us-irs-revenue-rulings-irb-1998-35-pdf•Internal Revenue Bulletin 1998-35 (PDF rendition): IRS Revenue Rulings
Internal Revenue Bulletin 1998-35 (PDF rendition): IRS Revenue Rulings
us-irs-revenue-rulings-irb-1998-35-pdfInternal Revenue Bulletin 1998-35 (PDF rendition): IRS Revenue RulingsGuidance
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. Whole bulletin rendition: numbered items are identified below; other legal material and publisher context remain included. This is not a new standalone advance release.
INCOME TAX Rev. Rul. 98–41, page 6. Employees’ trust’s unrelated business taxable in- come.An employees’ trust’s proportionate share of the in- come of a common trust fund is unrelated business taxable income (UBTI) to the extent that it would have been if the in- vestment producing the income had been made directly by the employees’ trust. Rev. Rul. 67–301 modified. Rev. Rul. 98–42, page 5. LIFO; price indexes; department stores. The June 1998 Bureau of Labor Statistics price indexes are ac- cepted for use by department stores employing the retail inventory and last-in, first-out inventory methods for valuing inventories for tax years ended on, or with reference to, June 30, 1998. ADMINISTRATIVE REG–209813–96, page 9. Proposed regulations under section 671 of the Code define widely held fixed investment trusts, clarify the reporting oblig- ations of the trustees of these trusts and the middlemen con- nected with these trusts, and provide for he communication of necessary tax information to beneficial owners of trust inter- ests. A public hearing on the proposed regulations will be held on November 5, 1998. Notice 98–40, page 7. Consolidated income tax returns.Treasury and the Ser- vice intend to issue regulations under section 1502 of the Code permitting taxpayers to elect not to apply the overall foreign loss provisions under section 1.1502–9T of the In- come Tax Regulations to consolidated return years begin- ning before January 1, 1998. The notice also provides guid- ance on how taxpayers can make the election. Notice 98–45, page 7. Definition of former Indian reservation in Oklahoma. This notice provides the definition of “former Indian reserva- tions in Oklahoma” for purposes of section 168(j)(6) of the Code, as amended by the Taxpayer Relief Act of 1997. Announcement 98–82, page 17. This document provides notice of a public hearing on pro- posed regulations, REG–251698–96, 1998–20 I.R.B. 14, under section 1308 of the Code relating to the treatment of corporate subsidiaries of S corporations. The hearing will be held on September 9, 1998. Internal Revenue bbuulllleettiinn Bulletin No. 1998–35 August 31, 1998 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. Department of the Treasury Internal Revenue Service Finding Lists begin on page 19. Announcements Relating to Court Decisions begin on page 4. IRB 1998-35 8/26/98 12:31 PM Page 1 Mission of the Service The purpose of the Internal Revenue Service is to collect the proper amount of tax revenue at the least cost; serve the public by continually improving the quality of our prod- ucts and services; and perform in a manner warranting the highest degree of public confidence in our integrity, effi- ciency, and fairness. 2 Statement of Principles of Internal Revenue Tax Administration The function of the Internal Revenue Service is to adminis- ter the Internal Revenue Code. Tax policy for raising revenue is determined by Congress. With this in mind, it is the duty of the Service to carry out that policy by correctly applying the laws enacted by Congress; to determine the reasonable meaning of various Code provi- sions in light of the Congressional purpose in enacting them; and to perform this work in a fair and impartial manner, with neither a government nor a taxpayer point of view. At the heart of administration is interpretation of the Code. It is the responsibility of each person in the Service, charged with the duty of interpreting the law, to try to find the true meaning of the statutory provision and not to adopt a strained construction in the belief that he or she is “protect- ing the revenue.” The revenue is properly protected only when we ascertain and apply the true meaning of the statute. The Service also has the responsibility of applying and administering the law in a reasonable, practical manner. Issues should only be raised by examining officers when they have merit, never arbitrarily or for trading purposes. At the same time, the examining officer should never hesi- tate to raise a meritorious issue. It is also important that care be exercised not to raise an issue or to ask a court to adopt a position inconsistent with an established Service position. Administration should be both reasonable and vigorous. It should be conducted with as little delay as possible and with great courtesy and considerateness. It should never try to overreach, and should be reasonable within the bounds of law and sound administration. It should, howev- er, be vigorous in requiring compliance with law and it should be relentless in its attack on unreal tax devices and fraud. IRB 1998-35 8/26/98 12:31 PM Page 2 The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing offi- cial rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, 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 of a permanent nature are consoli- dated 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, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless other- wise indicated. Procedures relating solely to matters of in- ternal management 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 pub- lished rulings and procedures, the effect of subsequent leg- islation, regulations, court decisions, rulings, and proce- dures must be considered, and Service personnel and oth- ers concerned are cautioned against reaching the same con- clusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions, and Subpart B, Legislation 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 Sub- parts. Also included in this part are Bank Secrecy Act Admin- istrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secretary (Enforcement). Part IV.—Items of General Interest. With the exception of the Notice of Proposed Rulemaking and the disbarment and suspension list included in this part, none of these announcements are consolidated in the Cumu- lative Bulletins. The first 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 first Bulletin of the succeeding semi- annual period, respectively. 3 Introduction The contents 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. IRB 1998-35 8/26/98 12:31 PM Page 3 August 31, 199841998–35 I.R.B. It is the policy of the Internal Revenue Service to announce at an early date whether it will follow the holdings in cer- tain cases. An Action on Decision is the document making such an announcement. An Action on Decision will be issued at the discretion of the Service only on un- appealed issues decided adverse to the government. Generally, an Action on De- cision is issued where its guidance would be helpful to Service personnel working with the same or similar issues. Unlike a Treasury Regulation or a Revenue Ruling, an Action on Decision is not an affirma- tive statement of Service position. It is not intended to serve as public guidance and may not be cited as precedent. Actions on Decisions shall be relied upon within the Service only as conclu- sions applying the law to the facts in the particular case at the time the Action on Decision was issued. Caution should be exercised in extending the recommenda- tion of the Action on Decision to similar cases where the facts are different. More- over, the recommendation in the Action on Decision may be superseded by new legislation, regulations, rulings, cases, or Actions on Decisions. Prior to 1991, the Service published ac- quiescence or nonacquiescence only in certain regular Tax Court opinions. The Service has expanded its acquiescence program to include other civil tax cases where guidance is determined to be help- ful. Accordingly, the Service now may ac- quiesce or nonacquiesce in the holdings of memorandum Tax Court opinions, as well as those of the United States District Courts, Claims Court, and Circuit Courts of Appeal. Regardless of the court decid- ing the case, the recommendation of any Action on Decision will be published in the Internal Revenue Bulletin. The recommendation in every Action on Decision will be summarized as ac- quiescence, acquiescence in result only, or nonacquiescence. Both “acquies- cence” and “acquiescence in result only” mean that the Service accepts the holding of the court in a case and that the Service will follow it in disposing of cases with the same controlling facts. However, “ac- quiescence” indicates neither approval nor disapproval of the reasons assigned by the court for its conclusions; whereas, “acquiescence in result only” indicates disagreement or concern with some or all of those reasons. Nonacquiescence signi- fies that, although no further review was sought, the Service does not agree with the holding of the court and, generally, will not follow the decision in disposing of cases involving other taxpayers. In ref- erence to an opinion of a circuit court of appeals, a nonacquiescence indicates that the Service will not follow the holding on a nationwide basis. However, the Service will recognize the precedential impact of the opinion on cases arising within the venue of the deciding circuit. The announcements published in the weekly Internal Revenue Bulletins are consolidated semiannually and annually. The semiannual consolidation appears in the first Bulletin for July and in the Cu- mulative Bulletin for the first half of the year, and the annual consolidation ap- pears in the first Bulletin for the follow- ing January and in the Cumulative Bul- letin for the last half of the year. The Commissioner ACQUIESCES in the following decision: McCormick v. Peterson, 1 CV93–2157 (E.D.N.Y. 1993), Estate of Clara K. Hoover, Deceased, Yetta Hoover Bidegain, Personal Representative v. Commissioner, 2 69 F.3d 1044 (10th Cir. 1995) Barry I. Fredericks v. Commis- sioner, 3 No. 96–7748 (3rd Cir. 1997) Announcement Relating to Court Decisions 1 Acquiescence relating to whether the taxpayer was subject to the frivolous return penalty under section 6702. 2 Acquiescence relating to whether the election of special use valuation under I.R.C. section 2032A precludes a valuation that takes into account a minority interest discount under section 2031. 