us-irs-announcements-irb-2007-20-pdf•Internal Revenue Bulletin 2007-20 (PDF rendition): IRS Announcements
Internal Revenue Bulletin 2007-20 (PDF rendition): IRS Announcements
us-irs-announcements-irb-2007-20-pdfInternal Revenue Bulletin 2007-20 (PDF rendition): IRS AnnouncementsGuidance
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Bulletin No. 200 7-20 May 14, 2007 HIGHLIGHTS OF THIS ISSUE These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. INCOME TAX T.D. 9323, page 1240. Final regulations under section 871 of the Code relate to the exclusion from gross income of portfolio interest paid to a nonresident alien individual or foreign corporation. The reg- ulations clarify how the portfolio interest rules apply with re- spect to interest paid to certain partnerships or trusts that have foreign partners, beneficiaries, or owners. The regula- tions also retroactively remove the rule in regulations section 1.1441–1(b)(7)(iii) that would impose interest under section 6601 when no underlying tax liability is due. REG–1448 59–04, page 1245. Proposed regulations under section 1367(b)(2) of the Code pro- vide rule s regarding the definition of open account debt and the adjustme nts in basis of any indebtedness of an S corporation to a shar eholder for shareholder advances and repayments on advance s of open account debt. The regulations affect share- holders of S corporations and are necessary to provide guid- ance nee ded to comply with the applicable tax law. A public hearin g is scheduled for July 31, 2007. EMPLOYEE PLANS Announcement 2007–47, page 1260. Nonbank trustees; section 1.408–2(e) of the regulations. This announcement contains a list of entities previously ap- proved to act as nonbank trustees and nonbank custodians within the meaning of section 1.408–2(e) of the regulations. In addition, the announcement contains instructions on how er- rors in the list may be corrected. Announcement 2006–45 updated and superseded. ADMINISTRATIVE Notice 2007–39, page 1243. This notice provides guidance to practitioners, employers, firms, and other entities that may be subject to monetary penalties under 31 U.S.C. section 330. The notice also invites comments from the public regarding rules and standards relating to monetary penalties under 31 U.S.C. section 330. Announcem ent 2007–48, page 1274. This docum ent contains a correction to temporary regulations (T.D. 9313 , 2007–13 I.R.B. 805) providing guidance regard- ing the qu alification of certain transactions as reorganizations describe d in section 368(a)(1)(D) of the Code, where no stock and/or se curities of the acquiring corporation are issued and distribu ted in the transaction. Announcements of Disbarments and Suspensions begin on page 1249. Fi nding Lists begin on page ii. The IRS Mission Provide America’s taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin contents are compiled semiannually into Cumulative Bulletins, which are sold on a single-copy basis. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, mod- ify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indi- cated. Procedures relating solely to matters of internal man- agement are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—19 86 Code. This part i ncludes rulings and decisions based on provisions of the Intern al Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Leg- islation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Sec- retary (Enforcement). Part IV .—Items of General Interest. This par t includes notices of proposed rulemakings, disbar- ment an d suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The c ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402. May 14, 20072007–20 I.R.B. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 871.—Tax on Nonresident Alien Individuals 26 CFR 1.871–14: Rules relating to repeal of tax on interest of nonresident alien individuals and foreign corporations received from certain portfolio debt in- vestments. T.D. 9323 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 Revisions to Regulations Relating to Repeal of Tax on Interest of Nonresident Alien Individuals and Foreign Corporations Received From Certain Portfolio Debt Investments AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. SUMMARY: This document contains final regulations under sections 871 and 881 of the Internal Revenue Code (Code) relating to the exclusion from gross income of port- folio interest paid to a nonresident alien in- dividual or foreign corporation. These reg- ulations clarify how the portfolio interest rules apply with respect to interest paid to a partnership (or simple or grantor trust) that has foreign partners (or beneficiaries or owners). These regulations also retroac- tively remove the rule in Treasury Regu- lation §1.1441–1(b)(7)(iii) that would im- pose interest under section 6601 when no underlying tax liability is due. DATES:Effective Date:These regulations are effective on April 12, 2007. Applicability Dates:The regulations relating to the application of the 10-per- cent shareholder test for interest paid to partnerships applies to interest paid after April 12, 2007. However, taxpayers may choose to apply the rules in the final reg- ulations to interest paid during any tax- able year which is not closed by the period of limitations, provided they do so con- sistently with respect to all relevant part- nerships during such years. The regula- tions removing the rule imposing interest and penalties on withholding agents when no underlying tax has in fact been imposed apply to payments made after December 31, 2000. FOR FURTHER INFORMATION CONTACT: Kathryn Holman of the Office of the Associate Chief Counsel (Interna- tional), (202) 622–3840 (not a toll-free call). SUPPLEMENTARY INFORMATION: Background Section 871(a) of the Code imposes a tax of 30 percent on U.S. source fixed or determinable annual or periodic (FDAP) income, including interest, received by a nonresident alien individual to the extent the amount so received is not effectively connected with the conduct of a trade or business within the United States. Section 881(a) imposes a similar tax with respect to FDAP income, including interest, re- ceived by a foreign corporation. Both sec- tions 871(h)(3)(A) and 881(c)(3)(B) pro- vide, among other limitations, that port- folio interest does not include interest re- ceived by a 10-percent shareholder, as de- fined in section 871(h)(3)(B). Explanation of Provisions and Summary of Comments The IRS and the Treasury De- partment issued proposed regulations (REG–118775–06, 2006–28 I.R.B. 73) under sections 871(h) and 881(c) in the Federal Register(71FR34047)onJune 13, 2006. The proposed regulations ad- dress the application of the 10-percent shareholder test when U.S. source in- terest is paid to a partnership that has a nonresident alien individual or foreign corporation as a partner. The proposed regulations provide that, for interest paid on obligations issued on or after the date that final regulations are published, the 10-percent shareholder test is to be ap- plied only at the partner level and at the time that the withholding agent would otherwise be required to withhold. No public hearing was requested or held. However, a few comments were received. After consideration of the comments, the proposed regulations are adopted in these final regulations, with two modifications. In addition, these fi- nal regulations implement section 5 of Notice 2006–99, 2006–46 I.R.B. 907 (See §601.601(d)(2) of this chapter), modifying §1.1441–1(b)(7)(iii), as discussed below. 1.Time for Applying the 10-Percent Shareholder Test. The proposed regulations provide that the 10-percent shareholder test applies at the time the withholding agent would oth- erwise be required to withhold. The regu- lations then provide an example in which the test is stated to apply on the “earli- est” of when the interest is distributed, the date the statement under section 6031(b) is mailed, or the due date for furnishing the statement. In order to make clear that the test may be applied on multiple dates (and not only on the date of a first partial dis- tribution of such interest), the example has been rephrased. The example now states that the 10-percent shareholder test is ap- plied when any distributions that include the interest are made to a foreign partner and, to the extent that a foreign partner’s distributive share of the interest has not ac- tually been distributed, on the earlier of the date that the statement required under sec- tion 6031(b) is mailed or otherwise pro- vided to such partner, or the due date for furnishing such statement. This change conforms more closely to the language of §1.1441–5(c)(2). 2.Effective Date of the Regulation. The new provisions set forth in the pro- posed regulations were proposed to apply to interest paid on obligations issued af- ter the date that final regulations are pub- lished. One commentator stated that, in or- der to provide for consistency and to elim- inate uncertainty and avoid possible dis- putes with respect to interest paid to part- nerships prior to the date that the final reg- ulations are published, the final regulations should apply to interest paid after July 18, 2007–20 I.R.B.1240May 14, 2007 1984, with respect to obligations issued after July 18, 1984, the effective date of the portfolio interest provisions. Another commentator stated that the final regula- tions should apply to interest paid after the date the final regulations are issued. The IRS and the Treasury Department agree that taxpayers should be able to apply the regulations to interest paid in certain prior taxableyears. Accordingly, while the final regulations generally pro- vide that the provisions relating to the 10-percent shareholder test for interest paid to partnerships are to apply to interest paid after the date the regulations are pub- lished as final regulations, the regulations also permit taxpayers to choose to apply the provisions to interest paid in any tax- able year that is not closed by the period of limitations, provided that the taxpayer consistently applies the provisions to all relevant partnerships during such years. 3.InterestImposedWhenNoTaxDue. Treasury Regulation §1.1441–1(b) (7)(iii) provides that a withholding agent that has failed to withhold tax other than basedonrelianceontheappropriatepre- sumptions is not relieved from liability for interest under section 6601. It further pro- vides that such liability exists even when there is no underlying tax that is ultimately shown to be due. That is, the regulation imposes an interest charge under section 6601 on a withholding agent for an amount of tax that has not in fact been imposed. Treasury Regulation §1.1441–1(b)(7)(v) sets forth two examples that illustrate the operation of this rule. In Notice 2006–99, 2006–46 I.R.B. 907, the IRS and the Treasury Depart- ment announced their intention to re- move the rule in Treasury Regulation §1.1441–1(b)(7)(iii), and the accompa- nying examples illustrating the rule in Treasury Regulation §1.1441–1(b)(7)(v), that impose interest under section 6601 when no underlying tax liability is im- posed. Further, the notice announced that the IRS and the Treasury Department in- tend to clarify that, like interest, penalties that are computed based on underpay- ments of tax will not be imposed when no tax has in fact been imposed. These final regulations retroactively re- move, in accordance with Notice 2006–99, the rule in §1.1441–1(b)(7)(iii) that would impose interest and penalties based on hy- pothetical underpayments of tax when in fact no tax has been imposed. The exam- ples illustrating this rule in Treasury Reg- ulation §1.1441–1(b)(7) are also removed. Special Analyses It has been determined that these regu- lations are not a significant regulatory ac- tion as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It has also been determined that section553(b)oftheAdministrativePro- cedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulations do not impose a collection of information on small entities, the Regula- tory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Code, the proposed rulemaking pre- ceding these regulations was submitted to the Chief Counsel for Advocacy of the Small Business Administration for com- ment on its impact on small business. Drafting Information The principal author of the proposed regulations is Kathryn Holman, Office of Associate Chief Counsel (International). However, other personnel from the IRS and the Treasury Department participated in their development. ***** Adoption of Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.871–14 is amended as follows: 1. Paragraphs (g) and (h) are redes- ignated as paragraphs (h) and (i), respec- tively. 2. New paragraph (g) is added. 