us-irs-revenue-rulings-irb-2009-30-pdf•Internal Revenue Bulletin 2009-30 (PDF rendition): IRS Revenue Rulings
Internal Revenue Bulletin 2009-30 (PDF rendition): IRS Revenue Rulings
us-irs-revenue-rulings-irb-2009-30-pdfInternal Revenue Bulletin 2009-30 (PDF rendition): IRS Revenue RulingsGuidance
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Bulletin No. 200 9-30 July 27, 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 Notice 2009–58, page 163. This notice sets forth a process that allows manufacturers to certify to the Service that a particular vehicle meets the require- ments of section 30 of the Code. Taxpayers purchasing such vehicles can rely on the domestic manufacturer’s (or, in the case of a foreign manufacturer, its domestic distributor’s) cer- tification that both a particular make, model, and model year of vehicle qualifies as a plug-in electric vehicle under section 30, and the amount of the credit is allowable with respect to the vehicle. EXEMPT ORGANIZATIONS Announcement 2009–60, page 166. The IRS has revoked its determination that High Country Foundation of Salt Lake City, UT; Institute for Debt Relief of Chicago, IL; and American Debt Management Services, Inc., of Farmingdale, Melville, and Old Bethpage, NY, qualify as organizations described in sections 501(c)(3) and 170(c)(2) of the Code. ESTATE TAX Rev. Rul. 2009–21, page 162. Special use value; farms; interest rates.The 2009 interest rates to be used in computing the special use value of farm real property for which an election is made under section 2032A of the Code are listed for estates of decedents. Finding Lists begin on page ii. Index for begins on page iv. 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. July 27, 20092009–30 I.R.B. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 2032A .—Valuation of Certain Far m, Etc., Real Property 26 CFR 20.2032A–4: Method of valuing farm real property. Special use value; farms; interest rates.The 2009 interest rates to be used in computing the special use value of farm real property for which an election is made under section 2032A of the Code are listed for estates of decedents. Rev. Rul. 2009–21 This revenue ruling contains a list of the average annual effective interest rates on new loans under the Farm Credit System. This revenue ruling also contains a list of the states within each Farm Credit System Bank Chartered Territory. Under § 2032A( e)(7)(A)(ii) of the In- ternal Revenu e Code, rates on new Farm Credit System Bank loans are used in com- puting the sp ecial use value of real prop- erty used as a farm for which an election is made under § 2032A. The rates in this revenue ruli ng may be used by estates that value farml and under § 2032A as of a date in 2009. Average ann ual effective interest rates, calc ulated in accordance with § 2032A(e)( 7)(A) and § 20.2032A–4(e) of the Estat e Tax Regulations, to be used under § 203 2A(e)(7)(A)(ii), are set forth in the accomp anying Table of Interest Rates (Table 1). The states within each Farm Credit Sys tem Bank Chartered Territory are set for th in the accompanying Table of Farm Cr edit System Bank Chartered Territor ies (Table 2). Rev. Rul. 81–1 70, 1981–1 C.B. 454, contains an il lustrative computation of an average annua l effective interest rate. The rates applic able for valuation in 2008 are in Rev. Rul. 2 008–44, 2008–32 I.R.B. 292. For rate information for years prior to 2008, see R ev. Rul. 2007–45, 2007–2 C.B. 49, and other revenue rulings that are referenced therein. DRAFTING IN FORMATION The princip al author of this revenue rul- ing is Lane D amazo of the Office of the As- sociate Chi ef Counsel (Passthroughs and Special Ind ustries). For further informa- tion regar ding this revenue ruling, contact Lane Damaz o at (202) 622–3090 (not a toll-free call). REV. RUL. 2009–21 TABLE 1 TABLE OF INTEREST RATES (Year of Valuation 2009) Farm Credit System Bank Servicing State in Which Property is LocatedRate AgFirst,FCB ....................................................................... 7.63 AgriBank, FCB ..................................................................... 