Internal Revenue Bulletin 2009-2 (PDF rendition): IRS Revenue Rulings

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Bulletin No. 200
9-2
January 12, 2009
HIGHLIGHTS
OF THIS ISSUE
These synopses are intended only as aids to the reader in
identifying the subject matter covered. They may not be
relied upon as authoritative interpretations.
INCOME TAX
Rev. Rul. 2009–1, page 248.
Federal rates; adjusted federal rates; adjusted federal
long-term rate and the long-term exempt rate.For pur-
poses of sections 382, 642, 1274, 1288, and other sections
of the Code, tables set forth the rates for January 2009.
Notice 2009–4, page 251.
Basis determination.This notice sets forth the substance
of the guidance that the IRS currently contemplates issuing
regarding the determination of basis in stock that is acquired in
reorganizations described in section 368(a)(1)(B) of the Code
and other transferred basis transactions.
Rev. Proc. 2009–10, page 267.
This procedure provides a safe harbor under which the Service
will not challenge the treatment of a payment or excess amount
received by a money market fund from a fund advisor before
January 1, 2010, if the money market fund treats the payment
or excess amount, as applicable, as short-term capital gain in
the taxable year in which it is received.
EMPLOYEE PLANS
Rev. Rul. 2009–2, page 245.
2009 covered compensation tables; permitted disparity.
The covered compensation tables under section 401 of the
Code for the year 2009 are provided for use in determining
contributions to defined benefit plans and permitted disparity.
Notice 2009–3, page 250.
This notice provides relief during 2009 for sponsors of section
403(b) plans with respect to the requirement to have a written
section 403(b) plan in place by January 1, 2009. This notice
also briefly describes other programs the Service intends to
establish relating to section 403(b) plans. Rev. Proc. 2007–71
modified.
EXEMPT ORGANIZATIONS
Rev. Proc. 2009–9, page 256.
Determination letters and rulings.This document sets forth
procedures for issuing determination letters and rulings on the
exempt status of organizations under sections 501 and 521 of
the Code. The procedures also apply to the revocation and
modification of determination letters or rulings, and provide
guidance on the exhaustion of administrative remedies for pur-
poses of declaratory judgment under section 7428. Rev. Proc.
2008–9 superseded.
ADMINISTRATIVE
Notice 2009–1, page 250.
This notice provides guidance regarding the restriction on
investment direction described in section 529(b)(4) of the
Code. The notice permits a change in investment strategy for
a section 529 account twice in calendar year 2009. Notice
2001–55 modified.
Finding Lists begin on page ii.

The IRS Mission
Provide Americ
a’s taxpayers top quality service by helping them
understand an
d meet their tax responsibilities and by applying
the tax law with
integrity and fairness to all.
Introduction
The Internal Revenue Bulletin is the authoritative instrument of
the Commissioner of Internal Revenue for announcing official
rulings and procedures of the Internal Revenue Service and for
publishing Treasury Decisions, Executive Orders, Tax Conven-
tions, legislation, court decisions, and other items of general
interest. It is published weekly and may be obtained from the
Superintendent of Documents on a subscription basis. Bulletin
contents are compiled semiannually into Cumulative Bulletins,
which are sold on a single-copy basis.
It is the policy of the Service to publish in the Bulletin all sub-
stantive rulings necessary to promote a uniform application of
the tax laws, including all rulings that supersede, revoke, mod-
ify, or amend any of those previously published in the Bulletin.
All published rulings apply retroactively unless otherwise indi-
cated. Procedures relating solely to matters of internal man-
agement are not published; however, statements of internal
practices and procedures that affect the rights and duties of
taxpayers are published.
Revenue rulings represent the conclusions of the Service on the
application of the law to the pivotal facts stated in the revenue
ruling. In those based on positions taken in rulings to taxpayers
or technical advice to Service field offices, identifying details
and information of a confidential nature are deleted to prevent
unwarranted invasions of privacy and to comply with statutory
requirements.
Rulings and procedures reported in the Bulletin do not have the
force and effect of Treasury Department Regulations, but they
may be used as precedents. Unpublished rulings will not be
relied on, used, or cited as precedents by Service personnel in
the disposition of other cases. In applying published rulings and
procedures, the effect of subsequent legislation, regulations,
court decisions, rulings, and procedures must be considered,
and Service personnel and others concerned are cautioned
against reaching the same conclusions in other cases unless
the facts and circumstances are substantially the same.
The Bulletin is divided into four parts as follows:
Part I.—19
86 Code.
This part i
ncludes rulings and decisions based on provisions of
the Intern
al Revenue Code of 1986.
Part II.—Treaties and Tax Legislation.
This part is divided into two subparts as follows: Subpart A,
Tax Conventions and Other Related Items, and Subpart B, Leg-
islation and Related Committee Reports.
Part III.—Administrative, Procedural, and Miscellaneous.
To the extent practicable, pertinent cross references to these
subjects are contained in the other Parts and Subparts. Also
included in this part are Bank Secrecy Act Administrative Rul-
ings. Bank Secrecy Act Administrative Rulings are issued by
the Department of the Treasury’s Office of the Assistant Secre-
tary (Enforcement).
Part IV
.—Items of General Interest.
This par
t includes notices of proposed rulemakings, disbar-
ment an
d suspension lists, and announcements.
The last Bulletin for each month includes a cumulative index
for the matters published during the preceding months. These
monthly indexes are cumulated on a semiannual basis, and are
published in the last Bulletin of each semiannual period.
The c
ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.
For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402.
January 12, 20092009–2 I.R.B.

Part I. Rulings
and Decisions Under the Internal Revenue Code
of 1986
Section 42.—Low-Income
Housing Credit
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of January 2009. See Rev. Rul. 2009-1, page 248.
Section 280G.—Golden
Parachute Payments
Federal short-term, mid-term, and long-term rates
are set forth for the month of January 2009. See Rev.
Rul. 2009-1, page 248.
Section 382.—Limitation
on Net Operating Loss
Carryforwards and Certain
Built-In Losses Following
Ownership Change
The adjusted applicable federal long-term rate is
set forth for the month of January 2009. See Rev.
Rul. 2009-1, page 248.
Section 401.—Qualified
Pension, Profit-Sharing,
and Stock Bonus Plans
26 CFR 1.401(l)–1: Permitted disparity in employer-
provided contributions or benefits.
2009 covered compensation tables;
permitted disparity.The covered com-
pensation tables under section 401 of the
Code for the year 2009 are provided for
use in determining contributions to de-
fined benefit plans and permitted disparity.
Rev. Rul. 2009–2
This revenue ruling provides ta-
bles of covered compensation under
§ 401(l)(5)(E) of the Internal Revenue
Code (the “Code”) and the Income Tax
Regulations, thereunder, for the 2009 plan
year.
Section 401(l)(5)(E)(i) defines covered
compensation with respect to an employee,
as the average of the contribution and ben-
efit bases in effect under section 230 of the
Social Security Act (the “Act”) for each
year in the 35-year period ending with the
year in which the employee attains social
security retirement age.
Section 401(l)(5)(E)(ii) of the Code
states that the determination for any year
preceding the year in which the employee
attains social security retirement age shall
be made by assuming that there is no in-
crease in covered compensation after the
determination year and before the em-
ployee attains social security retirement
age.
Section 1.401(l)–1(c)(34) defines the
taxable wage base as the contribution and
benefit base under section 230 of the Act.
Section 1.401(l)–1(c)(7)(i) defines cov-
ered compensation for an employee as the
average (without indexing) of the taxable
wage bases in effect for each calendar year
during the 35-year period ending with the
last day of the calendar year in which the
employee attains (or will attain) social
security retirement age. A 35-year pe-
riod is used for all individuals regardless
of the year of birth of the individual. In
determining an employee’s covered com-
pensation for a plan year, the taxable wage
base for all calendar years beginning after
the first day of the plan year is assumed
tobethesameasthetaxablewagebasein
effect as of the beginning of the plan year.
An employee’s covered compensation for
a plan year beginning after the 35-year pe-
riod applicable under §1.401(l)–1(c)(7)(i)
is the employee’s covered compensation
for a plan year during which the 35-year
period ends. An employee’s covered
compensation for a plan year beginning
before the 35-year period applicable under
§1.401(l)–1(c)(7)(i) is the taxable wage
base in effect as of the beginning of the
plan year.
Section 1.401(l)–1(c)(7)(ii) provides
that, for purposes of determining the
amount of an employee’s covered com-
pensation under §1.401(l)–1(c)(7)(i), a
plan may use tables, provided by the Com-
missioner, that are developed by rounding
the actual amounts of covered compensa-
tion for different years of birth.
For purposes of determining covered
compensation for the 2009 year, the tax-
able wage base is $106,800.
The following tables provide covered
compensation for 2009:
ATTACHMENT I
2009 COVERED COMPENSATION TABLE
CALENDAR
YEAR OF
BIRTH
CALENDAR YEAR OF
SOCIAL SECURITY
RETIREMENT AGE
2009 COVERED
COMPENSATION
TABLE II
19071972
$4,488
1
908
1
973
4,
704
19091974
5,004
1910
19755,316
19111976
5,664
191219776,060
191319786,480
191419797,044
1915
19807,692
191619818,460
2009–2 I.R.B.245January 12, 2009

ATTACHMENT I
2009 COVERED COMPENSATION TABLE
CALENDAR
YEAR OF
BIRTH
CALENDAR YEAR OF
SOCIAL SECURITY
RETIREMENT AGE
2009 COVERED
COMPENSATION
TABLE II
191719829,300
1918198310,236
1919198411,232
1920
1985
12,276
1921198613,368
19221987
14,520
19231988
15,708
1924198916,968
1925
199018,312
1926199119,728
1927199221,192
1928199322,716
1929199424,312
1930
199525,920
19311996
27,576
1932199729,304
1933199831,128
1934199933,060
1935
2000
35,100
1936200137,212
1937200239,444
1938200443,992
1939
2005
46,344
1940200648,816
19412007
51,348
19422008
53,952
19432009
56,628
19442010
59,268
1945
201161,884
1946201264,464
1947201367,008
1948201469,408
1949
2015
71,724
1950
201673,920
1951
201776,044
1952
201878,084
1953
2019
80,052
1954
202081,972
1955
2022
85,620
1956
202387,384
1957
202489,064
19582025
90,660
1959
202692,184
1960202793,648
19612028
95,052
1962202996,372
1963203097,680
1964203198,940
1965
2032100,116
19662033101,220
19672034102,192
1968
2035
103,068
19692036103,824
19702037104,448
19712038
105,012
19722039
105,552
January 12, 20092462009–2 I.R.B.

ATTACHMENT I
2009 COVERED COMPENSATION TABLE
CALENDAR
YEAR OF
BIRTH
CALENDAR YEAR OF
SOCIAL SECURITY
RETIREMENT AGE
2009 COVERED
COMPENSATION
TABLE II
19732040106,032
19742041106,392
1975
2042
106,656
1976 and Later2043106,800
ATTACHMENT II
2009 ROUNDED COVERED COMPENSATION TABLE
CALENDAR
YEAR OF
BIRTH
2009 COVERED
COMPENSATION
ROUNDED
1937
$ 39,000
1938 - 1939
45,000
194048,000
1941
51,000
1942
54,000
1943
57,000
194460,000
1945 - 1946
63,000
194766,000
194869,000
194972,000
1950 - 195175,000
1952
78,000
1953 - 1954
81,000
1955 - 1956
87,000
1957 - 1958
90,000
1959 - 1960
93,000
1961 - 196296,000
1963 - 1965
99,000
1966 - 1968102,000
1969 - 1972
105,000
1973 and Later106,800
DRAFTING INFORMATION
The principal author of this revenue
ruling is Michael Spaid of the Employee
Plans, Tax Exempt and Government Enti-
ties Division. For further information re-
garding this revenue ruling, please contact
the Employee Plans taxpayer assistance
telephone service at 1–877–829–5500,
between the hours of 8:30 a.m. and
4:30 p.m.Eastern time, Monday
through Friday (a toll-free number).
Mr. Spaid may be reached via e-mail at
RetirementPlanQuestions@irs.gov.
Section 403.—Taxation of
Employee Annuities
A notice provides relief during 2009 for sponsors
of § 403(b) plans with respect to the requirement to
have a written § 403(b) plan in place by January 1,
2009. See Notice 2009-3, page 250.
Section 412.—Minimum
Funding Standards
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of January 2009. See Rev. Rul. 2009-1, page 248.
Section 467.—Certain
Payments for the Use of
Property or Services
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of January 2009. See Rev. Rul. 2009-1, page 248.
Section 468.—Special
Rules for Mining and Solid
Waste Reclamation and
Closing Costs
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of January 2009. See Rev. Rul. 2009-1, page 248.
2009–2 I.R.B.247January 12, 2009