3 Acquiescence relating to whether the Court of Appeals erred in determining that the Service is equitably estopped from relying on a Form 872–A to indefinitely extend the period of limitations when the Service’s actions misled the taxpayer into believing that the form was not in effect. IRB 1998-35 8/26/98 12:31 PM Page 4 BUREAU OF LABOR STATISTICS, DEPARTMENT STORE INVENTORY PRICE INDEXES BY DEPARTMENT GROUPS (January 1941 = 100, unless otherwise noted) Percent Change GroupsJuneJunefrom June 1997 19971998to June 1998 1 1. Piece Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .541.0513.9–5.0 2. Domestics and Draperies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .644.1 618.6–4.0 3. Women’s and Children’s Shoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . .651.0659.31.3 4. Men’s Shoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .904.0906.70.3 5. Infants’ Wear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .642.5623.1–3.0 6. Women’s Underwear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .539.3567.75.3 7. Women’s Hosiery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .295.7308.34.3 8. Women’s and Girls’ Accessories . . . . . . . . . . . . . . . . . . . . . . . . . . . .569.4536.2–5.8 9. Women’s Outerwear and Girls’ Wear . . . . . . . . . . . . . . . . . . . . . . . .415.3410.0–1.3 10. Men’s Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .625.0616.6–1.3 11. Men’s Furnishings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .589.8599.11.6 12. Boys’ Clothing and Furnishings . . . . . . . . . . . . . . . . . . . . . . . . . . . .494.5494.60.0 13. Jewelry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1002.1 970.3–3.2 14. Notions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .752.1776.03.2 15. Toilet Articles and Drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .913.5948.53.8 16. Furniture and Bedding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .673.2689.32.4 17. Floor Coverings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .592.4604.02.0 18. Housewares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .808.1818.61.3 19. Major Appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .243.5236.7–2.8 20. Radio and Television . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76.271.9–5.6 21. Recreation and Education 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109.5104.8–4.3 22. Home Improvements 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132.8133.10.2 23. Auto Accessories 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108.0107.2–0.7 Groups 1 – 15: Soft Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .602.5600.1–0.4 Groups 16 – 20: Durable Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .465.9463.6–0.5 Groups 21 – 23: Misc. Goods 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112.2108.9–2.9 Store Total 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .554.8550.7–0.7 1 Absence of a minus sign before percentage change in this column signifies price increase. 2 Indexes on a January 1986=100 base. 3 The store total index covers all departments, including some not listed separately, except for the following: candy, food, liquor, to- bacco, and contract departments. 1998–35 I.R.B.5August 31, 1998 Section 472.—Last-in, First-out Inventories 26 CFR 1.472–1: Last-in, first-out inventories. LIFO; price indexes; department stores.The June 1998 Bureau of Labor Statistics price indexes are accepted for use by department stores employing the retail inventory and last-in, first-out in- ventory methods for valuing inventories for tax years ended on, or with reference to, June 30, 1998. Rev. Rul. 98–42 The following Department Store Inven- tory Price Indexes for June 1998 were is- sued by the Bureau of Labor Statistics. The indexes are accepted by the Internal Revenue Service, under § 1.472–1(k) of the Income Tax Regulations and Rev. Proc. 86–46, 1986–2 C.B. 739, for appro- priate application to inventories of depart- ment stores employing the retail inven- tory and last-in, first-out inventory methods for tax years ended on, or with reference to, June 30, 1998. The Department Store Inventory Price Indexes are prepared on a national basis and include (a) 23 major groups of depart- ments, (b) three special combinations of the major groups - soft goods, durable goods, and miscellaneous goods, and (c) a store total, which covers all departments, including some not listed separately, ex- cept for the following: candy, food, liquor, tobacco, and contract departments. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 IRB 1998-35 8/26/98 12:31 PM Page 5 August 31, 199861998–35 I.R.B. DRAFTING INFORMATION The principal author of this revenue rul- ing is Stan Michaels of the Office of Assistant Chief Counsel (Income Tax and Accounting). For further information regarding this revenue ruling, contact Mr. Michaels on (202) 622-4970 (not a toll- free call). Section 584.—Common Trust Funds 26 CFR 1.584–2: Income of participants in common trust fund. Employees’ trust’s unrelated busi- ness taxable income.An employees’ trust’s proportionate share of the income of a common trust fund is unrelated busi- ness taxable income (UBTI) to the extent that it would have been if the investment producing the income had been made di- rectly by the employees’ trust. Rev. Rul. 67–301 modified. Rev. Rul. 98–41 In Rev. Rul. 67–301, 1967–2 C.B. 146, an employees’ trust, formed under § 401(a) of the Internal Revenue Code and exempt under § 501(a), invested in a common trust fund that is exempt under § 584. Rev. Rul. 67–301 concludes, in part, that the income of the common trust fund is not unrelated business taxable in- come (UBTI) in the hands of the employ- ees’ trust. Section 1.584–2(c)(3) of the Income Tax Regulations provides that for taxable years beginning on or after September 22, 1980, any amount of income or loss of the common trust fund that is included in the computation of a participant’s taxable in- come for the taxable year shall be treated as income or loss from an unrelated trade or business to the extent that the amount would have been income or loss from an unrelated trade or business if the invest- ments of the common trust fund had been made directly by the participant. The discussion of UBTI in Rev. Rul. 67–301 is inconsistent with § 1.584– 2(c)(3). Therefore, Rev. Rul. 67–301 is modified to provide that the employees’ trust’s proportionate share of the income of the common trust fund is UBTI to the extent that it would have been if the in- vestment producing the income had been made directly by the employees’ trust. EFFECT ON OTHER REVENUE RULINGS Rev. Rul. 67-301 is modified, effective for taxable years beginning on or after September 22, 1980. DRAFTING INFORMATION The principal author of this revenue ruling is John Kramer of the Office of the Assistant Chief Counsel (Passthroughs and Special Industries). For further infor- mation regarding this revenue ruling con- tact John Kramer on (202) 622-3060 (not a toll-free call). IRB 1998-35 8/26/98 12:31 PM Page 6 1998–35 I.R.B.7August 31, 1998 Effective Date of Consolidated Overall Foreign Loss Provisions Notice 98–40 This notice announces that Treasury and the Service intend to issue regulations permitting taxpayers to elect to delay the effective date of Treas. Reg. § 1.1502–9T, published in the Federal Registeron Jan- uary 12, 1998 (63 F.R. 1740), and modi- fied on March 16, 1998 (63 F.R. 12641). On January 12, 1998, Treasury and the Service published in the Federal Regis- terfinal, temporary and proposed regula- tions (the “January 1998 regulations”) re- lating to limitations on the use of certain tax credits and related attributes by corpo- rations filing consolidated income tax re- turns. In general, the January 1998 regu- lations relate to the separate return limitation year (“SRLY”) provisions for general business credits, alternative mini- mum tax credits, foreign tax credits and overall foreign loss accounts. The Janu- ary 1998 regulations were generally ap- plicable to consolidated return years be- ginning on or after January 1, 1997. On March 16, 1998, Treasury and the Service published in the Federal Regis- terfinal, temporary, and proposed regula- tions (the “March 1998 regulations”) modifying the effective date of the Janu- ary 1998 regulations. The March 1998 regulations provide that the provisions of the January 1998 regulations will apply for consolidated return years for which the due date (without extensions) of the income tax return is after March 13, 1998. In lieu of applying this effective date, however, the March 1998 regula- tions permit a consolidated group to choose to apply the effective date provi- sions under the January 1998 regulations. The March 1998 regulations provide that taxpayers making this choice must apply all those effective date provisions for all relevant years. Thus, under the March 1998 regulations, such taxpayers are not permitted to apply one provision of the January 1998 regulations (e.g.,the gen- eral business credit effective date) and not another (e.g.,the foreign tax credit ef- fective date). On May 7, 1998, a public hearing was held regarding the proposed January and March regulations. At the hearing and in written submissions, commentators ex- pressed concern regarding the effective dates contained in the January 1998 and March 1998 regulations with respect to the overall foreign loss account provi- sions of Treas. Reg. § 1.1502–9T. The commentators’ principal concern was that these effective dates resulted in adverse tax consequences not anticipated by tax- payers with respect to business transac- tions that occurred prior to the issuance of the January 1998 regulations. Treasury and the Service now believe that certain of these consequences are inappropriate. Accordingly, this notice announces that Treasury and the Service intend to issue regulations permitting taxpayers to elect not to apply Treas. Reg. § 1.1502–9T (the overall foreign loss account provisions) to consolidated return years beginning before January 1, 1998. A taxpayer that chooses under the March 1998 regulations to apply the effective date provisions under the January 1998 regulations may also make the election under this notice. To make the election under this notice, a taxpayer must write “Election Pursuant to Notice 98–40” across the top of page 1 of an original or amended tax return for each consolidated return year subject to the election. For the first consolidated re- turn year to which the overall foreign loss provisions of Treas. Reg. § 1.1502–9T apply (i.e.,the first year beginning on or after January 1, 1998), such taxpayer must write “Notice 98–40 Election in Ef- fect in Prior Years” across the top of page 1 of the consolidated tax return for that year. For purposes of applying Treas. Reg. § 1.1502–9T with respect to such year, any member with a balance in an overall foreign loss account from a sepa- rate return limitation year on the first day of such year shall be treated as joining the group on such first day. Treasury and the Service intend to amend the regulations under section 1502 to incorporate the guidance set forth in this notice. Until the regulations are amended, taxpayers may rely on the guid- ance set forth in this notice. For further information regarding this notice, contact Trina Dang of the Office of Associate Chief Counsel (Interna- tional) at (202) 622-3880 (not a toll-free call). Former Indian Reservations in Oklahoma Notice 98–45 This notice defines “former Indian reservations in Oklahoma” for purposes of § 168(j)(6) of the Internal Revenue Code, as amended by the Taxpayer Relief Act of 1997 (the Act), Pub. L. No. 105– 34, 111 Stat. 788. BACKGROUND Sections 13321 and 13322 of the Om- nibus Budget Reconciliation Act of 1993, Pub. L. No. 103–66, 1993-3 C.B. 1, 146– 151, amended the Internal Revenue Code by adding two provisions to the Code to establish two Indian reservation-based federal tax incentives. Section 45A gen- erally provides an Indian employment credit for certain wages and health insur- ance costs paid or incurred by an em- ployer whose employees are enrolled members of an Indian tribe or the spouses of enrolled members of an Indian tribe who perform substantially all their ser- vices for the taxpayer within an Indian reservation and have a principal place of abode on or near such reservation. Sec- tion 