6.50 CoBank,ACB ...................................................................... 6.17 Texas,FCB ........................................................................ 6.59 U.S. AgBa nk,FCB.................................................................. 6.23 REV. RUL. 2 009–21 TABLE 2 TABLE OF FA RM CREDIT SYSTEM BANK CHARTERED TERRITORIES Farm Credi tSystemBank Location o fProperty AgFirst,FCB ............................................ Delaware,DistrictofColumbia,Florida,Georgia,Maryland, North Carolina, Pennsylvania, South Carolina, Virginia, West Virginia. AgriBank,FCB .......................................... Arkansas,Illinois,Indiana,Iowa,Kentucky,Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee, Wisconsin, Wyoming. CoBank,ACB ........................................... Alaska,Connecticut,Idaho,Maine,Massachusetts,Montana, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington. Texas,FCB ............................................. Alabama,Louisiana,Mississippi,Texas. U.S.Agbank,FCB ....................................... Arizona,California,Colorado,Hawaii,Kansas,NewMexico, Nevada, Oklahoma, Utah. 2009–30 I.R.B.162July 27, 2009 Part III. Administrative, Procedural, and Miscellaneous Qualified Plug-In Electric Vehicle Credit Under Section 30 Notice 2009–58 SECTION 1. PURPOSE This notice sets forth interim guidance, pending the issuance of regulations, relat- ing to the qualified plug-in electric vehi- cle credit under § 30 of the Internal Rev- enue Code. Specifically, this notice pro- vides procedures for a vehicle manufac- turer (or, in the case of a foreign vehi- cle manufacturer, its domestic distributor) to certify to the Internal Revenue Service (“Service”) that a vehicle of a particular make, model, and model year meets the re- quirements that must be satisfied to claim the new specified plug-in electric vehicle credit under § 30. This notice also provides guidance to taxpayers who purchase vehicles regard- ing the conditions under which they may rely on the vehicle manufacturer’s (or, in the case of a foreign vehicle manufacturer, its domestic distributor’s) certification in determining whether a credit is allowable with respect to the vehicle. The Service and the Treasury Department expect that the regulations will incorporate the rules set forth in this notice. SECTION 2. BACKGROUND Section 30 provides for a credit for qualified plug-in electric vehicles. The credit is an amount equal to 10 percent of the cost of a qualified plug-in electric vehicle placed in service by the taxpayer during the taxable year. Section 30(b) limits the amount of the credit allowed for a vehicle to $2,500. SECTION 3. SCOPE OF NOTICE The qualified plug-in electric vehicle credit applies to new specified plug-in electric vehicles that are acquired after February 17, 2009, and before January 1, 2012, and that otherwise meet the require- ments of § 30. No credit is allowed under § 30 for a vehicle that is acquired after February 17, 2009, and before January 1, 2010, if the credit for qualified plug-in electric drive motor vehicles under § 30D is allowable for that vehicle. The credit for qualified plug-in electric drive motor vehi- cles applies for vehicles placed in service in taxable years beginning after December 31, 2008. Guidance regarding the credit under § 30D for qualified plug-in electric drive motor vehicles that are acquired be- fore January 1, 2010, is provided in Notice 2009–54, 2009–26 I.R.B. 1124. Guidance regarding the credit under § 30D for qual- ified plug-in electric drive motor vehicles that are acquired after December 31, 2009 will be provided in a separate notice. SECTION 4. MEANING OF TERMS The following definitions apply for pur- poses of this notice: .01In General. Terms used in this no- tice and not defined in this section 4 have the same meaning as when used in § 30. .02Battery Capacity. The term “bat- tery capacity” means the quantity of elec- tricity that the battery is capable of storing, expressed in kilowatt hours, as measured from a 100 percent state of charge to a zero percent state of charge. .03Specified Vehicle. The term “speci- fied