n-26-58.pdf

Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing.

This collection currently includes the publisher’s available advance-release directory. Historical bulletin renditions are discovered separately; an advance-release record alone does not certify the collection archive complete.

Part III – Administrative, Procedural, and Miscellaneous

Eliminating Unnecessary IRS Internal Revenue Bulletin Guidance

Notice 2026-58

SECTION 1. PURPOSE
This notice continues the process of eliminating extraneous and unnecessary items
of guidance published in the Internal Revenue Bulletin (I.R.B.) by identifying and
obsoleting 71 revenue rulings, revenue procedures, notices, and announcements
previously published in the I.R.B. (I.R.B. guidance documents).
SECTION 2. BACKGROUND
On January 31, 2025, the President issued Executive Order 14192, Unleashing
Prosperity Through Deregulation (E.O. 14192). The purpose of E.O. 14192 includes
reducing the economic burden caused by regulation. To further this goal, E.O. 14192
directs agencies to, among other requirements, identify ten existing regulations to be
repealed for each regulation publicly proposed for notice and comment or otherwise
promulgated.
On February 19, 2025, the President issued Executive Order 14219, Ensuring Lawful
Governance and Implementing the President’s ‘Department of Government Efficiency’
Deregulatory Initiative (E.O. 14219). The purpose of E.O. 14219 includes eliminating
“overbearing and burdensome” regulations and other guidance documents, and

2

“[e]nding Federal overreach.” To further these goals, E.O. 14219 directs agency heads
to coordinate with the Department of Government Efficiency (DOGE) Team Leads and
the Office of Management and Budget to identify regulations and other guidance
documents to be eliminated.
Accordingly, the Department of the Treasury (Treasury Department) and the Internal
Revenue Service (IRS) have undertaken a review of regulations and I.R.B. guidance
issued under the Internal Revenue Code
1
to identify guidance to be eliminated. This
review is ongoing. Notice 2025-22, 2025-19 I.R.B. 1427, obsoleted nine I.R.B.
guidance documents. Notice 2025-36, 2025-30 I.R.B. 192, obsoleted 83 I.R.B.
guidance documents.
This notice obsoletes 71 I.R.B. guidance documents. These 71 guidance documents
no longer provide useful information, and clarifying their status as obsolete will
streamline administration of the tax laws; reduce the volume of guidance that taxpayers
and their advisors need to review for compliance with the tax laws; and increase clarity
of the tax law. The Treasury Department and the IRS anticipate revoking or obsoleting
additional similar guidance documents in the near future.
SECTION 3. OBSOLETED GUIDANCE
.01 Section 9674(a) of the American Rescue Plan Act of 2021, Public Law 117-2, 153
Stat. 4 (2021) (ARP) was repealed by section 70432 of Public Law 119-21, 139 Stat. 72
(2025), commonly known as the One, Big, Beautiful Bill Act. The following guidance is
obsolete because it provides transition periods for IRS enforcement and administration
of the minimum reporting threshold in section 6050W(e) for Form 1099-K, Payment

1
Unless otherwise specified, all “section” or “§” references are to sections of the Internal Revenue Code
(Code) or the Internal Revenue Regulations (CFR Title 26).

3

Card and Third Party Network Transactions, based on the now-repealed section
9674(a) of the ARP:
(1) Notice 2024-85, Revised Timeline Regarding Implementation of Amended
Section 6050W(e), 2024-51 I.R.B. 1349. This notice provides that calendar years 2024
and 2025 are transition periods for implementing the now-repealed section 9674(a) of
the ARP.
(2) Notice 2023-74, Revised Timeline Regarding Implementation of Amended
Section 6050W(e), 2023-51 I.R.B. 1484. This notice provides that calendar year 2023
is a transition period for implementing the now-repealed section 9674(a) of the ARP.
(3) Notice 2023-10, Revised Timeline Regarding Implementation of Amended
Section 6050W(e), 2023-3 I.R.B. 403. This notice provides that calendar year 2022 is a
transition period for implementing the now-repealed section 9674(a) of the ARP.
.02 The following guidance is obsolete because it concerns Code sections that were
repealed by section 13404(a) of Public Law 115-97, 131 Stat. 2054 (2017), commonly
known as the Tax Cuts and Jobs Act (TCJA):
(1) Notice 2010-17, Qualified School Construction Bond Allocations for 2010, 2010-
14 I.R.B. 519. This notice provides the face amount of qualified school construction
bonds allocated by the Treasury Department to each state and large local education
agency for 2010 under now-repealed section 54F(d).
(2) Notice 2008-70, Qualified Forestry Conservation Bonds, 2008-36 I.R.B. 575.
This notice solicits applications for authority to issue qualified forestry conservation
bonds under now-repealed section 54B(c).
(3) Notice 2007-56, Change of Address for Submission of CREBs Applications,

