us-irs-announcements-irb-2009-13-pdf•Internal Revenue Bulletin 2009-13 (PDF rendition): IRS Announcements
Internal Revenue Bulletin 2009-13 (PDF rendition): IRS Announcements
us-irs-announcements-irb-2009-13-pdfInternal Revenue Bulletin 2009-13 (PDF rendition): IRS AnnouncementsGuidance
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Bulletin No. 200 9-13 March 30, 2009 HIGHLIGHTS OF THIS ISSUE These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. INCOME TAX Rev. Rul. 2009–7, page 717. Interest rates; underpayments and overpayments.The rates of interest determined under section 6621 of the Code for the calendar quarter beginning April 1, 2009, will be 4 per- cent for overpayments (3 percent in the case of a corporation), 4 percent for underpayments, and 6 percent for large corpo- rate underpayments. The rate of interest paid on the portion of a corporate overpayment exceeding $10,000 will be 1.5 per- cent. Notice 2009–21, page 724. Low-income housing tax credit; private activity bonds. Resident populations of the 50 states, the District of Columbia, Puerto Rico, and the insular areas are provided for purposes of determining the 2009 calendar year (1) state housing credit ceiling under section 42(h) of the Code, (2) private activity bond volume cap under section 146, and (3) private activity bond volume limit under section 142(k). EXEMPT ORGANIZATIONS Announcement 2009–21, page 730. The IRS has revoked its determination that Homebuyer Gift Charity, Inc., of Greensburg, PA, qualifies as an organization described in sections 501(c)(3) and 170(c)(2) of the Code. Announcement 2009–22, page 731. A list is provided of organizations now classified as private foun- dations. EXCISE TAX REG–116699–07, page 727. Proposed regulations under section 4481 of the Code provide guidance on mandatory electronic filing of Form 2290,“Heavy Highway Vehicle Use Tax Return,”for 25 or more vehicles; credits or refunds for sold, destroyed or stolen vehicles; and paying tax on the use of certain second-hand vehicles. ADMINISTRATIVE Announcement 2009–23, page 731. This document contains a correction to final regulations (T.D. 9446, 2009–9 I.R.B. 607) under section 367(a) of the Code concerning gain recognition agreements filed by United States persons with respect to transfers of stock or securities to for- eign corporations. Announcements of Disbarments and Suspensions begin on page 732. Fi nding Lists begin on page ii. Index for January through March begins on page iv. The IRS Mission Provide Americ a’s taxpayers top quality service by helping them understand an d meet their tax responsibilities and by applying the tax law with integrity and fairness to all. 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 Conven- tions, 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 are compiled 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 sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, mod- ify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indi- cated. Procedures relating solely to matters of internal man- agement 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.—19 86 Code. This part i ncludes rulings and decisions based on provisions of the Intern al Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Leg- islation 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 Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secre- tary (Enforcement). Part IV .—Items of General Interest. This par t includes notices of proposed rulemakings, disbar- ment an d suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The c ontents 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. March 30, 20092009–13 I.R.B. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 6621. —Determina- tion of Rate of Interest 26 CFR 301.662 1–1: Interest rate. Interest rate s; underpayments and overpayments .The rates of interest de- termined unde rsection6621oftheCode for the calen dar quarter beginning April 1, 2009, will be 4 percent for overpayments (3 percent in the case of a corporation), 4 percent for u nderpayments, and 6 percent for large co rporate underpayments. The rate of inte rest paid on the portion of a corporate o verpayment exceeding $10,000 will be 1.5 p ercent. Rev. Rul. 20 09–7 Section 66 21 of the Internal Revenue Code estab lishes the rates for interest on tax over payments and tax underpay- ments. Und er section 6621(a)(1), the overpayme nt rate is the sum of the federal short-te rm rate plus 3 percentage points (2 percen tage points in the case of a cor- poration ), except the rate for the portion of a corpo rate overpayment of tax exceed- ing $10,0 00 for a taxable period is the sum of th e federal short-term rate plus 0.5 of a p ercentage point. Under section 6621(a) (2), the underpayment rate is the sum of th e federal short-term rate plus 3 percent age points. Section 6621(c) provides that for pur- poses of interest payable under section 6601 on any large corporate underpay- ment, t he underpayment rate under section 6621(a )(2) is determined by substituting “5 perc entage points” for “3 percentage points .” See section 6621(c) and section 301.6 621–3 of the Regulations on Proce- dure a nd Administration for the definition of a la rge corporate underpayment and for the rules f or determining the appli- cable date. Se ction 6621(c) and section 301.6621–3 ar e generally effective for periods afte r December 31, 1990. Section 6621( b)(1) provides that the Secretary wi ll determine the federal short-term r ate for the first month in each calendar qua rter. Section 6621 (b)(2)(A) provides that the federal shor t-term rate determined under section 6621 (b)(1) for any month applies during the f irst calendar quarter beginning after that m onth. Section 6621(b)(2)(B) provides th at in determining the addition to tax under se ction6654forfailuretopayes- timated ta x for any taxable year, the federal short-ter m rate that applies during the third month foll owing the taxable year also ap- plies duri ng the first 15 days of the fourth month fol lowing the taxable year. Sec- tion 6621 (b)(3) provides that the federal short-te rm rate for any month is the fed- eral shor t-term rate determined during that monthbyt he Secretary in accordance with section 1 274(d), rounded to the nearest full percent (or, if a multiple of 1 /2of 1 percent, the rate is increased to the next highest full percent ). Notice 8 8–59, 1988–1 C.B. 546, an- nounced that, in determining the quarterly interes t rates to be used for overpayments and und erpayments of tax under section 6621, t he Internal Revenue Service will use the federal short-term rate based on daily c ompounding because that rate is most co nsistent with section 6621 which, pursu ant to section 6622, is subject to daily compo unding. The fe deral short-term rate determined in acc ordance with section 1274(d) during Janua ry 2009 is the rate published in Rev- enue R uling 2009–5 to take effect begin- ning F ebruary 1, 2009. The federal short- term rate, rou nded to the nearest full per- cent, based on daily compounding deter- mined during t he month of January 2009 is 1 percent. Accordingly, an overpayment rate of 4 perc ent (3 percent in the case of a corporation ) and an underpayment rate of 4 percent are established for the calendar quarter beg inning April 1, 2009. The over- payment rat e for the portion of a corporate overpaymen t exceeding $10,000 for the calendar qu arter beginning April 1, 2009, is 1.5 perce nt. The underpayment rate for large corp orate underpayments for the cal- endar quar ter beginning April 1, 2009, is 6 percent. These rates apply to amounts bearing in terest during that calendar quar- ter. Under sect ion 6621(b)(2)(B), the rate for deter mining the addition to tax for fail- ure to pay estimated tax for the first 15 days in Ap ril 2009 is the 5 percent rate that applied t o underpayments of tax during the first cal endar quarter in 2009. Interest factors for daily compound in- terest fo r annual rates of 1.5 percent, 3 per- cent, 4 p ercent, and 6 percent are published in Table s 8, 11, 13, and 17 of Rev. Proc. 95–17, 1 995–1 C.B. 556, 562, 565, 567, and 571. Annual i nterest rates to be compounded daily pu rsuant to section 6622 that apply for pri or periods are set forth in the tables accomp anying this revenue ruling. DRAFTI NG INFORMATION The pri ncipal author of this revenue rul- ing is D eborah Colbert-James of the Of- fice of Associate Chief Counsel (Proce- dure & A dministration). For further infor- matio n regarding this revenue ruling, con- tact M s. Colbert-James at (202) 622–8143 (not a toll-free call). 2009–13 I.R.B.717March 30, 2009 TABLE OF INTEREST RATES PERIODS BEFORE JUL. 1, 1975 — PERIODS ENDING DEC. 31, 1986 OVERPAYMENTS AND UNDERPAYMENTS PERIODRATE In 1995–1 C.B. DAILY RATE TABLE Before Jul. 1, 1975 6% Table 2, pg. 557 Jul. 1, 1975—Jan. 31, 1976 9% Table 4, pg. 559 Feb. 1, 1976—Jan. 31, 19787% Table 3, pg. 558 Feb. 1, 1978—Jan. 31, 19806% Table 2, pg. 557 Feb. 1, 1980—Jan. 31, 198212% Table 5, pg. 560 Feb. 1, 1982—Dec. 31, 198220% Table 6, pg. 560 Jan. 1, 1983—Jun. 30, 198316% Table 37, pg. 591 Jul. 1, 1983—Dec. 31, 198311% Table 27, pg. 581 Jan. 1, 1984—Jun. 30, 198411% Table 75, pg. 629 Jul. 1, 1984—Dec. 31, 198411% Table 75, pg. 629 Jan. 1, 1985—Jun. 30, 1985 13% Table 31, pg. 585 Jul. 1, 1985—Dec. 31, 1985 11% Table 27, pg. 581 Jan. 1, 1986—Jun. 30, 198610% Table 25, pg. 579 Jul. 1, 1986—Dec. 31, 19869% Table 23, pg. 577 TABLE OF INTEREST RATES FROM JAN. 1, 1987 — DEC. 31, 1998 OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Jan. 1, 1987—Mar. 31, 19878%21 575 9%23 577 Apr. 1, 1987 —Jun. 30, 1987 8%21 575 9%23 577 Jul. 1, 1987—Sep. 30, 19878%21 575 9%23 577 Oct. 1, 1987—Dec. 31, 19879%23 577 10% 25579 Jan. 1, 198 8—Mar. 31, 1988 10%7362711% 75 629 Apr. 1, 1988—Jun. 30, 19889%71 625 10%73627 Jul. 1, 1988—Sep. 30, 19889%71 625 10%73627 Oct. 1, 19 88—Dec. 31, 1988 10%7362711% 75 629 Jan. 1, 1989—Mar. 31, 198910% 25579 11%27 581 Apr. 1, 1989—Jun. 30, 198911%27 581 12%29 583 Jul. 1, 1 989—Sep. 30, 1989 11%27 581 12%29 583 Oct. 1, 1989—Dec. 31, 198910% 25579 11%27 581 Jan. 1, 1990—Mar. 31, 199010% 25579 11%27 581 Apr. 1, 1990—Jun. 30, 1990 10% 25579 11%27 581 Jul. 1, 1990—Sep. 30, 199010% 25579 11%27 581 Oct. 1, 1990—Dec. 31, 199010% 25579 11%27 581 Jan. 1, 1991—Mar. 31, 1991 10% 25579 11%27 581 Apr. 1, 1991—Jun. 30, 19919%23 577 10% 25579 Jul. 1, 1991—Sep. 30, 19919%23 577 10% 25579 Oct. 1 , 1991—Dec. 31, 1991 9%23 577 10% 25579 Jan. 1, 1992—Mar. 31, 19928%696239%71 625 Apr. 1, 1992—Jun. 30, 19927%676218%69623 Jul. 1, 1992—Sep. 30, 1992 7%676218%69623 Oct. 1, 1992—Dec. 31, 19926% 65 6197%67621 Jan. 1, 1993—Mar. 31, 19936%17 571 7%19 573 Apr . 1, 1993—Jun. 30, 1993 6%17 571 7%19 573 Jul. 1, 1993—Sep. 30, 19936%17 571 7%19 573 Oct. 1, 1993—Dec. 31, 19936%17 571 7%19 573 Ja n. 1, 1994—Mar. 31, 1994 6%17 571 7%19 573 Apr. 1, 1994—Jun. 30, 19946%17 571 7%19 573 Jul. 1, 1994—Sep. 30, 19947%19 57 3 8%21 57 5 March 30, 20097182009–13 I.R.B. TABLE OF INTEREST RATES FROM JAN. 1, 1987 — DEC. 31, 1998 – Continued OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Oct. 1, 1994—Dec. 31, 19948%21 575 9%23 577 Jan. 1, 1995—Ma r. 31, 1995 8%21 575 9%23 577 Apr. 1, 1995—Jun. 30, 1995 9%23 577 10% 25579 Jul. 1, 1995—Sep. 30, 1995 8%21 575 9%23 577 Oct. 1, 1995—D ec. 31, 1995 8%21 575 9%23 577 Jan. 1, 1996—M ar. 31, 1996 8%696239%71 625 Apr. 1, 1996—Jun. 30, 19967%676218%69623 Jul. 1, 1996—Sep. 30, 19968%696239%71 625 Oct. 1, 1996— Dec. 31, 1996 8%696239%71 625 Jan. 1, 1997—Mar. 31, 19978%21 575 9%23 577 Apr. 1, 1997—Jun. 30, 19978%21 575 9%23 577 Jul. 1, 1997 —Sep. 30, 1997 8%21 575 9%23 577 Oct. 1, 1997—Dec. 31, 19978%21 575 9%23 577 Jan. 1, 1998—Mar. 31, 19988%21 575 9%23 577 Apr. 1, 1998 —Jun. 30, 1998 7%19 573 8%21 575 Jul. 1, 1998—Sep. 30, 19987%19 573 8%21 575 Oct. 1, 1998—Dec. 31, 19987%19 573 8%21 575 TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT NONCORPORATE OVERPAYMENTS AND UNDERPAYMENTS 1995–1 C.B . RATETABLEPG Jan. 1, 199 9—Mar. 31, 1999 7%19 573 Apr. 1, 1999—Jun. 30, 19998%21 575 Jul. 1, 1999—Sep. 30, 19998%21 575 Oct. 1, 19 99—Dec. 31, 1999 8%21 575 Jan. 1, 2000—Mar. 31, 20008%69623 Apr. 1, 2000—Jun. 30, 20009%71 625 Jul. 1, 2 000—Sep. 30, 2000 9%71 625 Oct. 1, 2000—Dec. 31, 20009%71 625 Jan. 1, 2001—Mar. 31, 20019%23 577 Apr. 1, 2 001—Jun. 30, 2001 8%21 575 Jul. 1, 2001—Sep. 30, 20017%19 573 Oct. 1, 2001—Dec. 31, 20017%19 573 Jan. 1, 2002—Mar. 31, 2002 6%17 571 Apr. 1, 2002—Jun. 30, 20026%17 571 Jul. 1, 2002—Sep. 30, 20026%17 571 Oct. 1 , 2002—Dec. 31, 2002 6%17 571 Jan. 1, 2003—Mar. 31, 2003 5%15569 Apr. 1, 2003—Jun. 30, 2003 5%15569 Jul. 1, 2003—Sep. 30, 2003 5%15569 Oct. 1, 2003—Dec. 31, 20034%13 567 Jan. 1, 2004—Mar. 31, 20044%61 615 Apr . 