us-irs-notices-irb-2013-25-pdf•Internal Revenue Bulletin 2013-25 (PDF rendition): IRS Notices
Internal Revenue Bulletin 2013-25 (PDF rendition): IRS Notices
us-irs-notices-irb-2013-25-pdfInternal Revenue Bulletin 2013-25 (PDF rendition): IRS NoticesGuidance
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Bulletin No. 201 3-25 June 17, 2013 HIGHLIGHTS OF THIS ISSUE These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. INCOME TAX Notice 2013–38, page 1251. This notice provides a simplified procedure for a State or lo- cal government to amend its nomination of an empowerment zone to provide for a new termination date of December 31, 2013, thereby resulting in the designation of the empowerment zone remaining in effect through December 31, 2013. Under this notice, any nomination for an empowerment zone that was in effect on December 31, 2009, is deemed to be amended to provide for a new termination date of December 31, 2013, unless the nominating entity sends written notification to the Internal Revenue Service by July 29, 2013. If the entity that nominated an empowerment zone does not send written no- tification, the nomination of that empowerment zone will be deemed extended from December 31, 2009, through Decem- ber 31, 2013, as authorized under section 1391. Notice 2013–39, page 1252. This notice provides relief from certain requirements in § 142(d) to issuers of tax-exempt bonds that approve the housing of in- dividuals displaced due to the effects of severe storms in Ok- lahoma in residential rental projects financed with tax-exempt bonds under § 142(d). Notice 2013–40, page 1254. This notice provides for the suspension of certain requirements under § 42 of the Code for low-income housing credit projects to provide emergency housing relief needed as a result of the devastation caused by severe storms and tornadoes in the State of Oklahoma. EXEMPT ORGANIZATIONS Announcement 2013–18, page 1256. A list is provided of organizations now classified as private foun- dations. Actions Relating to Court Decisions is on the page following the Introduction. Finding Lists begin on page ii. The IRS Mission Provide Americ a’s taxpayers top-quality service by helping them understa nd and meet their tax responsibilities and en- force the law wi th integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly. It is the poli cy of the Service to publish in the Bulletin all sub- stantive ru lings necessary to promote a uniform application of the tax laws , including all rulings that supersede, revoke, mod- ify, or amen d any of those previously published in the Bulletin. All publish ed rulings apply retroactively unless otherwise indi- cated. Pro cedures relating solely to matters of internal man- agement ar e not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Leg- islation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secre- tary (Enforcement). Part IV.—Items of General Interest. This part includes notices of proposed rulemakings, disbar- ment and suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The cont ents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. June 17, 20132013–25 I.R.B. Actions Relati ng to Court Decisions It is the policy of the Internal Rev- enue Service t o announce at an early date whether it wil l follow the holdings in cer- tain cases. An Action on Decision is the document maki ng such an announcement. An Action on De cision will be issued at the discreti on of the Service only on unap- pealed issue s decided adverse to the gov- ernment. Gen erally, an Action on Decision is issued whe re its guidance would be help- ful to Servi ce personnel working with the same or simi lar issues. Unlike a Treasury Regulation or a Revenue Ruling, an Action on Decision is not an affirmative statement of Service position. It is not intended to serve as pu blic guidance and may not be cited as pr ecedent. Actions on Decisions shall be relied upon withi n the Service only as conclu- sions appl ying the law to the facts in the particul ar case at the time the Action on Decision was issued. Caution should be exercise d in extending the recommenda- tion of th e Action on Decision to similar cases whe re the facts are different. More- over, th e recommendation in the Action on Decisio n may be superseded by new legis- lation, regulations, rulings, cases, or Ac- tions on Decisions. Prior to 1991, the Service published acquies cence or nonacquiescence only in certain regular Tax Court opinions. The Servic e has expanded its acquiescence progra m to include other civil tax cases where g uidance is determined to be help- ful. Ac cordingly, the Service now may acquie sce or nonacquiesce in the holdings of mem orandum Tax Court opinions, as well a s those of the United States District Court s, Claims Court, and Circuit Courts of App eal. Regardless of the court decid- ing th e case, the recommendation of any Acti on on Decision will be published in the I nternal Revenue Bulletin. The r ecommendation in every Action on De cision will be summarized as ac- quie scence, acquiescence in result only, or no nacquiescence. Both “acquiescence” and “ acquiescence in result only” mean that the Servic e accepts the holding of the court in a c ase and that the Service will follow it in disposing of cases with thesamecontr olling facts. However, “ac- quiescence” i ndicates neither approval nor disapprov al of the reasons assigned by the court f or its conclusions; whereas, “acquiescen ce in result only” indicates disagreemen t or concern with some or all of those reas ons. “Nonacquiescence” sig- nifies that , although no further review was sought, the Service does not agree with the holding of the court and, generally, will not fol low the decision in disposing of cases in volving other taxpayers. In reference to an opinion of a circuit court of appeals , a “nonacquiescence” indicates that the Se rvice will not follow the hold- ingonanat ionwide basis. However, the Service w ill recognize the precedential impact of the opinion on cases arising within th e venue of the deciding circuit. Subject: Wilson v. Commissioner,705 F.3d 980 ( 9th Cir. 2013),aff’gT.C. Memo. 2010–13 4. Issues: Whether I.R.C. § 6015(e)(1) pro- vides bo th ade novostandard and ade novo scope of review in section 6015(f) cases petitio nedtotheTaxCourt. Discuss ion:Petitioner requested equitable relief under section 6015(f) from the joint and sev eral tax liabilities with her former husban d. The Internal Revenue