4

2007-27 I.R.B. 15. This notice changes the address to submit by mail applications for
allocation of the available volume cap for clean renewable energy bonds under now-
repealed section 54.
(4) Announcement 2010-54, Applications from Cooperative Electrical Companies
for Authority to Issue New Clean Renewable Energy Bonds Now Being Accepted by the
IRS, 2010-38 I.R.B. 386. This announcement solicits applications from cooperative
electrical companies for previously unallocated volume cap authority to issue new clean
renewable energy bonds under now-repealed section 54C.
.03 The following guidance was obsoleted by the enactment of section 2053(c)(1)(D)
(disallowing an estate tax deduction for interest attributable to extensions of time for
payment of tax under section 6166) in section 503(b)(1) of the Taxpayer Relief Act of
1997, Public Law 105-34, 111 Stat. 788 (1997):
(1) Rev. Rul. 78-125, Interest on Installment Payment of Tax, 1978-1 C.B. 292. This
revenue ruling holds that interest payable on estate tax installments under section 6166
is deductible as an administration expense under section 2053(a)(2).
(2) Rev. Proc. 81-27, 1981-27 I.R.B. 20. This revenue procedure sets forth the
procedure to be followed by an estate when installment payments due under sections
6166 or 6166A are recomputed because of a reduction in the estate tax caused by the
payment of interest on the tax due.
.04 The following guidance is obsolete because it relates to Code sections that have
been amended or repealed:
(1) Rev. Rul. 90-85, Passive Losses and Tax Shelter Registration, 1990-42 I.R.B.
5. This revenue ruling holds that representations concerning certain losses of a passive

5

activity under section 469(c) have no effect on the computation of an investor’s tax
shelter ratio for purposes of section 6111. Section 6111 was amended by section 815(a)
of the American Jobs Creation Act of 2004, Public Law 108-357, 118 Stat. 1418 (2004).
(2) Rev. Rul. 82-174, Windfall Profit Tax; Deduction; Accrual Method of Accounting,
1982-42 I.R.B. 6. This revenue ruling addresses when an accrual method producer of
crude oil may deduct the windfall profit tax under section 4995. The revenue ruling also
addresses when cash method producers of crude oil are required to reduce their
deduction for refunds or credits of the windfall profit tax. Section 4995 was repealed by
section 1941(a) of the Omnibus Trade and Competitiveness Act of 1988, Public Law
100-418, 102 Stat. 1107(1988) (1988 Omnibus Act).
(3) Rev. Rul. 81-99, Windfall Profit Tax; When Deductible, 1981-13 I.R.B. 32. This
revenue ruling addresses when a cash method producer of crude oil may deduct the
windfall profits tax imposed under section 4995. Section 4995 was repealed by section
1941(a) of the1988 Omnibus Act.
(4) Rev. Rul. 75-112, Ratable Inclusion of Interest; Church Bonds, 1975-1 C.B.
274. This revenue ruling generally concludes that the original issue discount ratable
inclusion rules in section 1232(a)(3) apply to bonds that are issued by a church and
provide for a redemption price in excess of the issue price. Section 1232 was repealed
by section 42(a)(1) of the Deficit Reduction Act of 1984, Public Law 98-369, 98 Stat. 494
(1984) (DEFRA). However, see section 1272 for the original issue discount inclusion
rules that apply to bonds and other debt instruments.
(5) Rev. Rul. 56-60, 1956-1 C.B. 443. This revenue ruling holds that the alternate
valuation date election cannot be taken in circumstances where the gross estate on the

6

date of death is below the statutory exemption. This rule is now addressed in section
2032(c), which was amended by section 1023(a) of DEFRA, and § 20.2032-1(b)(1),
which provide that the election must decrease the gross estate and the estate tax.
(6) Rev. Rul. 55-333, 1955-1 C.B. 449. This revenue ruling holds that section
811(j) of the Internal Revenue Code of 1939 does not limit application thereof to the
estates of decedents that have decreased in value during the one-year period following
the date of death. This guidance was obsoleted when section 1023(a) of DEFRA
amended section 2032(c).
(7) Rev. Rul. 54-106, 1954-1 C.B. 28. This revenue ruling generally concludes that
bonds issued by a municipality for the purpose of financing the acquisition or
construction of municipally owned industrial plants for lease to private enterprises
constitute obligations of a political subdivision within the meaning of section 22(b)(4) of
the Internal Revenue Code of 1939. The analysis in this revenue ruling was obsoleted
by the enactment of statutes governing the tax-exemption of industrial development
bonds in section 107 of the Revenue and Expenditure Control Act of 1968, Public Law
90-364, 82 Stat. 251 (1968).
(8) Notice 2010-51, Information Reporting Under the Amendments to Section 6041
for Payments to Corporations and Payments of Gross Proceeds and With Respect to
Property, 2010-29 I.R.B. 83. This notice solicits public comments regarding guidance to
be provided to payors and other persons affected by the amendments to section 6041
by section 9006 of the Patient Protection and Affordable Care Act of 2010, Public Law
111-148, 124 Stat. 119 (2010), which expanded the information reporting requirements
under that section to apply to payments made by corporations and to include payments

