Internal Revenue Bulletin 2004-43 (PDF rendition): IRS Revenue Procedures

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Bulletin No. 200
4-43
October 25, 2004
HIGHLIGHTS
OF THIS ISSUE
These synopses are intended only as aids to the reader in
identifying the subject matter covered. They may not be
relied upon as authoritative interpretations.
SPECIAL ANNOUNCEMENT
Announcement 2004–84, page 712.
The Seventeenth Annual Institute on Current Issues in Interna-
tional Taxation, jointly sponsored by the Internal Revenue Ser-
vice and The George Washington University Law School, will be
held on December 9 and 10, 2004, at the J. W. Marriott Hotel
in Washington, DC.
INCOME TAX
T.D. 9161, page 704.
Final regulations under section 6038A of the Code amend ex-
isting regulations to provide that a Form 5472 that is timely
filed electronically is treated as satisfying the requirement of
timely filing a duplicate Form 5472 with the Internal Revenue
Service Center in Philadelphia, Pennsylvania. The regulations
affect corporations subject to the reporting requirements in
sections 6038A and 6038C that file Form 5472 electronically.
Rev. Proc. 2004–61, page 707.
This procedure allocates the national limitation of $400 mil-
lion for year 2004 for Qualified Zone Academy Bonds (QZABs)
among the states (“states” includes the District of Columbia
and possessions of the U.S. (American Samoa, Northern Mar-
ianas, Puerto Rico, Guam, and the Virgin Islands)). The pro-
cedure implements the amendments to section 1397E(e)(1) of
the Code made by section 304 of the Working Families Tax Re-
lief Act of 2004, which extended the authority to issue QZABs
in the amount of $400 million each for years 2004 and 2005.
EMPLOYEE PLANS
Notice 2004–69, page 706.
Weighted average interest rate update; corporate bond
indices; 30-year Treasury securities.The weighted aver-
age interest rate for October 2004 and the resulting permis-
sible range of interest rates used to calculate current liability
and to determine the required contribution are set forth.
EXEMPT ORGANIZATIONS
Announcement 2004–85, page 712.
A list is provided of organizations now classified as private foun-
dations.
ADMINIST
RATIVE
REG–1381
76–02, page 710.
Proposed
regulations under section 7502 of the Code amend
regulati
ons section 301.7502–1 to provide that, other than di-
rect pro
of of actual delivery, a registered or certified mail re-
ceipt is
the onlyprima facieevidence of delivery of documents
that hav
e a filing deadline prescribed by the internal revenue
laws. Th
eregulationsarenecessarytoprovidegreatercer-
tainty o
n this issue and to provide specific guidance. The regu-
lation
s affect taxpayers who mail federal tax documents to the
Intern
al Revenue Service or the United States Tax Court.
(Continued on the next page)
Finding Lists begin on page ii.
Index for July through October begins on page v.

Notice 2004–68, page 706.
This notice announces that the IRS and Treasury will amend
regulations section 301.7701–2(b)(8) to include certain foreign
entities on the list of entities always treated as corporations
under section 7701 of the Code.
Rev. Proc. 2004–61, page 707.
This procedure allocates the national limitation of $400 mil-
lion for year 2004 for Qualified Zone Academy Bonds (QZABs)
among the states (“states” includes the District of Columbia
and possessions of the U.S. (American Samoa, Northern Mar-
ianas, Puerto Rico, Guam, and the Virgin Islands)). The pro-
cedure implements the amendments to section 1397E(e)(1) of
the Code made by section 304 of the Working Families Tax Re-
lief Act of 2004, which extended the authority to issue QZABs
in the amount of $400 million each for years 2004 and 2005.
Announcement 2004–83, page 712.
Recently passed legislation has restored the filing requirement
for Forms 8851,Summary of Archer MSAs, for tax year 2004.
This announcement details changes to Revenue Procedure
2001–31, which details the format and filing requirements for
filing Form 8851, electronically or magnetically.
October 25, 20042004–43 I.R.B.

The IRS Mission
Provide America’s taxpayers top quality service by helping
them understand and meet their tax responsibilities and by
applying the tax law with integrity and fairness to all.
Introduction
The Internal Revenue Bulletin is the authoritative instrument of
the Commissioner of Internal Revenue for announcing official
rulings and procedures of the Internal Revenue Service and for
publishing Treasury Decisions, Executive Orders, Tax Conven-
tions, legislation, court decisions, and other items of general
interest. It is published weekly and may be obtained from the
Superintendent of Documents on a subscription basis. Bulletin
contents are compiled semiannually into Cumulative Bulletins,
which are sold on a single-copy basis.
It is the policy of the Service to publish in the Bulletin all sub-
stantive rulings necessary to promote a uniform application of
the tax laws, including all rulings that supersede, revoke, mod-
ify, or amend any of those previously published in the Bulletin.
All published rulings apply retroactively unless otherwise indi-
cated. Procedures relating solely to matters of internal man-
agement are not published; however, statements of internal
practices and procedures that affect the rights and duties of
taxpayers are published.
Revenue rulings represent the conclusions of the Service on the
application of the law to the pivotal facts stated in the revenue
ruling. In those based on positions taken in rulings to taxpayers
or technical advice to Service field offices, identifying details
and information of a confidential nature are deleted to prevent
unwarranted invasions of privacy and to comply with statutory
requirements.
Rulings and procedures reported in the Bulletin do not have the
force and effect of Treasury Department Regulations, but they
may be used as precedents. Unpublished rulings will not be
relied on, used, or cited as precedents by Service personnel in
the disposition of other cases. In applying published rulings and
procedures, the effect of subsequent legislation, regulations,
court decisions, rulings, and procedures must be considered,
and Service personnel and others concerned are cautioned
against reaching the same conclusions in other cases unless
the facts and circumstances are substantially the same.
The Bulletin is divided into four parts as follows:
Part I.—19
86 Code.
This part i
ncludes rulings and decisions based on provisions of
the Intern
al Revenue Code of 1986.
Part II.—Treaties and Tax Legislation.
This part is divided into two subparts as follows: Subpart A,
Tax Conventions and Other Related Items, and Subpart B, Leg-
islation and Related Committee Reports.
Part III.—Administrative, Procedural, and Miscellaneous.
To the extent practicable, pertinent cross references to these
subjects are contained in the other Parts and Subparts. Also
included in this part are Bank Secrecy Act Administrative Rul-
ings. Bank Secrecy Act Administrative Rulings are issued by
the Department of the Treasury’s Office of the Assistant Sec-
retary (Enforcement).
Part IV
.—Items of General Interest.
This par
t includes notices of proposed rulemakings, disbar-
ment an
d suspension lists, and announcements.
The last Bulletin for each month includes a cumulative index
for the matters published during the preceding months. These
monthly indexes are cumulated on a semiannual basis, and are
published in the last Bulletin of each semiannual period.
The c
ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.
For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402.
2004–43 I.R.B.October 25, 2004

Part I. Rulings and Decisions Under the Internal Revenue Code
of 1986
Section 1397E.—Credit to
Holders of Qualified Zone
Academy Bonds
What is the allocation for each state, the District of
Columbia, and each possession of the United States
of the national limitation for Qualified Zone Acad-
emy Bonds for calendar year 2004? See Rev. Proc.
2004-61, page 707.
Section 6038A.—Infor-
mation With Respect to
Certain Foreign-Owned
Corporations
26 CFR 1.6038A–1: General requirements and defi-
nitions.
T.D. 9161
DEPARTMENT OF
THE TREASURY
Internal Revenue Service
26 CFR Part 1
Electronic Filing of Duplicate
Forms 5472
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Final regulation and removal of
temporary regulation.
SUMMARY: This document contains a fi-
nal regulation providing that a Form 5472
that is timely filed electronically is treated
as satisfying the requirement timely to file
a duplicate Form 5472 with the Internal
Revenue Service Center in Philadelphia,
Pennsylvania. This action is necessary to
clarify how the duplicate filing require-
ments for Form 5472 apply when a re-
porting corporation electronically files its
income tax return (including any attach-
ments such as Form 5472). This document
affects corporations subject to the report-
ing requirements in sections 6038A and
6038C that file Form 5472 electronically.
DATES:Effective Date:This regulation is
effective on September 15, 2004.
Applicability Date:For the dates of
applicability, see §§1.6038A–1(n) and
1.6038A–2(h).
FOR FURTHER INFORMATION
CONTACT: Edward R. Barret, (202)
622–3880 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
On February 9, 2004, final and tempo-
rary regulations (T.D. 9113, 2004–9 I.R.B.
524) relating to the duplicate filing re-
quirements for Form 5472 were published
in theFederal Register(69 FR 5931).
The temporary regulation addressed how
the duplicate filing requirements for Form
5472 apply when a reporting corporation
electronically files its income tax return
(including any attachments such as Form
5472). On February 9, 2004, a notice
of proposed rulemaking and public hear-
ing (REG–167217–03, 2004–9 I.R.B. 540)
wasalsopublishedintheFederal Regis-
ter(69 FR 5940) with respect to the provi-
sions of the temporary regulation. No writ-
ten or electronic comments were received
in response to the notice of proposed rule-
making. No requests to speak at the public
hearing were received, and, accordingly,
the hearing was canceled.
Explanation of Provisions
This Treasury decision adopts the lan-
guage of the proposed regulation without
change. The temporary regulation is re-
moved.
Special Analysis
It has been determined that this Trea-
sury decision is not a significant regula-
tory action as defined in Executive Order
12866. Therefore, a regulatory assessment
is not required. It also has been determined
that section 553(b) of the Administrative
Procedure Act (5 U.S.C. chapter 5) does
not apply to this regulation, and because
this regulation does not impose a collec-
tion of information on small entities, the
Regulatory Flexibility Act (5 U.S.C. chap-
ter 6) does not apply. Pursuant to section
7805(f) of the Code, the notice of proposed
rulemaking preceding this regulation was
submitted to the Chief Counsel for Advo-
cacy of the Small Business Administration
for comment on its impact on small busi-
nesses.
Drafting Information
The principal author of this regulation is
Edward R. Barret, Office of the Associate
Chief Counsel (International). However,
other personnel from the IRS and Trea-
sury Department participated in its devel-
opment.
*****
Adoption of amendments to the
Regulations
Accordingly, 26 CFR part 1 is amended
as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation for
part 1 continues to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.6038A–1 is amended
by revising paragraph (n)(2) to read as fol-
lows:
§1.6038A–1 General requirements and
definitions.
*****
(n)***(1)***
(2)Section 1.6038A–2.Section
1.6038A–2 (relating to the requirement to
file Form 5472) generally applies for tax-
able years beginning after July 10, 1989.
However, §1.6038A–2 as it applies to re-
porting corporations whose sole trade or
business in the United States is a banking,
financing, or similar business as defined in
§1.864–4(c)(5)(i) applies for taxable years
beginning after December 10, 1990. The
final sentence of §1.6038A–2(d) applies
for taxable years ending on or after January
1, 2003. For taxable years ending prior
to January 1, 2003, see §1.6038A–2(d)
in effect prior to January 1, 2003 (see 26
CFR part 1 revised as of April 1, 2002).
*****
Par. 3. Section 1.6038A–2 is amended
by revising paragraph (d) to read as fol-
lows:
2004–43 I.R.B.704October 25, 2004

§1.6038A–2 Requirement of return.
*****
(d)Time and place for filing returns.
A Form 5472 required under this section
shall be filed with the reporting corpora-
tion’s income tax return for the taxable
year by the due date (including exten-
sions) of that return. A duplicate Form
5472 (including any attachments and
schedules) shall be filed at the same time
with the Internal Revenue Service Center,
Philadelphia, PA 19255. A Form 5472 that
is timely filed electronically satisfies the
duplicate filing requirement.
*****
§1.6038A–2T [R
emoved]
Par. 4. Section 1.6038A–2T is re-
moved.
Mark E. Matthews,
Deputy Commissioner for
Services and Enforcement.
Approved August 30, 2004.
Gregory Jenner,
Acting Assistant Secretary of the Treasury.
(Filed by the Office of the Federal Register on September
14, 2004, 8:45 a.m., and published in the issue of the Federal
Register for September 15, 2004, 69 F.R. 55499)
October 25, 20047052004–43 I.R.B.