1, 2004—Jun. 30, 2004 5% 63617 Jul. 1, 2004—Sep. 30, 20044%61 615 Oct. 1, 2004—Dec. 31, 2004 5% 63617 Jan. 1, 2005—Mar. 31, 20055%15569 Apr. 1, 2005—Jun. 30, 2005 6%17 571 Ju l. 1, 2005—Sep. 30, 2005 6%17 57 1 Oct. 1, 2005—Dec. 31, 2005 7%19 573 Jan. 1, 2006—Mar. 31, 20067%19 573 2009–13 I.R.B.719March 30, 2009 TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT – Continued NONCORPORATE OVERPAYMENTS AND UNDERPAYMENTS 1995–1 C.B. RATETABLEPG Apr. 1, 2006—Jun. 30, 20067%19 573 Jul. 1, 2006—Sep. 30, 20068%21 575 Oct. 1, 2006—Dec. 31, 20068%21 575 Jan. 1, 2007—Mar. 31, 20078%21 575 Apr. 1, 2007—Jun. 30, 20078%21 575 Jul. 1, 2007—Sep. 30, 20078%21 575 Oct. 1, 2007—Dec. 31, 20078%21 575 Jan. 1, 2008—Mar. 31, 20087%67621 Apr. 1, 2008—Jun. 30, 20086% 65 619 Jul. 1, 2008—Sep. 30, 2008 5% 63617 Oct. 1, 2008—Dec. 31, 20086% 65 619 Jan. 1, 2009—Mar. 31, 2009 5%15569 Apr. 1, 2009—Jun. 30, 20094%13 567 TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT CORPORATE OVERPAYMENTS AND UNDERPAYMENTS OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Jan. 1, 1999—Mar. 31, 19996%17 571 7%19 573 Apr. 1, 1999 —Jun. 30, 1999 7%19 573 8%21 575 Jul. 1, 1999—Sep. 30, 19997%19 573 8%21 575 Oct. 1, 1999—Dec. 31, 19997%19 573 8%21 575 Jan. 1, 200 0—Mar. 31, 2000 7%676218%69623 Apr. 1, 2000—Jun. 30, 20008%696239%71 625 Jul. 1, 2000—Sep. 30, 20008%696239%71 625 Oct. 1, 20 00—Dec. 31, 2000 8%696239%71 625 Jan. 1, 2001—Mar. 31, 20018%21 575 9%23 577 Apr. 1, 2001—Jun. 30, 20017%19 573 8%21 575 Jul. 1, 2 001—Sep. 30, 2001 6%17 571 7%19 573 Oct. 1, 2001—Dec. 31, 20016%17 571 7%19 573 Jan. 1, 2002—Mar. 31, 2002 5%15569 6%17 571 Apr. 1, 2 002—Jun. 30, 2002 5%15569 6%17 571 Jul. 1, 2002—Sep. 30, 2002 5%15569 6%17 571 Oct. 1, 2002—Dec. 31, 2002 5%15569 6%17 571 Jan. 1, 2003—Mar. 31, 2003 4%13 5675%15569 Apr. 1, 2003—Jun. 30, 20034%13 5675%15569 Jul. 1, 2003—Sep. 30, 20034%13 5675%15569 Oct. 1 , 2003—Dec. 31, 2003 3%11 565 4%13 567 Jan. 1, 2004—Mar. 31, 20043% 59 6134%61 615 Apr. 1, 2004—Jun. 30, 20044%61 6155% 63617 Jul. 1, 2004—Sep. 30, 2004 3% 59 6134%61 615 Oct. 1, 2004—Dec. 31, 20044%61 6155% 63617 Jan . 1, 2005—Mar. 31, 2005 4%13 5675%15569 Apr. 1, 2005—Jun. 30, 20055%15569 6%17 571 Jul. 1, 2005—Sep. 30, 20055%15569 6%17 571 Oct . 1, 2005—Dec. 31, 2005 6%17 571 7%19 573 Jan . 1, 2006—Mar. 31, 2006 6%17 571 7%19 573 Apr. 1, 2006—Jun. 30, 20066%17 571 7%19 573 Jul. 1, 2006—Sep. 30, 20067%19 57 3 8%21 57 5 March 30, 20097202009–13 I.R.B. TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT – Continued CORPORATE OVERPAYMENTS AND UNDERPAYMENTS OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Oct. 1, 2006—Dec. 31, 20067%19 573 8%21 575 Jan. 1, 2007—Mar. 31, 20077%19 573 8%21 575 Apr. 1, 2007—Ju n. 30, 2007 7%19 573 8%21 575 Jul. 1, 2007—Sep. 30, 20077%19 573 8%21 575 Oct. 1, 2007—Dec. 31, 20077%19 573 8%21 575 Jan. 1, 2008—M ar. 31, 2008 6% 65 6197%67621 Apr. 1, 2008—Jun. 30, 2008 5% 636176% 65 619 Jul. 1, 2008—Sep. 30, 20084%61 6155% 63617 Oct. 1, 2008— Dec. 31, 2008 5% 636176% 65 619 Jan. 1, 2009—Mar. 31, 20094%13 5675%15569 Apr. 1, 2009—Jun. 30, 20093%11 565 4%13 567 TABLE OF INTEREST RATES FOR LARGE CORPOR ATE UNDERPAYMENTS FROM JANUARY 1, 1991 — PRESENT 1995–1 C.B. RATETABLEPG Jan. 1, 1991—Mar. 31, 199113%31 585 Apr. 1, 1991—Jun. 30, 199112%29 583 Jul. 1, 1991 —Sep. 30, 1991 12%29 583 Oct. 1, 1991—Dec. 31, 199112%29 583 Jan. 1, 1992—Mar. 31, 199211% 75 629 Apr. 1, 199 2—Jun. 30, 1992 10%73627 Jul. 1, 1992—Sep. 30, 199210%73627 Oct. 1, 1992—Dec. 31, 19929%71 625 Jan. 1, 19 93—Mar. 31, 1993 9%23 577 Apr. 1, 1993—Jun. 30, 19939%23 577 Jul. 1, 1993—Sep. 30, 19939%23 577 Oct. 1, 1 993—Dec. 31, 1993 9%23 577 Jan. 1, 1994—Mar. 31, 19949%23 577 Apr. 1, 1994—Jun. 30, 19949%23 577 Jul. 1, 1 994—Sep. 30, 1994 10% 25579 Oct. 1, 1994—Dec. 31, 199411%27 581 Jan. 1, 1995—Mar. 31, 1995 11%27 581 Apr. 1, 1995—Jun. 30, 1995 12%29 583 Jul. 1, 1995—Sep. 30, 1995 11%27 581 Oct. 1 , 1995—Dec. 31, 1995 11%27 581 Jan. 1 , 1996—Mar. 31, 1996 11% 75 629 Apr. 1, 1996—Jun. 30, 199610%73627 Jul. 1, 1996—Sep. 30, 199611% 75 629 Oct. 1, 1996—Dec. 31, 1996 11% 75 629 Jan. 1, 1997—Mar. 31, 199711%27 581 Apr. 1, 1997—Jun. 30, 199711%27 581 Jul . 1, 1997—Sep. 30, 1997 11%27 581 Oct. 1, 1997—Dec. 31, 199711%27 581 Jan. 1, 1998—Mar. 31, 199811%27 581 Apr . 1, 1998—Jun. 30, 1998 10% 25579 Jul. 1, 1998—Sep. 30, 199810% 25579 Oct. 1, 1998—Dec. 31, 199810% 2557 9 Ja n. 1, 1999—Mar. 31, 1999 9%23 577 Apr. 1, 1999—Jun. 30, 199910% 25579 2009–13 I.R.B.721March 30, 2009 TABLE OF INTEREST RATES FOR LARGE CORPORATE UNDERPAYMENTS FROM JANUARY 1, 1991 — PRESENT – Continued 1995–1 C.B. RATETABLEPG Jul. 1, 1999—Sep. 30, 199910% 25579 Oct. 1, 1999—Dec. 31, 199910% 25579 Jan. 1, 2000—Mar. 31, 200010%73627 Apr. 1, 2000—Jun. 30, 200011% 75 629 Jul. 1, 2000—Sep. 30, 200011% 75 629 Oct. 1, 2000—Dec. 31, 200011% 75 629 Jan. 1, 2001—Mar. 31, 200111%27 581 Apr. 1, 2001—Jun. 30, 200110% 25579 Jul. 1, 2001—Sep. 30, 20019%23 577 Oct. 1, 2001—Dec. 31, 20019%23 577 Jan. 1, 2002—Mar. 31, 20028%21 575 Apr. 1, 2002—Jun. 30, 20028%21 575 Jul. 1, 2002—Sep. 30, 20028%21 575 Oct. 1, 2002—Dec. 30, 20028%21 575 Jan. 1, 2003—Mar. 31, 20037%19 573 Apr. 1, 2003—Jun. 30, 20037%19 573 Jul. 1, 2003—Sep. 30, 20037%19 573 Oct. 1, 2003—Dec. 31, 20036%17 571 Jan. 1, 2004—Mar. 31, 20046% 65 619 Apr. 1, 2004—Jun. 30, 20047%67621 Jul. 1, 2004—Sep. 30, 20046% 65 619 Oct. 1, 2004—Dec. 31, 20047%67621 Jan. 1, 2005—Mar. 31, 2005 7%19 573 Apr. 1, 2005—Jun. 30, 2005 8%21 575 Jul. 1, 2005—Sep. 30, 2005 8%21 575 Oct. 1, 2005—Dec. 31, 2005 9%23 577 Jan. 1, 2006—Mar. 31, 20069%23 577 Apr. 1, 2006—Jun. 30, 20069%23 577 Jul. 1, 2006—Sep. 30, 200610% 25579 Oct. 1, 2006—Dec. 31, 200610% 25579 Jan. 1, 2007—Mar. 31, 200710% 25579 Apr. 1, 2007—Jun. 30, 200710% 25579 Jul. 1, 2007—Sep. 30, 200710% 25579 Oct. 1, 2007—Dec. 31, 200710% 25579 Jan. 1, 2008—Mar. 31, 20089%71 625 Apr. 1, 2008—Jun. 30, 20088%69623 Jul. 1, 2008—Sep. 30, 20087%67621 Oct. 1, 2008—Dec. 31, 20088%69623 Jan. 1, 2009—Mar. 31, 20097%19 573 Apr. 1, 2009—Jun. 30, 20096%17 571 TABLE OF INTEREST RATES FOR CORPORATE OVERPAYMENTS EXCEEDING $10,000 F ROM JANUARY 1, 1995 — PRESENT 1995–1 C.B. RATETABLEPG Jan. 1, 1995—Mar. 31, 19956.5% 18 572 Apr. 1, 1995—Jun. 30, 19957.5% 20 574 Jul. 1, 1995—Sep. 30, 19956.5% 18 572 Oct. 1, 1995—Dec. 31, 19956.5% 18 572 Jan. 1, 1996—Mar. 31, 1996 6.5% 66620 Apr. 1, 1996—Jun. 30, 1996 5.5% 64618 March 30, 20097222009–13 I.R.B. TABLE OF INTEREST RATES FOR CORPORATE OVERPAYMENTS E XCEEDING $10,000 FROM JANUARY 1, 1995 — PRESENT – Continued 1995–1 C.B. RATETABLEPG Jul. 1, 1996—Sep. 30, 1996 6.5% 66620 Oct. 1, 1996—Dec. 31, 1996 6.5% 66620 Jan. 1, 1997—Mar. 31, 1997 6.5% 18 572 Apr. 1, 1997—Jun. 30, 1997 6.5% 18 572 Jul. 1, 1997—Sep. 30, 1997 6.5% 18 572 Oct. 1, 1997—Dec. 31, 1997 6.5% 18 572 Jan. 1, 1998—Mar. 31, 1998 6.5% 18 572 Apr. 1, 1998—Jun. 30, 1998 5.5% 16 570 Jul. 1, 1998—Sep. 30, 1998 5.5% 16 570 Oct. 1, 1998—Dec. 31, 1998 5.5% 16 570 Jan. 1, 1999—Mar. 31, 1999 4.5% 14 568 Apr. 1, 1999—Jun. 30, 1999 5.5% 16 570 Jul. 1, 1999—Sep. 30, 1999 5.5% 16 570 Oct. 1, 1999—Dec. 31, 1999 5.5% 16 570 Jan. 1, 2000—Mar. 31, 2000 5.5% 64618 Apr. 1, 2000—Jun. 30, 2000 6.5% 66620 Jul. 1, 2000—Sep. 30, 2000 6.5% 66620 Oct. 1, 2000—Dec. 31, 2000 6.5% 66620 Jan. 1, 2001—Mar. 31, 2001 6.5% 18 572 Apr. 1, 2001—Jun. 30, 2001 5.5% 16 570 Jul. 1, 2001—Sep. 30, 2001 4.5% 14 568 Oct. 1, 2001—Dec. 31, 2001 4.5% 14 568 Jan. 1, 2002—Mar. 31, 2002 3.5% 12 566 Apr. 1, 2002—Jun. 30, 2002 3.5% 12 566 Jul. 1, 2002—Sep. 30, 2002 3.5% 12 566 Oct. 1, 2002—Dec. 31, 2002 3.5% 12 566 Jan. 1, 2003—Mar. 31, 2003 2.5% 10 564 Apr. 1, 2003—Jun. 30, 2003 2.5% 10 564 Jul. 1, 2003—Sep. 30, 2003 2.5% 10 564 Oct. 1, 2003—Dec. 31, 2003 1.5% 8 562 Jan. 1, 2004—Mar. 31, 2004 1.5%56 610 Apr. 1, 2004—Jun. 30, 2004 2.5%58 612 Jul. 1, 2004—Sep. 30, 2004 1.5%56 610 Oct. 1, 2004—Dec. 31, 2004 2.5%58 612 Jan. 1, 2005—Mar. 31, 20052.5% 10 564 Apr. 1, 2005—Jun. 30, 20053.5% 12 566 Jul. 1, 2005—Sep. 30, 20053.5% 12 566 Oct. 1, 2005—Dec. 31, 20054.5% 14 568 Jan. 1, 2006—Mar. 31, 2006 4.5% 14 568 Apr. 1, 2006—Jun. 30, 2006 4.5% 14 568 Jul. 1, 2006—Sep. 30, 2006 5.5% 16 570 Oct. 1, 2006—Dec. 31, 2006 5.5% 16 570 Jan. 1, 2007—Mar. 31, 2007 5.5% 16 570 Apr. 1, 2007—Jun. 30, 2007 5.5% 16 570 Jul. 1, 2007—Sep. 30, 2007 5.5% 16 570 Oct. 1, 2007—Dec. 31, 2007 5.5% 16 570 Jan. 1, 2008—Mar. 31, 2008 4.5% 62616 Apr. 1, 2008—Jun. 30, 2008 3.5% 60614 Jul. 1, 2008—Sep. 30, 2008 2.5%58 612 Oct. 1, 2008—Dec. 31, 2008 3.5% 60614 Jan. 1, 2009—Mar. 31, 2009 2.5% 10 564 Apr. 1, 2009—Jun. 30, 2009 1.5% 8 562 2009–13 I.R.B.723March 30, 2009 Part III. Administrative, Procedural, and Miscellaneous 2009 Calendar Year Resident Population Estimates Notice 2009–21 This notice informs (1) State and lo- cal housing credit agencies that allocate low-income housing tax credits under § 42 of the Internal Revenue Code and (2) States and other issuers of tax-exempt private activity bonds under § 141, of the proper population figures to be used for calculating the 2009 calendar year population-based component of the State housing credit ceiling (Credit Ceiling) under § 42(h)(3)(C)(ii), the 2009 calen- dar year volume cap (Volume Cap) under § 146, and the 2009 volume limit (Volume Limit) under § 142(k)(5). The population figures for both the population-based component of the Credit Ceiling and the Volume Cap are deter- mined by reference to § 146(j). That section provides generally that determina- tions of population for any calendar year are made on the basis of the most recent census estimate of the resident population of a State (or issuing authority) released by the U.S. Census Bureau before the beginning of such calendar year. Section 142(k)(5) provides that the Volume Limit is based on the State population. The population-based component of the Credit Ceiling and the Volume Cap are adjusted for inflation pursuant to §§ 42(h)(3)(H) and 146(d)(2), respec- tively. The adjustments for the 2009 calendar year were published in Rev. Proc. 2008–66, 2008–45 I.R.B. 1107. Section 3.07 of Rev. Proc. 2008–66 provides that, for calendar year 2009, the amounts used under § 42(h)(3)(C)(ii) to calculate the Credit Ceiling is the greater of $2.30 multiplied by the State population (see the resident population figures provided below) or $2,665,000. Further, section 3.15 of Rev. Proc. 2008–66 provides that the amounts used under § 146(d)(1) to calculate the Volume Cap for calendar year 2009 is the greater of $90 multiplied by the State population (see the resident population figures provided below) or $273,270,000. The proper population figures for calcu- lating the Credit Ceiling, the Volume Cap, and the Volume Limit for the 2009 cal- endar year are the estimates of the resi- dent population of the 50 states, the Dis- trict of Columbia, and Puerto Rico released electronically by the U.S. Census Bureau on December 22, 2008, in