7

of gross proceeds with respect to property. This amendment was repealed by section
2(a) of the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange
Subsidy Overpayments Act of 2011, Public Law 112-9, 125 Stat. 36 (2011).
(9) Notice 98-57, D.C. Enterprise Zone/Census Tracts, 1998-47 I.R.B. 9. This
notice provides the identification of those census tracts in the District of Columbia
constituting the District of Columbia Enterprise Zone for purposes of section 1400 and
the DC Zone for purposes of section 1400B. Sections 1400 and 1400B were repealed
by division T, title IV, section 401(d)(4)(A) of the Consolidated Appropriations Act, 2018,
Public Law 115-141, 132 Stat. 348 (2018).
(10) Notice 96-8, Cash Balance Pension Plans, 1996-6 I.R.B. 23. This notice
provides guidance concerning the requirements of sections 411(a) and 417(e) with
respect to the determination of the amount of a single sum distribution from a cash
balance plan. This guidance was obsoleted by section 701(b) of the Pension Protection
Act of 2006, Public Law 109-280, 120 Stat. 780 (2006), which enacted section
411(a)(13) and (b)(5) of the Code.
(11) Notice 93-7, Changes in Withholding on Gambling Winnings, 1993-3 I.R.B. 14.
This notice announced an increase to the withholding rate and gambling proceeds
threshold under section 3402(q) made by the 1992 Energy Policy Act of 1992, Public
Law 102-486, 106 Stat. 2776 (1992). The withholding rate change it announced was
subsequently changed by section 101(c)(8) of the Economic Growth and Tax Relief
Reconciliation Act of 2001, Public Law 107-16, 115 Stat. 38 (2001), making this notice
obsolete.
.06 Rev. Proc. 98-47, Business Expense; Environmental Remediation Costs;

8

Election, 1998-37 I.R.B. 8. This revenue procedure provides procedures to make the
election to deduct qualified environmental remediation expenditures under section 198.
Pursuant to section 198(h), section 198 is not applicable to expenditures paid or
incurred after December 31, 2011, so the guidance is obsolete.
.07 The following guidance is obsolete because the subject matter is now addressed
by final regulations:
(1) Rev. Rul. 2000-4, Business Expenses, Capital Expenditures; ISO 9000 Costs,
2000-4 I.R.B. 331. This revenue ruling describes when costs incurred to obtain,
maintain, and renew ISO 9000 certification are deductible as ordinary and necessary
business expenses under section 162 or must be capitalized under section 263(a). This
issue is now addressed in §§ 1.263(a)-4(d)(4)(i) (memberships and privileges) and
1.263(a)-4(d)(4)(ii) Example 4 (business process certification).
(2) Rev. Rul. 98-25, Business Expenses; Storage Tanks, 1998-19 I.R.B. 4. This
revenue ruling addresses whether costs incurred to replace underground storage tanks
containing waste products (including the cost of removing, cleaning, and disposing of
the old tanks, and acquiring, installing, and filling the new tanks) are deductible as
ordinary and necessary business expenses under section 162 or must be capitalized
under section 263(a). This issue is now addressed in §§ 1.162-3 (non-incidental
materials and supplies) and 1.263(a)-2 (amounts paid to acquire or produce tangible
property).
(3) Rev. Rul. 94-12, Incidental Repairs as Business Expenses, 1994-8 I.R.B. 5.
This revenue ruling holds that Indopco, Inc. v. Commissioner, 503 U.S. 79 (1992), does
not affect the treatment of incidental repair costs as business expenses, which are

9

generally deductible under section 162. This issue is now addressed in §§ 1.162-4
(repair and maintenance) and 1.263(a)-3 (amounts paid to improve tangible property).
(4) Rev. Rul. 89-23, Inventories; Package Design Costs, 1989-10 I.R.B. 4. This
revenue ruling addresses whether costs incurred in connection with the development
and design of package designs must be capitalized under section 263A. This issue is
now addressed in §§ 1.263(a)-4(b)(3)(v) (creation of package design) and 1.263A-1
(uniform capitalization of costs).
(5) Rev. Rul. 88-77, Partnerships; Basis; Liabilities, 1988-38 I.R.B. 8. This revenue
ruling defines “liabilities of a partnership” or “partnership liabilities” within the meaning of
section 752 as excluding accrued but unpaid expenses and accounts payable. This
definition is now in § 1.752-1(a).
(6) Rev. Rul. 88-57, Capital Expenditures; Rehabilitation of Railroad Cars, 1988-28
I.R.B. 4. This revenue ruling addresses whether cyclical expenditures for major
rehabilitations of railroad freight-train cars are deductible as ordinary and necessary
business expenses under section 162 or must be capitalized under section 263(a). This
issue is now addressed in §§ 1.263(a)-3(k)(5) (rebuild to like-new condition) and
1.263(a)-3(k)(7) Example 7 (rebuild of property to like-new condition before end of class
life).
(7) Rev. Rul. 70-248, 1970-1 C.B. 172. This revenue ruling addresses whether an
amount paid as consideration for the assignment of a California “on sale” liquor
business license is a capital investment and whether the amount is subject to a
deduction for depreciation or obsolescence. This issue is now addressed in
§§ 1.263(a)-4(d)(5)(i) (certain rights obtained from a government agency) and 1.263(a)-

