us-irs-notices-irb-1997-35-pdf•Internal Revenue Bulletin 1997-35 (PDF rendition): IRS Notices
Internal Revenue Bulletin 1997-35 (PDF rendition): IRS Notices
us-irs-notices-irb-1997-35-pdfInternal Revenue Bulletin 1997-35 (PDF rendition): IRS NoticesGuidance
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.
SPECIAL ANNOUNCEMENT Announcement 97–86, page 9. The Tenth Annual Institute on Current Issues in International Taxation, co-sponsored with The George Wa s h i n g t o n University, will be held December 11 and 12, 1997, at the J.W. Marriott Hotel in Washington, DC. INCOME TAX Rev. Rul. 97–35, page 4. Mutual life insurance companies; differential earnings rate. The differential earnings rate for 1996 and the recom- puted differential earnings rate for 1995 are set forth for use by mutual life insurance companies to compute their income tax liabilities for 1996. Announcement 97–88, page 9. Qualified personal service corporations that used the incor- rect tax rates on their income tax returns should promptly file amended returns. EMPLOYEE PLANS Notice 97–47, page 5. Guidelines are set forth for determining for August 1997 the weighted average interest rate and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 412(c)(7) of the Code as amended by the Omnibus Budget Reconciliation Act of 1987 and by the Uruguay Round Agreements Act (GATT). EXEMPT ORGANIZATIONS Announcement 97–85, page 8. A list is given of organizations now classified as private foun- dations. ADMINISTRATIVE Notice 97–48, page 5. This notice sets forth the 1997 changes to Publication 1187, Specifications for Filing Form 1042–S, Foreign Per- s o n ’s U.S. Source Income Subject to Withholding, Magneti- cally or Electronically (Rev. Proc. 96–11, 1996–1 C.B. 5 7 8 ) . Announcement 97–79, page 8. The number of medical savings accounts established as of April 30, 1997, used to determine whether 1997 is a “cut- off” year, is provided. Announcement 97–87, page 9. The Collection Financial Standards used by the Service as the basis for determining collection actions, including install- ment agreements and offers in compromise, are now on the Internet. Internal Revenue bulletin Bulletin No. 1997–35 September 2, 1997 Finding Lists begin on page 12. Index for July and August begins on page 14. 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. D e p a rtment of the Tr e a s u ry Internal Rev e nue Serv i c e Mission of the Service The purpose of the Internal Revenue Service is to collect the proper amount of tax revenue at the least cost; serv e the public by continually improving the quality of our prod- ucts and services; and perf o rm in a manner warr a n t i n g the highest degree of public confidence in our integrity, eff i- c i e n c y, and fairn e s s . 2 Statement of Principles of Internal Revenue Tax Administration The function of the Internal Revenue Service is to adm i n i s- ter the Internal Revenue Code. Tax policy for raising re v e n u e is determined by Congre s s . With this in mind, it is the duty of the Service to carry out that policy by correctly applying the laws enacted by Congress; to determine the reasonable meaning of various Code provi- sions in light of the Congressional purpose in enacting them; and to perform this work in a fair and impartial manner, with neither a government nor a taxpayer point of view. At the heart of administration is interpretation of the Code. It is the responsibility of each person in the Service, charged with the duty of interpreting the law, to try to find the true meaning of the statutory provision and not to adopt a strained construction in the belief that he or she is “protect- ing the revenue.” The revenue is properly protected only when we ascertain and apply the true meaning of the statute. The Service also has the responsibility of applying and administering the law in a reasonable, practical manner. Issues should only be raised by examining officers when they have merit, never arbitrarily or for trading purposes. At the same time, the examining officer should never hesi- tate to raise a meritorious issue. It is also important that c a re be exercised not to raise an issue or to ask a court to adopt a position inconsistent with an established Serv i c e p o s i t i o n . Administration should be both reasonable and vigorous. It should be conducted with as little delay as possible and with great courtesy and considerateness. It should never t ry to overreach, and should be reasonable within the bounds of law and sound administration. It should, howev- e r, be vigorous in requiring compliance with law and it should be relentless in its attack on unreal tax devices and f r a u d . The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing offi- cial rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained f rom the Superintendent of Documents on a subscription basis. Bulletin contents of a permanent nature are consoli- dated 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, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless other- wise indicated. Procedures relating solely to matters of in- ternal management are not published; however, statements of internal practices and pro c e d u res 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 off i c e s , 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 Tre a s u ry Department Regulations, but they may be used as precedents. Unpublished ru l i n g s will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying pub- lished rulings and procedures, the effect of subsequent leg- islation, regulations, court decisions, rulings, and pro c e- dures must be considered, and Service personnel and oth- ers concerned are cautioned against reaching the same con- clusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions, and Subpart B, Legislation and Related Committee Reports. P a rt III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross re f e rences to these subjects are contained in the other Parts and Sub- parts. Also included in this part are Bank Secrecy Act Admin- istrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secretary (Enforcement). Part IV.