Service is- sued a n otice of determination that denied her rel ief. Petitioner petitioned the Tax Court. Under s ection 6015(e)(1)(A), the Tax Court has jurisdiction to “determine the appro priate relief available” to an indi- vidua l who requests equitable relief under secti on 6015(f) and files a timely petition. In thi s case, the Tax Court, relying on its prior interpretation of section 6015(e)(1) inPo rter v. Commissioner, 130 T.C. 115 (200 8), andPorter v. Commissioner,132 T.C. 203 (2009), applied both ade novo standard and a d enovoscope of review to grant the taxp ayer relief.Wilson v. Com- missioner,T. C. Memo. 2010–134. The de novoscope o f review allowed petitioner to introduce e vidence outside the admin- istrative rec ord, and thede novostandard of review all owed the court to determine whether the t axpayer was entitled to relief without rega rd to the Service’s determina- tion. The cou rt observed that if it were not using th ede novostandard andde novo scope of rev iew, its findings on a number of factors w ould have been different. The Service appealed. Affirming the Tax Court, t he Ninth Circuit held that “de- termine,” a s used in section 6015(e)(1)(A), provides b oth ade novostandard and ade novoscope of review in section 6015(f) cases. The circuit court interpreted section 6015(e)(1 ) in conjunction with the man- date unde r section 6015(f) “to consider the total ity of the circumstances before making an equitable relief determination,” which the court noted would be impossible if the Tax Court limited its review to the ad- ministr ative record. The majority rejected the Serv ice’s argument that the phrase “the Secreta ry may relieve” in section 6015(f) means th at the Tax Court should review the Serv ice’s section 6015(f) determina- tions f or an abuse of discretion, limiting its rev iew to evidence in the administrative record . Althou gh the Service disagrees that sec- tion 60 15(e)(1) provides both ade novo standa rd and ade novoscope of review, the Servic e will no longer argue that the Tax Court should review section 6015(f) cases for an abuse of discretion or that the court shoul d limit its review to the administra- tive r ecord. THIS D OCUMENT IS NOT TO BE REL IEDUPONOROTHERWISE CITED AS PRECEDENT BY TAXPAY- ERS Reco mmendation:Acquiescence. 2013–25 I.R.B.June 17, 2013 Part III. Administrative, Procedural, and Miscellaneous Empowerment Zone Designation Extension Notice 2013–38 I. PURPOSE This notice explains how a State or local government amends the nomination of an empowerment zone to provide for a new termination date of December 31, 2013, as provided for by § 1391 of the Internal Revenue Code, as amended by § 753(c) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, Pub. L. No. 111–312, 124 Stat. 3296 (December 17,2010) (TRUIRJCA), and § 327(c) of the American Taxpayer Relief Act of 2012, Pub. L. 112–240, 126 Stat. 2313 (January 2, 2013) (ATRA). II. BACKGROUND In 1993, § 1391 was enacted to allow a State or local government (“entity”) to nominate an area or areas in its jurisdiction for designation as an empowerment zone. Subsequently, the Secretary of Housing and Urban Development, in the case of any nominated area that is located in an urban area, and the Secretary of Agricul- ture, in the case of any nominated area that is located in a rural area, have designated which nominated areas are empowerment zones. The entities generally provided in their nomination that the designation would remain in effect for 10 years. This 10-year period in the nomination typically ended on December 31, 2009 (the original expiration date), but in some cases, it ex- pired before December 31, 2009. In the latter cases, § 112 of the Community Re- newal Tax Relief Act of 2000, Pub. L. No. 106–554, 114 Stat. 2763A–587 (De- cember 21, 2000), amended § 1391(d)(1) to extend the designation of those empow- erment zones through December 31, 2009, regardless of the period provided in the nomination. Accordingly, the nomination for all empowerment zones originally had a termination date of December 31, 2009. Prior to the enactment of TRUIRJCA and ATRA, § 1391(d)(1) provided that any designation of an empowerment zone ends on the earliest of (A) December 31, 2009, (B) the termination date designated by the State and local governments as provided for in their nomination, or (C) the date the appropriate Secretary revokes the des- ignation. Section 1393(a)(1) defines the term “appropriate Secretary” as meaning the Secretary of Housing and Urban De- velopment in the case of any nominated area that is located in an urban area, and the Secretary of Agriculture in the case of any nominated area that is located in a ru- ral area. Section 753(a) of TRUIRJCA amended § 1391(d)(1) to allow a two-year exten- sion of the period for which the designa- tion of an empowerment zone is in effect. As amended by § 753(a) of TRUIRJCA, § 1391(d)(1) provided that any designation of an empowerment zone ends on the earli- est of (A) December 31, 2011, (B) the ter- mination date designated by the State and local governments as provided for in their nomination, or (C) the date the appropriate Secretary revokes the designation. Section 753(c) of TRUIRJCA provided that where the nomination of an empowerment zone included a termination date of December 31, 2009, § 1391(d)(1)(B) shall not ap- ply with respect to such designation if, af- ter the date of the enactment of TRUIR- JCA, the entity that made such nomination amends the nomination, in such manner as the Secretary of the Treasury may provide, to provide for a new termination date. The amendments made by § 753 of TRUIRJCA apply to periods after December 31, 2009. Section 327(a) of ATRA further amended § 1391(d)(1) to allow an addi- tional extension of two years of the period for which the designation of an empow- erment zone is in effect. As amended by § 327(a) of ATRA, § 1391(d)(1) provides that any designation of an empowerment zone ends on the earliest of (A) Decem- ber 31, 2013, (B) the termination date designated by the State and local govern- ments as provided for in their nomination, or (C) the date the appropriate Secretary revokes the designation. Section 327(c) of ATRA provides that where a nomina- tion of an empowerment zone included a termination date of December 31, 2011, § 1391(d)(1)(B) shall not apply with re- spect to such designation if, after the date of the enactment of ATRA, the entity that made such nomination amends the