Press Release CB08–187. The proper population figures for calculating the Credit Ceiling, the Vol- ume Cap, and the Volume Limit for the 2009 calendar year for Guam, Northern Mariana Islands, and U.S. Virgin Islands, are the figures released electronically by the U.S. Census Bureau on July 17, 2003, and referenced in Census Bureau Tip Sheet TP03–16, dated August 8, 2003. The fig- ures for these three areas are in the U.S. Census Bureau’s International Data Base (IDB) as 2008 midyear population figures. The proper population figure for calculat- ing the Credit Ceiling, the Volume Cap, and the Volume Limit for the 2009 calen- dar year for American Samoa is the figure released electronically by the U.S. Census Bureau in an IDB release note dated June 18, 2008, which is also in the IDB as a 2008 midyear population figure. For con- venience, these estimates and figures are reprinted below. Resident Population Figures Alabama4,661,90 0 Alaska686,293 American Samoa64,827 Arizona 6,500,180 Arkansas 2,855, 390 Califo rnia 36,756,666 Colorado 4,939,456 Connecticut 3,501,252 Delaware873,092 District of Columbia 591,833 Florida18,328,340 Georgia 9,685,744 Guam 17 5,991 H awaii 1 ,288,198 Idaho 1,523,816 Illinois 12,901,563 March 30, 20097242009–13 I.R.B. Indiana6,376,792 Iowa 3,002,555 Kansas2,802,134 Kentucky 4,269,245 Louisiana4,410,796 Maine 1,316,456 Maryland 5,633,597 Massachus etts 6,497,967 Michigan10,003,422 Minnesota 5,220,393 Mississippi2,938,618 Missouri 5,911,6 05 Montana967,440 Nebraska1,783,432 Nevada2,600,167 New Hampshire 1,315,809 New Jersey8,682,661 New Mexico 1,984,356 New Y ork 19,4 90,297 North Carolina9,222,414 North Dakota641,481 Northern Mariana Islands86,616 Ohio 11,485,910 Ok lahoma 3, 642,361 Oregon3,790,060 Pennsylvania12,448,279 Puerto Rico 3,954,037 Rhode Island 1,050,788 South Carolina4,479,800 South Dakota804,194 Tennessee6,214,888 Texas24,326,974 U.S. Virgin Islands109,840 Utah2,736,424 Vermont621,270 Virginia7,769,089 Washington 6,549,224 West Virginia1,814,468 Wisconsin 5,627,967 Wyoming 532,668 2009–13 I.R.B.725March 30, 2009 The principal authors of this notice are Christopher J. Wilson, Office of the As- sociate Chief Counsel (Passthroughs and Special Industries) and Timothy L. Jones, Office of the Associate Chief Counsel (Fi- nancial Institutions and Products). For fur- ther information regarding this notice, con- tact Mr. Wilson at (202) 622–3040 (not a toll-free call). March 30, 20097262009–13 I.R.B. Part IV. Items o fGeneralInterest Notice of Prop osed Rulemaking Highway Use Ta x; Sold Vehicles and E lectronic Filing REG–116699– 07 AGENCY: Inte rnal Revenue Service (IRS), Treas ury. ACTION: Noti ce of proposed rulemaking. SUMMARY: Thi s document contains pro- posed regula tions that provide guidance on mandatory el ectronic filing of Form 2290, “Heavy High way Vehicle Use Tax Return,” for25ormor e vehicles; credits or re- funds for so ld, destroyed or stolen vehi- cles; and pa ying tax on the use of certain second-ha nd vehicles. The regulations re- flect chan ges to the law made by the Amer- ican Jobs C reation Act of 2004. The regu- lations wo uld affect owners and operators of highway motor vehicles with a taxable gross weig ht of 55,000 pounds or more. DATES: Wr itten or electronic comments and reque sts for a public hearing must be received by April 16, 2009. ADDRESSE S: Send submissions to: CC:PA:LP D:PR(REG–116699–07), Room 5203 , Internal Revenue Service, PO Box 7604 , Ben Franklin Station, Wash- ington, DC 20044. Submissions may be hand-de livered to: CC:PA:LPD:PR Mon- day thro ugh Friday between the hours of 8a.m. an d 4 p.m. to: CC:PA:LPD:PR (REG–1 16699–07), Courier’s Desk, Inter- nal Rev enue Service, 1111 Constitution Avenue , NW, Washington, DC, or sent electr onically via the Federal eRulemak- ing Por tal athttp:www.regulations.gov (IRS R EG–116699–07). FOR FU RTHER INFORMATION CONTA CT: Concerning the proposed regul ations, Taylor Cortright, (202) 622–3 130; concerning submissions of comme nts and requests for a public hear- ing,O luwafunmilayo.P.Taylor@irscoun- sel. treas.gov,or (202) 622–7180 (not toll -free numbers). SUPPLEMENTAR Y INFORMATION: Background This document contains proposed amendments to the Excise Tax on Use of Certain Highw ay Motor Vehicles (26 CFR Part 41) under section 4481 of the Internal Revenue Code (Code). Section 4481 was amended by se ction 867 of the American Jobs Creatio n Act of 2004, Public Law 108–357 (118 Stat. 1418) to require elec- tronic filin gofareturnfor25ormore highway mot or vehicles, allow a proration of the tax fo r vehicles that are sold, and eliminate t he ability to pay the tax in in- stallments . Explanatio n of Provisions Section 44 81 imposes an annual tax on the use of h ighway vehicles with a taxable gross weig ht of 55,000 pounds or more. For this pu rpose, the tax year is from July 1 to the foll owing June 30. For vehicles used in July, t he tax is due on August 31 and is filed o n Form 2290,“Heavy Highway Vehicle U se Tax Return.”For vehicles first used in la ter months of the tax year, the tax is pro rated. Thus, for example, for avehicl e that is not used in July but is used in A ugust, the tax is 11 /12of the full rate and the return is due September 30. After a r eturn is filed with the IRS, the IRS will ret urn Schedule 1 of Form 2290 to the taxpay er as proof of payment of the tax. Under 2 3 U.S.C. 141, state governments are req uired to receive proof of payment of the t ax as a condition of registering a vehicl e for highway use. Sectio n 4481(e), as added by the Amer- ican Jo bs Creation Act, provides that any taxpa yer that files a highway use tax re- turn f or 25 or more vehicles for any tax- able p eriod must file the return electron- icall y. The proposed regulations provide that s ubmitting a Form 2290 for 25 or more vehi cles on paper rather than electronically cons titutes a failure to file for purposes of the p enalty under section 6651. In addi- tion , if a Form 2290 for 25 or more vehi- cles is filed on paper rather than electron- ica lly, the regulations provide that the IRS wil l not return to the taxpayer the Schedule 1(F orm 2290), which is necessary to reg- ist er the vehicle with the State. The reg- ulations prov ide guidance on the vehicles that are taken into account in determining whether the “2 5 or more” requirement ap- plies. The regulatio ns provide guidance for claiming a cre dit or refund of the statutory overpayment u pon the sale of a vehicle. The regulati ons also clarify that the trig- gering event for overpayments, and hence the ability t o claim a prorated credit or re- fund of tax pa id, is the sale, destruction, or theft of a ve hicle. The regulati ons clarify that when a ve- hicle is sol d during a tax period, sepa- rate and pro rated taxes are imposed on the use of the ve hicle before the sale and the use after th e sale. The regulations provide rules for t he computation of these taxes. Special An alyses It has been determined that this notice of propose d rulemaking is not a significant regulator y action as defined in Executive Order 1286 6. Therefore, a regulatory as- sessment is not required. It has also been determin ed that section 553(b) of the Ad- ministra tive Procedure Act (5 U.S.C. chap- ter5)doe s not apply to these regulations. Pursuant to the Regulatory Flexibility Act (5 U.S .C. chapter 6), it is hereby cer- tified th at this regulation will not have a signifi cant economic impact on a substan- tial num ber of small entities. The regula- tions af fect owners and operators of high- way moto r vehicles with a taxable gross weight o f 55,000 pounds or more, some of whic h may be small entities. Although a numbe r of small entities may be subject to the r equirements of this rule, any eco- nomic i mpact is minimal. First, the reg- ulatio ns merely implement the electronic filin g requirement under section 4481 and any co st associated with electronic filing is min imal. In addition, the regulations provi de guidance for claiming a refund or credi t when a vehicle is sold during the tax y ear. In order to make the claim, the taxp ayer must submit Form 2290 or Form 8849 ,“Claim for Refund of Excise Taxes.” The i nformation to complete these forms is re adily available to the taxpayer and the for ms take little time to complete. Without the claim information, the IRS could not det ermine taxpayer eligibility or determine the accuracy of the claim. Accordingly, 2009–13 I.R.B.727March 30, 2009 a regulatory flexibility analysis is not re- quired. Pursuant to section 7805(f) of the Code, this regulation has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small entities. Comments and Requests for a Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any written (a signed origi- nal and eight (8) copies) or electronic com- ments that are submitted timely to the IRS. The IRS and the Treasury Department re- quest comments on the clarity of the pro- posed regulations and how they may be made easier to understand. All comments will be available for public inspection and copying. A public hearing will be sched- uled if requested in writing by any 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 theFederal Register. Drafting Information The principal author of these regula- tions is Taylor Cortright, Office of the Associate Chief Counsel (Passthroughs and Special Industries). However, other personnel from the IRS and the Treasury Department participated in their develop- ment. ***** Proposed Amendments to the Regulations Accordingly, 26 CFR part 41 is pro- posedtobeamendedasfollows: PART 41—EXCISE TAX ON USE OF CERTAIN HIGHWAY MOTOR VEHICLES Paragraph 1. The authority citation for part 41 is revised to read as follows: Authority: 26 U.S.C. 7805. Section 41.4482(b)–1 also issued under 26 U.S.C. 4482(b). Section 41.4483–1 also issued under 26 U.S.C. 4483(a). Section 41.4483–2 also issued under 26 U.S.C. 4483(c). Section 41.4483–3 also issued under 26 U.S.C. 4483(d). Section 41.6001–1 also issued under 26 U.S.C. 6001. Section 41.6001–2 also issued under 26 U.S.C. 6001. Section 41.6001–3 also issued under sec. 507, Public Law 100–17 (101 Stat. 260). Section 41.6011(a)–1 also issued under 26 U.S.C. 6011(a). Section41.6071(a)–1alsoissuedunder 26 U.S.C. 6071(a). Section 41.6091–1 also issued under 26 U.S.C. 6091(a). Section 41.6101–1 also issued under 26 U.S.C. 6101. Section 41.6109–1 also issued under 26 U.S.C. 6109(a). Section41.6151(a)–1alsoissuedunder 26 U.S.C. 6151(a). Par. 2. Section 41.4481–1 is amended by: 1. Revising the section heading. 2. Removing the third sentence from paragraph (b). 3. Adding headings to paragraphs (c)(1), (c)(2), and (c)(3). 4. Revising paragraphs (c)(4) and (c)(5). 5. Removing paragraphs (c)(6) and (d). 6. Redesignating paragraph (e) as para- graph (d) and revising the introductory text. 7. In newly-redesignated paragraph (d), revisingExample (3)and addingExample (4). 8. Adding paragraph (e). The additions and revisions read as fol- lows: §41.4481–1 Imposition and computation of tax. ***** (c)***(1)In general.*** (2)Certain prorated taxable periods. *** (3)Increase in taxable gross weight during the taxable period.