vehicle” means any vehicle that: (a) Is a low-speed vehicle as defined in section 4.04 of this notice, or (b) Has two or three wheels. .04Low Speed Vehicle.The term “low speed vehicle” means a vehicle: (1) That has at least four wheels; (2) That is manufactured primarily for use on public streets, roads and highways (not including a vehicle operated exclu- sively on a rail or rails); (3) That is not manufactured primarily for off-road use, such as primarily for use on a golf course; (4) Whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour on a paved level surface; and (5) Whose gross vehicle weight rating is less than 3,000 pounds. .05Model Year. The term “model year” means the model year determined under the Clean Air Act regulations (see 40 CFR § 86–082–2). SECTION 5. MANUFACTURER’S CERTIFICATION .01When Certification Permitted.A vehicle manufacturer (or, in the case of a foreign vehicle manufacturer, its domestic distributor) may certify to purchasers that a vehicle of a particular make, model, and (if applicable) model year meets all require- ments (other than those listed in section 5.02 of this notice) that must be satisfied to claim the qualified plug-in electric vehicle credit allowable under § 30 with respect to the vehicle, if the following requirements are met: (1) The manufacturer (or, in the case of a foreign vehicle manufacturer, its domes- tic distributor) has submitted to the Ser- vice, in accordance with this section 5, a certification with respect to the vehicle and the certification satisfies the requirements of section 5.03 of this notice; and (2) The manufacturer (or, in the case of a foreign vehicle manufacturer, its domes- tic distributor) has received an acknowl- edgment of the certification from the Ser- vice. .02Purchaser’s Reliance. Except as provided in section 5.05 of this notice, a purchaser of a vehicle may rely on the manufacturer’s (or, in the case of a foreign vehicle manufacturer,its domestic distrib- utor’s) certification concerning the vehicle (including cases in which the certification is received after the purchase of the ve- hicle). The purchaser may claim a credit with respect to a vehicle if the following requirements are satisfied: (1) The vehicle is acquired after Febru- ary 17, 2009, and on or before December 31, 2011; (2) The original use of the vehicle com- mences with the taxpayer; (3) The vehicle is acquired for use or lease by the taxpayer, and not for resale; (4) The vehicle is used predominantly in the United States. .03Content of Certification. The cer- tification must contain the information re- quired in section 5.03(1) of this notice and any applicable additional information re- quired in section 5.03(2) of this notice. (1)All Vehicles. For all vehicles, the certification must contain the following in- formation: July 27, 20091632009–30 I.R.B. (a) The name, address, and taxpayer identification number of the certifying en- tity; (b) The make, model and (if applica- ble) model year, and any other appropriate identifiers of the vehicle; (c) A statement that the vehicle is made by a manufacturer; (d) The gross vehicle weight rating of the vehicle; (e) A statement that the vehicle is pro- pelled to a significant extent by an electric motor which draws electricity from a bat- tery; (f) The number of wheels that the vehi- cle has; (g) The kilowatt hour capacity of the battery; (h) A statement that the battery is ca- pable of being recharged from an external source of electricity; (i) A statement that the vehicle is manu- factured primarily for use on public streets, roads, and highways, and is not manufac- tured primarily for off-road use; (j) A description of the motor vehicle safety provisions of 49 C.F.R. Part 571 applicable to the vehicle and a statement that the vehicle complies with those provi- sions; and (k) A declaration, applicable to the cer- tification, statements, and any accompa- nying documents, signed by a person cur- rently authorized to bind the manufacturer (or, in the case of a foreign vehicle manu- facturer, its domestic distributor) in these matters, in the following form: “Under penalties