168(j) generally provides more favor- able depreciation for qualified Indian reservation property (that is, certain de- preciable property used predominantly in the active conduct of a trade or business within an Indian reservation and not regu- larly used or located outside the reserva- tion). Section 45A applies to wages and health insurance costs paid or incurred after December 31, 1993, in a taxable year that begins on or before December 31, 2003. Section 168(j) applies to prop- erty placed in service after December 31, 1993, and on or before December 31, 2003. Section 45A(c)(7) states that the term “Indian reservation” has the meaning given the term by § 168(j)(6). Section 168(j)(6) (prior to its amendment by the Act) provided that, for purposes of § 168(j), the term “Indian reservation” Part III. Administrative, Procedural, and Miscellaneous IRB 1998-35 8/26/98 12:31 PM Page 7 means a reservation, as defined in either section 3(d) of the Indian Financing Act of 1974, 25 U.S.C. § 1452(d), or section 4(10) of the Indian Child Welfare Act of 1978, 25 U.S.C. § 1903(10). Section 3(d) of the Indian Financing Act of 1974 de- fines reservation to include “former In- dian reservations in Oklahoma.” Section 1604(c) of the Act (generally effective as of January 1, 1994) amended the definition of “Indian reservation” under section 168(j)(6). Under the amendment, only lands within the juris- dictional area of an Oklahoma Indian tribe (as determined by the Secretary of the Interior) that are recognized by such Secretary as an area eligible for trust land status under 25 CFR Part 151 as in effect on August 5, 1997 (the date of enact- ment), are “former Indian reservations in Oklahoma.” DETERMINATION OF SECRETARY OF THE INTERIOR AS TO THE MEANING OF FORMER INDIAN RESERVATIONS The Secretary of the Interior has deter- mined that, for purposes of section 168(j)(6), lands that are within the juris- dictional area of an Oklahoma Indian tribe are those lands within the boundaries of the last treaties, Executive Orders, fed- eral agreements, federal statutes, and Sec- retarial Orders with the Oklahoma tribes. The Secretary of the Interior also has de- termined that any lands within the bound- aries of the last treaties, Executive Orders, federal agreements, federal statutes, and Secretarial Orders with the Oklahoma tribes are lands eligible for trust land sta- tus under 25 CFR Part 151. The areas of Oklahoma located outside the boundaries of the last treaties, Execu- tive Orders, federal agreements, federal statutes, and Secretarial Orders with the Oklahoma tribes are (1) the Cherokee Outlet, (2) No Man’s Land (also known as the Panhandle), (3) the historic Greer County, and (4) those former Seminole and Creek domain lands in central Indian Territory that were deemed to be “unas- signed lands.” The location of those areas in Oklahoma that are outside the bound- aries of the last treaties, Executive Orders, federal agreements, federal statutes, and Secretarial Orders with the Oklahoma In- dian tribes can best be described in terms of entire present-day counties that are in- eligible (Alfalfa, Beaver, Cimarron, Garfield, Grant, Greer, Harmon, Harper, Jackson, Major, Texas, Woods, and Woodward) and present-day counties that are split by the boundaries, that is, part of the county is eligible and part of the county is not eligible (Beckham, Cana- dian, Cleveland, Ellis, Kay, Kingfisher, Logan, Noble, Oklahoma, Pawnee and Payne). ADDITIONAL INFORMATION The Arkansas-Oklahoma District of the Internal Revenue Service will make avail- able a plain language description of the boundary for each split county. Written requests should include the name of the applicable split county and be sent to the following address: Internal Revenue Ser- vice, 55 North Robinson Street, Mail Stop 4030-OKC, Attention: RSC, Oklahoma City, OK 73102. The plain language de- scription is also available on the Internet at http://www.irs.ustreas.gov/prod/hot/ atn/oklahoma.html. DRAFTING INFORMATION CONTACT The principal author of this notice is Winston H. Douglas of the Office of the Assistant Chief Counsel (Passthroughs and Special Industries). For further infor- mation regarding this notice contact Mr. Douglas on (202) 622-3110 (not a toll- free call). For information concerning the boundaries, contact the Arkansas-Okla- homa District office on (405) 297-4690 (not a toll-free call). August 31, 199881998–35 I.R.B. IRB 1998-35 8/26/98 12:31 PM Page 8 1998–35 I.R.B.9August 31, 1998 Notice of Proposed Rulemaking and Notice of Public Hearing Reporting Requirements for Widely Held Fixed Investment Trusts REG–209813–96 AGENCY: Internal Revenue Service (IRS), Treasury ACTION: Notice of proposed rulemak- ing and notice of public hearing. SUMMARY: This document contains proposed regulations that define widely held fixed investment trusts, clarify the reporting obligations of the trustees of these trusts and the middlemen connected with these trusts, and provide for the com- munication of necessary tax information to beneficial owners of trust interests. This document also provides notice of a public hearing on these proposed regula- tions. DATES: Written comments must be re- ceived by, November 12, 1998. Requests to speak (with outlines of oral comments) at a public hearing scheduled for Thurs- day, November 5, 1998 at 10 a.m. must be submitted by October 15, 1998. ADDRESSES: Send submissions to: CC:DOM:CORP:R (REG–209813–96), room 5228, Internal Revenue Service, POB 7604, Ben Franklin Station, Wash- ington, DC 20044. In the alternative, sub- missions may be hand delivered between the hours of 8 a.m. and 5 p.m. to: CC:DOM:CORP:R (REG–209813–96), Courier’s Desk, Internal Revenue Build- ing, 1111 Constitution Avenue, NW, Washington, DC. Alternatively, taxpayers may submit comments electronically via the Internet by selecting the “Tax Regs” option on the IRS Home Page, or by sub- mitting comments directly to the IRS In- ternet site at http://www.irs.ustreas.gov/ prod/tax_regs/comments.html. The pub- lic hearing will be held in room 2615, In- ternal Revenue Building, 1111 Constitu- tion Avenue, NW, Washington, DC. FOR FURTHER INFORMATION CON- TACT: Concerning the regulations, Faith Colson, (202) 622-3060; concerning sub- missions and the hearing, LaNita Van Dyke, (202) 622-7180 (not toll-free num- bers). SUPPLEMENTARY INFORMATION: Paperwork Reduction Act The collection of information contained in this notice of proposed rulemaking has been submitted to the Office of Manage- ment and Budget for review in accor- dance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)). Comments on the collection of information should be sent to the Office of Management and Budget,Attn: Desk Officer for the De- partment of Treasury, Office of Informa- tion and Regulatory Affairs, Washington, DC 20503, with copies to the Internal Revenue Service,Attn: IRS Reports Clearance Officer, OP:FS:FP, Washing- ton, DC 20224. Comments on the collec- tion of information should be received by, October 13, 1998. Comments are specifi- cally requested concerning: Whether the proposed collection of in- formation is necessary for the proper per- formance of the functions of the Internal Revenue Service,including whether the information will have practical utility; The accuracy of the estimated burden associated with the proposed collection of information (see below); How the quality, utility, and clarity of the information to be collected may be en- hanced; How the burden of complying with the proposed collection of information may be minimized, including through the ap- plication of automated collection tech- niques or other forms of information tech- nology; and Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of service to provide informa- tion. The collection of information in these proposed regulations is in §1.671–4 of the Income Tax Regulations. This informa- tion is required to enable holders of trust interests to report items of income, deduc- tion, and credit of a widely held fixed in- vestment trust under section 671. This in- formation will be used by the IRS to ensure that those items are reported accu- rately by beneficial owners of trust inter- ests. The collection of information is mandatory. The likely respondents are businesses and other for-profit institu- tions. Estimated total annual reporting bur- den: 2,400 hours. Estimated average annual burden hours per respondent: 2 hours. Estimated number of respondents: 1,200. Estimated annual frequency of re- sponses: Annually (but more often for a trust providing information to certain per- sons on request). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it dis- plays a valid control number assigned by the Office of Management and Budget. Books or records relating to the collec- tion of information must be retained as long as their contents may become mater- ial in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Background This document contains proposed amendments to the Income Tax Regula- tions (26 CFR part 1) under section 671. The proposed amendments are to be is- sued under the authority of sections 671, 6034A, 6049(d)(7), and 7805. A fixed investment trust is an arrange- ment classified as a trust under §301.7701–4(c). Beneficial interests in these trusts are divided into units. The Service treats these trusts as grantor trusts under section 671 and the owners of the beneficial interests, or units, as the grantors. See Rev. Rul. 84–10 (1984–1 C.B. 155); Rev. Rul. 70–545 (1970–2 C.B. 7); Rev. Rul. 70–544 (1970–2 C.B. 6); Rev. Rul. 61–175 (1961–2 C.B. 128). Under the proposed regulations, a widely held fixed investment trustis a fixed in- vestment trust in which any interest is held by a middleman. For this purpose, the term middlemanincludes, but is not limited to, a custodian of a person’s ac- count, a nominee, and a broker holding an interest for a customer in street name. The IRS and Treasury request comments on the application and scope of these defi- Part IV. Items of General Interest IRB 1998-35 8/26/98 12:31 PM Page 9 August 31, 1998101998–35 I.R.B. nitions, including the appropriateness of a de minimis rule as to the number of mid- dlemen. Interests in widely held fixed invest- ment trusts are often held in the street name of a middleman, who holds such in- terests on behalf of the beneficial owners. Thus, trustees frequently do not know the identity of the beneficial owners and are not in a position to communicate neces- sary tax information directly to such own- ers. Currently, there are no tax informa- tion reporting rules specifically providing for the sharing of tax information among trustees, middlemen, and beneficial own- ers of these trusts. On December 21, 1995, final regula- tions (T.D. 8633) under section 671, relat- ing to the information reporting require- ments of grantor trusts, were published in 1996–1 C.B. 119. See §1.671–4. While drafting the final regulations, the IRS and Treasury concluded that special reporting requirements were needed for widely held fixed investment trusts but that such guid- ance fell outside the scope of the final reg- ulations. The preamble to the final regula- tions stated that the IRS and Treasury anticipated providing guidance for these trusts in a separate project and invited comments from interested taxpayers and practitioners regarding such guidance. In developing these proposed regula- tions, the IRS and Treasury have contin- ued to solicit comments