nomi- nation, in such manner as the Secretary of the Treasury may provide, to provide for a new termination date. The amendments made by § 327 of ATRA apply to periods after December 31, 2011. Thus, under TRUIRJCA and ATRA, to have an empowerment zone designa- tion remain in effect through December 31, 2013, the entity that made the nomination of the empowerment zone must amend the nomination to provide for a new termina- tion date of December 31, 2013, as pro- vided in this guidance. III. AMENDMENT OF A NOMINATION TO EXTEND EMPOWERMENT ZONE DESIGNATION THROUGH DECEMBER 31, 2013 Any nomination for an empowerment zone that was in effect on December 31, 2009, is deemed to be amended to pro- vide for a new termination date of Decem- ber 31, 2013, unless the nominating en- tity sends written notification to the Inter- nal Revenue Service by July 29, 2013. The written notification must affirmatively de- cline extension of the empowerment zone nomination through December 31, 2013. If the United States mail is used, the no- tification should be sent to the following address: Internal Revenue Service Attn: Winston Douglas, CC:ITA:7, Room 4136 P.O. Box 7604 Ben Franklin Station Washington, DC 20044 If a private delivery service is used, the notification should be sent to the following address: Internal Revenue Service Attn: Winston Douglas, CC:ITA:7, Room 4136 1111 Constitution Ave., NW Washington, DC 20224 If the entity that nominated an em- powerment zone does not send writ- ten notification, the nomination of that empowerment zone will be deemed extended from December 31, 2009, through December 31,2013. Accord- ingly, § 1391(d)(1)(B) does not apply and, 2013–25 I.R.B.1251June 17, 2013 pursuant to § 1391(d)(1)(A)(i), the desig- nation of that empowerment zone ends on December 31, 2013. IV. DRAFTING INFORMATION The principal author of this notice is Winston H. Douglas of the Office of Associate Chief Counsel (Income Tax & Accounting). For further information regarding this notice contact Mr. Douglas on (202) 622–4930 (not a toll-free call). Temporary Shelter for Individuals Displaced by Severe Storms and Tornadoes in Oklahoma Notice 2013–39 The Internal Revenue Service is suspending certain requirements under § 142(d) of the Internal Revenue Code for qualified residential rental projects fi- nanced with exempt facility bonds under § 142 to provide emergency housing re- lief needed as a result of the devastation caused by severe storms and tornadoes in Oklahoma that occurred between May 18, 2013, and May 27, 2013 (hereafter, the Tornadoes). This Notice provides relief for all qual- ified residential rental projects described herein. For those projects that are also low-income housing tax credit (LIHTC) projects, this Notice should be read with Notice 2013–40, I.R.B. 2013–25 (June 17, 2013), which suspends certain low-income and non-transient requirements under § 42 to allow low-income housing credit projects to provide emergency housing needed because of the Tornadoes. BACKGROUND On May 20, 2013, the President issued a major disaster declaration for the State of Oklahoma because of the devastation caused by the Tornadoes. The President issued the declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121et seq. Subsequently, the Federal Emergency Management Agency (FEMA) designated jurisdictions in Oklahoma as eligible for Individual Assistance (as FEMA uses that term). Because of the widespread damage to housing caused by the Tornadoes, the Service has determined that issuers may approve the use of qualified residential rental projects described in § 142(d) to temporarily house displaced individuals, as defined below, regardless of their in- come, in accordance with this Notice. The Service has determined that the projects to which this approval may be given can be located in any State, regardless of whether a major disaster declaration with Individ- ual Assistance has been issued for that State. Consistent with Notice 2013–40, the term “displaced individual” means, for purposes of this Notice, an individual who resided in a jurisdiction designated for Individual Assistance and who has been displaced because his or her residence was destroyed or damaged as a result of the devastation caused by the Tornadoes. SECTION 1. SUSPENSION OF INCOME LIMITATIONS The Service has determined that it is appropriate to temporarily suspend cer- tain income limitation requirements under § 142(d) that apply to qualified residential rental projects financed with tax-exempt bonds issued by a qualified issuer under § 103 (Issuer). The suspension, described in Section 3 below, is available to both qualified residential rental projects under § 142(d) that are not subject to any LI- HTC-related requirements (Bond Projects) and to qualified residential rental projects under § 142(d) that are also subject to LI- HTC-related requirements (Bond/LIHTC Projects). For purposes of this Notice, the term “Project” refers to either a Bond Project or a Bond/LIHTC Project. SECTION 2. GENERAL REQUIREMENTS .01Issuer Approval for Relief.IfanIs- suer that issued exempt facility bonds for a Project desires to allow the use of the Project to temporarily house displaced in- dividuals, the Issuer must approve that use and must determine an appropriate period for the temporary housing, not to extend beyond May 31, 2014 (Temporary Hous- ing Period). If a Bond/LIHTC Project subject to both Notice 2013–40 and this Notice receives approval, for purposes of § 42, for a temporary housing period and for the suspension of income limitations from a State housing agency (as contem- plated in Section IV(2) of Notice 2013–40) and that agency is not the Issuer, then the income limitations under § 142(d) for that Bond/LIHTC Project are suspended only if the project also receives the Is- suer’s consent for a suspension. An Issuer that chooses to provide that consent must adopt for purposes of § 142(d) the same temporary housing period that the agency adopted for purposes of § 42. .02Protection of Tenants. Existing ten- ants in a Project whose income is at or be- low an applicable income limitation under § 142(d) cannot be evicted or have their tenancy terminated as a result of efforts to provide temporary housing for displaced individuals. .03Certification and Recordkeeping Requirements. The Project operator must comply with the certification and record- keeping requirementsin Section 4 of this Notice. For certification and recordkeep- ing requirements