—Items of General Interest. With the exception of the Notice of Proposed Rulemaking and the disbarment and suspension list included in this part, none of these announcements are consolidated in the Cumu- lative Bulletins. The first Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a quarterly and semiannual basis, and are published in the first Bulletin of the succeeding quarterly and semiannual period, re s p e c t i v e l y. 3 Introduction The contents of this publication are not copyrighted and may be reprinted freely.A citation of the Internal Revenue Bulletin as the source would be appropriate. For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402. September 2, 199741997–35 I.R.B. Section 809. — Reduction in Certain Deductions of Mutual Life Insurance Companies 26 CFR 1.809–9: Computation of the differe n t i a l earnings rate and the recomputed differential earn- ings rate. Mutual life insura nce companies ; differential earnings rate. The differen- tial earnings rate for 1996 and the recom- puted differential earnings rate for 1995 are set forth for use by mutual life insur- ance companies to compute their income tax liabilities for 1996. Rev. Rul. 97–35 This revenue ruling contains the differ- ential earnings rate for 1996 and the re- computed differential earnings rate for 1995. Under § 809 of the Internal Rev- enue Code, mutual life insurance compa- nies use these rates in computing their Federal income tax liability for taxable years beginning in 1996. This revenue ruling also contains the figures on which th e deter mi nat ions o f t hese ra t es a re based. Notice 97–17, 1997–10 I.R.B. 34, contained tenta tive determinat ions of these rates. Section 809(a) provides that, in the case of any mutual life insurance com- pany, the amount of the deduction allow- able under § 808 for policyholder divi- dends is reduced (but not below zero) by the “differential earnings amount.” A n y excess of the differential earnings amount over the amount of the deduction allow- able under § 808 is taken into account as a reduction in the closing balance of re- serves under subsections (a) and (b) of § 807. The “differential earnings amount” for any taxable year is the amount equal to the product of (a) the life insurance c o m p a n y ’s average equity base for the taxable year multiplied by (b) the “differ- ential earnings rate” for that taxable year. The “differential earnings rate” for the taxable year is the excess of (a) the “im- puted earnings rate” for the taxable year over (b) the “average mutual earnings rate” for the second calendar year preced- ing the calendar year in which the taxable year begins. The “imputed earnings rate” for any taxable year is the amount that bears the same ratio to 16.5 percent as the “current stock earnings rate” for the tax- able year bears to the “base period stock earnings rate.” Section 809(f) provides that, in the case of any mutual life insurance company, if the “recomputed differe ntial earnings amount” for any taxable year exceeds the differential earnings amount for that tax- able year, the excess is included in life in- surance gross income for the succeeding taxable year. If the differential earnings amount for any taxable year exceeds the recomputed differential earnings amount for that taxable year, the excess is allowed as a life insurance deduction for the suc- ceeding taxable year. The “recomputed differential earnings amount” for any tax- able year is an amount calculated in the same manner as the differential earnings amount for that taxable year, except that the average mutual earnings rate for the calendar year in which the taxable year begins is substituted for the average mu- tual earnings rate for the second calendar year preceding the calendar year in which the taxable year begins. The stock earnings rates and mutual earnings rates taken into account under § 809 generally are determined by dividing statement gain from operations by the av- erage equity base. For this purpose, the term “statement gain from operations” means “the net gain or loss from opera- tions required to be set forth in the annual statement, determined without regard to Federal income taxes, and ... properly ad- j ust e d for r ea li ze d c ap it al ga in s an d losses....” See§ 809(g)(1). The term “eq- uity base” is defined as an amount deter- mined in the manner prescribed by regu- l a ti o n s e q u a l t o s u rp l u s a n d c a p i t a l increased by the amount of nonadmitted financial assets, the excess of statutory re- serves over the amount of tax reserves, the sum of certain other reserves, and 50 percent of any policyholder dividends (or other similar liability) payable in the fol- lowing taxable year.See § 809(b)(2), (3), (4), (5) and (6). Section 1.809–10 of the Income Tax Regulations provides that the equity base includes both the asset valua- tion reserve and the interest maintenance reserve for taxable years ending after De- cember 31, 1991. Section 1.809–9(a) of the regulations provides that neither the differential earn- ings rate under § 809(c) nor the recom- puted differential earnings rate that is used in computing the recomputed differ- ential earnings amount under § 809(f)(3) may be less than zero. For purposes of § 809, the differential earnings rate for 1996 and the rate used to c alculate t he rec ompute d diff e r e n t i a l earnings amount for 1995 (the recom- puted differential earnings rate for 1995), and the figures on which these two rates are based are set forth in Table 1. Rev. Rul. 97–35 Table 1 Determination of Rates To Be Used for Taxable Years Beginning in 1996 Differential earnings rate for 1996 . . . . . . . . . . . . . . . . . . . 