3. Paragraph (1) of newly-designated paragraph (i) is amended by adding two sentences at the end of the paragraph. The additions read as follows: §1.871–14 Rules relating to repeal of tax on interest of nonresident alien individuals and foreign corporations received from certain portfolio debt investments. ***** (g)Portfolio interest not to include interest received by 10-percent share- holders—(1)In general. For purposes of section 871(h), the termportfolio interest shall not include any interest received by a 10-percent shareholder. (2)Ten-percent shareholder—(i)In general.Theterm10-percent shareholder means— (A)Inthecaseofanobligationissued by a corporation, any person who owns 10-percent or more of the total combined voting power of all classes of stock of such corporation entitled to vote; or (B) In the case of an obligation issued by a partnership, any person who owns 10-percent or more of the capital or profits interest in such partnership. (ii)Ownership—(A)Stock ownership. For purposes of paragraph (g)(2)(i)(A) of this section,stock ownedmeans stock directly or indirectly owned and stock owned by reason of the attribution rules of section 318(a), as modified by section 871(h)(3)(C). (B)Ownership of partnership interest. For purposes of paragraph (g)(2)(i)(B) of this section, rules similar to the rules in paragraph (g)(2)(ii)(A) of this section shall be applied in determining the ownership of a capital or profits interest in a partnership. (3)Application of 10-percent share- holder test to partners receiving interest through a partnership—(i)Partner level test. Whether interest paid to a partnership and included in the distributive share of a partner that is a nonresident alien individ- ual or foreign corporation is received by a 10 percent shareholder shall be determined by applying the rules of this paragraph (g) only at the partner level. (ii)Time at which 10-percent share- holder test is applied. The determination of whether a nonresident alien individual or foreign corporation that is a partner in a partnership is a 10-percent shareholder un- der the rules of section 871(h)(3), section 881(c)(3), and this paragraph (g) with re- spect to interest paid to such partnership shall be made at the time that the with- holding agent, absent the provisions of sec- tion 871(h), 881(c) and the rules of this paragraph, would otherwise be required to withhold under sections 1441 and 1442 May 14, 200712412007–20 I.R.B. with respect to such interest. For exam- ple, in the case of U.S. source interest paid by a domestic corporation to a domestic partnership or withholding foreign part- nership (as defined in §1.1441–5(c)(2)), the 10-percent shareholder test is applied when any distributions that include the in- terest are made to a foreign partner and, to the extent that a foreign partner’s distribu- tive share of the interest has not actually been distributed, on the earlier of the date that the statement required under section 6031(b) is mailed or otherwise provided to such partner, or the due date for furnishing such statement. See §1.1441–5(b)(2) and (c)(2)(iii). (4)Application of 10-percent share- holder test to interest paid to a simple trust or grantor trust. Whether interest paid to a simple trust or grantor trust and distributed to or included in the gross in- come of a nonresident alien individual or foreign corporation that is a beneficiary or owner of such trust, as the case may be, is received by a 10-percent shareholder shall be determined by applying the rules of this paragraph (g) only at the beneficiary or owner level. The 10-percent shareholder test is applied with respect to a nonresident alien individual or foreign corporation that isabeneficiaryofasimpletrustoran owner of a grantor trust at the time that a withholding agent, absent any exceptions, would otherwise be required to withhold under sections 1441 and 1442 with respect to such interest. ***** (i) * * * (1) * * * The rules of para- graph (g) apply to interest paid after April 12, 2007. Taxpayers may choose to apply the rules of paragraph (g) to interest paid in any taxable year not closed by the period of limitations as of April 12, 2007, provided they do so consistently for all relevant part- nerships during such years. Par. 3. Section 1.881–2 (a)(6) is added to read as follows: §1.881–2 Taxation of foreign corporations notengagedinU.S.business. (a) * * * (6) Interest received by a foreign cor- poration pursuant to certain portfolio debt instruments is not subject to the flat tax of 30 percent described in paragraph (a)(1) of this section. For rules applicable to a foreign corporation’s receipt of interest on certain portfolio debt instruments, see sec- tions 871(h), 881(c), and §1.871–14. ***** Par. 4. Section 1.1441–1(b)(7) is amended as follows: 1. Paragraphs (b)(7)(iii) is revised. 2. Paragraph (b)(7)(v) is removed. The revision reads as follows: §1.1441–1 Requirement for the deduction and withholding of tax on payments to foreign persons. ***** (b) * * * (7) * * * (iii)Liability for Interest and Penal- ties.For payments made after Decem- ber 31, 2000, if a withholding agent fails to deduct and withhold any tax imposed under sections 1441 or 1442, and the tax against which such tax may be credited un- der section 1462 is paid, then the amount oftaxrequiredtobedeductedandwith- held shall not be collected from the with- holding agent. However, the withholding agent is not relieved from liability for in- terest or any penalties or additions to the tax otherwise applicable in respect of the failure to deduct and withhold. See sec- tion 1463. Further, in the event that a tax liability is assessed against the beneficial owner under section 871, 881, or 882 and interest under section 6601(a) is assessed against, and collected from, the beneficial owner, the interest charge imposed on the withholding agent shall be abated to that extent so as to avoid the imposition of a double interest charge. ***** Kevin M. Brown, Deputy Commissioner for Services and Enforcement. Approved March 30, 2007. Eric Solomon, Assistant Secretary of theTreasury(TaxPolicy). (Filed by the Office of the Federal Register on April 11, 2007, 8:45 a.m., and published in the issue of the Federal Register for April 12, 2007, 72 F.R. 18386) 2007–20 I.R.B.1242May 14, 2007 Part III. Administrative, Procedural, and Miscellaneous Disciplinary Actions Under Section 822 of the American Jobs Creation Act of 2004 Notice 2007–39 This notice provides guidance to prac- titioners, employers, firms, and other enti- ties that may be subject to monetary penal- ties under 31 U.S.C. section 330. This no- tice also invites comments from the pub- lic regarding rules andstandards relating to monetary penalties under 31 U.S.C. sec- tion 330. BACKGROUND In general, 31 U.S.C. section 330 autho- rizes the Secretary to regulate attorneys, certified public accountants, enrolled agents, enrolled actuaries, and others who practice before the Service. Regulations under section 330 are promulgated in 31 CFR part 10 and are reprinted as Treasury Department Circular No. 230. Section 822 of the American Jobs Cre- ation Act of 2004, Pub. L. No. 108–357, 118 Stat. 1418 (the Act), amended 31 U.S.C. section 330 to expand the sanctions that the Secretary may impose for certain prohibited conduct within the meaning of section 10.52 of Circular 230 to include monetary penalties. As amended by the Act, 31 U.S.C. section 330 authorizes the Secretary to impose sanctions, including monetary penalties, against a practitioner who is incompetent or disreputable, who failstocomplywiththeregulationspre- scribed under section 330, or who, with intent to defraud, willfully and knowingly misleads or threatens a client or potential client. The Secretary is also authorized to impose monetary penalties against an em- ployer, firm, or other entity, if the prac- titioner was acting on its behalf in con- nection with the prohibited conduct giving rise to the penalties and the employer, firm, or other entity knew, or reasonably should have known, of the prohibited conduct. Monetary penalties apply only with re- spect to prohibited conduct that occurs af- ter October 22, 2004, the date of enact- ment of the Act. Under the Act, the ag- gregate monetary penalties cannot exceed the gross income derived (or to be derived) from the prohibited conduct giving rise to the penalties. Monetary penalties may be imposed for a single act of prohibited conduct or for a pattern of misconduct. Monetary penalties may be imposed in addition to, or in lieu of, any suspension, disbarment, or censure of the practitioner. Monetary penalties are not, however, a “bargaining point” that a practitioner may offer to avoid suspension, disbarment, or censure if these sanctions are otherwise appropriate. REQUIREMENTS FOR IMPOSITION OF MONETARY PENALTIES Amount of the Monetary Penalty The aggregate amount of the monetary penalty (or penalties) imposed by the Sec- retary for any prohibited conduct may not exceed the collective gross income derived by the practitioner and the employer, firm, or other entity in connection with such pro- hibited conduct. If a single act of pro- hibited conduct giving rise to a monetary penalty is an integral part of a larger en- gagement, the amount of the penalty will be limited by the “gross income derived (or to be derived)” from the larger engage- ment. In the event that the larger engage- ment began on or before October 22, 2004, the “gross income derived (or to be de- rived)” will be calculated, on apro rata basis, to exclude amounts attributable to conduct occurring on or before October 22, 2004. In determining the amount of the monetary penalty (or penalties), the Secretary will consider amounts that the practitioner, employer, firm, or other en- tity could reasonably expect to realize, ir- respective of whether the amounts have ac- tually been received. The Secretary has discretion to im- pose a monetary penalty in an amount less than the amount allowed by statute. In determining the amount of the penalty (or penalties), the Service will consider the level of culpability of the practitioner, firm, or other entity; whether the practi- tioner, firm, or other entity violated a duty owed to a client or prospective client; the actual or potential injury caused by the prohibited conduct; and the existence of aggravating or mitigating factors. Mit- igating factors may include whether the practitioner, employer, firm, or other entity took prompt action to correct the noncom- pliance after the prohibited conduct was discovered; promptly ceased engaging in the prohibited conduct; attempted to rectify any harm caused by the prohibited conduct; or undertook measures to ensure that the prohibited conduct would not oc- cur again in the future. In general, the Service will not impose monetary penal- ties in cases of minor technical violations, when there is little or no injury to a client, the public, or tax administration, and there is little likelihood of repeated similar mis- conduct. The Secretary may impose separate penalties against the practitioner and against the employer, firm, or other entity for any prohibited conduct. Each separate penalty may not exceed the gross income derived by the practitioner and the em- ployer, firm, or other entity, respectively. Imposition of a Separate Monetary Penalty on an Employer, Firm, or Other Entity If a practitioner acted on behalf of an employer, firm, or other entity in connec- tion with prohibited conduct, the Secretary may impose a separate monetary penalty on the employer, firm, or other entity if the employer, firm, or other entity knew, or reasonably should have known, of the prohibited conduct. A practitioner is considered to have acted on behalf of an employer, firm, or other entity if – (1) An agency relationship existed be- tween the practitioner and the employer, firm, or other entity; (2) The purpose of the agency relation- ship was to provide services in connection with practice before the Internal Revenue Service (as defined in section 10.2(d) of Circular 230); and (3) The prohibited conduct giving rise to the penalty arose in connection with the agency relationship. An employer, firm, or other entity knows or reasonably should know of the prohibited conduct if – (1) One or more members of the prin- cipal management (or officers) of the em- ployer, firm, or other entity, or one or more members of the principal management (or May 14, 200712432007–20 I.R.B. officers) of a branch office knows, or has information from which a person with sim- ilar experience and background would rea- sonably know, of the prohibited conduct; or (2) The employer, firm, or other entity through willfulness, recklessness, or gross indifference (including ignoring facts that would lead a person of reasonable pru- dence and competence to investigate or as- certain) did not take reasonable steps to ensure compliance with Circular 230; and one or more individuals associated with the employer, firm, or other entity, in con- nection with their agency relationship with the employer, firm, or other entity, engages in prohibited conduct within the meaning of section 10.52 of Circular 230 that harms a client, the public, or tax administration, or a pattern or practice of failing to comply with Circular 230. The following examples illustrate the above provisions: Example 1: Attorney A specializes in tax plan- ning and works out of a national accounting firm’s headquarters. Attorney A is involved in the develop- ment of off-the-shelf tax planning strategies, includ- ing Strategy X. Attorney A has wide discretion over his day-to-day work product and rarely supervises other professionals at the firm. Attorney A rarely deals directly with clients as this work is handled by other firm partners or employees. Attorney A works directly with the firm’s other attorneys, accountants and support staff across the country to market and fine-tune Strategy X. Clients of the firm are exam- ined by the Service with respect to Strategy X, but Attorney A is not identified on any Form 2848 as a representative. Attorney A reports to the director of the firm’s tax practice. The director of the firm’s tax practice pro- vides general oversight as to Attorney A. The director of the firm’s tax practice was aware of the strategies that Attorney A developed, including Strategy X, al- though he was not necessarily familiar with the tech- nical tax details of each strategy. The director of the firm’s tax practice also knew that Strategy X gener- ated measurable revenue for the firm. OPR determines that Attorney A engaged in prohibited conduct in violation of Circular 230 in the creation, promotion and marketing of Strategy X. Attorney A acted on behalf of the firm because an agency relationship existed between Attorney A and the firm, and the misconduct arose in connection with that agency relationship as Attorney A worked on behalf of the firm to promote Strategy X. The firm knew or had reason to know of the prohibited conduct in this situation. The director of the firm’s tax practice, who is a member of principal man- agement of the firm, had general knowledge that Attorney A developed the tax-advantaged strategies. Alternatively, in the absence of general knowledge, the director of the firm’s tax practice would need to inquire into Strategy X because it added measurably to the firm’s revenue. Both Attorney A and the firm are subject to a monetary penalty. Example 2: Unenrolled Return Preparer B owns and operates her own firm that provides return prepa- ration services to the public and also specializes in preparing Forms 656,Offers In Compromise.B’s firm employs 10 attorneys, CPAs and enrolled agents (all practitioners) and 15 unenrolled return preparers. B supervises and directs all of her employees. B’s firm is structured in such a manner so that the first and predominant contact for clients coming in from the public is with the unenrolled return preparers. The unenrolled return preparers assist clients with prepar- ing Forms 656 that are later submitted directly to the Service. B does not review individual Forms 656 but has provided specific instructions to her staff regard- ing how to complete false and misleading Forms 656 in violation of Circular 230. In order to facilitate the submission to the Service of the false or misleading Forms 656, B’s procedure is to authorize one of her 10 practitioners to submit a Form 2848 on behalf of a client much later in the process, well after submission of the Forms 656 in violation of Circular 230. Although B is not a practitioner, the practitioner’s actions in submitting the Forms 2848 are done on be- half of the firm