Internal Revenue Bulletin 2010-11 (PDF rendition): IRS Announcements

Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing. Whole bulletin rendition: numbered items are identified below; other legal material and publisher context remain included. This is not a new standalone advance release.

Bulletin No. 201
0-11
March 15, 2010
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.
SPECIAL ANNOUNCEMENT
Notice 2010–23, page 441.
This notice provides FBAR filing relief for some persons with
signature authority and who own commingled funds. Notice
2009–62 modified and supplemented.
Announcement 2010–16, page 450.
This announcement temporarily suspends, for persons who are
not United States citizens, United States residents, or domes-
tic entities, the requirement to file Form TD F 90–22.1, Report
of Foreign Bank and Financial Accounts (FBAR), for the 2009
and earlier calendar years. Announcement 2009–51 supple-
mented and superseded.
EMPLOYEE PLANS
REG–148681–09, page 443.
The Department of Labor and the Department of the Treasury
(the “Agencies”) are currently reviewing the rules under the Em-
ployer Retirement Income Security Act (ERISA) and the plan
qualification rules under the Internal Revenue Code (Code) to
determine whether, and, if so, how, the Agencies could or
should enhance, by regulation or otherwise, the retirement se-
curity of participants in employer-sponsored retirement plans
and in individual retirement arrangements (IRAs) by facilitating
access to, and use of, lifetime income or other arrangements
designedtoprovidealifetimestreamofincomeafterretire-
ment. The purpose of this notice is to solicit views, sugges-
tions and comments from plan participants, employers and
other plan sponsors, plan service providers, and members of
the financial community, as well as the general public, on this
important issue.
EXEMPT ORGANIZATIONS
Announcement 2010–14, page 449.
The IRS has revoked its determination that Nat Turner Legal
Defense of Garland, TX; The Arab American Cultural and Ed-
ucational Center Inc., of Youngstown, OH; Debt Counseling
and Solutions, Inc., of Metairie, LA; Ezekiel’s House of Cen-
tral Florida, Inc., of Salem, IN; Howell’s International, Inc., of
British West Indies; Moore’s Burial Association of Fayetteville,
AR; Mustard Seed Frey Family Foundation of Oakland, CA; River
City Regiment of Sacramento, CA; Silver Point Assurance, Ltd.,
of Knoxville, TN; Skyward Resources of Honolulu, HI; Ward’s
Inc., of Fairfax, VA; Community Revitalization Group of Hermosa
Beach, CA; Curtilage, Inc., of Salt Lake City, UT; Heritage In-
stitute Inc., of St. George, UT; Residential Revitalization Group
of Hermosa Beach, CA; and the United Management Systems
Inc., of Columbus, MA, qualify as organizations described in
sections 501(c)(3) and 170(c)(2) of the Code.
ADMINISTRATIVE
T.D. 9480, page 439.
REG–117501–09, page 442.
Final, temporary, and proposed regulations under section 6654
oftheCoderelatetoreducedestimatedincometaxpayments
for qualified individuals with small business income for any tax-
able year beginning in 2009.
Notice 2010–23, page 441.
This notice provides FBAR filing relief for some persons with
signature authority and who own commingled funds. Notice
2009–62 modified and supplemented.
(Continued on the next page)
Finding Lists begin on page ii.

Announcement 2010–16, page 450.
This announcement temporarily suspends, for persons who are
not United States citizens, United States residents, or domes-
tic entities, the requirement to file Form TD F 90–22.1, Report
of Foreign Bank and Financial Accounts (FBAR), for the 2009
and earlier calendar years. Announcement 2009–51 supple-
mented and superseded.
March 15, 20102010–11 I.R.B.

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.
2010–11 I.R.B.March 15, 2010

March 15, 20102010–11 I.R.B.

Part I. Rulings
and Decisions Under the Internal Revenue Code
of 1986
Section 6654.—Failure By
Individual to Pay Estimated
Income Tax
26 CFR 1.6654–2: Exceptions to imposition of the
addition to the tax in the case of individuals.
T.D. 9480
DEPARTMENT OF THE
TREASURY
Internal Revenue Service
26 CFR Part 1
Reduced 2009 Estimated
Income Tax Payments
for Individuals with Small
Business Income
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Final and temporary regula-
tions.
SUMMARY: This document contains final
and temporary regulations under section
6654 of the Internal Revenue Code (Code)
relating to reduced estimated income tax
payments for qualified individuals with
small business income for any taxable
year beginning in 2009. The temporary
regulations implement changes to section
6654 made by the American Recovery and
Reinvestment Act of 2009. The temporary
regulations provide guidance for qualified
individuals with small business income to
certify that they satisfy the statutory gross
income requirement for purposes of the
reduction in their required 2009 estimated
income tax payments. The text of the tem-
porary regulations serves as the text of the
proposed regulations (REG–117501–09)
set forth in the notice of proposed rule-
making on this subject in this issue of the
Bulletin.
DATES:Effective Date:These regulations
are effective on March 1, 2010.
Applicability Date:These regulations
apply for any taxable year beginning in
2009.
FOR FURTHER INFORMATION
CONTACT: Adrienne Mikolashek, (202)
622–4940 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
These temporary regulations contain
amendments to the Income Tax Regu-
lations (26 CFR part 1) under section
6654(d) of the Code relating to the ad-
dition to tax for failure by an individual
to pay estimated income tax. Section
6654(d)(1)(D) was added by section 1212
of Division B of the American Recovery
and Reinvestment Act of 2009, Public
Law 111–5 (123 Stat. 336 (2009)), effec-
tive for taxable years beginning in 2009.
Section 6654 imposes an addition to
tax in the case of an individual taxpayer’s
underpayment of estimated tax. Estimated
tax is payable in four installments through-
out the taxable year, and the amount of
each required installment is generally
25 percent of the required annual pay-
ment of estimated tax. Under section
6654(d)(1)(B), the required annual pay-
ment is the lesser of (i) 90 percent of the
tax shown on the income tax return for the
taxable year (or, if no return is filed, 90
percent of the tax for the year) or (ii) 100
percent of the tax shown on the taxpayer’s
return for the preceding taxable year (or
110 percent if the taxpayer’s adjusted
gross income for the preceding taxable
year exceeded $150,000). The provision
allowing for the payment of 100 (or 110)
percent of the tax shown on the taxpayer’s
return for the preceding taxable year does
not apply if the preceding taxable year was
less than 12 months or if the taxpayer did
not file a return for that year.
Under section 6654(d)(1)(D), the appli-
cable percentage of tax shown on the re-
turn for the preceding taxable year (either
100 or 110 percent) is reduced to 90 per-
cent for qualified individuals for taxable
years beginning in 2009. In other words,
for taxable years beginning in 2009, a qual-
ified individual’s annual required payment
of estimated tax is the lesser of (i) 90 per-
cent of the tax shown on the return for the
2009 taxable year (or, if no return is filed,
90 percent of the tax for the year) or (ii)
90 percent of the tax shown on the indi-
vidual’s return for taxable year 2008.
Explanation of Provisions
The temporary regulations explain who
is a qualified individual under section
6654(d)(1)(D) and how a taxpayer es-
tablishes that the taxpayer is a qualified
individual. A qualified individual is any
individual (1) whose adjusted gross in-
come shown on the individual’s return
for the preceding taxable year is less than
$500,000 and (2) who certifies that more
than 50 percent of the gross income shown
on that return was income from a small
business. See section 6654(d)(1)(D)(ii).
If an individual is married, within the
meaning of section 7703, and files a sep-
arate return for a taxable year beginning
in 2009, then to qualify, the individual’s
adjusted gross income shown on the pre-
ceding year’s return must be less than
$250,000, rather than $500,000. See
section 6654(d)(1)(D)(iv). Pursuant to
section 6654(d)(1)(D)(ii)(II), the Secre-
tary shall prescribe by regulation the form,
manner, and time for filing a certification.
Additionally, section 6654(m) authorizes
the Secretary to prescribe regulations as
necessary to carry out the purposes of sec-
tion 6654.
Income from a small business is
defined in general terms in section
6654(d)(1)(D)(iii) as income from a trade
or business the average number of em-
ployees of which was less than 500 for
calendar year 2008. The temporary reg-
ulations specify that the trade or business
must be abona fidetrade or business of
which the individual was an owner. The
temporary regulations provide that a trade
or business may be organized as, or take
the legal form of, a corporation, partner-
ship, limited liability company, or sole
proprietorship.
The temporary regulations also provide
that a qualified individual shall file a cer-
tificationwiththeIRSinthemannerand
at the time prescribed in forms, publica-
tions, or other guidance, such as Form
2210, “Underpayment of Estimated Tax by
Individuals, Estates, and Trusts”(orany
successor form and its instructions).
2010–11 I.R.B.439March 15, 2010