Part III. Administrative, Procedural, and Miscellaneous
Classification of Certain
Foreign Entities
Notice 2004–68
This notice announces that Treasury
and the Internal Revenue Service (the Ser-
vice) will amend § 301.7701–2(b)(8) of
the Procedure and Administration Regula-
tions to include certain foreign entities on
the list of entities always treated as corpo-
rations under section 7701 of the Internal
Revenue Code.
BACKGROUND
The Service and Treasury issued final
regulations concerning the classification
of entities under section 7701 on De-
cember 18, 1996 (final regulations). See
generally T.D. 8697, 1997–1 C.B. 215,
and §§ 301.7701–1 through 3. Under the
final regulations, a business entity that
is not specifically classified as a corpo-
ration is an eligible entity that can elect
its classification for federal tax purposes
under certain circumstances. However,
§ 301.7701–2(b)(8) provides a list of
certain foreign business entities that are
always classified as corporations for fed-
eral tax purposes (theper secorporation
list). These foreign business entities are
generally referred to asper secorpora-
tions.
On October 8, 2001, the Council of the
European Union adopted Council Regula-
tion 2157/2001 2001 O.J. (L 294) (the EU
Regulation) to provide for a new business
entity, the European public limited liability
company (Societas Europaea or SE). The
EU Regulation will enter into force on Oc-
tober 8, 2004, and will have legal effect
in all the Member States of the European
Economic Area (which includes all Mem-
ber States of the European Union plus Nor-
way, Iceland, and Liechtenstein). An SE
musthavearegisteredofficeinoneofthe
Member States.
The SE is a public limited liability com-
pany. The EU Regulation provides gen-
eral rules that govern the formation and op-
eration of an SE, and supplements those
rules for specified issues and issues it does
not otherwise address by reference to the
laws with respect to public limited liabil-
ity companies for the country in which the
SE has its registered office. Most of the
countries in which an SE can have its regis-
tered office have a business entity that con-
stitutes a public limited liability company
and that currently is on theper secorpo-
ration list. However, an SE can have its
registered office in the following countries
that have a business entity that is a pub-
lic limited liability company but that is not
yet on theper secorporation list: Estonia,
Latvia, Lithuania, Slovenia, and Liechten-
stein.
DISCUSSION
The Service and Treasury have con-
cluded that an SE is properly classified as
aper secorporation because it will func-
tion as a public limited liability company.
The Service and Treasury will issue tem-
porary and proposed regulations that will
modify § 301.7701–2(b)(8) to include the
SE on theper secorporation list. Further,
the temporary and proposed regulations
will modify § 301.7701–2(b)(8) to in-
clude asper secorporations the Estonian
Aktsiaselts, Latvian Akciju Sabiedriba,
Lithuanian Akcine Bendroves, Slovenian
Delniska Druzba, and Liechtenstein
Aktiengesellschaft. These entities are the
public limited liability companies in their
respective countries.
The status of an SE may be relevant
to the application of various federal in-
come tax provisions, such as the subpart
F same-country exception under section
954(c)(3). Treasury and the Service are
considering these issues and invite com-
ments on any additional areas in which
guidance on the federal tax treatment of an
SE may be warranted.
EFFECTIVE DATE
The temporary and proposed regula-
tions to be issued adding the Estonian
Aktsiaselts, Latvian Akciju Sabiedriba,
Lithuanian Akcine Bendroves, Slovenian
Delniska Druzba, and Liechtenstein
Aktiengesellschaftto § 301.7701–2(b)(8)
generally will apply to such entities
formed on or after the date of this notice.
However, they shall also apply to an entity
formed before such date upon a 50 percent
or greater change of ownership subsequent
to such date. The temporary and proposed
regulations to be issued adding the SE to
§ 301.7701–2(b)(8) will apply to entities
formed on or after October 8, 2004.
DRAFTING INFORMATION
The principal author of this notice is
Ronald M. Gootzeit of the Office of As-
sociate Chief Counsel (International). For
further information regarding this no-
tice, contact Ronald M. Gootzeit at (202)
622–3860 (not a toll-free call).
Weighted Average Interest
Rates Update
Notice 2004–69
This notice provides guidance as to the
corporate bond weighted average interest
rate and the permissible range of interest
rates specified under §412(b)(5)(B)(ii)(II)
of the Internal Revenue Code. In ad-
dition, it provides guidance as to the
interest rate on 30-year Treasury securi-
ties under § 417(e)(3)(A)(ii)(II), and the
weighted average interest rate and permis-
sible ranges of interest rates based on the
30-year Treasury securities rate.
CORPORATE BOND WEIGHTED
AVERAGE INTEREST RATE
Sections 412(b)(5)(B)(ii) and 412(l)(7)
(C)(i), as amended by the Pension Funding
Equity Act of 2004, provide that the inter-
est rates used to calculate current liability
and to determine the required contribution
under § 412(l) for plan years beginning in
2004 or 2005 must be within a permissible
range based on the weighted average of the
rates of interest on amounts invested con-
servatively in long term investment grade
corporate bonds during the 4-year period
ending on the last day before the beginning
of the plan year.
Notice 2004–34, 2004–18 I.R.B. 848,
provides guidelines for determining the
corporate bond weighted average interest
rate and the resulting permissible range
of interest rates used to calculate current
liability. That notice establishes that the
corporate bond weighted average is based
on the monthly composite corporate bond
rate derived from designated corporate
bond indices.
2004–43 I.R.B.706October 25, 2004

The composite corporate bond rate for
September 2004 is 5.63 percent. Pursuant
to Notice 2004–34, the Service has de-
termined this rate as the average of the
monthly yields for the included corporate
bond indices for that month.
The following corporate bond weighted
average interest rate was determined for
plan years beginning in the month shown
below.
For Plan Years
Corporate
Bond90% to 110%
Beginning in:WeightedPermissible
MonthYearAverageRange
October20046.215.59 to 6.21
30-YEAR TREASURY SECURITIES
WEIGHTED AVERAGE INTEREST
RATE
Section 417(e)(3)(A)(ii)(II) defines
the applicable interest rate, which must
be used for purposes of determining the
minimum present value of a participant’s
benefit under § 417(e)(1) and (2), as the
annual rate of interest on 30-year Treasury
securities for the month before the date
of distribution or such other time as the
Secretary may by regulations prescribe.
Section 1.417(e)–1(d)(3) of the Income
Tax Regulations provides that the applica-
bleinterestrateforamonthistheannual
interest rate on 30-year Treasury securi-
ties as specified by the Commissioner for
that month in revenue rulings, notices or
other guidance published in the Internal
Revenue Bulletin.
Section 404(a)(1) of the Code, as
amended by the Pension Funding Eq-
uity Act of 2004, permits an employer
to elect to disregard subclause (II) of
§ 412(b)(5)(B)(ii) to determine the max-
imum amount of the deduction allowed
under § 404(a)(1).
The rate of interest on 30-year Treasury
securities for September 2004 is 4.90 per-
cent. Pursuant to Notice 2002–26, 2002–1
C.B. 743, the Service has determined this
rate as the monthly average of the daily de-
termination of yield on the 30-year Trea-
surybondmaturinginFebruary2031.
The following 30-year Treasury rates
were determined for the plan years begin-
ning in the month shown below.
For Plan Years
30-Year
Treasury90% to 105%90% to 110%
Beginning in:WeightedPermissiblePermissible
MonthYearAverageRangeRange
October20045.144.62 to 5.394.62 to 5.65
Drafting Information
The principal authors of this notice
are Paul Stern and Tony Montanaro of
the Employee Plans, Tax Exempt and
Government Entities Division. For fur-
ther information regarding this notice,
please contact the Employee Plans’ tax-
payer assistance telephone service at
1–877–829–5500 (a toll-free number),
between the hours of 8:00 a.m. and
6:30 p.m. Eastern time, Monday through
Friday. Mr. Stern may be reached at
1–202–283–9703. Mr. Montanaro may
be reached at 1–202–283–9714. The tele-
phone numbers in the preceding sentences
are not toll-free.
26 CFR 601.601: Rules and regulations.
(AlsoPart1,§1397E.)
Rev. Proc. 2004–61
S
ECTION 1. PURPOSE
Pursuant to § 1397E(e)(2) of the Inter-
nal Revenue Code, this revenue procedure
sets forth the maximum face amount of
Qualified Zone Academy Bonds (“Bond”
or “Bonds”) that may be issued for each
State for the calendar year 2004. For
this purpose, “State” includes the District
of Columbia and the possessions of the
United States.
SECTION 2. BACKGROUND
.01 Section 226 of the Taxpayer Relief
Act of 1997, Pub. L. 105–34, 111 Stat. 821
(1997), added § 1397E to the Internal Rev-
enue Code to provide a credit to holders of
Bonds under certain circumstances so that
the Bonds generally can be issued without
discount or interest. Ninety-five percent of
Bond proceeds are to be used for qualified
purposes, as defined by § 1397E(d)(5),
with respect to a qualified zone academy,
as defined by § 1397E(d)(4).
.02 Section 1397E(e)(1), as amended
by § 304 of the Working Families Tax Re-
lief Act of 2004, Pub. L. 108–311, 118
Stat. 1166 (2004), provides that the na-
tional Bond limitation is $400 million for
each of the years 1998, 1999, 2000, 2001,
2002, 2003, 2004, and 2005. This amount
is to be allocated among the States by
the Secretary on the basis of their respec-
tive populations below the poverty level
(as defined by the Office of Management
and Budget) and is to be further allocated
by each State to qualified zone academies
within the State.
.03 Section 1397E(e)(4), as amended
by § 509 of the Tax Relief Extension Act
of 1999, Pub. L. 106–170, 113 Stat. 1860
(1999), provides that any carryforward of a
October 25, 20047072004–43 I.R.B.

limitation amount may be carried forward
only to the first 2 years (3 years for carry-
forwards from 1998 or 1999) following the
unused limitation year. For this purpose, a
limitation amount shall be treated as used
on a first-in first-out basis.
.04 Rev. Proc. 98–9, 1998–1 C.B. 341;
Rev. Proc. 98–57, 1998–2 C.B. 682; Rev.
Proc. 2000–10, 2000–1 C.B. 287; Rev.
Proc. 2001–14, 2001–1 C.B. 343; Rev.
Proc. 2002–25, 2002–1 C.B. 800; and Rev.
Proc. 2002–72, 2002–2 C.B. 931, allo-
cated among the States the national limi-
tation for 1998, 1999, 2000, 2001, 2002,
and 2003, respectively.
SECTION 3. NATIONAL QUALIFIED
ZONE ACADEMY BOND LIMITATION
FOR 2004
The 2004 national limitation for Bonds
is $400 million. This amount is allocated
among the States as follows:
STATEMAXIMUM FACE AMOUNT OF BONDS THAT MAY BE
ISSUED PURSUANT TO THE CALENDAR YEAR
2004 LIMITATION
Alabama
$7,004,000
Alaska
$613,000
Arizona
$8,044,000
Arkansas
$5,822,000
California
$50,399,000
Colorado
$4,772,000
Connecticut
$3,054,000
Delaware
$799,000
District of Columbia
$1,062,000
Florida
$22,524,000
Georgia
$10,277,000
Hawaii
$1,510,000
Idaho
$1,609,000
Illinoi
s
$17,445
,000
Indiana
$6,041,000
Iowa
$2,922,000
Kansas
$2,944,000
Kentucky
$6,249,000
Louisiana
$8,504,000
Maine
$1,86
1,000
Maryland
$4,378,000
Massachusetts
$7,092,000
Michigan
$12,608,000
Minnesota
$3,557,000
Mississippi
$5,615,000
Mis
souri
$6,
030,000
Montana
$1,335,000
Nebraska
$1,981,000
Nevada
$2,058,000
New Hampshire
$799,000
New Jersey
$7,453,000
N
ew Mexico
$
3,590,000
New York
$29,441,000
North Carolina
$12,750,000
North Dakota
$799,000
Ohio
$12,028,000
Oklahoma
$5,352,000
2004–43 I.R.B.708October 25, 2004

STATEMAXIMUM FACE AMOUNT OF BONDS THAT MAY BE
ISSUED PURSUANT TO THE CALENDAR YEAR
2004 LIMITATION
Oregon
$4,159,000
Pennsylvania
$12,608,000
Rhode Island
$1,270,000
South Carolin
a
$6,216,000
South Dakota
$930,000
Tennessee
$9,182,000
Texas
$36,795,000
Utah
$2,495,000
Vermont
$668,000
Virginia
$7,683,000
Washington
$7,191,000
West Virginia
$3,207,000
Wisconsin
$5,111,000
Wyoming
$482,000
American
Samoa
$385,000
Guam
$405,000
Northern Marianas
$373,000
Puerto Rico
$20,132,000
Virgin Islands
$387,000
Total
$400,0
00,000
SECTION 4. EFFECTIVE DATE
This revenue procedure is effective as
of October 7, 2004, and applies to Bonds
issued pursuant to the national limitation
for calendar year 2004 on or after January
1, 2004.
SECTION 5. DRAFTING
INFORMATION
The principal author of this revenue
procedure is Zoran Stojanovic of the Of-
fice of Division Counsel/Associate Chief
Counsel (Tax Exempt & Government
Entities). For further information re-
garding this revenue procedure, contact
Mr. Stojanovic at (202) 622–3980 (not a
toll-free call).
October 25, 20047092004–43 I.R.B.

