us-irs-notices-irb-2001-18-pdf•Internal Revenue Bulletin 2001-18 (PDF rendition): IRS Notices
Internal Revenue Bulletin 2001-18 (PDF rendition): IRS Notices
us-irs-notices-irb-2001-18-pdfInternal Revenue Bulletin 2001-18 (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.
INCOME TAX Rev. Rul. 2001–19, page 1143. Low-income housing credit; satisfactory bond; “bond factor” amounts for the period April through June 2001.This ruling announces the monthly bond factor amounts to be used by taxpayers who dispose of qualified low-income buildings or interests therein during the period April through June 2001. Rev. Rul. 2001–20, page 1143. Qualified lessee construction allowances for short-term leases.The purpose requirement under section 1.110–1(b)(3) of the regulations does not require a lease agreement to pro- vide that the entire construction allowance is for the purpose of constructing or improving qualified long-term real property. However, only the portion of the construction allowance actual- ly expended on qualified long-term real property for use in the lessee’s trade or business at the retail space may qualify as a qualified lessee construction allowance. Rev. Rul. 2001–21, page 1144. Special use value; farms; interest rates. The 2001 inter- est rates to be used in computing the special use value of farm real property for which an election is made under section 2032A of the Code are listed for estates of decedents. EMPLOYEE PLANS Notice 2001–32, page 1146. Weighted average interest rate update. The weighted average interest rate for April 2001 and the resulting per- missible range of interest rates used to calculate current lia- bility for purposes of the full funding limitation of section 412(c)(7) of the Code are set forth. Announcement 2001–43, page 1147. This document contains corrections to final regulations (T.D. 8921, 2001–7 I.R.B. 532) relating to tax treatment of cafe- teria plans. ESTATE TAX Rev. Rul. 2001–21, page 1144. Special use value; farms; interest rates. The 2001 interest rates to be used in computing the special use value of farm real property for which an election is made under section 2032A of the Code are listed for estates of dece- dents. EXEMPT ORGANIZATIONS Announcement 2001–45, page 1148. A list is provided of organizations now classified as private foundations. ADMINISTRATIVE Announcement 2001–41, page 1147. This document contains corrections to final and temporary regulations (T.D. 8916, 2001–4 I.R.B. 360) relating to Code section 864(e)(5) and 864(e)(6) rules on affiliated group interest and other expense allocation and apportionment and to the section 904(d) foreign tax credit limitation. Announcement 2001–42, page 1147. This document contains corrections to proposed regulations (REG–104683–00, 2001–4 I.R.B. 407) relating to the appli- cation of section 904 of the Code to income subject to sepa- rate limitations and computation of deemed-paid credit under section 902 of the Code. Announcement 2001–44, page 1148. This document contains a correction to proposed regulations (REG–110374–00, 2001–12 I.R.B. 915) relating to interest- free adjustments with respect to underpayments of employ- ment taxes. Internal Revenue bbuulllleettiinn Bulletin No. 2001–18 April 30, 2001 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. Department of the Treasury Internal Revenue Service Finding Lists begin on page ii. April 30, 20012001–18 I.R.B. 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 from the Superintendent of Documents on a subscription basis. Bulletin contents are consolidated semiannually into Cumulative Bulletins, which are sold on a single-copy basis. It is the policy of the Service to publish in the Bulletin all 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 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 pub- lished rulings and procedures, the effect of subsequent leg- islation, regulations, court decisions, rulings, and proce- 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 1100.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions, and Subpart B, Legislation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and 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. This part includes notices of proposed rulemakings, disbar- ment and suspension lists, and announcements. 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 semiannual basis, and are published in the first Bulletin of the succeeding semi- annual period, respectively. The IRS Mission Provide America’s taxpayers top quality service by help- ing them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all. 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. Section 42.—Low-Income Housing Credit Low-income housing credit; satisfac- tory bond; “bond factor” amounts for the period April through June 2001. This ruling announces the monthly bond factor amounts to be used by taxpayers who dispose of qualified low-income buildings or interests therein during the period April through June 2001. Rev. Rul. 2001–19 In Rev. Rul. 90–60, 1990–2 C.B. 4, the Internal Revenue Service provided guid- ance to taxpayers concerning the general methodology used by the Treasury De- partment in computing the bond factor amounts used in calculating the amount of bond considered satisfactory by the Sec- retary under § 42(j)(6) of the Internal Revenue Code. It further announced that the Secretary would publish in the Inter- nal Revenue Bulletin a table of “bond fac- tor” amounts for dispositions occurring during each calendar month. Rev. Proc. 99–11, 1999–1 C.B. 275, es- tablished a collateral program as an alterna- tive to providing a surety bond for taxpayers to avoid or defer recapture of the low-in- come housing tax credits under § 42(j)(6). Under this program, taxpayers may estab- lish a Treasury Direct Account and pledge certain United States Treasury securities to the Internal Revenue Service as security. This revenue ruling provides in Table 1 the bond factor amounts for calculating the amount of bond considered satisfac- tory under § 42(j)(6) or the amount of United States Treasury securities to pledge in a Treasury Direct Account under Rev. Proc. 99–11 for dispositions of qualified low-income buildings or inter- ests therein during the period April through June 2001. 