from the public. Comments were received from various in- dustry members and practitioners, and these proposed regulations take such comments into account. The proposed regulations are intended to clarify the re- porting requirements of trustees and mid- dlemen and to ensure that beneficial own- ers of trust interests receive accurate and timely tax reporting information. The IRS and Treasury welcome comments on specific instances of industry practice that differ significantly from the framework of these proposed regulations and on sugges- tions to tailor the reporting requirements to account for those differences. Explanation of Provisions A. General Framework of Reporting Rules The information reporting framework in the proposed regulations is similar to that for regular interests in a real estate mortgage investment conduit. See §1.6049–7. Under the proposed regulations, the re- sponsibility for information reporting lies primarily with the person in the owner- ship chain who holds a unit interest for a beneficial owner and is, therefore, in the best position to communicate with, and provide tax information to, the beneficial owner. Thus, a brokerage firm that holds a unit interest directly for an individual as a middleman will have the primary oblig- ation to report to the IRS and to provide tax information to the individual. Simi- larly, if a unit interest is held directly by an individual and not through a middle- man, the trustee is to report to the IRS and to provide tax information to the individ- ual. Information reporting generally is not required for interests held by exempt recipients.Middlemen and trustees, how- ever, are to make trust tax information available upon request to exempt recipi- ents. Appropriate adjustments may be neces- sary to other information reporting rules to make them compatible with these pro- posed regulations. B. Trustee or Middleman to Report to the IRS on Form 1099 Under proposed §1.671–4(j)(2)(i)(A), a trustee must report to the IRS, on the ap- propriate Forms 1099, the gross amount of trust income (determined in accordance with proposed §1.671–4(j)(6)(i)) attribut- able to a unit interest holder who holds an interest in the trust directly and not through a middleman. Similarly, under proposed §1.671–4(j)(2)(i)(B), a middle- man must report for any unit interest holder on whose behalf or account the middleman holds an interest. (To comply with this requirement, middlemen may re- quest the necessary tax information from the trustee. See the discussion below.) In addition, the trustee or middleman is to report on the appropriate Form 1099 the gross proceeds from the sale or other dis- position of a trust asset that is attributable to the unit interest holder. Forms 1099 are not required for any unit interest holder who is an exempt recipient, as de- fined in proposed §1.671–4(j)(1). C. Statements to be Furnished to the Beneficial Owners of Unit Interests Every middleman or trustee required to file with the IRS a Form 1099 under these proposed regulations for a unit interest holder must furnish to the unit interest holder a written statement providing the holder with necessary tax reporting infor- mation including: (1) the items of income (determined in accordance with proposed §1.671–4(j)(6)(i)), deduction, and credit of the trust attributable to the unit interest holder; (2) if any trust asset has been sold or otherwise disposed of during the calen- dar year, the portion of the gross proceeds relating to the trust asset which is attribut- able to the unit interest holder, the date of sale or disposition of the trust asset, and the percentage of that trust asset that has been sold or disposed of; and (3) any other information necessary for the unit interest holder to accurately report the in- come, deductions, and credits of the trust attributable to the unit interest as required under section 671. In addition, to enable unit interest hold- ers to calculate gain or loss on the disposi- tion of a trust asset, if a trust sells or dis- poses of a trust asset during a particular calendar year, the proposed regulations require the trustee or middleman to in- clude, with the statement to the holder, a schedule showing the portion (expressed as a percentage) of the total fair market value of all the assets held by the trust that the trust asset sold or disposed of repre- sented as of the last day of each quarter that the asset was held by the trust. It is contemplated that, in the absence of more accurate information, this information may be used by the unit interest holder to determine the percentage of the holder’s basis in its unit interest that the disposed asset represents, so that the holder may calculate its gain or loss on the disposition of the asset. The IRS and Treasury welcome com- ments on whether the approach taken in the proposed regulations to communicate information to enable the holder of a unit interest to calculate its basis in a trust asset is effective, or whether a different approach, which continues to be consis- tent with the taxation of grantor trusts, would be more effective. In addition, the IRS and Treasury invite comments on whether, for trusts consisting of fungible assets, an approach other than the pro- posed asset-by-asset approach for report- ing sales and determining basis is admin- istratively feasible or whether an IRB 1998-35 8/26/98 12:31 PM Page 10 1998–35 I.R.B.11August 31, 1998 aggregate approach would be more appro- priate and on the manner in which such an aggregate approach would be applied. D. Information to be Furnished to Middlemen by Trusts In general, information reporting is not required for unit interests held by exempt recipients.To enable such persons to re- ceive necessary trust information, how- ever, §1.671–4(j)(3)(iii) of the proposed regulations provides that middlemen, ex- empt recipients, and certain other persons may request from the trust tax informa- tion for a calendar quarter, computed as of the last day of the quarter specified, or for a calendar year, computed as of Decem- ber 31 of the year specified. The tax re- porting information the trust is to make available includes: (1) all items of in- come (determined in accordance with proposed §1.671–4(j)(6)(i)), deduction, and credit of the trust for the period speci- fied; (2) if any trust asset has been sold or otherwise disposed of during the period specified, the gross proceeds received by the trust for the trust asset, the date of sale or disposition, and the percentage of that trust asset that has been sold or disposed of; (3) the number of units outstanding on the last business day of the period speci- fied; and (4) any other information neces- sary for the unit interest holder to accu- rately report the income, deductions, and credits attributable to the portion of the trust treated as owned by the holder, as re- quired under section 671. In addition, if a trust asset is sold or otherwise disposed of during the period specified, the trust must provide a schedule showing the portion (expressed in terms of a percentage) of the total fair market value of all the assets held by the trust that the asset sold or dis- posed of represented as of the last day of each calendar quarter that the trust held the asset. E. Special Rules A beneficial owner of a unit interest must report trust items consistent with the owner’s method of accounting. See, e.g., Rev. Rul. 84–10. For administrative con- venience, and with the intent of being consistent with industry practice, how- ever, the proposed regulations require a trust to provide tax information as if the trust were a taxpayer using the cash re- ceipts and disbursements method of tax accounting (cash method). Although a trust must provide tax information to unit holders as if the trust were a cash method taxpayer, the trust must provide informa- tion necessary for such holders to comply with the original issue discount rules and other provisions requiring the inclusion of accrued amounts regardless of the holder’s method of accounting. The IRS and Treasury are continuing to study, and welcome comments on, whether to re- quire trusts to provide tax reporting infor- mation to accommodate the different methods of accounting used by the bene- ficial owners of a trust. In the case of a widely held fixed in- vestment trust that holds a pool of debt in- struments subject to section 1272(a)- (6)(C)(iii), the proposed regulations require that middlemen, unit interest holders, exempt recipients, and noncalen- dar-year taxpayers be provided with cer- tain additional information that is neces- sary for compliance with the market discount rules and, where applicable, sec- tion 1272(a)(6) (as amended by section 1004 of the Taxpayer Relief Act of 1997, Public Law 105–34, 111 Stat. 788, 911 (1997)). This additional information in- cludes information necessary to compute (1) the accrual of market discount, includ- ing the type of information required under §1.6049–7(f)(2)(i)(G) in the case of a REMIC regular interest or a collateralized debt obligation not issued with original issue discount; and (2) the accrual of orig- inal issue discount and market discount, including the type of information required under §1.6049–7(f)(2)(ii)(E), (F), (I), and (K) in the case of a REMIC regular inter- est or a collateralized debt obligation that is issued with original issue discount. The IRS and Treasury request comments on whether similar information reporting requirements, for example, reporting of information necessary to compute the ac- crual of market discount, should be ex- tended to widely held fixed investment trusts that hold instruments (or pools of instruments) not subject to section 1272(a)(6)(C). To enable a beneficial owner to comply fully with section 671 and section 67 (where applicable), §1.671–4(j)(6)(i) of the proposed regulations requires the amount of trust income to be reported by the trustee to be the gross amount of in- come generated by the trust assets (other than from the sale or other disposition of trust assets). Thus, in the case of a trust that receives a payment net of an expense, the payment must be grossed up to reflect the deducted expense. Trustees must also have, and make available, information re- garding the trust’s affected expenses (as defined in §1.67–2T(i)(1)) for the calen- dar year. In addition, in the case of a unit interest holder that is an affected investor (as defined in §1.67–2T(h)(1)), the trustee or middleman must provide such unit in- terest holder with information regarding the holder’s proportionate share of the trust’s affected expenses for the calendar year. The proposed regulations also require the trust to separately state any other item that, if taken into account separately by any unit interest holder, could result in an income tax liability for that unit interest holder different from that which would result if the unit interest holder did not take the item into account separately. The IRS and Treasury request comments on whether this requirement is administra- tively feasible in the context of a widely held fixed investment trust or whether a different approach, also consistent with the taxation of grantor trusts, would be more appropriate. F. Coordination with Backup Withholding Rules Section 1.671–4(j)(7) of the proposed regulations contains provisions to coordi- nate these regulations with the backup withholding rules. Proposed Effective Date These regulations are proposed