Part IV. Items of General Interest
Notice of Proposed
Rulemaking
Timely Mailing Treated As
Timely Filing
REG–138176–02
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Notice of proposed rulemaking.
SUMMARY: This document contains pro-
posed regulations amending Treasury Reg-
ulation §301.7502–1 to provide that, other
than direct proof of actual delivery, a reg-
istered or certified mail receipt is the only
prima facieevidence of delivery of doc-
uments that have a filing deadline pre-
scribed by the internal revenue laws. The
proposed regulations are necessary to pro-
vide greater certainty on this issue and to
provide specific guidance. The proposed
regulations affect taxpayers who mail Fed-
eral tax documents to the Internal Revenue
Service or the United States Tax Court.
DATES: Written or electronic comments
and requests for a public hearing must be
received by December 20, 2004.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR(REG–138176–02),
room 5203, Internal Revenue Service,
POB 7604, Ben Franklin Station, Wash-
ington, DC 20044. Submissions may
be hand-delivered between the hours of
8a.m. and4p.m.toCC:PA:LPD:PR
(REG–138176–02), Courier’s Desk,
Internal Revenue Service, 1111 Con-
stitution Avenue, N.W., Washington,
DC, or sent electronically, via the IRS
Internet site at:www.irs.gov/regsor
via the Federal eRulemaking Portal
athttp://www.regulations.gov/(IRS —
REG–138176–02).
FOR FURTHER INFORMATION
CONTACT: Concerning the regulations,
Charles A. Hall, (202) 622–4940; con-
cerning submissions, Sonya Cruse, (202)
622–7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The collection of information contained
in this notice of proposed rulemaking has
been submitted to the Office of Manage-
ment and Budget for review in accordance
with the Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)). Comments on the
collection of information should be sent to
theOffice of Management and Budget,
Attn: Desk Officer for the Department
of the Treasury, Office of Information
and Regulatory Affairs, Washington,
DC 20503, with copies to theInternal
Revenue Service, Attn: IRS Reports
Clearance Officer, SE:CAR:MP:T:T:SP,
Washington, DC 20224. Comments on
the collection of information should be re-
ceived by November 22, 2004. Comments
are specifically requested concerning:
Whether the proposed collection of in-
formation is necessary for the proper per-
formance of the functions of the Internal
Revenue Service, including whether the
information will have practical utility;
The accuracy of the estimated burden
associated with the proposed collection of
information (see below);
How the quality, utility, and clarity of
the information to be collected may be en-
hanced;
How the burden of complying with the
proposed collection of information may be
minimized, including through the appli-
cation of automated collection techniques
or other forms of information technology;
and
Estimates of capital or start-up costs
and costs of operation, maintenance, and
purchase of service to provide information.
The collection of information in this
proposed regulation is in §301.7502–1(e).
This collection of information is volun-
tary. The likely recordkeepers are taxpay-
ers who want to have evidence to estab-
lish the postmark date andprima facieevi-
dence of delivery when using registered or
certified mail.
Estimated total annual recordkeeping
burden: 1,084,765 hours.
Estimated average annual burden hours
per recordkeeper: 6 minutes (.10 hours).
Estimated number of recordkeepers:
10,847,647.
An agency may not conduct or sponsor,
and a person is not required to respond to, a
collection of information unless it displays
a valid control number assigned by the Of-
fice of Management and Budget.
Books or records relating to a collection
of information must be retained as long
as their contents may become material in
the administration of any internal revenue
law. Generally, tax returns and tax return
information are confidential, as required
by 26 U.S.C. 6103.
Background
This document contains proposed reg-
ulations amending 26 CFR part 301 under
section 7502 of the Internal Revenue Code.
Section 7502(a) first appeared as part of
the recodification of the Code in 1954.
Section 7502(a) is commonly known as
the timely mailing/timely filing rule. Sec-
tion 301.7502–1 of the Procedure and Ad-
ministration Regulations provides rules for
taxpayers to follow to qualify for favorable
treatment under section 7502. There is a
conflict among the Circuits of the United
States Court of Appeals as to whether the
provisions in section 7502 provide the ex-
clusive means to establishprima facieev-
idence of delivery of a document to the
IRS or the United States Tax Court. In
particular, courts have reached differing
conclusions regarding whether a taxpayer
may raise a presumption of delivery of
Federal tax documents to the IRS and the
United States Tax Court only in situations
in which the taxpayer uses registered or
certified mail. These proposed regulations
clarify the existing regulations and provide
guidance on the need to use registered or
certified mail to file documents with the
IRS and the United States Tax Court to en-
joy a presumption of delivery.
Explanation of Provisions
These proposed regulations amend
§301.7502–1(e)(1) to clarify that, other
than direct proof of actual delivery, the
exclusive means to establishprima facie
evidence of delivery of Federal tax docu-
ments to the IRS and the United States Tax
2004–43 I.R.B.710October 25, 2004

Court is to prove the use of registered or
certified mail. The IRS currently accepts
only a registered or certified mail receipt to
establish a presumption of delivery if the
IRS has no record of ever having received
the document in question. This policy not
only is consistent with section 7502(c)
but also provides taxpayers with certainty
that, under the Code, a certified or reg-
istered mail receipt will establishprima
facieevidence of delivery. Accordingly,
the proposed regulations merely clarify
and confirm current IRS practice under
the existing regulations. These proposed
regulations provide that the final regula-
tions, to which these proposed regulations
relate, will be effective for all documents
mailed after the publication date of these
proposed regulations.
Under section 7502(f)(3), the IRS may
extend to a service provided by a private
delivery service (PDS) a rule similar to
theprima facieevidence of delivery rule
applicable to registered and certified mail.
To date the IRS has not received any com-
ments or suggestions for extending this
rule even though the IRS and the Trea-
sury Department previously requested
comments in a prior notice of proposed
rulemaking under section 7502.See64
FR 2606 (Jan. 15, 1999). As the IRS is
clarifying what documentation it will ac-
cept as proof of delivery, it is appropriate
to solicit comments on this issue again.
Accordingly, the IRS and the Treasury
Department encourage the public to make
comments regarding whether the IRS and
the Treasury Department should extend
theprima facieevidence of delivery rule
to a service provided by a PDS. These
comments should address the reasons why
the IRS should treat a service provided
by a PDS as substantially equivalent to
registered or certified mail, including a
comparison of the benefits to taxpayers
and the IRS of the PDS service with the
benefits of registered and certified mail.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a significant
regulatory action as defined in Executive
Order 12866. Therefore, a regulatory as-
sessment is not required. It has also been
determined that section 553(b) of the Ad-
ministrative Procedure Act (5 U.S.C. chap-
ter 5) does not apply to the regulations.
It is hereby certified that the collection
of information contained in this regulation
will not have a significant economic im-
pact on a substantial number of small en-
tities. Accordingly, a regulatory flexibil-
ity analysis is not required. Although the
collection of information in this notice of
proposed rulemaking affects a substantial
number of small entities, the economic im-
pact on these small entities is not substan-
tial. If a small entity uses registered or
certified mail to file a document with the
IRS, the additional burden (filling out the
appropriate United States Postal Service
forms) over and above using regular mail
is not substantial. Furthermore, the extra
cost to use registered or certified mail is
not substantial as certified mail costs only
$2.30 and registered mail can be used for
as little as $7.50. Finally, the added bur-
den of retaining the certified or registered
mail sender’s receipt will be minimal as
the receipt can be associated with the small
entity’s copy of the document that it filed
with the IRS.
Pursuant to section 7805(f), this notice
of proposed rulemaking will be submitted
to the Chief Counsel for Advocacy of the
Small Business Administration for com-
ment on its impact on small businesses.
Comments and Requests for Public
Hearing
Before these proposed regulations are
adopted as final regulations, consideration
will be given to any written (a signed orig-
inal and 8 copies) or electronic comments
that are submitted timely to the IRS. The
IRS and the Treasury Department request
comments on the clarity of the proposed
rules and how they can be made easier to
understand. All comments will be avail-
able for public inspection and copying.
A public hearing may be scheduled if
requested in writing by any person that
timely submits written comments. If a
public hearing is scheduled, notice of the
date, time, and place for the public hearing
will be published in theFederal Register.
Drafting Information
The principal author of the regulations
is Charles A. Hall of the Office of the
Associate Chief Counsel, Procedure and
Administration (Administrative Provi-
sions and Judicial Practice Division).
*****
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 301 is pro-
posed to be amended as follows:
PART 301B—PROCEDURE AND
ADMINISTRATION
Paragraph 1. The authority citation for
part 301 continues to read in part as fol-
lows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 301.7502–1 is amended
by:
1. Adding two new sentences at the end
of paragraph (e)(1).
2. Adding paragraph (g)(4).
The additions read as follows:
§301.7502–1 Timely mailing of documents
and payments treated as timely filing and
paying.
*****
(e)***(1)***Otherthandirectproof
of actual delivery, proof of proper use of
registered or certified mail is the exclusive
means to establishprima facieevidence of
delivery of a document to the agency, of-
ficer, or office with which the document is
required to be filed. No other evidence of a
postmark or of mailing will beprima facie
evidence of delivery or raise a presumption
that the document was delivered.
*****
(g) * * *
(4)Registered or certified mail as the
means to prove delivery of a document.
The last two sentences of paragraph (e)(1)
of this section, when published as final
regulations, will apply to all documents
mailed after September 21, 2004.
Mark E. Matthews,
Deputy Commissioner for
Services and Enforcement.
(Filed by the Office of the Federal Register on September
20, 2004, 8:45 a.m., and published in the issue of the Federal
Register for September 21, 2004, 69 F.R. 56377)
October 25, 20047112004–43 I.R.B.

Electronic and Magnetic
Specifications for Filing Form
8851,Summary of Archer
MSAs
Announcement 2004–83
The following are updates to Rev. Proc.
2001–31, electronic and magnetic specifi-
cations for filing Form 8851,Summary of
Archer MSAs. The format for filing these
forms remains the same, however, there
are changes to the types of acceptable me-
dia and editorial changes.
1. The current reporting requirement is
for Archer MSAs established from
January 1, 2004, through June 30,
2004.
2. The Martinsburg Computing Center
has been renamed Enterprise Com-
puting Center — Martinsburg (ECC-
MTB).
3. Call Site was r
enamed Information
Reporting Pr
ogram (IRP) Customer
Service Sect
ion and can be reached at
our toll-fre
e number 866–455–7438.
4. ECC-MTB no longer accepts mag-
netic tapes, 8mm, 4mm or Quarter
Inch Cartridges (QIC) for the filing of
Forms 8851.
5. Electronic filing via the FIRE Sys-
tem is now an internet connection at
http://fire.irs.gov.Filing procedures
are essentially the same as the dial
up connection. Refer to Publication
3609, Rev. 10–2004 for detailed in-
structions.
Questions concerning the filing of Form
8851 can be directed to the IRP Customer
Service Section toll-free at 866–455–7438.
IRS and The George
Washington University Law
School To Sponsor Institute on
International Tax Issues
Announceme
nt 2004–84
The Internal Revenue Service an-
nounces the Seventeenth Annual Institute
on Current Issues in International Tax-
ation, jointly sponsored by the Internal
Revenue Service and The George Wash-
ington University Law School, to be held
on December 9 and 10, 2004, at the J.W.
Marriott Hotel in Washington, DC. Reg-
istration is currently underway for the
Institute, which is intended for interna-
tional tax professionals.
The program will present a unique op-
portunity for top IRS and Treasury offi-
cials and tax experts, and leading private
sector specialists, to address breaking is-
sues and present key perspectives on new
developments. The first day will feature
sessions on the following:
•Current Competent Authority Issues
(with the Competent Authorities of
France, Japan, the United Kingdom,
and the United States;
•Application of Functional Analysis to
Corporate Restructurings;
•Latest IRS Transfer Pricing Guidance;
•Off-Shore Service Centers; and
•Updates on Outbound Issues.
The Honorable Gregory F. Jenner, Act-
ing Assistant Secretary (Tax Policy), U.S.
Department of the Treasury, will deliver
the luncheon address. The day will begin
with an address by the Honorable George
K. Yin, Chief of Staff, Joint Committee on
Taxation.
The second day will focus on the fol-
lowing topics:
•Updates on Inbound Issues;
•Current Issues for Check-the-Box
Planning;
•Cross-Border Mergers, Acquisitions,
and Financing Transactions; and
•Application of Tax Shelter Rules to In-
ternational Transactions.
The Honorable Mark W. Everson,
Commissioner, Internal Revenue Service
will deliver the luncheon address. The
second day will also include an “Ask the
IRS” panel featuring senior officials from
the Service.
Those interested in attending or ob-
taining more information should contact
The George Washington University Law
School, athttp://www.law.gwu.edu/ciit.
Foundations Status of Certain
Organizations
Announcement 2004–85
The following organizations have failed
to establish or have been unable to main-
tain their status as public charities or as op-
erating foundations. Accordingly, grantors
and contributors maynot, after this date,
rely on previous rulings or designations
in the Cumulative List of Organizations
(Publication 78), or on the presumption
arising from the filing of notices under sec-
tion 508(b) of the Code. This listing does
notindicate that the organizations have lost
their status as organizations described in
section 501(c)(3), eligible to receive de-
ductible contributions.
Former Public Charities.The follow-
ing organizations (which have been treated
as organizations that are not private foun-
dations described in section 509(a) of the
Code) are now classified as private foun-
dations:
2nd US Infantry, Bel Air, MD
Abundant Radio Ministries, Inc.,
Chaska, MN
Action Waupaca, Inc., Waupaca, WI
Adam Smith Institute Tr., Bethesda, MD
Adaptive Community Approach Program,
Incorporated, Waukesha, WI
Ads-Martin Fromm Foundation for
Education, Kansas City, MO
Adult Provider Association,
Rochester, MN
Affordable Housing Solutions, Inc.,
Los Angeles, CA
African Association Against Epidemics,
Detroit, MI
African Institute of Strategic Studies,
Burtonville, MD
Afrocentric Culture Organization,
Madison, WI
Agents of Change, Inc.,
Corpus Christi, TX
Aim Asso, Inc., Glen Dale, MD
Alagappa Foundation, Escondido, CA
Albert Lea Aids Services, Albert Lea, MN
All Gods Children, Inc., Wilmington, DE
All Hallows Hall, Inc., Palm Beach, FL
Allen Community Development
Corporation, Washington, DC
Alliance for Lymphoma Survivors,
Washington, DC
Alternative Building Coalition for
Education, Inc., Frederick, MD
2004–43 I.R.B.712October 25, 2004