6.447 Recomputed differential earnings rate for 1995 . . . . . . . . . . . . 0 Imputed earnings rate for 1995 . . . . . . . . . . . . . . . . . . 12.625 Imputed earnings rate for 1996 . . . . . . . . . . . . . . . . . . 15.669 Base period stock earnings rate . . . . . . . . . . . . . . . . . . . . . . 18.221 Current stock earnings rate for 1996 . . . . . . . . . . . . . . . . . . . . . 17.303 Stock earnings rate for 1993 . . . . 23.385 Stock earnings rate for 1994 . . . . 11.437 Stock earnings rate for 1995 . . . . 17.087 Average mutual earnings rate for 1994 . . . . . . . . . . . . . . . . . . . 9.222 Average mutual earnings rate for 1995 . . . . . . . . . . . . . . . . . . 16.477 DRAFTING INFORMATION The principal author of this revenue ruling is Katherine A. Hossofsky of the Assistant Chief Counsel (Financial Insti- tutions and Products). For further infor- mation regarding this revenue ruling con- tact Ms. Hossofsky on (202) 622-3477 (not a toll-free number). P a rt I. Rulings and Decisions Under the Internal Revenue Code of 1986 Weighted Average Interest Rate Update Notice 97–47 Notice 88–73 provides guidelines for determining the weighted average interest rate and the resulting permissible range of interest rates used to calculate current liability for the purpose of the full funding limitation of § 412(c)(7) of the Internal Revenue Code as amended by the Omnibus Budget Reconciliation Act of 1987 and as further amended by the Uruguay Round Agreements Act, Pub. L. 103–465 (GAT T ) . The average yield on the 30-year Treasury Constant Maturities for July 1997 is 6.51 percent. The following rates were determined for the plan years beginning in the month shown below. DRAFTING INFORMAT I O N The principal author of this notice is Donna Prestia of the Employee Plans Division. For further information regarding this notice, call (202) 622-6076 between 2:30 and 4:00 p.m. Eastern time (not a toll-free number). Ms. Prestia’s number is (202) 622-7377 (also not a toll-free number). Notice 97–48 Revenue Procedure 96–11, Publication 1187, Specifications for Filing Form 1042–S, Foreign Person’s U.S. Source Income Sub- ject to Withholding, Magnetically or Electronically, will not be reissued for Tax Year (TY) 97 filing, which is processed in 1998. Following are the changes that have occurred since the 1/96 revision: 1. The ZIPCode has changed from 25401–1359 to 25402–1359 for the IRS P.O. Box address for the Martinsburg Computing Cen- ter. ) If by Postal Service: IRS-Martinsburg Computing Center Information Reporting Program P. O. Box 1359, MS–360 Martinsburg, WV25402-1359 or If by private delivery service: IRS-Martinsburg Computing Center Information Reporting Program Route 9 and Needy Road, MS–360 Martinsburg, WV 25401 2. To provide clarification of the correction process for Forms 1042–S, the following definitions have been provided: a. A void record is an information return (Form 1042–S) submitted by the transmitter to replace a previously filed incorrect origi- nal return. A void record must be a duplicate of the original successfully processed return with the exception of a “V” in field position 371 of the “Q” record. This record can be filed with or without a corresponding “C” record. For example, a Form 1042–S was submitted, and it should have been prepared as a Form 1099. A “Q” record with the original Form 1042–S infor- mation would be filed with a “V” in position 371. In this instance, a corresponding “C” coded “Q” record would N O Tbe nec- e s s a r y. b. Ac o r rection is an information return (Form 1042–S) submitted by the transmitter to correct a return that was successfully processed by IRS/MCC, but contained erroneous information. A “C” in field position 371 of the “Q” record identifies a correc- tion record. This record must always have a corresponding “V” coded re c o r d . Following is a chart showing the steps to be taken for correcting Forms 1042–S: 1997–35 I.R.B.5September 2, 1997 P a rt III. Administrative, Procedural, and Miscellaneous 90% to 107%90% to 110% WeightedPermissiblePermissible MonthYearAverageRangeRange August19976.856.16 to 7.336.16 to 7.53 Guidelines for Filing Corrected Returns Magnetically/Electronically Transaction 1: Identify incorrect returns (void process) The record sequence for filing corrections is the same as for original returns. Create the file in the following order exactly the same as the original transmission: a. Transmitter “T” Record b. Recipient “Q” Record with the exact information as submitted originally, however, c. Place a “V” (See Note) in field position 371 of the “Q” Record d. Prepare a Withholding Agent “W” Record summarizing the preceding “V” Coded “Q” Records. (See sample format below.) +Note: A “V” coded “Q” Record may or may not have a corresponding “C” Coded “Q” Record. Transaction 2: Report the correct information (correction process) On the same media or electronic submission, prepare: a. Recipient “Q” Record with the correct information b. Place a “C” (See Note) in Field Position 371 of the “Q” Record c. Prepare a Withholding Agent “W” Record summarizing the preceding “C” coded “Q” records d. Prepare an End of Transmission “Y” record e. “V” and “C” Coded Corrected returns submitted to IRS/MCC must be in the same submission. +Note : Each “C” Coded “Q” Record MUST have a corresponding “V” Coded Record Sample data sequences for void/ correction records: T Q with V Q with V Q with V Q with V Q with V Q with V W Q with C Q with C Q with C Q with C W Y 3. “T” Record—Change Tax Year (positions 2–3) to 97 for income and withholding reported for 1997 (unless reporting for a differ- ent tax year). All other “T” record data fields in the 1/96 revision remain the same. 4. “Q” Record Changes—The following fields (items A–E) indicate changes made to the information contained in the 1/96 revision. All other “Q” record data fields remain the same. P o s i t i o n sField Title L e n g t hDescription and Remarks (A) Field Position 112 has changed to include the definition for the Individual Taxpayer Identification Number. 