to apply to calendar years beginning on or after the date that final regulations are published in the Federal Register. Special Analyses It has been determined that this notice of proposed rulemaking is not a signifi- cant regulatory action as defined in EO 12866. Therefore, a regulatory assess- ment is not required. It is hereby certified that these regulations will not have a sig- nificant economic impact on a substantial number of small entities. This certifica- tion is based on the fact that the regula- tions generally clarify existing reporting IRB 1998-35 8/26/98 12:31 PM Page 11 August 31, 1998121998–35 I.R.B. obligations and are expected, for the most part, to have a minimal impact on indus- try practice. Thus, the regulations will not result in a significant economic im- pact on any entity subject to the regula- tions. Further, the reporting burdens in these regulations will fall primarily on large brokerage firms, large banks, and other large entities acting as trustees or middlemen, most of which are not small entities within the meaning of the Regula- tory Flexibility Act (5 U.S.C. chapter 6). Thus, a substantial number of small enti- ties will not be affected. Therefore, a Regulatory Flexibility Analysis under the Regulatory Flexibility Act (5 U.S.C. chapter 6) is not required. Pursuant to section 7805(f) of the Internal Revenue Code, this notice of proposed rulemaking will be submitted to the Chief Counsel for Advocacy of the Small Business Admin- istration for comment on its impact on small business. Comments and Public Hearing Before these proposed regulations are adopted as final regulations, considera- tion will be given to any written com- ments (a signed original and eight (8) copies) that are submitted timely (in the manner described in the ADDRESSES caption) to the IRS. All comments will be available for public inspection and copy- ing. A public hearing has been scheduled for Thursday, November 5, 1998 at 10 a.m., in room 2615, Internal Revenue Building, 1111 Constitution Avenue, NW, Washington, DC. Because of access re- strictions, visitors will not be admitted be- yond the Internal Revenue Building lobby more than 15 minutes before the hearing starts. The rules of 26 CFR 601.601(a)(3) apply to the hearing. Persons that wish to present oral com- ments at the hearing must submit written comments by, November 12, 1998, and submit an outline of the topics to be dis- cussed and the time to be devoted to each topic (signed original and eight (8) copies) by October 15, 1998. A period of 10 minutes will be allotted to each person for making comments. An agenda showing the scheduling of the speakers will be prepared after the deadline for receiving outlines has passed. Copies of the agenda will be available free of charge at the hearing. Drafting Information The principal author of these regula- tions is Faith Colson, Office of Assistant Chief Counsel (Passthroughs and Special Industries). However, other personnel from the IRS and Treasury Department participated in their development. ***** Proposed Amendments to the Regulations Accordingly, 26 CFR parts 1 and 301 are proposed to be amended as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by adding an entry in numerical order to read as follows: Authority: 26 U.S.C. 7805 * * * Section 1.671–4 also issued under 26 U.S.C. 671, 26 U.S.C. 6034A, and 26 U.S.C. 6049(d)(7). Par. 2. Section 1.671–4 is amended by revising paragraph (a) and adding para- graph (j) to read as follows: §1.671–4 Method of reporting. (a) Portion of trust treated as owned by the grantor or another person.Except as otherwise provided in paragraphs (b) and (j) of this section, items of income, deduc- tion, and credit attributable to any portion of a trust which, under the provisions of subpart E (section 671 and following), part I, subchapter J, chapter 1 of the Inter- nal Revenue Code, is treated as owned by the grantor or another person are not re- ported by the trust on Form 1041, but are shown on a separate statement to be at- tached to that form. Paragraph (j) of this section provides special reporting rules for widely held fixed investment trusts. Section 301.7701–4(e)(2) of this chapter provides guidance on how the reporting rules in this paragraph (a) apply to an en- vironmental remediation trust. * * * * * (j) Special rules applicable to widely held fixed investment trusts. The report- ing rules contained in this paragraph (j) apply to any widely held fixed investment trust. (1) Definitions.For purposes of this paragraph (j): Affected expenses.The term affected expenseshas the meaning given that term by §1.67–2T(i)(1). Affected investor.The term affected in- vestorhas the meaning given that term by §1.67–2T(h)(1). Exempt recipient.An exempt recipient is any person described in paragraphs (j)(2)(iv)(A) through (R) of this section. Middleman. Amiddlemanis any per- son who holds an interest in an arrange- ment classified as a trust under §301.7701–4(c) of this chapter, and sub- ject to subpart E, part I, subchapter J, chapter 1 of the Internal Revenue Code, on behalf of, or for the account of, another person, or who otherwise acts in a capac- ity as an intermediary for the account of another person, at any time during the cal- endar year. A middleman includes, but is not limited to— (i) A custodian of a person’s account, such as a bank, financial institution, or brokerage firm acting as custodian of an account; (ii) A nominee, including the joint owner of an account or instrument except if the joint owners are husband and wife; and (iii) A broker (as defined in section 6045(c)(1) and §1.6045-1(a)(1)) holding an interest for a customer in street name. Requesting person.Arequesting per- sonis a person specified in paragraph (j)(3)(iii)(A) of this section who is enti- tled to request from the trustee the infor- mation specified in paragraph (j)(3)(ii) of this section. Trustee. Trusteemeans the trustee of a widely held fixed investment trust. Unit interest holder.Aunit interest holderis any person who holds a direct or indirect interest, including a beneficial in- terest, in a widely held fixed investment trust at any time during the calendar year. Widely held fixed investment trust.A widely held fixed investment trustis an arrangement classified as a trust under §301.7701–4(c) of this chapter, and sub- ject to subpart E, part I, subchapter J, chapter 1 of the Internal Revenue Code, in which any interest is held by a middle- man. (2) Form 1099 requirement for trustees and middlemen—(i) Obligation to file IRB 1998-35 8/26/98 12:31 PM Page 12 1998–35 I.R.B.13August 31, 1998 Form 1099 with the Internal Revenue Ser- vice. Except as provided in paragraph (j)(2)(iv) of this section— (A) Every trustee must file with the In- ternal Revenue Service the appropriate Forms 1099 reporting the information specified in paragraph (j)(2)(ii) of this section with respect to any unit interest holder who holds an interest in the trust directly and not through a middleman; and (B) Every middleman must file with the Internal Revenue Service the appro- priate Forms 1099, reporting the informa- tion specified in paragraph (j)(2)(ii) of this section with respect to any unit inter- est holder on whose behalf or account the middleman holds an interest in the trust or acts in a capacity as an intermediary. (ii) Information to be reported.The fol- lowing information must be reported to the Internal Revenue Service on the ap- propriate Forms 1099— (A) The name, address, and taxpayer identification number of the unit interest holder; (B) The name, address, and taxpayer identification number of the person re- quired to file the form; (C) The amount of trust income (deter- mined in accordance with paragraph (j)(6)(i) of this section) attributable to the unit interest holder for the calendar year for which the return is made; (D) In the case of the sale or other dis- position of a trust asset during the calen- dar year, the portion of the gross proceeds relating to the trust asset that is attribut- able to the unit interest holder; and (E) Any other information required by the Forms 1099. (iii) Time and place for filing Forms 1099. The Forms 1099 required to be filed with the Internal Revenue Service by trustees or middlemen pursuant to para- graph (j)(2)(i) of this section must be filed on or before February 28 of the year fol- lowing the year for which the Forms 1099 are being filed. The returns must be filed with the appropriate Internal Revenue Service Center, at the address listed in the instructions for the Forms 1099. For ex- tensions of time for filing returns under this section, see §1.6081–1. For magnetic media filing requirements, see §301.6011-2 of this chapter. (iv) Forms 1099 not required.A Form 1099 is not required for a unit interest holder that is an exempt recipient. How- ever, if the trustee or middleman backup withholds under section 3406 on pay- ments made to a unit interest holder (be- cause, for example, the unit interest holder has failed to furnish a Form W-9 on request), then the trustee or middleman is required to make a return under this section, unless the trustee or middleman refunds the amount withheld in accor- dance with §31.6413(a)–3 of this chapter. An exempt recipient is generally exempt from information reporting without filing a certificate claiming exempt status unless the provisions of this paragraph (j)(2)(iv) require the unit interest holder to file a certificate. A trustee or middleman may in any case require a unit interest holder not otherwise required to file a certificate under this paragraph (j)(2)(iv) to file a certificate in order to qualify as an exempt recipient. See §31.3406(h)–3(a)(1)(iii) and (c)(2) of this chapter for the certifi- cate that a unit interest holder must pro- vide if a trustee or middleman requires the certificate in order to treat the unit interest holder as an exempt recipient under this paragraph (j)(2)(iv). A trustee or middle- man may treat a unit interest holder as an exempt recipient based upon a properly completed form as described in §31.3406(h)–3(e)(2) of this chapter, its actual knowledge that the unit interest holder is a person described in this para- graph (j)(2)(iv), or the indicators de- scribed in this paragraph (j)(2)(iv). Any unit interest holder who ceases to be an exempt recipient shall, no later than 10 days after such cessation, notify the trustee or middleman in writing when it ceases to be an exempt recipient. For pur- poses of this paragraph (j)— (A) Corporation. A corporation, as de- fined in section 7701(a)(3), whether do- mestic or foreign, is an exempt recipient. In addition, for purposes of this paragraph (j)(2)(iv), the term corporation includes a partnership all of whose members are cor- porations described in this paragraph (j)(2)(iv), but only if the partnership files with the trustee or middleman a properly completed form as described in §31.3406(h)–3(e)(2) of this chapter. Ab- sent actual knowledge otherwise, a trustee or middleman may treat a unit interest holder as a corporation (and, therefore, as an exempt recipient) if one of the require- ments of paragraph (j)(2)(iv)(A)(1), (2), (3), or (4), is met at the time a unit interest holder acquires an interest in the trust. (1) The name of the unit interest holder contains an unambiguous expression of corporate status (that is, Incorporated, Inc., Corporation, Corp., P.C., (but not Company or Co.)) or contains the term in- surance