The temporary regulations will be ap-
plicable for taxableyears beginning in
2009. The reduced percentage in section
6654(d)(1)(D) is limited to taxable years
beginning in 2009 and does not apply to
taxable years beginning before or after
2009.
Special Analyses
It has been determined that this Trea-
sury decision is not a significant regula-
tory action as defined in Executive Or-
der 12866. Therefore, a regulatory assess-
ment is not required. For the applicability
of the Regulatory Flexibility Act, see the
cross-referenced notice of proposed rule-
making published elsewhere in this issue
of the Bulletin. Pursuant to section 7805(f)
of the Code, this regulation has been sub-
mitted to the Chief Counsel for Advocacy
of the Small BusinessAdministration for
comment on its impact on small business.
Drafting Information
The principal author of these regula-
tions is Adrienne Mikolashek, Office of
the Associate Chief Counsel, Procedure
and Administration.
*****
Amendments to the Regulations
Accordingly, 26 CFR part 1 is amended
as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation for
part 1 is amended by adding an entry in
numerical order to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.6654–2 is amended
by:
1. Revising paragraph (a) introductory
text.
2. Redesignating paragraph (a)(1) as
paragraph (a)(1)(i).
3. Adding new paragraphs (a)(1)(ii)
and (f).
The additions and revision read as fol-
lows:
§1.6654–2 Exceptions to imposition of
the addition to the tax in the case of
individuals.
(a) [Reserved]. For further guidance,
see §1.6654–2T(a).
(1)(i) * * *
(ii) [Reserved]. For further guidance,
see §1.6654–2T(a)(1)(ii).
*****
(f) [Reserved]. For further guidance,
see §1.6654–2T(f).
Par. 3. Section 1.6654–2T is added to
read as follows:
§1.6654–2T Exceptions to imposition
of the addition to the tax in the case of
individuals (temporary).
(a)In general. The addition to the tax
under section 6654 will not be imposed for
any underpayment of any installment of
estimated tax if, on or before the date pre-
scribed for payment of the installment, the
total amount of all payments of estimated
tax made equals or exceeds the lesser of the
amount in §1.6654–2(a)(1) or the amount
in §1.6654–2(a)(2).
(1)(i) [Reserved]. For further guidance,
see §1.6654–2(a)(1)(i).
(ii)Special rule for taxable years begin-
ning in 2009. For any taxable year begin-
ning in 2009, for a qualified individual, the
amount described in §1.6654–2(a)(1)(i) is
reduced to 90 percent of that amount.
(A)Qualified individualmeans any
individual whose adjusted gross income
shown on the individual’s return for
the preceding taxable year is less than
$500,000 and who certifies, as prescribed
in paragraph (a)(1)(ii)(D) of this section,
that more than 50 percent of the gross
income shown on the return for the pre-
ceding taxable year was income from a
small business.
(B)Income from a small business
means income from the operation of a
bona fidetrade or business of which the
individual was an owner during calendar
year 2009, and that on average had fewer
than 500 employees in calendar year 2008.
(C) The trade or business may be orga-
nized as, or take the legal form of, a corpo-
ration, partnership, limited liability com-
pany, or sole proprietorship.
(D) A qualified individual shall file a
certification of the individual’s qualifica-
tion in the manner and at the time pre-
scribed by the Internal Revenue Service in
forms, publications, or other guidance.
(a)(2) through (e) [Reserved]. For
further guidance, see §1.6654–2(a)(2)
through (e).
(f)Effective/applicability date. Para-
graph (a) of this section applies to any tax-
able year beginning in 2009.
(g)Expiration date. The applicability
of paragraph (a) of this section expires on
or before February 26, 2013.
Steven T. Miller,
Deputy Commissioner for
Services and Enforcement.
Approved February 18, 2010.
Michael F. Mundaca,
Acting Assistant Secretary
oftheTreasury(TaxPolicy).
(Filed by the Office of the Federal Register on February 26,
2010, 8:45 a.m., and published in the issue of the Federal
Register for March 1, 2010, 75 F.R. 9101)
March 15, 20104402010–11 I.R.B.

Part III. Administrative, Procedural, and Miscellaneous
FBAR Filing Requirements
— Administrative Relief For
Persons Having Signature
AuthorityOver,ButNo
Financial Interest In, A Foreign
Financial Account, And For
Persons With A Financial
Interest In, Or Signature
Authority Over, Certain
Foreign Commingled Funds
Notice 2010–23
This notice provides administrative re-
lief to certain persons who may be re-
quired to file Form TD F 90–22.1, Report
of Foreign Bank and Financial Accounts
(FBAR), for calendar year 2009 and ear-
lier calendar years.
On August 31, 2009, the Internal Rev-
enue Service published Notice 2009–62,
2009–35 I.R.B. 260, which extended the
filing deadline for (i) persons with no fi-
nancial interest in a foreign financial ac-
count but with signature or other authority
over that account (hereinafter referred to
as “signature authority”); and (ii) persons
with a financial interest in, or signature
authority over, a foreign financial account
in which the assets are held in a commin-
gled fund (hereinafter referred to as “for-
eign commingled funds”). This extension
was provided in order for the Treasury De-
partment to have the time necessary to de-
velop comprehensive FBAR guidance.
To assist in the development of compre-
hensive FBAR guidance, Notice 2009–62
also requested public comments regarding
a person’s FBAR filing obligation, includ-
ing (i) when a person with signature au-
thority over, but no financial interest in,
a foreign financial account should be re-
lieved of filing an FBAR for that account;
(ii) whether the exception from FBAR fil-
ing available for officers and employees of
banks and certain publicly-traded domes-
tic companies should be expanded; (iii)
when an interest in a foreign entity should
be subject to FBAR reporting; and (iv)
whether a United States person should be
relieved from an FBAR filing requirement
with respect to a foreign commingled fund
in other circumstances, such as when filing
would be duplicative of other reporting.
Since the issuance of Notice 2009–62,
and receipt of a significant number of pub-
liccomments,theTreasury Department
has published proposed FBAR regulations
under 31 CFR Part 103, as well as pro-
posed revisions that clarify instructions for
the FBAR (Form TD F 90–22.1). To pro-
vide taxpayers with guidance on who is
required to file FBARs due on June 30,
2010, and in particular to provide imme-
diate guidance to taxpayers on how to an-
swer FBAR-related 2009 federal income
tax return questions (e.g., Schedule B of
Form 1040, the “Other Information” sec-
tion of Form 1041, Schedule B of Form
1065, and Schedule N of Form 1120), the
IRS and Treasury Department believe it is
appropriate to provide the following ad-
ministrative relief:
1. Signature Authority.
Persons with signature authority over,
but no financial interest in, a foreign fi-
nancial account for which an FBAR would
otherwise have been due on June 30, 2010,
will now have until June 30, 2011, to
report those foreign financial accounts.
The deadline of June 30, 2011, applies
to FBARs reporting foreign financial ac-
counts over which the person has signature
authority, but no financial interest, for
the 2010 and prior calendar years. When
completing an FBAR that is subject to
the extension provided in this paragraph,
persons must adhere to FBAR guidance in
effect at the time the FBAR is filed.
2. Certain Foreign Commingled Funds.
Persons with a financial interest in, or
signature authority over, a foreign com-
mingled fund that is a mutual fund are re-
quired to file an FBAR unless another fil-
ing exception, as provided in the FBAR in-
structions or other relevant guidance, ap-
plies. The IRS will not interpret the term
“commingled fund” as applying to funds
other than mutual funds with respect to
FBARs for calendar year 2009 and prior
years. Thus, the IRS has determined that
it will not apply its enforcement authority
adversely in the case of persons with a fi-
nancial interest in, or signature authority
over, any other foreign commingled fund
with respect to that account for calendar
year 2009 and earlier calendar years. A
financial interest in, or signature authority
over, a foreign hedge fund or private eq-
uity fund is included in the administrative
relief provided in the preceding sentence.
3. FBAR-Related Questions on Federal
Tax Forms.
Provided the taxpayer has no other re-
portable foreign financial accounts for the
year in question, a taxpayer who qualifies
for the filing relief provided in this notice
should check the “no” box in response to
FBAR-related questions found on federal
tax forms for 2009 and earlier years that
ask about the existenceof a financial inter-
est in, or signature authority over, a foreign
financial account.
EFFECT ON OTHER DOCUMENTS
Notice 2009–62 is modified and supple-
mented.
The principal author of this notice is
Mark E. Cottrell of the Office of Associate
Chief Counsel (Procedure and Administra-
tion). For further information regarding
this notice, contact Emily M. Lesniak at
(202) 622–4940 (not a toll-free call).
2010–11 I.R.B.441March 15, 2010