American Academy of Distance Learning
& Training, Inc., Valley City, ND
American Devoting Volunteers for
International Culture and Education,
Fort Lauderdale, FL
American Emergency Relief Fund,
Eldridge, MO
American Friends of the
US-Israel Education Foundation,
Minneapolis, MN
American Liverpool Foundation,
New York, NY
American Soft Tennis Association,
Beverly Hills, CA
Angelos Dream, Inc., Baltimore, MD
Anointed Hands Early Learning Center,
Decatur, GA
Apopka Talons Track Club, Apopka, FL
Appalachian Chapter Signal
Corps Regimental Association,
Ft. Ritchie, MD
ARC Reading Supervised Aartments
Corporation, Woodbury, NJ
Archer Heights Maplewood Group, Inc.,
Maplewood, MN
Arkansas Cattle Women’s Foundation,
Little Rock, AR
Arundel Contemporary Arts Association,
Inc., Annapolis, MD
Attitude, Inc., Grand Rapids, MI
Awakening Ministries, Inc.,
Kentwood, MI
B Healthy, Detroit, MI
Barnabas Project Society, Bixby, OK
Barrow Curling & Hockey Association,
Barrow, AK
Basic Neighborhood Services, Inc.,
Muskegon, MI
Beauchamp Charity Foundation,
Coral Gables, FL
Begin Again Ministries, Inc.,
Springfield, MO
Beltrami Nursing Home Auxiliary,
Bemidji, MN
Ben Coleman Basketball Camp,
Shakopee, MN
Best Interest of the Child, Inc.,
Overland Park, KS
Better Community Foundation,
Marina Del Rey, CA
Biblical Apostolic Organization, Inc.,
Hillsdale, MI
Black Education Scholarship Team,
Tehachapi, CA
Black Men in Motion, Inc.,
Wilmington, DE
B O L T, Inc., Detroit, MI
Breadlebaine Riding Program, Inc.,
Champlin, MN
Break the Chain, Springfield, MO
Breast Cancer Awareness Program for
Poland, Inc., Washington, DC
Butler County Housing & Community
Development Corporation, Butler, PA
Cafe Kosmos, Inc., Grand Forks, ND
Candle Project, Inc., Kalamazoo, MI
Capital Area Swim Team, Mason, MI
Card Pal, Inc., Arlington, VA
Carmelites of Mary Immaculate of North
America, Lake Orion, MI
Carroll County Resource Center, Inc.,
Carroll, IA
C C U Community Development
Corporation, Sicklerville, NJ
Cedric the Entertainer Charitable
Foundation, Inc., St. Louis, MO
Center Court Youth Tennis Academy,
Inc., Wichita, KS
Center for Public Health in Asia, Inc.,
Baltimore, MD
Challenger Learning Center of Anne
Arundel County Maryland, Inc.,
Annapolis, MD
Channel K16CO, Inc., Garfield, MN
Charlie Johnson Scholarship Fund, Inc.,
Bladensburg, MD
Child Development Foundation,
Herndon, VA
Child Is a Child, St. Louis, MO
Children of Chernobyl Project of Greater
Chattanooga, Chattanooga, TN
Childrens Art Foundation,
Overland Park, KS
Childrens Garden, Inc., Council Bluffs, IA
Christian Community Coalition, Inc.,
Rockville, MD
Christian Thrift Center, Inc.,
Frederick, MD
Christopher House, Inc., Kearney, NE
Christos Community & Personal
Development Services, Inc.,
Jackson, MI
Church Without Walls, St. Louis, MO
Churches of Soulard, Inc., St. Louis, MO
City Market Arts and Education
Foundation, Inc., Kansas City, MO
Clan Shaw Society, Olney, MD
Clean Activities, Inc., St. Paul, MN
Close to My Heart, Saint Paul, MN
Colfax Community Chest, Inc., Colfax, IA
Collins Childrens Workshop,
St. Cloud, MN
Coming Home, Inc., Ocean City, NJ
Commercial Sexual Exploitation Resource
Institute, Minneapolis, MN
Committed Black Women, Inc.,
Arnold, MD
Committee for America the Beautiful,
Omaha, NE
Communities Taking Action, Inc.,
Shelbina, MO
Community Empowerment Educational
Strategies, Washington, DC
Community Services Representatives,
Inc., Baltimore, MD
Community Support Outreach, Inc.,
Portland, OR
Community Thrift Store, Inc.,
Madison, WI
Comprehensive Family Preservation
Center, Incorporated, Baltimore, MD
Concerned About the Future of Our
Children, Inc., Baltimore, MD
Concerned Citizens Committee,
North Beach, MD
Conscious Business Alliance, Edina, MN
Council Oak Center for Independent
Living, Inc., Granger, IN
Crafts for Economic Empowerment, Inc.,
Washington, DC
Creative Care Vision, Inc., Clinton, MD
Crimson & Cream Foundation,
St. Paul, MN
Critical Life Choices Foundation,
Grosse Pointe Farms, MI
Crumbs Charity Corporation,
Baltimore, MD
Curtain Up, Inc., Centerville, IA
D and D Evangelistic Crusades, Inc.,
Lebanon, MO
D Paws Dardenne Prairie Adoption
Wellness Shelter, Wentzville, MO
DADC,Sikeston,MO
Dade ARC Foundation, Inc., Miami, FL
Dakota Cup Charities, Inc., Mobridge, SD
Dan Trail Memorial & Scholarship Fund,
Beloit, KS
Danville Senior Housing, Inc.,
Norfolk, VA
David Greene Foundation,
Cambridge, MD
Dearing Detroit Dance, Detroit, MI
Defiance Emergency Management
Association, Defiance, MO
Domestic Violence Coordinating Council
of Greater Omaha, Omaha, NE
Dove Meadow Ministries,
Whitewright, TX
Down River Nutrition Program, Inc.,
Marine City, MI
Downtown Promoters,Inc., Hampton, VA
October 25, 20047132004–43 I.R.B.

Dream Dreams Foundation for
Underprivileged Children, Inc.,
Baltimore, MD
Dupont Park Adventist Apartments, Inc.,
Washington, DC
Dwight Mosley Memorial Fund,
Washington, DC
East Prairie Enterprise Community Health
Consortium, E. Prairie, MO
Education for Peace, Washington, DC
Educational Resources Unlimited,
Chesapeake, VA
Effective Technological Training, Inc.,
W. Bloomfield, MI
Elyse Foundation, Battle Creek, MI
Endeavor for Social Equality, Inc.,
Minneapolis, MN
Environment and Our Common Past,
Washington, DC
Environmental Education Camps,
Incorporated, Baltimore, MD
E S H Posse, Inc., Omaha, NE
Ethiopian Social Services, Inc.,
Silver Spring, MD
ETP International, Inc., East Granby, CT
Family Assistance, Inc., Middletown, MD
Fang Theatre Company, Ltd.,
New York, NY
Fearless LeadershipInstitute, Eagan, MN
Feminists for Life of Wisconsin, Inc.,
Wauwatosa, WI
Financial Education Services,
Brookings, SD
First Step Another Step, Detroit, MI
Foley - Mason Scholarship Fund, Inc.,
Cloquet, MN
Forflint, Flint, MI
Foundation for Glastonbury Public
Schools, Inc., Glastonbury, CT
Foundation for Integrated Services,
Olney, MD
Foundation Khadimou Rassoul North
America, Washington, DC
Foundation Oya-Ras Xango,
Washington, DC
Franchise Emergency Action Team,
Milford, CT
Free Hope Outreach Community
Development Corporation,
Bladensburg, MD
Freed Hardeman University Investment
Corporation, Inc., Henderson, TN
Freedom Affordable Housing
Corporation, Baltimore, MD
Friends of Erevna International Peace
Center, Bethesda, MD
Friends of the Centralia Public Library,
Centralia, MO
Friends of the Eden Prairie Community
Band, Richfield, MN
Friends of the Lake City Public Library,
Lake City, MN
Friends of the Perry Public Library,
Perry, IA
Frogtown Puzzled Images, Inc.,
St. Paul, MN
Froom Parise Society, Inc.,
Wilmington, DE
Fulbright International, Inc.,
Baltimore, MD
Future Dreams, Inc., Detroit, MI
Gambia Foundation, Inc., Washington, DC
Gamma Chi Educational Foundation, Inc.,
West Friendship, MD
Gbakanda Afrikan Tiata International,
Inc., Stone Mountain, GA
Giles County Volunteer Disaster Relief,
Pearisburg, VA
Glen Park Coalition of Concern, Inc.,
Gary, IN
Glenn & Laura L. Mullins Community
Foundation, Inc., Ypsilanti, MI
Global Operations Fire-Rescue Services,
Newport, RI
Glory of God Church, Inc., Sarasota, FL
Gods Woman Ministries, Inc.,
St. Louis, MO
Gomidas Institute, Trenton, NJ
Good Samaritan Children’s Mission,
Sugar Land, TX
Good Samaritans Medical Foundation,
Minneapolis, MN
Grams and Grands Mid-City Housing
Corporation, St. Louis, MO
Grand Rapids Hoops Care Foundation,
Grand Rapids, MI
Grandview Athletic Association,
Dittmer, MO
Greater Denver Activities Foundation,
Inc., Denver, IA
Greater Grand Rapids Amputee Golf
Association, Inc., Kentwood, MI
Greater New Light GNL Community
Development Corporation, Detroit, MI
Greater Pothole Region Family Center,
Inc., Massena, IA
Greenfield Public Library Foundation,
Inc., Greenfield, WI
Grenadian-American Development
Organization, Inc., Washington, DC
Halfmoon Homestead Sanctuary, Inc.,
Tomahawk, WI
Happy Angels, Inc., Miami, FL
Harmony Traveling Theatre Company,
Hyattsville, MD
Harvesters Team, Inc., Plymouth, MN
Harvesting a Cure, Bloomfield Hills, MI
Harvey Community Center, Harvey, IL
HBCU-MI Consortium for National and
International Programs, Bethesda, MD
Healing Resource Center, Inc.,
Bethesda, MD
Health Care for all Education Fund, Inc.,
Towson, MD
Hear Me & Co., San Francisco, CA
Heartland Animal Society,
Poplar Bluff, MO
Heet Academic Track Club, Inc.,
Bowie, MD
Hemispheric Studies Institute,
Washington, DC
Heritage in the Woods Association,
Laingsburg, MI
Holistic Center, Inc., Ridgley, MD
Holistic Home Health Systems,
Springfield, MI
Holy Spirit School Class of 1966
Memorial Fund, Eagan, MN
Home of Agape, Grand Rapids, MI
Homes for You, Springfield, MO
Hometown Environmental Program,
Jackson, MS
Hook & Ladder Foundation, Inc.,
Virginia Beach, VA
Horn of Africa Support Program,
Arlington, VA
Hortonville Area Educational Foundation,
Inc., Hortonville, WI
Hospice Coalition of Michigan,
Lansing, MI
Howard High Alumni Association,
Incorporated, Wilmington, DE
Humanity Resources Development, Inc.,
Lake Worth, FL
Iglesia Evangelica Pentecostes Jehova
Nissi, Grand Island, NE
Iluminadas Performing Arts School, Inc.,
Minneapolis, MN
I M A G E S, Inc., Wichita, KS
Impact Alliance, Inc., Detroit, MI
Innovations in Community Support, Inc.,
Waukesha, WI
Innovative People Solutions, Inc.,
Lawrence, KS
Inspiring Self-Sufficiency in Sisters, Inc.,
Washington, DC
Institute for Civil Society,
Mountain View, CA
Institute for Faith and Psychological
Sciences, Arlington, VA
International Association of Fire Fighters,
Grottoes, VA
International Contingency and
Development Fund, Bethesda, MD
2004–43 I.R.B.714October 25, 2004

International Gallery of Contemporary
Art-Minneapolis, Minneapolis, MN
Iowa Watersheds, Iowa City, IA
Jackies Angels, Vienna, VA
Jackson Firefighters Association Corp.,
Cedarburg, WI
Jersey Jazz Arts Lyceum, Eatontown, NJ
Jesus on the Move Ministries, Inc.,
Fort Dodge, IA
Jimmy Gaul Memorial Foundation,
Grand Rapids, MI
John Wesley Development Corporation,
Baltimore, MD
Journey Ministries, Inc., Detroit, MI
Jump Start, Inc., Benton Harbor, MI
Juvenile Pyramid Foundation,
Fort Washington, MD
Kansas City Pet Adoption League,
Kansas City, MO
Kanza Rail-Trails Conservancy, Inc.,
Emporia, KS
Kaulele, Kailua, HI
KB3BOI Repeater Group, Inc.,
Pomfret, MD
Kearney Area Interfaith Caregivers,
Kearney, NE
Kentucky Federation of Families for
Children’s Mental Health, Inc.,
Georgetown, KY
Kidie Koral Child Care Center, Inc.,
Landover, MD
Kids First Foundation, Minneapolis, MN
Kids N Care, Inc., Mandan, ND
Koinonia, Inc., Jackson, MI
Korean American Advanced Institute
of Science and Engineering, Inc.,
Rockville, MD
Kuumba Center, Inc., Milwaukee, WI
Lakes Area of Oakland County
Community Foundation for Children,
Farmington Hills, MI
Lakeshore Center for Attitudinal Healing,
Inc., Muskegon, MI
Lamancha Child Care, Inc.,
Woodbine, MD
Law Enforcement Family Training
Foundation, Topeka, KS
Lawrence Scotty Scot Jazz Scholarship
Foundation, Rehoboth Beach, DE
Le Legion Du Lugnuts, Lansing, MI
League for Theoanthrpological Religious
and Constitutional Studies of Subst,
Washington, DC
Learning for Life Institute, Inc.,
Overland Park, KS
Lester Prairie Education Foundation, Inc.,
Lester Prairie, MN
Life With Dignity Association,
Manassas, VA
Linsey Porter Charity Fund, Inc.,
Oak Park, MI
Little Eagle Resident Organization,
Little Eagle, SD
Long Institute for Children and
Technology, Washington, DC
LSS Housing Eau Claire, Inc.,
Milwaukee, WI
Lucerne Valley Citizen on Patrol Unit
414, Lucerne Valley, CA
Macedonia Firemens Association,
Macedonia, IA
Macedonia International, Inc.,
Grand Rapids, MI
Macedonia P Corporation, Baltimore, MD
Madison Area Interfaith Network, Inc.,
Madison, WI
Malden Band Boosters, Malden, MO
Maple City Assisted Living, Adrian, MI
Mar-Va Theater Performing Arts Center,
Inc., Pocomoke City, MD
Marble Hill Main St., Inc.,
Marble Hill, MO
Marianne Simmons Pretzer Educational
Foundation, Manhattan, KS
Mary and Patty Bowden Foundation,
San Leandro, CA
Maryland Longterm Care Advocacy
Services, Inc., Baltimore, MD
Maryland Youth Baseball, Inc.,
Huntington, MD
Mastar, Wilmington, DE
Match for Life, Southfield, MI
Mayors Scholarship Fund, Pinconning, MI
McAleer School of Irish Dance Parents
Association, Hockessin, DE
McClure River Volunteer Fire Dept., Inc.,
Clinchco, VA
McDonald County Technical Rescue,
Pineville, MO
McGovern Family Foundation, Inc.,
Washington, DC
Med-Gard, Inc., Chevy Chase, MD
Med Star Ambulance & Rescue, Inc.,
Ladysmith, WI
Mekane Hizunan Welfare & Assistance
Organization, Washington, DC
Melody Ranch Motion Picture Museum,
Newhall, CA
Melvindale Alliance for Progress,
Lincoln Park, MI
Metamorphosis Institute, Inc., Ridge, NY
Methodist Boys High School Alumni
Association-Washington Metropolitan
Area, Inc., Bowie, MD
Michigan National Organization
for Women Foundation, Inc.,
Birmingham, MI
Michigan ResourcesFoundation, Inc.,
Nashville, MI
Mid-Town Yard Maintenance
Corporation, W. Allis, WI
Mid-Wisconsin Chapter AIB, Inc.,
Elroy, WI
Midwest Christian Fellowship of the
Blind, Omaha, NE
Minnesota Agriculture 2010,
Prior Lake, MN
Minnesota Amateur Fencing, Inc.,
Plymouth, MN
Minnesota Center for the Book, Inc.,
Saint Paul, MN
Minnesota Habitat Helpers, Inc.,
Rochester, MN
Minnesota Hmong Youth Crime
Prevention & Educational Support, Inc.,
St. Paul, MN
Missouri Associated Corporation for
Veterans,Waynesville,MO
Mosods Imrei Emes, St. Louis, MO
Mount Carmel International, Incorporated,
Oxon Hill, MD
Mount Hermon Caring & Sharing
Development Corporation, Flint, MI
Mount Vernon Inter-American
Institute on Migration & Labor,
Inc., Washington, DC
Moving in Action Corporation,
Baltimore, MD
Mt. Zion Economic Development
Corporation, Ontario, CA
Muskegon Area Fire Chiefs Association,
Inc., Muskegon, MI
Muslim Community Services, Inc.,
Chesterfield, MO
My Soul Sings, Inc., St. Louis, MO
National Association of Hispanic Serving
Health Profession, Inc., Washington, DC
National Coalition of Black American
Men, Inc., Milwaukee, WI
National Leadership Foundation, Inc.,
St. Louis, MO
National Teaching andLearning Institute,
Washington, DC
Native American Health Management
Association, Minneapolis, MN
Native Americans United,
Springfield, MO
Nebraska Mormon Trails Association,
Inc., Kearney, NE
Nebraska Parent Network, Omaha, NE
Network of Associates for the Health of
Expatriates, Mammoth Lakes, CA
October 25, 20047152004–43 I.R.B.