2001–18 I.R.B.1143April 30, 2001 Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Table 1 Rev. Rul. 2001–19 Monthly Bond Factor Amounts for Dispositions Expressed As a Percentage of Total Credits Calendar Year Building Placed in Service or, if Section 42(f)(1) Election Was Made, the Succeeding Calendar Year Month of19871988198919901991199219931994199519961997 Disposition Apr ’0120.3637.4151.7163.8074.0375.4677.7679.9882.2284.6787.27 May ’01 20.3637.4151.7163.8074.0375.2577.5479.7581.9884.4287.01 Jun ’0120.3637.4151.7163.8074.0375.0577.3279.5281.7584.1886.76 Table 1 (cont’d) Rev. Rul. 2001–19 Monthly Bond Factor Amounts for Dispositions Expressed As a Percentage of Total Credits Calendar Year Building Placed in Service or, if Section 42(f)(1) Election Was Made, the Succeeding Calendar Year Month of1998199920002001 Disposition Apr ’0190.1593.0195.6097.21 May ’0189.8792.7195.3197.21 Jun ’0189.6192.4495.0597.21 For a list of bond factor amounts ap- plicable to dispositions occurring during other calendar years, see: Rev. Rul. 98–3, 1998–1 C.B. 248, and Rev. Rul. 2001–2, 2001–2 I.R.B. 255. For dispositions oc- curring during the period January through March 2001, see Rev. Rul. 2001–10, 2001–10 I.R.B. 755. DRAFTING INFORMATION The principal author of this revenue ruling is Gregory N. Doran of the Office of Associate Chief Counsel (Passthroughs and Special Industries). For further infor- mation regarding this revenue ruling, con- tact Mr. Doran at (202) 622-3040 (not a toll-free call). Section 61.—Gross Income Defined 26 CFR 1.61–1: Gross income. Must a lease agreement provide that an entire construction allowance is for the purpose of con- structing or improving qualified long-term real property to satisfy the purpose requirement under § 1.110–1(b)(3) of the Income Tax Regulations? See Rev. Rul. 2001–20, beginning on this page. Section 110.—Qualified Lessee Construction Allowances for Short-Term Leases 26 CFR 1.110–1: Qualified lessee construction allowances. (Also § 61; 1.61–1.) Qualified lessee construction al- lowances for short-term leases.The purpose requirement under section 1.110–1(b)(3) of the Income Tax Regula- tions does not require a lease agreement to provide that the entire construction al- lowance is for the purpose of constructing or improving qualified long-term real property. However, only the portion of the construction allowance actually ex- pended on qualified long-term real prop- erty for use in the lessee’s trade or busi- ness at the retail space may qualify as a qualified lessee construction allowance. Rev. Rul. 2001–20 ISSUE Must a lease agreement provide that an entire construction allowance is for the pur- pose of constructing or improving qualified long-term real property to satisfy the pur- pose requirement under § 1.110–1(b)(3) of the Income Tax Regulations? FACTS Xis in the business of selling tangible personal property to the general public. On February 5, 2001, Xand Ysign a 10- year agreement for the lease by Xof retail space located in Y’s newly constructed shopping center. The 10-year lease term starts March 1, 2001. A provision of the lease agreement provides that Ywill pro- vide Xwith a construction allowance in the amount of $1 million for the retail space. The lease agreement provides that, to the extent the $1 million construction allowance is spent on qualified long-term real property, it is for the purpose of con- structing or improving qualified long-term real property for use in X’s business at the retail space located at Y’s shopping center. During X’s 2001 taxable year, Xre- ceives the $1 million construction al- lowance and spends $800,000 on quali- fied long-term real property and $100,000 on section 1245 property for the leased re- tail space located in Y’s shopping center. Xis permitted to retain any excess over the amount it actually spends improving the retail space. LAW AND ANALYSIS Section 61(a) of the Internal Revenue Code provides that gross income means “all income from whatever source de- rived” except as otherwise provided in subtitle A of the Code. Section 110(a) provides a safe harbor excluding from gross income any amount received in cash (or treated as a rent re- duction) by a lessee from a lessor under a short-term lease of retail space, for the purpose of the lessee’s constructing or im- proving qualified long-term real property for use in the lessee’s trade or business at the retail space, but only to the extent that the amount does not exceed the amount expended by the lessee for the construc- tion or improvement (a qualified lessee construction allowance). Section 110(c)(1) defines the term “qualified long-term real property” as nonresidential real property which is part of, or otherwise present at, the retail space referred to in § 110(a) and which reverts to the lessor at the termination of the lease. Section 1.110–1(b)(2)(i) further defines qualified long-term real property as not including property qualifying as section 1245 property under section 1245(a)(3). Section 110(c)(2) defines the term “short-term lease” as a lease (or other agreement for occupancy or use) of retail space for 15 years or less (as determined under the rules of § 168(i)(3)). Section 110(c)(3) defines the term “retail space” as real property leased, occupied, or oth- erwise used by a lessee in its trade or business of selling tangible personal prop- erty or services to the general public. Under the purpose requirement in § 1.110–1(b)(3), an amount is excluded from gross income under § 110(a) only to the extent that the lease agreement for the retail space expressly provides that the construction allowance is for the purpose of constructing or improving qualified long-term real property for use in the lessee’s trade or business at the retail space. The intent of the purpose requirement in § 1.110–1(b)(3), which requires the lease agreement expressly provide that the construction allowance is for the purpose of constructing or improving qualified long-term real property, is to ensure that the lessor and the lessee take consistent tax positions. The requisite provision in the lease agreement serves as an acknowl- edgment by the lessor and the lessee that, to the extent the construction allowance is spent on qualified long-term real property, the improved or constructed property will be treated as owned by the lessor. The purpose requirement in § 1.110–1(b)(3) does not require a lease agreement to pro- vide that the entire construction allowance is for the purpose of constructing or im- proving qualified long-term real property. However, only the portion of the construc- tion allowance actually spent on qualified long-term real property may qualify as a qualified lessee construction allowance. Accordingly, of the $1 million construc- tion allowance provided by Yto X, $800,000 qualifies as a qualified lessee construction allowance that may be ex- cluded from income under § 110(a). HOLDING The purpose requirement under § 1.110–1(b)(3) does not require a lease agreement to provide that the entire con- struction allowance is for the purpose of constructing or improving qualified long- term real property. However, only the portion of the construction allowance ac- tually expended on qualified long-term real property for use in the lessee’s trade or business at the retail space may qualify as a qualified lessee construction al- lowance. DRAFTING INFORMATION The principal author of this revenue ruling is Paul Handleman of the Office of Associate Chief Counsel (Passthroughs and Special Industries). For further infor- mation regarding this revenue ruling, con- tact Mr. Handleman at (202) 622-3040 (not a toll-free call). Section 2032A.