Part IV. Items o
fGeneralInterest
Notice of Prop
osed
Rulemaking by
Cross-Refere
nce to
Temporary Re
gulations
Reduced 2009
Estimated
Income Tax Pa
yments
for Individ
uals with Small
Business In
come
REG–117501
–09
AGENCY: In
ternal Revenue Service
(IRS), Tre
asury.
ACTION: No
tice of proposed rulemaking
by cross-r
eference to temporary regula-
tions.
SUMMARY: I
n this issue of the Bulletin,
the IRS is i
ssuing temporary regulations
that prov
ide guidance as to qualified indi-
viduals w
ith small business income who
certify t
hat they satisfy the gross income
requirem
ent for purposes of claiming a
reductio
n in their required 2009 estimated
income t
ax payments. The temporary reg-
ulation
s implement section 1212 of the
America
n Recovery and Reinvestment Act
of 2009,
which amended section 6654(d)
of the In
ternal Revenue Code (Code) to
provid
e for reduced 2009 estimated in-
come ta
x payments for certain qualified
indivi
duals. The text of the temporary
regula
tions (T.D. 9480) also serves as the
text of
these proposed regulations.
DATES:
Written or electronic comments
and re
quests for a public hearing must be
recei
ved by June 1, 2010.
ADDRE
SSES: Send submissions to:
CC:PA
:LPD:PR(REG–117501–09),
Room 5
203, Internal Revenue Service,
P.O. B
ox 7604, Ben Franklin Station,
Wash
ington, DC 20044. Submissions may
be ha
nd-delivered Monday through Friday
betw
een the hours of 8 a.m. and 4 p.m.
to: C
C:PA:LPD:PR (REG–117501–09),
Cour
ier’s Desk, Internal Revenue Ser-
vice
, 1111 Constitution Avenue, N.W.,
Was
hington, DC, or sent electroni-
cal
ly via the Federal eRulemaking Por-
tal
athttp://www.regulations.gov/(IRS
REG
–117501–09).
FOR FURTHER IN
FORMATION
CONTACT: Conc
erning the proposed reg-
ulations, Adr
ienne Mikolashek at (202)
622–4940; con
cerning submission of com-
ments and a req
uest for a public hearing,
Regina Johns
on at (202) 622–7180 (not
toll-free nu
mbers).
SUPPLEMENTA
RY INFORMATION:
Background
Temporary re
gulations in this issue of
the Bulletin
amend the Income Tax Regu-
lations (26
CFR part 1) relating to section
6654. Secti
on 6654 imposes an addition to
tax in the ca
se of an individual taxpayer’s
underpayme
nt of estimated tax. The tem-
porary regu
lations provide guidance on re-
duced esti
mated income tax payments for
qualified
individuals with small business
income for
any taxable year beginning in
2009. The t
ext of those regulations also
serves as t
he text of these proposed reg-
ulations
. The preamble to the temporary
regulati
ons explains the temporary regula-
tions and
these proposed regulations.
Proposed
Effective Date
The regul
ations, as proposed, apply to
any taxab
le year that begins in 2009 or af-
ter the da
te of publication of the Treasury
decisio
n adopting these rules as final reg-
ulation
sintheFederal Register.
Special
Analyses
It has be
en determined that this notice
of propo
sed rulemaking is not a significant
regulat
ory action as defined in Executive
Order 1
2866. Therefore, a regulatory
assess
ment is not required. It also has
been de
termined that section 553(b) of the
Admini
strative Procedure Act (5 U.S.C.
chapte
r 5) does not apply to these reg-
ulatio
ns, and because the regulations do
not im
pose a collection of information on
small
entities, the Regulatory Flexibility
Act (5
U.S.C. chapter 6) does not apply.
Pursu
ant to section 7805(f) of the Code,
these
regulations have been submitted
to th
e Chief Counsel for Advocacy of
the S
mall Business Administration for
comm
ent on its impact on small business.
Comments and R
equests 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)orelectroniccom-
ments that are submitted timely to the IRS.
The IRS and the Treasury Department re-
quest comments on the substance of the
proposed regulations, as well as on the
clarity of the proposed rules and how they
can be made easier to understand. All
comments will be available for public in-
spection and copying. A public hearing
will be scheduled if requested in writing by
any person that timely submits comments.
If a public hearing is scheduled, notice of
the date, time and place for the public hear-
ing will be published in theFederal Reg-
ister.
Drafting Information
The principal author of these proposed
regulations is Adrienne Mikolashek, Of-
fice of the Associate Chief Counsel, Pro-
cedure and Administration.
*****
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 1 is proposed
to be amended as follows:
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 * * *
Section1.6654–2alsoissuedunder
26 U.S.C. 6654(d) * * *
Par. 2. Section 1.6654–2 is amended
by revising paragraph (a) introductory text,
and paragraphs (a)(1)(ii) and (f) to read as
follows:
§1.6654–2 Exceptionsto imposition of
the addition to the tax in the case of
individuals.
(a) [
The text of the proposed amend-
ment
to §1.6654–2(a) is the same as the
text
of §1.6654–2T(a) published elsewhere
in t
his issue of the Bulletin].
(1)(
i)***
March 15, 20104422010–11 I.R.B.

