B. 57
96–3, 1996–2 I.R.B. 57
96–4, 1996–3 I.R.B. 50
96–5, 1996–4 I.R.B. 99
96–6, 1996–5 I.R.B. 43
96–7, 1996–5 I.R.B. 44
96–8, 1996–7 I.R.B. 56
96–9, 1996–8 I.R.B. 30
96–10, 1996–8 I.R.B. 30
96–11, 1996–9 I.R.B. 11
96–12, 1996–11 I.R.B. 30
96–13, 1996–12 I.R.B. 33
96–14, 1996–12 I.R.B. 35
96–15, 1996–11 I.R.B. 9
96–16, 1996–13 I.R.B. 22
96–17, 1996–13 I.R.B. 22
96–18, 1996–15 I.R.B. 15
96–19, 1996–15 I.R.B. 15
96–20, 1996–15 I.R.B. 15
96–21, 1996–15 I.R.B. 15
96–22, 1996–15 I.R.B. 16
96–23, 1996–18 I.R.B. 7
96–24, 1996–16 I.R.B. 35
96–25, 1996–17 I.R.B. 13
96–26, 1996–17 I.R.B. 13
96–27, 1996–17 I.R.B. 16
96–28, 1996–17 I.R.B. 16
96–29, 1996–17 I.R.B. 17
96–30, 1996–17 I.R.B. 17
96–31, 1996–17 I.R.B. 18
96–32, 1996–17 I.R.B. 18
96–33, 1996–18 I.R.B. 12
96–34, 1996–18 I.R.B. 13
96–35, 1996–18 I.R.B. 13
96–36, 1996–18 I.R.B. 13
96–37, 1996–18 I.R.B. 14
96–38, 1996–19 I.R.B. 84
96–39, 1996–19 I.R.B. 84
96–40, 1996–19 I.R.B. 85
96–41, 1996–20 I.R.B. 18
96–42, 1996–20 I.R.B. 18
96–43, 1996–20 I.R.B. 18
Delegations Orders:
232 (Rev. 2), 1996–7 I.R.B. 49
239 (Rev. 1), 1996–7 I.R.B. 49
Notices:
96–2, 1996–2 I.R.B. 15
96–1, 1996–3 I.R.B. 30
96–4, 1996–4 I.R.B. 69
96–5, 1996–6 I.R.B. 22
96–6, 1996–5 I.R.B. 27
96–7, 1996–6 I.R.B. 22
96–8, 1996–6 I.R.B. 23

Notices—Continued

Revenue Procedures—Continued

96–9, 1996–6 I.R.B. 26
96–10, 1996–7 I.R.B. 47
96–11, 1996–8 I.R.B. 19
96–12, 1996–10 I.R.B. 29
96–13, 1996–10 I.R.B. 29
96–14, 1996–12 I.R.B. 11
96–15, 1996–13 I.R.B. 19
96–16, 1996–13 I.R.B. 20
96–17, 1996–13 I.R.B. 20
96–18, 1996–14 I.R.B. 27
96–19, 1996–14 I.R.B. 28
96–20, 1996–14 I.R.B. 30
96–21, 1996–14 I.R.B. 30
96–22, 1996–14 I.R.B. 30
96–23, 1996–16 I.R.B. 23
96–24, 1996–16 I.R.B. 23
96–25, 1996–17 I.R.B. 11
96–26, 1996–18 I.R.B. 4
96–27, 1996–18 I.R.B. 4
96–28, 1996–19 I.R.B. 7
96–29, 1996–19 I.R.B. 7
96–30, 1996–20 I.R.B. 11

96–13, 1996–3 I.R.B. 31
96–14, 1996–3 I.R.B. 41
96–15, 1996–3 I.R.B. 41
96–16, 1996–3 I.R.B. 45
96–17, 1996–4 I.R.B. 69
96–18, 1996–4 I.R.B. 73
96–19, 1996–4 I.R.B. 80
96–20, 1996–4 I.R.B. 88
96–21, 1996–4 I.R.B. 96
96–22, 1996–5 I.R.B. 27
96–23, 1996–5 I.R.B. 27
96–24, 1996–5 I.R.B. 28
96–24A, 1996–15 I.R.B. 12
96–25, 1996–8 I.R.B. 19
96–26, 1996–8 I.R.B. 22
96–27, 1996–11 I.R.B. 27
96–28, 1996–14 I.R.B. 31
96–29, 1996–16 I.R.B. 24
96–30, 1996–19 I.R.B. 8
96–31, 1996–20 I.R.B. 11
96–32, 1996–20 I.R.B. 14

Proposed Regulations:

96–1, 1996–1 I.R.B. 7
96–2, 1996–2 I.R.B. 5
96–3, 1996–2 I.R.B. 14
96–6, 1996–2 I.R.B. 8
96–4, 1996–3 I.R.B. 16
96–5, 1996–3 I.R.B. 29
96–7, 1996–3 I.R.B. 12
96–8, 1996–4 I.R.B. 62
96–9, 1996–4 I.R.B. 5
96–10, 1996–4 I.R.B. 27
96–11, 1996–4 I.R.B. 28
96–12, 1996–9 I.R.B. 4
96–13, 1996–10 I.R.B. 19
96–14, 1996–6 I.R.B. 20
96–15, 1996–11 I.R.B. 9
96–16, 1996–11 I.R.B. 4
96–17, 1996–13 I.R.B. 5
96–18, 1996–13 I.R.B. 4
96–19, 1996–14 I.R.B. 24
96–20, 1996–15 I.R.B. 5
96–21, 1996–15 I.R.B. 7
96–22, 1996–15 I.R.B. 9
96–23, 1996–15 I.R.B. 11
96–24, 1996–19 I.R.B. 5
96–25, 1996–19 I.R.B. 4

DL–1–95, 1996–6 I.R.B. 28
EE–20–95, 1996–5 I.R.B. 15
EE–34–95, 1996–3 I.R.B. 49
EE–35–95, 1996–5 I.R.B. 19
EE–53–95, 1996–5 I.R.B. 23
EE–55–95, 1996–12 I.R.B. 12
EE–106–82, 1996–10 I.R.B. 31
EE–142–87, 1996–12 I.R.B. 13
EE–148–81, 1996–11 I.R.B. 29
IA–3–94, 1996–17 I.R.B. 12
IA–33–95, 1996–4 I.R.B. 99
IA–41–93, 1996–11 I.R.B. 29
INTL–3–95, 1996–6 I.R.B. 29
INTL–9–95, 1996–5 I.R.B. 25
INTL–54–95, 1996–14 I.R.B. 39
INTL–62–90; INTL–32–93;
INTL–52–86; INTL–52–94,
1996–19 I.R.B. 26
PS–2–95, 1996–7 I.R.B. 50
PS–4–96, 1996–18 I.R.B. 5
PS–6–95, 1996–16 I.R.B. 27
Revenue Procedures:
96–1, 1996–1 I.R.B. 8
96–2, 1996–1 I.R.B. 60
96–3, 1996–1 I.R.B. 82
96–4, 1996–1 I.R.B. 94
96–5, 1996–1 I.R.B. 129
96–6, 1996–1 I.R.B. 151
96–7, 1996–1 I.R.B. 185
96–8, 1996–1 I.R.B. 187
96–8A, 1996–9 I.R.B. 10
96–9, 1996–2 I.R.B. 15
96–10, 1996–2 I.R.B. 17
96–11, 1996–2 I.R.B. 18
96–12, 1996–3 I.R.B. 30

See footnote at the end of list.

14

Revenue Rulings:

Treasury Decisions:
8630, 1996–3 I.R.B. 19
8631, 1996–3 I.R.B. 7
8632, 1996–4 I.R.B. 6
8633, 1996–4 I.R.B. 20
8634, 1996–3 I.R.B. 17
8635, 1996–3 I.R.B. 5
8636, 1996–4 I.R.B. 64
8637, 1996–4 I.R.B. 29
8638, 1996–5 I.R.B. 5
8639, 1996–5 I.R.B. 12

SEQ 0044 JOB E18-052-002 PAGE-0015 FINDING LIST
REVISED 01JUL96 AT 02:58 BY LR DEPTH: 65.01 PICAS WIDTH 32.08 PICAS
COMPOSITE COLOR
778/20052/1JUL96/E18-052

Numerical Finding List1—Continued
Bulletins 1996–1 through 1996–20
Treasury Decisions—Continued
8640, 1996–2 I.R.B. 10
8641, 1996–6 I.R.B. 4
8642, 1996–7 I.R.B. 4
8643, 1996–11 I.R.B. 4
8644, 1996–7 I.R.B. 16
8645, 1996–8 I.R.B. 4
8646, 1996–8 I.R.B. 10
8647, 1996–9 I.R.B. 7
8648, 1996–10 I.R.B. 23
8649, 1996–9 I.R.B. 5
8650, 1996–10 I.R.B. 5
8651, 1996–11 I.R.B. 24
8652, 1996–11 I.R.B. 11
8653, 1996–12 I.R.B. 4
8654, 1996–11 I.R.B. 14
8655, 1996–12 I.R.B. 9
8656, 1996–13 I.R.B. 9
8657, 1996–14 I.R.B. 4
8658, 1996–14 I.R.B. 13
8659, 1996–16 I.R.B. 4
8660, 1996–17 I.R.B. 4
8661, 1996–17 I.R.B. 7
8664, 1996–20 I.R.B. 7
8667, 1996–20 I.R.B. 4

1A cumulative list of all Revenue Rulings,
Revenue Procedures, Treasury Decisions, etc.,
published in Internal Revenue Bulletins 1995–
27 through 1995–52 will be found in Internal
Revenue Bulletin 1996–1, dated January 2,
1996.