*** (4)Prorated taxable period for sold, de- stroyed, or stolen vehicles—(i)In general. The tax on a taxpayer’s use of a highway vehicle for a taxable period is determined under paragraph (c)(4)(ii) of this section if— (A) The vehicle is destroyed or stolen before the first day of the last month in the taxable period and is not subsequently used during the period; or (B) The taxpayer sells the vehicle be- fore the first day of the last month in the taxable period and does not subsequently use the vehicle during the period. (ii)Computation of tax.Ifthetaxon a taxpayer’s use of a highway vehicle for a taxable period is determined under this paragraph (c)(4)(ii), the tax is calculated proportionately from the first day of the month in the period in which the first use of the highway motor vehicle occurs to and including the last day of the month in which the highway motor vehicle was sold, destroyed or stolen. (iii)Overpayment. If a taxpayer’s lia- bility for the tax on the use of a highway vehicle for a taxable period is determined under paragraph (c)(4)(ii) of this section, any tax the taxpayer paid under section 4481(a) on the use of the vehicle for such period in excess of the tax calculated un- der paragraph (c)(4)(ii) of this section is an overpayment of tax. (iv)Definition of destroyed vehicle.For purposes of this paragraph (c)(4), a high- way motor vehicle is destroyed if the vehi- cle is damaged due to an accident or other casualty to such an extent that it is not eco- nomical to rebuild. (v)Form and content of claim. A claim for refund of an overpayment described in paragraph (c)(4)(iii) of this section must be made on Form 8849,“Claim for Refund of Excise Taxes”(or such other form as the Commissioner may designate) in accor- dance with the instructions for that form. A claim for a credit must be made on Form 2290,“Heavy Highway Vehicle Use Tax Return,”(or such other form as the Com- missioner may designate) in accordance with the instructions for that form. A claim for refund or credit for any vehicle must in- clude— (A) The Vehicle Identification Number (VIN) and taxable gross weight of the ve- hicle; (B) The date of the sale, destruction or theft of the vehicle; and (C) If the vehicle was sold, the name and address of the purchaser of the vehicle. (vi)Tax on use of second-hand vehicles. If a vehicle is sold during the taxable pe- riod and a credit or refund of the tax im- posed by section 4481 is allowable upon the sale under paragraph (c)(4)(iii) of this section, tax is imposed on the use of the March 30, 20097282009–13 I.R.B. vehicle after the sale and before the end of the taxable period. (vii)Computation of tax on sec- ond-hand vehicles. The tax under para- graph (c)(4)(vi) of this section on the use of a vehicle after a sale upon which a credit or refund is allowable is computed by mul- tiplying the amount of tax that would be due for a full taxable period as computed under paragraph (c)(1) of this section by a fraction. This fraction shall have as its numerator the number of months in the period from the month of the first taxable useofthevehicleafterthesale(themonth after such month if the first taxable use after the sale occurs in the month of the sale) through the end of the taxable pe- riod and as its denominator the number of months in the entire taxable period. For purposes of determining the fraction, any part of a month is counted as a full month. (See example (3) of paragraph (d) of this section.) (5)Decrease in taxable gross weight, discontinued use, or converted use.The computation of the tax is not affected, and no right to a credit or refund of any tax paid under section 4481 arises, if in any taxable period— (i) The taxable gross weight of a high- way motor vehicle is decreased; (ii) The use of a highway motor vehi- cle is discontinued (for reasons other than sale, destruction, or theft as described in paragraph (c)(4) of this section); or (iii) The highway motor vehicle is con- verted to a use which is exempt from the tax imposed by section 4481(a). (d)Examples.The application of §§41.4481–1, 41.4481–2 and 41.4482(c)–1(c) may be illustrated by the following examples: ***** Example (3). (i) In July 2008, X uses a vehicle with a taxable gross weight of 70,000 pounds. The vehicle is not a logging vehicle. The vehicle is regis- tered in X’s name so X pays the tax imposed by sec- tion 4481 of $430 for the taxable period ending June 30, 2009. On January 2, 2009, X sells the vehicle to Y. X’s tax for the taxable period is determined under this paragraph (c)(4) and is based on the number of months in the period from the beginning of July 2008 (the month of first use in the taxable period) through the end of January 2009 (the month of the sale). Thus, X’s tax for the period is $250.83 ( 7 /12of $430) and X may claim a refund of $179.17 ($430.00 - $250.83) immediately after X sells the vehicle. (ii) On January 23, 2009, Y uses the vehicle. Y is liable for tax on the use of the vehicle during the tax- able period ending June 30, 2009. Y’s first use of the vehicle occurs in the month of the sale. Accordingly, Y’s tax is based on the number of months in the pe- riod from February (the month following the month of the first taxable use) through June, and Y owes a section 4481 tax of $179.17 ( 5 /12of $430) for the tax- able period ending June 30, 2009. Example (4). Assume the same facts as in Ex- ample (3) except that on January 2, 2009, X sells the vehicle to Dealer, a dealer in highway motor vehi- cles. X may claim a refund of $179.17. Dealer oper- ates the vehicle exclusively for the purpose of demon- stration, which is not a “use” of the vehicle under §41.4482(c)–1(c). On May 2, 2009, Dealer sells the vehicle to Y. Dealer does not owe a section 4481 tax and may not claim a refund. Y’s first taxable use of the vehicle occurs on May 3, 2009. Y’s first taxable use of the vehicle does not occur in the month of a sale upon which a credit or refund is allowable. Ac- cordingly, Y’s tax is based on the number of months in the period from May (the month of the first taxable use after the sale) through June, and Y owes a section 4481 tax of $71.67 ( 2 /12of $430) for the taxable pe- riod ending June 30, 2009. (e)Effective/Applicability date.This section applies on and after the date of pub- lication of the Treasury decision adopting these rules as final regulations in theFed- eral Register. For rules applicable before that date, see 26 CFR §41.4481–1 (revised as of April 1, 2008). Par. 3. Section 41.4481–2 is amended by: 1. Removing the language “or any in- stallment payment of the tax” in paragraph (a)(1)(i)(D). 2. Revising paragraph (a)(2). 3. Adding paragraphs (a)(3) and (a)(4). 4. Removing paragraph (c). The addition and revisions read as fol- lows: §41.4481–2 Persons liable for tax. (a) * * * (2) If a vehicle is sold during the taxable period and a credit or refund is allowable upon the sale under §41.4481–1(c)(4)(iii), paragraph (a)(1) of this section is applied with the following modifications: (i) For purposes of determining the per- son liable for the tax determined under §41.4481–1(c)(4)(ii), each reference to a taxable period in paragraph (a)(1) of this section is treated as a reference to the pe- riod that begins on the first day of the tax- able period in which the vehicle is sold and ends on the date of the sale. (ii) For purposes of determining the per- son liable for the tax determined under §41.4481–1(c)(4)(vi), each reference to a taxable period in paragraph (a)(1) of this section is treated as a reference to the pe- riod that begins on the date of the sale and ends on the last day of the taxable period in which the vehicle is sold. (3) The application of this section may be illustrated byExample (3)in §41.4481–1(d). (4)Effective/Applicability date.This section applies on and after the date of pub- lication of the Treasury decision adopting these rules as final regulations in theFed- eral Register. For rules applicable before that date, see 26 CFR §41.4481–2 (revised as of April 1, 2008). ***** Par. 4. Section 41.4483–3(f), fourth sentence, is amended by removing the lan- guage“totheextentthatthetaxoran installment payment of the tax has” and adding “(determined in the case of a trans- fer described in §41.4481–1(c)(4)(i) under §41.4481–1(c)(4)(ii)) to the extent that the tax has” in its place. §41.4483–7 [Removed] Par. 5. Section 41.4483–7 is removed. Par. 6. Section 41.6001–1 is amended to read as follows: 1. In the first sentence of paragraph (a), the language “district director” is removed and “Commissioner” is added in its place. 2. In paragraph (a)(3), the language “In the case of any such vehicle acquired after June 30, 1956, the date” is removed and “The date” is added in its place. Par. 7. Section 41.6001–2 is amended as follows: 1. In paragraph (a), the third and fourth sentences are removed. 2. Paragraph (c)(1) is revised. 3. In paragraph (c)(2), the third sen- tence is revised. 4. Paragraph (e) is added. The revisions and addition read as fol- lows: §41.6001–2 Proof of payment for State registration purposes. ***** (c) * * * (1)In general. The proof of payment required in paragraph (b) of this section shall consist of a receipted Sched- ule 1 (Form 2290“Heavy Highway Vehi- cleUseTaxReturn”) that is returned by the Internal Revenue Service, by mail or electronically, to a taxpayer that files a re- turn of tax under section 4481(a), meets the 2009–13 I.R.B.729March 30, 2009 requirements of §41.6011(a)–1, and pays the amount of tax due with such return. A photocopy of such receipted Schedule 1 shall also serve as proof of payment. Such Schedule 1 shall serve as proof of suspen- sion of such tax under §41.4483–3 for the number of vehicles entered in that part of the Schedule 1 designated for vehicles for which tax has been suspended. The vehi- cle identification number of the vehicle be- ing registered must appear on the Sched- ule 1 (or an attached page) in order for the Schedule 1 to be a valid proof of payment for such vehicle. (2)***However,aStateshallnotac- cept any substitute proof of payment if 25 or more vehicles are reported for purposes of §41.6011(a)–1(c) on the Form 2290, “Heavy Highway Vehicle Use Tax Return,” for the vehicle being registered. ***** (e)Effective/Applicability date.This section applies to registrations of high- way motor vehicles pursuant to applica- tions that are received by a State on or after the date of publication of the Trea- sury decision adopting these rules as final regulations in theFederal Register.For this purpose, an application for registration that is mailed will be considered to be re- ceivedbyaStateonthedateonwhichitis postmarked. For rules applicable with re- spect to applications received before that date, see 26 CFR §41.6001–2 (revised as of April 1, 2008). Par. 8. Section 41.6011(a)–1 is amended by adding paragraphs (a)(4) and (c) to read as follows: §41.6011(a)–1 Returns. (a) * * * (4) A person that is liable for tax un- der §41.4481–2(a)(1)(i)(A), (B), (C), or (D), after taking into account the modifi- cation required under §41.4481–2(a)(2), is treated as liable for tax by the same pro- vision of §41.4481–2(a)(1)(i) for purposes of this section and must file a return. ***** (c)Required use of electronic fil- ing—(1)Rule for 25 or more vehicles. A person that files any return reporting 25 or more vehicles must file the return electronically, as prescribed by the Com- missioner. For this purpose, the number of vehicles reported on a return is the total number of vehicles for which tax is re- ported and does not include vehicles for which a suspension from tax is claimed. (2)Effect of failure to file.Ifaperson fails to file a return electronically when re- quired to do so by this section, the person has failed to file the return. In such a case, the Internal RevenueService (IRS) will not return a receipted Schedule 1 (Form 2290“Heavy Highway Vehicle Use Tax Return”) as proof of payment as defined in §41.6001–2(c). See section 6651 for the addition to tax for failure to file a tax re- turn. (3)Examples. The application of this paragraph (c) may be illustrated by the fol- lowing examples: Example 1. A has 100 vehicles registered in its name, all of which have a taxable gross weight in excess of 55,000 pounds. Seventy-five of the vehicles are in use on July 1, 2009. Twenty-five are in dead storage as described in 41.4482(c)–1(c). The vehicles in dead