—Valuation of Certain Farm, Etc., Real Property 26 CFR 20.2032A–4: Method of valuing farm real property. Special use value; farms; interest rates. The 2001 interest rates to be used in com- puting the special use value of farm real property for which an election is made under section 2032A of the Code are listed for estates of decedents. Rev. Rul. 2001–21 This revenue ruling contains a list of the average annual effective interest rates on new loans under the Farm Credit Bank April 30, 200111442001–18 I.R.B. system. This revenue ruling also contains a list of the states within each Farm Credit Bank District. Under § 2032A(e)(7)(A)(ii) of the Inter- nal Revenue Code, rates on new Farm Credit Bank loans are used in computing the special use value of real property used as a farm for which an election is made under § 2032A. The rates in this revenue ruling may be used by estates that value farmland under § 2032A as of a date in 2001. Average annual effective interest rates, calculated in accordance with § 2032A(e)(7)(A) and § 20.2032A–4(e) of the Estate Tax Regulations, to be used under § 2032A(e)(7)(A)(ii), are set forth in the accompanying Table of Interest Rates (Table 1). The states within each Farm Credit Bank District are set forth in the accompanying Table of Farm Credit Bank Districts (Table 2). Rev. Rul. 81–170, 1981–1 C.B. 454, contains an illustrative computation of an average annual effective interest rate. The rates applicable for valuation in 2000 are in Rev. Rul. 2000–26, 2000–22 I.R.B. 1124. For rate information for years prior to 2000, see Rev. Rul. 99–20, 1999–1 C.B. 972, and other revenue rulings that are referenced therein. DRAFTING INFORMATION The principal author of this revenue ruling is Lane Damazo of the Office of the Associate Chief Counsel (Passthroughs and Special Industries). For further information regarding this revenue ruling, contact Lane Damazo at (202) 622-3090 (not a toll-free call). 2001–18 I.R.B.1145April 30, 2001 REV. RUL. 2001–21 TABLE 1 TABLE OF INTEREST RATES (Year of Valuation 2001) Farm Credit Bank District inInterest Which Property Is LocatedRate Columbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.90 Omaha/Spokane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7.98 Sacramento . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7.99 St. Paul . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.13 Springfield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.97 Texas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.22 Wichita . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.22 REV. RUL. 2001–21 TABLE 2 TABLE OF FARM CREDIT BANK DISTRICTS DistrictStates Columbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delaware, District of Columbia, Florida, Georgia, Maryland, North Carolina, Pennsylvania, South Carolina, Virginia, West Virginia Omaha/Spokane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alaska, Idaho, Iowa, Montana, Nebraska, Oregon, South Dakota, Washington, Wyoming. Sacramento . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arizona, California, Hawaii, Nevada, Utah. St. Paul . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arkansas, Illinois, Indiana, Kentucky, Michigan, Minnesota, Missouri, North Dakota, Ohio, Tennessee, Wisconsin. Springfield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont. Texas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alabama, Louisiana, Mississippi, Texas Wichita . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Colorado, Kansas, New Mexico, Oklahoma April 30, 200111462001–18 I.R.B. Weighted Average Interest Rate Update Notice 2001–32 Notice 88–73 provides guidelines for determining the weighted average interest rate and the resulting permissible range of interest rates used to calculate current lia- bility for the purpose of the full funding limitation of § 412(c)(7) of the Internal Revenue Code as amended by the Om- nibus Budget Reconciliation Act of 1987 and as further amended by the Uruguay Round Agreements Act, Pub. L. 103–465 (GATT). The average yield on the 30-year Trea- sury Constant Maturities for March 2001 is 5.34 percent. The following rates were determined for the plan years beginning in the month shown below. Part III. Administrative, Procedural, and Miscellanous 90% to 105%90% to 110% WeightedPermissiblePermissible MonthYearAverageRangeRange April20015.855.26 to 6.145.26 to 6.43 Drafting Information The principal author of this notice is Todd Newman of the Employee Plans, Tax Exempt and Government Entities Di- vision. For further information about this notice, please call Mr. Newman at (202) 283-9702 (not a toll-free number). Application of Section 904 to Income Subject to Separate Limitations and Section 864(e) Affiliated Group Expense Allocation and Apportionment Rules; Correction Announcement 2001–41 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Corrections to final and tem- porary regulations. SUMMARY: This document contains corrections to final and temporary regula- tions (T.D. 8916, 2001–4 I.R.B. 360) that were published in the Federal Register on Wednesday, January 3, 2001 (66 FR 268), relating to the section 864(e)(5) and (6) rules on affiliated group interest and other expense allocation and apportion- ment and to the section 904(d) foreign tax credit limitation. DATES: These corrections are effective January 3, 2001. FOR FURTHER INFORMATION CON- TACT: Bethany A. Ingwalson (202) 622- 3850 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final and temporary regulations that are the subject of these corrections are under section 864 and 904 of the In- ternal Revenue Code. Need for Correction As published, the final and temporary reg- ulations contain errors that may prove to be misleading and are in need of clarification. Correction