Section 482.—Allocation
of Income and Deductions
Among Taxpayers
Federal short-term, mid-term, and long-term rates
are set forth for the month of January 2009. See Rev.
Rul. 2009-1, page 248.
Section 483.—Interest on
Certain Deferred Payments
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of January 2009. See Rev. Rul. 2009-1, page 248.
Section 642.—Special
Rules for Credits and
Deductions
Federal short-term, mid-term, and long-term rates
are set forth for the month of January 2009. See Rev.
Rul. 2009-1, page 248.
Section 807.—Rules for
Certain Reserves
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of January 2009. See Rev. Rul. 2009-1, page 248.
Section 846.—Discounted
Unpaid Losses Defined
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of January 2009. See Rev. Rul. 2009-1, page 248.
Section 1274.—Determi-
nation of Issue Price in the
Case of Certain Debt Instru-
ments Issued for Property
(Also Sections 42, 280G, 382, 412, 467, 468, 482,
483, 642, 807, 846, 1288, 7520, 7872.)
Federal rates; adjusted federal rates;
adjusted federal long-term rate and the
long-term exempt rate.For purposes of
sections 382, 642, 1274, 1288, and other
sections of the Code, tables set forth the
rates for January 2009.
Rev. Rul. 2009–1
This revenue ruling provides various
prescribed rates for federal income tax
purposes for January 2009 (the current
month). Table 1 contains the short-term,
mid-term, and long-term applicable fed-
eral rates (AFR) for the current month
for purposes of section 1274(d) of the
Internal Revenue Code. Table 2 contains
the short-term, mid-term, and long-term
adjusted applicable federal rates (adjusted
AFR) for the current month for purposes
of section 1288(b). Table 3 sets forth the
adjusted federal long-term rate and the
long-term tax-exempt rate described in
section 382(f). Table 4 contains the ap-
propriate percentages for determining the
low-income housing credit described in
section 42(b)(1) for buildings placed in
service during the current month. How-
ever, under section 42(b)(2), the applicable
percentage for non-federally subsidized
new buildings placed in service after July
30, 2008, and before December 31, 2013,
shall not be less than 9%. Table 5 con-
tains the federal rate for determining the
present value of an annuity, an interest for
life or for a term of years, or a remainder
or a reversionary interest for purposes of
section 7520. Finally, Table 6 contains the
deemed rate of return for transfers made
during calendar year 2009 to pooled in-
come funds described in section 642(c)(5)
that have been in existence for less than
3 taxable years immediately preceding
the taxable year in which the transfer was
made.
REV. RUL. 2009–1 TABLE 1
Applicable Federal Rates (AFR) for January 2009
Period for Compounding
AnnualSemiannualQuarterlyMonthly
Short-term
AFR.81%.81%.81%.81%
110% AFR.89%.89%.89%.89%
120% AFR.97%.97%.97%.97%
130% AFR
1.05%1.05%1.05%1.05%
Mid-te
rm
AFR2.06%
2.05%
2.04%2.04%
110% AFR2.27%2.26%
2.25%2.25%
120% AFR2.48%2.46%
2.45%2.45%
130% AF
R
2.69%2.67%2.66%2.66%
150% AFR
3.10%3.08%3.07%3.06%
175% A
FR
3.62%
3.59%3.57%3.56%
Long-term
AFR
3.57%3.54%3.52%3.51%
110% AFR3.93%3.89%3.87%3.86%
120%
AFR
4.30
%
4.25%
4.23
%
4.21
%
130% AFR
4.65%
4.60%
4.57%4.56%
January 12, 20092482009–2 I.R.B.

REV. RUL. 2009–1 TABLE 2
Adjusted AFR for January 2009
Period for Compounding
AnnualSemiannualQuarterlyMonthly
Short-term adj
usted
AFR
1.81%1.80%1.80%1.79%
Mid-term adjusted AFR
3.45%
3.42%3.41%3.40%
Long-term adjusted
AFR
5.49%5.42%5.38%5.36%
REV. RUL. 2009
–1 TABLE 3
Rates Under Section 382 for January 2009
Adjusted federal long-term rate for the current month
5.49%
Long-term tax-exempt rate for ownership changes during the current month (the highest of the adjusted
federal long-term rates for the current month and the prior two months.)5.49%
REV. RUL. 2009–1 TABLE 4
Appropriate Percentages Under Section 42(b)(1) for January 2009
Note: Under Section 42(b)(2), the applicable percentage for non-federally subsidized new buildings placed in service after July
30, 2008, and before December 31, 2013, shall not be less than 9%.
Appropriate percentage for the 70% present value low-income housing credit
7.65%
Appropriate percentage for the 30% present value low-income housing credit3.28%
REV. RUL. 2009–1 TABLE 5
Rate Under Section 7520 for January 2009
Applicable federal rate for determining the present value of an annuity, an interest for life or a term of years,
or a remainder or reversionary interest2.4%
REV. RUL. 2009–1 TABLE 6
Deemed Rate for Transfers to New Pooled Income Funds During 2009
Deemed rate of return for transfers during 2009 to pooled income funds that have been in existence for
less than 3 taxable years4.8%
Section 1288.—Treatment
of Original Issue Discount
on Tax-Exempt Obligations
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of January 2009. See Rev. Rul. 2009-1, page 248.
Section 7520.—Valuation
Tables
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of January 2009. See Rev. Rul. 2009-1, page 248.
Section 7872.—Treatment
of Loans With Below-Market
Interest Rates
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of January 2009. See Rev. Rul. 2009-1, page 248.
2009–2 I.R.B.249January 12, 2009

Part III. Administrative, Procedural, and Miscellaneous
Section 529 Programs
Notice 2009–1
This notice provides guidance to quali-
fied tuition programs described in section
529 of the Internal Revenue Code and par-
ticipants in section 529 programs regard-
ing the restriction on investment direction
described in section 529(b)(4). This notice
sets forth a special rule under which a pro-
gram may permit investments in a section
529 account to be changed during 2009 on
a more frequent basis than under current
rules.
Section 529(b)(4) states that a program
shall not be treated as a section 529 qual-
ified tuition program unless it provides
that any contributor to, or designated ben-
eficiary under, such program may not
directly or indirectlydirect the investment
of any contributions to the program (or
any earnings thereon). The proposed reg-
ulations under section 529, which were
published in the Federal Register on Au-
gust 24, 1998 (REG–106177–97, 1998–2
C.B. 344 [63 F.R. 45019]), provide that a
program does not violate this requirement
if it permits a person who establishes
a section 529 account to select among
different investment strategies designed
exclusively by the program, only at the
time when the initial contribution is made
establishing the account. Prop. Treas.
Reg. §1.529–2(g).
Notice 2001–55, 2001–2 C.B. 299, was
issued in response to comments on those
proposed regulations, and acknowledged
that there are a number of situations that
might warrant a change in the investment
strategy for a section 529 account. In that
notice, the Treasury Department and the
Internal Revenue Service (IRS) expressed
an expectation that the final regulations
under section 529 will provide that a pro-
gram does not violate the investment re-
striction under section 529(b)(4) if it per-
mits a change in the investment strategy
selected for a section 529 account once per
calendar year, and upon a change in the
designated beneficiary of the account. The
notice conditioned the applicability of this
special rule on the program’s compliance
with a requirement that the program must
(1) allow participants to select only from
among broad-based investment strategies
designed exclusively by the program, and
(2) establish procedures and maintain ap-
propriate records to prevent a change in
investment options from occurring more
frequently than once per calendar year or
upon a change in the designated benefi-
ciary of the account.
In response to concerns that have been
caused by the recent condition of the
financial markets, commentators have
requested more flexibility in this special
rule, specifically the ability to change
the investment strategies more frequently.
Those commentators expressed concern
that the inability to do so may interfere
with the preservation of the value of a
section 529 account in the face of changes
in the markets.
Accordingly, this notice amends the
provisions of Notice 2001–55 to further
provide that a program does not violate
the investment restriction under section
529(b)(4) if it permits a change in the
investment strategy selected for a section
529 account twice per calendar year for
calendar year 2009, as well as upon a
change in the designated beneficiary of the
account, subject to the program require-
ments as detailed in Notice 2001–55. The
Treasury Department and the IRS expect
that final regulationswill incorporate this
special rule for 2009.
Section 529 programs and their partic-
ipants may rely on this notice pending the
issuance of final regulations under section
529.
The Treasury Department and the IRS
invite comments on the matter described
in this notice and any other comments
relating to section 529. Comments may
be submitted to Internal Revenue Service,
CC:PA:LPD:PR (Notice 2009–1), Room
5203, PO Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions may
also be hand-delivered Monday through
Friday between the hours of 8 a.m. and
4 p.m. to the Courier’s Desk at 1111
Constitution Avenue, NW, Washington,
DC 20224, Attn: CC:PA:LPD:PR (Notice
2009–1), Room 5203. Submissions
may also be sent electronically via the
internet to the following email address:
Notice.comments@irscounsel.treas.gov.
Include the notice number (Notice
2009–1) in the subject line.
EFFECT ON OTHER DOCUMENTS
Notice 2001–55 is modified.
DRAFTING
INFORMATION
The principal author of this notice is
Monice Rosenbaum of the Office of Di-
vision Counsel/Associate Chief Counsel
(Tax Exempt and Government Entities).
For further information regarding this no-
tice, contact Ms. Rosenbaum at (202)
622–6070 (not a toll-free number).
Relie
f From Immediate
Compl
iance With 2009
§403(
b) Written Plan
Requ
irement
Notice 2009–3
This notice provides relief during 2009
for sponsors of § 403(b) plans with re-
spect to the requirement to have a writ-
ten § 403(b) plan in place by January 1,
2009. This notice also briefly describes
other programs the Service intends to es-
tablish relating to § 403(b) plans.
Bac
kground
Final regulations under § 403(b) were
published on July 26, 2007 (T.D. 9340,
2007–36 I.R.B. 487 [72 Fed. Reg. 41128])
(the final regulations). Effective January
1, 2009, sponsors of § 403(b) plans are
generally required to maintain a writ-
ten plan that satisfies, in both form and
operation, the requirements of the final
regulations. Although many sponsors of
§ 403(b) plans have already adopted a
written § 403(b) plan, the Service and
Treasury are aware that some sponsors
may not have a written § 403(b) plan in
place by January 1, 2009.
Further, there is no current program un-
der which a plan sponsor can obtain assur-
ance that the written form of its plan satis-
fies § 403(b), other than through a private
letter ruling. The Service and Treasury
have therefore concluded that compliance
with the final regulations would be facili-
tated by the establishment of both pre-ap-
proved and individually designed plan pro-
grams and that transition relief should be
January 12, 20092502009–2 I.R.B.