pursuant to an agency relationship and occur in connection with prohibited conduct. B’s firm is considered to know or have reason to know of the prohibited conduct because B, a member of principal management, instructed her staff regarding completion of the forms in violation of Circular 230. The practitioner’s actions subject B’s firm to a mon- etary penalty. When determining if a monetary penalty should be imposed on an em- ployer, firm, or other entity, the Secretary will consider factors in addition to whether the employer, firm, or other entity knew, or reasonably should have known, of the pro- hibited conduct (or whether the employer, firm or other entity did not use reasonable efforts to ensure compliance with Circu- lar 230). For example, the Secretary will consider the gravity of the misconduct, any history of noncompliance by the em- ployer, firm, or other entity, preventative measures in effect prior to the miscon- duct, and any corrective measures taken by the employer, firm, or other entity after the prohibited conduct was discovered, including measures toensure that future prohibited conduct does not occur. Additional Guidance and Request for Comments The Service may issue additional guid- ance regarding the application of mone- tary penalties, including, but not limited to, the factors that the Service should con- sider when evaluating all the facts and cir- cumstances of a particular case. The Ser- vice requests comments with respect to the appropriate factors to be considered when determining whether a monetary penalty is appropriate. Comments also are requested as to factors that the Service should con- sider in declining to impose a monetary penalty on an employer, firm, or other en- tity, including the weight given to adequate procedures in place for purposes of com- plying with Circular 230. Additionally, in order to develop a penalty system that best encourages com- pliance with Circular 230, the Service requests comments regarding mitigating circumstances to consider when determin- ing the amount of a monetary penalty. Mitigating circumstances could be consid- ered, for example, in varying the amount of the penalty to correspond to the seri- ousness of the misconduct or pattern of misconduct. Mitigating circumstances could include, but not be limited to, the immediacy of the misconduct, history of misconduct, the existence of firm proce- dures, and corrective measures taken after discovery of the misconduct. Interested parties are invited to submit comments by August 13, 2007. Com- ments should be submitted to: Internal Revenue Service, CC:PA:LPD:PR (No- tice 2007–39), Room 5203, P.O. Box 7604, Ben Franklin Station, Washing- ton, DC 20224. Alternatively, comments may be hand delivered Monday through Friday between the hours of 8:00 a.m. to 4:00 p.m. to: CC:PA:LPD:PR (No- tice 2007–39), Courier’s Desk, Inter- nal Revenue Service, 1111 Constitution Avenue, N.W., Washington, DC. Com- ments may also be submitted electron- ically via the following e-mail address: Notice.Comments@irscounsel.treas.gov. Please include “Notice 2007–39” in the subject line of any electronic submissions. DRAFTING INFORMATION The principal author of this notice is Matthew Cooper of the Office of Asso- ciate Chief Counsel (Procedure & Admin- istration), Administrative Provisions and Judicial Practice Division. For further information regarding this notice, con- tact Matthew Cooper at (202) 622–4940 (not a toll-free call). 2007–20 I.R.B.1244May 14, 2007 Part IV. Items of General Interest Notice of Proposed Rulemaking and Notice of Public Hearing Section 1367 Regarding Open Account Debt REG–144859–04 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking and notice of public hearing. SUMMARY: This document proposes amendments to the regulations relating to the treatment of open account debt be- tween S corporations and their sharehold- ers. These proposed regulations provide rules regarding the definition of open ac- count debt and the adjustments in basis of any indebtedness of an S corporation to a shareholder under section 1367(b)(2) of the Internal Revenue Code (Code) for shareholder advances and repayments on advances of open account debt. The pro- posed regulations affect shareholders of S corporations and are necessary to pro- vide guidance needed to comply with the applicable tax law. This document also provides notice of a public hearing. DATES: Written or electronic comments and requests for a public hearing must be received by July 11, 2007. Outlines of topics to be discussed at the public hearing scheduled for July 31, 2007, at 10 a.m., must be received by July 10, 2007. ADDRESSES: Send submissions to: CC:PA:LPD:PR(REG–144859–04), room 5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions also may be hand-delivered Monday through Friday between the hours of 8a.m.and4p.m. to: CC:PA:LPD:PR (REG–144859–04), Courier’s Desk, In- ternal Revenue Service, 1111 Constitution Avenue, NW, Washington, DC, or sent electronically via the Federal eRulemak- ing Portal athttp://www.regulations.gov (IRS REG–144859–04). The public hear- ingwillbeheldintheIRSAuditorium, Internal Revenue Building, 1111 Constitu- tion Avenue, NW, Washington, DC. FOR FURTHER INFORMATION CONTACT: Concerning the pro- posed regulations, Stacy L. Short or Deane M. Burke, (202) 622–3070; concerning submissions of comments, the hearing, and/or to be placed on the building access list to attend the hearing, Richard Hurst at (202) 622–2949 (TDD Telephone) (not toll-free numbers) and his e-mail address is Richard.A.Hurst@irscounsel.treas.gov, (202) 622–7180 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Paperwork Reduction Act The collections of information con- tained in this notice of proposed rulemak- ing have been submitted to the Office of Management and Budget for review in accordance with the Paperwork Re- duction Act of 1995 (44 U.S.C. 3507). Comments on the collections of infor- mation should be sent to the Office of Management and Budget, Attention: Desk Officer for the Department of the Trea- sury, Office of Information and Regula- tory Affairs, Washington, DC 20503, with copies to the Internal Revenue Service, Attention: IRS Reports Clearance Officer, SE:W:CAR:MP:T:T:SP, Washington, DC 20224. The recordkeeping requirement in these proposed regulations is in §1.1367–2(a)(2)(i). This information must be maintained by the shareholder to ensure that the indebtedness of the S corporation to the shareholder continues to meet the definition of open account debt found in §1.1367–2(a)(2)(i). The recordkeepers will be S corporation shareholders who have open account debt. The following estimates are an approx- imation of the average time expected to be necessary for a collection of informa- tion. They are based on the information that is available to the Internal Revenue Service. Individual recordkeepers may re- quire greater or less time, depending on their particular circumstances. Estimated total annual recordkeeping burden: 250 hours. Estimated average annual burden: hours per recordkeeper varies from .75 to 1.25 hours, depending on individual circumstances, with an estimated average of 1 hour. Estimated number of recordkeepers: 250. Estimated annual frequency of record- keeping: On occasion. Background This document proposes to amend §1.1367–2 of the Income Tax Regulations (26 CFR part 1) regarding the definition of open account debt and adjustments in basis of indebtedness for shareholder ad- vances and repayments on advances of open account debt. Section 1367(a)(1) provides that the basis of each shareholder’s stock in an S corporation is increased by the share- holder’spro ratashare of the S corpo- ration’s income (separately and nonsep- arately computed items of income) and the excess of the deductions for depletion over the basis of the property subject to depletion. Section1367(a)(2) provides that the basis of each shareholder’s stock in the S corporation is decreased by the shareholder’spro ratashare of distri- butions not includible in income of the shareholder by reason of section 1368 (nontaxable distributions), losses and de- ductions (separately and non-separately computed losses), any expense of the corporation that is not deductible and not properly chargeableto capital account, and certain deductions for depletion for any oil and gas property held by the S corporation. Under section 1367(b)(2)(A), if for any taxable year the amounts specified in sec- tion 1367(a)(2) (other than distributions) exceed the amount which reduces the shareholder’s basis to zero, such excess losses and deductions shall be applied to reduce (but not below zero) the share- holder’s basis in any indebtedness of the S corporation to the shareholder. Section 1367(b)(2)(B) provides that if a share- holder’s basis in indebtedness is reduced for any taxable year, any net increase (the amount by which the items described in section 1367(a)(1) exceed the items described in section 1367(a)(2)) for any subsequent taxable year is applied to re- May 14, 200712452007–20 I.R.B. store the reduction in basis in indebtedness before any of the excess is used to increase basis in stock. On January 3, 1994, the Treasury De- partment and the IRS published final reg- ulations under section 1367 of the Code (T.D. 8508, 1994–1 C.B. 219 [59 FR 12], amended on December 22, 1999 (T.D. 8852, 2000–1 C.B. 253 [64 FR 71641])). Those final regulations relate, in part, to adjustments to basis in both stock of share- holders and indebtedness of an S corpora- tion to its shareholders. Section 1.1367–2 of the Income Tax Regulations provides specific rules for required adjustments (reductions and restorations) to basis in any indebtedness of an S corporation to a shareholder. Section 1.1367–2(a) also provides that for purposes of adjustments to basis of indebtedness to shareholders, shareholder advances not evidenced by separate written instruments and repay- ments on the advances (open account debt) are treated as a single indebtedness. Further, §1.1367–2(a) provides that the basis of indebtedness of the S corporation to a shareholder is reduced as provided in §1.1367–2(b) and restored as provided in §1.1367–2(c). Thus, the basis adjustment rules under the final regulations apply to all indebtedness of an S corporation to a shareholder, whether the indebtedness is evidenced by a written instrument or is open account debt. Section 1.1367–2(b) provides the rules for the reduction of basis of indebtedness of an S corporation to a shareholder. Gen- erally, under §1.1367–2(b)(1), if the ba- sis of a shareholder’s stock in the S cor- poration has been reduced to zero under section 1367(a)(2), the excess of certain losses and deductions specified in section 1367(a)(2) is applied to reduce (but not be- low zero) the basis of any indebtedness of the S corporation to the shareholder held by the shareholder at the close of the S cor- poration’s taxable year. Any indebtedness of the S corporation to the shareholder that has been satisfied by the S corporation, or disposed of or forgiven by the shareholder during the taxable year, is not held by the shareholder at the close of that year and is not subject to basis reduction. Further, §1.1367–2(b)(2) provides that if the inter- est of the shareholder in the S corporation is terminated during the taxable year, the rules in §1.1367–2(b) are applied to any indebtedness of the S corporation to the shareholder held by the shareholder imme- diately before the termination of the share- holder’s interest in the S corporation. If a shareholder holds more than one indebted- ness at the close of the taxable year (or, if applicable, immediately prior to the termi- nation of the shareholder’s interest in the corporation), the basis of each indebted- ness is reduced under §1.1367–2(b)(3) in the same proportion that the basis of each indebtedness bears to the aggregate bases of the indebtedness of the S corporation to the shareholder. Section 1.1367–2(c) provides the rules for restoring basis of indebtedness of an S corporation to a shareholder. Generally, under §1.1367–2(c)(1), if, for any taxable year of the S corporation, there has been a reduction in the basis of an indebted- ness of the S corporation to a shareholder, any net increase in any subsequent tax- able year of the S corporation is applied to restore that reduction. For purposes of §1.1367–2, a net increase is the amount by which the shareholder’spro ratashare of S corporation items described in sec- tion 1367(a)(1) exceed the items described in section 1367(a)(2) for the taxable year. The restoration rules apply only to indebt- edness held by the shareholder as of the beginning of the taxable year in which the net increase arises. Further, the reduction in basis of indebtedness must be restored before a net increase is used to restore the shareholder’s basis in stock. The share- holder’s basis in indebtedness may not be restored above the adjusted basis of the in- debtedness under section 1016(a) (exclud- ing any prior year’s adjustments under sec- tion 1367), determined as of the beginning of the taxable year in which the net in- crease arises. Under §1.1367–2(c)(2), if a share- holder holds more than one indebtedness as of the beginning of an S corporation’s taxable year, any net increase is applied first to restore the reduction of basis in any indebtedness repaid (in whole or in part) in that taxable year to the extent necessary to offset any gain that would otherwise be realized on the repayment. Any remaining net increase is applied to restore each out- standing indebtedness in proportion to the amount that the basis of each outstanding indebtedness has been reduced and not restored. Section 1.1367–2(d) provides rules for the time at which adjustments to basis of indebtedness under section 1367(b)(2) are effective. Generally, un- der §1.1367–2(d)(1) the amount of the adjustments to basis of indebtedness are determined and effective as of the close of an S corporation’s taxable year. However, if the shareholder is not a shareholder in the S corporation at that time, the adjust- ments are effective immediately before the shareholder’s interest in the S corpo- ration is terminated. Moreover, if a debt is disposed of or repaid, in whole or in part, before the close of the taxable year, the basis of that debt is restored effective immediately before the disposition or the first repayment on the debt during the tax- able year. On August 25, 2005, the Tax Court issued its decision inBrooks v. Commis- sioner, TC Memo. 2005–204. InBrooks, the taxpayer borrowed money from a bank and advanced that money as open account debt to his S corporation in one taxable year and reduced basis in that open account debt