under § 42, see Notice 2013–40. .04Rent Restrictions. To the extent such rent restrictionsare applicable, rents for the low-income units that house dis- placed individuals must not exceed the lesser of— (1) the maximum gross rent for that unit under § 142(d)(4)(B); or (2) the maximum gross rent for that unit under § 42(g)(2). .05Project Must Meet All Remaining Requirements. Except as expressly pro- vided in this Notice, a Project continues to be subject to all other rules and require- ments of § 142(d) and § 103. SECTION 3. RELIEF FROM SECTION 142 REQUIREMENTS .01Qualified Project Period.Onlya unit in a Project occupied by a non-dis- placed individual counts for purposes of determining the beginning of the quali- fied project period under § 142(d)(2)(A). Thus, only non-displaced individuals are counted for determining the 1 st day on which 10 percent of the residential units in a Project are occupied under § 142(d)(2)(A). However, occupancy of a unit by any tenant (whether a displaced in- dividual or a non-displaced individual) in a Project counts for purposes of determin- ing the end of the qualified project period under § 142(d)(2)(A)(i). If occupancy by June 17, 201312522013–25 I.R.B. a displaced individual in a Project causes any termination of assistance with respect to the Project under section 8 of the United States Housing Act of 1937, then that ter- mination is disregarded for determining when the qualified project period ends under § 142(d)(2)(A)(iii). .02Satisfaction of the Non-Transient Use Requirement. The occupancy of a unit in a Project by a displaced indi- vidual during the Temporary Housing Period is treated as satisfying the non-tran- sient use requirement applicable to qual- ified residential rental projects described in § 142(d).See§ 1.103–8(b)(4);see alsoNotice 2013–40 for suspension of the non-transient use requirement under § 42(i)(3)(B)(i). .03Income Qualification of Units in Bond Projects during Temporary Housing Period.A unit in a Bond Project occu- pied by a displaced individual during the Temporary Housing Period retains the in- come status it had immediately before that occupancy, regardless of whether the unit was a market-rate unit, a unit occupied by a tenant who met an applicable income limit, a designated low-income unit, or a never previously occupied unit.SeeRev. Proc. 2004–39, 2004–2 C.B. 49 (treat- ing never previouslyoccupied units as un- available). This means, for example, that if a unit in a Bond Project had been desig- nated as a low-income unit or rented to an individual whose income was at or below an applicable income limit or was a mar- ket-rate unit or an unavailable unit, then the unit remains as such while occupied by a displaced individual during the Tempo- rary Housing Period regardless of the oc- cupancy by, or income of, the displaced individual. Thus, the fact that a unit be- comes occupied by a displaced individual does not affect compliance with the 20–50 test or 40–60 test of § 142(d)(1)(A) and (B) (or the 25–60 test under the special rule in § 142(d)(6)). Under § 142(d)(3)(B), if the income of a low-income resident of a Project rises above a specified percentage of the ap- plicable income limit, then, for that resi- dent’s income to continue to be treated as not exceeding the applicable income limit, the next residential unit meeting certain criteria to become available in the same Project must be occupied by a new res- ident whose income does not exceed the applicable income limit (the next avail- able unit rule). For purposes of deter- mining compliance with the next available unit rule, an operator of a Bond Project may disregard the new occupancy of units during the Temporary Housing Period by displaced individuals, and apply the rule solelybasedonnewoccupancybypersons who are not displaced individuals. The op- erator may, however, take into account a displaced individual’s occupancy for pur- poses of § 142(d)(3)(B) if the operator ob- tains sufficient evidence that the displaced individual’s income does not exceed the applicable income limit. .04Income Qualifications of Units in Bond/LIHTC Projects During the Tempo- rary Housing Period. The income status of a unit and the income qualification of the occupant of a unit for purposes of § 142(d) in a Bond/LIHTC Project occupied by a displaced individual during the Temporary Housing Period shall be treated the same as they are for purposes of § 42 under No- tice 2013–40. For purposes of determin- ing compliance with the next available unit rule, an operator of a Bond/LIHTC Project may disregard the new occupancy of units during the Temporary Housing Period by displaced individuals, and apply the rule solelybasedonnewoccupancybypersons who are not displaced individuals. The op- erator may, however, take into account a displaced individual’s occupancy for pur- poses of § 142(d)(3)(B) if the operator ob- tains sufficient evidence that the displaced individual’s income does not exceed the applicable income limit. .05Income Qualifications when Tempo- raryHousingPeriodEnds.Aftertheend of the Temporary Housing Period, the sta- tus as a displaced individual of an occu- pantremaininginaunitinaProjectwill be disregarded and the status of the unit oc- cupied by such individual and the income of such individual will be re-evaluated as though the formerly displaced individual commenced occupancy of the unit on the day immediately following the end of the Temporary Housing Period. Thus, if the displaced individualremains in the unit, the unit will be treated as occupied for all purposes of § 142(d) and the income of the displaced individual will be used for deter- mining compliance with the requirements of § 142(d). If non-compliance relates to continued occupancy of the unit after the Temporary Housing Period by an occupant who was a displaced individual during the Temporary Housing Period, a 60-day pe- riod is allowed for correction. SECTION 4. CERTIFICATIONS AND RECORDKEEPING In addition to any information and cer- tifications required by § 142(d)(7), Project operators must maintain and certify certain information concerning each displaced in- dividual temporarily housed in the Project. The records must contain the following in- formation: the name of the displaced in- dividual, the address of the damaged resi- dence of the displaced individual, the dis- placed individual’s social security number, and a statement signed under penalties of perjury by the displaced individual