provided to all § 403(b) plan sponsors who
have made appropriate efforts to comply
with the written plan requirement in the fi-
nal regulations.
Relief for 2009
The Service will not treat a § 403(b)
plan as failing to satisfy the requirements
of § 403(b) and the final regulations during
the 2009 calendar year, provided that:
(1) on or before December 31, 2009,
the sponsor of the plan has adopted a writ-
ten § 403(b) plan that is intended to sat-
isfy the requirements of § 403(b) (includ-
ing the final regulations) effective as of
January 1, 2009;
(2) during 2009, the sponsor operates
the plan in accordance with a reasonable
interpretation of § 403(b), taking into ac-
count the final regulations; and
(3) before the end of 2009, the spon-
sor makes its best efforts to retroactively
correct any operational failure during the
2009 calendar year to conform to the terms
of the written § 403(b) plan, with such cor-
rection to be based on the general prin-
ciples of correction set forth in the Ser-
vice’s Employee Plans Compliance Reso-
lution System (EPCRS) at section 6 of Rev.
Proc. 2008–50, 2008–35 I.R.B. 464.
The relief under this notice applies
solely with respect to the 2009 calendar
year, and may not be relied on with respect
to the operation of the plan or correction
of operational defects in any prior or sub-
sequent year.
Upcoming Guidance
As part of the establishment of the pro-
totype program, the Service will publish
a request for comments on a draft rev-
enue procedure on obtaining Service ap-
proval of prototype § 403(b) plans that will
be adopted by eligible employers, and on
sample plan language for drafting proto-
type plans. The Service also intends to
establish a determination letter program
for individually designed § 403(b) plans
once the § 403(b) prototype program is
established. The programs described in
the revenue procedure will also provide
for a retroactive remedial amendment of
§ 403(b) plans for years after 2009. The
Service will also modify EPCRS to include
additional § 403(b) issues.
Effect on Other Documents
Section 6 of Rev. Proc. 2007–71, re-
garding the date amendments are adopted,
is modified.
Drafting Information
The principal authors of this no-
tice are Angelique Carrington and
James P. Flannery of the Employee
Plans, Tax Exempt and Government
Entities Division. For further information
regarding this notice, please contact
the Employee Plans taxpayer assistance
answering service at 1–877–829–5500
(a toll-free number) or e-mail
Ms. Carrington or Mr. Flannery at
RetirementPlanQuestions@irs.gov.
Determination of Basis
in Property Acquired in
Transferred Basis Transaction
Notice 2009–4
I.Purpose
The Internal Revenue Service (IRS) is
studying various issues that have arisen in
connection with the determination of ba-
sis in stock that is acquired in reorgani-
zations described in section 368(a)(1)(B)
of the Internal Revenue Code and other
transferred basis transactions. The IRS in-
tends to issue further guidance on the de-
termination of such basis. This notice sets
forth the substance of the guidance that
the IRS currently contemplates issuing and
requests comments on the administrabil-
ity, accuracy, and appropriateness of such
guidance.
II.Background
Section 368(a)(1)(B) of the Code pro-
vides that the term reorganization includes
the acquisition by one corporation (Ac-
quiring) of stock of another corporation
(Target) solely in exchange for part or all of
the voting stock of either Acquiring or its
parent, provided that Acquiring has con-
trol of Target immediately after the acqui-
sition (a B reorganization). Under section
362(b), Acquiring’s basis in each share of
Target stock acquired in the reorganization
is determined with reference to the basis
of the share in the hands of the transferor
shareholder immediately before the reor-
ganization. Section 362(a) provides sim-
ilar treatment for Target stock received in
a section 351 exchange.
Section 1.368–3 of the Income Tax
Regulations requires each significant
holder and each corporate party to a re-
organization to provide certain essential
information regardingthe reorganization,
including the basis of the transferred prop-
erty, in a statement on or with its return for
the year of the reorganization. In general,
a significant holder is any shareholder that
owns five percent (by vote or value) of
a publicly traded corporation or one per-
cent (by vote or value) of a non-publicly
traded corporation.Section1.351–3of
the regulations imposes similar reporting
requirements on significant transferors
and transferee corporations in section
351 exchanges. In general, a significant
transferor is any transferor that owns five
percent (by vote or value) of a publicly
traded corporation or one percent (by vote
or value) of a non-publicly traded corpo-
ration immediately after the section 351
exchange.
By 1981, the IRS had identified two
significant problems encountered by tax-
payers in attempting to establish basis in
Target stock acquired in a B reorganiza-
tion. One was that the acquisition of basis
information from shareholders surrender-
ing stock of widely held corporations was
time consuming, burdensome, and costly.
The other was that not all surrendering
shareholders were responding to requests
for basis information. To facilitate the de-
termination of basis in these cases, the IRS
published Rev. Proc. 81–70, 1981–2 C.B.
729, which set forth general guidelines
for surveying surrendering shareholders
to determine the basis of Target stock ac-
quired in B reorganizations and provided
sampling and estimation procedures to
address administrative burdens and share-
holder nonresponsiveness.
At the time that Rev. Proc. 81–70
was published, most stock was registered
stock, that is, the name of the beneficial
owner of the stock was recorded by the is-
suing corporation’s stock transfer agent on
its books. However, market practices have
changed substantially since the publication
of Rev. Proc. 81–70. Today, stock of
public companies is primarily held in street
2009–2 I.R.B.251January 12, 2009

name, that is, the stock is held by a nom-
inee (typically a clearinghouse or other fi-
nancial institution holding stock on behalf
of their members or customers) and the
transfer agent’s books list the nominee as
the owner of the stock. Often there are sev-
eral tiers of nominee owners, each subject
to confidentiality and other constraints that
could bar the release of information. As a
result, the identification of the beneficial
owners of large portions of public compa-
nies, and thus their bases in those interests,
is often difficult or impossible to discover.
To address this problem, many taxpay-
ers have developed complicated modeling
techniques intended to establish Acquir-
ing’s allowable basis in shares acquired in
a B reorganization.
There is an additional concern that the
information necessary to identify the nom-
inee holders dissipates fairly quickly. In
particular, the securities positions reports
of depositories and clearinghouses, the
most reliable means for identifying such
holdings, are generally only maintained
by the depository or clearinghouse for five
to seven years. Thus, unless such infor-
mation is secured within that time, the
identification of nominee holders will be
difficult if not impossible if a basis study
subsequently becomes necessary. Accord-
ingly, any model adopted to determine
basis in nominee held shares must take
that concern into account.
The IRS has been studying the issues
raised by nominee stock holdings. As
part of that study, the IRS issued Notice
2004–44, 2004–2 C.B. 32, requesting
comments on both the difficulties en-
countered in applying, and the need for
modification of, the guidelines set forth
in Rev. Proc. 81–70. Written and oral
comments were received from a number of
sources, including taxpayers, practition-
ers, and IRS examination teams. Based on
these comments, the IRS has concluded
that the guidelines of Rev. Proc. 81–70
must be expanded to address the issues
presented by nomineestock holdings. In
addition, the IRS has concluded that basis
determinations should be facilitated for
small stock holdings and intends to adopt
rules that simplify basis determination in
such cases.
The IRS recognizes that the difficul-
ties in establishing basis in Target stock
acquired in B reorganizations can be pre-
sented whenever a corporation acquires
Target stock in a transaction in which
the acquiring corporation’s basis in the
acquired stock is determined with ref-
erence to the transferring shareholder’s
basis (transferred basis transaction). In
addition to B reorganizations, transferred
basis transactions include section 351
exchanges (see section 362(a), which pro-
vides that the transferee corporation’s ba-
sis in property received is determined with
reference to the transferor’s basis in the
property). Transferred basis transactions
also include reverse triangular mergers that
qualify as either a section 351 exchange
or a B reorganization if Acquiring elects
to determine basis in acquired property
under the provisions of section 362(b) (as
permitted by § 1.368–6(c)(2)(ii)). Certain
triangular reorganizations involving for-
eign corporations may also be transferred
basis transactions. See § 1.367(b)–13.
Accordingly, the IRS has concluded that
any further guidancein this area will ap-
ply not only to B reorganizations, but to
all transferred basis transactions in which
Target stock is acquired.
III.The Proposed Guidance: an
Expansion of Rev. Proc. 81–70
A.Overview
The IRS continues to believe that the
theoretically correct method for determin-
ing Target stock basis following a B reor-
ganization is a survey of surrendering Tar-
get shareholders. The IRS also continues
to believe that Rev. Proc. 81–70 pro-
vides essential guidance for obtaining Tar-
get stock basis information by surveying
surrendering Target shareholders and for
using sampling and estimation techniques
in appropriate cases. Accordingly, those
provisions of Rev. Proc. 81–70 will be
preserved without material modification in
the guidance that the IRS intends to issue.
In this notice, the guidance that the IRS ex-
pects to issue is referred to as Expanded
Rev. Proc. 81–70.
As noted above, the concerns expressed
regarding the determination of basis fol-
lowing a B reorganization are present, at
least to some extent, in any transferred ba-
sis transaction. Therefore, the provisions
of Expanded Rev. Proc. 81–70 will apply
to all transferred basis transactions.
To address those concerns, and to sim-
plify the determination of basis for small
stock holdings, Expanded Rev. Proc.
81–70 will include several “safe harbor”
provisions. Each safe harbor will ap-
ply to a specified group of surrendering
shareholders and will prescribe a method-
ology that can be used to determine those
shareholders’ bases in surrendered stock.
An acquiring corporation may use one or
more of the safe harbors; Expanded Rev.
Proc. 81–70 will not require the use of all
thesafeharbors.
The principal provisions of Expanded
Rev. Proc. 81–70 are described in more
detail in the following sections, beginning
with generally applicable provisions in
Section III.B of this notice.
The safe harbor provisions are de-
scribed in Section III.C (describing a sur-
vey method applicable to shares acquired
from “reporting shareholders”), Section
III.D (describing a certificate method
applicable to sharesacquired from “reg-
istered, non-reporting shareholders”), and
Section III.E (describing a basis modeling
method applicable to shares acquired from
“nominee, non-reporting shareholders”).
Section III.F modifies the reporting re-
quirements under §§ 1.351–3 and 1.368–3
to take into account the time needed to
complete a basis determination following a
transferred basis transaction subject to Ex-
panded Rev. Proc. 81–70.
Section III.G provides a safe harbor for
taxpayers using a methodology prescribed
in Expanded Rev. Proc. 81–70 and states
that the IRS will not assert a different basis
determination methodology if a taxpayer
complies with the provisions of Expanded
Rev. Proc. 81–70.
Section III.H expands the issues that
may be the subject of a pre-filing agree-
ment to include basis studies completed
in accordance with the terms of Expanded
Rev. Proc. 81–70.
Finally, Section III.I provides that Rev.
Proc. 81–70 will be obsoleted, subject to a
transition rule, when Expanded Rev. Proc.
81–70 is issued.
B.Generally Applicable Provisions of
Expanded Rev. Proc. 81–70
A determination of basis must be done
timely and diligently to satisfy the condi-
tions of any safe harbor under Expanded
Rev. Proc. 81–70.
For purposes of Expanded Rev. Proc.
81–70, a determination of basis will be
January 12, 20092522009–2 I.R.B.

consideredtimelyif it is completed within
two years of the later of the date of the
transferred basis transaction and the date
that Expanded Rev. Proc. 81–70 becomes
effective. In addition, a previously com-
pleted basis determination will be consid-
ered timely if made compliant with the
provisions of Expanded Rev. Proc. 81–70
within two years of the date that Expanded
Rev. Proc. 81–70 becomes effective.
For purposes of Expanded Rev. Proc.
81–70, an estimate of basis will be con-
sidered to have been donediligentlyif Ac-
quiring made every reasonable effort to
obtain best evidence and, to the extent it
was unable to obtain such evidence, can
demonstrate that the evidence or basis in-
formation could not have been reasonably
obtained. The fact that the IRS could,
or does, obtain basis information using
methods not available to Acquiring does
not prevent a determination that Acquir-
ing was diligent in its estimate of basis.
Further, Acquiring must have made ev-
ery reasonable effort to identify and ad-
just for surrendered shares with low bases
(relative to Target’s average historical trad-
ing price) and for surrendered shares with
bases lower than the bases of shares bought
and sold under normal market conditions.
Circumstances in which this can occur in-
clude those in which shares are (1) held by
investors with a transferred basis, (2) ex-
changed for convertible stock or debt, or
(3) exchanged for debt or other property,
as in bankruptcy reorganizations.
The provisions of each safe harbor
specify the evidence that should be used
for the safe harbor. However, all basis
determinations are to be based on best ev-
idence and the determination of the source
that is the best evidence is made as of the
date of the transferred basis transaction. If
a basis determination is not made timely
and basis information is lost, missing, or
disposed of (e.g., pursuant to the Target’s,
clearinghouse’s or financial institution’s
record retention policy), and such informa-
tion could have been obtained if Acquiring
had sought it on or shortly after the date of
the transaction, Acquiring will not satisfy
the best evidence requirement.
In any case in which best evidence is not
used, the IRS, in its discretion, may never-
theless accept such evidence, subject to ap-
propriate adjustments to reflect the dimin-
ished credibility of the evidence used.
Notwithstanding any safe harbor pre-
scribed in Expanded Rev. Proc. 81–70,
if Acquiring has or acquires actual knowl-
edge of a surrendering shareholder’s ac-
tual basis in a share of surrendered Target
stock, Acquiring’s allowable basis in the
share is equal to that surrendering share-
holder’s basis. Further, if the examining
team has or obtains knowledge of a surren-
dering shareholder’s actual basis in surren-
dered Target stock, Acquiring’s allowable
basis in that share is the basis identified by
the examining team, even if the basis deter-
mined by Acquiring differs from that iden-
tified by the examining team. Where the
basisofashareisknown,anyestimatedor
modeled basis amount must be adjusted to
eliminate any basis amount attributable to
such share.
C.Safe Harbor for Target Stock
Surrendered by or on behalf of Reporting
Shareholders
Under this safe harbor, the basis of
stocksurrenderedbyreportingshare-
holders must be determined by survey.
For purposes of Expanded Rev. Proc.
81–70, a “reporting shareholder” is any
surrendering Target shareholder that was a
significant transferor, a significant holder,
an officer or director of Target, or plan
that acquired Target stock for or on behalf
of Target employees, such as an employee
stock option or pension, immediately be-
fore the date of the transferred basis trans-
action. The term significant transferor has
the same meaning as in § 1.351–3 and
the term significant holder has the same
meaningasin§1.368–3.
To identify reporting shareholders,
Target’s books and records, the Master Se-
curityholder Files maintained by the stock
transfer agent, and Securities Exchange
Commission (SEC) filings, including
Schedule 13 series data, may be used.
In general, a survey must be done in
accordance with the guidelines set forth in
Rev. Proc. 81–70. Thus:
1. The survey should begin with the
mailing of an inquiry letter to each
reporting shareholder, which states
the purpose for requesting the basis
information for the surrendered stock,
explains how basis is determined, and
sets forth the importance of respond-
ing timely and accurately. After 30
days, one follow-up letter should be
sent to non-responding sharehold-
ers. Several attempts also should be
made to telephone the non-respon-
dent. These telephone contacts should
be attempted on different days of the
week and times of the day. Acquiring
should maintain a log recording each
attempted contact.
2. Any survey sent to a reporting share-
holder must request all information
necessary for proper determination of
basis. Such information may include,
but is not limited to:
a. Number of shares surrendered in
the transferred basis transaction;
b. Dates those shares were acquired;
c. Total cost of those shares, includ-
ing commission;
d. How the shares were acquired,
for example, by gift, stock option,
or inheritance, or as consideration
in a prior transferred basis trans-
action;
e. Tax basis and, if different, cost
basis;
f. The nominees (as defined in sec-
tion E) that held the shares on
both the date the shares were ac-
quired and the date of the trans-
ferred basis transaction; and
g. In a transaction involving for-
eign corporations where the rules
of § 1.367(b)–13 may apply,
whether the shareholder is a sec-
tion 1248 shareholder with re-
spect to the Target corporation.
3. Survey questionnaires should be sent
by certified or registered mail.
4. The procedures by which the survey
is designed and implemented must be
documented and such documentation
must be made available to the IRS ex-
amination team on request.
Under this safe harbor, Acquiring’s ba-
sis in shares acquired from the surveyed
shareholders will be the basis reported by
such shareholders. If Acquiring does not
receive a response from a surveyed share-
holder, Acquiring may use estimation
techniques to determine the basis of Target
shares surrendered by the nonresponding
shareholder. The estimation guidelines in
Sec. 3 of Rev. Proc. 81–70 will be incor-
porated in Expanded Rev. Proc. 81–70.
However, under this safe harbor, if Ac-
quiring does not survey a reporting share-
holder, estimation may not be used and
2009–2 I.R.B.253January 12, 2009