112 Type of TIN1This field is used to identify the Taxpayer Identification Number (TIN) in positions 112–121 as either an Em- ployer Identification Number (EIN), or a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). Enter the appropriate code from the fol- lowing table: Type of TIN Type of Account 1EIN Abusiness, organization, sole proprietor, or other entity September 2, 199761997–35 I.R.B. 2SSN An individual, including a sole proprietor OR ITINAn individual required to have a taxpayer identification number, but who is not eli- gible to obtain an SSN Blank If the type of TIN is not determinable, enter a blank. (B) The Form 1042–S Paper instructions are updated each year. Changes are made to the list of Country Codes at that time. 137–138Country Code2The list of country codes included in the 1997 Paper In- structions for Forms 1042–S should be used to ensure the proper coding of the country code field. (C) In addition to the Income Code information provided in the Publication 1187, the following information is included as a result of the tax law change in the reporting of Canadian Interest. 3 5 5 – 3 5 6Income Code2U s e I n c o me Co d e 1 fo r th e r ep o r t i ng o f int e re s t payments to Canadian residents who are not U.S. citi- z e n s (D) In addition to the Exemption Code information provided in the Publication 1187, the following information is included as a result of the tax law change in the reporting of Canadian Interest. 3 7 0Exemption Code 1Use Exemption Code 2 for th e reporting of interest payments to Canadian residents who are not U.S. citi- z e n s . (E) The title of this field position changed. 3 7 1Original, Void, 1R e q u i red. Enter the one position code below to identify or Correctedan Original, Incorrect or Corrected Return. (See Part A. Return Indicator Sec. 13.) CodeDescription ZeroIf this is an Original Return. VEnter a “V” to void the incorrect original return submitted. (See Transaction 1) CEnter a “C” if this is to identify the Cor- rect Return. (See Transaction 2) 5. “W” Record—Change Tax Year (positions 2–3) to 97 for income and withholding reported for 1997 (unless reporting for a different tax year). 6. In all records, alpha characters entered must be upper case. 7. Notice to filers: Format changes to accommodate Year 2000 will occur for TY98 in calendar year 1999. Treasury has mandated that all electronic year dates exchanged with non-IRS organizations, both government and private, both input and output, shall adhere to the following: — All Gregorian date formats will be in the format ‘YYYYMMDD’. — All other year date formats (e.g., Julian, Tax Period, Cycle Dates) will expand representations from two-digit year to four-digit year: ‘YYYY’. 1997–35 I.R.B.7September 2, 1997 Medical Savings Accounts Announcement 97–79 Purpose Sections 220(i) and (j) of the Internal Revenue Code provide that if the number of medical savings accounts (MSAs) es- tablished as of April 30, 1997, exceeds 375,000, then September 1, 1997, is a “ c u t - o ff” date for the MSA pilot project. The Internal Revenue Service has deter- m ine d th at t he app li c ab le nu mb er o f MSAs established as of April 30, 1997, is 7,383. Consequently, September 1, 1997 is not a “cut-off” date for the MSAp i l o t p r o j ec t . A s e co n d de t er mi n a t ion o f whether 1997 will be a cut-off year, based on whether the number of MSAs estab- li s h e d as o f J un e 3 0 , 1 9 97 ex c ee ds 525,000, will be made by October 1, 1997. See section 220(j)(1)(B) of the Code. Background The Health Insurance Portability and Accountability Act of 1996 added section 220 to the Code to permit eligible individ- uals to establish MSAs under a pilot pro- ject effective January 1, 1997. The pilot project has a scheduled “cut-off” year of 2000, but may have an earlier “cut-off ” year if the number of individuals who have established MSAs exceeds certain numerical limitations. See sections 220(i) and (j). If a year is a “cut-off” year, section 220(i)(1) generally provides that no indi- vidual will be eligible for a deduction or exclusion for MSAcontributions for any taxable year beginning after the cut-off year unless the individual (A) was an ac- tive MSAparticipant for any taxable year ending on or before the close of the cut- o ff year, or (B) first became an active MSAparticipant for a taxable year ending after the cut-off year by reason of cover- age under a high deductible health plan of an MSA-participating employer. Section 220(j)(1) provides that the nu- merical limitation for 1997 is exceeded if the number of MSAs established as of April 30, 1997, is more than 375,000, or if the number of MSAs established as of June 30, 1997, is more tha n 525,000. Under section 220(j)(3), in determining whether any calendar year is a cut-off y e a r, the MSA of any previously unin- sured individual is not taken into account. In addition, section 220(j)(4)(D) specifies that, to the extent practical, all MSAs es- tablished by an individual are aggregated and two married individuals opening sep- arate MSAs are to be treated as having a single MSA for purposes of determining the number of MSAs. Bas ed on F orm s 88 51 pr ovid ed by MSAtrustees and custodians, it has been determined that 9,720 taxpayers have es- tablished MSAs as of April 30, 1997. Of this total, 1,787 taxpayers were reported as previously uninsured, and are