(ii) [The text of the proposed amend-
ment to §1.6654–2(a)(1)(ii) is the same as
the text of §1.6654–2T(a)(1)(ii) published
elsewhere in this issue of the Bulletin].
*****
(f) [The text of the proposed amend-
ment to §1.6654–2(f) is the same as the
text of §1.6654–2T(f) published elsewhere
in this issue of the Bulletin].
Steven T. Miller,
Deputy Commissioner for
Services and Enforcement.
(Filed by the Office of the Federal Register on February 26,
2010, 8:45 a.m., and published in the issue of the Federal
Register for March 1, 2010, 75 F.R. 9141)
Notice of Proposed
Rulemaking
Request for Information
Regarding Lifetime Income
Options for Participants and
Beneficiaries in Retirement
Plans
REG–148681–09
AGENCIES:Employee Benefits Security
Administration, Department of Labor; In-
ternal Revenue Service, Department of the
Treasury.
ACTION:Request for information.
SUMMARY:The Department of Labor
and the Department of the Treasury (the
“Agencies”) are currently reviewing the
rules under the Employee Retirement
Income Security Act (ERISA) and the
plan qualification rules under the Inter-
nal Revenue Code (Code) to determine
whether, and, if so, how, the Agencies
could or should enhance, by regulation
or otherwise, the retirement security of
participants in employer-sponsored retire-
ment plans and in individual retirement
arrangements (IRAs) by facilitating access
to, and use of, lifetime income or other
arrangements designed to provide a life-
time stream of incomeafter retirement.
The purpose of this notice is to solicit
views, suggestions and comments from
plan participants, employers and other
plan sponsors, plan service providers, and
members of the financial community, as
well as the general public, on this impor-
tant issue.
DATES:Comments must be submitted on
or before May 3, 2010.
ADDRESSES:You may submit written
comments to any of the addresses specified
below. Any comment that is submitted to
either Agency will be shared with the other
Agency. Please do not submit duplicates.
Department of Labor. Comments to the
Department of Labor, identified by RIN
1210-AB33, by one of the following meth-
ods:
•FederaleRulemakingPortal:
http://www.regulations.gov. Follow
the instructions for submitting com-
ments.
•E-mail:e-ORI@dol.gov. Include RIN
1210-AB33 in the subject line of the
message.
•Mail: Office of Regulations and In-
terpretations, Employee Benefits Se-
curity Administration, Room N–5655,
U.S. Department of Labor, 200 Consti-
tution Avenue, NW, Washington, DC
20210, Attention: Lifetime Income
RFI.
All submissions received must include
the agency name and Regulation Identi-
fier Number (RIN) for this rulemaking.
Comments received will be posted without
change tohttp://www.regulations.govand
http://www.dol.gov/ebsa, and made avail-
able for public inspection at the Public Dis-
closure Room, N–1513, Employee Bene-
fits Security Administration, 200 Constitu-
tion Avenue, NW, Washington, DC 20210,
including any personal information pro-
vided. Persons submitting comments elec-
tronically are encouraged not to submit pa-
per copies.
Internal Revenue Service. Comments
to the IRS, identified by REG–148681–09,
by one of the following methods:
•Mail:CC:PA:LPD:PR
(REG–148681–09), Room 5205,
Internal Revenue Service, P.O. Box
7604, Ben Franklin Station, Washing-
ton, DC 20044.
•Hand or courier delivery:Mon-
day through Friday between the
hours of 8 a.m. and 4 p.m. to:
CC:PA:LPD:PR (REG–148681–09),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW, Washington, DC 20224.
•FederaleRulemakingPortal:
http://www.regulations.gov.Follow
the instructions for submitting com-
ments (IRS REG–148681–09).
All submissions to the IRS will be open
to public inspection and copying in room
1621, 1111 Constitution Avenue, NW,
Washington, DC from 9 a.m. to 4 p.m.
FOR FURTHER INFORMATION
CONTACT:StephanieL.WardorLuisa
Grillo-Chope, Office of Regulations and
Interpretations, Employee Benefits Se-
curity Administration (EBSA), (202)
693–8500 or Peter J. Marks, Office of Di-
vision Counsel/Associate Chief Counsel
(Tax Exempt and Government Entities),
Internal Revenue Service, Department of
the Treasury, at (202) 622–6090. These
are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
A. Background
The Agencies are issuing this request
for information in furtherance of their ef-
forts to promote retirement security for
American workers. The Secretary of La-
bor’s overarching vision for the work of
the Department of Labor is to advance
good jobs for everyone. Good jobs provide
wages that support families, and rise with
time and productivity. Good jobs also pro-
vide safe and healthy working conditions.
Finally, good jobs, no matter the type or
income level, provide retirement security.
Consistent with these objectives, the De-
partment of the Treasury strives to promote
economic growth, stability, and economic
security, including retirement security, for
American workers, and oversees the fed-
eral tax expenditures for retirement sav-
ings and security.
Retirement security is provided to many
workers through defined benefit pension
plans sponsored by their employers. Em-
ployers that sponsor defined benefit pen-
sion plans are responsible for making con-
tributions that are sufficient for funding the
promised benefit, investing and managing
plan assets (as fiduciaries), and bearing in-
vestment risks because the employer, as
plan sponsor, is required to make enough
contributions to the plan to fund benefit
payments during retirement. In addition,
2010–11 I.R.B.443March 15, 2010

when the defined benefit pension plan pays
(or offers to pay) a lifetime annuity, it
provides (or offers to provide) protection
against the risk of outliving one’s assets in
retirement (longevity risk).
Department of Labor data, however,
show a trend away from sponsorship of
defined benefit plans, toward sponsor-
ship of defined contribution plans. The
number of active participants in defined
benefit plans fell from about 27 million in
1975 to approximately 20 million in 2006,
whereas the number of active participants
in defined contribution plans increased
from about 11 million in 1975 to 66 mil-
lion in 2006.
1
While defined contribution plans have
some strengths relative to defined bene-
fit plans, participants in defined contri-
bution plans bear the investment risk be-
cause there is no promise by the employer
as to the adequacy of the account bal-
ance that will be available or the income
stream that can be provided after retire-
ment. Moreover, while defined benefit
plans are generally required to make an-
nuities available to participants at retire-
ment, 401(k) and other defined contribu-
tion plans typically make only lump sums
available. Furthermore, many traditional
defined benefit plans have converted to
lump sum-based hybrid plans, such as cash
balance or pension equity plans, and many
others have simply added lump sum op-
tions. Accordingly, with the continuing
trend away from traditional defined ben-
efit plans to 401(k) defined contribution
plans and hybrid plans, including the as-
sociated trend away from annuities toward
lump sum distributions, employees are not
only increasingly responsible for the ade-
quacy of their savings at the time of retire-
ment, but also for ensuring that their sav-
ings last throughout their retirement years
and, in many cases, the remaining lifetimes
of their spouses and dependents.
In recognition of the foregoing, the
Agencies are considering whether it would
be appropriate for them to take future
steps to facilitate access to, and use of,
lifetime income or other arrangements de-
signed to provide a stream of income after
retirement. This includes a review of ex-
isting regulations and other guidance and
consideration of whether any such steps
would enhance the retirement security of
participants in retirement plans, taking
into account potential effects on and trade-
offs involving other policy objectives.
To that end, this request for information
(RFI) sets forth a number of questions that
are generally organized into categories
under which the Agencies may be able
to provide additional guidance if appro-
priate. This RFI also includes a number
of questions pertaining to the economic
impact of rulemaking, and to impediments
beyond the statutory requirements, if any.
Commenters are not limited to these ques-
tions and are invited to respond to all or
any subset of the questions, but the Agen-
cies request that commenters relate their
responses to specific questions when pos-
sible.
Similar considerations arise when par-
ticipants decide how to take retirement dis-
tributions from an IRA (including an IRA
that holds rollover distributions from qual-
ified retirement plans). Further, partici-
pants often elect to take lump sum dis-
tributions where they are available from
defined benefit plans, which may also be
rolled over to an IRA. Commenters are en-
couraged to address these contexts as well,
identifying the particular types of arrange-
ments to which their comments relate.
All comments will be considered, and
comments supported by references to em-
pirical data will be particularly appreci-
ated. In considering the questions set forth
in this RFI, commenters are encouraged to
take into account the following studies and
commentary:
2009 GAO Report
In July 2009, the Government Account-
ability Office (GAO) published Report
GAO–09–642 entitled, “Private Pensions:
Alternative Approaches Could Address
Retirement Risks Faced by Workers but
Pose Trade-offs.” The GAO found that
workers face a number of risks in both
accumulating and preserving pension ben-
efits. The GAO found, in relevant part,
that:
Workers that receive lump-sum distri-
butions, in particular, face several risks
related to how they withdraw, or ’draw
down’ their benefits, including:
•Longevity risk — retirees may draw
down benefits too quickly and out-
live their assets. Conversely, re-
tirees may draw down their ben-
efits too slowly, unnecessarily re-
duce their consumption, and leave
more wealth than intended when
they die.
•Investment risk — assets in which
pension savings are invested may
decline in value.
•Inflation risk — inflation may di-
minish the purchasing power of a
retiree’s pension benefits.
Commenters are encouraged to con-
sider this GAO report in review-
ing the issues identified in this RFI.
This report may be accessed at
www.gao.gov/new.items/d09642.pdf.
2007 GAO Report
In November 2007, the GAO published
Report GAO–08–8 entitled, “Private Pen-
sions: Low Defined Contribution Plan
Savings May Pose Challenges to Re-
tirement Security, Especially for Many
Low-Income Workers.” The GAO con-
cluded that only 36 percent of workers
participated in a current defined contribu-
tion plan in 2004, with the total median ac-
count balance (for workers with a current
or former DC plan, including rolled-over
retirement funds) of only $22,800. The
median account balance was $50,000 for
workers age 55 to 64 and $60,600 for
those age 60 to 64. The report is rel-
evant to this RFI because the need for
lifetime income may be most acute among
workers who have small but significant
retirement savings balances. Commenters
are encouraged to consider this GAO re-
port in reviewing the issues identified in
this RFI. This report may be accessed at
www.gao.gov/new.items/d088.pdf.
2003 GAO Report
In July 2003, the General Account-
ing Office (GAO) published Report
GAO–03–810 entitled, “Private Pensions:
Participants Need Information on Risks
They Face in Managing Pension Assets at
and During Retirement.” The GAO con-
cluded that:
1
The number of active participants in 1975 and 2006 are not directly comparable because of adjustments in the definition of a participant. Please see a detailed explanation of the
adjustment in U.S. Department of Labor, Employee Benefits Security Administration, “Private Pension Plan Bulletin Historical Tables and Graphs,”February 2009, p. 1–9. See
www.dol.gov/ebsa/pdf/1975–2006historicaltables.pdf.
March 15, 20104442010–11 I.R.B.