the basis of the shares acquired from such
shareholder will be deemed to be zero.
D.Safe Harbor for Target Stock
Surrendered by or on behalf of Registered,
Non-reporting Shareholders
Under this safe harbor, the basis of
stock surrendered by registered, non-re-
porting shareholders must be determined
by the certificate method. For purposes
of Expanded Rev. Proc. 81–70, a “reg-
istered, non-reporting” shareholder is a
shareholder that held Target stock in cer-
tificated form, but that is not a reporting
or nominee shareholder.
To determine basis under this certifi-
cate method, Acquiring must obtain or ac-
cess Target’s books and records and, using
those books and records, identify all out-
standing certificated shares that were sur-
rendered by or on behalf of non-report-
ing shareholders and the dates that all such
shares were issued. Using both public and
private stock exchange trading data, Ac-
quiring must then determine the average
trading price of the Target shares on the
date each certificate was issued. Subject to
the limitations described below, Acquiring
may treat the basis of each such share as
equal to the average trading price on its is-
suance date.
Notwithstanding the general rule of this
safe harbor, if there has been an extraor-
dinary issuance or event, appropriate ad-
justment must be made to the basis oth-
erwise determined under this safe harbor.
For this purpose, an extraordinary issuance
or event is any issuance or event that could
have caused the basis of a share to be ma-
terially different from the average trading
price on its issuance date, including but not
limited to the following —
1. On or about the date a stock certificate
was issued to a surrendering Target
shareholder, another certificate held
by the same shareholder was can-
celled. In such a case, to the extent
that the number of shares issued is less
than or equal to the number of shares
cancelled, the shares will not be val-
ued as of the date the new certificate
was issued, but instead as of the date
the earlier certificate was issued. If
a cancelled certificate was originally
issued concurrently with the cancella-
tion of another certificate, the shares
would be valued as of the date of the
earlier (or earliest) issuance.
2. A share was acquired by a surrender-
ing Target shareholder in a tax-free
stock split. In such a case, the share
will be assigned a split adjusted basis.
3. A share was acquired by a surrender-
ing Target shareholder as a result of
a stock dividend. In such a case, the
share will be assigned a zero basis.
4. A share was acquired by a surrender-
ing Target shareholder in a transac-
tion the details of which are known to
the corporation either directly or indi-
rectly. In such a case, the basis must
be assigned based on all the informa-
tion obtainable. This may include, but
is not limited to, stock issued due to
options, convertible stock, employee
plans, and convertible debt.
5. A share was acquired by a surren-
dering Target shareholder in a prior
tax-free exchange. In such a case,
the share will be assigned a basis of
zero unless, using Target’s books and
records, Acquiring can otherwise es-
tablish such basis.
Further, the basis otherwise determined
with respect to any share of stock under
this safe harbor must be reduced by any
distributions paid to the surrendering Tar-
get shareholder to the extent such distribu-
tions were treated as a return of capital un-
der section 301(c)(2).
E.Safe Harbor for Target Stock
Surrendered by Nominees on Behalf of
Non-reporting Shareholders
Under this safe harbor, the basis of all
stock surrendered by nominees on behalf
of non-reporting shareholders is deter-
mined under the basis modeling method.
For purposes of Expanded Rev. Proc.
81–70, the term nominee means the title
owner of equity securities settled through
a clearing agency registered pursuant to
Section 17A of the Securities Exchange
Act of 1934, that holds the stock for or on
behalf of the beneficial owner of the stock,
typically one of the nominee’s participat-
ing members.
Modeled basis is determined separately
for each series of shares and is done in
accordance with the following:
1.Establish measuring dates
Acquiring must identify the measuring
dates that will be used in constructing the
model. Measuring dates must include the
date of the initial public offering (IPO),
all subsequent public offering dates prior
to the first date for which a depository’s
or clearinghouse’s securities positions re-
port (SPR) is available, the first date for
which an SPR is available, and the date of
the transferred basis transaction. In addi-
tion, there must be a number of measuring
dates between the first SPR date and the
date of the transferred basis transaction. It
is not necessary that every business day
be a measuring date. However, the dates
selected should be representative of Tar-
get stock trading activity, including dates
surrounding periods of significant volatil-
ity in share price or trading activity of Tar-
get stock. In addition, the number and the
dates of all measuring dates should demon-
strate good coverage over the entire rele-
vant period. In general, this means at least
one measuring date per quarter.
2. Establish nominee starting basis
Each nominee’s starting bases in its
shares is determined differently depending
on whether an SPR is available for the IPO
date.
a.If an SPR is available for the IPO Date
Each nominee holding a share of Target
stock on the IPO date is treated as having
purchased that share for the IPO price or
for the fair market value of the share on the
IPO date, whichever is less. That deemed
purchase price is the nominee’s estimated
starting basis in the share.
b.If no SPR is available for the IPO Date
Each nominee holding a share of Tar-
get stock on the first SPR date is treated as
having purchased that share for the share’s
allocable portion of Target’s pre-SPR Pub-
lic Offering aggregate basis. That deemed
purchase price is the nominee’s estimated
starting basis in the share.
For purposes of this rule, Target’s pre-
SPR Public Offering aggregate basis is the
excess of Target’s “public offering basis”
over Target’s “redeemed share basis.” Tar-
get’s “public offering basis” is equal to the
January 12, 20092542009–2 I.R.B.

number of shares offered in the IPO multi-
plied by the lesser of the offering price and
the fair market value of shares issued in the
offering, plus the amount so computed for
each subsequent public offering before the
first SPR date (specifically, the number of
shares issued in an offering multiplied by
the lesser of the offering price and the fair
market value of the shares issued in the of-
fering). Target’s redeemed share basis is
the sum of the bases of all shares redeemed
by Target prior to the first SPR date, treat-
ing each redeemed share as having been
issued in the public offering immediately
preceding the redemption of the share.
A share’s allocable portion of Target’s
pre-SPR Public Offering aggregate ba-
sis is determined by allocating Target’s
pre-SPR Public Offering aggregate basis
equally among all shares outstanding as of
the first SPR date, other than shares that
were privately placed.
3.Adjust estimated starting basis
Nominee holdings on the first SPR date
are compared to the nominee holdings on
the second measuring date. Any nominees
not identified on the Initial SPR Date are
treated as having purchased their shares,
and any increase or decrease in the hold-
ings of a previously identified nominee is
treated as a purchase or sale of that num-
ber of shares, on the second measuring
date. Any deemed purchase is considered
to have been made for an amount equal to
the volume-weighted average of the trad-
ing prices for the period between the first
and second measuring dates. As of the
end of the second measuring date, each
nominee’s basis in its Target stock hold-
ings is deemed to be equal to its aggregate
estimated starting basis in shares held on
the first SPR date, increased to reflect the
deemed cost basis of any stock purchased,
or decreased to reflect a deemed sale of any
stock, as appropriate.
Nominee holdings are then compared to
nominee holdings at each next successive
measuring date to determine the extent
to which there are previously unidenti-
fied nominee holdings and changes in
previously identified nominee holdings.
New and increased holdings are treated
as purchases, and decreased holdings are
treated as sales, of Target stock. Sales are
treated as being made either on the first-in,
first-out (“FIFO”), the last-in, first-out
(“LIFO”), or the average cost (“ACO”)
method. Acquiring must identify and
adopt the single method that best predicts
estimated basis across all investors, which
will generally be LIFO, FIFO or ACO
basis whichever is lower. As of the end
of each measuring date, each nominee’s
holdings are deemed to have a basis equal
to its basis on the immediately preceding
measuring date, increased to reflect the
deemed cost basis of any purchased stock,
or decreased to reflect a deemed sale of
any stock, as appropriate.
4.Allowable nominee basis
At the end of the last measuring date
(the day of the transferred basis transac-
tion), the aggregate of all basis computed
for nominee holdings in each class is al-
located equally among the shares in the
class that were held by nominees. Ac-
quiring’s basis in Target shares acquired
from nominees on behalf of non-report-
ing shareholders is deemed to be the ba-
sis allocated to such shares under this safe
harbor model. Acquiring’s basis in Tar-
get shares acquired from nominees on be-
half of reporting shareholders is the ba-
sis in such shares that is established un-
der section C, notwithstanding the alloca-
tion made for computational purposes un-
der this basis modeling safe harbor.
F.Reporting Requirements
Corporations acquiring Target stock
in a transferred basis transaction shall be
treated as satisfying their reporting re-
quirements under §§ 1.351–3 and 1.368–3
with respect to the return for the tax year
in which the transaction is completed if
the corporation includes a statement on or
with such return stating that a basis study
is pending with respect to the acquired
stock. However, in such cases, the acquir-
ing corporation must include complete
statements as required under those reg-
ulations, with basis amounts determined
pursuant to the study, on or with a return
for a tax year that is no later than the tax
year that includes the date that is two years
after the date of the transferred basis trans-
action. These rules apply without regard
to whether basis is determined under any
of the Expanded Rev. Proc. 81–70 safe
harbors.
G.Reliance on Expanded Rev. Proc.
81–70 Safe Harbors
If an acquiring corporation complies
withthetermsofasafeharbordescribed
in Expanded Rev. Proc. 81–70, includ-
ing those provisions that apply to all safe
harbors described in Expanded Rev. Proc.
81–70, the IRS will not assert an alter-
native method to determine that corpora-
tion’s allowable basis in stock covered by
that safe harbor.
H.Pre-filing Agreements
The determination of whether a basis
study is done in compliance with one or
more of the Expanded Rev. Proc. 81–70
safe harbors may be the subject of a pre-
filing agreement.
I.Effective Date, Effect on Other
Documents
Expanded Rev. Proc. 81–70 will be ef-
fective for transferred basis transactions on
or after the date it is issued. Because Ex-
panded Rev. Proc. 81–70 will incorporate
the provisions of Rev. Proc. 81–70 that
have continued application, Rev. Proc.
81–70 will be obsoleted for transactions
under Expanded Rev. Proc. 81–70.
IV.Interim Use of Safe Harbor
Methodologies
Prior to the issuance of Expanded Rev.
Proc. 81–70, whether in the form de-
scribed in this notice or otherwise, taxpay-
ers may use the methodologies of any safe
harbor described in this notice (taking into
account those provisions generally appli-
cable to all of the safe harbors) to deter-
mine the basis of Target stock acquired in
any transferred basis transaction that oc-
curs prior to the publication of Expanded
Rev. Proc. 81–70. In such cases, the time-
liness requirement will be deemed satis-
fied if the study is completed within two
years of the later of the date of the trans-
ferred basis transaction and January 12,
2009. The IRS will not assert an alterna-
tive methodology against a taxpayer that
determines basis in accordance with these
proposed guidelines.
V.Request for Comments
The IRS requests comments regard-
ing whether the approaches described in
2009–2 I.R.B.255January 12, 2009