company, indemnity company, reinsurance company,or assurance com- pany,or its name indicates that it is an en- tity listed as a per se corporation under §301.7701–2(b)(8)(i) of this chapter. (2) The trustee or middleman has on file a corporate resolution or similar docu- ment clearly indicating corporate status. For this purpose, a similar document in- cludes a copy of Form 8832, filed by the unit interest holder to elect classification as an association under §301.7701–3(c) of this chapter. (3) The trustee or middleman receives a Form W-9 which includes an EIN and a statement from the unit interest holder that it is a domestic corporation. (4) The trustee or middleman receives a withholding certificate described in §1.1441–1(e)(2)(i), that includes a certifi- cation that the person whose name is on the certificate is a foreign corporation. (B) Tax exempt organization.Any or- ganization that is exempt from taxation under section 501(a) is an exempt recipi- ent. A custodial account under section 403(b)(7) shall be considered an exempt recipient under this paragraph. A trustee or middleman may treat an organization as an exempt recipient under this paragraph (j)(2)(iv)(B) without requiring a certificate if the organization’s name is listed in the compilation by the Commissioner of orga- nizations for which a deduction for chari- table contributions is allowed, if the name of the organization contains an unambigu- ous indication that it is a tax-exempt orga- nization, or if the organization is known to the trustee or middleman to be a tax-ex- empt organization. (C) Individual retirement plan.An in- dividual retirement plan as defined in sec- tion 7701(a)(37) is an exempt recipient. A trustee or middleman may treat any such plan of which it is the trustee or cus- todian as an exempt recipient under this paragraph (j)(2)(iv)(C) without requiring a certificate. (D) United States.The United States Government and any wholly-owned agency or instrumentality thereof are ex- IRB 1998-35 8/26/98 12:31 PM Page 13 August 31, 1998141998–35 I.R.B. empt recipients. A trustee or middleman may treat a person as an exempt recipient under this paragraph (j)(2)(iv)(D) without requiring a certificate if the name of such person reasonably indicates it is described in this paragraph (j)(2)(iv)(D). (E) State.A State, the District of Co- lumbia, a possession of the United States, a political subdivision of any of the fore- going, a wholly-owned agency or instru- mentality of any one or more of the fore- going, and a pool or partnership composed exclusively of any of the foregoing are ex- empt recipients. A trustee or middleman may treat a person as an exempt recipient under this paragraph (j)(2)(iv)(E) without requiring a certificate if the name of such person reasonably indicates it is described in this paragraph (j)(2)(iv)(E) or if such person is known generally in the commu- nity to be a State, the District of Columbia, a possession of the United States or a po- litical subdivision or a wholly-owned agency or instrumentality or any one or more of the foregoing (for example, an ac- count held in the name of “Town of S” or “County of T” may be treated as held by an exempt recipient under this paragraph (j)(2)(iv)(E)). (F) Foreign government.A foreign government, a political subdivision of a foreign government, and any wholly- owned agency or instrumentality of either of the foregoing are exempt recipients. A trustee or middleman may treat a foreign government or a political subdivision thereof as an exempt recipient under this paragraph (j)(2)(iv)(F) without requiring a certificate provided that its name reason- ably indicates that it is a foreign govern- ment or provided that it is known to the trustee or middleman to be a foreign gov- ernment or a political subdivision thereof (for example, an account held in the name of the “Government of V” may be treated as held by a foreign government). (G) International organization.An in- ternational organization and any wholly- owned agency or instrumentality thereof are exempt recipients. The term interna- tional organizationshall have the mean- ing ascribed to it in section 7701(a)(18). A trustee or middleman may treat a unit interest holder as an international organi- zation without requiring a certificate if the unit interest holder is designated as an in- ternational organization by executive order (pursuant to 22 U.S.C. 288 through 288f). (H) Foreign central bank of issue.A foreign central bank of issue is an exempt recipient. A foreign central bank of issue is a bank which is by law or government sanction the principal authority, other than the government itself, issuing instru- ments intended to circulate as currency. See §1.895-1(b)(1). A trustee or middle- man may treat a person as a foreign cen- tral bank of issue (and, therefore, as an exempt recipient) without requiring a cer- tificate provided that such person is known generally in the financial commu- nity as a foreign central bank of issue or if its name reasonably indicates that it is a foreign central bank of issue. (I) Securities and commodities dealer. A dealer in securities, commodities, or notional principal contracts that is regis- tered as such under the laws of the United States or a State or under the laws of a foreign country is an exempt recipient. A trustee or middleman may treat a dealer as an exempt recipient under this paragraph (j)(2)(iv)(I) without requiring a certificate if the person is known generally in the in- vestment community to be a dealer meet- ing the requirements set forth in this para- graph (j)(2)(iv)(I) (for example, a registered broker-dealer or a person listed as a member firm in the most recent pub- lication of members of the National Asso- ciation of Securities Dealers, Inc.). (J) Real Estate Investment Trust. A real estate investment trust, as defined in sec- tion 856 and §1.856-1, is an exempt recip- ient. A trustee or middleman may treat a person as a real estate investment trust (and, therefore, as an exempt recipient) without requiring a certificate if the person is known generally in the investment com- munity as a real estate investment trust. (K) Entity registered under the Invest- ment Company Act of 1940. An entity registered at all times during the taxable year under the Investment Company Act of 1940, as amended (15 U.S.C. 80a–1), (or during such portion of the taxable year that it is in existence), is an exempt recip- ient. An entity that is created during the taxable year will be treated as meeting the registration requirement of the preceding sentence provided that such entity is so registered at all times during the taxable year for which such entity is in existence. A trustee or middleman may treat such an entity as an exempt recipient under this paragraph (j)(2)(iv)(K) without requiring a certificate if the entity is known gener- ally in the investment community to meet the requirements of the preceding sen- tence. (L) Common trust fund.A common trust fund, as defined in section 584(a), is an exempt recipient. A trustee or middle- man may treat the fund as an exempt re- cipient without requiring a certificate pro- vided that its name reasonably indicates that it is a common trust fund or provided that it is known to the trustee or middle- man to be a common trust fund. (M) Financial institution.A financial institution such as a bank, mutual savings bank, savings and loan association, build- ing and loan association, cooperative bank, homestead association, credit union, industrial loan association or bank, or other similar organization, whether or- ganized in the United States or under the laws of a foreign country is an exempt re- cipient. A financial institution also in- cludes a clearing organization defined in §1.163–5(c)(2)(i)(D)(8) and the Bank for International Settlements. A trustee or middleman may treat any person de- scribed in the preceding sentence as an exempt recipient without requiring a cer- tificate if the person’s name (including a foreign name, such as “Banco” or “Banque”) reasonably indicates the unit interest holder is a financial institution de- scribed in the preceding sentence. (N) Trust.A trust which is exempt from tax under section 664(c) (i.e., a char- itable remainder annuity trust or a charita- ble remainder unitrust) or is described in section 4947(a)(1) (relating to certain charitable trusts) is an exempt recipient. A trustee or middleman which is a trustee of the trust may treat the trust as an ex- empt recipient without requiring a certifi- cate. (O) Middlemen.A middleman, as de- fined in paragraph (j)(1) of this section, is an exempt recipient. (P) Brokers.A broker, as defined in section 6045(c) and §1.6045-1(a)(1), is an exempt recipient. (Q) Real estate mortgage investment conduit.A real estate mortgage invest- ment conduit, as defined in section 860D(a), is an exempt recipient. IRB 1998-35 8/26/98 12:31 PM Page 14 1998–35 I.R.B.15August 31, 1998 (R) A widely held fixed investment trust. A widely held fixed investment trust, as defined in paragraph (j)(1) of this section, is an exempt recipient. (3) Trustee’s requirement to furnish in- formation to middlemen, exempt recipi- ents, and noncalendar-year taxpayers— (i) In general.The trustee must cause to be printed in a publication generally read by and available to requesting persons, the name, address, and telephone number of a representative or official of the trust who will provide the information speci- fied in paragraph (j)(3)(ii) of this section to such persons. The trustee must provide the information in the time and manner prescribed in paragraph (j)(3)(iii)(C) of this section to requesting persons who re- quest the information in the manner pre- scribed in paragraph (j)(3)(iii)(B) of this section. (ii) Information required to be re- ported. For each calendar quarter or cal- endar year specified, the trustee must have available and provide, upon request, the following information computed as of the last day of the quarter, or computed as of December 31 of the year specified— (A) The name of the trust, the name and address of the trustee of the trust, and the employer identification number of the trust; (B) The Committee on Uniform Secu- rity Identification Procedure (CUSIP) number, account number, serial number or other identifying number of the trust; (C) All items of income (determined in accordance with paragraph (j)(6)(i) of this section), deduction, and credit of the trust, expressed both as a total dollar amount for the trust and as a dollar amount per unit outstanding on the last day of the pe- riod requested; (D) If any trust asset has been sold or otherwise disposed of during the period requested, the gross proceeds received by the trust for the trust asset, the date of sale or disposition of the trust asset, and the percentage of that trust asset that has been sold or disposed of. The trust must also provide a schedule showing the portion (expressed in terms of a percentage) of the total fair market value of all the assets held by the trust that the asset sold or dis- posed of represented as of the last day of the quarter for each quarter that the asset was held by the trust; (E) The amount of affected expenses of the trust expressed both as a total dollar amount and as a dollar amount per unit outstanding on the last day of the period requested; (F) In the case of a widely held fixed investment trust that holds a pool of debt instruments subject to section 