The decreasing number of em-
ployer-sponsored pension plans that
offer only life annuities at retirement
and the increasing percentage of re-
tiring participants who choose benefit
payouts other than annuities suggest
that, in the future, fewer retirees may
receive pension income guaranteed to
last throughout retirement. The growth
in the number of DC plans, along with
the increasing availability of lump sums
from DB plans, means that retirees will
face greater responsibility and choices
for managing their pension and other
assets at and throughout retirement.
Depending on their choices, retirees
could be at greater risk of outliving
their pension and retirement savings
plan assets or ultimately having insuffi-
cient income to maintain their standard
of living through their retirement years.
Such risks underscore the need for
providing enhanced information and
education to participants about their
available payout options, the issues
they may face in managing retirement
assets, and how different options may
mitigate, or increase, these risks. As
part of their responsibility, retirees will
have to weigh certain pros and cons
of different ways to manage and pre-
serve pension assets. Currently, the
notices that plan sponsors must furnish
to retiring participants are not sufficient
to help them choose payout options
that suit their individual circumstances,
while assuring adequate levels of such
income to the extent possible. Our
expert panel suggested that providing
several types of information, such as
on risks that could affect retirement
income security, could help retiring
participants make more informed de-
cisions regarding how they balance
income and expenditures during retire-
ment.
This report, which did not recommend
executive branch action, nonetheless rec-
ommended that the Congress may wish
to consider amending ERISA to require
plan sponsors to provide participants with
a notice on risks that individuals face in
managing their income and expenditures
at and during retirement. Commenters
are encouraged to consider this GAO re-
port in reviewing the issues identified in
this RFI. This report may be accessed at
www.gao.gov/new.items/d03810.pdf.
ERISA Advisory Council Reports
In 2007, the ERISA Advisory Coun-
cil’s Working Group on Financial Literacy
of Plan Participants and the Role of the
Employer undertook a study of numerous
issues relating to increasing the financial
decision-making skills of plan partici-
pants. The Working Group issued a report
containing, among others, the following
recommendation: “The Working Group
recommends that the Department of Labor
expand the reach of [Interpretive Bul-
letin 96–1] by changing and updating it.
As innovation continues in the financial
marketplace, educational initiatives will
need to address items heretofore not nec-
essarily addressed in 96–1. 96–1 needs
to address information, education, and
advice in the de-accumulation stage as
well as the accumulation phase. Fur-
ther, as innovation continues in this area,
96–1 needs to be continually updated.”
Commenters are encouraged to consider
this report in reviewing the issues iden-
tified in this RFI. This report may be
accessed atwww.dol.gov/ebsa/publica-
tions/AC–1107a.html.
In 2008, the ERISA Advisory Coun-
cil’s Working Group on the Spend Down
of Defined Contribution Assets at Retire-
ment undertook a study on the types of
guidance that could help plan sponsors and
plan participants make better informed
decisions regarding plan investment and
insurance vehicles that provide periodic or
lifetime distributions. The Working Group
issued a report containing, in relevant
part, the following recommendations: (1)
expand the reach of Interpretive Bulletin
96–1 by adapting it to the spend down
phase; (2) clarify that products which are
eligible qualified default investment al-
ternatives while participants are actively
participating in the plan will continue to
so qualify; (3) encourage, authorize, en-
dorse and facilitate plan communications
that use retirement income replacement
formulas based on final pay and other rea-
sonable assumptions in employee benefit
statements on an individual participant
basis; and (4) enhance plan sponsor and
participant education by publishing and
regularly updating information about
the distribution options available to par-
ticipants in defined contribution plans.
Commenters are encouraged to consider
this report in reviewing the issues iden-
tified in this RFI. This report may be
accessed atwww.dol.gov/ebsa/publica-
tions/2008ACreport3.html.
B. Request for Information
The purpose of this notice is to so-
licit views, suggestions and comments
from plan participants, plan sponsors,
plan service providers and members of
the financial community, as well as the
general public, to assist the Agencies in
evaluating what steps,if any, they could or
should take, by regulation or otherwise, to
enhance the retirement security of partic-
ipants in employer-sponsored retirement
plans and IRAs by facilitating access to,
and use of, lifetime income or other ar-
rangements designed to provide a stream
of lifetime income after retirement. To
facilitate consideration of the issues, the
Agencies have set forth below a number of
matters and specific questions with respect
to which views, suggestions, comments
and information are requested. In addition
to addressing any or all of the matters and
questions referred to below, interested per-
sons are encouraged to address any other
matters they believe to be germane to the
Agencies’ consideration of lifetime annu-
ities and similar lifetime income issues,
particularly as they relate to defined con-
tribution plans and defined benefit plans
that distribute benefits as lump sums.
General
1. From the standpoint of plan partici-
pants, what are the advantages and disad-
vantages for participants of receiving some
or all of their benefits in the form of life-
time payments?
2. Currently the vast majority of indi-
viduals who have the option of receiving
a lump sum distribution or ad hoc peri-
odic payments from their retirement plan
or IRA choose to do so and do not select
a lifetime income option. What explains
thelowusagerateoflifetimeincomear-
rangements? Is it the result of a market
failure or other factors (e.g.,cost,com-
plexity of products, adverse selection, poor
decision-making by consumers, desire for
flexibility to respond to unexpected finan-
cial needs, counterparty risk of seller in-
solvency, etc.)? Are there steps that the
Agencies could or should take to overcome
at least some of the concerns that keep
2010–11 I.R.B.445March 15, 2010