Networks Organized to Use Resources &
Information to Strengthen Hope, Inc.,
Racine, WI
New Beginning Assisted Living Center,
Manson, IA
New Howard Suamico Library Fund,
Green Bay, WI
NewWalnutHillCommunity
Development Corporation,
Milwaukee, WI
Newsome Health Service, Inc.,
Kansas City, MO
North Central Virginia Association
of Philippine Physicians, Inc.,
Richmond, VA
North High School Athletic Foundation,
Sioux City, IA
Northeast Neighborhood Youth Program,
Bloomington, MN
Northern Area Community Housing
Corporation, Detroit, MI
Northfield Citizens Online,
Northfield, MN
Northwest Nutritional Center,
Houston, TX
Oneota Valley Cultural Club, Inc.,
Decorah, IA
Open Fields, Richfield, MN
Open Space Management, Inc.,
El Cajon, CA
Operation Love, Inc., Washington, DC
Operation Rudolph, Duluth, MN
Orbit, Inc., St. Louis, MO
Organization for Universal Communal
Harmony Touch, Fairfax, VA
Palama Scholarship Foundation,
Honolulu, HI
Parents Coalition for Airbag Warnings,
Washington, DC
Parish Green, Inc., Camden, DE
Parker Square Tenant Association,
Kansas City, MO
Parkside Development Company, Inc.,
Detroit, MI
Passaic County Collaborative Coalition,
Inc., Freehold, NJ
Pattys Place, Lebanon, MO
Peacemobile, Inc., Omaha, NE
Pemiscot County Economic Development,
Inc., Caruthersville, MO
People Against Violence, Inc.,
Waterloo, IA
Phap Hoa Buddhist Association, Inc.,
Alexandria, VA
Phoenix Foundation, Exeter, MO
Pilgrimage, Inc., Ann Arbor, MI
Plans into Action, Inc.,
Fort Washington, MD
Porcinus Sanctum Limited, Joppa, MD
Power of the Gospel, Inc.,
Bloomington, MN
Power With People, Seattle, WA
Powerplay Foundation, Inc.,
Minnetonka, MN
Preservation Chelsea, Chelsea, MI
Presidents All-American Musicians,
Springfield, MO
Pristinic Bible Society, Springfield, MO
Professional Perinatal Services, Inc.,
Lakeview, MI
Project Camp, Montgomery, AL
Project Help, Springfield, MO
Prosperity and Success Unlimited,
Concord, NC
Prosperity Institute, Arlington, VA
Puentes, Bethesda, MD
Quality Health Management, Inc.,
Rochester, MN
Quality Human Services, Inc.,
Oak Park, MI
Rankin Sports, Inc., –The All American
Football Camp, Colonial Heights, VA
Reading to Reduce Recidivism,
Pontiac, MI
Redwood Basketball Association,
Redwood Falls, MN
Remington Home Corporation,
Remington, VA
Research Information and Education, Inc.,
Claremont, CA
Research Institute, Woodbury, MN
Resource for Community Connections,
Inc., Wausau, WI
Rescue Disadvantaged Children
Foundation, San Diego, CA
Revolution, Inc., Austin, TX
Rise for Recovering Women and Children,
Sterling Heights, MI
RJS Community Outreach, Inc.,
Detroit, MI
Road Warriors Basketball Team,
Southfield, MI
Robin Nest Child Care Center of Pontiac,
Pontiac, MI
ROC Group, Kirkwood, MO
Roger Pettay Ministries, Inc.,
Hutchinson, KS
Russian Arts Society, Washington, DC
Saint John Mission Society,
Frankenmuth, MI
SCHCC Benefit Club Foundation, Inc.,
Reedsburg, WI
Second Sunday Ministries, Inc.,
Wilmington, DE
Seeds of Humanity Foundation, Inc.,
Springfield, VA
Senior Care Group, Inc., Hockessin, DE
Sisters of Soul, Minneapolis, MN
Sizzling Stars, Inc., Stillwater, MN
SLM Grand Finney Development
Corporation, St. Louis, MO
Small Church Ministries, Inc.,
Grand Rapids, MI
Snowmobile Educational Safety &
Research Association, Ravenna, MI
Society Foundation, Inc., Baltimore, MD
Sofene Family Association, Inc.,
Bethesda, MD
Solid Boundaries Association,
Shawnee, KS
Somali Relief and Rehabilitation of
Minnesota, Minneapolis, MN
Somerset Committee for the Homeless,
Inc., Pocomoke City, MD
Somerset County Crime Solvers, Inc.,
Crisfield, MD
South Richmond Ministerial C & C,
Richmond, VA
South Sudanese American Friendship
Association, Sioux Falls, SD
Spirit Lake Victim Assistance Program,
Inc., Fort Totten, ND
Sports Enhancements, Inc.,
Greenbelt, MD
St. Clair County Down Syndrome Support
Group, Port Huron, MI
St. Louis African American Museum,
St. Louis, MO
St. Louis Silver Hawks Athletics, Inc.,
St. Louis, MO
St. Luke Community Development, Inc.,
Detroit, MI
St. Peter and Paul Historical Foundation,
Solon, IA
Start Hummin Foundation, St. Louis, MO
Step Into 2000, Inc., Wilmington, DE
Strength and Hope Productions,
Minneapolis, MN
Strength for Today Ministries,
Norfolk, VA
Student Coalition Against Tobacco, Inc.,
Parkerburg, WV
Student Disabilities Advocate, Inc.,
Wilmington, DE
Student Services Corporation,
Bay City, MI
Summit University Basketball
Association, St. Paul, MN
Swartz Creek Community Playground,
Swartz Creek, MI
Systems Change Network, Des Moines, IA
T A I L S, Inc., Grosse Ile, MI
Talbot County Family Support Center,
Inc., Easton, MD
2004–43 I.R.B.716October 25, 2004

Teacher Restoration Corps, Inc.,
Green Bay, WI
Technical Assistance for Pollution
Prevention, Chichester, NH
Thembalealethu Millenia the Faith-Hope
Millenia, Washington, DC
Today and Yesterdays Auto,
New Prague, MN
Toys for Tots Holiday Benefit Gala,
Washington, DC
Transition Services, Inc., Detroit, MI
Tribe Theatre, Milwaukee, WI
Trinity Bethel, Inc., Houston, TX
Twenty-First Century Teens, Inc.,
Hagerstown, MD
Twin Cities Airport Task Force,
Minneapolis, MN
Twin Cities Black Film Project,
Minneapolis, MN
Two Shores Cultural Institute,
Palo Alto, CA
Umoja, Inc., St. Paul, MN
United Credit Counseling Services, Inc.,
Columbia, MD
United States-Mexico Cultural
& Educational Foundation,
Washington, DC
Unity Community Development Group,
Detroit, MI
University of Maryland Eastern Shore
Parents Association, Waldorf, MD
Unlimited Vision, Inc., Haslett, MI
Uplands I Affordable Housing
Corporation, Baltimore, MD
Uplands II Affordable Housing
Corporation, Baltimore, MD
Urban Community Unification, Inc.,
Newark, NJ
USTA Grass Roots Program of Racine,
Racine, WI
Velo-Cardio-Facial Sydrome Mid-Atlantic
Support Group, Inc., Stevenson, MD
Versailles Area Ministerial Alliance,
Versailles, MO
Veteran Corps Foundation, Rehoboth, MA
Vietnamese Community of Washington
DC-Maryland & Virginia,
Falls Church, VA
Vineyard Via De Cristo, Inc.,
Gaithersburg, MD
Vision Entertainment Performing Arts
Group, Inc., Los Angeles, CA
Visionary International, Inc., Fordyce, NE
Visionworks, San Antonio, TX
Volunteer and Community Service
Foundation of Nebraska, Lincoln, NE
WAAR, Incorporated, New Orleans, LA
Walter Reed Army Medical Center
WRAMC Army Family Team Building,
Washington, DC
Waterford Youtheatre, Inc.,
White Lake, MI
Wayne County Crime Stoppers, Inc.,
Detroit, MI
Weatherization Assistance Program
Technical Assistance Center,
Washington, DC
Wellspring Ministries, Inc.,
Lutherville, MD
West Michigan In-Line Hockey
Association, Jenison, MI
Wetland Restoration Management,
Wayzata, MN
Whispering Meadows Ranch, Inc.,
Blue Springs, MO
Who Cares, Inc., Detroit, MI
Wichita Tigers Youth Football
Association, Wichita, KS
Wildlife & Habitat Preservation Society,
Inc., Midland, MI
Will Go, Inc., Fort Dodge, IA
Willing Hands, Ltd., Germantown, MD
Wings of Love, Inc., Ann Arbor, MI
Winnebago Challenger Little League,
Oshkosh, WI
Winside Firefighters Association,
Winside, NE
Within Reach Institute, Florissant, MO
Women Matter, Grand Rapids, MI
Women Ministering Women, Inc.,
Kechi, KS
World Dental Outreach, Inc., Smyrna, GA
Worldwide Institute for Personal
Evangelism, West Plains, MO
Yes Projects, St. Louis, MO
Young People United, Ltd.,
Minneapolis, MN
Zion Ministries International, Inc.,
Grand Rapids, MI
If an organization listed above submits
information that warrants the renewal of
its classification as a public charity or as
a private operating foundation, the Inter-
nalRevenueServicewillissuearulingor
determinationletterwiththerevisedclas-
sification as to foundation status. Grantors
and contributors may thereafter rely upon
such ruling or determination letter as pro-
videdinsection1.509(a)–7oftheIncome
Tax Regulations. It is not the practice of
the Service to announce such revised clas-
sification of foundation status in the Inter-
nal Revenue Bulletin.
October 25, 20047172004–43 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 rul-
ings 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.
2004–43 I.R.B.iOctober 25, 2004