this notice should be adopted and to what
extent, if any, the approaches should be
further combined or modified to produce
a set of rules that is both administrable
and reflective of statutory intent. The IRS
is particularly interested in comments re-
garding whether a simpler methodology,
such as one that would determine the ba-
sis of all surrendered shares by using a
weighted average trading price, would be
helpful to taxpayers and appropriate for
the tax system. The IRS also specifically
requests comments regarding the deter-
mination of basis in atypical transferred
basis transactions, such as acquisitions
in bankruptcy reorganizations, acquisi-
tions involving foreign transfer agents,
and acquisitions involving foreign corpo-
rations that may be subject to the rules of
§ 1.367(b)–13.
Comments should refer toNotice
2009–4and should be submitted to:
Internal Revenue Service
P.O. Box 7604
Ben Franklin Station
Washington, D.C. 20044
Attn: CC:PA:LPD:PR
Room 5203
orelectronicallyvia
theIRSinternetsiteat:
Notice.Comments@irscounsel.treas.gov.
All comments will be available for pub-
lic inspection and copying.
VIII.DRAFTING INFORMATION
The principal authors of this notice are
George Johnson of the Office of Associate
Chief Counsel (Corporate) and Ed Cohen
of LMSB. For further information
regarding this notice generally, contact
Mr. Johnson at (202) 622–7930 (not a
toll-free number). For further information
about estimation techniques described in
this notice, contact Edward Cohen at (212)
719–6693 (not a toll-free number).
26 CFR 601.201: Rulings and determination letters.
Rev. Proc. 2009–9
TABLE OF CONTENTS
SECTION 1. WHAT IS THE PURPOSE OF THIS REVENUE PROCEDURE?
.............................................. 257
.01Descriptionoftermsusedinthisrevenueprocedure.............................................................. 257
.02Updatedannually............................................................................................ 258
SECTION 2. NATURE OF CHANGES AND RELATED REVENUE PROCEDURES......................................... 258
.01Rev.Proc.2008–9issupersededandtheprocessingofapplicationsisnowcentralized............................... 258
.02Relatedrevenueprocedures................................................................................... 258
SECTION 3. WHAT ARE THE PROCEDURES FOR REQUESTING RECOGNITION OF EXEMPT
STATUS?
............................................................................................. 259
.01Ingeneral................................................................................................... 259
.02Userfee.................................................................................................... 259
.03Form1023application....................................................................................... 259
.04Form1024application....................................................................................... 259
.05Letterapplication............................................................................................ 259
.06Form1028application....................................................................................... 259
.07Form8871noticeforpoliticalorganizations.................................................................... 259
.08Requirementsforasubstantiallycompletedapplication .......................................................... 259
.09Terroristorganizationsnoteligibletoapplyforrecognitionofexemption........................................... 260
SECTION 4. WHAT ARE THE STANDARDS FOR ISSUING A DETERMINATION LETTER OR RULING
ON EXEMPT STATUS?
................................................................................. 260
.01Exemptstatusmustbeestablishedinapplicationandsupportingdocuments ........................................ 260
.02Determinationletterorrulingbasedsolelyonadministrativerecord................................................ 260
.03Exemptstatusmayberecognizedinadvanceofactualoperations ................................................. 260
.04NoletterifexemptstatusissueinlitigationorunderconsiderationwithintheService ............................... 260
.05Incompleteapplication....................................................................................... 261
.06Evenifapplicationiscomplete,additionalinformationmayberequired............................................ 261
.07Expeditedhandling.......................................................................................... 261
SECTION 5. WHAT OFFICES ISSUE AN EXEMPT STATUS DETERMINATION LETTER OR RULING?.................... 261
.01EODeterminationsissuesadeterminationletterinmostcases .................................................... 261
.02CertainapplicationsreferredtoEOTechnical................................................................... 261
.03Technicaladvicemayberequestedincertaincases .............................................................. 262
.04Technicaladvicemustberequestedincertaincases.............................................................. 262
January 12, 20092562009–2 I.R.B.

SECTION 6. WITHDRAWAL OF AN APPLICATION................................................................... 262
.01Applicationmaybewithdrawnpriortoissuanceofadeterminationletterorruling .................................. 262
.02§7428implicationsofwithdrawalofapplicationunder§501(c)(3)................................................ 262
SECTION 7. WHAT ARE THE PROCEDURES WHEN EXEMPT STATUS IS DENIED?..................................... 262
.01Proposedadversedeterminationletterorruling ................................................................. 262
.02AppealofaproposedadversedeterminationletterissuedbyEODeterminations .................................... 262
.03ProtestofaproposedadverserulingissuedbyEOTechnical...................................................... 263
.04Finaladversedeterminationletterorrulingwherenoappealorprotestissubmitted ................................. 263
.05HowEODeterminationshandlesanappealofaproposedadversedeterminationletter .............................. 263
.06ConsiderationbytheAppealsOffice........................................................................... 263
.07IfaprotestofaproposedadverserulingissubmittedtoEOTechnical.............................................. 263
.08Anappealorprotestmaybewithdrawn ........................................................................ 263
.09Appealorprotestandconferencerightsnotapplicableincertainsituations ......................................... 263
SECTION 8. DISCLOSURE OF APPLICATIONS AND DETERMINATION LETTERS AND RULINGS....................... 263
.01Disclosureofapplications,supportingdocuments,andfavorabledeterminationlettersandrulings..................... 263
.02Disclosureofadversedeterminationlettersorrulings............................................................ 264
.03DisclosuretoStateofficialswhentheServicerefusestorecognizeexemptionunder§501(c)(3) ...................... 264
.04DisclosuretoStateofficialsofinformationabout§501(c)(3)applicants............................................ 264
SECTION 9. REVIEW OF DETERMINATION LETTERS BY EO TECHNICAL........................................... 264
.01DeterminationlettersmaybereviewedbyEOTechnicaltoassureuniformity....................................... 264
.02ProceduresforcaseswhereEOTechnicaltakesexceptiontoadeterminationletter .................................. 264
SECTION 10. DECLARATORY JUDGMENT PROVISIONS OF § 7428................................................... 264
.01Actualcontroversyinvolvingcertainissues..................................................................... 264
.02Exhaustionofadministrativeremedies......................................................................... 264
.03Notearlierthan270daysafterseekingdetermination............................................................ 265
.04Servicemusthavereasonabletimetoactonanappealorprotest .................................................. 265
.05Finaldeterminationtowhich§7428applies.................................................................... 265
SECTION 11. EFFECT OF DETERMINATION LETTER OR RULING RECOGNIZING E
XEMPTION
.....
.................. 265
.01Effectivedateofexemption................................................................................... 265
.02Relianceondeterminationletterorruling....................................................................... 265
SECTION 12. REVOCATION OR MODIFICATION OF DETERMINATION LETTER OR RULING
RECOGNIZING EXEMPTION
.......................................................................... 266
.01Revocationormodificationofadeterminationletterorrulingmayberetroactive.................................... 266
.02Appealandconferenceproceduresinthecaseofrevocationormodificationofexemptstatusletter.................... 266
SECTION 13. EFFECT ON OTHER REVENUE PROCEDURES......................................................... 266
SECTION 14. EFECTIVE DATE..................................................................................... 266
SECTION 15. PAPERWORK REDUCTION ACT....................................................................... 266
DRAFTING INFORMATION........................................................................................ 267
SECTION 1. WHAT IS THE
PURPOSE OF THIS REVENUE
PROCEDURE?
This revenue procedure sets forth proceduresfor issuing determination letters and rulings
on the exempt status of organizations under §§ 501 and 521 of the Internal Revenue Code other
than those subject to Rev. Proc. 2009–6, 2009–1 I.R.B. 189 (relating to pension, profit-shar-
ing, stock bonus, annuity, and employee stock ownership plans). Generally, the Service issues
these determination letters and rulings in response to applications for recognition of exemption
from Federal income tax. These procedures alsoapply to revocation or modification of deter-
mination letters or rulings. This revenue procedure also provides guidance on the exhaustion
of administrative remedies for purposes of declaratory judgment under § 7428 of the Code.
Description of terms used in this
revenue procedure
.01 For purposes of this revenue procedure –
(1) the term “Service” means the Internal Revenue Service.
2009–2 I.R.B.257January 12, 2009

(2) the term “application” means the appropriate form or letter that an organization must
file or submit to the Service for recognition ofexemption from Federal income tax under the
applicable section of the Internal Revenue Code.Seesection 3 for information on specific
forms.
(3) the term “EO Determinations” means the office of the Service that is primarily respon-
sible for processing initial applications for tax-exempt status. It includes the main EO Deter-
minations office located in Cincinnati, Ohio, and other field offices thatare under the direction
and control of the Manager, EO Determinations.
(4) the term “EO Technical” means the office of the Service that is primarily responsible for
issuing letter rulings to taxpayers on exempt organization matters, and for providing technical
advice or technical assistance to other officesof the Service on exempt organization matters.
The EO Technical office is located in Washington, DC.
(5) the term “Appeals Office” means any office under the direction and control of the Chief,
Appeals. The purpose of the Appeals Office is to resolve tax controversies, without litigation,
on a fair and impartial basis. The Appeals Office is independent of EO Determinations and EO
Technical.
(6) the term “determination letter” means a written statement issued by EO Determinations
or an Appeals Office in response to an application for recognition of exemption from Federal
income tax under §§ 501 and 521. This includes a written statement issued by EO Determina-
tions or an Appeals Office on the basis of advice secured from EO Technical pursuant to the
procedures prescribed herein and in Rev. Proc. 2009–5, 2009–1 I.R.B. 161.
(7) the term “ruling” means a written statement issued by EO Technical in response to an
application for recognition of exemption from Federal income tax under §§ 501 and 521.
Updated annually.02 This revenue procedure is updated annually, but may be modified or amplified during
the year.
SECTION 2. NATURE OF
CHANGES AND RELATED
REVENUE PROCEDURES
Rev. Proc. 2008–9 is superseded
and the processing of applications
is now centralized
.01 This revenue procedure updates Rev. Proc. 2008–9, 2008–2 I.R.B. 258, which is hereby
superseded.
(1) The responsibility for processing applications is now centralized in the EO Determina-
tions office in Cincinnati, Ohio. Key district offices no longer exist.
(2) Although applications are generally processed in the Cincinnati office, some applica-
tions may be processed in other EO Determinations offices or referred to EO Technical.
Related revenue procedures.02 This revenue procedure supplements Rev. Proc. 76–34, 1976–2 C.B. 656, with respect
to the effects of § 7428 of the Code on the classification of organizations under §§ 509(a) and
4942(j)(3). Rev. Proc. 80–27, 1980–1 C.B. 677, sets forth procedures under which exemption
may be recognized on a group basis for subordinate organizations affiliated with and under the
general supervision and control of a central organization. Rev. Proc. 72–5, 1972–1 C.B. 709,
provides information for religious and apostolic organizations seeking recognition of exemp-
tion under § 501(d). General procedures for requests for a determination letter or ruling are
provided in Rev. Proc. 2009–4, 2009–1 I.R.B. 118. User fees for requests for a determination
letter or ruling are set forth in Rev. Proc. 2009–8, 2009–1 I.R.B. 229.
January 12, 20092582009–2 I.R.B.