for losses passed through to the tax- payer at the end of that same year. In the first few weeks of the subsequent taxable year, the S corporation repaid the open account debt (the taxpayer then repaid his debt for the borrowed money). Late in that subsequent year, the taxpayer ad- vanced additional money (again, amounts borrowed from a bank) in an amount that offset the repayment of advances to avoid the recognition of gain from repayment of the indebtedness. Also, the taxpayer’s advances increased the shareholder’s basis in the indebtedness and allowed losses for that year to pass through to the taxpayer shareholder. Taxpayer and the S corpora- tion made these repayments and advances for several taxable years and deferred in- definitely the recognition of income on any repayment of his open account debt. The court inBrooksheld “that the basis of the open account indebtedness is prop- erly computed by netting at the close of the year advances of open account debt during the year and repayments of open account debt during the year.” Explanation of Provisions The Treasury Department and the IRS believe that the concept of “open ac- count debt” as defined in §1.1367–2(a) was intended to provide administrative simplicity for S corporations but was not 2007–20 I.R.B.1246May 14, 2007 intended to permit the deferral allowed in Brooks. The IRS and Treasury Depart- ment are proposing these amendments to narrow the definition of open account debt andtomodifytherulesforadjustments of basis in indebtedness for the more nar- rowly defined open account debt. In these proposed regulations, open account debt is defined as shareholder advances not evidenced by separate writ- ten instruments for which the principal amount of the aggregate advances (net of repayments on the advances) does not exceed $10,000 at the close of any day during the S corporation’s taxable year. Included within that definition are separate advances under a line of credit agreement if the advances are not evi- denced by a separate written instrument. Open account debt is treated as a single indebtedness. This $10,000 limitation on open account debt for the purposes of the §1.1367–2 regulations is modeled af- ter section 7872(c)(3) and the §1.7872–9 proposed regulations, which provide a $10,000de minimisexception to the treat- ment of loans with below-market interest rates for compensation-related or corpora- tion-shareholder loans. Under these proposed regulations, to determine whether shareholder advances and repayments on the advances exceed the $10,000 aggregate principal threshold on any day during the S corporation’s taxable year for open account debt, the shareholder will have to maintain a “run- ning balance” of those advances and re- payments, and the outstanding principal amount of the open account debt. If the resulting aggregate principal of the run- ning balance does not exceed $10,000 at the close of any day during the S corpo- ration’s taxable year, the advances and repayments on advances would constitute open account debt, would be treated as a single indebtedness, and would be ac- counted for at the close of the taxable year (as explained in this preamble). However, if the resulting aggregate principal of the running balance exceeds $10,000 at the close of any day during the S corporation’s taxable year, the entire principal amount of that indebtedness would no longer con- stitute open account debt effective at the close of the day on the date the amount of the running balance exceeds $10,000. This principal amount would be treated as indebtedness evidenced by a written in- strument for that taxable year, and would be accounted for according to the timing rules in §1.1367–2(d) for that taxable year and subsequent taxable years. Any new shareholder advances not evidenced by a written instrument and repayments on those advances within the $10,000 aggre- gate principal threshold amount during the taxable year would constitute a new open account debt. The proposed regulations also mod- ify the manner in which repayments on open account debt are accounted for un- der the existing final §1.1367–2 regu- lations. These rules are separate from the maintenance of a running balance of the advances and repayments to deter- mine if a shareholder has exceeded the $10,000 threshold amount. For purposes of accounting for open account debt, each shareholder, at the end of the S corpora- tion’s taxable year, must determine if that shareholder has made a net advance or received a net repayment on open account debt for that taxable year. To determine if a net advance or a net repayment has occurred, each shareholder, at the end of the S corporation’s taxable year, must net all advances and repayments made during the year without regard to the outstand- ing principal amount of the open account debt. If, at the end of the taxable year, a net repayment exists, the net repayment must be taken into account effective at the close of the S corporation’s taxable year under the general basis adjustment rules in the existing final §1.1367–2 regulations. If, at the end of the taxable year, a net ad- vance exists, the net advance is combined with the outstanding aggregate principal balance of the existing open account debt and that amount is carried forward to the beginning of the subsequent taxable year as the outstanding aggregate principal amount of the open account debt. If at any time during the taxable year the re- sulting aggregate principal of the running balance exceeds the $10,000 threshold amount so the entire principal amount of the indebtedness no longer constitutes open account debt, the running balance must be reconciled effective at the close of the day the balance exceeds $10,000 to determine the aggregate principal amount of the indebtedness, and for the remainder of the taxable year that principal amount is treated in the same manner as indebted- ness evidenced by a written instrument for the purposes of this section. Proposed Effective Date The regulations, as proposed, apply to any shareholder advances to the S corpo- ration made on or after the date of pub- lication of a Treasury decision adopting these rules as final regulations in theFed- eral Registerand repayments on those ad- vances by the S corporation. Special Analyses It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory as- sessment is not required. It also has been determined that section 553(b) of the Ad- ministrative Procedure Act (5 U.S.C. chap- ter 5) does not apply to these regulations. Because these regulations do not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to sec- tion 7805(f) of the Code, this notice of pro- posed rulemaking will be submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Comments and Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any written comments (a signed original and eight (8) copies) or electronic comments that are submitted timelytotheIRS.TheIRSandtheTrea- sury Department request comments on the clarity of the proposed rules and how they can be made easier to understand. All comments will be available for public in- spection and copying. A public hearing has been scheduled for July 31, 2007, beginning at 10 a.m. in the IRS Auditorium, Internal Revenue Build- ing, 1111 Constitution Avenue, NW, Wash- ington, DC. Due to building security pro- cedures, visitors must enter at the Consti- tution Avenue entrance. In addition, all visitors must present photo identification to enter the building. Because of access restrictions, visitors will not be admitted beyond the immediateentrance area more than 30 minutes before the hearing starts. For information about having your name May 14, 200712472007–20 I.R.B. placed on the building access list to attend the hearing, see the “FOR FURTHER IN- FORMATION CONTACT” section of this preamble. The rules of 26 CFR 606.601(a)(3) ap- ply to the hearing. Persons who wish to present oral comments at the hearing must submit electronic or written comments and an outline of the topics to be discussed and time to be devoted to each topic (a signed original and eight (8) copies) by July 10, 2007. A period of 10 minutes will be allotted to each person for making com- ments. 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 authors of these regulations are Stacy L. Short and Deane M. Burke of the Office of the Associate Chief Counsel (Passthroughs and Special Industries), IRS. ***** Proposed Amendments to the Regulations Accordingly, 26 CFR part 1 is proposed to be amended as follows: PART 1—INCOME TAX Paragraph 1. The authority citation for part 1 is amended by adding an entry in numerical order to read in part as follows: Authority: 26 U.S.C. 7805 * * * Section 1.1367–2 also issued under 26 U.S.C. 1367(b)(2).* * * Par. 2. Section 1.1367–2 is amended as follows: 1. Paragraph (a) is revised and redes- ignated as paragraph (a)(1) and paragraph (a)(2) is added. 2. Paragraphs (c)(2) and (d)(1) are re- vised. 3. Paragraph (d)(2) is redesignated as paragraph (d)(3). 4. New paragraph (d)(2) is added. 5. Paragraph (e) is amended by adding Examples 6and7. The revisions and additions read as fol- lows: §1.1367–2 Adjustments to basis of indebtedness to shareholder. (a)In general—(1)Adjustments under section 1367. This section provides rules relating to adjustments required by sub- chapter S to the basis of indebtedness (in- cluding open account debt as described in paragraph (a)(2) of this section) of an S corporation to a shareholder. The basis of indebtedness of the S corporation to a shareholder is reduced as provided in para- graph (b) of this section and restored as provided in paragraph (c) of this section in accordance with the timing rules in para- graph (d) of this section. (2)Open Account Debt—(i)General rule.Thetermopen account debtmeans shareholder advances not evidenced by separate written instruments and repay- ments on the advances, the aggregate outstanding principal of which does not exceed $10,000 of indebtedness of the S corporation to the shareholder at the close of any day during the S corporation’s taxable year. Advances and repayments on open account debt are treated as a single indebtedness. For purposes of de- termining if shareholder advances not evidenced by separate written instruments and repayments on those advances ex- ceed an aggregate outstanding principal of $10,000, a shareholder must maintain a running daily balance of all advances and repayments on those advances and the outstanding principal amount of the open account debt at the close of each day during the S corporation’s taxable year. (ii)Exception. If a shareholder’s run- ning balance exceeds an aggregate out- standing principal amount of $10,000 at the close of any day during the S corpora- tion’s taxable year, effective on the close of the day on which the shareholder’s run- ning balance exceeds $10,000, the running balance must be reconciled to determine the aggregate principal amount of indebt- edness. For the remainder of the taxable year, that aggregate principal amount of in- debtedness is treated in the same manner as indebtedness evidenced by a separate writ- ten instrument for purposes of this section. For the remainder of that taxable year and subsequent taxable years, the indebtedness is not open account debt and is subject to all basis adjustment rules applicable to ba- sis of indebtedness of an S corporation to a shareholder in this section. ***** (c)***(1)*** (2)Multiple indebtedness. If a share- holder holds more than one indebtedness (including any open account debt and any debt treated as a single indebtedness under paragraph (a)(2)(ii)) as of the beginning of an S corporation’s taxable year, any net in- crease is applied first to restore the reduc- tion of basis in any indebtedness repaid (in whole or in part) in that taxable year to the extent necessary to offset any gain that would otherwise be realized on the repay- ment. Any remaining net increase is ap- plied to restore each outstanding indebt- edness (including any open account debt and any debt treated as a single indebted- ness under paragraph (a)(2)(ii) of this sec- tion) in proportion to the amount that the basis of each outstanding indebtedness has been reduced under section 1367(b)(2)(A) and paragraph (b) of this section and not restored under section 1367(b)(2)(B) and this paragraph (c). (d)Time at which adjustments to ba- sis of indebtedness are effective—(1)In general. Except as provided in paragraph (d)(2) of this section, the amounts of the adjustments to basis of indebtedness pro- vided in section 1367(b)(2) and this sec- tion are determined as of the close of the S corporation’s taxable year, and the ad- justments are generally effective as of the close of the S corporation’s taxable year. However, if the shareholder is not a share- holder in the S corporation at that time, these adjustments are effective immedi- ately before the shareholder terminates his or her interest in the S corporation. If a debt (including any open account debt and any debt treated as a single indebtedness under paragraph (a)(2)(ii) of this section) is disposed of or repaid in whole or in part before the close of the taxable year, the ba- sis of that indebtedness is restored under paragraph (c) of this section, effective im- mediately before the disposition or the first repayment on the debt (or the net repay- ment on open account debt) during the tax- able year. To the extent any reduction of basis in indebtedness under paragraph (b) of this section that is disposed of or repaid (in whole or in part) during the taxable year is not restored completely under paragraph (c) of this section, gain is realized on the re- payment effective immediately before the indebtedness is disposed of or repaid (in whole or in part). 2007–20 I.R.B.1248May 14, 2007 (2)Open account debt—(i)In gen- eral. All advances and repayments on open account debt (as described in para- graph (a)(2)(i) of this section) during the taxable year are netted continuously as the advances and repayments occur. The amount of any net advance or net repayment on open account debt for the S corporation’s taxable year is determined at the close of the taxable year. If the shareholder advances, and repayments on the advances, during the S corporation’s taxable year result in a net advance or net repayment, the basis of the open account debt is reduced as provided in paragraph (b) of this section and restored as provided in paragraph (c) of this section effective at the close of the taxable year. To the extent any reduction of basis of open account debt under paragraph (b) of this section that is disposed of or repaid (in whole or in part) during the taxable year is not re- stored completely under paragraph (c) of this section, income is realized on the net repayment at the close of the taxable year in which the open account debt is disposed of or repaid (in whole or in part). (ii)Exception. On the close of the day on which the shareholder’s running balance exceeds an aggregate outstanding principal amount of $10,000, the share- holder’s running balance is reconciled to determine an aggregate principal amount of indebtedness. The resulting aggregate principal amount of indebtedness is treated as the principal amount of a debt evidenced by a separate written instrument for the re- mainder of that taxable year and any subse- quent taxable year, and is no longer subject to the open account debt provisions of this section. ***** (e) * * * ***** Example 6.Treatment of open account debt.