storage are not in use and they are not listed on the Schedule 1. A files Form 2290 electronically for the 75 vehicles in use on July 1 and receives a receipted Schedule 1. On August 23, 2009, A uses the remaining 25 vehicles. A does not file Form 2290 electronically but uses a paper Form 2290. A has failed to file a return as required by section 4481(e) for the remaining 25 vehicles. Accordingly, the IRS does not return the receipted Schedule 1 (Form 2290) for those vehicles, and A may be liable for additions to tax under section 6651. Example 2. Assume the same facts as in Example (1) except that on August 23, 2009, A uses 15 of the vehicles that were not used in July. The remaining 10 vehicles are not used in August. A does not file Form 2290 electronically but uses a paper Form 2290. A has correctly filed and the IRS returns the receipted Schedule 1 (Form 2290) to A for 15 vehicles. (4)Effective/Applicability date.This paragraph (c) applies to returns filed after the date of publication of the Treasury de- cision adopting these rules as final regula- tions in theFederal Register. Par. 9. Section 41.6071(a)–1 is amended by adding paragraph (c) to read as follows: §41.6071(a)–1 Time for filing returns. ***** (c)Effect of sale during taxable pe- riod. A person that is liable for tax under §41.4481–2(a)(1)(i)(A), (B), (C), or (D) after taking into account the modification required under §41.4481–2(a)(2) is treated as liable for tax under the same provision of §41.4481–2(a)(1)(i) for purposes of this section. §41.6156–1 [Removed] Par. 10. Section 41.6156–1 is removed. LindaE.Stiff, Deputy Commissioner for Services and Enforcement. (Filed by the Office of the Federal Register on January 15, 2009, 8:45 a.m., and published in the issue of the Federal Register for January 16, 2009, 74 F.R. 2910) Deletions From Cumulative List of Organizations Contributions to Which are Deductible Under Section 170 of the Code Announcement 2009–21 The Internal Revenue Service has re- voked its determination that the organi- zations listed below qualify as organiza- tions described in sections 501(c)(3) and 170(c)(2) of the Internal Revenue Code of 1986. Generally, the Service will not disallow deductions for contributions made to a listed organization on or before the date of announcement in the Internal Revenue Bulletinthatanorganizationnolonger qualifies. However, the Service is not precluded from disallowing a deduction for any contributions made after an or- ganization ceases to qualify under section 170(c)(2) if the organization has not timely filed a suit for declaratory judgment under section 7428 and if the contributor (1) had knowledge of the revocation of the ruling or determination letter, (2) was aware that such revocation was imminent, or (3) was in part responsible for or was aware of the activities or omissions of the organization that brought about this revocation. If on the other hand a suit for declara- tory judgment has been timely filed, con- tributions from individuals and organiza- tions described in section 170(c)(2) that are otherwise allowable will continue to be deductible. Protection under section 7428(c) would begin on March 30, 2009 and would end on the date the court first determines that the organization is not de- scribed in section 170(c)(2) as more partic- ularly set forth in section 7428(c)(1). For individual contributors, the maximum de- duction protected is $1,000, with a hus- band and wife treated as one contributor. March 30, 20097302009–13 I.R.B. This benefit is not extended to any indi- vidual, in whole or in part, for the acts or omissions of the organization that were the basis for revocation. Homebuyer Gift Charity, Inc Greensburg, PA Foundations Status of Certain Organizations Announcement 2009–22 The following organizations have failed to establish or have been unable to main- tain their status as public charities or as op- erating 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 sec- tion 508(b) of the Code. This listing does notindicate that the organizations have lost their status as organizations described in section 501(c)(3), eligible to receive de- ductible contributions. Former Public Charities. The follow- ing organizations (which have been treated as organizations thatare not private foun- dations described in section 509(a) of the Code) are now classified as private foun- dations: Absoloot Awareness Foundation, Atlanta, GA ACAPE Program, Bay City, MI Advocate for the Elders, Houston, TX Alliance for Christian Fellowship International, Burnet, TX American AFC, Inc., Twin Lakes, MI American Physically Disabled Housing, Inc., Eau Claire, WI APP & M Home Care, Midway, GA Choices Domestic Violence Solutions, Gardena, CA Community Churches Alliance of Benton, Benton, AR Daughters of Sarah, Tamarac, FL Education People, Inc., Largo, FL Entre Amigas, Inc., Lake Worth, FL Foundation for Handicapped Entrepreneurs, Inc., Denver, CO G and J Johnson Foster Home Foundation #1, Inc., Los Angeles, CA GEM, Laguna Hills, CA Girl Interrupted, Atlanta, GA Global Youth Development, Inc., Kansas City, MO Guardian Angels Care Assisted Living, Inc., Zellwood, FL Hampton Jewish Cultural Center, Inc., Westhampton Beach, NY Harris Retreat, Middleton, TN Houston Community Advocates, Inc., Houston, TX Integrated Therapy Services of New England Incorporated, West Haven, CT Joint Opportunities, Fresno, CA Kids Hope Educational Programs, Inc., Garden Grove, CA Kingdom Builders Ministries, Inc., Litchfield Park, AZ Lamar C. Brown’s Charitable Fund, (Mississippi Community Foundation, Inc.), Vicksburg, MS Malcolm Foundation, Inc., Madison, MS Motivational Centers International, Inc., Brooklyn, NY New Beginning Christian Camp, Ft. Worth, TX New Beginning Outreach, Inc., Lancaster, CA New Development, Inc., Pensacola, FL New Life Youth Foundation, Inc., Laverne, CA On My Way to Heaven Ministries, Inc., Raleigh, NC Oregon Skills USA – Vica, Inc., Salem, OR Parbamel, Inc., Jamaica, NY Pine Island Angels Remembered, Inc., Bokeelia, FL Precious Blessing, Inc., Garner, NC Preventive Health for All Initiative, Inc., Wakefield, MA Project Newhab, Inc., Venice, CA Providers Group, Inc., Milwaukee, WI PSCH Dewitt Ave. Housing Development Fund Corp, College Point, NY Raven Institute of Learning, Inc., Albany, NY RCW Ministerium, Renville, MN Recreation Development Network, Belleville, IL Redeeming the Time Outreach Ministries, Richmond, TX Refuge Pastors Retreat, Mechanicsburg, PA Rural Housing Network, Inc., Tappahannock, VA Sage Youth Settlement, Walla Walla, WA Save the Whole Man, Inc., Syracuse, NY Self Image Development Center, Inc., Atlanta, GA Serena Bailey Foundation, Inc., Lakeland, FL Shaw Land Conservancy, Minerva, OH Staplehurst, Inc., Miami, FL Talented Tenth Foundation, Hyattsville, MD Team Rookee Corporation, New Brownfels, TX Teens With A Vision, Inc., WS, NC True Image Enterprises, Inc., Chicago, IL U S Arts Education Foundation, Temple City, CA With These Hands, Inc., Wildomar, CA Wu-Kah-Ki Theatre Workshop, Newark, NJ Youth Empowerment Services, Charlotte, NC 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 Inter- nalRevenueServicewillissuearulingor determinationletterwiththerevisedclas- sification as to foundation status. Grantors and contributors may thereafter rely upon such ruling or determination letter as pro- videdinsection1.509(a)–7oftheIncome Tax Regulations. It is not the practice of the Service to announce such revised clas- sification of foundation status in the Inter- nal Revenue Bulletin. Gain Recognition Agreements With Respect to Certain Transfers of Stock or Securities by United States Persons to Foreign Corporations; Correction Announcement 2009–23 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. SUMMARY: This document contains a correction to final regulations (T.D. 9446, 2009–9 I.R.B. 607) that were published in theFederal Registeron Wednesday, Feb- ruary 11, 2009 (74 FR 6952) under section 367(a) of the Internal Revenue Code con- cerning gain recognition agreements filed by United States persons with respect to transfers of stock or securities to foreign corporations. 2009–13 I.R.B.731March 30, 2009 DATES: This correction is effective March 10, 2009, and is applicable on February 11, 2009. FOR FURTHER INFORMATION CONTACT: S. James Hawes, (202) 622–3860 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulationsthat are the subject of this document are under sections 338 and 367 of the Internal Revenue Code. Need for Correction As published, final regulations (T.D. 9446) contains an error that may prove to be misleading and is in need of clarifica- tion. ***** Correction of Publication Accordingly, 26 CFR part 1 is cor- rected by making the following correcting amendment: 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 1.367(a)–8 is amended by revising paragraph (k)(3) to read as fol- lows: §1.367(a)–8 Gain recognition agreement requirements. ***** (k) * * * (3) * * * A disposition of the trans- ferred stock or securities pursuant to an exchange to which section 351, 354 (but only in a reorganization described in sec- tion 368(a)(1)(B)), or 721 applies, shall not constitute a triggering event if the U.S. transferor enters in to a new gain recogni- tion agreement that provides that the dis- positions described in paragraphs (k)(3)(i) and (ii) of this section shall constitute trig- gering events for purposes of the new gain recognition agreement. ***** Guy Traynor, Acting Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). (Filed by the Office of the Federal Register on March 9, 2009, 8:45 a.m., and published in the issue of the Federal Register for March 10, 2009, 74 F.R. 10175) Announcement of Disciplinary Sanctions From the Office of Professional Responsibility Announcement 2009-24 TheOfficeofProfessionalResponsi- bility (OPR) announcesrecent disciplinary sanctions involving attorneys, certified public accountants, enrolled agents, en- rolled actuaries, enrolled retirement plan agents, and appraisers. These individuals are subject to the regulations governing practice before the Internal Revenue Ser- vice (IRS), which are set out in Title 31, Code of Federal Regulations, Part 10, and which are published in pamphlet form as Treasury Department Circular No. 230. The regulations prescribe the duties and restrictions relating to such practice and prescribe the disciplinary sanctions for violating the regulations. The disciplinary sanctions to be im- posed for violation of the regulations are: Disbarred from practice before the IRS—An individual who is disbarred is not eligible to represent taxpayers before the IRS. Suspended from practice before the IRS—An individual who is suspended is not eligible to represent taxpayers before the IRS during the term of the suspension. Censured in practice before the IRS—Censure is a public reprimand. Un- like disbarment or suspension, censure does not affect an individual’s eligibility to represent taxpayers before the IRS, but OPR may subject the individual’s future representations to conditions designed to promote high standards of conduct. Monetary penalty—A monetary penalty may be imposed on an individual who engages in conduct subject to sanc- tion or on an employer, firm, or entity if the individual was acting on its behalf and if it knew, or reasonably should have known, of the individual’s conduct. Disqualification of appraiser—An appraiser who is disqualified is barred from presenting evidence or testimony in any administrative proceeding before the Department of the Treasury or the IRS. Under the regulations, attorneys, cer- tified public accountants, enrolled agents, enrolled actuaries, and enrolled retirement plan agents may not assist, or accept assis- tance from, individuals who are suspended or disbarred with respect