of perjury, I declare that I have examined this certification, including ac- companying documents, and to the best of my knowledge and belief, the facts pre- sented in support of this certification are true, correct, and complete.” (2)Low Speed Vehicles. A certification with respect to a low speed vehicle as de- finedinsection4.04ofthisnoticemust also contain the following: (a) A statement that the vehicle is a low speed vehicle within the meaning of sec- tion 571.3 of Title 49 of the Code of Fed- eral Regulations (as in effect on February 17, 2009), and (b) A specific statement that the max- imum speed attainable by the vehicle in 1 mile is more than 20 miles per hour but not more than 25 miles per hour on a paved level surface. .04Acknowledgement of Certification. The Service will review the original signed certification and issue an acknowledgment letter to the vehicle manufacturer (or, in the case of a foreign vehicle manufacturer, its domestic distributor) within 30 days of receipt of the request for certification. This acknowledgment letter will state whether purchasers may rely on the certification. .05Effect of Erroneous Certification. The acknowledgment that the Service provides for a certification is not a deter- mination that a vehicle qualifies for the credit. If the Service, upon examination (and after any appropriate consultation with the Department of Transportation or the Environmental Protection Agency), determines that the vehicle is not a quali- fied plug-in electric vehicle, the manufac- turer’s (or, in the case of a foreign vehicle manufacturer, its domestic distributor’s) right to provide a certification to future purchasers of plug-in electric vehicles will be withdrawn. Purchasers who acquire vehicles after the date on which the Ser- vice publishes an announcement of the withdrawal may not rely on the certifica- tion. Purchasers may continue to rely on the certification for vehicles they acquired on or before the date on which the an- nouncement of the withdrawal is published (including in cases in which the vehicle is not placed in service and the credit is not claimed until after that date), and the Service will not attempt to collect any understatement of tax liability attributable to such reliance. Manufacturers (or, in the case of foreign vehicle manufacturers, their domestic distributors) are reminded that an erroneous certification may result in the imposition of penalties, including, but not limited to, the following: (1) Under § 7206 for fraud and making false statements; and (2) Under § 6701 for aiding and abetting an understatement of tax liability in the amount of $1,000 ($10,000 in the case of understatements by corporations) per re- turn on which a credit is claimed in re- liance on the certification. Section 6. TIME AND ADDRESS FOR FILING CERTIFICATION .01Time for Filing Certification.In order for a certification under section 5 of this notice to be effective for qualified plug-in electric vehicles placed in service during a calendar year, the certification must be received by the Service not later than December 31 of that calendar year. .02Address for Filing. Certifications under section 5 of this notice must be sent to: Internal Revenue Service Industry Director, LMSB, Heavy Manufacturing &Transportation MetroParkOfficeComplex—LMSB 111 Wood Avenue, South Iselin, New Jersey 08830 Section 7. PAPERWORK REDUCTION ACT The collection of information contained in this notice has been reviewed and ap- proved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545–2150. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. The collections of information in this notice are in sections 5 and 6. This in- formation is required to be collected and retained in order to ensure that vehicles meet the requirements for the qualified plug-in electric vehicle credit under § 30. This information will be used to determine whether the vehicle for which the credit is claimed by a taxpayer is property that qualifies for the credit. The collection of information is voluntary to obtain a ben- efit. The likely respondents are corpora- tions and partnerships. The estimated total annual reporting burden is 250 hours. The estimated annual burden per re- spondent varies from 6 hours to 12 hours, depending on individual circumstances, with an estimated average burden of 10 hours to complete the certification re- quired under this notice. The estimated number of respondents is 25. The estimated annual frequency of re- sponses is on occasion. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return 2009–30 I.R.B.164July 27, 2009 information are confidential, as required by 26 U.S.C. 6103. SECTION 8. DRAFTING INFORMATION The principal author of this notice is Patrick S. Kirwan of the Office of Asso- ciate Chief Counsel (Passthroughs & Spe- cial Industries). For further information regarding this notice, contact Mr. Kirwan at (202) 622–3110 (not a toll-free call). July 27, 20091652009–30 I.R.B. Part IV. Items o fGeneralInterest Deletions Fro m Cumulative List of Organi zations Contribution stoWhich are Deductib le Under Section 170 of the Cod e Announceme nt 2009–60 The Interna l Revenue Service has re- voked its de termination that the organi- zations lis ted below qualify as organiza- tions descr ibed in sections 501(c)(3) and 170(c)(2) of the Internal Revenue Code of 1986. Generally , the Service will not disallow deduction s for contributions made to a listed org anization on or before the date of announc ement in the Internal Revenue Bulletin that an organization no longer qualifies. Ho wever, the Service is not precluded fro m disallowing a deduction for any contri butions made after an or- ganization ce ases to qualify under section 170(c)(2)ift he organization has not timely filed a suit f or declaratory judgment under section 7428 and if the contributor (1) had knowledge of the revocation of the ruling or determina tion letter, (2) was aware that such revoca tion was imminent, or (3) was in part resp onsible for or was aware of the activities or omissions of the organization that brough t about this revocation. If on the oth er hand a suit for declara- tory judgme nt has been timely filed, con- tribution s from individuals and organiza- tions desc ribedinsection170(c)(2)that are otherw ise allowable will continue to be deducti ble. Protection under section 7428(c) wo uld begin on July 27, 2009, and would end on th e date the court first deter- mines that the organization is not described in section 170 (c)(2) as more particularly set forth in se ction 7428(c)(1). For indi- vidual contri butors, the maximum deduc- tion protect ed is $1,000, with a husband and wife trea ted as one contributor. This benefit is no t extended to any individual, in whole or in pa rt, for the acts or omissions of the organ ization that were the basis for revocation . High Count ry Foundation Salt Lake City, UT Institut eforDebtRelief Chicago, IL American Debt Management Services, Inc Farmingd ale, NY Melville ,NY Old Bethpa ge, NY 2009–30 I.R.B.166July 27, 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. July 27, 2009i2009–30 I.R.B. Numerical Finding List 1 Bulletins 2009–27 through 2009–30 Announcements: 2009-56, 2009-28 I.R.B.145 2009-57, 2009-29 I.R.B.158 2009-58, 2009-29 I.R.B.158 2009-59, 2009-29 I.R.B.158 2009-60, 2009-30 I.R.B.166 Notices: 2009-51, 2009-28 I.R.B.128 2009-57, 2009-29 I.R.B.147 2009-58, 2009-30 I.R.B.163 Proposed Regulations: REG-112994-06, 2009-28 I.R.B.144 Revenue Procedures: 2009-30, 2009-27 I.R.B.27 2009-31, 2009-27 I.R.B.107 2009-32, 2009-28 I.R.B.142 2009-33, 2009-29 I.R.B.150 Revenue Rulings: 2009-18, 2009-27 I.R.B.1 2009-19, 2009-28 I.R.B.111 2009-20, 2009-28 I.R.B.112 2009-21, 2009-30 I.R.B.162 Treasury Decisions: 9452, 2009-27 I.R.B.1 9453, 2009-28 I.R.B.114 1 A cumulative list of all revenue rulings, revenueprocedures, Treasury decisions, etc., publishedin Internal Revenue Bulletins 2009–1 through 2009–26 is in Internal Revenue Bulletin 2009–26, dated June 29, 2009. 