Numerical Finding List
1
Bulletins 2004–27 through 2004–43
Announcements:
2004-55, 2004-27 I.R.B.15
2004-56, 2004-28 I.R.B.41
2004-57, 2004-27 I.R.B.15
2004-58, 2004-29 I.R.B.66
2004-59, 2004-30 I.R.B.94
2004-60, 2004-29 I.R.B.43
2004-61, 2004-29 I.R.B.67
2004-62, 2004-30 I.R.B.103
2004-63, 2004-31 I.R.B.149
2004-64, 2004-35 I.R.B.402
2004-65, 2004-33 I.R.B.300
2004-66, 2004-35 I.R.B.402
2004-67, 2004-36 I.R.B.459
2004-68, 2004-38 I.R.B.508
2004-69, 2004-39 I.R.B.542
2004-70, 2004-39 I.R.B.543
2004-71, 2004-40 I.R.B.569
2004-72, 2004-41 I.R.B.650
2004-73, 2004-39 I.R.B.543
2004-74, 2004-40 I.R.B.579
2004-75, 2004-40 I.R.B.580
2004-76, 2004-40 I.R.B.588
2004-77, 2004-41 I.R.B.662
2004-78, 2004-40 I.R.B.592
2004-79, 2004-41 I.R.B.662
2004-80, 2004-41 I.R.B.663
2004-81, 2004-42 I.R.B.675
2004-83, 2004-43 I.R.B.712
2004-84, 2004-43 I.R.B.712
2004-85, 2004-43 I.R.B.712
Notices:
2004-41, 2004-28 I.R.B.31
2004-43, 2004-27 I.R.B.10
2004-44, 2004-28 I.R.B.32
2004-45, 2004-28 I.R.B.33
2004-46, 2004-29 I.R.B.46
2004-47, 2004-29 I.R.B.48
2004-48, 2004-30 I.R.B.88
2004-49, 2004-30 I.R.B.88
2004-50, 2004-33 I.R.B.196
2004-51, 2004-30 I.R.B.89
2004-52, 2004-32 I.R.B.168
2004-53, 2004-33 I.R.B.209
2004-54, 2004-33 I.R.B.209
2004-55, 2004-34 I.R.B.319
2004-56, 2004-35 I.R.B.375
2004-57, 2004-35 I.R.B.376
2004-58, 2004-39 I.R.B.520
2004-59, 2004-36 I.R.B.447
2004-60, 2004-40 I.R.B.564
Notices— Continued:
2004-61, 2004-41 I.R.B.596
2004-62, 2004-40 I.R.B.565
2004-63, 2004-41 I.R.B.597
2004-64, 2004-41 I.R.B.598
2004-65, 2004-41 I.R.B.599
2004-66, 2004-42 I.R.B.677
2004-67, 2004-41 I.R.B.600
2004-68, 2004-43 I.R.B.706
2004-69, 2004-43 I.R.B.706
Proposed Regulations:
REG-208246-90, 2004-36 I.R.B.450
REG-138176-02, 2004-43 I.R.B.710
REG-153841-02, 2004-31 I.R.B.145
REG-163679-02, 2004-35 I.R.B.390
REG-163909-02, 2004-38 I.R.B.499
REG-108637-03, 2004-37 I.R.B.472
REG-120616-03, 2004-37 I.R.B.474
REG-124405-03, 2004-35 I.R.B.394
REG-131486-03, 2004-28 I.R.B.36
REG-131786-03, 2004-38 I.R.B.500
REG-145987-03, 2004-39 I.R.B.523
REG-145988-03, 2004-42 I.R.B.693
REG-149524-03, 2004-39 I.R.B.528
REG-150562-03, 2004-32 I.R.B.175
REG-152549-03, 2004-36 I.R.B.451
REG-154077-03, 2004-37 I.R.B.476
REG-169135-03, 2004-42 I.R.B.697
REG-171386-03, 2004-37 I.R.B.477
REG-101282-04, 2004-42 I.R.B.698
REG-101447-04, 2004-34 I.R.B.344
REG-106889-04, 2004-38 I.R.B.501
REG-116265-04, 2004-38 I.R.B.505
REG-117307-04, 2004-28 I.R.B.39
REG-124872-04, 2004-39 I.R.B.533
REG-128767-04, 2004-39 I.R.B.534
REG-129274-04, 2004-40 I.R.B.567
REG-129706-04, 2004-37 I.R.B.478
REG-129771-04, 2004-36 I.R.B.453
REG-130863-04, 2004-39 I.R.B.538
REG-131264-04, 2004-38 I.R.B.506
REG-135898-04, 2004-40 I.R.B.568
REG-136481-04, 2004-37 I.R.B.480
Revenue Procedures:
2004-38, 2004-27 I.R.B.10
2004-39, 2004-29 I.R.B.49
2004-40, 2004-29 I.R.B.50
2004-41, 2004-30 I.R.B.90
2004-42, 2004-31 I.R.B.121
2004-43, 2004-31 I.R.B.124
2004-44, 2004-31 I.R.B.134
2004-45, 2004-31 I.R.B.140
2004-46, 2004-31 I.R.B.142
2004-47, 2004-32 I.R.B.169
Revenue Procedures— Continued:
2004-48, 2004-32 I.R.B.172
2004-49, 2004-33 I.R.B.210
2004-50, 2004-33 I.R.B.211
2004-51, 2004-33 I.R.B.294
2004-52, 2004-34 I.R.B.319
2004-53, 2004-34 I.R.B.320
2004-54, 2004-34 I.R.B.325
2004-55, 2004-34 I.R.B.343
2004-56, 2004-35 I.R.B.376
2004-57, 2004-38 I.R.B.498
2004-58, 2004-41 I.R.B.602
2004-59, 2004-42 I.R.B.678
2004-60, 2004-42 I.R.B.682
2004-61, 2004-43 I.R.B.707
Revenue Rulings:
2004-63, 2004-27 I.R.B.6
2004-64, 2004-27 I.R.B.7
2004-65, 2004-27 I.R.B.1
2004-66, 2004-27 I.R.B.4
2004-67, 2004-28 I.R.B.28
2004-68, 2004-31 I.R.B.118
2004-69, 2004-36 I.R.B.445
2004-70, 2004-37 I.R.B.460
2004-71, 2004-30 I.R.B.74
2004-72, 2004-30 I.R.B.77
2004-73, 2004-30 I.R.B.80
2004-74, 2004-30 I.R.B.84
2004-75, 2004-31 I.R.B.109
2004-76, 2004-31 I.R.B.111
2004-77, 2004-31 I.R.B.119
2004-78, 2004-31 I.R.B.108
2004-79, 2004-31 I.R.B.106
2004-80, 2004-32 I.R.B.164
2004-81, 2004-32 I.R.B.161
2004-82, 2004-35 I.R.B.350
2004-83, 2004-32 I.R.B.157
2004-84, 2004-32 I.R.B.163
2004-85, 2004-33 I.R.B.189
2004-86, 2004-33 I.R.B.191
2004-87, 2004-32 I.R.B.154
2004-88, 2004-32 I.R.B.165
2004-89, 2004-34 I.R.B.301
2004-90, 2004-34 I.R.B.317
2004-91, 2004-35 I.R.B.357
2004-92, 2004-37 I.R.B.466
2004-93, 2004-37 I.R.B.462
2004-94, 2004-38 I.R.B.491
2004-95, 2004-38 I.R.B.492
2004-96, 2004-41 I.R.B.593
2004-97, 2004-39 I.R.B.516
2004-98, 2004-42 I.R.B.664
Tax Conventions:
2004-60, 2004-29 I.R.B.43
1
A cumulative list of all revenue rulings, revenueprocedures, Treasury decisions, etc., publishedin Internal Revenue Bulletins 2004–1 through 2004–26 is in Internal Revenue Bulletin
2004–26, dated June 28, 2004.
October 25, 2004ii2004–43 I.R.B.

Tax Conventions— Continued:
2004-81, 2004-42 I.R.B.675
Treasury Decisions:
9131, 2004-27 I.R.B.2
9132, 2004-28 I.R.B.16
9133, 2004-28 I.R.B.25
9134, 2004-30 I.R.B.70
9135, 2004-30 I.R.B.69
9136, 2004-31 I.R.B.112
9137, 2004-34 I.R.B.308
9138, 2004-32 I.R.B.160
9139, 2004-38 I.R.B.495
9140, 2004-32 I.R.B.159
9141, 2004-35 I.R.B.359
9142, 2004-34 I.R.B.302
9143, 2004-36 I.R.B.442
9144, 2004-36 I.R.B.413
9145, 2004-37 I.R.B.464
9146, 2004-36 I.R.B.408
9147, 2004-37 I.R.B.461
9148, 2004-37 I.R.B.460
9149, 2004-38 I.R.B.494
9150, 2004-39 I.R.B.514
9151, 2004-38 I.R.B.489
9152, 2004-39 I.R.B.509
9153, 2004-39 I.R.B.517
9154, 2004-40 I.R.B.560
9155, 2004-40 I.R.B.562
9156, 2004-42 I.R.B.669
9157, 2004-40 I.R.B.545
9158, 2004-42 I.R.B.665
9161, 2004-43 I.R.B.704
2004–43 I.R.B.iiiOctober 25, 2004

Findings List of Current Actions on
Previously Published Items
1
Bulletins 2004–27 through 2004–43
Announcements:
99-76
Obsoleted by
T.D. 9157, 2004-40 I.R.B.545
2003-54
Updated and superseded by
Ann. 2004-72, 2004-41 I.R.B.650
2004-70
Amended by
Ann. 2004-77, 2004-41 I.R.B.662
Notices:
88-128
Supplemented by
Notice 2004-61, 2004-41 I.R.B.596
98-65
Superseded by
Rev. Proc. 2004-40, 2004-29 I.R.B.50
2001-50
Modified by
Rev. Proc. 2004-46, 2004-31 I.R.B.142
2002-70
Modified by
Notice 2004-65, 2004-41 I.R.B.599
2003-76
Supplemented and superseded by
Notice 2004-67, 2004-41 I.R.B.600
Modified by
Notice 2004-65, 2004-41 I.R.B.599
2004-2
Modified by
Notice 2004-50, 2004-33 I.R.B.196
2004-2,
Corrected by
Ann. 2004-67, 2004-36 I.R.B.459
Proposed Regulations:
INTL-116-90
Withdrawn by
REG-208246-90, 2004-36 I.R.B.450
REG-208254-90
Withdrawn by
REG-136481-04, 2004-37 I.R.B.480
REG-104683-00
Partially withdrawn by
Ann. 2004-64, 2004-35 I.R.B.402
REG-165579-02
Withdrawn by
Ann. 2004-69, 2004-39 I.R.B.542
Proposed Regulations— Continued:
REG-150562-03
Corrected by
Ann. 2004-68, 2004-38 I.R.B.508
Ann. 2004-73, 2004-39 I.R.B.543
Revenue Procedures:
79-61
Superseded by
Rev. Proc. 2004-44, 2004-31 I.R.B.134
89-37
Obsoleted by
Rev. Rul. 2004-90, 2004-34 I.R.B.317
94-64
Superseded by
Rev. Proc. 2004-38, 2004-27 I.R.B.10
96-18
Obsoleted by
Rev. Rul. 2004-90, 2004-34 I.R.B.317
96-53
Superseded by
Rev. Proc. 2004-40, 2004-29 I.R.B.50
96-60
Superseded by
Rev. Proc. 2004-53, 2004-34 I.R.B.320
98-41
Superseded by
Rev. Proc. 2004-56, 2004-35 I.R.B.376
2000-37
Modified by
Rev. Proc. 2004-51, 2004-33 I.R.B.294
2002-9
Modified and amplified by
Rev. Proc. 2004-41, 2004-30 I.R.B.90
2003-28
Superseded by
Rev. Proc. 2004-58, 2004-41 I.R.B.602
2003-30
Superseded by
Rev. Proc. 2004-54, 2004-34 I.R.B.325
2003-52
Superseded by
Rev. Proc. 2004-50, 2004-33 I.R.B.211
2003-80
Superseded by
Rev. Proc. 2004-60, 2004-42 I.R.B.682
2004-4
Modified by
Rev. Proc. 2004-44, 2004-31 I.R.B.134
2004-23
Modified by
Rev. Proc. 2004-57, 2004-38 I.R.B.498
Revenue Rulings:
54-379
Superseded by
Rev. Rul. 2004-68, 2004-31 I.R.B.118
58-120
Obsoleted by
Rev. Rul. 2004-90, 2004-34 I.R.B.317
62-60
Amplified by
Rev. Proc. 2004-53, 2004-34 I.R.B.320
70-58
Obsoleted by
Rev. Rul. 2004-90, 2004-34 I.R.B.317
73-354
Obsoleted by
Rev. Rul. 2004-76, 2004-31 I.R.B.111
78-371
Distinguished by
Rev. Rul. 2004-86, 2004-33 I.R.B.191
79-64
Obsoleted by
Rev. Rul. 2004-90, 2004-34 I.R.B.317
80-7
Amplified and clarified by
Rev. Rul. 2004-71, 2004-30 I.R.B.74
Rev. Rul. 2004-72, 2004-30 I.R.B.77
Rev. Rul. 2004-73, 2004-30 I.R.B.80
Rev. Rul. 2004-74, 2004-30 I.R.B.84
80-366
Obsoleted by
Rev. Rul. 2004-90, 2004-34 I.R.B.317
81-100
Clarified and modified by
Rev. Rul. 2004-67, 2004-28 I.R.B.28
85-70
Amplified and clarified by
Rev. Rul. 2004-71, 2004-30 I.R.B.74
Rev. Rul. 2004-72, 2004-30 I.R.B.77
Rev. Rul. 2004-73, 2004-30 I.R.B.80
Rev. Rul. 2004-74, 2004-30 I.R.B.84
92-105
Distinguished by
Rev. Rul. 2004-86, 2004-33 I.R.B.191
2004-75
Amplified by
Rev. Rul. 2004-97, 2004-39 I.R.B.516
Treasury Decisions:
9031
Removed by
T.D. 9152, 2004-39 I.R.B.509
1
A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2004–1 through 2004–26 is in Internal Revenue Bulletin 2004–26, dated June 28, 2004.
October 25, 2004iv2004–43 I.R.B.