1272(a)- (6)(C)(iii), the information required by paragraph (j)(6)(ii) of this section; (G) The number of units outstanding on the last business day of the period re- quested; and (H) Any other information necessary for a unit interest holder that is the benefi- cial owner of a trust interest to properly report the income, deductions, and credits attributable to the portion of the trust treated as owned by the unit interest holder under section 671. For this pur- pose, the trustee shall separately state any trust item that, if taken into account sepa- rately by a unit interest holder, could re- sult in an income tax liability for that unit interest holder different from that which would result if the unit interest holder did not take the item into account separately. (iii) Providing and requesting trust in- formation—(A) Requesting persons. The following persons that hold an interest in a trust may request the information speci- fied in paragraph (j)(3)(ii) of this section from that trust— (1) Any middleman; (2) Any broker who holds a unit inter- est on its own behalf; (3) Any other exempt recipient who holds an interest directly and not through a middleman; (4) Any noncalendar-year unit interest holder who holds a trust interest directly and not through a middleman; and (5) A representative or agent for a per- son specified in paragraphs (j)(3)(iii)(A)- (1) through (4) of this section. (B) Manner of requesting information from the trust.A requesting person may request the information specified in para- graph (j)(3)(ii) of this section in writing or by telephone. The request must specify the calendar quarters or years for which the information is needed. (C) Time and manner of furnishing in- formation—(1) Manner of furnishing in- formation.The information specified in paragraph (j)(3)(ii) of this section may be furnished as follows— (i) By telephone; (ii) By written statement sent by first class mail to the address provided by the requesting person; (iii) By causing it to be printed in a publication generally read by and avail- able to requesting persons and by notify- ing the requesting person in writing or by telephone of the publication in which it will appear, the date on which it will ap- pear, and, if possible, the page on which it will appear; or (iv) By any other method agreed to by the parties. (2) Time for furnishing the information. The trustee must furnish, or cause to be furnished, the information specified in paragraph (j)(3)(ii) of this section on or before the later of— (i) The 30th day after the close of the period for which the information was re- quested; or (ii) The day that is 2 weeks after the re- ceipt of the request. (4) Requirement of furnishing state- ment to unit interest holder—(i) In gen- eral.Every trustee or middleman re- quired to file appropriate Forms 1099 under paragraph (j)(2)(i) of this section with respect to a particular unit interest holder must furnish to that unit interest holder (the person whose identifying number is required to be shown on the form) a written statement showing the in- formation required by paragraph (j)(4)(ii) of this section. (ii) Information required to be provided on written statement. The written state- ment must specify for the calendar year for which the return is made the following information— (A) The name of the trust and the CUSIP number, account number, serial number, or other identifying number for the trust or unit interest; (B) The name, address, and taxpayer identification number of the person re- quired to send the statement; (C) All items of income (determined in accordance with paragraph (j)(6)(i) of this section), deduction, and credit of the trust attributable to the unit interest holder; (D) If any trust asset is sold, or other- wise disposed of during the calendar year, the portion of the gross proceeds relating to the trust asset that is attributable to the unit interest holder, the date of sale or dis- IRB 1998-35 8/26/98 12:31 PM Page 15 August 31, 1998161998–35 I.R.B. position of the trust asset, and the percent- age of that trust asset that has been sold or otherwise disposed of. A schedule show- ing the portion (expressed in terms of a percentage) of the total fair market value of all the assets held by the trust that the asset sold or disposed of represented as of the last day of the quarter for each quarter that the asset was held by the trust must be included with the statement; (E) In the case of a unit interest holder that is an affected investor, the affected expenses that are attributable to the unit interest holder; (F) In the case of a widely held fixed investment trust that holds a pool of debt instruments subject to section 1272(a)(6)- (C)(iii), the information required by para- graph (j)(6)(ii) of this section; (G) Any other information necessary for a unit interest holder to properly report the income, deductions, and credit attrib- utable to the unit interest holder under section 671. For this purpose, the trustee or middleman, as the case may be, shall separately state any trust item that, if taken into account separately by any unit interest holder, could result in an income tax liability for that unit interest holder different from that which would result if the unit interest holder did not take the item into account separately; and (H) A statement that the items of in- come, deduction, and credit and other in- formation shown on the statement must be taken into account in computing the taxable income and credits of the unit in- terest holder on the income tax return of the unit interest holder. (iii) Due date and other requirements with respect to statement required to be furnished to the unit interest holder.The statement required to be furnished to the unit interest holder under this paragraph (j)(4) for a calendar year must be fur- nished to the holder after April 30 of that year and on or before March 15 of the year following the year for which the statement is being furnished. The person sending the statement must maintain in its records a copy of the statement furnished to the unit interest holder for a period of 3 years from the due date for furnishing such statement specified in this paragraph (j)(4). (5) Requirement that middlemen fur- nish information to exempt recipients and noncalendar-year taxpayers.For each calendar quarter or calendar year speci- fied, any exempt recipient listed in para- graph (j)(2)(iv) of this section and any noncalendar-year unit interest holder may request from the middleman who holds the unit interest on behalf of, or for the ac- count of, the unit interest holder, the in- formation listed in paragraph (j)(4)(ii)(A) through (G) of this section computed as of the last day of the calendar quarter speci- fied, or computed as of December 31 of the year specified. The middleman must provide in writing or by telephone the in- formation listed in paragraph (j)(4)(ii)(A) through (G) of this section to any such re- quester on or before the later of the 45th day after the close of the period for which the information was requested, or that day that is 4 weeks after the receipt of the re- quest. (6) Special rules.For purposes of this paragraph (j): (i) Determination of trust income. Trust income is to be determined in the following manner— (A) The trust is to be treated as a calen- dar year taxpayer using the cash receipts and disbursements method of accounting; and (B) The amount of trust income for the calendar year is the gross amount of in- come generated by the trust assets (other than from the sale or other disposition of trust assets). Thus, in the case of a trust that receives a payment net of an expense, the payment must be grossed up to reflect the deducted expense. (ii) Widely held fixed investment trust holding pool of debt instruments subject to section 1272(a)(6)(C)(iii).In the case of a widely held fixed investment trust that holds a pool of debt instruments sub- ject to section 1272(a)(6)(C)(iii), request- ing persons, unit interest holders, exempt recipients, and noncalendar-year taxpay- ers must be provided, as required under paragraphs (j)(3)(ii)(F), (j)(4)(ii)(F), and (j)(5), respectively, of this section, infor- mation necessary to compute— (A) The accrual of market discount, in- cluding the type of information required under paragraphs §1.6049-7(f)(2)(i)(G) in the case of a REMIC regular interest or a collateralized debt obligation not issued with original issue discount; and (B) The accrual of original issue dis- count and market discount, including the type of information required under §1.6049–7(f)(2)(ii)(E), (F), (I), and (K) in the case of a REMIC regular interest or a collateralized debt obligation that is is- sued with original issue discount. (7) Backup withholding requirements. Every trustee and middleman filing a Form 1099 under this section shall be considered a payor within the meaning of §31.3406(a)–2 of this chapter. The oblig- ation of a trustee or middleman as payor to backup withhold shall be determined pursuant to section 3406 and the regula- tions promulgated thereunder. (8) Penalties for failure to comply. Every trustee and middleman who has a reporting obligation under this paragraph (j) and who fails to comply is subject to the penalties provided by sections 6721, 6722, and any other applicable penalty provisions. (9)Effective date.Trustees and mid- dlemen must report in accordance with this paragraph (j) for calendar years be- ginning on or after the date that the final regulations are published in the Federal Register. Par. 3. Section 1.6049-7 is amended by adding a sentence to the end of paragraph (f)(4) to read as follows: §1.6049–7 Returns of information with respect to REMIC regular interests and collateralized debt obligations. * * * * * (f) * * * (4) * * * For rules regarding a widely held fixed investment trust that holds a pool of debt instruments subject to section 1272(a)(6)(C)(iii), see §1.671-4(j). * * * * * PART 301—PROCEDURE AND ADMINISTRATION Par. 4. The authority citation for part 301 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * Par. 5. Section 301.6109-1 is amended by revising the last sentence of paragraph (a)(2)(i) to read as follows: §301.6109–1 Identifying numbers. (a) * * * (2) * * * (i) * * * If the trustee has not already obtained a taxpayer identification number for the trust, the trustee must ob- tain a taxpayer identification number for IRB 1998-35 8/26/98 12:31 PM Page 16 1998–35 I.R.B.17August 31, 1998 the trust as provided in paragraph (d)(2) of this section in order to report pursuant to §1.671–4(a), (b)(2)(i)(B), (b)(3)(i), or (j) of this chapter. Michael P. Dolan, Deputy Commissioner of Internal Revenue. (Filed by the Office of the Federal Register on August 12, 1998, 8:45 a.m., and published in the issue of the Federal Register for August 13, 1998, 63 F.R. 43354.) S Corporation Subsidiaries; Hearing Announcement 98–82 AGENCY: Internal Revenue Service, Treasury. ACTION: Notice of public hearing on proposed regulations. SUMMARY: This document provides notice of a public hearing on proposed regulations relating to the treatment of corporate subsidiaries of S corporations. In addition, this document announces that persons wishing to testify who are outside the Washington, DC area, will be able to make their presentations from one of two Internal Revenue Service remote telecon- ference sites. DATES: The public hearing will be held September 9, 1998, beginning at 1:00 p.m. (EDT). Requests