of Publication Accordingly, the publication of the final and temporary regulations (T.D. 8916), that were the subject of FR Doc. 00–32477, is corrected as follows: 1. On page 268, column 3, in the pream- ble in the caption “DATES:” under the “Applicability Dates:” paragraph heading, first full paragraph, line 6 and 7, the lan- guage “9(h)(5)(i) and (ii), §1.861– 11(d)(8), and §1.861–14(d)(1), (d)(2)(i), and (d)(2)(ii)” is corrected to read “9(h)(5)(iii), §1.861–11(d)(2)(iv) and (d)(7), and §1.861–14(d)(1) and (d)(2)(iii)”. §1.904–4 [Corrected] 2. On page 276, column 3, §1.904–4, paragraph (g)(3)(ii)(C), line 6, the lan- guage “determination whether a distribu- tion” is corrected to read “determination of whether a distribution”. Cynthia E. Grigsby, Chief, Regulations Unit, Office of Special Counsel (Modernization and Strategic Planning). (Filed by the Office of the Federal Register on March 22, 2001, 8:45 a.m., and published in the issue of the Federal Register for March 23, 2001, 66 F.R. 16126) Application of Section 904 to Income Subject to Separate Limitations and Computation of Deemed-Paid Credit Under Section 902; Correction Announcement 2001–42 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Corrections to notice of pro- posed rulemaking and notice of public hearing. SUMMARY: This document contains corrections to a notice of proposed rule- making and notice of public hearing (REG–104683–00, 2001–4 I.R.B. 407) that was published in the Federal Regis- teron Wednesday, January 3, 2001 (66 FR 319), relating to the application of section 904 to income subject to separate limitations and computation of deemed- paid credit under section 902. FOR FURTHER INFORMATION CON- TACT: Bethany A. Ingwalson (202) 622- 3850 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The notice of proposed rulemaking and notice of public hearing that is the subject of these corrections is under sections 902 and 904 of the Internal Revenue Code. Need for Correction As published, the notice of proposed rulemaking and notice of public hearing (REG–104683–00) contain errors that may be misleading and are in need of clarification. Correction of Publication Accordingly, the publication of the no- tice of proposed rulemaking and notice of public hearing (REG–104683–00), which is the subject of FR Doc. 00–32478, is corrected as follows: 1. On page 319, column 2, in the pre- amble under the caption “AD- DRESSES:”, line 9, the language “(REG–106409–00), Courier’s Desk,” is corrected to read “(REG–104683–00), Courier’s Desk,”. §1.904(b)–1 [Corrected] 2. On page 331, column 3, §1.904 (b)–1(f), paragraph (i) of Example 1, line 4 from the bottom of the paragraph, the language “would have been subject to tax a rate of 20” is corrected to read “would have been subject to tax at a rate of 20”. Cynthia E. Grigsby, Chief, Regulations Unit, Office of Special Counsel (Modernization and Strategic Planning). (Filed by the Office of the Federal Register on March 20, 2001, 8:45 a.m., and published in the issue of the Federal Register for March 21, 2001, 66 F.R. 15820) Tax Treatment of Cafeteria Plans; Correction Announcement 2001–43 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Corrections to final regula- tions. SUMMARY: This document contains corrections to final regulations (T.D. 8921, 2001–7 I.R.B. 532) that were pub- lished in the Federal Registeron Wednesday, January 10, 2001 (66 FR 2001–18 I.R.B.1147April 30, 2001 Part IV. Items of General Interest April 30, 200111482001–18 I.R.B. 1837), relating to section 125 cafeteria plans. DATES: This correction is effective Janu- ary 10, 2001. FOR FURTHER INFORMATION CON- TACT: Christine L. Keller (202) 622- 6080 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations that are the sub- ject of these corrections are under section 125 of the Internal Revenue Code. Need for Correction As published, final regulations (T.D. 8921, 2001–7 I.R.B. 532) contain errors that may prove to be misleading and are in need of clarification. Correction of Publication Accordingly, the publication of the final regulations (T.D. 8921), which were the subject of FR Doc. 01–258, is cor- rected as follows: 1. On page 1838, column 1, in the preamble under the paragraph heading 1. Changes in the March 2000 Final Regulations, line 3 of the first para- graph, the language “final regulations issued earlier this year” is corrected to read “final regulations issued in March 2000”. 2. On page 1838, column 3, under the paragraph heading 2. Changes From the March 2000 Proposed Regulations, line 4, the language “earlier this year, but in- clude various” is corrected to read “in March 2000, but include various”. 3. On page 1840, column 1, amenda- tory instruction Par. 2. is corrected by adding a new instruction “3a.” following item 3 to read as follows: 3a. Revising paragraph (c)(3)(ii). §1.125–4 [Corrected] 4. On page 1840, column 2, §1.125–4 is corrected by removing the 5 asterisks following paragraph (c)(1)(ii). 5. On page 1840, column 2, §1.125–4 is corrected by removing the 5 asterisks following paragraph (c)(3)(i) and adding the text of revised paragraph (c)(3)(ii) in their place to read as follows: §1.125–4 Permitted election changes. * * * * * (c) * * * (3) * * * (ii) Application to other qualified bene- fits. An election change satisfies the re- quirements of this paragraph (c)(3) with respect to other qualified benefits if the election change is on account of and cor- responds with a change in status that af- fects eligibility for coverage under an em- ployer’s plan. An election change also satisfies the requirements of this para- graph (c)(3) if the election change is on account of and corresponds with a change in status that effects expenses described in section 129 (including employment-re- lated expenses as defined in section 21(b)(2)) with respect to dependent care assistance, or expenses described in sec- tion 137 (including qualified adoption ex- penses as defined in section 137(d)) with respect to adoption assistance. * * * * * 6. On page 1841, column 3, §1.125–4(f)(5)(ii), line 4, the language “Ser- vice, or a tribal organization” is corrected to read “Service, or a tribal organization;”. Cynthia E. Grigsby, Chief, Regulations Unit, Office of Special Counsel (Modernization and Strategic Planning). (Filed by the Office of the Federal Register on March 1, 2001, 8:45 a.m., and published in the issue of the Federal Register for March 2, 2001, 66 F.R. 13012) Interest-Free Adjustments With Respect to Underpayments of Employment Taxes; Correction Announcement 2001–44 AGENCY: Internal Revenue