(i)A has been the sole shareholder in Corporation S since 2000. In 2007, A advances S $8,000, which is not evidenced by a written instrument. The $8,000 ad- vance is open account debt and remains outstanding at that amount during 2007. On December 31, 2007, the basis of A’s stock is zero; and the basis of the open account debt is reduced under paragraph (b) of this section to $4,000. On April 1, 2008, S repays $3,000 of the open account indebtedness. On September 1, 2008, A advances S an additional $2,000, which is not evidenced by a written instrument. There is no net in- crease under paragraph (c) of this section in year 2007 or 2008. (ii) At no time during the 2007 taxable year does the running balance of A’s open account debt exceed $10,000. As of December 31, 2007, A’s basis in the open account debt is reduced under paragraph (b) of this section to $4,000. (iii) At no time during the 2008 taxable year does the running balance of A’s open account debt exceed $10,000. On April 1, 2008, S’s $3,000 repayment is applied to A’s running balance for open account debt carried forward from 2007 in the amount of $8,000 to reduce the running balance to $5,000. On September 1, 2008, A’s advance to S of $2,000, which is not evidenced by a written instrument, is applied to A’s running balance to bring A’s aggregate outstanding principal on A’s open account indebtedness to $7,000. (iv) At the close of the 2008 taxable year, the $3,000 April repayment S makes to A and A’s $2,000 September advance are netted to result in a net re- payment of $1,000 for the taxable year on A’s $8,000 open account debt carried forward from 2007. Be- cause there is no net increase in 2008, no basis of in- debtedness is restored for the 2008 taxable year. Example 7.Treatment of shareholder indebted- ness not evidenced by a written instrument which ex- ceeds $10,000. (i) The facts are the same as inEx- ample 6, in addition to which, on February 1, 2008, S repays $1,000 of the open account debt and on March 1, 2008, A advances S $5,000, which is not evidenced by a written instrument. (ii) At no time during the 2007 taxable year does the running balance of A’s open account debt exceed $10,000. As of December 31, 2007, the basis of the open account debt is reduced under paragraph (b) of this section to $4,000. (iii) The running balance of A’s open account debt does exceed $10,000 during the 2008 taxable year. On February 1, 2008, S’s $1,000 repayment is applied to A’s running balance foropen account debt carried forward from 2007 in the amount of $8,000 to reduce the running balance to $7,000. On March 1, 2008, A’s advance to S of $5,000, which is not evidenced by a written instrument, is applied to A’s running balance to bring A’s aggregate outstanding principal on A’s open account debt to $12,000. Because this amount exceeds the $10,000 threshold amount, effective at the close of the day on March 1, 2008, A’s running balance must be reconciled to determine an aggregate principal amount of indebtedness. (iv) As of March 1, 2008, S had made a $1,000 repayment on A’s open account debt, and A had ad- vanced an additional $5,000 which was not evidenced by a written instrument. To reconcile A’s running balance, the $1,000 repayment and $5,000 advance are netted first to result in a $4,000 net advance that is then added with A’s existing principal amount of open account debt of $8,000 to determine the aggre- gate principal amount of indebtedness of $12,000. As of March 1, 2008, S’s indebtedness to A that is not evidenced by a written instrument has a principal bal- ance of $12,000 and a basis of $8,000 ($4,000 basis on December 31, 2007 + $4,000 net advance). On April 1, 2008, S repays $3,000 of that new indebted- ness. (v) On September 1, 2008, A advances S an ad- ditional $2,000, which is not evidenced by a written instrument. The $2,000 advance is considered new open account debt. On December 31, 2008, A’s basis in his stock is zero and the outstanding principal in the two remaining debts are as follows: 3/1/08 principal 4/1/08 repayment 9/1/08 advance 12/31/08 principal Indebtedness treated as if evidenced by written instrument $12,000$3,000$9,000 Open account debt $2,000$2,000 Par. 3. Section 1.1367–3 is amended as follows: 1. The section heading is revised. 2. The first sentence of the paragraph is revised. 3. A new second and last sentence are added. The revisions and additions read as fol- lows: §1.1367–3 Effective dates and transitional rules. Section 1.1367–2(a), (c)(2), (d)(2), and (e)Example 6andExample 7apply to any shareholder advances to the S corporation made on or after the date these regulations are published as final regulations in the Federal Registerand repayments on those advances by the S corporation. Kevin M. Brown, Deputy Commissioner for Services and Enforcement. (Filed by the Office of the Federal Register on April 11, 2007, 8:45 a.m., and published in the issue of the Federal Register for April 12, 2007, 72 F.R. 18417) May 14, 200712492007–20 I.R.B. Announcement of Disciplinary Actions Involving Attorneys, Certified Public Accountants, Enrolled Agents, and Enrolled Actuaries — Suspensions, Censures, Disbarments, and Resignations Announcement 2007-41 Under Title 31, Code of Federal Regu- lations, Part 10, attorneys, certified public accountants, enrolled agents, and enrolled actuaries may not accept assistance from, or assist, any person who is under disbar- ment or suspension from practice before the Internal Revenue Service if the assis- tance relates to a matter constituting prac- tice before the Internal Revenue Service and may not knowingly aid or abet another person to practice before the Internal Rev- enue Service during a period of suspen- sion, disbarment, or ineligibility of such other person. To enable attorneys, certified public accountants, enrolled agents, and enrolled actuaries to identify persons to whom these restrictions apply, the Director, Of- fice of Professional Responsibility, will announce in the Internal Revenue Bulletin their names, their city and state, their pro- fessional designation, the effective date of disciplinary action, and the period of suspension. This announcement will ap- pear in the weekly Bulletin at the earliest practicable date after such action and will continue to appear in the weekly Bulletins for five successive weeks. Consent Suspensions From Practice Before the Internal Revenue Service Under Title 31, Code of Federal Regu- lations, Part 10, an attorney, certified pub- lic accountant, enrolled agent, or enrolled actuary, in order to avoid the institution or conclusion of a proceeding for his or her disbarment or suspension from prac- tice before the Internal Revenue Service, may offer his or her consent to suspension from such practice. The Director, Office of Professional Responsibility, in his dis- cretion, may suspend an attorney, certified public accountant, enrolled agent, or en- rolled actuary in accordance with the con- sent offered. The following individuals have been placed under consent suspension from practice before the Internal Revenue Ser- vice: NameAddressDesignationDate of Suspension Hankinson, Eugene M.Somerset, PACPAIndefinite from November 15, 2006 Canzano, Richard M.Winchester, MAAttorneyIndefinite from November 20, 2006 Sims, Jr., LionelHouston, TXCPAIndefinite from November 20, 2006 Wendekier, Raymond J.Patton, PAAttorneyIndefinite from November 21, 2006 Golden, LarryHinesville, GACPAIndefinite from November 28, 2006 Lane, David B.Hanover, MAAttorneyIndefinite from November 28, 2006 2007–20 I.R.B.1250May 14, 2007 NameAddressDesignationDate of Suspension Brown, Arthur I.Miami, FLCPAIndefinite from December 1, 2006 Frisk, Daniel J.Fargo, NDAttorneyIndefinite from December 1, 2006 Small, Kenneth A.McMurray, PACPAIndefinite from December 1, 2006 Vazquez, Sonya M.Port Orchard, WACPAIndefinite from December 1, 2006 Swistak, AnthonyAdams, MAEnrolled AgentIndefinite from December 6, 2006 Lenahan, Jr., Robert J.Elizabeth, NJAttorneyIndefinite from December 11, 2006 Hayes, Richard A.Havervill, MAAttorneyIndefinite from December 14, 2006 Scheller, Stephen M.Coppell, TXCPAIndefinite from December 15, 2006 Wilson, James M.Berlin, NJCPAIndefinite from December 15, 2006 Franzese, Joseph P.Winthrop, MAAttorneyIndefinite from December 18, 2006 Black, Charles C.Marietta, GAAttorneyIndefinite from January 1, 2007 Enright, III, Robert A.Naples, FLAttorneyIndefinite from January 1, 2007 Fromovitz, Norman M.Brooklyn, NYCPAIndefinite from January 1, 2007 Saylor, Mary A.Iowa City, IAEnrolled AgentIndefinite from January 1, 2007 Seeherman, AlanWynnewood, PACPAIndefinite from January 1, 2007 May 14, 200712512007–20 I.R.B. NameAddressDesignationDate of Suspension Beistel, Theodore L.Canton, OHCPAIndefinite from January 3, 2007 Myers, Robert J.Fairport Harbor, OHCPAIndefinite from January 9, 2007 Burrus, Robert V.Valparaiso, INCPAIndefinite from January 22, 2007 Patterson, Douglas W.Newburgh, INAttorneyIndefinite from January 31, 2007 Lang, Jeffrey H.Fishers, INCPAIndefinite from January 22, 2007 Chickering, DavidVermillion, SDCPAFebruary 5, 2007 to November 4, 2007 Moss, Steve E.Henderson, NCCPAIndefinite from February 5, 2007 Hazlip, KevinOrange Park, FLEnrolled AgentIndefinite from February 10, 2007 Adelson, Robert A.Newton, MAAttorneyIndefinite from February 15, 2007 Boyer, Daniel D.North Judson, INCPAIndefinite from February 15, 2007 LaRusso, Anthony J.North Caldwell, NJAttorneyIndefinite from February 15, 2007 Martin, Spencer R.Lancaster, PACPAIndefinite from February 15, 2007 Hursh, Stephanie S.Brush Prairie, WAEnrolled AgentIndefinite from February 20, 2007 Guidera, George C.Weston, CTAttorneyIndefinite from February 26, 2007 Ruth, Christopher A.Cypress, CACPAIndefinite from February 27, 2007 Elias, Lenard S.El Cajon, CAEnrolled AgentIndefinite from March 1, 2007 2007–20 I.R.B.1252May 14, 2007 NameAddressDesignationDate of Suspension Ikeji, ChuckOrlando, FLCPAIndefinite from March 1, 2007 Lewis, Craig S.Savannah, GACPAIndefinite from March 1, 2007 Sloan, Eric R.Brighton, MICPAIndefinite from March 1, 2007 Gostomski, MichaelStamford, CTCPAIndefinite from March 5, 2007 Hafer, Charles J.Hamburg, PAEnrolled AgentIndefinite from March 5, 2007 Jones, Phillip G.Andalusia, ALEnrolled AgentIndefinite from March 7, 2007 Agashiwala, Mahesh J.New York, NYCPAIndefinite from March 22, 2007 Berndgen, MichaelPlantation, FLCPAIndefinite from April 1, 2007 Grahn, Charles R.Indianapolis, INAttorneyIndefinite from April 1, 2007 Shaw, G. JoyceHebron, KYEnrolled AgentIndefinite from April 1, 2007 Pikaart, Jr., Edward H.N. Branford, CTCPAIndefinite from April 10, 2007 Kelley, Richard S.Beverly, MAAttorneyIndefinite from May 1, 2007 Crabtree, Michael L.San Dimas, CAEnrolled AgentIndefinite from May 15, 2007 Hausmann, Mark D.Troy, NYAttorneyIndefinite from May 15, 2007 May 14, 200712532007–20 I.R.B. Expedited Suspensions From Practice Before the Internal Revenue Service Under Title 31, Code of Federal Regu- lations, Part 10, the Director, Office of Pro- fessional Responsibility, is authorized to immediately suspend from practice before the Internal RevenueService any practi- tioner who, within five years from the date the expedited proceeding is instituted (1) has had a license to practice as an attor- ney, certified public accountant, or actuary suspended or revoked for cause or (2) has been convicted of certain crimes. The following individuals have been placed under suspension from practice be- fore the Internal Revenue Service by virtue of the expedited proceeding provisions: NameAddressDesignationDate of Suspension Hatchett, William M.Pontiac, MIAttorneyIndefinite from November 13, 2006 Jacobs, Mark L.Jackson Heights, NYAttorneyIndefinite from November 21, 2006 Sylver, Peter T.E. Longmeadow, MAAttorneyIndefinite from November 21, 2006 Portlock, David R.Pensacola, FLEnrolled AgentIndefinite from November 27, 2006 Ascher, Michael P.North Port, FLAttorneyIndefinite from November 28, 2006 Barrett, Norman W.Dover, DECPAIndefinite from November 28, 2006 Burd, GeneHouston, TXAttorneyIndefinite from November 28, 2006 Caceres, Carlos H.Silver Spring, MDAttorneyIndefinite from November 28, 2006 Carrabotta, Peter S.Niles, ILAttorneyIndefinite from November 28, 2006 Davis, Carleton W.St. Louis, MOAttorneyIndefinite from November 28, 2006 Frasier, Roland B.Rancho Santa Fe, CAAttorneyIndefinite from November 28, 2006 Hubbard, EdwardChicago, ILAttorneyIndefinite from November 28, 2006 2007–20 I.R.B.1254May 14, 2007 NameAddressDesignationDate of Suspension Hynes, Richard W.Brookline, MAAttorneyIndefinite from November 28, 2006 Johnson, Barbara C.Andover, MAAttorneyIndefinite from November 28, 2006 Konas, Theodore V.Lancaster, PACPAIndefinite from November 28, 2006 Korson, Daniel M.Muskegon, MICPAIndefinite from November 28, 2006 Lee, III, Norman J.Collegeville, PAAttorneyIndefinite from November 28, 2006 Loiben, Alan A.Skokie, ILAttorneyIndefinite from November 28, 2006 McGarry, Thomas H.Denver, COAttorneyIndefinite from November 28, 2006 Roberts, Quinton D.Elkridge, MDAttorneyIndefinite from November 28, 2006 Schofield, Peter L.Spencer, MAAttorneyIndefinite from November 28, 2006 Shultz, Ryan K.Mitchell, NEAttorneyIndefinite from November 28, 2006 Stenger, Jeanne P.Temecula, CAAttorneyIndefinite from November 28, 2006 Wood, Gary K.Edina, MNAttorneyIndefinite from November 28, 2006 Bakare, Adigun S.Laurel, MDAttorneyIndefinite from December 6, 2006 Biagini, Marc J.Downers Grove, ILAttorneyIndefinite from December 6, 2006 Birchall, Richard G.Brewster, MAAttorneyIndefinite from December 6, 2006 May 14, 200712552007–20 I.R.B. NameAddressDesignationDate of Suspension Brown, Edward E.Indianapolis, INAttorneyIndefinite from December 6, 2006 Cunningham, Jr., Shirley A. Ft. Lauderdale, FLAttorneyIndefinite from December 6, 2006 Docherty, Scott R.Branson West, MOAttorneyIndefinite from December 6, 2006 Dressler, Peter P.West Chicago, ILAttorneyIndefinite from December 6, 