therefore not taken into acc ount in determining whether 1997 is a cut-off year. In addi- tion, 550 taxpayers were reported as ex- cludable from the count bec ause their spouse also established an MSA. Accord- i n g l y, because the applicable number of MSAs established as of April 30, 1997, 7,383 (9,720 minus (1,787 plus 550)) is less than 375,000, 1997 is not a cut-off year for the MSApilot project. The Ser- vice intends to publish another announce- ment, not later than October 1, 1997, con- cerning whether 1997 is a cut-off year based on the number of MSAs established as of June 30, 1997. Questions regarding this announcement may be directed to Felix Zech in the Of- fice of Ass ociate Chie f Counsel (Em- ployee Benefits and Exempt Org a n i z a- tions) at (202) 622-4606 (not a toll free number). Foundations Status of Certain Organizations Announcement 97–85 T h e f o l lo w i n g or g an i z at i o n s h a v e failed to establish or have been unable to maintain their status as public charities or as operating foundations. A c c o r d i n g l y, grantors and contributors may not, after this date, rely on previous rulings or des- ignations in the Cumulative List of Orga- nizations (Publication 78), or on the pre- sumption arising from the filing of notices under section 508(b) of the Code. T h i s listing does notindicate that the organiza- tions have lost their status as org a n i z a- tions described in section 501(c)(3), eligi- ble to receive deductible contributions. Former Public Charities.The follow- i n g o rg a n i za t i o n s (w h i c h h av e b ee n treated as organizations that are not pri- vate foundations de scr ibed in se ction 509(a) of the Code) are now classified as private foundations: Advanced Communications Te c h n o l o g y Training Youth Inc., Chelsea, MA All Pakistan Womens Association, Inc., New York, NY Back Bay Lacrosse, Inc., Portland, ME Boy Scouts of America Troop 73 BSA, Hillsboro, NH Broadway Fillmore Area Council, Inc., B u ffalo, NY Brockton City Arts, Inc., Brockton, MA Budget Counseling and Education Centers of North Carolina, Inc., Richmond, VA Butler County Crime Stoppers Inc., David City, NE California Book Exchange and Recyclery, Rancho Santa Fe, CA California Podiatric Medical Foundation, Sacramento, CA Charles and Margaret Mraz Foundation, Clinton, WA Chelmsford Odyssey of the Mind, Inc., Chelmsford, MA Community Conciliation Center, Inc., Flushing, NY Crossroads Ministries and Publications, Rancho Cordova, CA Downriver Theatre Company, Machias, ME Drum Corps East, Inc., South Weymouth, MA Eagles of Dixon School, Chicago, IL East End Rural Preservation Corporation, Shelter Island, NY Eastern Mass Jr Drum & Bugle Corps, Quincy, MA Eco Village at Ithaca Inc., Ithaca, NY Ecoworld-Ekomir, Olympia, WA Eleanor Roosevelt Institute for Justice & Peace, Washington, DC Errol W. Ross and Eaden Ross Silverton Union High School No. 7J Graduate Assistance Fund, Inc., Salem, OR Fisheries Defense Fund, Inc., New York, NY Formosa Center, Inc., Flushing, NY George Snively Research Foundation, Wakefield, RI Geogroup, Inc., Menlo Park, CA Green Hornets of Valley Stream, Inc., Valley Stream, NY Gods Glory Missions Ministries Church September 2, 199781997–35 I.R.B. P a rt IV. Items of General Intere s t of God in Christ, Lakewood, CA Gay Men and Lesbians Opposing Violence, Washington, DC Harvard World Model United Nations, Cambridge, MA Hinsdale Commercial & Industrial Development Corporation, Hinsdale, NH Kafanm, Inc., Dorchester, MA K & M New Life Home Inc., Stockton, CA Keren Hatzole Institute, Ltd., Brooklyn, NY Le Studio Theatre C A, Inc., New York, NY Life House, Inc., Worcester, MA Mass Metrowest Chapter Black Data Processing Associates, Northboro, MA Medical Outcomes Trust, Inc., Boston, MA Micah Housing, Inc., Fairfield, CT Middlesex Industrial Development Council, Ltd., Middletown, CT Morningside Community Association, Inc., New York, NY National Federation of the Blind of Maine, Portland, ME New York Association of Suicidology, Bronx, NY Palabras De Vida, Inc., North Haven, CT Peaceable Kindom, Inc., Long Beach, NY Pomfret House, Inc., Woodstock, NY Portland Environmental Watch, Portland, ME Prevention Point Buffalo, Inc., Buffalo, NY P TA New Hampshire, Londonderry, NH Renacer Rebirth, Inc., New York, NY Rockingham Optimist Foundation, Inc., Rockingham, NC Sadat Peace Institute, Cambridge, MA Self Development Group, Inc., Roslindale, MA Serving Our Youth Through A d u l t s - S O YA, New York, NY Shalheves Incorporated, Spring Va l l e y, NY Simsbury Sterring Committee for A l c o h o l & Drug-Free Use, Simsbury, CT Stillhouse Trestle Corporation, Danville, VA 10 Penny Productions, Inc., New York, NY Theatre Investment Fund Limited, New York, NY Unity Productions, Inc., New York, NY Western New York Lacrosse Association, Inc., Blasedell, NY Westlands Schools Association, Inc., Chelmsford, MA Weston Friendly Society of the Performing Arts, Inc., Weston, MA Youthbrook Project Inc., Cambridge, MA Yvonne Carroll Parente Presents the Company, Inc., Glen Head, NY If an organization listed above submits in- formation that warrants the renewal of its classification as a public charity or as a pri- vate operating foundation, the Internal Rev- enue Service will issue a ruling or determi- nation letter with the revised classification as to foundation status. Grantors and contribu- tors may thereafter rely upon such ruling or determination letter as provided in section 1.509(a)–7 of the Income Tax Regulations. It is not the practice of the Service to announce such revised classification of foundation sta- tus in the Internal Revenue Bulletin. Announcement 97–86 Assistant Commissioner (International) John T. Lyons has announced The Te n t h Annual Institute on Current Issues in In- ternational Taxation, co-sponsored