Service (IRS), Treasury. ACTON: Correction to notice of pro- posed rulemaking. SUMMARY: This document contains a correction to a notice of proposed rule- making (REG–110374–00, 2001–12 I.R.B. 915) that was published in the Fed- eral Registeron Wednesday, January 17, 2001 (66 FR 3956), relating to interest- free adjustments with respect to under- payments of employment taxes. FOR FURTHER INFORMATION CON- TACT: Anne O’Connell Devereaux (202) 622-3850 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The notice of proposed rulemaking (REG–110374–00), that is the subject of this correction is under section 6205 of the Internal Revenue Code. Need for Correction As published, the notice of proposed rulemaking (REG–110374–00) contains an error that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the publication of the no- tice of proposed rulemaking which was the subject of FR Doc. 01–273, is cor- rected as follows: On page 3958, column 2, in the pream- ble under the paragraph heading “Proposed Effective Date”, the first paragraph, line 7, the language “January 12, 2001. No in- ference is” is corrected to read “January 17, 2001. No inference is”. Cynthia E. Grigsby, Chief, Regulations Unit, Office of Special Counsel (Modernization and Strategic Planning). (Filed by the Office of the Federal Register on March 2, 2001, 8:45 a.m., and published in the issue of the Federal Register for March 5, 2001, 66 F.R. 13275) Foundations Status of Certain Organizations Announcement 2001–45 The following organizations have failed to establish or have been unable to maintain their status as public charities or as operat- ing foundations. Accordingly, grantors and contributors may not, after this date, rely on previous rulings or designations in the Cu- mulative List of Organizations (Publication 78), or on the presumption arising from the filing of notices under section 508(b) of the Code. This listing does notindicate that the organizations have lost their status as orga- nizations described in section 501(c)(3), eli- gible to receive deductible contributions. 2001–18 I.R.B.1149April 30, 2001 Former Public Charities.The following organizations (which have been treated as organizations that are not private founda- tions described in section 509(a) of the Code) are now classified as private foun- dations: 125th Anniversary of Tarrytown, Inc., Tarrytown, NY 1000 Islands Select Hockey, Inc., Watertown, NY Aberdeen Solomon David Memorial Scholarship Fund, Newark, NJ Adventure for Adults, Inc., Haddon Heights, NJ Africa Legal Defense and Education Fund, Inc., New York, NY African American Historical Society of Rockland County, Inc., Tappan, NY Afriqua, East Orange, NJ Ahepa 91, Inc., Lancaster, NY Aids Association of Western New York, Inc., Buffalo, NY Amateur Radio Communication Service Corps, Inc., Neptune, NJ American-Belgian Holocaust Memorial Foundation, New York, NY American Committee for Sanz Institutions of Israel, Inc., Brooklyn, NY American Friends of the Centre for European Security Studies, Ltd., New York, NY American Friends of the Jewish Bible Association, Inc., Long Branch, NJ American Friends of the Shanghai Museum, Inc., New York, NY American Methadone Treatment Assoc., New York, NY American Pledge, Inc., Chappaqua, NY Amherst Chamber Ensembles, Inc., Williamsville, NY Angels for Janine, Armonk, NY Ark House, Inc., Newark, NJ Art in Perpetuity, New York, NY Artsmarter, Inc, New York, NY Association of Consumers for Enhancement and Support, Inc., Seneca Falls, NY Aurora Playground Fund, Aurora, NY Bear Boosters, Delrain, NJ Biliary Artesia & Livery Transplant Network, Inc., Staten Island, NY Bridges to Independence, Inc., New York, NY Bronx Korea Community Service Center, Inc., Bronx, NY Broome Community Partners, Inc., Binghamton, NY Calvary Foundation, Inc., Buffalo, NY Camden Community Partnership for Substance Abuse Prevention, Inc., Camden, NJ Capizeno Circle, Inc., USA, Jersey City, NJ Casa Banome Housing Development Fund Corporation, Bronx, NY Center for Immigration Support, Inc., New City, NY Center for Jewish Governance, Montrose, NY Central Westchester Senior Center, Inc., Port Chester, NY Charge, Incorporated, New York, NY Childrens Holiday Foundation, Inc., New York, NY Clifton Hospice House, Inc., Clifton, NJ Clinton Complex Housing Development Fund Corporation, Bronx, NY Cohoes Kiwanis Foundation, Inc., Cohoes, NY Community Law Advocates, New York, NY Concord Conservancy, Inc., New York, NY Corning Community College Alumni Association, Inc., Corning, NY Cuddlecare A New Jersey Nonprofit Corporation, Red Bank, NJ Cumberland County Coalition on Abuse and Neglect, Incorporated, Vineland, NJ David Martin Carter Award Fund Corporation, New York, NY Dimension Educative Corporation, West New York, NY Domestic Pressure, Inc., New York, NY Dr. E.L. Williams Jr., Ministries, Irvington, NJ Earthbase, Inc., New York, NY Eating Disorders International, Inc., New York, NY Economic Development Corporation of Westchester Avenue, Bronx, NY Education Connection Foundation, Inc., Hackensack, NJ Eleemosynary Charitable Fund, Inc., New York, NY Environmental Benefit, Inc., Port Chester, NY Epasa-USA, Inc., Ridgewood, NY Epidavros Project, Inc., New York, NY Erie County Youthbuild, Inc., Buffalo, NY Ethos Environmental Council, Inc., Westfield, NJ Evergreen Foundation, Buffalo, NY Excelsior Hose Company Number 4, Inc., Kingston, NY Family Housing Services of Orange Co., Inc., Newburgh, NY Famine Garden Foundation, Hillside, NY Fifty Plus, Inc., Staten Blvd., NY First Baptist Housing Development Fund Company, Inc., Mamaroneck, NY First Hellenic-American Society of Friends, Inc., New York, NY Fitness Training Institute, Inc., New York, NY Floyd Historical Society, Rome, NY Foothills Community Center, Inc., Monticello, NY Foundation of NYS Federation of Professional Health Educators, Inc., Binghamton, NY Friends of Hill Cottage, Ltd., Lake George, NY Friends of Lt. George Lener, Staten Island, NY Friends of Memorial, Inc., New York, NY Friends of Science, Staten Island, NY Foundation for Economic Democracy, Inc., New York, NY Fulmont Ralph Bell Crusade, Fonda, NY Galatea Ensemble, Inc., New York, NY Graffiti Community Ministries, Inc., New York, NY Grassroots Interconnect, Inc., Pittsford, NY Greater New York Chapter of Adec, Inc., New York, NY Greater Rochester Professionals Network, Rochester, NY Harborside Apartments, Inc., Paterson, NJ Help Aids Resources Triumph, Inc., New York, NY Hill Communications, Inc., Schenectady, NY Homeboy Golf Tournament, Inc., New York, NY Homes for All, Ltd., Delmar, NY