2006 Henry, William J.Irvington, NJAttorneyIndefinite from December 6, 2006 Hubbard, Cynthia A.Geneva, ILAttorneyIndefinite from December 6, 2006 Jackson, Jr., Donald H.Hanover, MAAttorneyIndefinite from December 6, 2006 Katz, Norman H.Owings Mills, MDAttorneyIndefinite from December 6, 2006 Lakin, Leonard S.Wellesley Hills, MAAttorneyIndefinite from December 6, 2006 McGreevy, Jacqueline K.Carbondale, COAttorneyIndefinite from December 6, 2006 Zepp, Dale D.Ferguson, MOAttorneyIndefinite from December 6, 2006 Triplett, Austin H.Homewood, ILAttorneyIndefinite from December 11, 2006 Murphy, Patrick W.Honolulu, HIAttorneyIndefinite from December 11, 2006 Cronin, Jr., Edward M.Cambridge, MAAttorneyIndefinite from December 11, 2006 Christof, Kevin F.Santa Monica, CAAttorneyIndefinite from December 21, 2006 Heath, Kenneth J.Canaan, VTCPAIndefinite from December 21, 2006 2007–20 I.R.B.1256May 14, 2007 NameAddressDesignationDate of Suspension Madigan, Brian C.Binghamton, NYAttorneyIndefinite from December 21, 2006 Malloy, Terry P.Tulsa, OKAttorneyIndefinite from December 21, 2006 Baynes, Robert M.Indianapolis, INCPAIndefinite from December 27, 2006 Ceresa, Richard A.Woodbridge, CACPAIndefinite from December 27, 2006 Crews, Richard A.Henderson, COAttorneyIndefinite from December 27, 2006 Menkveld, Paul G.Tucson, AZAttorneyIndefinite from December 27, 2006 Worischeck, Joseph H.Tempe, AZAttorneyIndefinite from December 27, 2006 Brown, Kirk P.Pueblo, COAttorneyIndefinite from December 28, 2006 Dowling, Stanley W.Scotts Valley, CACPAIndefinite from December 28, 2006 Simmons, Henry L.Greensboro, NCCPAIndefinite from December 28, 2006 Steele, Regina D.San Diego, CAAttorneyIndefinite from December 29, 2006 Craig, III, William A.Austin, TXAttorneyIndefinite from January 1, 2007 Acker, Thomas R.Hollis Center, MEAttorneyIndefinite from January 8, 2007 Baxter, Laura M.Monee, ILCPAIndefinite from January 8, 2007 Herald, Sally J.Cold Spring, KYAttorneyIndefinite from January 8, 2007 Klapheke, II, William T.Bowling Green, KYAttorneyIndefinite from January 8, 2007 May 14, 200712572007–20 I.R.B. NameAddressDesignationDate of Suspension McCarthy, Charles C.Encino, CAAttorneyIndefinite from January 8, 2007 Bolling, Darius C.Chicago, ILCPAIndefinite from January 10, 2007 Breitlauch, LindaSaylorsburg, PAAttorneyIndefinite from January 10, 2007 Coddington, Paul F.Concord, NHAttorneyIndefinite from January 10, 2007 Davis, Jr., William E.Pinehurst, TXCPAIndefinite from January 10, 2007 Esola, Louis A.Greensburg, PACPAIndefinite from January 10, 2007 Finch, Judith A.Walnut Creek, CAAttorneyIndefinite from January 10, 2007 Jeing, Thomas C.San Francisco, CAAttorneyIndefinite from January 10, 2007 Ledbetter, Dean D.Pelham, ALCPAIndefinite from January 10, 2007 McDiarmid, Katherine B.Greensboro, NCAttorneyIndefinite from January 10, 2007 Mills, George P.Oceanside, CAAttorneyIndefinite from January 10, 2007 Rather, James L.Irvine, CAAttorneyIndefinite from January 10, 2007 Rivera, Eduardo M.Torrance, CAAttorneyIndefinite from January 10, 2007 Stepovich, Michael A.Fairbanks, AKAttorneyIndefinite from January 10, 2007 Ulbrich, David L.Woodland Hills, CACPAIndefinite from January 10, 2007 Swanson, Todd-EllisGreenville, SCCPAIndefinite from January 20, 2007 2007–20 I.R.B.1258May 14, 2007 NameAddressDesignationDate of Suspension Rubin, Deborah L.Delray Beach, FLAttorneyIndefinite from January 26, 2007 Wood, Brent E.Cary, NCAttorneyIndefinite from January 26, 2007 Currin, Samuel T.Raleigh, NCAttorneyIndefinite from February 7, 2007 Lupo, Robert N.Weston, MAAttorneyIndefinite from February 20, 2007 Taggart, Lawrence W.El Cajon, CAAttorneyIndefinite from March 7, 2007 Fife, III, James H.Schererville, INAttorneyIndefinite from March 8, 2007 Katsis, Kevin G.Riverside, ILAttorneyIndefinite from March 8, 2007 O’Driscoll, Dennis M.Quincy, MAAttorneyIndefinite from March 8, 2007 Siever, Beth F.Austin,TXAttorneyIndefinite from March 8, 2007 Wheatley-Clark, Sheila R.Houston, TXCPAIndefinite from March 8, 2007 Suspensions From Practice Before the Internal Revenue Service After Notice and an Opportunity for a Proceeding Under Title 31, Code of Federal Reg- ulations, Part 10, after notice and an op- portunity for a proceeding before an ad- ministrative law judge, the following indi- viduals have been placed under suspension from practice before the Internal Revenue Service: NameAddressDesignationEffective Date Redmond, DebraGifford, PAEnrolled AgentIndefinite from March 5, 2007 May 14, 200712592007–20 I.R.B. Disbarments From Practice Before the Internal Revenue Service After Notice and an Opportunity for a Proceeding Under Title 31, Code of Federal Regu- lations, Part 10, after notice and an oppor- tunity for a proceeding before an adminis- trative law judge, the following individu- als have been disbarred from practice be- fore the Internal Revenue Service: NameAddressDesignationEffective Date Brookstein, GaryHuntingdonValley, PACPADecember 15, 2006 James T. JubbBaltimore, MDCPADecember 15, 2006 Censure Issued by Consent Under Title 31, Code of Federal Reg- ulations, Part 10, in lieu of a proceeding being instituted or continued, an attorney, certified public accountant, enrolled agent, or enrolled actuary, may offer his or her consent to the issuance of a censure. Cen- sure is a public reprimand. The following individuals have con- sented to the issuance of a Censure: NameAddressDesignationDate of Censure Zucker, Robert W.Boca Raton, FLCPANovember 14, 2006 Montgomery, David E.Pleasanton, CAEnrolled AgentNovember 15, 2006 Higgins, James M.S. Boston, MAAttorneyDecember 1, 2006 Pennington, Debra L.Lees Summit, MOEnrolled AgentJanuary 29, 2007 Goodwin, Steven C.Concord, MAAttorneyFebruary 2, 2007 Francis, Andrew W.E.Houston, TXCPAFebruary 21, 2007 Griffin, Richard M.Duluth, GACPAFebruary 28, 2007 Resignations of Enrolled Agents Under Title 31, Code of Federal Regu- lations, Part 10, an enrolled agent, in or- der to avoid the institution or conclusion of a proceeding for his or her disbarment or suspension from practice before the In- ternal Revenue Service, may offer his or her resignation as an enrolled agent. The Director, Office of Professional Responsi- bility, in his discretion, may accept the of- fered resignation. The Director, Office of Professional Responsibility, has accepted offers of res- ignation as an enrolled agent from the following individuals: NameAddressDate of Resignation Filipski, Kenneth M.Bakersfield, CAApril 16, 2007 List of Nonbank Trustees and Custodians Announcement 2007–47 The following is a list of entities that have been approved by the Commissioner of the Internal Revenue Service, pursuant to § 1.408–2(e) of the Income Tax Regu- lations, to serve as a nonbank trustee or custodian. This list updates and super- sedes the list published with Announce- ment 2006–45, 2006–31 I.R.B. 121. Archer medical savings accounts (Archer MSAs) established under § 220 of the Internal Revenue Code, health savings accounts described in § 223, custodial accounts of retirement plans qualified un- der § 401, custodial accounts described in § 403(b)(7), trust or custodial accounts of individual retirement accounts (IRAs) established under §§ 408 and 408A (Roth IRAs), Coverdell education savings ac- counts described in § 530, and custodial accounts of eligible deferred compensa- 2007–20 I.R.B.1260May 14, 2007 tion plans described in § 457(b) will not be tax exempt if the trustee or custodian of such accounts is not a bank (as defined in § 408(n)) (and in the case of Archer MSAs and health savings accounts, a bank within the meaning of § 408(n) or an insurance company within the meaning of § 816) or an approved nonbank trustee or custodian. An entity that is not a bank (as defined in § 408(n)) (and in the case of Archer MSAs and health savings accounts a bank within the meaning of § 408(n) or an in- surance company within the meaning of § 816) must receive approval from the Service to serve as a nonbank trustee or nonbank custodian. A prospective non- bank trustee or custodian must file a writ- ten application with the Commissioner of Internal Revenue demonstrating that the requirements of § 1.408–2(e)(2) through § 1.408–2(e)(7) of the regulations will be met. If the application is approved, a writ- ten notice of approval will be issued to the applicant. The notice of approval will state the day on which it becomes effective, and (except as otherwise provided therein) will remain effective until revoked by the Ser- vice or withdrawn by the applicant. Enti- ties that have received such approval from the Service may also sponsor certain re- tirement plans, custodial accounts under § 403(b)(7) and individual retirement ar- rangements established under §§ 408 and 408A. (See, Rev. Proc. 2005–16, 2005–1 C.B. 674, and Rev. Proc. 87–50, 1987–2 C.B. 647, as modified.) A prospective nonbank trustee or custo- dian may not accept any fiduciary account before such notice of approval becomes ef- fective. In addition, a nonbank trustee or custodian may not accept a fiduciary ac- count until after the plan administrator or the person for whose benefit the account is to be established is furnished with a copy of the written notice of approval issued to the applicant. The continued reliance on a notice of approval is dependent upon the continued satisfaction of the nonbank trustee require- ments set forth in the regulations. The notice of approval issued to an applicant will be revoked if the Commissioner de- termines that the applicant is unwilling or unable to administer fiduciary accounts in a manner consistent with the requirements of the regulations. Generally, the notice will not be revoked unless the Commis- sioner determines that the applicant has knowingly, willfully, or repeatedly failed to administer fiduciary accounts in a man- ner consistent with the requirements of the regulations, or has administered a fidu- ciary account in a grossly negligent man- ner. The written notice of approval to serve as a nonbank trustee or nonbank custodian is not an endorsement of any investment made with respect to any retirement plan or arrangement handled by the approved nonbank trustee or custodian. The Inter- nal Revenue Service does not review or ap- prove investments. If the trustee or custodian of an account described above is not a bank (and in the case of Archer MSAs and health savings accounts, a bank or an insurance company) or an approved nonbank trustee or non- bank custodian, the amounts held in such account (including earned interest) will be deemed distributed and includible in gross income in the year(s) the account’s trustee or custodian was not a bank or, if appli- cable, an insurance company, or an ap- proved nonbank trustee or nonbank custo- dian. Contributions made to such account are not deductible from gross income and will be disallowed if claimed on an income tax return. This list of approved nonbank trustees and nonbank custodians includes their names, addresses, and the date each appli- cation was approved. If an approved nonbank trustee or cus- todian believes that the information about it is incorrect, incomplete, or that it has been incorrectly omitted from this list, it may, on or before August 13, 2007, no- tify the Service in writing of any changes it proposes to the list. This notification should include a copy of the notice of ap- proval. The notification should be addressed to: Internal Revenue Service SE:T:EP:RA:T1 Announcement 2007–47 1111 Constitution Ave., NW — PE Washington, DC 20224 Drafting Information The principal author of this announce- ment is Calvin Thompson of the Em- ployee Plans, Tax Exempt and Govern- ment Entities Division. Please contact Mr. Thompson at 202–283–9596 (not a toll-free number), if there are any ques- tions regarding the publication of this list. Written inquiriesconcerning this an- nouncement should be addressed to the Internal Revenue Service at the above ad- dress. APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 1. A.B. Culbertson & Co.1250 Continental Plaza Fort Worth, TX 76102 5/15/1984 2. A.G. Becker & Co.Chicago, IL12/12/1979 3. A.G. Edwards & Sons, Inc.One North Jefferson St. Louis, MO 63103 11/26/1980 4. ABN AMRO Securities LLC55 East 52nd Street New York, NY 10022 9/7/2000 5. Adler, Coleman Clearing Corp.20 Broad St. New York, NY 10005 4/7/1987 May 14, 200712612007–20 I.R.B. APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 6. Advest, Inc.280 Trumbull Street Hartford, CT 06103 1/24/1989 7. Aisel & Co.20 Broad Street New York, NY 10005 4/26/1991 8. American Brokerage Services, Inc.131 Lafayette Ave. Detroit, MI 48226 9/18/1991 9. American Capital Marketing, Inc. (FKA American General Capital) 2777 Allen Parkway Houston, TX 77215 6/25/1984 10. American Express FinancialCorp.200 AXP Financial Center Minneapolis, MN 55474 8/12/1977 11. American Heritage Life Ins. Co.76 South Laura Street Jacksonville, FL 32202 12/11/1984 12. American Transtech, Inc.8000 Baymeadows Way Jacksonville, FL 32256 8/15/1990 13. Ameritrade, Inc.4211 South 102nd Street Omaha, NE 68127–1031 4/18/1984 14. Analytic Investment Management, Inc.2222 Martin Street, Suite 230 Irvine, CA 92715–1454 5/9/1989 15. Aspen Partnership1895 Claremont Road Hoffman Estates, IL 60195 10/25/1990 16. B.C. Ziegler & Co.215 North Main Street West Bend, WI 53095 9/27/1985 17. Banc of America Securities LLC100 North Tryon Street NC 1–007–20–01 Charlotte, NC 28255 4/30/2003 18. Banc One Capital CorporationP.O. Box 18277 90NorthHighStreet Columbus, OH 43218 2/24/1992 19. Bank Hapoulim B.M.6501 Wilshire Blvd. Los Angeles, CA 90048 5/15/1986 20. Bank Julius Baer & Co., LTD330 Madison Avenue New York, NY 10017 12/15/1988 21. Bank Leumi Le — Israel B.N. Western Hemisphere Regional Mgt. 242 Fifth Avenue New York, NY 10022 2/10/1982 22. Bartlett & Co.36 East Fourth Street Cincinnati, OH 45202 2/1/1989 23. Bear, Stearns & Co., Inc.5 Hanover Square New York, NY 10004 6/2/1986 24. Bear, Sterns Securities Corp.2 Broadway, 12th Floor New York, NY 10004 6/24/1991 25. Berklee College of Music, Inc.1140 Boylston Street Boston, MA 02110 5/9/1989 26. Bernard L. Madoff Investment Securities LLC 885 Third Avenue New York, NY 10022 7/7/2004 27. BISYS Fund Services, Inc.3425 Stelzer Rd. Columbus, OH 43219 12/31/2003 2007–20 I.R.B.1262May 14, 2007 APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 28. Blunt Ellis & Loewi, Inc.225 East Mason Street Milwaukee, WI 53202 1/25/1982 29. BNY Clearing Services, LLC (FKA Kemper Clearing Corporation) 111 East Kilbourn Ave. Milwaukee, WI 53202 8/21/1989 30. Boettcher & Company, Inc.828 Seventeenth Street Denver, CO 80201 8/10/1987 31. Brown & Company Securities Corporation20 Winthrop Square Boston, MA 02110 2/27/1985 32. Bruns, Nordeman, Rea & Co.New York, NY10/31/1977 33. Burke, Christensen & Lewis Securities, Inc.120 S. La Salle Street Suite 940 Chicago, IL 60603 3/11/1986 34. Burton J. Vincent, Chesley & Co.105 West Adams Street Chicago, IL 60603 3/25/1982 35. Butler Wick & Co., Inc.City Center One Bldg. Youngstown, OH 44501 10/8/1992 36. BUYandHold Securities Corporation110 Wall Street New York, NY 10005 10/5/2000 37. Carolina Securities Corp.239 Fayetteville St. Mall Raleigh, NC 27602 8/29/1983 38. Chapin, Davis & Company, Inc.3 Village Square, Cross Keys Baltimore, MD 21210 12/7/1983 39. Charles Schwab & Co., Inc.101 Montgomery Street San Francisco, CA 94104 1/8/1982 40. Christian & Missionary AllianceP.O. Box C Nyack, NY 10960 8/15/1985 41. CIBC World Markets Corporation200 Liberty Street New York, NY 10281 7/26/1977 42. Citigroup Global Markets, Inc.388 Greenwich St. New York, NY 10105 7/22/1985 43. City Securities Corp.135 North Pennsylvania Street Indianapolis, IN 46204 12/21/1982 44. Commerce First ThriftMidvale, UT 840475/25/1978 45. Commonwealth of Kentucky105 Sea Hero Road, Suite 1 Frankfort, KY 40601–8862 6/5/2006 46. Comprehensive Investment Services, Inc.One Moody Plaza Galveston, TX 77550 6/16/2000 47. Continental Trust Co.17110 Dallas Parkway Suite 200 Dallas, TX 75248 2/22/1977 48. Croatian Fraternal Union Of America100 Delaney Drive Pittsburgh, PA 15235 10/12/2006 49. D. A. Davidson & Co.Davidson Building 8 Third Street North Great Falls, MT 59403 6/11/1982 May 14, 200712632007–20 I.R.B. APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 50. D.J. St. Germain, Inc.1500 Main Street Springfield, MA 01115 1/1/1977 51. Davenport & Co. of Virginia, Inc.901 E. Cary Street Richmond, VA 23219 2/2/1987 52. Davenport & Company LLC901 East Cary Street Richmond, VA 23219 3/31/1997 53. Deutsche Bank Securities Corp. d.b.a. C.J. Lawrence Deutsche 1290 Avenue of the Americas New York, NY 10104 3/14/1980 54. Deutsche Bank Securities, Inc.1 South Street Baltimore, MD 21203 4/11/1994 55. Dougherty, Dawkins, Strand & Yost, Inc.100 South Fifth Street Suite 2300 Minneapolis, MN 55402 2/22/1986 56. Dresdner Kleinwort Wasserstein Securities LLC 75 Wall Street New York, NY 10005 10/9/2002 57. Dreyfus Investment ServicesCorp.TwoMellonBankCenter Pittsburgh, PA 15259 5/18/1989 58. Duncan-Williams, Inc.5860 Ridgeway Center Parkway Memphis, TN 38120 12/13/1995 59. E*Trade Clearing LLC10951 White Rock Road Rancho Cordova, CA 95670 9/3/2002 60. E*Trade Securities LLC4500 Bohannon Drive Menlo Park, CA 94025 8/30/2002 61. E*Trade Securities, Inc.480 California Avenue Palo Alto, CA 94306 2/1/1996 62. Eads Generoe TrustSt. Louis, MO2/3/1977 63. Edward D. Jones & Co.201 Progress Parkway Maryland Height, MO 63043 5/30/1985 64. El Paso Electric Co.P.O. Box 982 El Paso, TX 79960 6/15/1983 65. Elan Investment Services, Inc.777 East Wisconsin Avenue Milwaukee, WI 53282 12/21/1987 66. Emmett A. Larkin Co., Inc.100 Bush Street San Francisco, CA 94104 4/17/1986 67. Eppler, Guerin & Turner, Inc.2001 Bryan Tower, Suite 2300 Dallas, TX 75201 9/6/1984 68. EVEREN Securities, Inc.77 West Wacker Drive Chicago, IL 60601–1694 11/19/1998 69. Fahnestock & Co., Inc. (FKA Edward A. Viner & Co.) 110 Wall Street New York, NY 10005 4/15/1982 70. Fechtor, Detwiler & Co., Inc.155 Federal Street Boston, MA 02110 3/26/1982 71. Ferris, Baker Watts, Inc. (FKA Ferris & Company) 1720 Eye Street, NW Washington, DC 20006 12/4/1987 2007–20 I.R.B.1264May 14, 2007 APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 72. Fiduciary Services Corporation310 Commercial Drive Savannah, GA 31406 10/2/2003 73. Financial Data Services, Inc.400 Atrium Drive Somerset, NJ 08873 11/14/1990 74. First Albany Corp.41 State Street Albany, NY 12207 9/26/1979 75. First Clearing Corporation10700 Wheat First Drive Glen Allen, VA 23060 4/21/1999 76. First Clearing, LLC (FKA First Clearing Corporation) 10700 Wheat First Drive Glen Allen, VA 23060 5/30/2003 77. First Illinois Capital Corp.424 7th Street Plaza 7 Rockford, IL 61110 5/27/1982 78. First Manhattan Co.437 Madison Avenue New York, NY 10022 1/26/1990 79. First of Michigan Corporation100 Renaissance Center 26th Floor Detroit, MI 48243 8/31/1994 80. Fiserv Securities, Inc.One Commerce Square 2005 Market Street Philadelphia, PA 19103 11/15/1984 81. Fleet Clearing Corporation67 Wall Street New York, NY 10005 12/3/1986 82. Fleet Norstar Securities, Inc.14 Wall Street New York, NY 10005 8/30/1991 83. Fleet Securities, Inc.26 Broadway New York, NY 10004 5/3/1983 84. Folger, Nolan, Fleming & Douglass725 15th Street, N.W. Washington, DC 20015 9/16/1981 85. Freedom Capital Management CorporationOne Beacon Street Boston, MA 02108 8/29/1991 86. Freeman Welwood & Co., Inc.1501 Fourth Avenue Suite 1700 Seattle, WA 98101 2/13/1996 87. General Conference of the Mennonite Brethren Churches, Board of Trustees 315 South Lincoln Hillsboro, KS 67063 3/8/1983 88. Goldman, Sachs & Co.85 Broad Street New York, NY 10004 12/8/1982 89. Greater Beneficial Union of Pittsburgh4254 Clairton Blvd. Pittsburgh, PA 15227–3394 9/24/2004 90. Greek Catholic Union of the U.S.A.5400 Tuscarawas Rd. Beaver, PA 15009–9513 5/24/2000 91. Gruntal & Co., Inc.14 Wall Street New York, NY 10005 6/13/1984 92. GuideStone Financial Services2401 Cedar Springs Road Dallas, TX 75201–1498 4/10/2001 May 14, 200712652007–20 I.R.B. APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 93. H&R Block Financial Advisors, Inc.735 Griswold Street Detroit, MI 48226 12/8/1983 94. H.G. Wellington & Co., Inc.14 Wall Street New York, NY 10005 9/13/1993 95. H.M. Payson & Co.One Portland Square P.O. Box 31 Portland, ME 04112 8/20/1987 96. Halpert and Company, Inc.284 Millburn Avenue Millburn, NJ 07041 4/17/1996 97. Hamilton Investments, Inc. (FKA Illinois Company, Inc.) 30 North La Salle Street Chicago, IL 60602 8/6/1982 98. Hampshire Funding, Inc.One Granite Place P.O. Box 2005 Concord, NH 03301 5/26/1988 99. Hanifen, Imhoff Clearing Corp.1125 17th Street Denver, CO 80217 4/22/1997 100. Hanifen, Imhoff, Inc.1125 17th Street, Suite 1700 Denver, CO 80202 12/3/1985 101. Harrisdirect, LLCHarborside Financial Center 501 Plaza II Jersey City, NJ 07311 5/1/2002 102. Hartford Life Insurance Co.Hartford Plaza Hartford, CT 06106 3/3/1982 103. Hartford Securities Distribution Company200 Hopmeadow Street Simsbury, CT 06089 3/9/2006 104. Hazlett, Burt & Watson,Inc.1300 Chapline Street Wheeling, WV 26003 4/11/1995 105. HealthEquity, Inc.5151 East Broadway Boulevard Suite 510 Tucson, AZ 85711 2/27/2006 106. Heartland Securities, Inc.208 South LaSalle Street Chicago, IL 60604 3/6/1984 107. Henry Scott, Inc.Philadelphia, PA3/23/1982 108. Herzfeld & Stern, Inc.30 Broad Street New York, NY 10004 12/12/1984 109. Herzog, Heine, Geduld, Inc.26 Broadway New York, NY 10004 2/11/1982 110. Holt & Collins188 Embarcadero Suite 760 San Francisco, CA 94105 9/8/1988 111. Home Life Financial Assurance Corporation2400 West Bay Drive Largo, FL 33540 11/13/1986 112. Howard,Weil,Labouisse,Friedrichs, Inc.1100 Paydrus Street Suite 900 New Orleans, LA 70163 12/28/1987 2007–20 I.R.B.1266May 14, 2007 APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 113. Huntleigh Securities Corporation222 South Central Avenue St. Louis, MO 63102 10/22/1997 114. I.M. Simon & Co.7730 Forsyth Blvd. Clayton, MO 63105 11/3/1981 115. iClearing, LLC100 Wood Avenue South Iselin, NJ 08830 2/7/2001 116. Integrated Fund Services, Inc.221 East Fourth Street Suite 300 Cincinnati, OH 45202 5/15/2003 117. Investment Advisers, Inc.1100 Dain Tower Minneapolis, MN 55440 10/9/1981 118. ISDA Fraternal Association419 Wood Street Pittsburgh, PA 15222 10/28/2004 119. Isler, Colling & McAdamsPortland, OR10/5/1978 120. J.C. Bradford & Co.330 Commerce Street Nashville, TN 37201 2/28/1982 121. J.J.B. Hilliard, W.L. Lyons, Inc.Hilliard Lyons Center 501 South Fourth St. Louisville, KY 40202 2/11/1992 122. Jacob Engle Foundation, Inc. (The)P.O. Box 1136 Upland, CA 91786 3/25/1983 123. Janney Montgomery Scott, Inc.1801 Market Street Philadelphia, PA 19103 3/23/1982 124. Jefferson Pilot Investor Services, Inc.100 North Greene Street Greensboro, NC 27401 10/22/1979 125. Jesup, Josephthal & Co., Inc.One Whitehall Street New York, NY 10004 12/18/1990 126. John Hancock Clearing Corporation200 Liberty Street New York, NY 10281 3/21/1991 127. John Hancock Mutual Life Insurance Company John Hancock Place 200 Clarendon Street Boston, MA 02117 8/24/1993 128. Juran & Moody, Inc.Minnesota Mutual Life Center 400 North Robert Street Suite 800 Saint Paul, MN 55101 5/27/1994 129. Kagin Numismatic Services, Ltd.1000 Insurance Exchange Bldg. Des Moines, IA 50309 3/18/1980 130. KH Funding Company10801 Lockwood Drive Suite 370 Silver Spring, MD 20901 2/13/2002 131. Kirkpatrick, Pettis, Smith, Polian, Inc.1623 Farnam Street Suite 700 Omaha, NE 68102 8/18/1981 132. L.F. Rothchild, Unterberg, Towbin55 Water Street New York, NY 10041 12/23/1985 May 14, 200712672007–20 I.R.B. APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 133. Legg Mason Wood Walker, Inc.111 S. Calvert Street P.O. Box 1476 Baltimore, MD 21203 6/4/1985 134. Lehman Brothers, Inc.200 Vesey Street New York, NY 10285 12/20/2000 135. Lester Sumrall Evangelistic Association, Inc.530 East Ireland Road South Bend, IN 46614 9/2/1988 136. Liberty Life Insurance Co.P.O. Box 789 Greenville, SC 29602 9/3/1982 137. Manley, Bennett, McDonald & Co.St. Louis, MO1/1/1977 138. McDonald & Company Securities, Inc.580 Walnut Street Cincinnati, OH 45202 12/15/1983 139. MEGA Life and Health Insurance Company501 West Interstate 44 Service Road Oklahoma City, OK 73118 5/29/1991 140. Menold, Crawford, Hippler & Co.23930 Michigan Ave. Dearborn, MI 40126 12/9/1988 141. Merrill, Lynch, Pierce, Fenner & Smith, Inc.1700 Merrill Lynch Drive MSC 0703 Pennington, NJ 08534 8/3/1987 142. Merrimack Valley Investment, Inc.367 Kingsbury Ave. Haverhill, MA 01830 9/28/1984 143. Mesirow Financial, Inc.350 N. Clark Street Chicago, IL 60610 5/28/1982 144. Metropolitan Life Insurance Co.One Madison Avenue New York, NY 10010 1/28/1987 145. Metropolitan Mortgage & Securities Corporation W. 292 Sprague Ave. Spokane, WA 99204 11/10/1976 146. Mid-Ohio Securities Corp.225 Burns Road Elyria, OH 44036 1/28/1983 147. Mid-States Enterprises, Inc.Carroll, IA12/30/1976 148. Miller Johnson & Kuehn, Inc.5500 Wayzata Blvd. Minneapolis, MN 55416 11/15/2000 149. Milwaukee Company (The)250 East Wisconsin Avenue Milwaukee, WI 53202 9/15/1986 150. MKI Securities Corp.61 Broadway New York, NY 10006 4/17/1985 151. Money Management Associates4922 Fairmont Avenue Bethesda, MD 20814 5/26/1987 152. Moody Bible Institute of Chicago820 N. La Salle Boulevard Chicago, IL 60610–3284 4/25/2003 153. Moore & Schley, Cameron & Co.Two Broadway New York, NY 10004 11/15/1977 2007–20 I.R.B.1268May 14, 2007 APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 154. Morgan Keegan & Company, Inc.Morgan Keegan Tower Fifty Front Street Memphis, TN 38108 1/27/1982 155. Morgan Stanley & Co. Incorporated1585 Broadway New York, NY 10036 3/22/2004 156. Morgan Stanley DW Inc.1585 Broadway New York, NY 10036 5/29/1986 157. Mortgage Loan Services, Inc.780 Lynnhaven Parkway Suite 200 Virginia Beach, VA 23452 3/15/1995 158. Moseley, Hallgarten, Estabrook & Weeden, Inc. One New York Plaza New York, NY 10004 12/10/1985 159. Murphy Favre, Inc.W. 601 Riverside 9th Floor Spokane, WA 99201 8/2/1976 160. Mutual Service CooperativeTwo Pine Tree Drive Arden Hills, MN 55112 6/6/1996 161. Myriad Corporation1400 50th Street West Des Moines, IA 50265 7/20/1977 162. National Bank of Greece, S.A.33 State Street Boston, MA 02109 2/4/1988 163. National Covenant Properties5701 N. Francisco Dr. Chicago, IL 60625 6/30/1978 164. National Investor Services Corp.44 Wall Street New York, NY 10005 3/18/1996 165. National Slovak Society of the U.S.A.351 Valley Brook Road McMurray, PA 15317–3337 10/28/2004 166. Nationwide Advisory Services, Inc. (Nationwide Financial Services, Inc.) One Nationwide Plaza Columbus, OH 43216 9/25/1985 167. Nationwide Credit UnionOne Nationwide Plaza Columbus, OH 43216 4/13/1978 168. NBC Securities, Inc.1927 First Avenue North Birmingham, AL 35203 7/16/1996 169. Neuberger & Berman522 Fifth Ave. New York, NY 10036 10/4/1983 170. Newhard, Cook & Co.300 North Broadway St. Louis, MO 63102 6/4/1985 171. Oberweis Securities, Inc.841 North Lake Street Aurora, IL 60506 2/11/1985 172. Parker/Hunter, Inc.600 Grant Street Pittsburgh, PA 15219 6/15/1990 173. Partnership Services, Inc.5520 LBJ Freeway Suite 430 Dallas, TX 75240 3/31/1993 174. Peninsular Securities Co.Waters Building Grand Rapids, MI 49503 1/28/1985 May 14, 200712692007–20 I.R.B. APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 175. Penson Financial Services, Inc.1700 Pacific Avenue Suite 1400 Dallas, TX 75201 6/9/2005 176. Perelman-Carley & Associates, Inc.Twin Towers 3000 Farnam Street Omaha, NE 68131 1/13/1989 177. Perkins Coie LLP1201 Third Avenue Suite 4800 Seattle, WA 98101–3099 8/2/2004 178. Pershing LLCOne Pershing Plaza Jersey City, NJ 07399 12/4/1985 179. Pflueger & Baerwald, Inc.Mills Building 220 Montgomery Street Room 1000 San Francisco, CA 94104 11/9/1981 180. PFS Investments, Inc.3120 Breckenridge Boulevard Duluth, GA 30199 9/28/1995 181. Pioneer Financial Services, Inc.4233 Roanoke Road Kansas City, MO 64111 1/25/1985 182. Pioneer Investment Management USA60 State Street Boston, MA 02109 2/21/1986 183. Piper Jaffray & Co.Piper Jaffray Center 800 Nicollet Mall Minneapolis, MN 55402–7020 4/21/1982 184. Polish Falcons of America615 Iron City Drive Pittsburgh, PA 15205–4397 11/3/2004 185. Prescott, Ball & Turben, Inc.1331 Euclid Ave. Cleveland, OH 44115 1/27/1983 186. PrimeVest Financial Services, Inc.400 First Street South St. Cloud, MN 56301–3600 12/8/1993 187. Principal Life Insurance Company711 High Street Des Moines, IA 50392–0001 7/27/1988 188. PWMCO, LLC310 South Michigan Avenue Chicago, IL 60604 1/6/2005 189. R. Rowland & Co., Inc.St. Louis, MO3/29/1984 190. R.G. Dickinson & Co.200 Des Moines Building 405 6th Ave. Des Moines, IA 50309 7/20/1983 191. R.J. Steichen & CompanyMidwest Plaza, Suite 100 801 Nicolett Mall Minneapolis, MN 55402–2526 5/21/1993 192. Raymond James & Associates, Inc.880 Carillon Parkway P.O. Box 12749 St. Petersburg, FL 33733–2749 4/26/1982 193. Raymond James & Associates, Inc.880 Carillon Parkway P.O. Box 12749 St. Petersburg, FL 33733–2749 3/8/1982 2007–20 I.R.B.1270May 14, 2007 APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 194. RBC Dain Rauscher, Inc.Dain Rauscher Plaza 60 South Sixth Street Minneapolis, MN 55402–4422 3/2/1998 195. RBC Dain Rauscher, Inc.Dain Rauscher Plaza 60 South Sixth Street Minneapolis, MN 55402–4422 1/22/1982 196. Regan MacKenzie, Incorporated999 Third Avenue Suite 4300 Seattle, WA 98104 8/31/1989 197. Regions Investment