INDEX
Internal Revenue Bulletins 2004–27 through
2004–43
The abbreviation and number in parenthesis following the index entry
refer to the specific item; numbers in roman and italic type following
the parentheses refer to the Internal Revenue Bulletin in which the item
may be found and the page number on which it appears.
Key to Abbreviations:
AnnAnnouncement
CDCourt Decision
DODelegation Order
EOExecutive Order
PLPublic Law
PTEProhibited Transaction Exemption
RPRevenue Procedure
RRRevenue Ruling
SPRStatement of Procedural Rules
TCTax Convention
TDTreasury Decision
TDOTreasury Department Order
EMPLOYEE PLANS
Exemption from tax, section 457(b), group or pooled trusts (RR
67) 28,28
Form 5500, Schedule B, additional instructions for line 8c (Ann
80) 41,663
Full funding limitations, weighted average interest rate for:
July 2004 (Notice 51) 30,89
August 2004 (Notice 56) 35,375
September 2004 (Notice 60) 40,564
October 2004 (Notice 69) 43,706
Health benefits, defined benefit plan, waiver (RR 65) 27,1
Minimum funding standards:
Amortization, extensions (RP 44) 31,134
Current liability, alternative deficit reduction, amendments
(Notice 59) 36,447
Florida disaster relief (Notice 62) 40,565
Nonbank trustee and custodian, approval list (Ann 72) 41,650
Obsolete rulings (RR 90) 34,317
Proposed Regulations:
26 CFR 1.408–2(e)(8)T, added; deemed IRAs in governmen-
tal plans/qualified nonbank trustee rules (REG–101447–04)
34,344
QJSA, relative value, retroactive annuity starting date (Ann 58)
29,66
Qualified retirement plans:
Age discrimination, pending withdrawal of proposed regula-
tions (Ann 57) 27,15
Deemed IRAs in qualified retirement plans, and governmental
plans/qualified nonbank trustee rules (TD 9142) 34,302;
(REG–101447–04) 34,344
Determination letters, staggered remedial amendments (Ann
71) 40,569
EMPLOYEE PLANS—Cont.
Model amendments for governmental section 457(b) plans
(RP 56) 35,376
Regulations:
26 CFR 1.408–2, amended; 1.408–2T, added; 1.408(q)–1,
added; 602.101, amended; deemed IRAs in qualified retire-
ment plans (TD 9142) 34,302
EMPLOYMENT TAX
Forms W-2, W-4, W-5, 941, and Schedule D (Form 941), infor-
mation reporting, successor employer, acquisitions, statutory
mergers, or consolidations (RP 53) 34,320
Information reporting, Forms W-2, W-4, W-5, 941, and Sched-
ule D (Form 941), successor employer, acquisitions, statutory
mergers, or consolidations (RP 53) 34,320
Obsolete rulings (RR 90) 34,317
Payment card transactions:
Limited exception, backup withholding (TD 9136) 31,112
Optional procedure for payors to determine reportable pay-
ments under sections 6041 and 6041A (RP 43) 31,124
Qualified Payment Card Agent (QPCA), requirements for
payment card organization to obtain QPCA determination
(RP 42) 31,121
Place for filing returns or other documents (TD 9156) 42,669
Publications, 1141, General Rules and Specifications for Substi-
tute Forms W-2 and W-3, revised (RP 54) 34,325
Regulations:
26 CFR 31.3406(g)–1, amended; 31.3406(j)–1, amended;
31.3406(j)–1T, removed; 301.6724–1, amended; 602.101,
amended; information reporting and backup withholding
for payment card transactions (TD 9136) 31,112
26 CFR 31.6091–1, amended; place for filing (TD 9156) 42,
669
Substitute Forms W-2 and W-3, general rules and specifications
(RP 54) 34,325
Treatment of amounts paid an employee as “reimbursements” for
parking expense, paid through a salary reduction (RR 98) 42,
664
ESTATE TAX
Generation-skipping transfer (GST) tax:
Deemed allocations, election out (REG–153841–02) 31,145
Exemption, automatic extension of time (RP 46) 31,142
Obsolete rulings (RR 90) 34,317
Place for filing returns or other documents (TD 9156) 42,669
Predeceased parent rule (REG–145988–03) 42,693
Proposed Regulations:
26 CFR 1.1001–1, amended; 21.2600–1, amended;
26.2642–6, added; 26.2654–1, amended; qualified sever-
ance of a trust for generation-skipping transfer (GST) tax
purposes (REG–145987–03) 39,523
26 CFR 26.2600–1, amended; 26.2632–1, amended; election
out of GST deemed allocations (REG–153841–02) 31,145
2004–43 I.R.B.vOctober 25, 2004

ESTATE TAX—Cont.
26 CFR 26.2600–1, amended; 26.2612–1, amended;
26.2651–1, –2, –3, added; predeceased parent rule
(REG–145988–03) 42,693
Qualified terminable interest property (QTIP), simplified
method, request relief to make late election (RP 47) 32,169
Regulations:
26 CFR 20.6091–1, –2, amended; place for filing (TD 9156)
42,669
Tax reimbursement clause, gift and estate tax consequences (RR
64) 27,7
Trusts, qualified severance for generation-skipping transfer
(GST) tax purposes (REG–145987–03) 39,523
EXCISE TAX
Advance notice of proposed rulemaking requesting information
about technologies, services, and methods for transmitting
voice and data communications (Ann 61) 29,67
Communications services excise tax, scope (Notice 57) 35,376
Duties of collector of collected excise taxes (TD 9149) 38,494;
(REG–163909–02) 38,499
Florida, dyed diesel fuel, relief from penalty under section 6715
(Ann 70) 39,543; extension (Ann 77) 41,662
Obsolete rulings (RR 90) 34,317
Place for filing returns or other documents (TD 9156) 42,669
Primarily designed test to determine if vehicle is a truck or a
highway tractor, application (RR 80) 32,164
Proposed Regulations:
26 CFR 40.6302(c), amended; 49.4291–1, amended; col-
lected excise taxes, duties of collector (REG–163909–02)
38,499
26 CFR 48.4081–1, –3, amended; entry of taxable fuel
(REG–120616–03) 37,474
Regulations:
26 CFR 40.6091–1, amended; 41.6091–1, amended;
44.6091–1, amended; 53.6091–1, –2, amended; 55.6091–1,
–2, amended; 156.6091–1, –2, amended; place for filing
(TD 9156) 42,669
26 CFR 40.6302(c)–3, amended; 40.6302(c)–3T, added;
49.4291–1, amended; 49.4291–1T, added; collected excise
taxes, duties of collector (TD 9149) 38,494
26 CFR 48.4081–1, –3, –5, amended; 48.4081–1T, –3T,
added; 602.101, amended; entry of taxable fuel (TD 9145)
37,464
26 CFR 157.5891–1, added; 157.5891–1T, removed;
157.6001–1, added; 157.6001–1T, removed; 157.6011–1,
added; 157.6011–1T, removed; 157.6061–1, added;
157.6061–1T, removed; 157.6065–1, added; 157.6065–1T,
removed; 157.6071–1, added; 157.6071–1T, removed;
157.6081–1, added; 157.6081–1T, removed; 157.6091–1,
added; 157.6091–1T, removed; 157.6151–1, added;
157.6151–1T, removed; 157.6161–1, added; 157.6161–1T,
removed; 157.6165–1, added; 157.6165–1T, removed;
602.101, amended; excise tax relating to structured settle-
ment factoring transactions (TD 9134) 30,70
EXCISE TAX—Cont.
Structured settlement factoring transactions (TD 9134) 30,70
Taxable fuel, entry into the United States (TD 9145) 37,464;
(REG–120616–03) 37,474
EXEMPT ORGANIZATIONS
List of organizations classifiedas private foundations (Ann 62)
30,102; (Ann 66) 35,402; (Ann 76) 40,588; (Ann 85) 43,712
Notification of amendments to section 501(c)(15), insurance
companies, tax-exempt property (Notice 64) 41,598
Obsolete rulings (RR 90) 34,317
Revocations (Ann 55) 27,15; (Ann 65) 33,300; (Ann 78) 40,
592
Suspension of tax-exempt statusof terrorist organization (Ann
56) 28,41; (Ann 74) 40,579
GIFT TAX
Determination of qualified interests (REG–163679–02) 35,390
Generation-skipping transfer (GST) tax:
Deemed allocations, election out (REG–153841–02) 31,145
Exemption, automatic extension of time (RP 46) 31,142
Obsolete rulings (RR 90) 34,317
Place for filing returns or other documents (TD 9156) 42,669
Proposed Regulations:
26 CFR 25.2702–0, –2, –3, –7, amended; qualified interests
(REG–163679–02) 35,390
26 CFR 26.2600–1, amended; 26.2632–1, amended; election
out of GST deemed allocations (REG–153841–02) 31,145
Regulations:
26 CFR 25.6091–1, –2, amended; place for filing (TD 9156)
42,669
Tax reimbursement clause, gift and estate tax consequences (RR
64) 27,7
INCOME TAX
Adjustment to net unrealized built-in gain (REG–131486–03) 28,
36
Alternative methods of signing, income tax return preparers (No-
tice 54) 33,209
Annual income recertification of tenant income under section
42(g)(8)(B), waiver (RP 38) 27,10
APA Program, administration (RP 40) 29,50
Bankruptcy and golden parachute payments (RR 87) 32,154
Book-tax difference, disclosure (RP 45) 31,140
Business and traveling expenses, per diem allowances for 2005
(RP 60) 42,682
Charitable contributions:
Allocation and apportionment of deductions (TD 9143) 36,
442; (REG–208246–90) 36,450
Charitable contributions, conservation easements (Notice 41)
28,31
Classification of certain foreign entities (Notice 68) 43,706
October 25, 2004vi2004–43 I.R.B.

INCOME TAX—Cont.
Commodity Futures Trading Commission (CFTC):
NQLX designated as contract market permitted to list securi-
ties futures contracts (SFCs) (RR 94) 38,491
OneChicago designated as contract market permitted to list
SFCs (RR 95) 38,492
Consolidatedreturns,intercompanytransactions
(REG–131264–04) 38,506
Corporations:
Deemed election to be an association taxable as a corporation
for a qualified electing S corporation (TD 9139) 38,495;
(REG–131786–03) 38,500
Determining subsidiary stock loss for consolidated groups
(TD 9154) 40,560; (REG–135898–04) 40,568
Distributions, income from the discharge of indebtedness, is-
suer’s re-purchase of indebtedness (RR 79) 31,106
Dually chartered entity, entity classification, classification of
organizations (TD 9153) 39,516; (REG–124872–04) 39,
533
Guidance under section 951 for determining pro rata share,
foreign corporation (REG–129771–04) 36,453
Reorganizations:
Consolidated returns, section 304 stock redemptions, step-
transaction doctrine (RR 83) 32,157
Exchange of a debt instrument (RR 78) 31,108
Stock basis computation (Notice 44) 28,32
Transfers of assets or stockfollowing a reorganization
(REG–130863–04) 39,538
Under section 368(a)(1)(E) or (F) (REG–106889–04) 38,
501
Using signing date stock values to measure continuity of
interest (REG–129706–04) 37,478
S corporation, late election relief (RP 48) 32,172
Stapled foreign corporation, definition and tax treatment
(REG–101282–04) 42,698
Transfers of assets or stock following a reorganization, with-
drawal of REG–165579–02 (Ann 69) 39,542
Credits:
Deemed-paid credit computation, foreign tax credit, sepa-
rate categories of income, dividends, partial withdrawal of
REG–104683–00 (Ann 64) 35,402
Enhanced oil recovery credit, 2004 inflation adjustment (No-
tice 49) 30,87
Foreign tax credit limitation, capital gains (or losses), quali-
fied dividend income, election not to apply, rents and roy-
alties, allocation of foreign taxes, foreign personal holding
income, export financing interest (TD 9141) 35,359
Low-income housing credit:
Carryovers to qualified states, 2004 National Pool (RP 52)
34,319
Questions and Answers II (RR 82) 35,350
Satisfactory bond, “bond factor” amounts for the period:
July through September 2004 (RR 89) 34,301
Suspension of certain incomelimitations under section 42
(Notice 66) 42,677
Delaware statutory trust, classification (RR 86) 33,191
INCOME TAX—Cont.
Depreciation:
MACRS, changes in use (TD 9132) 28,16
Of vans and light trucks (TD 9133) 28,25
Disciplinary actions involving attorneys, CPAs, enrolled agents,
and enrolled actuaries (Ann 63) 31,149
Disclosure of returns and return information, and confidentiality
(RR 68) 31,118
Disregarded entities:
Guidance (RR 77) 31,119
Treatment under section 752 (REG–128767–04) 39,534
Election to expense certain depreciable business property (TD
9146) 36,408; (REG–152549–03) 36,451
Electronic filing:
Electronic and magnetic filing,specifications for Forms 1098,
1099, 5498, and W-2G (RP 50) 33,211
Of duplicate Forms 5472 (TD 9161) 43,704
Update to Rev. Proc. 2001–31, Archer MSAs (Ann 83) 43,
712
Foreign currency denominated contingent payment debt instru-
ments (TD 9157) 40,545
Forms:
1042-S, changes affecting taxyear 2004 electronic or mag-
netic filing (Ann 79) 41,662
1096, 1098, 1099, 5498, W-2G, and 1042-S, substitute form
specifications (RP 58) 41,602
8851, Summary of Archer MSAs, required to be filed for tax
year 2004, update to Rev. Proc. 2001–31, electronic or
magnetic filing (Ann 83) 43,712
Frivolous tax returns, U. S. Virgin Islands, meritless filing posi-
tion based on sections 932(c)and 934(b) (Notice 45) 28,33
Gross income, advance payments, year of inclusion (TD 9135)
30,69
Health Coverage Tax Credit (HCTC), information reporting for
advance payments (Notice 47) 29,48
Health Savings Accounts (HSAs):
Additional HSA Q&As (Notice 50) 33,196
CorrectiontoNotice2004–2(Ann67)36,459
Transition relief for state mandates (Notice 43) 27,10
Institute on International Tax Issues (Ann 84) 43,712
Insurance companies:
Deduction of incentive payments made to health care
providers (RP 41) 30,90
Domestic asset/liability and investment yield percentages for
foreign insurance companies (RP 55) 34,343
Withholding annuity payments, branches, Puerto Rico,
7805(b) (RR 97) 39,516
Interest:
Election to treat qualified dividend income as investment in-
come (TD 9147) 37,461; (REG–171386–03) 37,477
Investment:
Federal short-term, mid-term, and long-term rates for:
July 2004 (RR 66) 27,4
August 2004 (RR 84) 32,163
September 2004 (RR 69) 36,445
October 2004 (RR 96) 41,593
2004–43 I.R.B.viiOctober 25, 2004