that, because of damage to the individual’s resi- dence in a jurisdiction designated for Indi- vidual Assistance by FEMA as a result of the devastation caused by the Tornadoes, the individual requires temporary housing. In addition, the Project operator must keep accurate records of the Issuer’s approval of the Project’s use for displaced individuals and the approved Temporary Housing Pe- riod and the dates during which displaced individuals occupied units in the Projects. The recordkeeping described under this paragraph must be included as part of the books and records of the Project opera- tor and also must be maintained in a man- ner that is consistent with any compliance monitoring process imposed by § 142(d). SECTION 5. EFFECTIVE DATE This Notice is effective May 20, 2013. SECTION 6. PAPERWORK REDUCTION ACT The collection of information contained in this Notice has been reviewed and ap- proved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545–2244. A Federal agency may not conduct or sponsor, and a person is not required to re- spond to, a collection of information un- less the collection of information displays a valid OMB control number. The collection of information in this Notice is in the section entitled “Section 4: CERTIFICATIONS AND RECORD- KEEPING.” This information is required 2013–25 I.R.B.1253June 17, 2013 to enable the Serviceto verify whether in- dividuals are displaced as a result of the devastation caused by the Tornadoes and thus warrant temporary housing in vacant units in certain Projects. The collection of information is required to obtain a benefit. The likely respondents are individuals and businesses. The estimated total annual recordkeep- ingburdenis25hours. The estimated annual burden per recordkeeper is approximately 30 minutes. The estimated numberof recordkeepers is 50. Books or records relating to a collection of information must be retained as long as their contents may become material to the administration of the internal revenue law. Generally, tax returns and tax return information are confidential, as required by section 6103. SECTION 7. DRAFTING INFORMATION The principal authors of this notice are Timothy L. Jones and Spence Hanemann of the Office of Associate Chief Counsel (Financial Institutions & Products). For further information regarding this notice, contact Mr. Hanemann at (202) 622–3980 (not a toll-free call). Low-Income Housing Credit Disaster Relief for Oklahoma Severe Storms and Tornadoes Notice 2013–40 The Internal Revenue Service is sus- pending certain requirements under § 42 of the Internal Revenue Code for low-in- come housing credit projects to provide emergency housing relief needed as a re- sult of the devastation caused by severe storms and tornadoes in the State of Ok- lahoma that occurred between May 18, 2013, and May 27, 2013 (hereafter, the Tornadoes). This relief is being granted pursuant to the Service’s authority under § 42(n) and § 1.42–13(a) of the Income Tax Regulations. This notice should be read with Notice 2013–39, I.R.B. 2013–25 (June 17, 2013), which suspends certain requirements under § 142(d) for qualified residential rental projects financed with exempt facility bonds under § 142 to pro- vide emergency housing relief due to the Tornadoes. BACKGROUND On May 20, 2013, the President is- sued a major disaster declaration for the State of Oklahoma because of the dev- astation caused by the Tornadoes. The President issued the declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121et seq. Subsequently, the Federal Emergency Management Agency (FEMA) designated jurisdictions for Individual Assistance. Because of the damage to housing caused by the Tornadoes, the Service has determined that state housing agencies (Agencies) may provide approval to project owners in their respective states to provide temporary emergency housing for displaced individuals in accordance with this notice. For purposes of this notice, the term “displaced individual” means an individual who resided in a jurisdiction designated for Individual Assistance and who has been displaced because his or her residence was destroyed or damaged as a result of the Tornadoes. The Service has also determined that the projects to which this approval may be given may be located in any state, regardless of whether a major disaster declaration with Individual Assistance has been issued for that state. I. SUSPENSION OF INCOME LIMITATIONS The Service has determined that it is appropriate to temporarily suspend certain income limitation requirements under § 42 for certain qualified low-income housing projects. The suspension will apply to low-income housing projects which are approved by the Agency with jurisdiction over the project (theapplicable Agency) and in which vacant units are rented to displaced individuals. The applicable Agency will determine the appropriate pe- riod of temporary housing for each project, not to extend beyond May 31, 2014 (tem- porary housing period). II.STATUSOFUNITS A. Units in the first year of the credit period A displaced individual temporarily occupying a unit during the first year of the credit period under § 42(f)(1) will be deemed a qualified low-income tenant forpurposesofdetermining the project’s qualified basis under§ 42(c)(1), and for meeting the project’s 20–50 test or 40–60 test as elected by the project owner under § 42(g)(1). After the end of the temporary housing period established by the applica- ble Agency, a displaced individual will no longer be deemed a qualified low-income tenant. B. Vacant units after the first year of the credit period During the temporary housing period established by the applicable Agency, the status of a vacant unit (that is, mar- ket-rate or low-income for purposes of § 42 or never previously occupied) af- ter the first year of the credit period that becomes temporarily occupied by a dis- placed individual remains the same as the unit’s status before the displaced in- dividual moves in. Displaced individuals temporarily occupying vacant units will not be treated as low-income tenants un- der § 42(i)(3)(A)(ii). However, even if it houses a displaced individual, a low-in- come or market rate unit that was vacant beforetheeffectivedateofthisnoticewill continue to be treated as a vacant low-in- come or market rate unit. Similarly, a unit that was never previously occupied beforetheeffectivedateofthisnoticewill continue to be treated as a unit that has never been previously