with The George Washington University, to be held December 11 and 12, 1997, at the J.W. Marriott Hotel in Washington, DC. Designed for professionals in interna- tional tax law, The Institute will include, on the first day, a panel on mutual agreement procedures with the U.S., Canadian and Mexican Competent Authorities and a rep- resentative from the Organization for Eco- nomic C oopera tion and Developme nt (OECD). Additional sessions include inter- preting tax treaties, revisiting check-the-box regulations and joint venture issues, and hedging for multinationals. Acting Com- missioner Michael P. Dolan will be a fea- tured speaker. The second day will include sessions on controversial cross-border trans- actions, “Ask the IRS” panel, U.S. multina- tional update, and inbound developments. Those interested in attending may ob- tain more information from The Georg e Washington University, Conference Man- agement Services, by calling (202) 973- 111 0 o r v i s it i n g t h e I n t e r n e t s i t e a t http://www.gwu.edu/~cms/tax/. The Collection Financial Standards on the Internet Announcement 97–87 The standards used by the Internal Rev- enue Service as the basis for determining collection actions, including installment agreements and offers in compromise, are now on the Internet. The Collection Fi- nancial Standards are on the IRS’ Wo r l d Wide Web site “The Digital Daily,”, under “ Tax Info for Yo u . ” The Collection Financial Standards are used when a taxpayer claims an inability to pay a delinquent tax liability. Al lowa nces fo r f oo d, cl oth ing and other items, known as the National Stan- dards, apply nationwide except for Alaska and Hawaii, which have their own tables. Taxpayers are allowed the total National Standards amount for their family size and income level, without questioning amounts actually spent. Maximum allowances for housing and utilities and transportation, known as the Local Standards, vary by location. Unlike the National Standards, the taxpayer is al- lowed the amount actually spent or the standard, whichever is less. Qualified Personal Service Corporations That Used Incorrect Tax Rates Should Promptly File Amended Returns Announcement 97–88 The Internal Revenue Service has found that many qualified personal service cor- porations had filed using the incorrect tax rate. Instead of computing tax using the flat Qualified Personal Service Corpora- tion rate, the graduated corporate rate was used which understated the corporations’ tax liabilities. Some practitioners have at- tributed the problem to difficulties with using certain computer tax software pro- grams, while others acknowledged the mistakes as unintentional oversights. A qualified personal service corpora- tion is taxed at a flat rate of 35% on its taxable income. Acorporation is a quali- fied personal service corporation if it meets both of the following tests: • Substantially all of the corporation’s activities involve the performance of services in the fields of health, law, engineering, architecture, account- ing, actuarial science, performing arts, or consulting, and • At least 95% of the corporation’s stock, by value, is owned, directly or i n d i r e c t l y, by (1) employees perform- ing the services, (2) retired employees who had performed the services listed 1997–35 I.R.B.9September 2, 1997 above, (3) any estate of the employee or retiree described above, or (4) any person who acquired the stock of the corporation as a result of the death of an employee or retiree (but only for the 2-year period beginning on the date of the employee’s or retiree’s death). See Temporary Regulations section 1.448-1T(e) for details. The Service has been looking closely into this matter, and will continue to pursue compliance activities to identify taxpayers with the issue and bring them into compli- ance. In our ongoing efforts to foster tax- payer education and voluntary compliance, we would like to alert taxpayers and practi- tioners about the problem, and ask any qualified personal service corporations that did not file using the qualified personal service corporation rate to promptly file amended returns with their respective IRS service center to correct the error. Prompt filing will minimize interest assessments. September 2, 1997101997–35 I.R.B. 1997–35 I.R.B.11September 2, 1997 Revenue rulings and revenue pro c e d u re s ( h e reinafter re f e rred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the e f f e c t : Amplified describes a situation where no change is being made in a prior pub- lished position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. T h u s , if an earlier ruling held that a principle applied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with m o d i f i e d, below). Clarified is use d in thos e instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confu- sion. It is not used where a position in a prior ruling is being changed. D i s t i n g u i s h e dde scr ibes a situation where a ruling mentions a previously published ruling and points out an essen- tial difference between them. Modified is used where the substance of a previo usly publis hed po sition is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it ap- plies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified a n d c l a r i f i e d, above). Obsoleted describes 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 obs oleted bec ause of changes in law or regulations. Ar u l i n g may also be obsoleted because the sub- stance has been included in regulations subsequently adopted. Revoked describes situations where the position in the previously published rul- ing is not correct and the correct position is being stated in the new ruling. Superseded describes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a pe- riod of time in