to matters consti- tuting practice (i.e., representation) before the IRS, and they may not aid or abet sus- pended or disbarred individuals to practice before the IRS. Disciplinary sanctions are described in these terms: Disbarred by decision after hearing, Suspended by decision after hearing, Censured by decision after hearing, Monetary penalty imposed after hear- ing, and Disqualified after hearing—An administrative law judge (ALJ) conducted an evidentiary hearing upon OPR’s com- plaint alleging violation of the regulations and issued a decision imposing one of these sanctions. After 30 days from the issuance of the decision, in the absence of an appeal, the ALJ’s decision became the final agency decision. Disbarred by default decision, Sus- pended by default decision, Censured by default decision, Monetary penalty im- posed by default decision, and Disqual- ified by default decision—An ALJ, after finding that no answer to OPR’s complaint had been filed, granted OPR’s motion for a default judgment and issued a decision im- posing one of these sanctions. Disbarment by decision on appeal, Suspended by decision on appeal, Cen- sured by decision on appeal, Monetary penalty imposed by decision on ap- March 30, 20097322009–13 I.R.B. peal, and Disqualified by decision on appeal—The decision of the ALJ was appealed to the agency appeal authority, acting as the delegate of the Secretary of the Treasury, and the appeal authority issued a decision imposing one of these sanctions. Disbarred by consent, Suspended by consent, Censured by consent, Mone- tary penalty imposed by consent, and Disqualified by consent—In lieu of a disciplinary proceeding being instituted or continued, an individual offered a con- sent to one of these sanctions and OPR accepted the offer. Typically, an offer of consent will provide for: suspension for an indefinite term; conditions that the individual must observe during the sus- pension; and the individual’s opportunity, after a stated number of months, to file with OPR a petition for reinstatement af- firming compliance with the terms of the consent and affirming current eligibility to practice (i.e., an active professional license or active enrollment status). An enrolled agent or an enrolled retirement plan agent may also offer to resign in order to avoid a disciplinary proceeding. Suspended by decision in expedited proceeding, Suspended by default de- cision in expedited proceeding, Sus- pended by consent in expedited pro- ceeding—OPR instituted an expedited proceeding for suspension (based on cer- tain limited grounds, including loss of a professional licenseand criminal convic- tions). OPR has authority to disclose the grounds for disciplinary sanctions in these situations: (1) an ALJ or the Secretary’s delegate on appeal has issued a decision on or after September 26, 2007, which was theeffectivedateofamendmentstothe regulations that permit making such deci- sions publicly available; (2) the individual has settled a disciplinary case by signing OPR’s “consent to sanction” form, which requires consenting individuals to admit to one or more violations of the regulations and to consent to the disclosure of the in- dividual’s own return information related to the admitted violations (for example, failure to file Federal income tax returns); or (3) OPR has issued a decision in an expedited proceeding for suspension. Announcements of disciplinary sanc- tions appear in the Internal Revenue Bul- letin at the earliest practicable date. The sanctions announced below are alphabet- ized first by the names of states and sec- ond by the last names of individuals. Un- less otherwise indicated, section numbers (e.g., § 10.51) refer to the regulations. City & StateNameProfessionalDisciplinary SanctionEffective Date(s) Designation Colorado DenverSletten, Douglas D.AttorneySuspended by default decision in expedited proceeding under § 10.82 (attorney disbarment) Indefinite from March 5, 2009 Kentucky FrankfortWilliams, Larry T.CPASuspended by consent for violation of § 10.51 (failure to file several tax returns) Indefinite from December 8, 2008 New York East RockawayGoldman, MichaelAttorneySuspended by decision in expedited proceeding under § 10.82 (attorney disbarment) Indefinite from March 5, 2009 North Dakota Sletten, Douglas D., See Colorado Ohio CincinnatiAlvaro, Michele A.CPASuspended by default decision in expedited proceeding under § 10.82 (revocation of CPA license) Indefinite from March 5, 2009 2009–13 I.R.B.733March 30, 2009 City & StateNameProfessionalDisciplinary SanctionEffective Date(s) Designation Ohio (Continued) BuffaloBates, Jr., James F.CPASuspended by default decision in expedited proceeding under § 10.82 (revocation of CPA license) Indefinite from March 5, 2009 PataskalaBuzolith, Cathy L.CPASuspended by default decision in expedited proceeding under § 10.82 (revocation of CPA license) Indefinite from March 5, 2009 Texas HelotesDe La Garza, Roberto E. AttorneySuspended by default decision in expedited proceeding under § 10.82 (suspension of attorney license) Indefinite from March 5, 2009 Utah Salt Lake CityMetcalf, Brent H.CPASuspended by default decision in expedited proceeding under § 10.82 (conviction under 18 U.S.C. § 371, conspiracy to commit tax fraud; 26 U.S.C. § 7206, assisting in the preparation of a false tax return) Indefinite from March 5, 2009 March 30, 20097342009–13 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 ef- fect: Amplifieddescribes a situation where no change is being made in a prior pub- lished position, but the prior position is be- ingextendedtoapplytoavariationofthe fact situation set forth therein. Thus, if an earlier ruling held that a principle ap- plied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare withmodi- fied,below). Clarifiedis used in those instances where the language in a prior ruling is be- ing 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. Distinguisheddescribes a situation where a ruling mentions a previously pub- lished ruling and points out an essential difference between them. Modifiedis 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 withamplifiedandclarified, above). Obsoleteddescribes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rul- ings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revokeddescribes situations where the position in the previously published ruling is not correct and the correct position is beingstatedinanewruling. Supersededdescribes a situation where the new ruling does nothing more than re- state the substance and situation of a previ- ously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same po- sition published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single rul- ing a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new rul- ing does more than restate the substance of a prior ruling, a combination of terms is used. For example,modifiedandsu- persededdescribes 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 pub- lished ruling is first modified and then, as modified, is superseded. Supplementedis 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 rul- ing has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the ad- ditions, and supersedes all prior rulings in the series. Suspendedis 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 The fol lowing abbreviations in current use and for merly used will appear in material publis hedintheBulletin. A—Individual. Acq.—A cquiescence. B—Individual. BE—Beneficiary. BK—Bank . B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cu mulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Coo perative. Ct.D.—Court Decision. CY—County. D—Decede nt. DC—Dummy Corporation. DE—Donee. Del. Order —Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Emp loyer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduc iary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Fo reign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Fed eral Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grante e. GP—General Partner. GR—Grantor. IC—Insura nce Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—No nacquiescence. O—Organization. P—Parent Corporation. PHC—Persona l Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Pa rtnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Re al Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsi diary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Trans feree. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpay er. TR—Trust. TT—Trustee. U.S.C.—Uni ted States Code. X—Corporation. Y—Corporation. Z—Corporat ion. 2009–13 I.R.B.iMarch 30, 2009 Numerical Finding List 1 Bulletins 2009–1 through 2009–13 Announcements: 2009-1, 2009-1 I.R.B.242 2009-2, 2009-5 I.R.B.424 2009-3, 2009-6 I.R.B.459 2009-4, 2009-8 I.R.B.597 2009-5, 2009-8 I.R.B.569 2009-6, 2009-9 I.R.B.643 2009-7, 2009-10 I.R.B.663 2009-8, 2009-8 I.R.B.598 2009-9, 2009-9 I.R.B.643 2009-10, 2009-9 I.R.B.644 2009-11, 2009-10 I.R.B.663 2009-12, 2009-11 I.R.B.686 2009-13, 2009-11 I.R.B.686 2009-14, 2009-11 I.R.B.687 2009-15, 2009-11 I.R.B.687 2009-16, 2009-11 I.R.B.691 2009-17, 2009-12 I.R.B.714 2009-18, 2009-12 I.R.B.714 2009-19, 2009-12 I.R.B.715 2009-20, 2009-12 I.R.B.716 2009-21, 2009-13 I.R.B.730 2009-22, 2009-13 I.R.B.731 2009-23, 2009-13 I.R.B.731 2009-24, 2009-13 I.R.B.732 Notices: 2009-1, 2009-2 I.R.B.250 2009-2, 2009-4 I.R.B.344 2009-3, 2009-2 I.R.B.250 2009-4, 2009-2 I.R.B.251 2009-5, 2009-3 I.R.B.309 2009-6, 2009-3 I.R.B.311 2009-7, 2009-3 I.R.B.312 2009-8, 2009-4 I.R.B.347 2009-9, 2009-5 I.R.B.419 2009-10, 2009-5 I.R.B.419 2009-11, 2009-5 I.R.B.420 2009-12, 2009-6 I.R.B.446 2009-13, 2009-6 I.R.B.447 2009-14, 2009-7 I.R.B.516 2009-15, 2009-6 I.R.B.449 2009-16, 2009-8 I.R.B.572 2009-17, 2009-8 I.R.B.575 2009-18, 2009-10 I.R.B.648 2009-19, 2009-10 I.R.B.660 2009-20, 2009-12 I.R.B.711 2009-21, 2009-13 I.R.B.724 Proposed Regulations: REG-144615-02, 2009-7 I.R.B.561 REG-148568-04, 2009-5 I.R.B.421 Proposed Regulations— Continued: REG-160872-04, 2009-4 I.R.B.358 REG-158747-06, 2009-4 I.R.B.362 REG-116699-07, 2009-13 I.R.B.727 REG-138326-07, 2009-9 I.R.B.638 REG-143686-07, 2009-8 I.R.B.579 REG-150670-07, 2009-4 I.R.B.378 REG-113462-08, 2009-4 I.R.B.379 REG-147636-08, 2009-9 I.R.B.641 REG-150066-08, 2009-5 I.R.B.423 Revenue Procedures: 2009-1, 2009-1 I.R.B.1 2009-2, 2009-1 I.R.B.87 2009-3, 2009-1 I.R.B.107 2009-4, 2009-1 I.R.B.118 2009-5, 2009-1 I.R.B.161 2009-6, 2009-1 I.R.B.189 2009-7, 2009-1 I.R.B.226 2009-8, 2009-1 I.R.B.229 2009-9, 2009-2 I.R.B.256 2009-10, 2009-2 I.R.B.267 2009-11, 2009-3 I.R.B.313 2009-12, 2009-3 I.R.B.321 2009-13, 2009-3 I.R.B.323 2009-14, 2009-3 I.R.B.324 2009-15, 2009-4 I.R.B.356 2009-16, 2009-6 I.R.B.449 2009-17, 2009-7 I.R.B.517 2009-18, 2009-11 I.R.B.670 Revenue Rulings: 2009-1, 2009-2 I.R.B.248 2009-2, 2009-2 I.R.B.245 2009-3, 2009-5 I.R.B.382 2009-4, 2009-5 I.R.B.408 2009-5, 2009-6 I.R.B.432 2009-6, 2009-12 I.R.B.694 2009-7, 2009-13 I.R.B.717 2009-8, 2009-10 I.R.B.645 Tax Conventions: 2009-5, 2009-8 I.R.B.569 Treasury Decisions: 9434, 2009-4 I.R.B.339 9435, 2009-4 I.R.B.333 9436, 2009-3 I.R.B.268 9437, 2009-4 I.R.B.341 9438, 2009-5 I.R.B.387 9439, 2009-5 I.R.B.416 9440, 2009-5 I.R.B.409 9441, 2009-7 I.R.B.460 9442, 2009-6 I.R.B.434 9443, 2009-8 I.R.B.564 9444, 2009-9 I.R.B.603 Treasury Decisions— Continued: 9445, 2009-9 I.R.B.635 9446, 2009-9 I.R.B.607 9447, 2009-12 I.R.B.694 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2008–27 through 2008–52 is in Internal Revenue Bulletin 2008–52, dated December 29, 2008. March 30, 2009ii2009–13 I.R.B. Finding List of Current Actions on Previously Published Items 1 Bulletins 2009–1 through 2009–13 Notices: 99-35 Obsoleted by Notice 2009-15, 2009-6 I.R.B.449 2001-55 Modified by Notice 2009-1, 2009-2 I.R.B.250 2002-27 Modified by Notice 2009-9, 