10

4(d)(5)(ii) Example 1 (business license).
(8) Rev. Rul. 69-615, 1969-2 C.B. 26. This revenue ruling addresses whether fees
paid to a registrar and transfer agent for the maintenance of capital stock records, not
related to the original issue of the stock, merger, consolidation, or stock dividends, are
deductible as ordinary and necessary business expenses under section 162 or must be
capitalized under section 263(a). This issue is now addressed in § 1.263(a)-5(c)(7)
(registrar and transfer agent fees for the maintenance of capital stock records).
(9) Rev. Rul. 69-330, 1969-1 C.B. 51. This revenue ruling addresses whether legal
and accounting expenditures incurred by a corporation in connection with the
registration of its stock with the Securities and Exchange Commission (SEC) are
deductible as ordinary and necessary business expenses under section 162 or must be
capitalized under section 263(a). This issue is now addressed in §§ 1.263(a)-5(a)(8)
(requiring the capitalization of amounts paid to facilitate a stock issuance) and 1.263(a)-
5(l) Example 1 (payments to outside counsel to assist in registering stock with the SEC).
(10) Rev. Rul. 68-607, 1968-2 C.B. 115. This revenue ruling addresses whether
expenditures made by a taxpayer for improvements on a state-owned highway right-of-
way to provide ingress and egress to the taxpayer’s shopping center developed on
leased land are capital expenditures under section 263 and whether the expenditures
are amortizable over the term of the lease under section 167. This issue is now
addressed in §§ 1.263(a)-4(d)(8) (certain benefits arising from the provision, production,
or improvement of real property) and 1.263(a)-4(d)(8)(v) Example 3 (dedicated
improvements).
(11) Rev. Rul. 56-290, 1956-1 C.B. 445. This revenue ruling holds that, if a

11

decedent’s income is reported on a joint return filed by the decedent and the decedent’s
spouse, only a portion of the joint tax liability reported on that return is deductible as a
debt of the decedent under section 2053 for estate tax purposes. The deductible
portion is determined by calculating each spouse’s separate tax liability, as if they had
filed separately, and multiplying the joint tax liability by the ratio of the decedent’s
separate tax liability to the total of the separate tax liabilities. This rule is now
addressed by § 20.2053-6(f).
(12) Rev. Rul. 57-78, 1957-1 C.B. 300. This revenue ruling holds that, in computing
the separate tax liabilities of spouses (as described in Rev. Rul. 56-290), the decedent’s
separate income tax liability is computed on the decedent’s income for the portion of the
year prior to the date of death, and the spouse’s separate tax liability is computed on
the spouse’s income for the entire year. This rule is now addressed by § 20.2053-6(f).
(13) Rev. Rul. 55-334, 1955-1 C.B. 449. This revenue ruling holds that the tax due
with respect to gifts made by the decedent and paid by his executors is deductible
under section 812(b) of the Internal Revenue Code of 1939 as a tax accrued prior to the
decedent’s death, constituting an enforceable obligation of the decedent existing at the
time of death. This rule is now addressed by §§ 20.2012-1(a) and 20.2053-6(d).
(14) Rev. Rul. 54-135, 1954-1 C.B. 205. This revenue ruling holds that where a
donor endorses a certificate of stock and delivers it to his bank or broker with direction
to have it transferred to a donee, the gift is completed for gift tax purposes on the date
the stock is transferred to the donee on the books of the corporation. This rule is now
provided in § 25.2511-2(h).
.08 The following guidance is obsolete because it relates to past years and is not

12

applicable to current or future years:
(1) Rev. Rul. 2003-6, Employee Stock Ownership Plans; Delayed Effective Date;
Abuse, 2003-3 I.R.B. 286. This revenue ruling identifies as a listed transaction all
transactions attempting to avoid the effective date of section 409(p) by using employee
stock ownership plans formed on or before March 14, 2001.
(2) Rev. Proc. 2019-30, 2019-33 I.R.B. 638. This revenue procedure provides
simplified procedures for an insurance company to obtain automatic consent to change
its methods of accounting for discounting unpaid losses and expenses unpaid,
estimated salvage recoverable, and unearned premiums attributable to title insurance,
as applicable, to comply with section 846, as amended by the TCJA. The procedures
provided in this revenue procedure apply only to taxable years beginning after
December 31, 2017, and ending on or before December 31, 2019.
(3) Rev. Proc. 2009-43, Revocation of Elections by Multiemployer Defined Benefit
Pension Plans to Freeze Funded Status Under Section 204 of WRERA, 2009-40 I.R.B.
460. The revenue procedure provides that the IRS will automatically approve a
revocation request if certain requirements are met, including a deadline for making a
decision to revoke; notice to employees and other interested parties; and consistent
treatment of participating employers during the plan year. The revocation period has
closed.
(4) Rev. Proc. 2008-47, 2008-31 I.R.B. 272. This revenue procedure describes the
conditions under which modifications to certain subprime mortgage loans will not cause
the IRS to challenge the tax status of certain securitization vehicles that hold the loans
or to assert that those modifications create a liability for tax on a prohibited transaction.