separate rulings. If the new ruling does more than restate the substance of a prior ruling, a combination of terms is used. For example, m o d i f i e d a nd su per se d ed desc ribe s a s i tuati on where the substance of a previously pub- lished ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case the previously published ruling is first modified and then, as modified, is super- s e d e d . Supplemented is used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original ruling has been supplemented several times, a new ruling may be pub- lished that includes the list in the original ruling and the additions, and supersedes all prior rulings in the series. Suspended is used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or a me nded r egulations, the outc ome of cases in litigation, or the outcome of a Service study. Abbreviations The following abbreviations in current use and for- merly used will appear in material published in the Bulletin. A—Individual. Acq.—Acquiescence. B—Individual. BE—Beneficiary. BK—Bank. B.T.A.—Board of Tax Appeals. C.—Individual. C.B.—Cumulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Cooperative. Ct.D.—Court Decision. CY—County. D—Decedent. DC—Dummy Corporation. DE—Donee. Del. Order—Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Employer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduciary. FC—Foreign Country. FICA—Federal Insurance Contribution Act. FISC—Foreign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Federal Unemployment Tax Act. FX—Foreign Corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grantee. GP—General Partner. GR—Grantor. IC—Insurance Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—Parent Corporation. PHC—Personal Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Partnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Real Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsidiary. S.P.R.—Statements of Procedral Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Transferee. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpayer. TR—Trust. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. Definition of Terms September 2, 1997121997–35 I.R.B. Numerical Finding List 1 Bulletins 1997–27 through 1997–34 Announcements: 97–61, 1997–29 I.R.B. 13 97–67, 1997–27 I.R.B. 37 97–68, 1997–28 I.R.B. 13 97–69, 1997–28 I.R.B. 13 97–70, 1997–29 I.R.B. 14 97–71, 1997–29 I.R.B. 15 97–72, 1997–29 I.R.B. 15 97–73, 1997–30 I.R.B. 86 97–74, 1997–31 I.R.B.16 97–75, 1997–32 I.R.B. 28 97–76, 1997–32 I.R.B. 28 97–77, 1997–33 I.R.B. 58 97–78, 1997–34 I.R.B. 11 97–80, 1997–34 I.R.B. 12 97–81, 1997–34 I.R.B. 12 97–82, 1997–34 I.R.B. 12 97–83, 1997–34 I.R.B. 13 97–84, 1997–34 I.R.B. 13 Court Decisions: 2061, 1997–31 I.R.B. 5 2062, 1997–32 I.R.B. 8 Delegation Orders: 172 (Rev. 5), 1997–28 I.R.B. 6 Notices: 97–37, 1997–27 I.R.B. 4 97–38, 1997–27 I.R.B. 8 97–39, 1997–27 I.R.B. 8 97–40, 1997–28 I.R.B. 6 97–41, 1997–28 I.R.B. 6 97–42, 1997–29 I.R.B. 12 97–43, 1997–30 I.R.B. 9 97–44, 1997–31 I.R.B. 15 97–45, 1997–33 I.R.B. 7 97–46, 1997–34 I.R.B. 10 Railroad Retirement Quarterly Rate: 1997–28 I.R.B. 5 Proposed Regulations: REG–104893–97, 1997–29 I.R.B. 13 REG–107644–97, 1997–32 I.R.B. 24 Revenue Procedures: 97–32, 1997–27 I.R.B. 9 97–32A, 1997–34 I.R.B. 10 97–33, 1997–30 I.R.B. 10 97–34, 1997–30 I.R.B.14 97–35, 1997–33 I.R.B. 11 97–36, 1997–33 I.R.B. 14 97–37, 1997–33 I.R.B. 18 97–38, 1997–33 I.R.B. 43 97–39, 1997–33 I.R.B. 48 97–40, 1997–33 I.R.B. 50 97–41, 1997–33 I.R.B. 5 97–42, 1997–33 I.R.B. 57 Revenue Rulings: 97–27, 1997–27 I.R.B. 4 97–28, 1997–28 I.R.B. 4 97–29, 1997–28 I.R.B. 4 97–30, 1997–31 I.R.B.12 97–31, 1997–32 I.R.B.4 97–32, 1997–33 I.R.B. 4 97–33, 1997–34 I.R.B. 4 97–34, 1997–34 I.R.B. 14 Treasury Decisions: 8722, 1997–29 I.R.B. 4 8723, 1997–30 I.R.B. 4 8726, 1997–34 I.R.B. 7 8727, 1997–34 I.R.B. 5 1 Acumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 1997–1 through 1997–26 will be found in Internal Revenue Bulletin 1997–27, dated July 7, 1997. 1997–35 I.R.B.13September 2, 1997 Finding List of Current Action on Previously Published Items 1 Bulletins 1997–27 through 1997–34 *Denotes entry since last publication Revenue Procedures: 96–36 Superseded by 97–34, 1997–30 I.R.B. 14 96–42 Superseded by 97–27, 1997–27 I.R.B. 9 97–32 Modified and amplified by 97–32A, 1997–34 I.R.B. 10 Revenue Rulings: 89–42 Supplemented by 97–31, 1997–32 I.R.B. 4 1 Acumulative finding list for previously published items mentioned in Internal Revenue Bulletins 1997–1 through 1997–26 will be found in Internal Revenue Bulletin 1997–27, dated July 7, 1997. September 2, 1997141997–35 I.R.B. Index Internal Revenue Bulletins 1997–27 Through 1997–34 For the index of items published during the first six months of 1997, see I.R.B. 1997–27, dated July 7, 1997. The abbreviation and number in pare n- thesis following the index entry refer to the specific item; numbers in roman and italic type following the parenthesis refer to the Internal Revenue Bulletin in which the item may be found and the page number on which it appears. Key to Abbreviations: RRRevenue Ruling RPRevenue Procedure TDTreasury Decision CDCourt Decision PLPublic Law EOExecutive Order DODelegation Order TDOTreasury Department Order TCTax Convention SPRStatement of Procedural Rules P T EP rohibited Tr a n s a c t i o n E x e m p t i o n EMPLOYMENT TAX Penalty: Guidance regarding waiver of failure to deposit penalty for certain taxpayers required to begin using electronic funds transfe r on or after July 1, 1997 (Notice 43) 30, 86 Railroad retirement: Rate determination; quarterly (July 1, 1997) 28, 5 Regulations: 26 CFR 31.0–1(a), 31.0–3(f), amended; 31.6302–1(h), added; 31.6302–1(i), redesignated; 31.6302–1T, removed; 31.6302(c)–3, amended; 31.6302–3T, removed; federal tax deposits by elec- tronic funds transfer (TD 8723) 30, 4 ESTATE TAX Marital or charitable bequests (CtD 2062) 32, 8 EXCISE TAX Group health plans; access, portability, and renewability requirements; correc- tion (Notice 41) 28, 6 Regulations: 2 6 C F R 4 0 . 