Homestead Establishment, Inc., Orchard Park, NY Hope Animal Foundation, Inc., Summit, NJ Hudson Valley Air Museum Foundation, Inc., Poughkeepsie, NY In the Spirit of the Children, Inc., New York, NY International Bank Study Center, Inc., New York, NY International Foundation for Development of Modern Arts, New York, NY April 30, 200111502001–18 I.R.B. International Junior Golf Tour, Inc., Hilton Head, SC International Society for Holter & Noninvasive Electrocardiology, Inc., Boston, MA Israel Leadership and Education Foundation, Inc., New York, NY Jiribilla Cuban Culture Association, Inc., New York, NY Johnson City Rotary Foundation, Vestal, NY Jude Institute of New Jersey, Inc., Englishtown, NJ Kencon, Inc., Willingboro, NJ Kenmore Housing Development Fund, Corporation, New York, NY Kingston-Newburgh Enterprise Corporation, Newburgh, NY Kofi, Incorporated, Bronx, NY Leadership Board, Inc., Waterford, NY Learning Annex Foundation, Inc., New York, NY Learning Emporium, Inc., Clifton, NJ Levoy Theatre Preservation Society, Inc., Millville, NJ Lewis P. Preston Education Program for Girls, Inc., Newark, DE Lewis Street Housing Development Fund Company, Buffalo, NY Life and Living Bereavement Center, Inc., New York, NY Lighthouse Community Outreach, Inc., Bronx, NY Lilac Housing, Corp., Williamsville, NY Lillian Leppe & Augusto Mauro Memorial Foundation, Inc., New York, NY Ludlow Independent Soccer Club, Ludlow, MA Magnificat Meal Movement International- New York, White Plains, NY Maria Foundation, Inc., Cherry Hill, NJ McTyeire School Alumnae Association of Eastern USA and Canada, Cliffside Park, NJ Medgar Evers College Research and Development Foundation, Inc., New York, NY Millenium Arts Project, Inc., New York, NY Miriam Zukerman Music Foundation, New York, NY Miss America Foundation, Inc., Atlantic City, NJ Moscow Institute for Advanced Studies, Inc., New York, NY Motherless Daughters, Inc., New York, NY Mullica Twp Community Playground Project, Inc., Sweetwater, NJ Musicians Against Racism-Sexism, Inc., New York, NY Musicians Aid Society of New York, Inc., New York, NY Mustard Seed Korean Community Services Center, Inc., Palisades Park, NJ N.J. Roadrunners, Inc., Union, NJ Neighborhood Partnership Housing Development Fund Company, Inc., New York, NY New American Stage Company, Inc., White Plains, NY New Development Opportunities, Inc., Dunkirk, NY New Square Local Development Corporation, New Square, NY Newton Ice Rink, Inc., Newton, CT New York Forum, Inc., New York, NY New York Society for Thoracic Surgery, Inc., New York, NY New York State Aerospace Education Council, Inc., Scotia, NY New York Womens Film Festival, Inc., New York, NY North Bronx Health Center, Inc., New York, NY North Jersey Babe Ruth Fall Ball, Inc., Sussex, NJ Northeast Bronx Community Cultural Committee, Inc., Bronx, NY Northeast New Jersey Area Convention of NA, Inc., Roselle, NJ Northeastern Anthrpological Assoc., NEAA, Amherst, MA Northhenge International Bobsledding, Inc., Albany, NY Oasis Community Development and Housing, Inc., Plain Valley, NY Ocean of Know, Inc., Dover Plains, NY Pan Pacific and Southeast Asia Womens Association, New York, NY Parkchester Multi-Cultural Association, Incorporated, Bronx, NY Paul Revere Institute, Inc., Boston, MA Peace on Earth Foundation, Inc., New York, NY Peaceart International, Inc., Rochester, NY Peak, Inc., New York, NY Peas on Earth Nonprofit Trust, Simsbury, CT Penny Park Playground, Inc., Hammonton, NJ Play for Kids, Inc., New York, NY Potsdam Youth Soccer Association, Inc., Potsdam, NY Praise Guide Dog Center & Mobility School for the Blind, Old Westbury, NY Prayer Mountain, Inc., Sauquoit, NY Project Live No. 4, Inc., Newark, NJ Prometheus Theatre Productions, Inc., Los Angeles, CA Pryor Manor Marsh Preservation Association, Inc., New York, NY Puertorican Hispanic Asian Development Corporation, New York, NY PWA Fund of Central New York, Inc., Syracuse, NY R.B.M. Shelter Family Care, Inc., Newark, NJ Raymond Francis Okonsky Foundation, New York, NY Rensselaer Artists Movement Society, Rensselaer, NY River Vale Playground Committee, Inc., River Vale, NJ Rochester Childrens Museum, Rochester, NY Rockland Bicentennial 1998, Inc., New City, NY Rockwork New York, Inc., New York, NY Romanian Childrens Fund, Inc., Westwood, NJ Rubber Duck Productions, Inc., Somerville, MA Rye Neck Community Fund, Inc., Mamaroneck, NY Samaritan Home Care, Suffern, NY Saratoga Affordable Housing Coalition, Inc., Saratoga Springs, NY Self Help for the Hard of Hearing New Hampshire, Nashua, NH Seneca Heights Corporation, Syracuse, NY Sloatsburg Interfaith Housing Alliance Corporation, Elmsford, NY Smart Kids USA, Inc., Middle Village, NY Socio-Economic Empowerment Through Democracy Development Group, Inc., Dryden, NY Sovereign Military Order of Saint John of Jerusalem Villdieu, Inc., New York, NY St. Judes Community Center, Inc., Brooklyn, NY Stage One, Incorporated, New York, NY Staten Island Help Our People Excel, Staten Island, NY 2001–18 I.R.B.1151April 30, 2001 Syracuse Walk of Stars Awards, Inc., Syracuse, NY Taiwan International Cultural Exchange, New York, NY Ten Broeck Triangle Preservation League, Inc., Albany, NY Theodore Brown Christian Academy, East Orange, NJ Tioga Carver Community Foundation, New York, NY Union Baptist Community Development Corporation, White Plains, NY United Community Central Los Angeles, Glendora, CA Universal Prayer Fellowship, Inc., East Orange, NJ University Gynecologists & Obstetricians, Inc., Buffalo, NY Upstate New York Torah Association, Inc., Albany, NY Uptown-Inner City League, Inc., New York, NY Urgent Family Home Health Care, Inc., Bronx, NY Vajrasattva Foundation, Inc., New York, NY Van Nest Community Association, Inc., Bronx, NY Victor Blue Devil Lacrosse Committee, Victor, NY Weigh Less Foundation, New York, NY Weigh Reseach Foundation, New York, NY West Chester Wildlife, Incorporated, Peekskill, NY Wheatfield-Ulster County Civil War Round Table, Stone Ridge, NY Wildlife Warriors, Inc., New City, NY Womens Center for Grassroots Development, Los Angeles, CA World Confederation of United Zionists, New York, NY World Cultural Exchange, Inc., New York, NY World of Culture for Performing Arts, Inc., New York, NY Yale Project 55, Inc., New York, NY Yonkers Local Assistance Corporation, Yonkers, NY Yorkville Youth Athletic Association, Inc., New York, NY Young Artists Group, Inc., New York, NY Young at Heart, Mattydale, NY Young Readers Network, Inc., New York, NY Zachor Int’l, Inc., New York, NY If an organization listed above submits information that warrants the renewal of its classification as a public charity or as a private operating foundation, the Internal Revenue Service will issue a ruling or de- termination letter with the revised classi- fication as to foundation status. Grantors and contributors may thereafter rely upon such ruling or determination letter as pro- vided in section 1.509(a)–7 of the Income Tax Regulations. It is not the practice of the Service to announce such revised clas- sification of foundation status in the Inter- nal Revenue Bulletin. April 30, 2001i2001–18 I.R.B. Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to de- scribe the effect: 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. Thus, if an earlier ruling held that a principle applied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below). Clarified is used in those instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confu- sion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes 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 previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it ap- plies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified and clarified, above). Obsoleted describes a previously 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 rulings that are obsoleted because of changes in law or regulations. A ruling 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, modified and superseded describes a situation 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- seded. 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 amended regulations, the outcome 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 Contributions Act. FISC—Foreign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Federal Unemployment Tax Act. FX—Foreign Corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grantee. GP—General Partner. GR—Grantor. IC—Insurance Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—Parent Corporation. PHC—Personal Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Partnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Real Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsidiary. S.P.R.—Statements of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Transferee. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpayer. TR—Trust. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. Definition of Terms 2001–18 I.R.B.iiApril 30, 2001 Numerical Finding List 1 Bulletins 2001–1 through 2001–17 Announcements: 2001–1, 2001–2 I.R.B. 277 2001–2, 2001–2 I.R.B. 277 2001–3, 2001–2 I.R.B. 278 2001–4, 2001–2 I.R.B. 286 2001–5, 2001–2 I.R.B. 286 2001–6, 2001–3 I.R.B. 357 2001–7, 2001–3 I.R.B. 357 2001–8, 2001–3 I.R.B. 357 2001–9, 2001–3 I.R.B. 357 2001–10, 2001–4 I.R.B. 431 2001–11, 2001–4 I.R.B. 432 2001–12, 2001–6 I.R.B. 526 2001–13, 2001–96 I.R.B. 752 2001–14, 2001–7 I.R.B. 648 2001–15, 2001–8 I.R.B. 715 2001–16, 2001–8 I.R.B. 715 2001–17, 2001–8 I.R.B. 716 2001–18, 2001–10 I.R.B. 791 2001–19, 2001–10 I.R.B. 791 2001–20, 2001–8 I.R.B. 716 2001–21, 2001–9 I.R.B. 752 2001–22, 2001–11 I.R.B. 895 2001–23, 2001–10 I.R.B. 791 2001–24, 2001–10 I.R.B. 793 2001–25, 2001–11 I.R.B. 895 2001–26, 2001–11 I.R.B. 896 2001–27, 2001–11 I.R.B. 897 2001–28, 2001–13 I.R.B. 975 2001–29, 2001–14 I.R.B. 1014 2001–30, 2001–15 I.R.B. 1065 2001–31, 2001–17 I.R.B. 1113 2001–32, 2001–17 I.R.B. 1113 2001–33, 2001–17 I.R.B. 1137 2001–34, 2001–16 I.R.B. 1087 2001–35, 2001–16 I.R.B. 1087 2001–36, 2001–16 I.R.B. 1089 2001–37, 2001–16 I.R.B. 1090 2001–38, 2001–16 I.R.B. 1138 2001–39, 2001–17 I.R.B. 1141 2001–40, 2001–17 I.R.B. 1141 Notices: 2001–1, 2001–2 I.R.B. 261 2001–2, 2001–2 I.R.B. 265 2001–3, 2001–2 I.R.B. 267 2001–4, 2001–2 I.R.B. 267 2001–5, 2001–3 I.R.B. 327 2001–6, 2001–3 I.R.B. 327 2001–7, 2001–4 I.R.B. 374 2001–8, 2001–4 I.R.B. 374 2001–9, 2001–4 I.R.B. 375 2001–10, 2001–5 I.R.B. 459 2001–11, 2001–5 I.R.B. 464 2001–12, 2001–3 I.R.B. 328 2001–13, 2001–6 I.R.B. 514 2001–14, 2001–6 I.R.B. 516 2001–15, 2001–7 I.R.B. 589 2001–16, 2001–9 I.R.B. 730 2001–17, 2001–9 I.R.B. 730 2001–18, 2001–9 I.R.B. 731 2001–19, 2001–10 I.R.B. 784 2001–20, 2001–11 I.R.B. 818 2001–21, 2001–11 I.R.B. 818 2001–22, 2001–12 I.R.B. 911 2001–23, 2001–12 I.R.B. 911 Notices:—Continued 2001–24, 2001–12 I.R.B. 912 2001–25, 2001–13 I.R.B. 941 2001–26, 2001–13 I.R.B. 942 2001–27, 2001–13 I.R.B. 942 2001–28, 2001–13 I.R.B. 944 2001–29, 2001–14 I.R.B. 989 2001–30, 2001–14 I.R.B. 989 2001–31, 2001–17 I.R.B. 1093 Proposed Regulations: LR–230–76, 2001–13 I.R.B. 945 REG–209461–79, 2001–8 I.R.B. 712 REG–246256–96, 2001–8 I.R.B. 713 REG–251701–96, 2001–4 I.R.B. 396 REG–101520–97, 2001–15 I.R.B. 1057 REG–106030–98, 2001–11 I.R.B. 820 REG–106446–98, 2001–13 I.R.B. 945 REG–106542–98, 2001–5 I.R.B. 473 REG–121928–98, 2001–6 I.R.B. 520 REG–109481–99, 2001–13 I.R.B. 961 REG–111835–99, 2001–11 I.R.B. 834 REG–114998–99, 2001–14 I.R.B. 992 REG–115560–99, 2001–14 I.R.B. 993 REG–101739–00, 2001–14 I.R.B. 996 REG–103320–00, 2001–8 I.R.B. 714 REG–104683–00, 2001–4 I.R.B. 407 REG–104876–00, 2001–14 I.R.B. 998 REG–105801–00, 2001–13 I.R.B. 965 REG–105946–00, 2001–16 I.R.B. 1069 REG–106513–00, 2001–16 I.R.B. 1076 REG–106702–00, 2001–4 I.R.B. 424 REG–106791–00, 2001–6 I.R.B. 521 REG–106892–00, 2001–15 I.R.B. 1060 REG–107047–00, 2001–14 I.R.B. 1002 REG–107101–00, 2001–16 I.R.B. 1083 REG–107175–00, 2001–13 I.R.B. 971 REG–107176–00, 2001–4 I.R.B. 428 REG–107186–00, 2001–13 I.R.B. 973 REG–107566–00, 2001–3 I.R.B. 346 REG–110374–00, 2001–12 I.R.B. 915 REG–110659–00, 2001–12 I.R.B. 917 REG–114082–00, 2001–7 I.R.B. 629 REG–114083–00, 2001–7 I.R.B. 630 REG–114084–00, 2001–7 I.R.B. 633 REG–116468–00, 2001–6 I.R.B. 522 REG–119352–00, 2001–6 I.R.B. 525 REG–121109–00, 2001–15 I.R.B. 1064 REG–125237–00, 2001–12 I.R.B. 919 REG–126100–00, 2001–11 I.R.B. 862 REG–129608–00, 2001–14 I.R.B. 1011 REG–130477–00, 2001–11 I.R.B. 865 REG–130481–00, 2001–11 I.R.B. 865 Railroad Retirement Quarterly Rates: 2001–2, I.R.B. 258 2001–15, I.R.B. 1054 Revenue Procedures: 2001–1, 2001–1 I.R.B. 1 2001–2, 2001–1 I.R.B. 79 2001–3, 2001–1 I.R.B. 111 2001–4, 2001–1 I.R.B. 121 2001–5, 2001–1 I.R.B. 164 2001–6, 2001–1 I.R.B. 194 2001–7, 2001–1 I.R.B. 236 2001–8, 2001–1 I.R.B. 239 2001–9, 2001–3 I.R.B. 328 2001–10, 2001–2 I.R.B. 272 2001–11, 2001–2 I.R.B. 275 2001–12, 2001–3 I.R.B. 335 Revenue Procedures—Continued: 2001–13, 2001–3 I.R.B. 337 2001–14, 2001–3 I.R.B. 343 2001–15, 2001–5 I.R.B. 465 2001–16, 2001–4 I.R.B. 376 2001–17, 2001–7 I.R.B. 589 2001–18, 2001–8 I.R.B. 708 2001–19, 2001–9 I.R.B. 732 2001–20, 2001–9 I.R.B. 738 2001–21, 2001–9 I.R.B. 742 2001–22, 2001–9 I.R.B. 745 2001–23, 