SECTION 3. WHAT ARE
THE PROCEDURES FOR
REQUESTING RECOGNITION
OF EXEMPT STATUS?
In general.01 An organization seeking recognition of exempt status under § 501 or § 521 is required
to submit the appropriate application. In the case of a numbered application form, the current
version of the form must be submitted. A central organization that has previously received
recognition of its own exemption can request a group exemption letter by submitting a letter
application with Form 8718,User Fee for Exempt Organization Determination Letter Request.
SeeRev. Proc. 80–27.
User fee.02 An application must be submitted with the correct user fee, as set forth in Rev. Proc.
2009–8.
Form 1023 application.03 An organization seeking recognition of exemption under § 501(c)(3) and §§ 501(e), (f),
(k), (n) or (q) must submit a completed Form 1023. In the case of an organization that provides
credit counseling services, see § 501(q) of the Code.
Form 1024 application.04 An organization seeking recognition of exemption under §§ 501(c)(2), (4), (5), (6), (7),
(8), (9), (10), (12), (13), (15), (17), (19) or (25) must submit a completed Form 1024 with
Form 8718. In the case of an organization that provides credit counseling services and seeks
recognition of exemption under section 501(c)(4), see § 501(q) of the Code.
Letter application.05 An organization seeking recognition of exemption under §§ 501(c)(11), (14), (16), (18),
(21), (22), (23), (26), (27) or (28) or under § 501(d) must submit a letter application with Form
8718.
Form 1028 application.06 An organization seeking recognition of exemption under § 521 must submit a completed
Form 1028 with Form 8718.
Form 8871 notice for political
organizations
.07 A political party, a campaign committee for a candidate for federal, state or local office,
and a political action committee are all political organizations subject to tax under § 527. To be
tax-exempt, a political organization may be required to notify the Service that it is to be treated
as a § 527 organization by electronically filing Form 8871,Political Organization Notice of
Section 527 Status. For details, go to the IRS website atwww.irs.gov/polorgs.
Requirements for a substantially
completed application
.08 A substantially completed application,including a letter application, is one that:
(1) is signed by an authorized individual.
(2) includes an Employer Identification Number (EIN).
(3) includes a statement of receipts and expenditures and a balance sheet for the current
year and the three preceding years (or the years the organization was in existence, if less than
four years). If the organization has not yet commenced operations, or has not completed one
accounting period, a substantially completed application generally includes a proposed budget
for two full accounting periods and a current statement of assets and liabilities.
(4) includes a detailed narrative statement of proposed activities, including each of the
fundraising activities of a § 501(c)(3) organization, and a narrative description of anticipated
receipts and contemplated expenditures.
(5) includes a copy of the organizing or enabling document that is signed by a principal
officer or is accompanied by a written declaration signed by an authorized individual certify-
ing that the document is a complete and accuratecopy of the original or otherwise meets the
requirements of a “conformed copy” as outlined in Rev. Proc. 68–14, 1968–1 C.B. 768.
(6) if the organizing or enabling document is in the form of articles of incorporation, includes
evidence that it was filed with and approved by an appropriate state official (e.g.,stamped
2009–2 I.R.B.259January 12, 2009

“Filed” and dated by the Secretary of State). Alternatively, a copy of the articles of incor-
poration may be submitted if accompanied by awritten declaration signed by an authorized
individual that the copy is a complete and accurate copy of the original copy that was filed
with and approved by the state. If a copy is submitted, the written declaration must include the
date the articles were filed with the state.
(7) if the organization has adopted by-laws, includes a current copy. The by-laws need
not be signed if submitted as an attachment to the application for recognition of exemption.
Otherwise, the by-laws must be verifiedas current by an authorized individual.
(8) is accompanied by the correct userfee and Form 8718, when applicable.
Terrorist organizations not
eligible to apply for recognition of
exemption
.09 An organization that is identified or designated as a terrorist organization within the
meaning of § 501(p)(2) of the Code is not eligible to apply for recognition of exemption.
SECTION 4. WHAT ARE THE
STANDARDS FOR ISSUING A
DETERMINATION LETTER OR
RULING ON EXEMPT STATUS?
Exempt status must be established
in application and supporting
documents
.01 A favorable determination letter or ruling will be issued to an organization only if its
application and supporting documents establishthat it meets the particular requirements of the
section under which exemption from Federal income tax is claimed.
Determination letter or ruling
basedsolelyonadministrative
record
.02 A determination letter or ruling on exempt status is issued based solely upon the facts
and representationscontained in the administrative record.
(1) The applicant is responsible for the accuracy of any factual representations contained in
the application.
(2) Any oral representation of additional facts or modification of facts as represented or
alleged in the application must be reduced to writing over the signature of an officer or director
of the taxpayer under a penalties of perjury statement.
(3) The failure to disclose a material fact or misrepresentation of a material fact on the ap-
plication may adversely affect the reliance that would otherwise be obtained through issuance
by the Service of a favorable determination letter or ruling.
Exempt status may be recognized
in advance of actual operations
.03 Exempt status may be recognized in advance of the organization’s operations if the pro-
posed activities are described in sufficient detail to permit a conclusion that the organization
will clearly meet the particular requirements for exemption pursuant to the section of the In-
ternal Revenue Code under which exemption is claimed.
(1) A mere restatement of exempt purposes or a statement that pr
oposed activities will be
in furtherance of such purposes will not satisfy this requirem
ent.
(2) The organization must fully describe all of the activities in which it expects to engage,
including the standards, criteria, proceduresor other means adopted or planned for carrying out
the activities, the anticipatedsources of receipts, and the natureof contemplated expenditures.
(3) Where the organization cannot demonstrate to the satisfaction of the Service that it quali-
fies for exemption pursuant to the section of theInternal Revenue Code under which exemption
is claimed, the Service will generally issue a proposed adverse determination letter or ruling.
See alsosection 7.
No letter if exempt status issue in
litigation or under consideration
within the Service
.04 A determination letter or ruling on exempt status will not ordinarily be issued if an issue
involving the organization’s exempt status under § 501 or § 521 is pending in litigation, is under
consideration within the Service, or if issuance of a determination letter or ruling is not in the
interest of sound tax administration. If the Service declines to issue a determination or ruling
to an organization seeking exempt status under§ 501(c)(3), the organization may be able to
January 12, 20092602009–2 I.R.B.

pursue a declaratory judgment under § 7428 provided that it has exhausted its administrative
remedies.
Incomplete application.05 If an application does not contain all of the items set out in section 3.08, the Service may
return it to the applicant for completion.
(1) In lieu of returning an incomplete application, the Service may retain the application and
request additional information needed for asubstantially completed application.
(2) In the case of an application or a group exemption request under § 501(c)(3) that is
returned incomplete, the 270-day period referred to in § 7428(b)(2) will not be considered
as starting until the date a substantially completed Form 1023 or group exemption request is
refiled with or remailed to the Service. If the application or group exemption request is mailed
to the Service and a postmark is not evident, the 270-day period will start to run on the date the
Service actually receives the substantially completed Form 1023 or group exemption request.
The same rules apply for purposes of the notice requirement of § 508.
(3) Generally, the user fee will not be refunded if an incomplete application is filed.See
Rev. Proc. 2009–8, section 10.
Even if application is complete,
additional information may be
required
.06 Even though an application is substantially complete, the Service may request additional
information before issuing a determination letter or ruling.
(1) If the application involves an issue where contrary authorities exist,an applicant’s failure
to disclose and distinguish contrary authorities may result in requests for additional informa-
tion, which could delay final action on the application.
(2) In the case of an application under § 501(c)(3), the period of time beginning on the date
the Service requests additional information until the date the information is submitted to the
Service will not be counted for purposes of the 270-day period referred to in § 7428(b)(2).
Expedited handling.07 Applications are normally processed in the order of receipt by the Service. However,
expedited handling of an application may be approved where a request is made in writing and
contains a compelling reason for processing the application ahead of others. Upon approval
of a request for expedited handling an application will be considered out of its normal order.
This does not mean the application will be immediately approved or denied. Circumstances
generally warranting expedited processing include:
(1) A grant to the applicant is pending and thefailure to secure the grant may have an adverse
impact on the organization’s ability to continue to operate.
(2) The purpose of the newly created organization is to provide disaster relief to victims of
emergencies such as flood and hurricane.
(3) There have been undue delays in issuing a determination let
terorrulingcausedbya
Service error.
SECTION 5. WHAT OFFICES
ISSUEANEXEMPTSTATUS
DETERMINATION LETTER
OR RULING?
EO Determinations issues a
determination letter in most cases
.01 Under the general procedures outlinedin Rev. Proc. 2009–4, EO Determinations is
authorized to issue determination letters on applications for exempt status under §§ 501 and
521.
Certain applications referred to
EO Technical
.02 EO Determinations will refer to EO Technical those applications that present issues
which are not specifically covered by statute or regulations, or by a ruling, opinion, or court
decision published in the Internal Revenue Bulletin. In addition, EO Determinations will refer
those applications that have been specifically reserved by revenue procedure or by other official
Service instructions for handling by EO Technical for purposes of establishing uniformity or
2009–2 I.R.B.261January 12, 2009

centralized control of designated categories of cases. EO Technical will notify the applicant
organization upon receipt of a referred application, and will consider each such application and
issue a ruling directly to the organization.
Technical advice may be requested
in certain cases
.03 If at any time during the course of consideration of an exemption application by EO
Determinations the organization believes that its case involves an issue on which there is no
published precedent, or there has been non-uniformity in the Service’s handling of similar
cases, the organization may request that EO Determinations either refer the application to EO
Technical or seek technicaladvice from EO Technical.SeeRev. Proc. 2009–5, section 4.04.
Technical advice must be
requested in certain cases
.04 If EO Determinations proposes to recognize the exemption of an organization to which
EO Technical had issued a previous contrary ruling or technical advice, EO Determinations
must seek technical advice from EO Technical before issuing a determination letter. This does
not apply where EO Technical issued an adverse ruling and the organization subsequently made
changes to its purposes, activities, or operations to remove the basis for which exempt status
was denied.
SECTION 6. WITHDRAWAL OF
AN APPLICATION
Application may be withdrawn
prior to issuance of a
determination letter or ruling
.01Anapplicationmaybewithdrawnuponthewritten request of an authorized individual
atanytimepriortotheissuanceofadetermination letter or ruling. Therefore, an application
may not be withdrawn after the issuance of a proposed adverse determination letter or ruling.
(1) When an application is withdrawn, the Service will retain the application and all sup-
porting documents. The Service may consider the information submitted in connection with
the withdrawn request in a subsequent examination of the organization.
(2) Generally, the user fee will not be refunded if an application is withdrawn.SeeRev.
Proc. 2009–8, section 10.
§ 7428 implications of withdrawal
of application under § 501(c)(3)
.02 The Service will not consider the withdrawal of an application under § 501(c)(3) as
either a failure to make a determination withinthe meaning of § 7428(a)(2) or as an exhaustion
of administrative remedies within the meaning of § 7428(b)(2).
SECTION 7. WHAT ARE
THE PROCEDURES WHEN
EXEMPT STATUS IS DENIED?
Proposed adverse determination
letter or ruling
.01 If EO Determinations or EO Technical reaches the conclusion that the organization does
not satisfy the requirements for exempt statuspursuant to the section of the Internal Revenue
Code under which exemption is claimed, the Service will generally issue a proposed adverse
determination letter or ruling, which will:
(1) Include a detailed discussion of the Service’s rationale for the denial of tax-exempt sta-
tus.
(2) Advise the organization of its opportunity to appeal or protest the decision and request
a conference.
Appeal of a proposed adverse
determination letter issued by EO
Determinations
.02 A proposed adverse determination letterissued by EO Determinations will advise the
organization of its opportunity to appeal the determination by requesting Appeals Office con-
sideration. To do this, the organization must submit a statement of the facts, law and arguments
in support of its position within 30 days from the date of the adverse determination letter. The
organization must also state whether it wishes an Appeals Office conference. Any determina-
tion letter issued on the basis of technical advice from EO Technical may not be appealed to
the Appeals Office on issues that were the subject of the technical advice.
January 12, 20092622009–2 I.R.B.