occupied even if it houses a displaced individual. Thus, the fact that a vacant unit becomes oc- cupied by a displaced individual will not affect the building’s applicable fraction under § 42(c)(1)(B) for purposes of de- termining the building’s qualified basis, nor will it affect the 20–50 test or 40–60 test of § 42(g)(1). If the income of oc- cupants in low-income units exceeds 140 percent of the applicable income limita- tion, the temporary occupancy of a unit by a displaced individual will not cause application of the available unit rule under § 42(g)(2)(D)(ii). In addition, the project June 17, 201312542013–25 I.R.B. owner is not required during the temporary housing period to make attempts to rent to low-income individuals the low-income units that house displaced individuals. III. SUSPENSION OF NON-TRANSIENT REQUIREMENTS The non-transient use requirement of § 42(i)(3)(B)(i) shall not apply to any unit providing temporary housing to a displaced individualduring the temporary housing period determined by the applica- ble Agency. IV. OTHER REQUIREMENTS All other rules and requirements of § 42 will continue to apply during the temporary housing period established by the applicable Agency. After the end of the temporary housing period, the ap- plicable income limitations contained in § 42(g)(1), the available unit rule un- der § 42(g)(2)(D)(ii), the nontransient requirement of § 42(i)(3)(B)(i), and the requirement to make reasonable attempts to rent vacant units to low-income individ- uals shall resume. If a project owner offers to rent a unit to a displaced individual after the end of the temporary housing period, the displaced individual must be certified under the requirements of § 42(i)(3)(A)(ii) and § 1.42–5(b) and (c) to be a qualified low-income tenant. To qualify for the re- lief in this notice, the project owner must additionally meet all of the following re- quirements: (1) Major Disaster Area In the case of an individual displaced by the Tornadoes, the displaced individual must have resided in a jurisdiction desig- nated for Individual Assistance by FEMA as a result of the devastation caused by the Tornadoes. (2) Agency Approval The project owner must obtain approval from the applicable Agency for the relief described in this notice. The applicable Agency will determine the appropriate pe- riod of temporary housing for each project, not to extend beyond May 31, 2014. (3) Certificationsand Recordkeeping To comply with the requirements of § 1.42–5, project owners are required to maintain and certify certain information concerning each displaced individual tem- porarily housed in the project, specifically the following: name, address of damaged residence, social security number, and a statement signed under penalties of perjury by the displaced individual that, because of damage to the individual’s residence in a jurisdiction designated for Individual Assistance by FEMA as a result of the Tornadoes, the individual requires tempo- rary housing. The owner must notify the applicable Agency that vacant units are available for rent to displaced individuals. The owner must also certify the date the displaced individual began temporary oc- cupancy and the date the project will dis- continue providing temporary housing as established by the applicable Agency. The certifications and recordkeeping for dis- placed individuals must be maintained as part of the annual compliance monitoring process with the Agency. (4) Rent Restrictions Rents for the low-income units that house displaced individuals must not ex- ceed the existing rent-restricted rates for the low-income units established under § 42(g)(2). (5) Protection of Existing Tenants Existing tenants inoccupied low-in- come units cannot be evicted or have their tenancy terminated as a result of efforts to provide temporary housing for displaced individuals. EFFECTIVE DATES This notice is effective May 20, 2013. PAPERWORK REDUCTION ACT The collection of information contained in this notice has been reviewed and ap- proved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545–2244. A Federal agency may not conduct or sponsor, and a person is not required to re- spond to, a collection of information un- less the collection of information displays a valid OMB control number. The collection of information in this notice is in the section titled “OTHER RE- QUIREMENTS” under “(3) Certifications and Recordkeeping.” This information is requiredtoenabletheServicetoverify whether individuals are displaced as a result of the Tornadoes and thus warrant temporary housing in vacant low-income housing units. The collection of informa- tion is required to obtain a benefit. The likely respondents are individuals and businesses. The estimated total annual recordkeep- ing burden is 300 hours. The estimated annual burden per recordkeeper is approximately 15 minutes. The estimated number of recordkeepers is 1200. Books or records relating to a collection of information must be retained as long as their contents may become material to the administration of the internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. DRAFTING INFORMATION The principal author of this notice is David Selig of the Office of Associate Chief Counsel (Passthroughs & Special Industries). For further information regarding this notice, contact Mr. Selig at (202) 622–3040 (not a toll-free call). 2013–25 I.R.B.1255June 17, 2013 Part IV. Items o fGeneralInterest Foundation St atus of Certain Organization s Announcement 2013–18 The following organizations have failed to establish o r have been unable to main- tain their st atus as public charities or as op- erating foun dations. Accordingly, grantors and contribu tors may not, after this date, rely on previ ous rulings or designations in the Cumul ative List of Organizations (Publicati on 78), or on the presumption arising fro m the filing of notices under sec- tion 508(b) of the Code. This listing does notindicate t hat the organizations have lost their status a s organizations described in section 501(c )(3), eligible to receive de- ductible cont ributions. Former Public Charities. The follow- ing organizat ions (which have been treated as organizati ons that are not private foun- dations desc ribed in section 509(a) of the Code) are now classified as private foun- dations: Shurush Los A ngeles, CA If an organi zation listed above submits informatio n that warrants the renewal of its classific ation as a public charity or as a private oper ating foundation, the Inter- nal Revenue Se rvicewillissuearulingor determinatio nletterwiththerevisedclas- sification as to foundation status. Grantors and contribu tors may thereafter rely upon such ruling o r determination letter as pro- vided in sect ion 1.509(a)–7 of the Income Tax Regulati ons. It is not the practice of the Service to announce such revised clas- sification of foundation status in the Inter- nal Revenue Bulletin. June 17, 201312562013–25 I.R.B. Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the ef- fect: Amplifieddescribes a situation where no change is being made in a prior pub- lished position, but the prior position is be- ingextendedtoapplytoavariationofthe fact situation set forth therein. Thus, if an earlier ruling held that a principle ap- plied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare withmodi- fied,below). Clarifiedis used in those instances where the language in a prior ruling is be- ing made clear because the language has caused, or may cause, some confusion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously pub- lished ruling and points out an essential difference between them. Modifiedis used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare withamplifiedandclarified, above). Obsoleteddescribes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rul- ings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revokeddescribes situations where the position in the previously published ruling is not correct and the correct position is beingstatedinanewruling. Supersededdescribes a situation where the new ruling does nothing more than re- state the substance and situation of a previ- ously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same po- sition published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single rul- ing a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new rul- ing does more than restate the substance of a prior ruling, a combination of terms is used. For example,modifiedandsu- persededdescribes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously pub- lished ruling is first modified and then, as modified, is superseded. Supplementedis used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original rul- ing has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the ad- ditions, and supersedes all prior rulings in the series. Suspendedis used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The fol lowing abbreviations in current use and for merly used will appear in material publis hedintheBulletin. A—Individual. Acq.—A cquiescence. B—Individual. BE—Beneficiary. BK—Bank . B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cu mulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Coo perative. Ct.D.—Court Decision. CY—County. D—Decede nt. DC—Dummy Corporation. DE—Donee. Del. Order —Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Emp loyer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduc iary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Fo reign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Fed eral Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grante e. GP—General Partner. GR—Grantor. IC—Insura nce Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—No nacquiescence. O—Organization. P—Parent Corporation. PHC—Persona l Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Pa rtnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Re al Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsi diary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Trans feree. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpay er. TR—Trust. TT—Trustee. U.S.C.—Uni ted States Code. X—Corporation. Y—Corporation. Z—Corporat ion. 2013–25 I.R.B.iJune 17, 2013 Numerical Finding List 1 Bulletins 2013–1 through 2013–25 Announcements: 2013-1, 2013-1 I.R.B.251 2013-2, 2013-2 I.R.B.271 2013-3, 2013-2 I.R.B.271 2013-4, 2013-4 I.R.B.440 2013-5, 2013-3 I.R.B.306 2013-6, 2013-3 I.R.B.307 2013-7, 2013-3 I.R.B.308 2013-8, 2013-4 I.R.B.440 2013-9, 2013-4 I.R.B.441 2013-10, 2013-3 I.R.B.311 2013-11, 2013-6 I.R.B.483 2013-12, 2013-11 I.R.B.651 2013-13, 2013-9 I.R.B.532 2013-14, 2013-11 I.R.B.651 2013-15, 2013-11 I.R.B.652 2013-16, 2013-14 I.R.B.738 2013-17, 2013-16 I.R.B.911 2013-18, 2013-25 I.R.B.1256 2013-19, 2013-14 I.R.B.760 2013-20, 2013-14 I.R.B.761 2013-21, 2013-17 I.R.B.980 2013-22, 2013-17 I.R.B.981 2013-23, 2013-16 I.R.B.940 2013-24, 2013-24 I.R.B.1249 2013-25, 2013-24 I.R.B.1249 2013-26, 2013-16 I.R.B.940 2013-27, 2013-17 I.R.B.981 2013-28, 2013-17 I.R.B.982 2013-29, 2013-18 I.R.B.1024 2013-30, 2013-21 I.R.B.1134 2013-31, 2013-21 I.R.B.1135 2013-32, 2013-22 I.R.B.1192 2013-33, 2013-20 I.R.B.1098 2013-34, 2013-23 I.R.B.1207 Notices: 2013-1, 2013-3 I.R.B.281 2013-2, 2013-6 I.R.B.473 2013-3, 2013-7 I.R.B.484 2013-4, 2013-9 I.R.B.527 2013-5, 2013-9 I.R.B.529 2013-6, 2013-10 I.R.B.540 2013-7, 2013-6 I.R.B.477 2013-8, 2013-7 I.R.B.486 2013-9, 2013-9 I.R.B.529 2013-10, 2013-8 I.R.B.503 2013-11, 2013-11 I.R.B.610 2013-12, 2013-10 I.R.B.543 2013-13, 2013-12 I.R.B.659 2013-14, 2013-13 I.R.B.712 2013-15, 2013-14 I.R.B.739 Notices— Continued: 2013-16, 2013-14 I.R.B.740 2013-17, 2013-20 I.R.B.1082 2013-18, 2013-14 I.R.B.742 2013-19, 2013-14 I.R.B.743 2013-20, 2013-15 I.R.B.902 2013-21, 2013-15 I.R.B.903 2013-22, 2013-15 I.R.B.904 2013-23, 2013-16 I.R.B.906 2013-24, 2013-16 I.R.B.909 2013-25, 2013-17 I.R.B.978 2013-26, 2013-18 I.R.B.984 2013-27, 2013-18 I.R.B.985 2013-28, 2013-19 I.R.B.1039 2013-29, 2013-20 I.R.B.1085 2013-30, 2013-21 I.R.B.1099 2013-31, 2013-21 I.R.B.1099 2013-32, 2013-22 I.R.B.1137 2013-33, 2013-22 I.R.B.1140 2013-34, 2013-23 I.R.B.1198 2013-35, 2013-24 I.R.B.1240 2013-36, 2013-24 I.R.B.1242 2013-38, 2013-25 I.R.B.1251 2013-39, 2013-25 I.R.B.1252 2013-40, 2013-25 I.R.B.1254 Proposed Regulations: REG-160873-04, 2013-20 I.R.B.1089 REG-155929-06, 2013-11 I.R.B.650 REG-106918-08, 2013-13 I.R.B.714 REG-141066-09, 2013-3 I.R.B.289 REG-148873-09, 2013-7 I.R.B.494 REG-102966-10, 2013-10 I.R.B.579 REG-120391-10, 2013-18 I.R.B.1005 REG-132702-10, 2013-19 I.R.B.1042 REG-140649-11, 2013-12 I.R.B.666 REG-106499-12, 2013-21 I.R.B.1111 REG-106796-12, 2013-22 I.R.B.1164 REG-118315-12, 2013-14 I.R.B.746 REG-122706-12, 2013-19 I.R.B.1043 REG-122707-12, 2013-5 I.R.B.450 REG-125398-12, 2013-23 I.R.B.1199 REG-126633-12, 2013-24 I.R.B.1245 REG-148500-12, 2013-13 I.R.B.716 REG-154563-12, 2013-20 I.R.B.1097 Revenue Procedures: 2013-1, 2013-1 I.R.B.1 2013-2, 