to speak and out- lines of oral comments must be received by Wednesday, August 20, 1998. ADDRESSES: The public hearing will be held in room 3411, Internal Revenue Building, 1111 Constitution Avenue, NW, Washington, DC. The addresses of the re- mote teleconference sites are listed below under Supplementary Information. FOR FURTHER INFORMATION CON- TACT: Mike Slaughter of the Regulations Unit, Assistant Chief Counsel (Corpo- rate), (202) 622-7180 (not a toll-free number). SUPPLEMENTARY INFORMATION: The subject of the public hearing is pro- posed regulations under section 1308 of the Internal Revenue Code. These pro- posed regulations (REG–251698–96) ap- peared in the Federal Register(63 F.R. 19864 [1998–20 I.R.B. 14]) on Wednes- day, April 22, 1998. The hearing will be held in room 3411 of the Internal Revenue Building, 1111 Constitution Avenue, NW. Washington, DC, and in two teleconference sites listed below: Federal Building, 5th Floor Room 5003 300 N. Los Angeles Street Los Angeles, California Robert A. Young Building 2nd Floor, Conference Room 1222 Spruce Street St. Louis, MO 63103 The rules of §601.601 (a)(3) of the “Statement of Procedural Rules” (26 CFR part 601) shall apply with respect to the public hearing. Persons who have sub- mitted written comments within the time prescribed in the notice of proposed rule- making and who also desire to present oral comments at the hearing on the pro- posed regulations should submit not later than Wednesday, August 20, 1998, an out- line of the oral comments/testimony to be presented at the hearing and the time they wish to devote to each subject. Each speaker (or group of speakers rep- resenting a single entity) will be limited to 10 minutes for an oral presentation exclu- sive of the time consumed by the question from the panel for the government and an- swers to these question. Because of controlled access restric- tion, attendees cannot be admitted beyon d the lobby of the Internal Revenue build- ing until 12:30 p.m. Hearing times at the remote teleconference sites will be con- current with the hearing in Washington, DC. (i.e., 10 a.m. PDT and 12 noon CDT) Due to limited seating capacity at the remote teleconference sites, no more than 12 people may be accommodated at any one time in each teleconference room. Seating in the teleconference rooms will be made available based on the order of presentations. IRS personnel will be available at the remote teleconference sites to assist speakers in using the tele- conference equipment. The Service will prepare an agenda showing the scheduling of speakers and will make copies of the agenda available free of charge at the hearing. Testimony will begin with the speakers at the remote teleconference sites in the following order: Los Angeles, St. Louis, and will conclude with presentations by the speak- ers in Washington, DC. Cynthia E. Grigsby, Chief, Regulations Unit, Assistant Chief Counsel (Corporate). (Filed by the Office of the Federal Register on August 12, 1998, 8:45 a.m., and published in the issue of the Federal Register for August 13, 1998, 63 F.R. 43353.) IRB 1998-35 8/26/98 12:31 PM Page 17 August 31, 1998181998–35 I.R.B. 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 effect: Amplified describes a situation where no change is being made in a prior pub- lished position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. Thus, if an earlier ruling held that a principle applied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below). Clarified is used in those instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confu- sion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously published ruling and points out an essen- tial difference between them. Modified is 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 ap- plies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified and clarified, above). Obsoleted describes 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 rulings that are obsoleted because of changes in law or regulations. A ruling may also be obsoleted because the sub- stance has been included in regulations subsequently adopted. Revoked describes situations where the position in the previously published rul- ing is not correct and the correct position is being stated in the new ruling. Superseded describes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a pe- riod of time in separate rulings. If the new ruling does more than restate the substance of a prior ruling, a combination of terms is used. For example, modified and superseded describes a situation where the substance of a previously pub- lished 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 published ruling is first modified and then, as modified, is super- seded. Supplemented is 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 ruling has been supplemented several times, a new ruling may be pub- lished that includes the list in the original ruling and the additions, and supersedes all prior rulings in the series. Suspended is 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 following abbreviations in current use and for- merly used will appear in material published in the Bulletin. A—Individual. Acq.—Acquiescence. B—Individual. BE—Beneficiary. BK—Bank. B.T.A.—Board of Tax Appeals. C.—Individual. C.B.—Cumulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Cooperative. Ct.D.—Court Decision. CY—County. D—Decedent. 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—Employer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduciary. FC—Foreign Country. FICA—Federal Insurance Contribution Act. FISC—Foreign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Federal Unemployment Tax Act. FX—Foreign Corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grantee. GP—General Partner. GR—Grantor. IC—Insurance Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—Parent Corporation. PHC—Personal Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Partnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Real Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsidiary. S.P.R.—Statements of Procedral Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Transferee. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpayer. TR—Trust. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. Definition of Terms IRB 1998-35 8/26/98 12:31 PM Page 18 1998–35 I.R.B.19August 31, 1998 Numerical Finding List 1 Bulletins 1998–29 through 34 Announcements: 98–62, 1998–29 I.R.B. 13 98–68, 1998–29 I.R.B. 14 98–69, 1998–30 I.R.B. 16 98–70, 1998–30 I.R.B. 17 98–71, 1998–30 I.R.B. 17 98–72, 1998–31 I.R.B.14 98–73, 1998–31 I.R.B.14 98–74, 1998–31 I.R.B.15 98–75, 1998–31 I.R.B.15 98–76, 1998–32 I.R.B.64 98–77, 1998–34 I.R.B.30 98–78, 1998–34 I.R.B.30 98–79, 1998–34 I.R.B.31 98–80, 1998–34 I.R.B.32 Notices: 98–36, 1998–29 I.R.B. 8 98–37, 1998–30 I.R.B.13 98–38, 1998–34 I.R.B.7 98–39, 1998–33 I.R.B.11 98–41, 1998–33 I.R.B.12 98–42, 1998–33 I.R.B.12 98–43, 1998–33 I.R.B.13 98–44, 1998–34 I.R.B.7 Railroad Retirement Quarterly Rate: 1998–31 I.R.B. 7 Proposed Regulations: REG–246256–96, 1998–34 I.R.B.9 REG–104641–97, 1998–29 I.R.B. 9 REG–116608–97, 1998–29 I.R.B. 12 REG–119227–97, 1998–30 I.R.B. 13 REG–110332–98, 1998–33 I.R.B.18 REG–110403–98, 1998–29 I.R.B.11 Revenue Procedures: 98–40, 1998–32 I.R.B. 6 98–41, 1998–32 I.R.B. 7 98–42, 1998–28 I.R.B. 9 98–43, 1998–29 I.R.B. 8 98–44, 1998–32 I.R.B. 11 98–45, 1998–34 I.R.B.8 Revenue Rulings: 98–34, 1998–31 I.R.B. 12 98–35, 1998–30 I.R.B. 4 98–36, 1998–31 I.R.B.6 98–37, 1998–32 I.R.B.5 98–38, 1998–32 I.R.B.4 98–39, 1998–33 I.R.B.4 98–40, 1998–33 I.R.B.4 Treasury Decisions: 8771, 1998–29 I.R.B. 6 8772, 1998–31 I.R.B. 8 8773, 1998–29 I.R.B. 4 8774, 1998–30 I.R.B. 5 8775, 1998–31 I.R.B.4 8776, 1998–33 I.R.B.6 8777, 1998–34 I.R.B.4 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 1998–1 through 1998–28 will be found in Internal Revenue Bulletin 1998–29, dated July 20, 1998. IRB 1998-35 8/26/98 12:31 PM Page 19 August 31, 1998201998–35 I.R.B. Finding List of Current Action on Previously Published Items 1 Bulletins 1998–29 through 34 *Denotes entry since last publication Revenue Procedures: 83–58 Obsoleted by 98–37, 1998–32 I.R.B. 5 Revenue Rulings: 57–271 Obsoleted by 98–37, 1998–32 I.R.B. 5 71–277 Obsoleted by 98–37, 1998–32 I.R.B. 5 71–434 Obsoleted by 98–37, 1998–32 I.R.B. 5 71–574 Obsoleted by 98–37, 1998–32 I.R.B. 5 72–75 Obsoleted by 98–37, 1998–32 I.R.B. 5 72–120 Obsoleted by 98–37, 1998–32 I.R.B. 5 72–121 Obsoleted by 98–37, 1998–32 I.R.B. 5 72–122 Obsoleted by 98–37, 1998–32 I.R.B. 5 74–77 Obsoleted by 98–37, 1998–32 I.R.B. 5 75–19 Obsoleted by 98–37, 1998–32 I.R.B. 5 76–562 Obsoleted by 98–37, 1998–32 I.R.B. 5 77–214 Obsoleted by 98–37, 1998–32 I.R.B. 5 79–106 Obsoleted by 98–37, 1998–32 I.R.B. 5 83–113 Obsoleted by 98–37, 1998–32 I.R.B. 5 85–143 Obsoleted by 98–37, 1998–32 I.R.B. 5 88–8 Obsoleted by 98–37, 1998–32 I.R.B. 5 88–76 Obsoleted by 98–37, 1998–32 I.R.B. 5 Revenue Rulings—Continued 88–79 Obsoleted by 98–37, 1998–32 I.R.B. 5 93–4 Obsoleted by 98–37, 1998–32 I.R.B. 5 93–5 Obsoleted by 98–37, 1998–32 I.R.B. 5 93–6 Obsoleted by 98–37, 1998–32 I.R.B. 5 93–30 Obsoleted by 98–37, 1998–32 I.R.B. 5 93–38 Obsoleted by 98–37, 1998–32 I.R.B. 5 93–49 Obsoleted by 98–37, 1998–32 I.R.B. 5 93–50 Obsoleted by 98–37, 1998–32 I.R.B. 5 93–53 Obsoleted by 98–37, 1998–32 I.R.B. 5 93–81 Obsoleted by 98–37, 1998–32 I.R.B. 5 93–91 Obsoleted by 98–37, 1998–32 I.R.B. 5 93–92 Obsoleted by 98–37, 1998–32 I.R.B. 5 93–93 Obsoleted by 98–37, 1998–32 I.R.B. 5 94–5 Obsoleted by 98–37, 1998–32 I.R.B. 5 94–6 Obsoleted by 98–37, 1998–32 I.R.B. 5 94–30 Obsoleted by 98–37, 1998–32 I.R.B. 5 94–51 Obsoleted by 98–37, 1998–32 I.R.B. 5 94–79 Obsoleted by 98–37, 1998–32 I.R.B. 5 95–2 Obsoleted by 98–37, 1998–32 I.R.B. 5 95–9 Obsoleted by 98–37, 1998–32 I.R.B. 5 Revenue Rulings—Continued 97–37 Obsoleted by 98–39, 1998–33 I.R.B. 4 1 A cumulative finding list for previously published items mentioned in Internal Revenue Bulletins 1998–1 through 1998–28 will be found in Internal Revenue Bulletin 1998–29, dated July 20, 1998. IRB 1998-35 8/26/98 12:31 PM Page 20 1998–35 I.R.B.21August 31, 1998 Notes IRB 1998-35 8/26/98 12:31 PM Page 21 August 31, 1998221998–35 I.R.B. Notes IRB 1998-35 8/26/98 12:31 PM Page 22 IRB 1998-35 8/26/98 12:31 PM Page 23 INTERNAL REVENUE BULLETIN The Introduction on page 3 describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superintendent of Documents when their subscriptions must be renewed. CUMULATIVE BULLETINS The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold on a single copy basis and are not included as part of the subscription to the Internal Revenue Bulletin. Subscribers to the week- ly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them from the Superintendent of Documents. HOW TO ORDER Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance, detach entire page, and mail to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Please allow two to six weeks, plus mailing time, for delivery. WE WELCOME COMMENTS ABOUT THE INTERNAL REVENUE BULLETIN If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can e-mail us your suggestions or comments through the IRS Internet Home Page (www.irs.ustreas.gov) or write to the IRS Bulletin Unit, T:FP:F:CD, Room 5560, 1111 Constitution Avenue NW, Washington, DC 20224. You can also leave a recorded message 24 hours a day, 7 days a week at 1–800–829–9043. 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