Protest of a proposed adverse
ruling issued by EO Technical
.03 A proposed adverse ruling issued by EO Technical will advise the organization of its
opportunity to file a protest statement within 30 days and to request a conference. If a con-
ference is requested, the conference procedures outlined in Rev. Proc. 2009–4, section 12, are
applicable.
Final adverse determination letter
or ruling where no appeal or
protest is submitted
.04 If an organization does not submit a timely appeal of a proposed adverse determination
letter issued by EO Determinations, or a timely protest of a proposed adverse ruling issued by
EO Technical, a final adverse determination letter or ruling will be issued to the organization.
The final adverse letter or ruling will provideinformation about the filing of tax returns and
the disclosure of the proposed and final adverse letters or rulings.
How EO Determinations handles
an appeal of a proposed adverse
determination letter
.05 If an organization submits an appeal of the proposed adverse determination letter, EO
Determinations will first review the appeal, and if it determines that the organization qualifies
for tax-exempt status issue a favorable exempt status determination letter. If EO Determina-
tions maintains its adverse position after reviewing the appeal, it will forward the appeal and
the exemption application case file to the Appeals Office.
Consideration by the Appeals
Office
.06 The Appeals Office will consider the organization’s appeal. If the Appeals Office agrees
with the proposed adverse determination, it will either issue a final adverse determination or,
if a conference was requested, contact the organization to schedule aconference. At the end
of the conference process, which may involve the submission of additional information, the
Appeals Office will either issue a final adversedetermination letter or a favorable determina-
tion letter. If the Appeals Office believes that an exemption or private foundation status issue is
not covered by published precedent or that thereis non-uniformity, the Appeals Office must re-
quest technical advice from EO Technical in accordance with Rev. Proc. 2009–5, section 4.04.
If a protest of a proposed
adverse ruling is submitted to
EO Technical
.07 If an organization submits a protest of a proposed adverse exempt status ruling, EO
Technical will review the protest statement.If the protest convinces EO Technical that the
organization qualifies for tax-exempt status, afavorable ruling will be issued. If EO Technical
maintains its adverse position after reviewing the protest, it will either issue a final adverse
ruling or, if a conference was requested, contact the organization to schedule a conference. At
the end of the conference process, which may involve the submission of additional information,
EO Technical will either issue a final adverse ruling or a favorable exempt status ruling.
An appeal or protest may be
withdrawn
.08 An organization may withdraw its appealor protest before the Service issues a final
adverse determination letter or ruling. Upon receipt of the withdrawal request, the Service will
complete the processing of the case in the same manner as if no appeal or protest was received.
Appeal or protest and conference
rights not applicable in certain
situations
.09 The opportunity to appeal or protest a proposed adverse determination letter or ruling
and the conference rights described above are not applicable to matters where delay would be
prejudicial to the interests of the Service (such as in cases involving fraud, jeopardy, the immi-
nence of the expiration of the statute of limitations, or where immediate action is necessary to
protect the interestsof the Government).
SECTION 8. DISCLOSURE
OF APPLICATIONS AND
DETERMINATION LETTERS
AND RULINGS
Sections 6104 and 6110 of the Code provide rules for the disclosure of applications, includ-
ing supporting documents, and determination letters and rulings.
Disclosure of applications,
supporting documents, and
favorable determination letters or
rulings
.01 The applications, any supporting documents, and the favorable determination letter or
ruling issued are available for public inspection under § 6104(a)(1) of the Code. However,
there are certain limited disclosure exceptions for a trade secret, patent, process, style of work,
or apparatus if the Service determines that the disclosure of the information would adversely
affect the organization.
(1) The Service is required to make the applications, supporting documents, and favorable
determination letters or rulings available upon request. The public can request this information
by submitting Form 4506–A,Request for Public Inspection or Copy of Exempt or Political
Organization IRS Form.
2009–2 I.R.B.263January 12, 2009

(2) The exempt organization is required to make its exemption application, supporting doc-
uments, and determination letter or ruling available for public inspection without charge. For
more information about the exempt organization’s disclosure obligations,seePublication 557,
Tax-Exempt Status for Your Organization.
Disclosure of adverse
determination letters or rulings
.02 The Service is required to make adverse determination letters and rulings available for
public inspection under § 6110 of the Code. Uponissuance of the final adverse determination
letter or ruling to an organization, both the proposed adverse determination letter or ruling and
the final adverse determination letter or ruling will be released under § 6110.
(1) These documents are made available to the public after the deletion of names, addresses,
and any other information that might identify the taxpayer.See§ 6110(c) for other specific
disclosure exemptions.
(2) The final adverse determination letter or ruling will enclose Notice 437,Notice of Inten-
tion to Disclose, and redacted copies of the final and proposed adverse determination letters
or rulings. Notice 437 provides instructions ifthe organization disagrees with the deletions
proposed by the Service.
Disclosure to State officials when
the Service refuses to recognize
exemption under § 501(c)(3)
.03 The Service may notify the appropriate State officials of a refusal to recognize an or-
ganization as tax-exempt under § 501(c)(3).See§ 6104(c) of the Code. The notice to the State
officials may include a copy of a proposed or final adverse determination letter or ruling the
Service issued to the organization. In addition, upon request by the appropriate State official,
the Service may make available for inspection and copying the exemption application and other
information relating to the Service’s determination on exempt status.
Disclosure to State officials of
information about § 501(c)(3)
applicants
.04 The Service may disclose to State officialsthe name, address, and identification number
of any organization that has applied for recognition of exemption under § 501(c)(3).
SECTION 9. REVIEW OF
DETERMINATION LETTERS
BY EO TECHNICAL
Determination letters may be
reviewed by EO Technical to
assure uniformity
.01 Determination letters issued by EO Determinations may be reviewed by EO Technical,
ortheOfficeoftheAssociateChiefCounsel(Passthroughs and Special Industries) (for cases
under § 521), to assure uniform application of the statutes or regulations, or rulings, court
opinions, or decisions published in the Internal Revenue Bulletin.
Procedures for cases where
EO Technical takes exception
to a determination letter
.02 If EO Technical takes exception to a determination letter issued by EO Determinations,
the manager of EO Determinations will be advised. If EO Determinations notifies the organ-
ization of the exception taken, and the organization disagrees with the exception, the file will
be returned to EO Technical. The referral to EOTechnical will be treated as a request for tech-
nical advice and the procedures in Rev. Proc. 2009–5 will be followed.
SECTION 10. DECLARATORY
JUDGMENT PROVISIONS OF
§7428
Actual controversy inv
olving
certain issues
.01 Generally, a declar
atory judgment proceeding under § 7428 of the Code can be filed in
the United States Tax Co
urt, the United States Court of Federal Claims, or the district court of
the United States for th
e District of Columbia with respect to an actual controversy involving
a determination by the S
ervice or a failure of the Service tomake a determination with respect
to the initial or contin
uing qualification or classification of an organization under § 501(c)(3)
(charitable, educati
onal, etc.); § 170(c)(2) (deductibility of contributions); § 509(a) (private
foundation status); §
4942(j)(3) (operating foundation status); or §521 (farmers cooperatives) .
Exhaustion of administrative
remedies
.02 Before filing a declaratory judgment action, an organization must exhaust its adminis-
trative remedies by taking, in a timely manner,all reasonable steps to secure a determination
from the Service. These include:
January 12, 20092642009–2 I.R.B.

(1) the filing of a substantially completed application Form 1023 or group exemption re-
quest under § 501(c)(3) pursuant to section 3.08 of this Revenue Procedure or the request for
a determination of foundation status pursuant to Rev. Proc. 76–34;
(2) in appropriate cases, requesting relief pursuant to § 301.9100–1 of the Procedure and
Administration Regulations regarding the extension of time for making an election or applica-
tion for relief from tax (seeRev. Proc. 92–85, 1992–2 C.B. 490);
(3) the timely submission of all additional information requested by the Service to perfect
an exemption application or request for determination of private foundation status; and
(4) exhaustion of all administrative appeals available within the Service pursuant to section
7.
Not earlier than 270 days after
seeking determination
.03 An organization will in no event be deemed to have exhausted its administrative reme-
dies prior to the earlier of:
(1) the completion of the steps in section 10.02, and the sending by the Service by certified
or registered mail of a final determination letter or ruling; or
(2) the expiration of the 270-day period described in § 7428(b)(2) in a case where the Service
has not issued a final determination letter or ruling and the organization has taken, in a timely
manner, all reasonable steps to secure a determination letter or ruling.
Service must have reasonable time
toactonanappealorprotest
.04 The steps described in section 10.02 willnot be considered completed until the Service
has had a reasonable time to act upon an appeal or protest as the case may be.
Final determination to which
§7428applies
.05 A final determination to which § 7428 of theCode applies is a determination letter or
ruling, sent by certified or registered mail, which holds that the organization is not described in
§ 501(c)(3) or § 170(c)(2), is a public charity described in a part of § 509 or § 170(b)(1)(A) other
than the part under which the organization requested classification, is not a private foundation
as defined in § 4942(j)(3), or is a private foundation and not a public charity described in a part
of § 509 or § 170(b)(1)(A).
SECTION 11. EFFECT OF
DETERMINATION LETTER
OR RULING RECOGNIZING
EXEMPTION
Effectivedateofexemption.01 A determination letter or ruling recognizing exemption is usually effective as of the date
of formation of an organization if its purposesand activities prior to the date of the determi-
nation letter or ruling were consistent with the requirements for exemption. However, special
rules under § 508(a) of the Code may apply to an organization applying for exemption under
§ 501(c)(3), and special rules under § 505(c) may apply to an organization applying for ex-
emption under §§ 501(c)(9), (17), or (20).
(1) If the Service requires the organization to alt
er its activities or make substantive amend-
ments to its enabling instrument, the exemption wi
ll be effective as of the date specified in a
determination letter or ruling.
(2) If the Service requires the organization to make a nonsubstantive amendment, exemp-
tion will ordinarily be recognized as of the date of formation. Examples of nonsubstantive
amendments include correction of a clerical error in the enabling instrument or the addition of
a dissolution clause where the activities of the organization prior to the determination letter or
ruling are consistent with the requirements for exemption.
Reliance on determination letter
or ruling
.02 A determination letter or ruling recognizing exemption may not be relied upon if there
is a material change, inconsistent with exemption, in the character, the purpose, or the method
of operation of the organization. Also, a determination letter or ruling may not be relied upon
if it was based on any inaccurate material factual representations.Seesection 12.01.
2009–2 I.R.B.265January 12, 2009

SECTION 12. REVOCATION
OR MODIFICATION OF
DETERMINATION LETTER
OR RULING RECOGNIZING
EXEMPTION
A determination letter or ruling recognizing exemption may be revoked or modified by (1)
a notice to the taxpayer to whom the determination letter or ruling was issued, (2) enactment of
legislation or ratification of a tax treaty, (3) a decision of the United States Supreme Court, (4)
the issuance of temporary or final regulations, or (5) the issuance of a revenue ruling, revenue
procedure, or other statement published in the Internal Revenue Bulletin.
Revocation or modification of a
determination letter or ruling may
be retroactive
.01 The revocation or modification of a determination letter or ruling recognizing exemption
may be retroactive if the organizationomittedormisstatedamaterialfact,operatedinamanner
materially different from that originally represented, or, in the case of organizations to which
§ 503 of the Code applies, engaged in a prohibited transaction with the purpose of diverting
corpus or income of the organization from its exempt purpose and such transaction involved a
substantial part of the corpus or income of suchorganization. In certain cases an organization
may seek relief from retroactive revocation or modification of a determination letter or ruling
under § 7805(b). Requests for § 7805(b) relief are subject to the procedures set forth in Rev.
Proc. 2009–4.
(1) Where there is a material change, inconsistent with exemption, in the character, the pur-
pose, or the method of operation of an organization, revocation or modification will ordinarily
take effect as of the date of such material change.
(2) In the case where a determination letter or ruling is issued in error or is no longer in
accord with the Service’s positionand § 7805(b) relief is granted (seesections 13 and 14 of
Rev. Proc. 2009–4), ordinarily, the revocation or modification will be effective not earlier than
the date when the Service modifies or revokesthe original determination letter or ruling.
Appeal and conference procedures
in the case of revocation or
modification of exempt status
letter
.02 In the case of a revocation or modification of a determination letter or ruling, the appeal
and conference procedures are generally the same as set out in section 7 of these procedures,
including the right of the organization to request that EO Determinations or the Appeals Office
seek technical advice from EO Technical. However, appeal and conference rights are not ap-
plicable to matters where delay would be prejudicial to the interests of the Service (such as in
cases involving fraud, jeopardy, the imminence of the expiration of the statute of limitations,
or where immediate action is necessary to protect the interests of the Government).
(1) If the case involves an exempt status issue on which EO Technical had issued a previous
contrary ruling or technical advice, EO Determinations generally must seek technical advice
from EO Technical.
(2) EO Determinations does not have to seek technical advice if the prior ruling or technical
advice has been revoked by subsequent contrary published precedent or if the proposed revo-
cation involves a subordinate unit of an organization that holds a group exemption letter issued
by EO Technical, the EO Technical ruling or technical advice was issued under the Internal
Revenue Code of 1939 or prior revenue acts, or if the ruling was issued in response to Form
4653,Notification Concerning Foundation Status.
SECTION 13. EFFECT
ON OTHER REVENUE
PROCEDURES
Rev. Proc. 2008–9 is superseded.
SECTION 14. EFECTIVE DATEThis revenue procedure is effective January 12, 2009.
SECTION 15. PAPERWORK
REDUCTION ACT
The collection of information for a letter application under section 3.05 of this revenue pro-
cedure has been reviewed and approved by the Office of Management and Budget (OMB)
in accordance with the Paperwork Reduction Act (44 U.S.C. § 3507) under control number
1545–2080. All other collections of information under this revenue procedure have been ap-
proved under separate OMB control numbers.
An agency may not conduct or sponsor, and a person is not required to respond to, a collec-
tion of information unless the collection of information displays a valid OMB control number.
January 12, 20092662009–2 I.R.B.