plan participants from requesting or elect-
ing lifetime income?
3. What types of lifetime income are
currently available to participants directly
from plans (in-plan options), such as pay-
ments from trust assets held under a de-
fined benefit plan and annuity payments
from insurance contracts held under a de-
fined contribution or defined benefit plan?
4. To what extent are the lifetime in-
come options referenced in question 3
provided at retirement or other termina-
tion of employment as opposed to being
offered incrementally during the accumu-
lation phase, as contributions are made?
How are such incremental or accumulat-
ing annuity arrangements structured?
5. To what extent are 401(k) and other
defined contribution plan sponsors using
employer matching contributions or em-
ployer nonelective contributions to fund
lifetime income? To what extent are par-
ticipants offered a choice regarding such
use of employer contributions, including
by default or otherwise?
6. What types of lifetime income or
other arrangements designed to provide
a stream of income after retirement are
available to individuals who have already
received distributions from their plans
(out-of-plan options), such as IRA prod-
ucts, and how are such arrangements being
structured (fixed, inflation adjusted, or
other variable, immediate or deferred,
etc.)? Are there annuity products under
which plan accumulations can be rolled
over to an individual retirement annuity
ofthesameissuertoretaintheannuity
purchase rights that were available under
the plan?
7. What product features have a sig-
nificant impact on the cost of providing
lifetime income or other arrangements de-
signed to provide a stream of income af-
ter retirement, suchas features that pro-
vide participants with the option of life-
time payments, while retaining the flexi-
bility to accelerate distributions if needed?
8. What are the advantages and disad-
vantages for participants of selecting life-
time income payments through a plan (in-
plan option) as opposed to outside a plan
(e.g., after a distribution or rollover)?
9. What are the advantages and disad-
vantages from the standpoint of the plan
sponsor of providing an in-plan option for
lifetime income as opposed to leaving to
participants the task of securing a lifetime
income vehicle after receiving a plan dis-
tribution?
10. How commonly do plan sponsors
offer participants the explicit choice of us-
ing a portion of their account balances to
purchase a lifetime annuity, while leaving
the rest in the plan or taking it as a lump
sum distribution or a series of ad hoc dis-
tributions? Why do some plan sponsors
make this partial annuity option available
while others do not? Would expanded of-
fering of such partial annuity options —
or particular ways of presenting or framing
such choices to participants — be desirable
and would this likely make a difference in
whether participants select a lifetime annu-
ity option?
11. Various “behavioral” strategies
for encouraging greater use of lifetime
income have been implemented or sug-
gested based on evidence or assumptions
concerning common participant behavior
patterns and motivations. These strategies
have included the use of default or auto-
matic arrangements (similar to automatic
enrollment in 401(k) plans) and a focus on
other ways in which choices are structured
or presented to participants, including ef-
forts to mitigate “all or nothing” choices
by offering lifetime income on a partial,
gradual, or trial basis and exploring dif-
ferent ways to explain its advantages and
disadvantages. To what extent are these or
other behavioral strategies being used or
viewed as promising means of encourag-
ing more lifetime income? Can or should
the 401(k) rules, other plan qualification
rules, or ERISA rules be modified, or their
application clarified, to facilitate the use
of behavioral strategies in this context?
12. How should participants determine
what portion (if any) of their account bal-
ance to annuitize? Should that portion be
based on basic or necessary expenses in re-
tirement?
13. Should some form of lifetime in-
come distribution option be required for
defined contribution plans (in addition to
money purchase pension plans)? If so,
should that option be the default distri-
bution option, and should it apply to the
entire account balance? To what extent
would such a requirement encourage or
discourage plan sponsorship?
14. What are the impediments to plan
sponsors’ including lifetime income op-
tions in their plans,e.g.,401(k)orother
qualification rules, other federal or state
laws, cost, potential liability, concern
about counterparty risk, complexity of
products, lack of participant demand?
15. What are the advantages and disad-
vantages of approaches that combine an-
nuities with other products (reverse mort-
gages, long term care insurance), and how
prevalent are these combined products in
the marketplace?
16. Are there differences across de-
mographic groups (for example men vs.
women) that should be considered and
reflected in any retirement security pro-
gram? Can adjustments for any differ-
ences be made within existing statutory
authority?
Participant Education
The Department of Labor issued Inter-
pretive Bulletin 96–1 (29 CFR 2509.96–1)
to clarify that the provision of investment
education, as described in the Bulletin, will
not be considered the provision of “invest-
ment advice,” which would give rise to
fiduciary status and potential liability un-
der ERISA for plan participants’ and ben-
eficiaries’ investment decisions.
17. What information (e.g.,fees,risks,
etc.) do plan participants need to make in-
formed decisions regarding whether to se-
lect lifetime income or other arrangements
designed to provide a stream of income
after retirement? When and how (i.e.,in
what form) should it be provided? What
information currently is provided to partic-
ipants, who typically provides it, and when
and how is it provided to them?
18. Is there a need for guidance, reg-
ulatory or otherwise, regarding the extent
to which plan assets can be used to pay
for providing information to help partici-
pants make informed decisions regarding
whether to select lifetime income or other
arrangements designed to provide a stream
of income after retirement, either via an
in-plan or out-of plan option?
19. What specific legal concerns do
plan sponsors have about educating partic-
ipants as to the advantages and disadvan-
tages of lifetime income or other arrange-
ments designed to provide a stream of in-
come after retirement? What actions, reg-
ulatory or otherwise, could the Agencies
take to address such concerns?
20. To what extent should plans be en-
couraged to provide or promote education
about the advantages and disadvantages of
March 15, 20104462010–11 I.R.B.

lifetime annuities or similar lifetime in-
come products, and what guidance would
be helpful to accomplish this?
DisclosingtheIncomeStreamthatCan
be Provided from an Account Balance
ERISA section 105 requires defined
contribution plans to furnish to each par-
ticipant an individual benefit statement,
at least annually, that includes the par-
ticipant’s “accrued benefits,”i.e.,the
individual’s account balance.
21. Should an individual benefit state-
ment present the participant’s accrued ben-
efits as a lifetime income stream of pay-
ments in addition to presenting the benefits
as an account balance?
22. If the answer to question 21 is yes,
how should a lifetime stream of income
payments be expressed on the benefit
statement? For example, should payments
be expressed as if they are to begin im-
mediately or at specified retirement ages?
Should benefit amounts be projected to a
future retirement age based on the assump-
tion of continued contributions? Should
lifetimeincomepaymentsbeexpressedin
the form of monthly or annual payments?
Should lifetime income payments of a
married participantbe expressed as a sin-
gle-life annuity payable to the participant
or a joint and survivor-type annuity, or
both?
23. If the answer to question 21 is yes,
what actuarial or other assumptions (e.g.,
mortality, interest, etc.) would be needed
in order to state accrued benefits as a life-
time stream of payments? If benefit pay-
ments are to commence at some date in the
future, what interest rates (e.g., deferred
insurance annuity rates) and other assump-
tions should be applied? Should an ex-
pense load be reflected? Are there any au-
thoritative tools or sources (online or oth-
erwise) that plans should or could use for
conversion purposes, or would the plan
need to hire an actuary? Should caveats
be required so that participants understand
that lifetime income payments are merely
estimates for illustrative purposes? Should
the assumptions underlying the presenta-
tion of accrued benefits as a lifetime in-
come stream of payments be disclosed to
participants? Should the assumptions used
to convert accounts into a lifetime stream
of income payments be dictated by regu-
lation, or should the Department issue as-
sumptions that plan sponsors could rely
upon as safe harbors?
24. Should an individual benefit state-
ment include an income replacement ra-
tio (e.g., the percentage of working income
an individual would need to maintain his
or her pre-retirement standard of living)?
If so, what methodology should be used
to establish such a ratio, such as pre-re-
tirement and post-retirement inflation as-
sumptions, and what are the impediments
for plans to present the ratio in a meaning-
ful way to participants on an individual-
ized basis?
401(k) and Other Plan Qualification
Rules
Income Tax Regulations that apply
specifically to lifetime annuities include:
26 CFR 1.401(a)–11, 26 CFR 1.401(a)–20,
26 CFR 1.401(a)(9)–1 through 26 CFR
1.401(a)(9)–9, 26 CFR 1.417(a)(3)–1, and
26 CFR 1.417(e)–1.
25. How do the 401(k) or other plan
qualification rules affect defined contribu-
tion plan sponsors’ and participants’ inter-
est in the offering and use of lifetime in-
come? Are there changes to those rules
that could or should be made to encourage
lifetime income without prejudice to other
important policy objectives?
26. Could or should any changes be
made to the rules relating to qualified joint
and survivor annuities and spousal con-
sents to encourage the use of lifetime in-
come without compromising spousal pro-
tections?
27. Should further guidance clarify the
application of the qualified joint and sur-
vivor annuity rules or other plan qualifi-
cation rules to arrangements in which de-
ferred in-plan insurance annuities accumu-
late over time with increasing plan contri-
butions and earnings?
28. How do the required minimum
distribution rules affect defined contribu-
tion plan sponsors’ and participants’ inter-
est in the offering and use of lifetime in-
come? Are there changes to those rules
that could or should be made to encourage
lifetime income without prejudice to other
important policy objectives? In particu-
lar, how are deferred annuities that begin
at an advanced age (sometimes referred to
as longevity insurance) affected by these
rules? Are there changes to the rules that
could or should be considered to encour-
age such arrangements?
29. Are employers that sponsor both
defined benefit and defined contribution
plans allowing participants to use their de-
fined contribution plan lump sum payouts
to “purchase” lifetime income from the de-
fined benefit plan? Could or should any
actions be taken to facilitate such arrange-
ments? Should plans be encouraged to
permit retirees who previously took lump
sums to be given the option of rolling it
back to their former employer’s plan in
order to receive annuity or other lifetime
benefits?
Selection of Annuity Providers
The Department of Labor’s regulation
29 CFR 2550.404a–4 contains a fiduciary
safe harbor for the selection of annuity
providers for the purpose of benefit distri-
butions from defined contribution plans.
30. To what extent do fiduciaries
currently use the safe harbor under
29 CFR 2550.404a–4 when selecting
annuity providers for the purpose of
making benefit distributions?
31. To what extent could or should the
Department of Labor make changes to the
safe harbor under 29 CFR 2550.404a–4 to
increase its usage without compromising
important participant protections? What
are those changes and why should they be
made?
32. To what extent could or should the
safe harbor under 29 CFR 2550.404a–4 be
extended beyond distribution annuities to
cover other lifetime annuities or similar
lifetime income products? To which prod-
ucts should or could the safe harbor be ex-
tended?
ERISA Section 404(c)
ERISA section 404(c) and 29 CFR
2550.404c–1 provide defined contribution
plan fiduciaries with limited relief from
the fiduciary responsibility provisions of
ERISA where a participant or beneficiary
exercises control over the assets in his or
her account.
33. To what extent are fixed deferred
lifetime annuities (i.e., incremental or
accumulating annuity arrangements) or
similar lifetime income products currently
used as investment alternatives under
ERISA 404(c) plans? Are they typically
2010–11 I.R.B.447March 15, 2010