INCOME TAX—Cont.
Rates:
Farm real property, special use value (RR 63) 27,6
Underpayments and overpayments, quarter beginning:
October 1, 2004 (RR 92) 37,466
Inventory:
LIFO, price indexes used by department stores for:
May 2004 (RR 81) 32,161
June 2004 (RR 91) 35,357
July 2004 (RR 93) 37,462
LIFO recapture under section1363(d) (REG–149524–03) 39,
528
Life insurance:
Annuity payments (RR 75) 31,109
Contracts, prevailing mortality tables (Notice 61) 41,596
Like-kind exchanges, qualified exchange accommodation
(“parking”) arrangements (RP 51) 33,294
Loan origination fees and capitalized interest, information re-
porting under section 6050S for payments (Notice 63) 41,597
Loss carryovers from separate return limitation years, treatment
(TD 9155) 40,562; (REG–129274–04) 40,567
Marginal production rates, 2004 (Notice 48) 30,87
Methods of accounting:
Change in section 481(a) adjustment periods (TD 9131) 27,2
Extension of time to file written statement containing infor-
mation necessary to obtain automatic consent for change
(RP 57) 38,498
Nuclear decommissioning funds, allocating purchase price in
certain deemed and actual asset acquisitions (TD 9158) 42,
665; (REG–169135–03) 42,697
Obsolete rulings (RR 90) 34,317
Offsets of refunds for taxpayers domiciled in:
Arizona or Wisconsin (RR 71) 30,74
California, Idaho, or Louisiana (RR 72) 30,77
Nevada, New Mexico, or Washington (RR 73) 30,80
Texas (RR 74) 30,83
Optional 10-year writeoff, rules governing time and manner
for making and revoking an election under section 59(e)
(REG–124405–03) 35,394
Partnerships:
Application of section 761, request for comments (Notice 53)
33,209
Application of section 1045 (REG–150562–03) 32,175;cor-
rection (Ann 68) 38,508; correction (Ann 73) 39,543
Disregarded entity, small partnership not excluded from
TEFRA provisions, tax matters partner (RR 88) 32,165
Transactions involving long-term contracts (TD 9137) 34,308
Payment card transactions:
Limited exception, backup withholding (TD 9136) 31,112
Optional procedure for payors to determine reportable pay-
ments under sections 6041 and 6041A (RP 43) 31,124
Qualified Payment Card Agent (QPCA), requirements for
payment card organization to obtain QPCA determination
(RP 42) 31,121
Place for filing returns or other documents (TD 9156) 42,669
INCOME TAX—Cont.
Pre-Filing Agreement program, annual report for CY 2003,
Large and Mid-Size Business Division (LMSB) (Ann 59) 30,
93
Private foundations, organizations now classified as (Ann 62) 30,
102; (Ann 66) 35,402; (Ann 76) 40,588; (Ann 85) 43,712
Proposed Regulations:
26 CFR 1.59–1, added; optional 10-year writeoff of certain
tax preferences (REG–124405–03) 35,394
26 CFR 1.163(d)–1, revised; time and manner of making sec-
tion 163(d)(4)(B) election to treat qualified dividend in-
come as investment income (REG–171386–03) 37,477
26 CFR 1.179–2, –4, –5, amended; 1.179–6, revised; section
179 elections (REG–152549–03) 36,451
26 CFR 1.269B–1, added; 1.367(b)–2(g), revised;
301.269B–1, added; treatment of a stapled foreign corpo-
ration under sections 269B and 367(b) (REG–101282–04)
42,698
26 CFR 1.338–6, amended; 1.1060–1, amended; treatment
of certain nuclear decommissioning funds for purposes of
allocating purchase price in certain deemed and actual asset
acquisitions (REG–169135–03) 42,697
26 CFR 1.368–1, amended; corporate reorganizations;
guidance on the measurement of continuity of interest
(REG–129706–04) 37,478
26 CFR 1.368–1, –2, amended; corporate reorganizations,
transfers of assets or stock following a reorganization
(REG–130863–04) 39,538
26 CFR 1.368–1(b), –2, amended; reorganizations under sec-
tion 368(a)(1)(E) or (F) (REG–106889–04) 38,501
26 CFR 1.704–2, amended; 1.752–2, amended; treatment of
disregarded entities under section 752 (REG–128767–04)
39,534
26 CFR 1.860F–4, amended; real estate mortgage investment
conduits (REMICs) (REG–154077–03) 37,476
26 CFR 1.861–4, amended; source of compensation for labor
or personal services (REG–136481–04) 37,480
26 CFR 1.861–8(e)(12), added;1.861–14, revised; allocation
and apportionment of deductions for charitable contribu-
tions (REG–208246–90) 36,450
26 CFR 1.864–4, revised; stock held by foreign insurance
companies (REG–117307–04) 28,39
26 CFR 1.951–1, amended; guidance under section 951 for
determining pro rata share (REG–129771–04) 36,453
26 CFR 1.1031(a), (j), amended; additional rules for ex-
changes of personal property under section 1031(a)
(REG–116265–04) 38,505
26 CFR 1.1045–1, added; section 1045 application to partner-
ships (REG–150562–03) 32,175; correction (Ann 68) 38,
508; correction (Ann 73) 39,543
26 CFR 1.1271–0, amended; 1.1275–2, amended; accrual for
certain REMIC regular interests (REG–108637–03) 37,472
26 CFR 1.1363–2, amended; LIFO recapture under section
1363(d) (REG–149524–03) 39,528
26 CFR 1.1374–3, amended; 1.1374–10, revised, adjustment
to net unrealized built-in gain (REG–131486–03) 28,36
October 25, 2004viii2004–43 I.R.B.

INCOME TAX—Cont.
26 CFR 1.1502–13, amended; consolidated returns; intercom-
pany transactions (REG–131264–04) 38,506
26 CFR 1.1502–20, –32, amended; extension of time to elect
method for determining allowable loss (REG–135898–04)
40,568
26 CFR 1.1502–32, amended; treatment of loss carryovers
from separate return limitation years (REG–129274–04)
40,567
26 CFR 301.7502–1, amended; timely mailing treated as
timely filing (REG–138176–02) 43,710
26 CFR 301.7701–1(d), –5, revised; 301.7701–2(b)(9),
added; clarification of definitions (REG–124872–04) 39,
533
26 CFR 301.7701–3, amended; deemed election to be an as-
sociation taxable as a corporation for a qualified electing S
corporation (REG–131786–03) 38,500
Publications:
1141, General Rules and Specifications for Substitute Forms
W-2 and W-3, revised (RP 54) 34,325
1179, General Rules and Specifications for Substitute Forms
1096, 1098, 1099, 5498, W-2G, and 1042-S (RP 58) 41,
602
1187, changes affecting tax year 2004 electronic or magnetic
filing of Form 1042-S (Ann 79) 41,662
1220, Specifications for Filing Forms 1098, 1099, 5498, and
W-2G Electronically or Magnetically (RP 50) 33,211
Qualified residential rental projects, obligations of states and po-
litical subdivisions (RP 39) 29,49
Qualified transportation fringes, use of a debit card (Notice 46)
29,46
Qualified Zone Academy Bonds (QZABs), allocations for 2004
(RP 61) 43,707
Real estate mortgage investment conduits (REMICs):
Accrual for certain REMIC regular interests
(REG–108637–03) 37,472
Applicationofpartnershipauditprovisions
(REG–154077–03) 37,476
Interest-only REMIC regular interests, advance notice of pro-
posedrulemaking(Ann75)40,580
Regulations:
26 CFR 1.61–8, amended; rents and royalties (TD 9135) 30,
69
26 CFR 1.83–7, amended; 1.83–7T, removed; transfers of
compensatory options (TD 9148) 37,460
26 CFR 1.121–3, amended; 1.121–3T, removed; 1.121–5,
added; reduced maximum exclusion of gain from sale or
exchange of principal residence (TD 9152) 39,509
26 CFR 1.141–0, –16, amended; 1.142–0, –2, amended; re-
medial actions applicable totax-exempt bonds issued by
state and local governments (TD 9150) 39,514
26 CFR 1.163(d)–1, revised; 1.163(d)–1T, added; time and
manner of making section 163(d)(4)(B) election to treat
qualified dividend income as investment income (TD 9147)
37,461
26 CFR 1.168(i)–0, –1, –1T, amended; 1.168(i)–4, added;
changes in use under section 168(i)(5) (TD 9132) 28,16
INCOME TAX—Cont.
26 CFR 1.179–0, –2, –4, –5, amended; 1.179–2T, –4T, –5T,
–6T, added; 602.101, amended; section 179 elections (TD
9146) 36,408
26 CFR 1.263A–7, revised; 1.448–1, amended; administra-
tive simplification of section 481(a) adjustment periods in
various regulations (TD 9131) 27,2
26 CFR 1.280F–1T through –5T, –6, –7, amended; 1.280F–6T
redesignated as 1.280F–6; depreciation of vans and light
trucks (TD 9133) 28,25
26 CFR 1.338–0, –6, amended; 1.338–6T, added; 1.1060–1,
amended; 1.1060–1T, added; treatment of certain nuclear
decommissioning funds for purposes of allocating purchase
price in certain deemed and actual asset acquisitions (TD
9158) 42,665
26 CFR 1.421–1 through –6, removed; 1.421–7 renumbered
as 1.421–1 and amended; 1.421–8 renumbered as 1.421–2
and amended; 1.422–1, –2, –4, –5, added; 1.422–4, re-
moved; 1.422–5 renumbered as 1.422–3; 1.423–1, –2,
amended; 1.425–1 renumbered as 1.424–1 and amended;
1.6039–1, –2, removed; 1.6039–1, added; Part 14a, re-
moved; statutory options (TD 9144) 36,413
26 CFR 1.460–0, –4, –6, amended; 1.704–3, amended;
1.722–1, amended; 1.723–1, amended; 1.732–1, amended;
1.734–1, amended; 1.743–1, amended; 1.751–1, amended;
1.755–1, amended; 1.1362–3, amended; 1.1377–1,
amended; partnership transactions involving long-term
contracts (TD 9137) 34,308
26 CFR 1.461–2, amended; transfers to provide for satisfac-
tion of contested liabilities (TD 9140) 32,159
26 CFR 1.463–1T, removed; transitional rule for vested ac-
crued vacation pay (TD 9138) 32,160
26 CFR 1.861–8, –8T, –14T, amended; allocation and ap-
portionment of deductions for charitable contributions (TD
9143) 36,442
26 CFR 1.904–0, –4, –6, amended; 1.904–5, revised;
1.904(b)–1, –2, revised; 1.904(b)–3, –4, removed;
1.904(j)–1, added; 1.954–2, amended; application of
section 904 to income subject to separate limitations (TD
9141) 35,359
26 CFR 1.988–0, –2, amended; 1.988–6, added; 1.1275–2,
–4, amended; 602.101(b), amended; guidance regarding
the treatment of certain contingent payment debt instru-
ments with one or more payments that are denominated in,
or determined by reference to, nonfunctional currency (TD
9157) 40,545
26 CFR 1.1031(a)–2, revised; 1.1031(a)–2T, added; addi-
tional rules for exchanges of personal property under sec-
tion 1031(a) (TD 9151) 38,489
26 CFR 1.1502–20T, –32T, amended; extension of time to
elect method for determining allowable loss (TD 9154) 40,
560
26 CFR 1.1502–32T, amended; treatment of loss carryovers
from separate return limitation years (TD 9155) 40,562
26 CFR 1.6038A–1, –2, amended; 1.6038A–2T, removed;
electronic filing of duplicate Forms 5472 (TD 9161) 43,704
2004–43 I.R.B.ixOctober 25, 2004

INCOME TAX—Cont.
26 CFR 1.6091–1 through –4, amended; 301.6091–1,
amended; place for filing (TD 9156) 42,669
26 CFR 31.3406(g)–1, amended; 31.3406(j)–1, amended;
31.3406(j)–1T, removed; 301.6724–1, amended; 602.101,
amended; information reporting and backup withholding
for payment card transactions (TD 9136) 31,112
26 CFR 301.7701–1, –3, –5, revised; 301.7701–1T, –2(b)(9),
–2T, –5T, added; clarification of definitions (TD 9153) 39,
516
26 CFR 301.7701–3, amended; 301.7701–3T, added; deemed
election to be an association taxable as a corporation for a
qualified electing S corporation (TD 9139) 38,495
Revocations, exempt organizations (Ann 55) 27,15;(Ann65)
33,300; (Ann 78) 40,592
S corporations:
Mergers, effect on qualified subchapter S subsidiary (QSub),
termination (RR 85) 33,189
Relief request for late qualified subchapter S subsidiary
(QSub) election (RP 49) 33,210
Sale or exchange of principal residence, reduced maximum ex-
clusion (TD 9152) 39,509
Source of compensation for labor or personal services
(REG–136481–04) 37,480
Standard Industrial Classification (SIC) system replaced with
North American Industry Classification System (NAICS),
properties of like class (TD 9151) 38,489; (REG–116265–04)
38,505
Standard Industry Fare Level (SIFL) formula (RR 70) 37,460
Stocks:
Consolidated returns, subsidiary stock loss (Notice 58) 39,
520
Held by foreign insurance companies (REG–117307–04) 28,
39
Options granted under an employer stock purchase plan (No-
tice 55) 34,319
Statutory options (TD 9144) 36,413
Transfers:
Of compensatory stock options (TD 9148) 37,460
Of stock, asserted liability (TD 9140) 32,159
Substitute Forms:
W-2 and W-3, general rules and specifications (RP 54) 34,
325
1096, 1098, 1099, 5498, W-2G, and 1042-S, rules and speci-
fications (RP 58) 41,602
Tax conventions:
Guidance on effective dates under Japan treaty (Ann 60) 29,
43
New income tax treaty with Sri Lanka, supplemental tables of
income tax rates (Ann 81) 42,675
Treaty benefits for dual resident companies (RR 76) 31,111
Tax-exempt bonds, application of remedial action rules under
sections 141 and 142 (TD 9150) 39,514
Tax shelters:
Listed transactions (Notice 67) 41,600
Removal of producer owned reinsurance companies (PORCs)
from the list of “listed transactions” (Notice 65) 41,599
INCOME TAX—Cont.
Tax treatment of credit default swaps (CDSs) (Notice 52) 32,168
Timely mailing treated as timely filing (REG–138176–02) 43,
710
Vacation pay, removal of transitional rule (TD 9138) 32,160
Voluntary Compliance Program (VCP), section 1441 (RP 59) 42,
678
SELF-EMPLOYMENT TAX
Obsolete rulings (RR 90) 34,317
Place for filing returns or other documents (TD 9156) 42,669
Regulations:
26 CFR 31.6091–1, amended; place for filing (TD 9156) 42,
669
October 25, 2004x2004–43 I.R.B.
*U.S.Government Printing Office: 2004—304–778/60158