The collection of this information is required if an organization wants to be recognized as
tax-exempt by the Service. We need the information to determine whether the organization
meets the legal requirements for tax-exempt status. In addition, this information will be used
to help the Service delete certain information from the text of an adverse determination letter
or ruling before it is made available for public inspection, as required by § 6110.
The time needed to complete and file a letter application will vary depending on individual
circumstances. The estimated average time is 10 hours.
Books and records relating to the collection of information must be retained as long as their
contents may become material in the administration of any internal revenue law. The rules
governing the confidentiality of letter applications are covered in § 6104.
DRAFTING INFORMATIONThe principal author of this revenue procedure is Ted Lieber of the Exempt Organizations,
Tax Exempt and Government Entities Division. For further information regarding this revenue
procedure, please contact the TE/GE Customer Service office at (877) 829–5500 (a toll-free
call).
26 CFR 601.601: Rules and regulations.
(Also Part I, §§ 61, 1012, 1016; 1.61–1.)
Rev. Proc. 2009–10
SECTION 1. PURPOSE
This revenue procedure provides a safe
harbor for the treatment of certain pay-
ments received by a regulated investment
company under Part 1 of subchapter M
of the Internal Revenue Code (sections
851–855) that is a money market fund reg-
istered with the Securities and Exchange
Commission and regulated under Rule
2a–7 of the Investment Company Act of
1940, 17 C.F.R. 270.2a–7 (“Money Mar-
ket Fund”).
SECTION 2. BACKGROUND
.01Payment. Money Market Funds
strive to maintain a stable per share net as-
set value of $1.00. Persons who contract to
perform investment advisory or manage-
ment services (“Advisors”) are concerned
that a decline in per share net asset value
to a threshold amount below $1.00 (com-
monly referred to as “breaking the buck”)
will significantly harm their business rep-
utations and could lead to litigation by
shareholders. These Advisors may make a
payment (“Payment”) to the Money Mar-
ket Fund in order to maintain a per share
net asset value of $1.00. This Payment is
not calculated with reference to the invest-
ment advisory fees paid or to be paid to the
Advisor by the Money Market Fund, is not
a loan to the Money Market Fund, and does
not give the Advisor any ownership inter-
est in the Money Market Fund.
.02Excess Amount Received in a Pur-
chase Transaction. Alternatively, for the
same reasons described in section 2.01 of
this revenue procedure, an Advisor may
purchase an asset of a Money Market Fund
for an amount that exceeds the asset’s fair
market value (such excess hereinafter re-
ferred to as an “Excess Amount”). For ex-
ample, an Advisor may purchase a debt
instrument from the Money Market Fund
for $100x at a time when the fair mar-
ket value of the debt instrument is $90x.
When property is purchased for an amount
above fair market value for a purpose other
than the acquisition of the property, the Ex-
cess Amount (e.g.,$10xintheexample
in the preceding sentence) is generally not
accounted for as part of the purchase/sale
transaction for tax purposes. Thus, in the
example, the Advisor is treated as having
a cost basis in the purchased debt instru-
ment of $90x. The Excess Amount should
be treated in the same manner as a Payment
described in section 2.01 of this revenue
procedure.
SECTION 3. SCOPE
This revenue procedure applies to a
Money Market Fund that receives a Pay-
ment or Excess Amount described in
section 2 of this revenue procedure.
SECTION 4. PROCEDURE
The Internal Revenue Service will not
challenge the treatment of a Payment or
Excess Amount by a Money Market Fund
to which this revenue procedure applies if
the Money Market Fund treats the Pay-
ment or Excess Amount as short-term cap-
ital gain in the taxable year in which the
Payment or Excess Amount is received.
No inference should be drawn from this
revenue procedure as to whether or not
other treatments of Payments or Excess
Amounts may be appropriate.
SECTION 5. EFFECTIVE DATE
This revenue procedure is effective
with respect to Payments or Excess
Amounts received before January 1, 2010,
by a Money Market Fund to which this
revenue procedure applies.
SECTION 6. DRAFTING
INFORMATION
The principal author of this revenue
procedure is Richard C. LaFalce of the
Office of the Associate Chief Counsel
(Financial Institutions & Products). For
further information, contact him at (202)
622–3930 (not a toll-free call).
2009–2 I.R.B.267January 12, 2009

Definition of Terms
Revenue rulings and revenue procedures
(hereinafter referred to as “rulings”) that
have an effect on previous rulings use the
following defined terms to describe the ef-
fect:
Amplifieddescribes a situation where
no change is being made in a prior pub-
lished position, but the prior position is be-
ingextendedtoapplytoavariationofthe
fact situation set forth therein. Thus, if
an earlier ruling held that a principle ap-
plied to A, and the new ruling holds that the
same principle also applies to B, the earlier
ruling is amplified. (Compare withmodi-
fied,below).
Clarifiedis used in those instances
where the language in a prior ruling is be-
ing made clear because the language has
caused, or may cause, some confusion.
It is not used where a position in a prior
ruling is being changed.
Distinguisheddescribes a situation
where a ruling mentions a previously pub-
lished ruling and points out an essential
difference between them.
Modifiedis used where the substance
of a previously published position is being
changed. Thus, if a prior ruling held that a
principle applied to A but not to B, and the
new ruling holds that it applies to both A
and B, the prior ruling is modified because
it corrects a published position. (Compare
withamplifiedandclarified, above).
Obsoleteddescribes a previously pub-
lished ruling that is not considered deter-
minative with respect to future transac-
tions. This term is most commonly used in
a ruling that lists previously published rul-
ings that are obsoleted because of changes
in laws or regulations. A ruling may also
be obsoleted because the substance has
been included in regulations subsequently
adopted.
Revokeddescribes situations where the
position in the previously published ruling
is not correct and the correct position is
beingstatedinanewruling.
Supersededdescribes a situation where
the new ruling does nothing more than re-
state the substance and situation of a previ-
ously published ruling (or rulings). Thus,
the term is used to republish under the
1986 Code and regulations the same po-
sition published under the 1939 Code and
regulations. The term is also used when
it is desired to republish in a single rul-
ing a series of situations, names, etc., that
were previously published over a period of
time in separate rulings. If the new rul-
ing does more than restate the substance
of a prior ruling, a combination of terms
is used. For example,modifiedandsu-
persededdescribes a situation where the
substance of a previously published ruling
is being changed in part and is continued
without change in part and it is desired to
restate the valid portion of the previously
published ruling in a new ruling that is self
contained. In this case, the previously pub-
lished ruling is first modified and then, as
modified, is superseded.
Supplementedis used in situations in
which a list, such as a list of the names of
countries, is published in a ruling and that
list is expanded by adding further names in
subsequent rulings. After the original rul-
ing has been supplemented several times, a
new ruling may be published that includes
the list in the original ruling and the ad-
ditions, and supersedes all prior rulings in
the series.
Suspendedis used in rare situations to
show that the previous published rulings
will not be applied pending some future
action such as the issuance of new or
amended regulations, the outcome of cases
in litigation, or the outcome of a Service
study.
Abbreviations
The fol
lowing abbreviations in current use
and for
merly used will appear in material
publis
hedintheBulletin.
A—Individual.
Acq.—A
cquiescence.
B—Individual.
BE—Beneficiary.
BK—Bank
.
B.T.A.—Board of Tax Appeals.
C—Individual.
C.B.—Cu
mulative Bulletin.
CFR—Code of Federal Regulations.
CI—City.
COOP—Coo
perative.
Ct.D.—Court Decision.
CY—County.
D—Decede
nt.
DC—Dummy Corporation.
DE—Donee.
Del. Order
—Delegation Order.
DISC—Domestic International Sales Corporation.
DR—Donor.
E—Estate.
EE—Employee.
E.O.—Executive Order.
ER—Emp
loyer.
ERISA—Employee Retirement Income Security Act.
EX—Executor.
F—Fiduc
iary.
FC—Foreign Country.
FICA—Federal Insurance Contributions Act.
FISC—Fo
reign International Sales Company.
FPH—Foreign Personal Holding Company.
F.R.—Federal Register.
FUTA—Fed
eral Unemployment Tax Act.
FX—Foreign corporation.
G.C.M.—Chief Counsel’s Memorandum.
GE—Grante
e.
GP—General Partner.
GR—Grantor.
IC—Insura
nce Company.
I.R.B.—Internal Revenue Bulletin.
LE—Lessee.
LP—Limited
Partner.
LR—Lessor.
M—Minor.
Nonacq.—No
nacquiescence.
O—Organization.
P—Parent Corporation.
PHC—Persona
l Holding Company.
PO—Possession of the U.S.
PR—Partner.
PRS—Pa
rtnership.
PTE—Prohibited Transaction Exemption.
Pub. L.—Public Law.
REIT—Re
al Estate Investment Trust.
Rev. Proc.—Revenue Procedure.
Rev. Rul.—Revenue Ruling.
S—Subsi
diary.
S.P.R.—Statement of Procedural Rules.
Stat.—Statutes at Large.
T—Target
Corporation.
T.C.—Tax Court.
T.D.—Treasury Decision.
TFE—Trans
feree.
TFR—Transferor.
T.I.R.—Technical Information Release.
TP—Taxpay
er.
TR—Trust.
TT—Trustee.
U.S.C.—Uni
ted States Code.
X—Corporation.
Y—Corporation.
Z—Corporat
ion.
January 12, 2009i2009–2 I.R.B.

Numerical Finding List
1
Bulletins 2009–1 through 2009–2
Announcements:
2009-1, 2009-1 I.R.B.242
Notices:
2009-1, 2009-2 I.R.B.250
2009-3, 2009-2 I.R.B.250
2009-4, 2009-2 I.R.B.251
Revenue Procedures:
2009-1, 2009-1 I.R.B.1
2009-2, 2009-1 I.R.B.87
2009-3, 2009-1 I.R.B.107
2009-4, 2009-1 I.R.B.118
2009-5, 2009-1 I.R.B.161
2009-6, 2009-1 I.R.B.189
2009-7, 2009-1 I.R.B.226
2009-8, 2009-1 I.R.B.229
2009-9, 2009-2 I.R.B.256
2009-10, 2009-2 I.R.B.267
Revenue Rulings:
2009-1, 2009-2 I.R.B.248
2009-2, 2009-2 I.R.B.245
1
A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2008–27 through 2008–52 is in Internal Revenue Bulletin
2008–52, dated December 29, 2008.
2009–2 I.R.B.iiJanuary 12, 2009

Finding List of Current Actions on
Previously Published Items
1
Bulletins 2009–1 through 2009–2
Notices:
2001-55
Modified by
Notice 2009-1, 2009-2 I.R.B.250
Revenue Procedures:
2007-71
Modified by
Notice 2009-3, 2009-2 I.R.B.250
2008-1
Superseded by
Rev. Proc. 2009-1, 2009-1 I.R.B.1
2008-2
Superseded by
Rev. Proc. 2009-2, 2009-1 I.R.B.87
2008-3
Superseded by
Rev. Proc. 2009-3, 2009-1 I.R.B.107
2008-4
Superseded by
Rev. Proc. 2009-4, 2009-1 I.R.B.118
2008-5
Superseded by
Rev. Proc. 2009-5, 2009-1 I.R.B.161
2008-6
Superseded by
Rev. Proc. 2009-6, 2009-1 I.R.B.189
2008-7
Superseded by
Rev. Proc. 2009-7, 2009-1 I.R.B.226
2008-8
Superseded by
Rev. Proc. 2009-8, 2009-1 I.R.B.229
2008-9
Superseded by
Rev. Proc. 2009-9, 2009-2 I.R.B.256
2008-61
Superseded by
Rev. Proc. 2009-3, 2009-1 I.R.B.107
1
A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2008–27 through 2008–52 is in Internal Revenue Bulletin 2008–52, dated December 29,
2008.
January 12, 2009iii2009–2 I.R.B.

2009–2 I.R.B.January 12, 2009

January 12, 20092009–2 I.R.B.

INTERNAL REVENUE BULLETIN
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