used as core investment alternatives (alter-
natives intended to satisfy the broad range
of investments requirement in 29 CFR
2550.404c–1) or non-core investment al-
ternatives? What are the advantages and
disadvantages of such products to par-
ticipants? What information typically is
disclosed to the participant, in what form,
and when? To what extent could or should
the ERISA 404(c) regulation be amended
to encourage use of these products?
34. To what extent do ERISA 404(c)
plans currently provide lifetime income
through variable annuity contracts or sim-
ilar lifetime income products? What are
the advantages and disadvantages of such
products to participants? What informa-
tion about the annuity feature typically is
disclosed to the participant, in what form,
and when? To what extent could or should
the ERISA 404(c) regulation be amended
to encourage use of these products?
Qualified Default Investment
Alternatives
ERISA section 404(c)(5) provides that,
for purposes of ERISA section 404(c)(1),
a participant in a defined contribution
plan will be treated as exercising control
over the assets in his or her account with
respect to the amount of contributions
and earnings if, in the absence of an in-
vestment election by the participant, such
assets are invested by the plan in accor-
dance with regulations of the Department
of Labor. The Department of Labor’s
regulation 29 CFR 2550.404c–5 describes
the types of investment products that are
qualified default investment alternatives
under ERISA section 404(c)(5).
35. To what extent are plans using de-
fault investment alternatives that include
guarantees or similar lifetime income fea-
tures ancillary to the investment fund,
product or model portfolio, such as a target
maturity fund product that contains a guar-
antee of minimum lifetime income? What
are the most common features currently
in use? Are there actions, regulatory or
otherwise, the Agencies could or should
take to encourage use of these lifetime in-
come features in connection with qualified
default investment alternatives?
Comments Regarding Economic
Analysis, Regulatory Flexibility Act,
and Paperwork Reduction Act
Executive Order 12866 (EO 12866)
requires an assessment of the anticipated
costs and benefits of a significant rulemak-
ing action and the alternatives considered,
using the guidance provided by the Office
of Management and Budget. In addition,
the Regulatory Flexibility Act (RFA) may
require the preparation of an analysis of
the economic impact on small entities of
proposed rules and regulatory alternatives.
For this purpose, the Agencies consider a
small entity to be an employee benefit plan
with fewer than 100 participants. The Pa-
perwork Reduction Act (PRA) requires an
estimate of how many “respondents” will
be required to comply with any “collection
of information” requirements contained in
regulations and how much time and cost
will be incurred as a result.
The Agencies in this section of the RFI
are requesting comments that may con-
tribute to any analyses that may eventu-
ally need to be performed under EO 12866,
RFA, and PRA, both generally and with re-
spect to specific areas identified in ques-
tions 36 through 39.
36. What are the costs and benefits to a
plan sponsor of offering lifetime annuities
or similar lifetime income products as an
in-plan option? Please quantify if possible.
37. Are there unique costs to small
plans that impede their ability to offer life-
time annuities or similar lifetime income
products as an in-plan option to their par-
ticipants? What special consideration, if
any, is needed for these small entities?
38. Would making a lifetime annuity or
other lifetime income product the default
form of benefit payment have an impact
on employee contribution rates? If so, in
which direction and why?
39. For plans that offer lifetime annu-
ities or similar lifetime income products,
what percentage of eligible workers elect
to annuitize at least some of their retire-
ment assets and what percentage elect to
annuitize all of their assets?
March 15, 20104482010–11 I.R.B.

Signed at Washington, D.C., this 27th day of January, 2010.
Phyllis C. Borzi
Assistant Secretary
Employee Benefits Security Administration
Department of Labor
Signed at Washington, D.C., this 27th day of January, 2010.
Nancy J. Marks
Division Counsel/Associate Chief Counsel
Tax Exempt and Government Entities
Internal Revenue Service, Department of the
Treasury
Signed at Washington, D.C., this 26th day of January, 2010.
J. Mark Iwry
Senior Advisor to the Secretary
Deputy Assistant Secretary for Retirement and
Health Benefits
Department of the Treasury
(Filed by the Office of the Federal Register on February 1,
2
010, 8:45 a.m., and published in the issue of the Federal
Register for February 2, 2010, 75 F.R. 5253)
Deletions From Cumulative
List of Organizations
Contributions to Which
are Deductible Under Section
170 of the Code
Announcement 2010–14
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
Bulletin that an organization no longer
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 15, 2010
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.
2010–11 I.R.B.449March 15, 2010

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.
Nat Turner Legal Defense
Garland, TX
The Arab American Cultural and
Educational Center Inc.
Youngstown, OH
Debt Counseling and Solutions, Inc.
Metairie, LA
Ezekiel’s House of Central Florida, Inc.
Salem, IN
Howell’s International, Inc.
British West Indies
Moore’s Burial Association
Fayetteville, AR
Mustard Seed Frey Family Foundation
Oakland, CA
River City Regiment
Sacramento, CA
Silver Point Assurance, Ltd.
Knoxville, TN
Skyward Resources
Honolulu, HI
Ward’s Inc.
Fairfax, VA
Community Revitalization Group
Hermosa Beach, CA
Curtilage, Inc.
Salt Lake City, UT
Heritage Institute Inc.
St. George, UT
Residential Revitalization Group
Hermosa Beach, CA
United Management Systems Inc.
Columbus, MA
FBAR Filing Requirements —
Continuation Of Suspension
Of FBAR Filing Requirements
For Persons Who Are Not
United States Citizens, United
States Residents, Or Domestic
Entities
Announcement 2010–16
This announcement suspends, for per-
sons who are not United States citizens,
United States residents, or domestic enti-
ties (corporations, partnerships, trusts, or
estates), the requirement to file Form TD
F 90–22.1, Report of Foreign Bank and
Financial Accounts (FBAR), for the 2009
and earlier calendar years.
In October 2008, the Internal Revenue
Service published a revised FBAR form
together with accompanying instructions
that changed the definition of “United
States person.” The IRS received numer-
ous questions and comments from the
public concerning the changed definition.
In response, and to reduce the burden on
the public, the IRS issued Announcement
2009–51, 2009–25 I.R.B. 1105, which
directed people to refer to the definition
of “United States person” in the July 2000
version of the FBAR instructions to deter-
mine if they had a filing obligation. This
effectively suspended the filing of FBARs
due on June 30, 2009, by persons who
were not United States citizens, United
States residents, or domestic entities.
Announcement 2009–51 stated that addi-
tional FBAR guidance would be issued for
subsequent filing years and invited public
comments concerning the FBAR form and
instructions.
Since the issuance of Announcement
2009–51, and receipt ofa significant num-
ber of public comments, the Treasury De-
partment has published proposed FBAR
regulations under 31 CFR Part 103, as well
as proposed revisions that clarify instruc-
tions for the FBAR (Form TD F 90–22.1).
To provide taxpayers with guidance on
whoisrequiredtofileFBARsdueon
June 30, 2010, and in particular to provide
immediate guidance to taxpayers on how
to answer FBAR-related 2009 federal in-
come tax return questions (e.g., Schedule
B of Form 1040, the “Other Information”
section of Form 1041, Schedule B of Form
1065, and Schedule N of Form 1120), the
IRS and Treasury Department believe it
is appropriate to provide the following
administrative relief:
The requirement to file an FBAR due
on June 30, 2010, is suspended for persons
who are not United States citizens, United
States residents, or domestic entities. Ad-
ditionally, all persons may rely on the def-
inition of “United States person” found in
the July 2000 version of the FBAR instruc-
tions to determine if they have an FBAR
filing obligation for the 2009 and earlier
calendar years. The definition of “United
States person” from the July 2000 version
of the FBAR is:
United States PersonThe term
“United States person” means (1) a citi-
zen or resident of the United States, (2)
a domestic partnership, (3) a domestic
corporation, or (4) a domestic estate or
trust.
This substitution of the definition of
“United States person” applies only with
respect to FBARs for the 2009 calendar
year and, as originally provided in An-
nouncement 2009–51, to earlier calendar
years.
All other requirements of the 2008 ver-
sion of the FBAR form and instructions,
as modified by Notice 2010–23, remain in
effect until changed by subsequent guid-
ance issued by the Treasury Department,
including the IRS.
EFFECT ON OTHER DOCUMENTS
Announcement 2009–51 is supple-
mented and superseded.
The principal author of this announce-
ment is Emily M. Lesniak of the Office
of Associate Chief Counsel (Procedure
and Administration). For further informa-
tion regarding this announcement, contact
Emily M. Lesniak at (202) 622–4940 (not
a toll-free call).
March 15, 20104502010–11 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.
2010–11 I.R.B.iMarch 15, 2010