6 3 0 2 ( c ) – 1 , am e n d e d ; 40.6302(c)–1T, removed; federal tax deposits by electronic funds transfer (TD 8723) 30, 4 INCOMETAX Allocation of interest expense among tax- payer’s expenditures (Notice 46) 34, 10 Depreciation: Retail motor fuels outlet (RR29) 28, 4 Elections into mark-to-market account- ing (Notice 37) 27, 8 Electronic or magnetic media filing: Specifications for 1997 Forms 1098, 1099, 5498, and W–2G (RP 34) 30, 1 4 Employee plans: F u n d i n g : Full funding limitations, weighted av- erage interest rate, July 1997 (No- tice 44) 31, 1 5 Highly compensated employee, defini- tion (Notice 45) 33, 7 O rganizations, functions, and authority delegations; director, Employee Plans Division (DO 172(Rev. 5)) 28, 6 Remedial amendment period extension ( R P41) 33, 5 1 Enhanced oil recovery credit for 1997 (Notice 39) 27, 8 Extension of time to file, Form 926 (No- tice 42) 29, 12 Forms 1096, 1098, 10 99 series, 5498, W – 2 G : Reproduction of forms; RP 97–32, mod- ified and amplified (RP 97–32A) 34, 1 0 ;Re quirements for reproducing paper substitutes (RP27) 27, 9 Fringe benefits aircraft valuation formula (RR 33) 34, 4 Interest: I n v e s t m e n t : Federal short-term, mid-term, and long-term rates for July 1997 (RR 27) 27, 4; August 1997 (RR 30) 31, 1 2 International operation of ships and air- craft; income exempt from tax (RR 31) 32, 4 Inventories: LIFO: Price indexe s, depa rtment s tore s, May 1997 (RR 28) 28, 4; June 1997 (RR 32) 33, 4 Late S corporation elections (RP40) 33, 50 Low-income housing: Bond factor amounts, July–September 1997 (RR 34) 34, 4 Tax credit (RP 42) 33, 57 M a rginal production rates for 1997 (No- tice 38) 27, 8 Methods of accounting: Automatic consent to change (RP3 7 ) 33, 18 Last-in, first-out inventory method (RP 36) 33, 14 Original issue discount (RP 39) 33, 48 Package design costs (RP 35) 33, 11 Warranty contracts (RP 38) 33, 43 Proposed regulations: 26 CFR 1.411(d)–4, amended; permitted elimination of preretirement optional for ms ben efit ( RE G–107644–97) 3 2, 24 26 CFR 1.894–1(d), added; guidance regarding claims for certain income tax convention (REG–104893–97) 29, 13 Punitive damages for personal injuries (CtD 2061) 31, 5 Regulations: 2 6 C F R 1 . 4 0 1 ( b ) – 1 , am e n d e d ; 1 . 4 0 1 ( b ) – 1 T, a d d e d ; re me d i a l amendment period (TD 8727) 34, 5 26 CFR 1.501(c)(5)–1, amended; tax- exempt organizations, requirements (TD 8726) 34, 7 2 6 C F R 1 . 8 9 4 – 1 T ( a ) t h r o u g h ( c ) , added; guidance regarding claims for certain income tax convention (TD 8722) 29, 4 2 6 CF R 1 . 6 3 0 2 – 1 , – 2 , am e n d e d ; 1.6302–1T, –2T, –3T, –4T, removed; 1 .6 30 2– 3(c ), r evi s e d; 1. 63 02 –4 , added; federal tax deposits by elec- tronic funds transfer (TD 8723) 30, 4 Tax forms and instructions: Electronic Federal Tax Payment Sys- tem (EFTPS); electronic remittance system for federal tax deposits and payments (RP 33) 30, 10 Treatment of Hong Kong and China (No- tice 40) 28, 6 INTERNAL REVENUE BULLETIN The Introduction on page 3 describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superintendent of Documents when their subscriptions must be renewed. CUMULATIVE BULLETINS The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold on a single copy basis and are not included as part of the subscription to the Internal Revenue Bulletin. Subscribers to the week- ly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them from the Superintendent of Documents. HOW TO ORDER Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance, detach entire page, and mail to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Please allow two to six weeks, plus mailing time, for delivery. WE WELCOME COMMENTS ABOUT THE INTERNAL REVENUE BULLETIN If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can e-mail us your suggestions or comments through the IRS Internet Home Page (www.irs.ustreas.gov) or write to the IRS Bulletin Unit, T:FP:F:CD, Room 5560, 1111 Constitution Avenue NW, Washington, DC 20224. You can also leave a recorded message 24 hours a day, 7 days a week at 1–800–829–9043. Internal Revenue Service Washington, DC 20224 Official Business Penalty for Private Use, $300 First Class Mail Postage and Fees Paid IRS Permit No. G–48 INTERNAL REVENUE BULLETIN The Introduction on page 3 describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superintendent of Documents when their subscriptions must be renewed. CUMULATIVE BULLETINS The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold on a single copy basis and are not included as part of the subscription to the Internal Revenue Bulletin. Subscribers to the week- ly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them from the Superintendent of Documents. HOW TO ORDER Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance, detach entire page, and mail to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Please allow two to six weeks, plus mailing time, for delivery. WE WELCOME COMMENTS ABOUT THE INTERNAL REVENUE BULLETIN If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can e-mail us your suggestions or comments through the IRS Internet Home Page (www.irs.ustreas.gov) or write to the IRS Bulletin Unit, T:FP:F:CD, Room 5560, 1111 Constitution Avenue NW, Washington, DC 20224. You can also leave a recorded message 24 hours a day, 7 days a week at 1–800–829–9043. Superintendent of Documents U.S. Government Printing Office Washington, DC 20402 Official Business Penalty for Private Use, $300 First Class Mail Postage and Fees Paid GPO Permit No. G–26
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