2009–30 I.R.B.iiJuly 27, 2009 Finding List of Current Actions on Previously Published Items 1 Bulletins 2009–27 through 2009–30 Notices: 2006-70 Obsoleted by T.D. 9453, 2009-28 I.R.B.114 2006-109 Superseded in part by Rev. Proc. 2009-32, 2009-28 I.R.B.142 Revenue Procedures: 97-49 Modified and superseded by Rev. Proc. 2009-31, 2009-27 I.R.B.107 2008-38 Superseded by Rev. Proc. 2009-30, 2009-27 I.R.B.27 2008-65 Modified by Rev. Proc. 2009-33, 2009-29 I.R.B.150 2009-16 Modified by Rev. Proc. 2009-33, 2009-29 I.R.B.150 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2009–1 through 2009–26 is in Internal Revenue Bulletin 2009–26, dated June 29, 2009. July 27, 2009iii2009–30 I.R.B. INDEX Internal Revenue Bulletin 2009–27 through 2009–30 The abbreviation and number in parenthesis following the index entry refer to the specific item; numbers in roman and italic type following the parenthesis refers to the Internal Revenue Bulletin in which the item may be found and the page number on which it appears. Key to Abbreviations: AnnAnnouncement CDCourt Decision DODelegation Order EOExecutive Order PLPublic Law PTEProhibited Transaction Exemption RPRevenue Procedure RRRevenue Ruling SPRStatement of Procedural Rules TCTax Convention TDTreasury Decision TDOTreasury Department Order EMPLOYEE PLANS Full funding limitations, weighted average interest rates, seg- ment rates for: July 2009 (Notice 57) 29,147 Tax sheltered annuity contracts (RR 18) 27,1 ESTATE TAX Due date for filing return and paying tax under Chapter 15 (Gifts and Bequests From Expatriates) (Ann 57) 29,158 Interest rates for 2009, farm real property, special use value (RR 21) 30,162 GIFT TAX Due date for filing return and paying tax under Chapter 15 (Gifts and Bequests From Expatriates) (Ann 57) 29,158 EXEMPT ORGANIZATIONS List of organizations classifiedas private foundations (Ann 58) 29,158 Reliance criteria for supporting organizations and donor advised funds making grants (RP 32) 28,142 Revocations (Ann 60) 30,166 INCOME TAX Bonds, tribal economic development bonds (Notice 51) 28,128 INCOME TAX—Cont. Corporations, transfers by domestic corporations or part- nerships to a foreign corporation (TD 9453) 28,114; (REG–112994–06) 28,144 Credits, qualified plug-in electric vehicle under section 30 (No- tice 58) 30,163 Depreciation, election to forgo additional first year depreciation deduction (RP 33) 29,150 Disciplinary actionsinvolving attorneys,certified public accoun- tants, enrolled agents, and enrolled actuaries (Ann 59) 29,158 Foreign tax credit, application of section 904 to dividends paid by a foreign corporation that is a noncontrolled section 902 corporation, rules under section 964 for a foreign corporation (TD 9452) 27,1 Forms, 1098, 1099, 3921, 3922, 5498, 8935, and W-2G, require- ments for filing electronically, 2009 revision (RP 30) 27,27 Gross income, general welfare exclusion (RR 19) 28,111 Interest: Investment: Federal short-term, mid-term, and long-term rates for: July 2009 (RR 20) 28,112 Methods of accounting, section 1.1502–13(e)(3) consent letter rulings (RP 31) 27,107 Private foundations, organizations now classified as (Ann 58) 29, 158 Proposed Regulation: 26 CFR 1.7874–1, amended; 1.7874–2, added; guidance un- der section 7874 regarding surrogate foreign corporations (REG–112994–06) 28,144 Proposed security, privacy, and business standards for authorized IRS e-file providers participating in online filing of individual income tax returns (Ann 56) 28,145 Publication 1220, Specifications for Filing Forms 1098, 1099, 3921, 3922, 5498, 8935, and W-2G Electronically, 2009 revi- sion (RP 30) 27,27 Regulations: 26 CFR 1.861–9, –9T, –12T, revised; 1.861–12, added; 1.902–1, revised; 1.902–1T, removed; 1.904–0, –2, –2T, –4, –4T, –5, –5T, –7, –7T, revised; 1.904(f)–0, –12, –12T, revised; 1.964–1, revised; 1.964–1T, removed; 1.989(b)–1, revised; 602.101, revised; application of section 904 to dividends paid by a foreign corporation that is a noncon- trolled section 902 corporation (TD 9452) 27,1 26 CFR 1.7874–1(e), revised; 1.7874–1T, added; 1.7874–2T, revised; guidance under section 7874 regarding surrogate foreign corporations (TD 9453) 28,114 Revocation, exempt organizations (Ann 60) 30,166 2009–30 I.R.B.ivJuly 27, 2009 July 27, 20092009–30 I.R.B. 2009–30 I.R.B.July 27, 2009 July 27, 20092009–30 I.R.B. 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