13

This revenue procedure applies only to transactions occurring on or before July 31,
2010.
(5) Notice 2013-56, Transitional Penalty Relief and Schedule for Notices of
Incorrect Name/TIN Combinations for Information Returns Relating to Payment Card
and Third Party Network Transactions 2013-39 I.R.B. 262. This notice provides
guidance on the issuance of CPA2100/2100As based on Forms 1099-K filed for
calendar year 2012 and provides penalty relief for certain name/taxpayer identification
number (TIN) mismatches for calendar year 2012 and 2013 payments.
(6) Notice 2012-34, Basis Reporting by Securities Brokers and Basis
Determination for Debt Instruments and Options, 2012-21 I.R.B. 937. This notice
delays the proposed effective dates for reporting for debt instruments and options by
brokers and others under sections 6045(g), 6045(h), 6045A, and 6045B from January 1,
2013, to January 1, 2014.
(7) Notice 2012-11, Transitional Relief for Section 6045B Issuer Returns and
Statements for 2011 Organizational Actions, 2012-5 I.R.B. 346. This notice provides
reporting and penalty relief for 2011 for issuers who must furnish statements describing
any organizational action that affects the basis of a specified security.
(8) Notice 2011-89, Transitional Penalty Relief for Information Reporting Relating to
Payment Card and Third Party Network Transactions, 2011-46 I.R.B. 748. This notice
provides that the IRS will not impose penalties under sections 6721 and 6722 on payors
that must file Forms 1099-K for reportable payments made in calendar year 2011 if they
make good-faith efforts when filing the Forms.
(9) Notice 2011-18, Postponing Filing Date for Section 6045B Issuer Return, 2011-

14

11 I.R.B. 549. This notice provides transitional relief for 2011 from information reporting
requirements in section 6045B applying to issuers of stock with respect to
organizational actions that affect the basis of the stock if the issuer files the return with
the IRS or makes it publicly available by January 17, 2012.
(10) Notice 2009-42, Extension of Date for Multiemployer Plans to Elect Relief
Under Sections 204 and 205 of WRERA, 2009-20 I.R.B. 1011. The notice provides
guidance to multiemployer plans making elections described in sections 204 and 205 of
the Worker, Retiree, and Employer Recovery Act of 2008, Public Law 110-458, 122 Stat.
5092 (2008) (WRERA). This guidance only relates to actions that could be taken in
2008 and 2009.
(11) Notice 2009-31, Election and Notice Procedures for Multiemployer Plans
Under Sections 204 and 205 of WRERA, 2009-16 I.R.B. 856. The notice provides
guidance for sponsors of multiemployer defined benefit plans relating to the elections
described in sections 204 and 205 of the WRERA, and on the notice required to be
provided if a plan sponsor makes an election under section 204. The election period
has closed.
(12) Notice 2007-76, Qualified Transportation Fringes, 2007-40 I.R.B. 735. This
notice delays the effective date of Revenue Ruling 2006-57, 2006-47 I.R.B. 911
(regarding the use of smartcards or other electronic media to provide qualified
transportation fringes), to January 1, 2009.
(13) Notice 2002-33, Suspension of Requirement to File Form 8390 (Information
Return for Determination of Life Insurance Company Earnings Rate Under Section 809),
2002-21 I.R.B. 989. This notice temporarily suspends the requirement that mutual life

15

insurance companies and the 50 largest stock life insurance companies file Form 8390,
Information Return for Determination of Life Insurance Company Earnings Rate Under
Section 809, due to the addition of section 809(j) to the Code by section 611(a) of the
Job Creation and Workers Assistance Act of 2002, Public Law 107-147, 116 Stat. 21
(2002). The suspension provided in this notice applies only to filings required with
respect to calendar years 2002 and 2003.
(14) Notice 97-65, Income Tax Return Preparer Penalties—1997 Federal Income
Tax Returns Due Diligence Requirements for Earned Income Credit (EIC), 1997-51
I.R.B. 14. This notice provides the due diligence requirements for return preparers for
1997 Federal income tax returns and claims for refund that involve the Earned Income
Tax Credit.
(15) Notice 89-36, Election to Treat Certain Pre-1987 Investment Interest as a
Passive Activity Deduction, 1989-13 I.R.B. 6. This notice provides guidance on making
an election under section 1005(c)(11) of the Technical and Miscellaneous Revenue Act
of 1988, Public Law 100-647, 102 Stat. 3342 (1988), to treat certain pre-1987
investment interest as interest expense properly allocable to a passive activity. The
election had to be made by the later of either the due date for a taxpayer’s 1988 tax
return (including any extensions of time to file) or August 15, 1989.
(16) Notice 88-48, Penalty for Failure by Income Tax Return Preparer to Sign
Return, 1988-16 I.R.B. 28. This notice provides relief from section 6695(b) penalties for
preparers of 1987 Forms 1041 where the preparer uses a facsimile signature to sign the
return and certain conditions are met.
.09 The following guidance is obsolete because it requested comments from the