2001–10 I.R.B. 784 2001–24, 2001–10 I.R.B. 788 2001–25, 2001–12 I.R.B. 913 2001–26, 2001–17 I.R.B. 1093 Revenue Rulings: 2001–1, 2001–9 I.R.B. 726 2001–2, 2001–2 I.R.B. 255 2001–3, 2001–3 I.R.B. 319 2001–4, 2001–3 I.R.B. 295 2001–5, 2001–5 I.R.B. 451 2001–6, 2001–6 I.R.B. 491 2001–7, 2001–7 I.R.B. 541 2001–8, 2001–9 I.R.B. 726 2001–9, 2001–8 I.R.B. 652 2001–10, 2001–10 I.R.B. 755 2001–11, 2001–10 I.R.B. 780 2001–12, 2001–11 I.R.B. 811 2001–13, 2001–12 I.R.B. 898 2001–14, 2001–12 I.R.B. 898 2001–15, 2001–13 I.R.B. 922 2001–16, 2001–13 I.R.B. 936 2001–17, 2001–15 I.R.B. 1052 2001–18, 2001–17 I.R.B. 1092 Treasury Decisions: 8910, 2001–2 I.R.B. 258 8911, 2001–3 I.R.B. 321 8912, 2001–5 I.R.B. 452 8913, 2001–3 I.R.B. 300 8914, 2001–8 I.R.B. 653 8915, 2001–4 I.R.B. 359 8916, 2001–4 I.R.B. 360 8917, 2001–7 I.R.B. 538 8918, 2001–4 I.R.B. 372 8919, 2001–6 I.R.B. 505 8920, 2001–8 I.R.B. 654 8921, 2001–7 I.R.B. 532 8922, 2001–6 I.R.B. 508 8923, 2001–6 I.R.B. 485 8924, 2001–6 I.R.B. 489 8925, 2001–6 I.R.B. 496 8926, 2001–6 I.R.B. 492 8927, 2001–11 I.R.B. 807 8928, 2001–8 I.R.B. 685 8929, 2001–10 I.R.B. 756 8930, 2001–5 I.R.B. 433 8931, 2001–7 I.R.B. 542 8932, 2001–11 I.R.B. 813 8933, 2001–11 I.R.B. 794 8934, 2001–12 I.R.B. 904 8935, 2001–8 I.R.B. 702 8937, 2001–11 I.R.B. 806 8938, 2001–13 I.R.B. 929 8939, 2001–12 I.R.B. 899 8940, 2001–15 I.R.B. 1016 8941, 2001–14 I.R.B. 977 8942, 2001–13 I.R.B. 929 8943, 2001–15 I.R.B. 1054 8944, 2001–16 I.R.B. 1067 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2000–27 through 2000–52 is in Internal Revenue Bulletin 2001–1, dated January 2, 2001. April 30, 2001iii2001–18 I.R.B. Finding List of Current Actions on Previously Published Items 1 Bulletins 2001–1 through 2001–17 Announcement: 98–99 Modified by Ann. 2001–9, 2001–3 I.R.B. 357 99–79 Superseded by Ann. 2001–3, 2001–2 I.R.B. 278 2000–78 Obsoleted by T.D. 8933, 2001–11 I.R.B. 794 2000–97 Corrected by Ann. 2001–7, 2001–3 I.R.B. 357 Cumulative Bulletin: 1998–2 Corrected by Ann. 2001–5, 2001–2 I.R.B. 286 Notices: 94–3 Modified by T.D. 8933, 2001–11 I.R.B. 794 98–39 Modified by Notice 2001–9, 2001–4 I.R.B. 375 98–40 Modified by Notice 2001–9, 2001–4 I.R.B. 375 99–53 Modified and superseded by Notice 2001–7, 2001–4 I.R.B. 374 2000–21 Superseded by Notice 2001–1, 2001–2 I.R.B. 261 2000–22 Modified and superseded by Notice 2001–8, 2001–4 I.R.B. 374 2000–26 Modified by Notice 2001–22, 2001–12 I.R.B. 911 2000–43 Extended by Notice 2001–13, 2001–6 I.R.B. 514 Proposed Regulations: EE–130–86 Partially withdrawn by REG–209461–79, 2001–8 I.R.B. 712 REG–106030–98 Corrected by Ann. 2001–30, 2001–15 I.R.B. 1065 REG–106542–98 Corrected by Ann. 2001–24, 2001–13 I.R.B. 793 REG–116733–98 Withdrawn by Ann. 2001–11, 2001–4 I.R.B. 432 Proposed Regulations—Continued: REG–116048–99 Withdrawn by Ann. 2001–27, 2001–11 I.R.B. 897 REG–106702–00 Corrected by Ann. 2001–28, 2001–13 I.R.B. 975 Revenue Procedures: 83–87 Superseded by Rev. Proc. 2001–15, 2001–5 I.R.B. 465 90–18 Amplified and superseded by Rev. Proc. 2001–18, 2001–8 I.R.B. 708 92–19 Superseded by Rev. Proc. 2001–15, 2001–5 I.R.B. 465 96–15 Modified by Ann. 2001–22, 2001–11 I.R.B. 895 96–17 Modified by Rev. Proc. 2001–9, 2001–3 I.R.B. 328 99–18 Modified and superseded by Rev. Proc. 2001–21, 2001–9 I.R.B. 742 99–47 Superseded by Rev. Proc. 2001–16, 2001–4 I.R.B. 376 99–49 Modified and amplified by Notice 2001–23, 2001–12 I.R.B. 911 Rev. Proc. 2001–10, 2001–2 I.R.B. 272 Rev. Proc. 2001–23, 2001–10 I.R.B. 784 Rev. Proc. 2001–24, 2001–10 I.R.B. 788 Rev. Proc. 2001–25, 2001–12 I.R.B. 913 Rev. Rul. 2001–8, 2001–9 I.R.B. 762 2000–1 Superseded by Rev. Proc. 2001–1, 2001–1 I.R.B. 1 2000–2 Superseded by Rev. Proc. 2001–2, 2001–1 I.R.B. 79 2000–3 Superseded by Rev. Proc. 2001–3, 2001–1 I.R.B. 111 2000–4 Superseded by Rev. Proc. 2001–4, 2001–1 I.R.B. 121 2000–5 Superseded by Rev. Proc. 2001–5, 2001–1 I.R.B. 164 2000–6 Superseded by Rev. Proc. 2001–6, 2001–1 I.R.B. 194 2000–7 Superseded by Rev. Proc. 2001–7, 2001–1 I.R.B. 236 2000–8 Superseded by Rev. Proc. 2001–8, 2001–1 I.R.B. 239 Revenue Procedures—Continued: 2000–16 Modified and superseded by Rev. Proc. 2001–17, 2001–7 I.R.B. 589 2000–22 Modified and superseded by Rev. Proc. 2001–10, 2001–2 I.R.B. 272 2000–23 Superseded by Rev. Proc. 2001–26, 2001–17 I.R.B. 1093 2001–3 Corrected by Ann. 2001–25, 2001–11 I.R.B. 895 2001–13 Clarified by Notice 2001–12, 2001–3 I.R.B. 328 Revenue Rulings: 64–328 Modified by Notice 2001–10, 2001–5 I.R.B. 459 66–110 Modified by Notice 2001–10, 2001–5 I.R.B. 459 85–30 Clarified by Rev. Rul. 2001–8, 2001–9 I.R.B. 762 88–95 Clarified by Rev. Rul. 2001–8, 2001–9 I.R.B. 762 92–19 Supplemented in part by Rev. Rul. 2001–11, 2001–10 I.R.B. 780 2000–56 Corrected by Ann. 2001–19, 2001–10 I.R.B. 791 2001–4 Modified by Notice 2001–23, 2001–12 I.R.B. 911 Treasury Decisions: 7530 Removed by T.D. 8938, 2001–13 I.R.B. 929 8757 Revised by T.D. 8941, 2001–14 I.R.B. 977 8889 Corrected by Ann. 2001–14, 2001–2 I.R.B. 286 8912 Corrected by Ann. 2001–40, 2001–17 I.R.B. 1141 8913 Corrected by Ann. 2001–26, 2001–11 I.R.B. 896 8931 Technically amended by Ann. 2001–37, 2001–16 I.R.B. 1090 8933 Corrected by Ann. 2001–31, 2001–17 I.R.B. 1113 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2000–27 through 2000–52 is in Internal Revenue Bulletin 2001–1, dated January 2, 2001. 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 Superintendent of Documents when their subscriptions must be renewed. CUMULATIVE BULLETINS The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold on a single copy basis and are not included as part of the subscription to the Internal Revenue Bulletin. Subscribers to the weekly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them from the Superintendent of Documents. ACCESS THE INTERNAL REVENUE BULLETIN ON THE INTERNET You may view the Internal Revenue Bulletin on the Internet at www.irs.gov. Select Tax Info for Business at the bottom of the page. Then select Internal Revenue Bulletins. INTERNAL REVENUE BULLETINS ON CD–ROM Internal Revenue Bulletins are available annually as part of Publication 1796 (Tax Products CD–ROM). The CD–ROM can be purchased from National Technical Information Service (NTIS) on the Internet at www.irs.gov/cdorders(discount for online orders) or by calling 1-877-233-6767. The first release is available in mid-December and the final release is available in late January. 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, P.O. Box 371954, Pittsburgh, PA 15250–7954. 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. 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