2013-1 I.R.B.92 2013-3, 2013-1 I.R.B.113 2013-4, 2013-1 I.R.B.126 2013-5, 2013-1 I.R.B.170 2013-6, 2013-1 I.R.B.198 2013-7, 2013-1 I.R.B.233 2013-8, 2013-1 I.R.B.237 2013-9, 2013-2 I.R.B.255 Revenue Procedures— Continued: 2013-10, 2013-2 I.R.B.267 2013-11, 2013-2 I.R.B.269 2013-12, 2013-4 I.R.B.313 2013-13, 2013-6 I.R.B.478 2013-14, 2013-3 I.R.B.283 2013-15, 2013-5 I.R.B.444 2013-16, 2013-7 I.R.B.488 2013-17, 2013-11 I.R.B.612 2013-18, 2013-8 I.R.B.503 2013-19, 2013-11 I.R.B.648 2013-20, 2013-14 I.R.B.744 2013-21, 2013-12 I.R.B.660 2013-22, 2013-18 I.R.B.985 2013-23, 2013-17 I.R.B.978 2013-24, 2013-22 I.R.B.1142 2013-25, 2013-21 I.R.B.1110 2013-26, 2013-22 I.R.B.1160 2013-27, 2013-24 I.R.B.1243 Revenue Rulings: 2013-1, 2013-2 I.R.B.252 2013-2, 2013-10 I.R.B.533 2013-3, 2013-8 I.R.B.500 2013-4, 2013-9 I.R.B.520 2013-5, 2013-9 I.R.B.525 2013-6, 2013-13 I.R.B.701 2013-7, 2013-11 I.R.B.608 2013-8, 2013-15 I.R.B.763 2013-9, 2013-15 I.R.B.764 2013-11, 2013-20 I.R.B.1059 2013-12, 2013-24 I.R.B.1237 Tax Conventions: 2013-16, 2013-14 I.R.B.738 Treasury Decisions: 9601, 2013-10 I.R.B.535 9603, 2013-3 I.R.B.273 9605, 2013-11 I.R.B.587 9606, 2013-11 I.R.B.586 9607, 2013-6 I.R.B.469 9608, 2013-3 I.R.B.274 9609, 2013-12 I.R.B.655 9610, 2013-15 I.R.B.765 9611, 2013-13 I.R.B.699 9612, 2013-13 I.R.B.678 9613, 2013-15 I.R.B.900 9614, 2013-17 I.R.B.947 9615, 2013-19 I.R.B.1026 9616, 2013-20 I.R.B.1061 9617, 2013-23 I.R.B.1195 9618, 2013-23 I.R.B.1194 9619, 2013-24 I.R.B.1212 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2012–27 through 2012–52 is in Internal Revenue Bulletin 2012–52, dated December 27, 2012. June 17, 2013ii2013–25 I.R.B. Finding List of Current Actions on Previously Published Items 1 Bulletins 2013–1 through 2013–25 Announcements: 2012-42 Obsoleted by T.D. 9610, 2013-15 I.R.B.765 2013-12 Supplemented by Ann. 2013-22, 2013-17 I.R.B.981 Notices: 87-64 Obsoleted by T.D. 9614, 2013-17 I.R.B.947 2000-45 Modified and superseded by Notice 2013-18, 2013-14 I.R.B.742 2006-87 Superseded by Notice 2013-31, 2013-21 I.R.B.1099 2007-25 Superseded by Notice 2013-31, 2013-21 I.R.B.1099 2007-77 Superseded by Notice 2013-31, 2013-21 I.R.B.1099 2008-10 Obsoleted by T.D. 9615, 2013-19 I.R.B.1026 2008-107 Superseded by Notice 2013-31, 2013-21 I.R.B.1099 2010-8 Obsoleted by T.D. 9618, 2013-23 I.R.B.1194 2010-27 Superseded by Notice 2013-31, 2013-21 I.R.B.1099 2010-60 Obsoleted by T.D. 9610, 2013-15 I.R.B.765 2011-8 Superseded by Notice 2013-31, 2013-21 I.R.B.1099 2011-14 Amplified and supplemented by Notice 2013-7, 2013-6 I.R.B.477 Notices— Continued: 2011-34 Obsoleted by T.D. 9610, 2013-15 I.R.B.765 2011-38 Obsoleted by REG-148873-09, 2013-7 I.R.B.494 2011-53 Obsoleted by T.D. 9610, 2013-15 I.R.B.765 2012-19 Superseded by Notice 2013-31, 2013-21 I.R.B.1099 2012-60 Superseded by Notice 2013-1, 2013-3 I.R.B.281 2013-1 Superseded by Notice 2013-36, 2013-24 I.R.B.1242 Modified and superseded by Notice 2013-16, 2013-14 I.R.B.740 2013-16 Modified and superseded by Notice 2013-36, 2013-24 I.R.B.1242 Proposed Regulations: REG-140668-07 Corrected by Ann. 2013-6, 2013-3 I.R.B.307 Revenue Procedures: 87-57 Modified by Rev. Proc. 2013-13, 2013-6 I.R.B.478 2004-66 Modified and superseded by Rev. Proc. 2013-11, 2013-2 I.R.B.269 2008-35 Modified and superseded by Rev. Proc. 2013-14, 2013-3 I.R.B.283 2008-50 Modified and superseded by Rev. Proc. 2013-12, 2013-4 I.R.B.313 2011-14 Modified by Rev. Proc. 2013-26, 2013-22 I.R.B.1160 Rev. Proc. 2013-24, 2013-22 I.R.B.1142 Rev. Proc. 2013-20, 2013-14 I.R.B.744 2011-49 Modified by Rev. Proc. 2013-6, 2013-1 I.R.B.198 Revenue Procedures— Continued: 2011-52 Modified and partly superseded by Rev. Proc. 2013-15, 2013-5 I.R.B.444 2011-55 Amplified and supplemented by Notice 2013-7, 2013-6 I.R.B.477 2011-61 Superseded by Rev. Proc. 2013-17, 2013-11 I.R.B.612 2011-62 Superseded by Rev. Proc. 2013-18, 2013-8 I.R.B.503 2012-1 Superseded by Rev. Proc. 2013-1, 2013-1 I.R.B.1 2012-2 Superseded by Rev. Proc. 2013-2, 2013-1 I.R.B.92 2012-3 Superseded by Rev. Proc. 2013-3, 2013-1 I.R.B.113 2012-4 Superseded by Rev. Proc. 2013-4, 2013-1 I.R.B.126 2012-5 Superseded by Rev. Proc. 2013-5, 2013-1 I.R.B.170 2012-6 Superseded by Rev. Proc. 2013-6, 2013-1 I.R.B.198 2012-7 Superseded by Rev. Proc. 2013-7, 2013-1 I.R.B.233 2012-8 Superseded by Rev. Proc. 2013-8, 2013-1 I.R.B.237 2012-9 Superseded by Rev. Proc. 2013-9, 2013-2 I.R.B.255 2012-10 Superseded by Rev. Proc. 2013-10, 2013-2 I.R.B.267 2012-16 Obsoleted by Rev. Proc. 2013-27, 2013-24 I.R.B.1243 2012-30 Corrected and clarified by Ann. 2013-3, 2013-2 I.R.B.271 Updated by Ann. 2013-10, 2013-3 I.R.B.311 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2012–27 through 2012–52 is in Internal Revenue Bulletin 2012–52, dated December 27, 2012. 2013–25 I.R.B.iiiJune 17, 2013 Revenue Procedures— Continued: 2012-46 Corrected by Ann. 2013-11, 2013-6 I.R.B.483 2013-1 Corrected by Ann. 2013-9, 2013-4 I.R.B.441 2013-4 Modified by Rev. Proc. 2013-22, 2013-18 I.R.B.985 2013-6 Revised by Ann. 2013-15, 2013-11 I.R.B.652 Corrected by Ann. 2013-13, 2013-9 I.R.B.532 2013-8 Modified by Rev. Proc. 2013-22, 2013-18 I.R.B.985 2013-14 Modified by Rev. Proc. 2013-19, 2013-11 I.R.B.648 Revenue Rulings: 92-19 Supplemented in part by Rev. Rul. 2013-4, 2013-9 I.R.B.520 Treasury Decisions: 9564 Corrected by Ann. 2013-4, 2013-4 I.R.B.440 Amended by Ann. 2013-7, 2013-3 I.R.B.308 9604 Corrected by Ann. 2013-19, 2013-14 I.R.B.760 June 17, 2013iv2013–25 I.R.B. Internal Revenue Service W ashington,DC20224 Official Business Penalty for Private Use, $300 INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletins are available atwww.irs.gov/irb/. CUMULATIVE BULLETINS The contents of the weekly Bulletins were consolidated semiannually into permanent, indexed, Cumulative Bulletins through the 2008–2 edition. INTERNAL REVENUE BULLETINS ON CD-ROM Internal Revenue Bulletins are available annually as partof Publication 1796 (Tax Products CD-ROM). The CD-ROM can be purchased from National Technical Information Service (NTIS)on the Internet atwww.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. WE WELCOME COMMENTS ABOUT THE INTERNAL REVENUE BUL LETIN If you have c omments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be ple ased to hear from you. You can email us your suggestionsor comments through the IRS Internet Home Page (www.irs.gov) or write to the IRS Bulletin Unit, SE:W:CAR:MP:P:SPA, Washington, DC 20224.
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