Numerical Finding List
1
Bulletins 2010–1 through 2010–11
Announcements:
2010-1, 2010-4 I.R.B.333
2010-2, 2010-2 I.R.B.271
2010-3, 2010-4 I.R.B.333
2010-4, 2010-5 I.R.B.384
2010-5, 2010-6 I.R.B.402
2010-6, 2010-6 I.R.B.402
2010-7, 2010-6 I.R.B.403
2010-8, 2010-7 I.R.B.408
2010-9, 2010-7 I.R.B.408
2010-10, 2010-7 I.R.B.410
2010-11, 2010-10 I.R.B.438
2010-12, 2010-7 I.R.B.410
2010-13, 2010-8 I.R.B.426
2010-14, 2010-11 I.R.B.449
2010-15, 2010-10 I.R.B.438
2010-16, 2010-11 I.R.B.450
Notices:
2010-1, 2010-2 I.R.B.251
2010-2, 2010-2 I.R.B.251
2010-3, 2010-2 I.R.B.253
2010-4, 2010-2 I.R.B.253
2010-5, 2010-2 I.R.B.256
2010-6, 2010-3 I.R.B.275
2010-7, 2010-3 I.R.B.296
2010-8, 2010-3 I.R.B.297
2010-9, 2010-3 I.R.B.298
2010-10, 2010-3 I.R.B.299
2010-11, 2010-4 I.R.B.326
2010-12, 2010-4 I.R.B.326
2010-13, 2010-4 I.R.B.327
2010-14, 2010-5 I.R.B.344
2010-15, 2010-6 I.R.B.390
2010-16, 2010-6 I.R.B.396
2010-19, 2010-7 I.R.B.404
2010-20, 2010-8 I.R.B.422
2010-22, 2010-10 I.R.B.435
2010-23, 2010-11 I.R.B.441
Proposed Regulations:
REG-132232-08, 2010-6 I.R.B.401
REG-137036-08, 2010-6 I.R.B.398
REG-101896-09, 2010-5 I.R.B.347
REG-117501-09, 2010-11 I.R.B.442
REG-131028-09, 2010-4 I.R.B.332
REG-148681-09, 2010-13 I.R.B.443
Revenue Procedures:
2010-1, 2010-1 I.R.B.1
2010-2, 2010-1 I.R.B.90
2010-3, 2010-1 I.R.B.110
Revenue Procedures— Continued:
2010-4, 2010-1 I.R.B.122
2010-5, 2010-1 I.R.B.165
2010-6, 2010-1 I.R.B.193
2010-7, 2010-1 I.R.B.231
2010-8, 2010-1 I.R.B.234
2010-9, 2010-2 I.R.B.258
2010-10, 2010-3 I.R.B.300
2010-11, 2010-2 I.R.B.269
2010-12, 2010-3 I.R.B.302
2010-13, 2010-4 I.R.B.329
2010-15, 2010-7 I.R.B.404
2010-17, 2010-8 I.R.B.425
2010-18, 2010-9 I.R.B.451
Revenue Rulings:
2010-1, 2010-2 I.R.B.248
2010-2, 2010-3 I.R.B.272
2010-3, 2010-3 I.R.B.272
2010-4, 2010-4 I.R.B.309
2010-5, 2010-4 I.R.B.312
2010-6, 2010-6 I.R.B.387
2010-7, 2010-8 I.R.B.417
2010-8, 2010-10 I.R.B.432
Treasury Decisions:
9474, 2010-4 I.R.B.322
9475, 2010-4 I.R.B.304
9476, 2010-5 I.R.B.336
9477, 2010-6 I.R.B.385
9478, 2010-4 I.R.B.315
9480, 2010-11 I.R.B.439
1
A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2009–27 through 2009–52 is in Internal Revenue Bulletin
2009–52, dated December 28, 2009.
March 15, 2010ii2010–11 I.R.B.

Finding List of Current Actions on
Previously Published Items
1
Bulletins 2010–1 through 2010–11
Announcements:
2009-51
Supplemented and superseded by
Ann. 2010-16, 2010-11 I.R.B.450
2010-4
Corrected by
Ann. 2010-10, 2010-7 I.R.B.410
Notices:
2005-88
Superseded by
Notice 2010-13, 2010-4 I.R.B.327
2008-41
Modified by
Notice 2010-7, 2010-3 I.R.B.296
2008-55
Modified by
Notice 2010-3, 2010-2 I.R.B.253
2008-88
Modified by
Notice 2010-7, 2010-3 I.R.B.296
2008-113
Modified by
Notice 2010-6, 2010-3 I.R.B.275
2008-115
Modified by
Notice 2010-6, 2010-3 I.R.B.275
2009-11
Amplified by
Notice 2010-9, 2010-3 I.R.B.298
2009-13
Obsoleted by
T.D. 9478, 2010-4 I.R.B.315
REG-131028-09, 2010-4 I.R.B.332
2009-38
Amplified and superseded by
Notice 2010-2, 2010-2 I.R.B.251
2009-62
Modified and supplemented by
Notice 2010-23, 2010-11 I.R.B.441
Proposed Regulations:
REG-127270-06
Hearing scheduled by
Ann. 2010-6, 2010-6 I.R.B.402
Revenue Procedures:
80-59
Modified and superseded by
Rev. Proc. 2010-11, 2010-2 I.R.B.269
87-35
Obsoleted by
Rev. Proc. 2010-3, 2010-1 I.R.B.110
2008-14
Updated by
Rev. Proc. 2010-15, 2010-7 I.R.B.404
2009-1
Superseded by
Rev. Proc. 2010-1, 2010-1 I.R.B.1
2009-2
Superseded by
Rev. Proc. 2010-2, 2010-1 I.R.B.90
2009-3
Superseded by
Rev. Proc. 2010-3, 2010-1 I.R.B.110
2009-4
Superseded by
Rev. Proc. 2010-4, 2010-1 I.R.B.122
2009-5
Superseded by
Rev. Proc. 2010-5, 2010-1 I.R.B.165
2009-6
Superseded by
Rev. Proc. 2010-6, 2010-1 I.R.B.193
2009-7
Superseded by
Rev. Proc. 2010-7, 2010-1 I.R.B.231
2009-8
Superseded by
Rev. Proc. 2010-8, 2010-1 I.R.B.234
2009-9
Superseded by
Rev. Proc. 2010-9, 2010-2 I.R.B.258
2009-15
Amplified and superseded by
Rev. Proc. 2010-12, 2010-3 I.R.B.302
2009-25
Superseded by
Rev. Proc. 2010-3, 2010-1 I.R.B.110
2009-55
Corrected by
Ann. 2010-11, 2010-10 I.R.B.438
2010-1
Corrected by
Ann. 2010-5, 2010-6 I.R.B.402
Revenue Rulings:
67-436
Obsoleted by
REG-101896-09, 2010-5 I.R.B.347
92-19
Supplemented in part by
Rev. Rul. 2010-7, 2010-8 I.R.B.417
2008-52
Supplemented and superseded by
Rev. Rul. 2010-2, 2010-3 I.R.B.272
Treasury Decisions:
9443
Corrected by
Ann. 2010-8, 2010-7 I.R.B.408
9458
Corrected by
Ann. 2010-7, 2010-6 I.R.B.403
1
A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2009–27 through 2009–52 is in Internal Revenue Bulletin 2009–52, dated December 28,
2009.
2010–11 I.R.B.iiiMarch 15, 2010

March 15, 20102010–11 I.R.B.

2010–11 I.R.B.March 15, 2010

March 15, 20102010–11 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. Current subscribers are notified by the Superin-
tendent of Documents when their subscriptions must be renewed.
CUMULATIVE BULLETINS
The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are
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If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we
would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page (www.irs.gov)
or write to the IRS Bulletin Unit, SE:W:CAR:MP:T:T:SP, Washington, DC 20224.
Internal Revenue Service
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ashington,DC20224
Official Business
Penalty for Private Use, $300