16

public and the public comments are no longer needed:
(1) Notice 2009-79, Modifications of Commercial Mortgage Loans Held by an
Investment Trust, 2009-40 I.R.B. 454. This notice requests comments by November 14,
2009, on whether guidance related to modifications of commercial loans held by
investment trusts similar to the changes permitted under § 1.860G-2(b)(3) is appropriate
and the extent to which the requested changes are consistent with the rules regarding
fixed investment trusts under § 301.7701-4(c). The Treasury Department and the IRS
received several public comments in response to this notice but have published no
guidance on the subject.
(2) Notice 2009-19, Information Reporting of Payments Made in Settlement of
Payment Card and Third Party Network Transactions, 2009-10 I.R.B. 660. This notice
requested comments by March 18, 2009, before issuing a proposed rulemaking under
section 6050W. Proposed regulations (REG-139255-08, 74 F.R. 61294) and final
regulations (TD 9496, 75 F.R. 49821) have been issued, and comments received in
response to this notice were considered when developing the proposed regulations.
(3) Notice 2008-2, Timing, Character, Source and Other Issues Respecting
Prepaid Forward Contracts and Similar Arrangements, 2008-2 I.R.B. 252. This notice
requests comments by May 13, 2008, on whether the parties to a prepaid forward
contract should be required to accrue income or expense during the term of the contract
and related matters. The Treasury Department and the IRS received several public
comments in response to this notice but have published no guidance on the subject.
(4) Notice 2006-34, Taxation of Cross Licensing Arrangements, 2006-14 I.R.B.
705. This notice requests comments by May 31, 2006, regarding certain transactions,

17

referred to as cross licenses, for consideration in formulating guidance. Rev. Proc.
2007-23, 2007-10 I.R.B. 675, was subsequently issued in response to those comments.
(5) Notice 2004-6, Request for Comments Concerning the Application of Sections
162 and 263 to Tangible Property, 2004-3 I.R.B. 308. This notice requests comments
by March 1, 2004, regarding the IRS’s intention to propose regulations that clarify the
application of sections 162 and 263 to expenditures paid or incurred to repair, improve,
or rehabilitate tangible property. Two sets of proposed regulations (71 F.R. 48590
(withdrawn) and 73 F.R. 12838), temporary regulations (TD 9564, 76 F.R. 81060), and
two sets of final regulations (TD 9636, 78 F.R. 57686, and TD 9689, 79 F.R. 48661)
have been issued, and comments received in response to this notice were considered
when developing the proposed regulations.
(6) Notice 96-7, Requests for Comments on Further Capitalization Guidance,1996-
6 I.R.B. 22. This notice requests public comment by May 6, 1996, on approaches the
IRS should consider to address issues raised under sections 162 and 263 particularly in
light of Indopco vs. Commissioner, 503 U.S. 79 (1992). An advanced notice of
proposed rulemaking (67 F.R. 3461), proposed regulations (67 F.R. 77701), and final
regulations (TD 9107, 69 F.R. 436) have been issued.
(7) Announcement 98-77, 1998-34 I.R.B. 30. This announcement requests
comments by September 30, 1998, on proposed training materials discussing the
application of section 119 to the provision of employee meals in the hospitality industry.
The training materials were withdrawn by Announcement 99-77, 1999-32 I.R.B. 243
(acquiescing in Boyd Gaming Corp. v. Comm’r, 177 F.3d 1096 (9th Cir. 1999)), and the
comments were considered mooted by the decision in Boyd Gaming.