2009-5 I.R.B.419 2005-74 Obsoleted by T.D. 9446, 2009-9 I.R.B.607 2007-26 Modified by Notice 2009-15, 2009-6 I.R.B.449 2007-54 Obsoleted by T.D. 9436, 2009-3 I.R.B.268 2008-11 Obsoleted by T.D. 9436, 2009-3 I.R.B.268 2008-12 Obsoleted by T.D. 9436, 2009-3 I.R.B.268 Rev. Proc. 2009-11, 2009-3 I.R.B.313 2008-13 Obsoleted by T.D. 9436, 2009-3 I.R.B.268 List of forms modified and superseded by Rev. Proc. 2009-11, 2009-3 I.R.B.313 Modified and clarified by Notice 2009-5, 2009-3 I.R.B.309 2008-46 Obsoleted by T.D. 9436, 2009-3 I.R.B.268 Rev. Proc. 2009-11, 2009-3 I.R.B.313 2008-100 Amplified and superseded by Notice 2009-14, 2009-7 I.R.B.516 Proposed Regulations: REG-144615-02 Corrected by Ann. 2009-19, 2009-12 I.R.B.715 REG-149519-03 Withdrawn by Ann. 2009-4, 2009-8 I.R.B.597 Proposed Regulations— Continued: REG-148326-05 Corrected by Ann. 2009-14, 2009-11 I.R.B.687 Revenue Procedures: 2007-17 Superseded by Rev. Proc. 2009-14, 2009-3 I.R.B.324 2007-68 Superseded by Rev. Proc. 2009-17, 2009-7 I.R.B.517 2007-71 Modified by Notice 2009-3, 2009-2 I.R.B.250 2008-1 Superseded by Rev. Proc. 2009-1, 2009-1 I.R.B.1 2008-2 Superseded by Rev. Proc. 2009-2, 2009-1 I.R.B.87 2008-3 Superseded by Rev. Proc. 2009-3, 2009-1 I.R.B.107 2008-4 Superseded by Rev. Proc. 2009-4, 2009-1 I.R.B.118 2008-5 Superseded by Rev. Proc. 2009-5, 2009-1 I.R.B.161 2008-6 Superseded by Rev. Proc. 2009-6, 2009-1 I.R.B.189 2008-7 Superseded by Rev. Proc. 2009-7, 2009-1 I.R.B.226 2008-8 Superseded by Rev. Proc. 2009-8, 2009-1 I.R.B.229 2008-9 Superseded by Rev. Proc. 2009-9, 2009-2 I.R.B.256 2008-17 Obsoleted in part by Rev. Proc. 2009-18, 2009-11 I.R.B.670 2008-61 Superseded by Rev. Proc. 2009-3, 2009-1 I.R.B.107 2008-65 Amplified and supplemented by Rev. Proc. 2009-16, 2009-6 I.R.B.449 Revenue Procedures— Continued: 2008-68 Amplified and superseded by Rev. Proc. 2009-15, 2009-4 I.R.B.356 Revenue Rulings: 65-286 Obsoleted by T.D. 9435, 2009-4 I.R.B.333 76-54 Obsoleted by T.D. 9435, 2009-4 I.R.B.333 92-19 Supplemented by Rev. Rul. 2009-3, 2009-5 I.R.B.382 2008-19 Modified by Rev. Rul. 2009-3, 2009-5 I.R.B.382 Treasury Decisions: 9436 Corrected by Ann. 2009-15, 2009-11 I.R.B.687 9439 Corrected by Ann. 2009-12, 2009-11 I.R.B.686 9441 Corrected by Ann. 2009-18, 2009-12 I.R.B.714 9442 Corrected by Ann. 2009-13, 2009-11 I.R.B.686 Ann. 2009-20, 2009-12 I.R.B.716 9446 Corrected by Ann. 2009-23, 2009-13 I.R.B.731 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2008–27 through 2008–52 is in Internal Revenue Bulletin 2008–52, dated December 29, 2008. 2009–13 I.R.B.iiiMarch 30, 2009 INDEX Internal Revenue Bulletins 2009–1 through 2009–13 The abbreviation and number in parenthesis following the index entry refer to the specific item; numbers in roman and italic type following the parenthesis refers to the Internal Revenue Bulletin in which the item may be found and the page number on which it appears. Key to Abbreviations: AnnAnnouncement CDCourt Decision DODelegation Order EOExecutive Order PLPublic Law PTEProhibited Transaction Exemption RPRevenue Procedure RRRevenue Ruling SPRStatement of Procedural Rules TCTax Convention TDTreasury Decision TDOTreasury Department Order EMPLOYEE PLANS Calculation of amount includible in income under section 409A, correction to REG–148326–05 (Ann 14) 11,687 Contributions, automatic contribution arrangements (TD 9447) 12,694 Determination letters, issuing procedures (RP 6) 1,189 Full funding limitations, weighted average interest rates, seg- ments rates for: January 2009 (Notice 2) 4,344 February 2009 (Notice 16) 8,572 March 2009 (Notice 20) 12,711 Interim guidance under section 457A relating to deferred com- pensation of nonqualified entities (Notice 8) 4,347 Letter rulings: And determination letters, areas which will not be issued from: Associates Chief Counsel and Division Counsel (TE/GE) (RP 3) 1,107 Associate Chief Counsel (International) (RP 7) 1,226 And general information letters, procedures (RP 4) 1,118 User fees, request for letter rulings (RP 8) 1,229 Penalties: Categories of tax returns and claims for refund, tax return preparer penalty under section 6694 (RP 11) 3,313 Tax return preparer (TD 9436) 3,268; correction (Ann 15) 11, 687 Qualified retirement plans: Covered compensation tables, permitted disparity (RR 2) 2, 245 Required minimum distributions (RMDs) (Notice 9) 5,419 Section 403(b) plans, written plan requirement (Notice 3) 2, 250 EMPLOYEE PLANS—Cont. Regulations: 26 CFR 1.401(k)–0 thru –3, –6, amended; 1.401(m)–0 thru –3, amended; 1.402(c)–2, amended; 1.411(a)–4, amended; 1.414(w)–1, added; 54.4979–1, revised; automatic contri- bution arrangements (TD 9447) 12,694 26 CFR 1.6060–1, amended; 1.6107–1, revised; 1.6109–2, amended; 1.6694–0 thru –4, revised; 1.6695–1, –2, revised; 1.6696–1, revised; 54.6060–1, added; 54.6107–1, added; 54.6109–1, added; 54.6694–1 thru –4, added; 54.6695–1, added; 54.6696–1, added; 54.7701–1, added; tax return pre- parer penalties under sections 6694 and 6695 (TD 9436) 3, 268; correction (Ann 15) 11,687 Technical advice to IRS employees (RP 5) 1,161 EMPLOYMENT TAX Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Penalties: Categories of tax returns and claims for refund, tax return preparer penalty under section 6694 (RP 11) 3,313 Tax return preparer (TD 9436) 3,268;correction(Ann15)11, 687 Postponement of certain tax-related deadlines by reason of a fed- erally declared disaster or terroristic or military action (TD 9443) 8,564 Proposed Regulations: 26 CFR 31.3402(t)–0 thru –6, added and reserved; 31.3402(t)–7, added;31.3406(g)–2, amended; 31.6011(a)–4, amended; 31.6051–5, added; 31.6071(a)–1, amended; 31.6302–1, –4, amended; withholding under section 3402(t) (REG–158747–06) 4,362 26 CFR 31.6011(a)–1, –4, amended; 31.6302–0, –1, amended; employer’s annual federal tax return and modi- fications to the deposit rules (REG–148568–04) 5,421 Qualification to file Form 944, Employer’s ANNUAL Federal Tax Return, or request to file Form 941, Employer’s QUAR- TERLY Federal Tax Return (RP 13) 3,323 Regulations: 26 CFR 31.6011(a)–1, –4, amended; 31.6011(a)–1T, –4T, revised; 31.6302–0, –1, amended; 31.6302–0T, added; 31.6302–1T, revised; employer’s annual federal tax return and modifications to the deposit rules (TD 9440) 5,409 26 CFR 31.6060–1, added; 31.6107–1, added; 31.6109–2, added; 31.6694–1 thru –4, added; 31.6695–1, added; 31.6696–1, added; 31.7701–1, added; tax return preparer penalties under sections 6694 and 6695 (TD 9436) 3,268; correction (Ann 15) 11,687 26 CFR 301.7508A–1, amended; postponement of certain tax-related deadlines by reason of a federally declared dis- aster or terroristic or military action (TD 9443) 8,564 Technical Advice Memoranda (TAMs) (RP 2) 1,87 Time for filing employment tax returns and modifications to de- posit rules (TD 9440) 5,409; (REG–148568–04) 5,421 March 30, 2009iv2009–13 I.R.B. EMPLOYMENT TAX—Cont. Withholding on payments by government entities for property and services (REG–158747–06) 4,362 ESTATE TAX Actuarial tables under section 7520, update (Notice 18) 10,648 Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Penalties: Categories of tax returns and claims for refund, tax return preparer penalty under section 6694 (RP 11) 3,313 Tax return preparer (TD 9436) 3,268; correction (Ann 15) 11, 687 Postponement of certain tax-related deadlines by reason of a fed- erally declared disaster or terroristic or military action (TD 9443) 8,564 Regulations: 26 CFR 20.6060–1, added; 20.6107–1, added; 20.6109–1, added; 20.6694–1 thru –4, added; 20.6695–1, added; 20.6696–1, added; 20.7701–1, added; 26.6060–1, added; 26.6107–1, added; 26.6109–1, added; 26.6694–1 thru –4, added; 26.6695–1, added; 26.6696–1, added; 26.7701–1, added; tax return preparer penalties under sections 6694 and 6695 (TD 9436) 3,268; correction (Ann 15) 11,687 26 CFR 301.7508A–1, amended; postponement of certain tax-related deadlines by reason of a federally declared dis- aster or terroristic or military action (TD 9443) 8,564 Technical Advice Memoranda (TAMs) (RP 2) 1,87 EXCISE TAX Credits, calculation of volume of denaturants in alcohol for fuel credits (Notice 6) 3,311 Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Mandatory electronic filing of certain excise tax returns impo- sition and computation of tax, credits and refunds for certain uses and sales of vehicles (REG–116699–07) 13,727 Penalties: Categories of tax returns and claims for refund, tax return preparer penalty under section 6694 (RP 11) 3,313 Tax return preparer (TD 9436) 3,268; correction (Ann 15) 11, 687 Postponement of certain tax-related deadlines by reason of a fed- erally declared disaster or terroristic or military action (TD 9443) 8,564 Proposed Regulations: 26 CFR 41.4481–1, –2, amended; 41.4483–3, amended; 41.4483–7, removed; 41.6001–1, –2, amended; 41.6011(a)–1, amended; 41.6071(a)–1, amended; 41.6156–1, removed; highway use tax; sold vehicles and electronic filing (REG–116699–07) 13,727 EXCISE TAX—Cont. Regulations: 26 CFR 40.6060–1, added; 40.6107–1, added; 40.6109–1, added; 40.6694–1 thru –4, added; 40.6695–1, added; 40.6696–1, added; 40.7701–1, added; 41.6060–1, added; 41.6107–1, added; 41.6109–2, added; 41.6694–1 thru –4, added; 41.6695–1, added; 41.6696–1, added; 41.7701–1, added; 44.6060–1, added; 44.6107–1, added; 44.6109–1, added; 44.6694–1 thru –4, added; 44.6695–1, added; 44.6696–1, added; 44.7701–1, added; 55.6060–1, added; 55.6107–1, added; 55.6109–1, added; 55.6694–1 thru –4, added; 55.6695–1, added; 55.6696–1, added; 55.7701–1, added; 156.6060–1, added; 156.6107–1, added; 156.6109–1, added; 156.6694–1 thru –4, added; 156.6695–1, added; 156.6696–1, added; 156.7701–1, added; 157.6060–1, added; 157.6107–1, added; 157.6109–1, added; 157.6694–1 thru –4, added; 157.6695–1, added; 157.6696–1, added; 157.7701–1, added; 301.7701–15, amended; tax return preparer penal- ties under sections 6694 and 6695 (TD 9436) 3,268; correction (Ann 15) 11,687 26 CFR 301.7508A–1, amended; postponement of certain tax-related deadlines by reason of a federally declared dis- aster or terroristic or military action (TD 9443) 8,564 Technical Advice Memoranda (TAMs) (RP 2) 1,87 EXEMPT ORGANIZATIONS Annual notice to donors regarding pending and settled declara- tory judgment suits (Ann 1) 1,242 Letter rulings: And determination letters: Areas which will not be issued from Associates Chief Counsel and Division Counsel (TE/GE) (RP 3) 1,107 Exemption application determination letter rulings under sections 501 and 521 (RP 9) 2,256 And general information letters, procedures (RP 4) 1,118 User fees, request for letter rulings (RP 8) 1,229 List of organizations classified as private foundations (Ann 9) 9, 643; (Ann 22) 13,731 Penalties: Categories of tax returns and claims for refund, tax return preparer penalty under section 6694 (RP 11) 3,313 Tax return preparer (TD 9436) 3,268;correction(Ann15)11, 687 Regulations: 26 CFR 1.6060–1, amended; 1.6107–1, revised; 1.6109–2, amended; 1.6694–0 thru –4, revised; 1.6695–1, –2, revised; 1.6696–1, revised; 53.6060–1, added; 53.6107–1, added; 53.6109–1, added; 53.6694–1 thru –4, added; 53.6695–1, added; 53.6696–1, added; 53.7701–1, added; 56.6060–1, added; 56.6107–1, added; 56.6109–1, added; 56.6694–1 thru –4, added; 56.6695–1, added; 56.6696–1, added; 56.7701–1, added; tax return preparer penalties under sections 6694 and 6695 (TD 9436) 3,268; correction (Ann 15) 11,687 2009–13 I.R.B.vMarch 30, 2009 EXEMPT ORGANIZATIONS—Cont. Revocations (Ann 3) 6,459;(Ann10)9,644;(Ann21)13,730 Suspension of tax-exempt statusof terrorist organization (Ann 17) 12,714 Technical advice to IRS employees (RP 5) 1,161 Tuition programs, modification to Notice 2001-55 (Notice 1) 2, 250 GIFT TAX Actuarial tables under section 7520, update (Notice 18) 10,648 Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Penalties: Categories of tax returns and claims for refund, tax return preparer penalty under section 6694 (RP 11) 3,313 Tax return preparer (TD 9436) 3,268; correction (Ann 15) 11, 687 Postponement of certain tax-related deadlines by reason of a fed- erally declared disaster or terroristic or military action (TD 9443) 8,564 Regulations: 26 CFR 25.6060–1, added; 25.6107–1, added; 25.6109–1, added; 25.6694–1 thru –4, added; 25.6695–1, added; 25.6696–1, added; 25.7701–1, added; tax return preparer penalties under sections 6694 and 6695 (TD 9436) 3,268; correction (Ann 15) 11,687 26 CFR 301.7508A–1, amended; postponement of certain tax-related deadlines by reason of a federally declared dis- aster or terroristic or military action (TD 9443) 8,564 Technical Advice Memoranda (TAMs) (RP 2) 1,87 INCOME TAX Actuarial tables under section 7520, update (Notice 18) 10,648 Allocation of consideration and allocation and recovery of basis in transactions involving corporate stock or securities (REG–143686–07) 8,579 Anonymous tax return information, disclosure by tax return pre- parer (Notice 13) 6,447 Annual notice to donors regarding pending and settled declara- tory judgment suits (Ann 1) 1,242 Calculation of amount includible in income under section 409A, correction to REG–148326–05 (Ann 14) 11,687 Conduit financing arrangements (REG–113462–08) 4,379 Consolidated returns, intercompany transactions (TD 9442) 6, 434; correction (Ann 13) 11,686; correction (Ann 20) 12,716 Corporations: Creditor continuity of interest (TD 9434) 4,339 Foreign base company sales income (TD 9438) 5,387; (REG–150066–08) 5,423 Transaction of interest, controlled foreign corporation (CFC), subpart F income partnership blocker (Notice 7) 3,312 Transfers by U.S. persons of stock or securities to foreign corporations (TD 9446) 9,607; correction (Ann 23) 13,731 INCOME TAX—Cont. Transfers of stock or securitiesto foreign corporations under section 304 (TD 9444) 9,603; (REG–147636–08) 9,641 Treatment of stock of a controlled corporation under section 355(a)(3)(B) (TD 9435) 4,333; (REG–150670–07) 4,378 Credits: First-time homebuyer credit, allocation between unmarried co-purchasers (Notice 12) 6,446 Low-income housing credit, 2009 population figures used for calculation (Notice 21) 13,724 Rates for tax credit bonds (Notice 15) 6,449 Depreciation, election to forgo additional first year depreciation deduction (RP 16) 6,449 Disciplinary actionsinvolving attorneys,certified public accoun- tants, enrolled agents, and enrolled actuaries (Ann 2) 5,424; (Ann 8) 8,598; (Ann 11) 10,663; (Ann 16) 11,691; (Ann 24) 13,732 Disclosure: Of return information to the Bureau of Economic Analysis (TD 9439) 5,416; correction (Ann 12) 11,686 Or use of information by preparers of returns (TD 9437) 4, 341 Disguised sales, section 707, REG–149519–03 withdrawn (Ann 4) 8,597 Employer-provided vehicles, cents-per-mile valuation rule, max- imum vehicle values, 2009 (RP 12) 3,321 Guidance regarding treatment of certain obligations under sec- tion 956(c) (Notice 10) 5,419 Information reporting: Deadline for brokers to furnish payee statements (Notice 11) 5,420 Payments made in settlement of payment card and third party network transactions under section 6050W, request for comments (Notice 19) 10,660 Requirements for brokers for sales and transfers of securities and issuers of securities for corporation actions affecting basis, request for comments (Notice 17) 8,575 Insurance companies, prevailing state assumed interest rate ta- bles, 2009 (RR 3) 5,382 Interest: Investment: Federal short-term, mid-term, and long-term rates for: January 2009 (RR 1) 2,248 February 2009 (RR 5) 6,432 March 2009 (RR 8) 10,645 Rates, underpayments and overpayments, quarter beginning: April 1, 2009 (RR 7) 13,717 Interim guidance under section 457A relating to deferred com- pensation of nonqualified entities (Notice 8) 4,347 Interim standards under section 6694(a) (Notice 5) 3,309 Letter rulings: And determination letters, areas which will not be issued from: Associates Chief Counsel and Division Counsel (TE/GE) (RP 3) 1,107 Associate Chief Counsel (International) (RP 7) 1,226 March 30, 2009vi2009–13 I.R.B. INCOME TAX—Cont. And information letters issued by Associate Offices, determi- nation letters issued by Operating Divisions (RP 1) 1,1 Money market fund, certain payments received from its invest- ment advisor to maintain per share net asset value of $1.00 (RP 10) 2,267 Partnerships, conversion of partnership items with respect to tax avoidance transactions (REG–138326–07) 9,638 Penalties: Categories of tax returns and claims for refund, tax return preparer penalty under section 6694 (RP 11) 3,313 Tax return preparer (TD 9436) 3,268; correction (Ann 15) 11, 687 Postponement of certain tax-related deadlines by reason of a fed- erally declared disaster or terroristic or military action (TD 9443) 8,564 Pre-Filing Agreement (PFA) program, extended (RP 14) 3,324 Private foundations, organizations now classified as (Ann 9) 9, 643; (Ann 22) 13,731 Procedures for administrative review of a determination that an authorized recipient has failedto safeguard tax returns or re- turn information (TD 9445) 9,635 Proposed Regulations: 26 CFR 1.301–2, added; 1.302–2(c), removed; 1.302–5, added; 1.304–1, revised; 1.304–2, –3, –5, amended; 1.351–2, amended; 1.354–1, amended; 1.355–1, amended; 1.356–1, amended; 1.358–1, –2, revised; 1.358–6, amended; 1.368–1, amended; 1.861–12, added; 1.1002–1, redesignated as 1.1001–6, and amended; 1.1016–2, amended; 1.1374–10, revised; the allocation of consider- ation and allocation and recovery of basis in transactions involving corporate stock or securities (REG–143686–07) 8,579 26 CFR 1.355–2, amended; guidance regarding the treat- ment of stock of a controlled corporation under section 355(a)(3)(B) (REG–150670–07) 4,378 26 CFR 1.367(a), revised; 1.482–0, –1, –2, –4, –8, amended; 1.482–7, revised; 1.482–9, added; section 482, methods to determine taxable income in connection with a cost sharing arrangement (CSA) (REG–144615–02) 7,561; correction (Ann 19) 12,715 26 CFR 1.367(a)–9, added; 1.367(b)–4, amended; 1.1248–1, amended; application of section 367 to section 351 ex- change resulting from a transaction described in section 304(a)(1); treatment of gain recognized under section 301(c)(3) for purposes of section 1248 (REG–147636–08) 9,641 26 CFR 1.707–0, –3, –5, thru –9, amended; 1.752–3, amended; section 707 regarding disguised sales, generally, REG–149519–03 withdrawn (Ann 4) 8,597 26 CFR 1.881–3, amended; conduit financing arrangements (REG–113462–08) 4,379 26 CFR 1.954–3, amended; guidance regarding foreign base company sales income (REG–150066–08) 5,423 26 CFR 301.6231(c)–3, amended; 301.6231(c)–9, added; tax avoidance transactions (REG–138326–07) 9,638 INCOME TAX—Cont. 26 CFR 301.6707–1, added; section 6707 and the failure to furnish information regarding reportable transactions (REG–160872–04) 4,358 Publications: 1167, General Rules and Specifications for Substitute Forms and Schedules (RP 17) 7,517 1220, additional changes affecting tax year 2008 filing of in- formation returns (Ann 7) 10,663 Qualified board or exchange under section 1256(g)(7)(C), Dubai Mercantile Exchange (RR 4) 5,408 Qualified mortgage bonds (QMBs) and mortgage credit certifi- cates (MCCs), average area housing purchase prices for 2009 (RP 18) 11,670 Regulations: 26 CFR 1.338–1, amended; 1.367(a)–3, amended; 1.367(a)–3T, –8T, removed; 1.367(a)–8, revised; 602.101, amended; transfers by U.S. persons of stock or securities to foreign corporations (TD 9446) 9,607; correction (Ann 23) 13,731 26 CFR 1.355–0 thru –2, amended; 1.355–0T, –2T, added; guidance regarding the treatment of stock of a controlled corporation under section 355(a)(3)(B) (TD 9435) 4,333 26 CFR 1.367(a)–1, added; 1.367(a)–1T, amended; 1.482–0, –0T, –1, –1T, –2T. –4T, –5, amended; 1.482–7, redes- ignated as 1.482–7A; 1.482–7T, added, 1.482–8, –8T, –9T, amended; 1.861–17, amended; 1.6662–6, amended; 301.7701–1, amended; 602.101, amended; section 482, methods to determine taxable income in connection with a cost sharing arrangement (CSA) (TD 9441) 7,460; correction (Ann 18) 12,714 26 CFR 1.367(a)–(3), amended; 1.367(a)–9T, added 1.367(b)–4, amended; 1.367(b)–4T, added; 1.1248–1, amended; 1.248–1T, added; application of section 367 to section 351 exchange resulting from a transaction de- scribedinsection304(a)(1);treatment of gain recognized under section 301(c)(3) for purposes of section 1248 (TD 9444) 9,603 26 CFR 1.368–1, amended; creditor continuity of interest (TD 9434) 4,339 26 CFR 1.954–3, amended; 1.954–3T, added; guidance re- garding foreign base company sales income (TD 9438) 5, 387 26 CFR 1.1502–13, –28, amended; consolidated returns, in- tercompany obligations (TD 9442) 6,434; correction (Ann 13) 11,686;correction(Ann20)12,716 26 CFR 1.6060–1, amended; 1.6107–1, revised; 1.6109–2, amended; 1.6694–0 thru –4, revised; 1.6695–1, –2, re- vised; 1.6696–1, revised; 301.7701–15, amended; 602.101, amended; tax return preparer penalties under sections 6694 and 6695 (TD 9436) 3,268; correction (Ann 15) 11,687 26 CFR 301.6103(j)(1)–1, amended; 301.6103(j)(1)–1T, re- moved; disclosure of return information to the Bureau of Economic Analysis (TD 9439) 5,416; correction (Ann 12) 11,686 2009–13 I.R.B.viiMarch 30, 2009 INCOME TAX—Cont. 26 CFR 301.6103(j)(1)–1T, added; disclosure of return infor- mation to the Bureau of Economic Analysis, correction to TD 9439 (Ann 12) 11,686 26 CFR 301.6103(p)(4)–1, added; 301.6103(p)(4)–1T, re- moved; 301.6103(p)(7)–1, added; 301.6103(p)(7)–1T, removed; procedures for administrative review of a deter- mination that an authorized recipient has failed to safeguard tax returns or return information (TD 9445) 9,635 26 CFR 301.7216–3, amended; 301.7216–3T, removed; amendments to the section 7216 regulations - disclosure or use of information by preparers of returns (TD 9437) 4,341 26 CFR 301.7508A–1, amended; postponement of certain tax-related deadlines by reason of a federally declared dis- aster or terroristic or military action (TD 9443) 8,564 Revocations, exempt organizations (Ann 3) 6,459; (Ann 10) 9, 644; (Ann 21) 13,730 Section 382 limitation, ownership changes, pre-change losses (Notice 14) 7,516 Section 482, methods to determine taxable income in connec- tion with a cost sharing arrangement (CSA) (TD 9441) 7,460; correction (Ann 18) 12,714; (REG–144615–02) 7,561;cor- rection (Ann 19) 12,715 Section 6707 and the failure to furnish information regarding re- portable transactions (REG–160872–04) 4,358 Standard Industry Fare Level (SIFL) formula (RR 6) 12,694 Stocks: Section 305 REIT distributions of stock (RP 15) 4,356 Treatment of stock of a controlled corporation under section 355(a)(3)(B) (TD 9435) 4,333; (REG–150670–07) 4,378 Substitute forms and schedules, general rules and specifications (RP 17) 7,517 Tax conventions: Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities (For Withholding in 2008), and Publi- cation 901, U.S. Tax Treaties (Rev. April 2008), changes in tables 1 and 2 for Bulgaria, Canada, and Iceland (Ann 5) 8, 569 Taxpayer identification number (TIN), matching program and new section 6050W (Ann 6) 9,643 Technical Advice Memoranda (TAMs) (RP 2) 1,87 Transferred basis, reorganization acquisition (Notice 4) 2,251 Update to Publication 1220, additional changes affecting tax year 2008 filing of information returns (Ann 7) 10,663 SELF-EMPLOYMENT TAX Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Technical Advice Memoranda (TAMs) (RP 2) 1,87 March 30, 2009viii2009–13 I.R.B. 2009–13 I.R.B.March 30, 2009 March 30, 20092009–13 I.R.B. INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue 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. 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