15

SEQ 0045 JOB E18-052-002 PAGE-0016 FINDING LIST
REVISED 01JUL96 AT 02:58 BY LR DEPTH: 65.01 PICAS WIDTH 41.11 PICAS
COMPOSITE COLOR
778/20052/1JUL96/E18-052

Revenue Procedures—Continued

Revenue Procedures—Continued

92–85
Modified by
96–1, 1996–1 I.R.B. 8

95–7
Superseded by
96–7, 1996–1 I.R.B. 185

93–16
Superseded by
96–11, 1996–2 I.R.B. 18

95–8
Superseded by
96–8, 1996–1 I.R.B. 187

93–46
Superseded in part by
96–17, 1996–4 I.R.B. 69

95–13
Superseded by
96–20, 1996–4 I.R.B. 88

239
Amended by
239 (Rev. 1), 1996–7 I.R.B. 49

Superseded by
96–18, 1996–4 I.R.B. 73

Revenue Procedures:

94–16
Modified by
96–29, 1996–16 I.R.B. 24

95–20
Superseded by
96–24, 1996–5 I.R.B. 28

Finding List of Current Action on
Previously Published Items1
Bulletins 1996–1 through 1996–20
*Denotes entry since last publication
Delegation Orders:
232 (Rev. 1)
Superseded by
232 (Rev. 2), 1996–7 I.R.B. 49

65–17
Modified by
96–14, 1996–3 I.R.B. 41
66–49
Modified by
96–15, 1996–3 I.R.B. 41

94–18
Superseded in part by
96–17, 1996–4 I.R.B. 69
Superseded by
96–18, 1996–4 I.R.B. 73

88–32
Obsoleted by
96–15, 1996–3 I.R.B. 41

94–59
Superseded in part by
96–17, 1996–4 I.R.B. 69

88–33
Obsoleted by
96–15, 1996–3 I.R.B. 41

Superseded by
96–18, 1996–4 I.R.B. 73

89–19
Superseded by
96–17, 1996–4 I.R.B. 69
89–48
Superseded in part by
96–17, 1996–4 I.R.B. 69
91–22
Modified by
96–1, 1996–1 I.R.B. 8
91–22
Amplified by
96–13, 1996–3 I.R.B. 31
91–23
Superseded by
96–13, 1996–3 I.R.B. 31
91–24
Superseded by
96–14, 1996–3 I.R.B. 41
91–26
Superseded by
96–13, 1996–3 I.R.B. 31
92–20
Modified by
96–1, 1996–1 I.R.B. 8
96–31, 1996–20 I.R.B. 11

94–62
Modified by
96–29, 1996–16 I.R.B. 24
94–77
Superseded by
96–28, 1996–14 I.R.B. 31
95–1
Superseded by
96–1, 1996–1 I.R.B. 8
95–2
Superseded by
96–2, 1996–1 I.R.B. 60
95–3
Superseded by
96–3, 1996–1 I.R.B. 82
95–4
Superseded by
96–4, 1996–1 I.R.B. 94
95–5
Superseded by
96–5, 1996–1 I.R.B. 129
95–6
Superseded by
96–6, 1996–1 I.R.B. 151
95–66
Modified by
96–25, 1996–19 I.R.B. 4

1A cumulative finding list for previously
published items mentioned in Internal Revenue
Bulletins 1995–27 through 1995–52 will be
found in Internal Revenue Bulletin 1996–1, dated
January 2, 1996.

16

95–50
Superseded by
96–3, 1996–1 I.R.B. 82
96–3
Amplified by
96–12, 1996–3 I.R.B. 30
Revenue Rulings:
66–307
Obsoleted by
96–3, 1996–2 I.R.B. 14
72–437
Modified by
96–13, 1996–3 I.R.B. 31
80–80
Obsoleted by
96–3, 1996–2 I.R.B. 14
82–80
Modified by
96–14, 1996–3 I.R.B. 41
92–19
Supplemented in part
96–2, 1996–2 I.R.B. 5
92–75
Clarified by
96–13, 1996–3 I.R.B. 31
95–10
Supplemented and superseded by
96–4, 1996–3 I.R.B. 16
95–11
Supplemented and superseded by
96–5, 1996–3 I.R.B. 29
96–24
Modified and amplified by
96–24A, 1996–15 I.R.B. 12

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Airs%3Af2cd6a9dbb2efae1. Public record. Not legal advice.