18

.10 The following guidance is obsolete by its own terms:
(1) Rev. Proc. 2014-18, Simplified Method for Certain Taxpayers to Obtain an
Extension of Time, 2014-7 I.R.B. 513. This revenue procedure provides a simplified
method for certain taxpayers to obtain an extension of time to make a portability election
under section 2020(c)(5)(A), by which a decedent’s unused exclusion amount becomes
available to the surviving spouse’s subsequent transfers during life or death. The
guidance expired on December 31, 2014.
(2) Rev. Proc. 86-48, 1986-52 I.R.B. 20. This revenue procedure permits
taxpayers that made an election under section 179 to expense all or a portion of the
cost of a passenger automobile that was placed in service after June 18, 1984, and
before January 1, 1986, to amend their return and modify their election to reduce the
expense election to the maximum amount allowable under section 280F(a)(2) for the
taxable year in which the property is placed in service.
(3) Notice 2001-79, Rent Holidays for Qualified Airplane Leases, 2001-50 I.R.B.
576. The notice provides that certain rent holidays will be disregarded in applying the
uneven rent test in § 1.467-3(c)(4) with respect to certain aircraft leases entered into or
modified between September 11, 2001, and June 28, 2002, for purposes of determining
whether the leases are disqualified leasebacks or long-term agreements under
section 467(b)(4) subject to constant rental accrual under section 467(b)(2).
(4) Announcement 90-39, Due Date for Reporting and Paying Estate Tax Extended
for Qualified Domestic Trusts, 1990-12 I.R.B. 26. This document announces an
extension of the due date for reporting and paying estate tax for a qualified domestic
trust. The time for filing under the extension has expired, and § 20.2056A-11 provides

19

current guidance as to due dates.
.11 The following guidance is obsolete because it was affected by the release of
subsequent guidance documents:
(1) Rev. Proc. 2004-68, 2004-50 I.R.B. 969. This revenue procedure provides that
certain transactions with brief asset holding periods are not reportable transactions for
purposes of disclosure rules under § 1.6011-4(b)(7) but may be reportable transactions
for purposes of the disclosure rules under § 1.6011-4(b)(2), (b)(3), (b)(4), (b)(5), or
(b)(6). Final regulations published in the Federal Register (TD 9350, 72 F.R. 43146) on
August 3, 2007, removed this category of reportable transaction.
(2) Rev. Proc. 2004-67, 2004-50 I.R.B. 967. This guidance provides that certain
book-tax differences are not taken into account in determining whether a transaction is
a transaction with a significant book-tax difference, which was a reportable transaction
for purposes of the disclosures rules under § 1.6011-4(b)(6). This category of
reportable transaction was removed for disclosures after January 6, 2006, by Notice
2006-6, Notification of Removal of the Transaction with a Significant Book-Tax
Difference Category of Reportable Transaction Under § 1.6011-4, 2006-5 I.R.B. 385,
and final regulations published in the Federal Register (TD 9350, 72 F.R. 43146) on
August 3, 2007.
(3) Notice 2017-8, Transaction of Interest – Section 831(b) Micro-captive
Transactions, 2017-3 I.R.B. 423. This notice modified Notice 2016-66, Transaction of
Interest – Section 831(b) Micro-captive Transactions, 2016-47 I.R.B. 745, and extended
the time for participants and material advisors to file disclosure statements with regard
to transactions described in Notice 2016-66. Notice 2016-66 was obsoleted in a notice

20

of proposed rulemaking published in the Federal Register (REG-109309-22, 88 F.R.
21547) on April 11, 2023.
(4) Announcement 2006-50, Announcement that Identifies Specified Covered
Services Eligible for Services Cost Method Under Section 482 Regulations, 2006-34
I.R.B. 321. This announcement provides, and requests comments on, a proposed
revenue procedure that would identify particular services that are eligible to be
evaluated at cost under § 1.482-9T. The revenue procedure in this announcement was
published as Rev. Proc. 2007-13, 2007-3 I.R.B. 295.
(5) Announcement 99-1, Modification of Rev. Proc. 65-17, 1999-2 I.R.B. 41. This
announcement requests comments on a proposed update to Rev. Proc. 65-17, 1965-1
C.B. 833, which provided procedures by which taxpayers could conform their accounts
to reflect section 482 adjustments. Rev. Proc. 65-17 was subsequently superseded by
Rev. Proc. 99-32, 1999-34 I.R.B. 296.
.12 Rev. Proc. 59-31, 1959-2 C.B. 949. This revenue procedure sets forth the
procedure to be followed with respect to (1) establishing the tax-exempt status of
charitable organizations created or organized under the laws of Canada or Honduras
and (2) the deductibility of contributions thereto pursuant the tax convention between
the United States and Canada, 1943 C.B. 526, the United States-Canada
Supplementary Income Tax Convention, 1957-2 C.B. 1014, and the United States-
Honduras Income Tax Convention, 1957-2 C.B. 1033. The treaties underlying this
guidance are no longer in force.
.13 The following guidance is obsolete because it relates to the Home Affordable
Modification Program (HAMP), which expired in 2016:

21

(1) Notice 2009-36, Payments Made to a REMIC Pursuant to the Home Affordable
Modification Program, 2009-17 I.R.B. 883. This notice provides that the Treasury
Department and the IRS intend to issue regulations regarding the application of section
860G(d) to certain amounts that may be paid to real estate mortgage investment
conduits (REMICs) as part of the HAMP.
(2) Rev. Proc. 2009-23, 2009-17 I.R.B. 884. This revenue procedure describes the
conditions under which modifications to residential mortgage loans pursuant to the
HAMP will not cause the IRS to challenge the tax status of REMICs or fixed investment
trusts or to assert that those modifications to mortgages held by a REMIC give rise to a
prohibited transaction.
.14 Notice 2001-7, Reporting of Gross Proceeds Payments to Attorneys, 2001-4
I.R.B. 374. This notice announced that the IRS intended to delay the proposed effective
date of regulations that had been proposed under section 6045(f). The final regulations
were published in the Federal Register (TD 9270, 71 F.R. 39548-01) in 2006, obsoleting
this notice.
SECTION 4. EFFECT ON OTHER DOCUMENTS
(1) Rev. Rul. 2003-6 is obsoleted.
(2) Rev. Rul. 2000-4 is obsoleted.
(3) Rev. Rul. 98-25 is obsoleted.
(4) Rev. Rul. 94-12 is obsoleted.
(5) Rev. Rul. 90-85 is obsoleted.
(6) Rev. Rul. 89-23 is obsoleted.
(7) Rev. Rul. 88-77 is obsoleted.

22

(8) Rev. Rul. 88-57 is obsoleted.
(9) Rev. Rul. 82-174 is obsoleted.
(10) Rev. Rul. 81-99 is obsoleted.
(11) Rev. Rul. 78-125 is obsoleted.
(12) Rev. Rul. 75-112 is obsoleted.
(13) Rev. Rul. 70-248 is obsoleted.
(14) Rev. Rul. 69-615 is obsoleted.
(15) Rev. Rul. 69-330 is obsoleted.
(16) Rev. Rul. 68-607 is obsoleted.
(17) Rev. Rul. 57-78 is obsoleted.
(18) Rev. Rul. 56-290 is obsoleted.
(19) Rev. Rul. 56-60 is obsoleted.
(20) Rev. Rul. 55-334 is obsoleted.
(21) Rev. Rul. 55-333 is obsoleted.
(22) Rev. Rul. 54-135 is obsoleted.
(23) Rev. Rul. 54-106 is obsoleted.
(24) Rev. Proc. 2019-30 is obsoleted.
(25) Rev. Proc. 2014-18 is obsoleted.
(26) Rev. Proc. 2009-43 is obsoleted.
(27) Rev. Proc. 2009-23 is obsoleted.
(28) Rev. Proc. 2008-47 is obsoleted.
(29) Rev. Proc. 2004-68 is obsoleted.
(30) Rev. Proc. 2004-67 is obsoleted.

23

(31) Rev. Proc. 98-47 is obsoleted.
(32) Rev. Proc. 86-48 is obsoleted.
(33) Rev. Proc. 81-27 is obsoleted.
(34) Rev. Proc. 59-31 is obsoleted.
(35) Notice 2024-85 is obsoleted.
(36) Notice 2023-74 is obsoleted.
(37) Notice 2023-10 is obsoleted.
(38) Notice 2017-8 is obsoleted.
(39) Notice 2013-56 is obsoleted.
(40) Notice 2012-34 is obsoleted.
(41) Notice 2012-11 is obsoleted.
(42) Notice 2011-89 is obsoleted.
(43) Notice 2011-18 is obsoleted.
(44) Notice 2010-51 is obsoleted.
(45) Notice 2010-17 is obsoleted.
(46) Notice 2009-79 is obsoleted.
(47) Notice 2009-42 is obsoleted.
(48) Notice 2009-36 is obsoleted.
(49) Notice 2009-31 is obsoleted.
(50) Notice 2009-19 is obsoleted.
(51) Notice 2008-70 is obsoleted.
(52) Notice 2008-2 is obsoleted.
(53) Notice 2007-76 is obsoleted.

24

(54) Notice 2007-56 is obsoleted.
(55) Notice 2006-34 is obsoleted.
(56) Notice 2004-6 is obsoleted.
(57) Notice 2002-33 is obsoleted.
(58) Notice 2001-79 is obsoleted.
(59) Notice 2001-7 is obsoleted.
(60) Notice 98-57 is obsoleted.
(61) Notice 97-65 is obsoleted.
(62) Notice 96-8 is obsoleted.
(63) Notice 96-7 is obsoleted.
(64) Notice 93-7 is obsoleted.
(65) Notice 89-36 is obsoleted.
(66) Notice 88-48 is obsoleted.
(67) Announcement 2010-54 is obsoleted.
(68) Announcement 2006-50 is obsoleted.
(69) Announcement 99-1 is obsoleted.
(70) Announcement 98-77 is obsoleted.
(71) Announcement 90-39 is obsoleted.
SECTION 5. DRAFTING INFORMATION
This notice was drafted by the Office of the Associate Chief Counsel (Procedure and
Administration). For further information, contact the Office of the Associate Chief
Counsel (Procedure and Administration) at (202) 317-3400 (not a toll-free call).