Company, Inc.2011 Fourth Avenue North Birmingham, AL 35203 7/20/2000 198. Reserve Management Company, Inc.810 Seventh Avenue New York, NY 10019 10/18/1989 199. Robert W. Baird & Co., Inc.777 East Wisconsin Avenue Milwaukee, WI 53202 6/10/2004 200. Robert W. Baird & Co., Inc.777 E. Wisconsin Avenue Milwaukee, WI 53202 7/31/1986 201. Robinson-Humphrey Co., Inc. (The)Two Peachtree Street, N.W. Atlanta, GA 30383 5/24/1982 202. Romano Bros. & Co.820 Davis Street Evanston, IL 60201 9/28/1984 203. Rose & Company Investment Brokers, Inc.141 West Jackson Blvd. Chicago, IL 60604 4/14/1982 204. Rotan Mosle, Inc.1500 S. Tower Pennzoil Place P.O. Box 3226 Houston, TX 77001 5/6/1980 205. Rushmore Investment Brokers, Inc.4922 Fairmont Avenue Bethesda, MD 20814 9/24/1986 206. Sanford C. Bernstein & Co., Inc.767 Fifth Avenue New York, NY 10153 11/13/1986 207. Santa Ana City Employees Credit Union800 West Santa Ana Blvd. Santa Ana, CA 92701 3/25/1982 208. Saturna Capital Corporation101 Prospect Street Bellingham, WA 98227–2838 3/28/1991 209. SBCI Swiss Bank Corporation Investment Banking, Inc. 222 Broadway, 4th Floor New York, NY 10038 2/11/1992 210. SBM Financial Services, Inc.8400 Normandale Lake Blvd. Suite 1150 Minneapolis, MN 55437 5/13/1995 211. Scott & Stringfellow, Inc. (FKA Craige, Inc.) 823 E. Main Street Richmond, VA 23219 5/5/1999 212. Scottsdale Securities, Inc.12855 Flushing Meadow St. Louis, MO 63131 10/9/1996 213. Securities America, Inc.7100 West Center Road Suite 500 Omaha, NE 68106–2798 9/21/2006 May 14, 200712712007–20 I.R.B. APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 214. Securities Management Research, Inc.Two Moody Plaza Galveston, TX 77550 6/22/1978 215. Security Management Company, LLC (Formerly, Security Management Co.) 700 SW Harrison Street Topeka, KS 66636–0001 8/14/1996 216. SG Cowen Securities Corporation1221 Avenue of the Americas New York, NY 10020 6/30/1998 217. ShareBuilder Securities Corporation1000 124th Avenue, NE Bellevue, WA 98005 4/15/2003 218. SMA Services, Inc.35 Lakeshore Drive Birmingham, AL 35209 8/27/1998 219. Smith, Moore & Co.400 Locust Street St. Louis, MO 63102 1/18/1983 220. Southwest Securities, Inc.Renaissance Tower 1201 Elm Street Suite 4300 Dallas, TX 75270 12/9/1992 221. Spear Rees & Co.505 North Brand Boulevard Sixteenth Floor Glendale, CA 91203 1/13/1988 222. Spear, Leeds & Kellog120 Broadway New York, NY 10271 3/29/1996 223. State Bond and Mortgage Company8500 Normandale Lake Boulevard Minneapolis, MN 55437 12/21/1990 224. State Employees Credit Union801 Hillsborough Street P.O. Box 26807 Raleigh, NC 27611–6807 1/1/1977 225. State Farm Investment Management Corporation One State Farm Plaza Bloomington, IL 61410 9/22/1999 226. Stephens, Inc.111 Center Street Little Rock, AR 72201 12/4/1987 227. Stern Brothers & Co.1100 Main Street, Suite 2200 Kansas City, MO 64199 12/15/1987 228. Sterne, Agee & Leach, Inc.1500 Am South-Sonat Tower Birmingham, AL 35203 9/11/1981 229. Stifel, Nicolaus & Co., Inc.500 North Broadway St. Louis, MO 63102 9/9/1981 230. Summit Discount Brokerage (FKA Lehigh Securities Corp.) 1457 MacArthur Road Lehigh Valley, PA 18002 4/4/1990 231. Sunpoint Securities, Inc.911 W. Loop 281 Longview, TX 75604 4/1/1998 232. SunTrust Capital Markets, Inc.3333 Peachtree Road, NE Atlanta, GA 30326 5/27/1982 233. Sutro & Company, Inc.201 California Street San Francisco, CA 94111–5096 12/8/1988 234. Swiss American Securities, Inc.100 Wall Street New York, NY 10005 12/2/1980 2007–20 I.R.B.1272May 14, 2007 APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 235. Texas First Securities Corporation1360 Post Oak Blvd. Suite 120 Houston, TX 77056 11/17/1988 236. TIAA-CREF Individual & Institutional Services, Inc. 730 Third Avenue New York, NY 10017 9/9/2002 237. Tucker Anthony, IncorporatedOne Beacon Street Boston, MA 02108 10/23/1980 238. UBS Financial Services, Inc. (FKA UBS Paine Webber, Inc.) 1285 Avenue of the Americas New York, NY 10019 5/12/1989 239. UBS Financial Services, Inc. (FKA UBS Paine Webber, Inc.) 1285 Avenue of the Americas New York, NY 10019 8/26/2004 240. Ukrainian National Association2200 Route 10 Parsippany, NJ 07054 9/24/2004 241. Unified Financial Securities, Inc.429 North Pennsylvania Indianapolis, IN 46204 10/28/1976 242. United of Omaha Life Insurance Co.Mutual of Omaha Plaza Omaha, NE 68175 3/16/1982 243. Variable Annuity Life Insurance Company2929 Allen Parkway Houston, TX 77019 3/16/2006 244. W.H. Reaves & Co., Inc.30 Montgomery Street Jersey City, NJ 07302 12/7/1990 245. W.H. Turlington & Co.509 East Center Street Lexington, NC 27292 11/3/1980 246. Wachovia Securities, Inc.201 North Tryon Street Charlotte, NC 28202 4/6/1990 247. Wachovia Securities, LLC901 East Byrd Street Richmond, VA 23219 7/1/2003 248. Wayne Hummer & Co.300 South Wacker Drive Chicago, IL 60606 1/25/1983 249. Web Street Securities, Inc.222 South Riverside Plaza 11th Floor Chicago, IL 60601 4/27/2000 250. Wedbush Morgan Securities1000 Wilshire Boulevard Los Angeles, CA 90030 12/24/1984 251. Weiss, Peck & GreerOne New York Plaza New York, NY 10004 6/16/1982 252. Wells Advisors, Inc.3885 Holcomb Bridge Road Norcross, GA 30092 3/20/1992 253. Wexford LLC Corporation1 New York Plaza, 11th Floor New York, NY 10292 6/30/1998 May 14, 200712732007–20 I.R.B. APPROVED Nonbank Trustees/Custodians as of December 31, 2006 NameAddressApproval Date 254. Wheat, First Securities, Inc.707 East Main Street P.O. Box 1357 Richmond, VA 23211 3/23/1983 255. William R. Hough & Co., Inc.100 2nd Avenue South Suite 800 St. Petersburg, FL 33701 4/18/1995 Corporate Reorganizations; Additional Guidance on Distributions Under Sections 368(a)(1)(D) and 354(b)(1)(B); Correction Announcement 2007–48 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. SUMMARY: This document contains a correction to temporary regulations (T.D. 9313, 2007–13 I.R.B. 805) that were pub- lished in theFederal Registeron Thurs- day, March 1, 2007 (72 FR 9262) provid- ing guidance regarding the qualification of certain transactions as reorganizations describedinsection368(a)(1)(D) where no stock and/or securities of the acquiring corporation are issued and distributed in the transaction. DATES: This correcting amendment is ef- fective April 13, 2007. FOR FURTHER INFORMATION CONTACT: Bruce A. Decker at (202) 622–7550 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The temporary regulations that are the subject of this correction are under section 368 of the Internal Revenue Code. Need for Correction As published, temporary regulations (T.D. 9313) contain an error that may prove to be misleading and is in need of clarification. ***** Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following amendment: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read, in part, as follows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.368–2T is amended by revising paragraph (l)(2)(iv) to read as follows: §1.368–2T Definition of terms (temporary). ***** (l) * * * (2) * * * (iv)Exception. This paragraph (l)(2) does not apply to a transaction otherwise described in section 1.358–6(b)(2) or sec- tion 368(a)(1)(G) by reason of section 368(a)(2)(D). ***** LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). (Filed by the Office of the Federal Register on April 12, 2007, 8:45 a.m., and published in the issue of the Federal Register for April 13, 2007, 72 F.R. 18575) 2007–20 I.R.B.1274May 14, 2007 Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the ef- fect: Amplifieddescribes a situation where no change is being made in a prior pub- lished position, but the prior position is be- ingextendedtoapplytoavariationofthe fact situation set forth therein. Thus, if an earlier ruling held that a principle ap- plied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare withmodi- fied,below). Clarifiedis used in those instances where the language in a prior ruling is be- ing made clear because the language has caused, or may cause, some confusion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously pub- lished ruling and points out an essential difference between them. Modifiedis used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare withamplifiedandclarified, above). Obsoleteddescribes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rul- ings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revokeddescribes situations where the position in the previously published ruling is not correct and the correct position is beingstatedinanewruling. Supersededdescribes a situation where the new ruling does nothing more than re- state the substance and situation of a previ- ously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same po- sition published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single rul- ing a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new rul- ing does more than restate the substance of a prior ruling, a combination of terms is used. For example,modifiedandsu- persededdescribes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously pub- lished ruling is first modified and then, as modified, is superseded. Supplementedis used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original rul- ing has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the ad- ditions, and supersedes all prior rulings in the series. Suspendedis used in rare situations to show that the previous published rul- ings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The fol lowing abbreviations in current use and for merly used will appear in material publis hedintheBulletin. A—Individual. Acq.—A cquiescence. B—Individual. BE—Beneficiary. BK—Bank . B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cu mulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Coo perative. Ct.D.—Court Decision. CY—County. D—Decede nt. DC—Dummy Corporation. DE—Donee. Del. Order —Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Emp loyer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduc iary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Fo reign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Fed eral Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grante e. GP—General Partner. GR—Grantor. IC—Insura nce Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—No nacquiescence. O—Organization. P—Parent Corporation. PHC—Persona l Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Pa rtnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Re al Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsi diary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Trans feree. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpay er. TR—Trust. TT—Trustee. U.S.C.—Uni ted States Code. X—Corporation. Y—Corporation. Z—Corporat ion. May 14, 2007i2007–20 I.R.B. Numerical Finding List 1 Bulletins 2007–1 through 2007–20 Announcements: 2007-1, 2007-1 I.R.B.243 2007-2, 2007-2 I.R.B.263 2007-3, 2007-4 I.R.B.376 2007-4, 2007-7 I.R.B.518 2007-5, 2007-4 I.R.B.376 2007-6, 2007-4 I.R.B.376 2007-7, 2007-4 I.R.B.377 2007-8, 2007-5 I.R.B.416 2007-9, 2007-5 I.R.B.417 2007-10, 2007-6 I.R.B.464 2007-11, 2007-6 I.R.B.464 2007-12, 2007-6 I.R.B.465 2007-13, 2007-7 I.R.B.519 2007-14, 2007-7 I.R.B.519 2007-15, 2007-8 I.R.B.596 2007-16, 2007-8 I.R.B.597 2007-17, 2007-8 I.R.B.597 2007-18, 2007-9 I.R.B.625 2007-19, 2007-7 I.R.B.521 2007-20, 2007-8 I.R.B.599 2007-21, 2007-9 I.R.B.630 2007-22, 2007-9 I.R.B.631 2007-23, 2007-10 I.R.B.665 2007-24, 2007-10 I.R.B.681 2007-25, 2007-10 I.R.B.682 2007-26, 2007-10 I.R.B.682 2007-27, 2007-11 I.R.B.733 2007-28, 2007-10 I.R.B.683 2007-29, 2007-11 I.R.B.733 2007-30, 2007-11 I.R.B.734 2007-31, 2007-12 I.R.B.769 2007-32, 2007-11 I.R.B.734 2007-33, 2007-13 I.R.B.841 2007-34, 2007-13 I.R.B.842 2007-35, 2007-15 I.R.B.949 2007-36, 2007-15 I.R.B.953 2007-37, 2007-15 I.R.B.954 2007-38, 2007-15 I.R.B.954 2007-39, 2007-15 I.R.B.954 2007-40, 2007-16 I.R.B.978 2007-41, 2007-16 I.R.B.978 2007-42, 2007-17 I.R.B.1037 2007-43, 2007-17 I.R.B.1038 2007-44, 2007-19 I.R.B.1238 2007-45, 2007-18 I.R.B.1122 2007-46, 2007-19 I.R.B.1239 2007-47, 2007-20 I.R.B.1260 2007-48, 2007-20 I.R.B.1274 Notices: 2007-1, 2007-2 I.R.B.254 Notices— Continued: 2007-2, 2007-2 I.R.B.254 2007-3, 2007-2 I.R.B.255 2007-4, 2007-2 I.R.B.260 2007-5, 2007-3 I.R.B.269 2007-6, 2007-3 I.R.B.272 2007-7, 2007-5 I.R.B.395 2007-8, 2007-3 I.R.B.276 2007-9, 2007-5 I.R.B.401 2007-10, 2007-4 I.R.B.354 2007-11, 2007-5 I.R.B.405 2007-12, 2007-5 I.R.B.409 2007-13, 2007-5 I.R.B.410 2007-14, 2007-7 I.R.B.501 2007-15, 2007-7 I.R.B.503 2007-16, 2007-8 I.R.B.536 2007-17, 2007-12 I.R.B.748 2007-18, 2007-9 I.R.B.608 2007-19, 2007-11 I.R.B.689 2007-20, 2007-9 I.R.B.610 2007-21, 2007-9 I.R.B.611 2007-22, 2007-10 I.R.B.670 2007-23, 2007-11 I.R.B.690 2007-24, 2007-12 I.R.B.750 2007-25, 2007-12 I.R.B.760 2007-26, 2007-14 I.R.B.870 2007-27, 2007-13 I.R.B.814 2007-28, 2007-14 I.R.B.880 2007-29, 2007-14 I.R.B.881 2007-30, 2007-14 I.R.B.883 2007-31, 2007-16 I.R.B.971 2007-32, 2007-17 I.R.B.996 2007-34, 2007-17 I.R.B.996 2007-35, 2007-15 I.R.B.940 2007-36, 2007-17 I.R.B.1000 2007-37, 2007-17 I.R.B.1002 2007-38, 2007-18 I.R.B.1103 2007-39, 2007-20 I.R.B.1243 Proposed Regulations: REG-100841-97, 2007-12 I.R.B.763 REG-153037-01, 2007-15 I.R.B.942 REG-157711-02, 2007-8 I.R.B.537 REG-144859-04, 2007-20 I.R.B.1245 REG-159444-04, 2007-9 I.R.B.618 REG-115403-05, 2007-12 I.R.B.767 REG-152043-05, 2007-2 I.R.B.263 REG-158677-05, 2007-16 I.R.B.975 REG-161919-05, 2007-6 I.R.B.463 REG-125632-06, 2007-5 I.R.B.415 REG-146247-06, 2007-16 I.R.B.977 REG-147144-06, 2007-10 I.R.B.680 REG-156420-06, 2007-18 I.R.B.1110 REG-156779-06, 2007-17 I.R.B.1015 REG-157834-06, 2007-13 I.R.B.840 Revenue Procedures: 2007-1, 2007-1 I.R.B.1 2007-2, 2007-1 I.R.B.88 2007-3, 2007-1 I.R.B.108 2007-4, 2007-1 I.R.B.118 2007-5, 2007-1 I.R.B.161 2007-6, 2007-1 I.R.B.189 2007-7, 2007-1 I.R.B.227 2007-8, 2007-1 I.R.B.230 2007-9, 2007-3 I.R.B.278 2007-10, 2007-3 I.R.B.289 2007-11, 2007-2 I.R.B.261 2007-12, 2007-4 I.R.B.354 2007-13, 2007-3 I.R.B.295 2007-14, 2007-4 I.R.B.357 2007-15, 2007-3 I.R.B.300 2007-16, 2007-4 I.R.B.358 2007-17, 2007-4 I.R.B.368 2007-18, 2007-5 I.R.B.413 2007-19, 2007-7 I.R.B.515 2007-20, 2007-7 I.R.B.517 2007-21, 2007-9 I.R.B.613 2007-22, 2007-10 I.R.B.675 2007-23, 2007-10 I.R.B.675 2007-24, 2007-11 I.R.B.692 2007-25, 2007-12 I.R.B.761 2007-26, 2007-13 I.R.B.814 2007-27, 2007-14 I.R.B.887 2007-28, 2007-16 I.R.B.974 2007-29, 2007-17 I.R.B.1004 2007-30, 2007-18 I.R.B.1104 2007-31, 2007-19 I.R.B.1225 Revenue Rulings: 2007-1, 2007-3 I.R.B.265 2007-2, 2007-3 I.R.B.266 2007-3, 2007-4 I.R.B.350 2007-4, 2007-4 I.R.B.351 2007-5, 2007-5 I.R.B.378 2007-6, 2007-5 I.R.B.393 2007-7, 2007-7 I.R.B.468 2007-8, 2007-7 I.R.B.469 2007-9, 2007-6 I.R.B.422 2007-10, 2007-10 I.R.B.660 2007-11, 2007-9 I.R.B.606 2007-12, 2007-11 I.R.B.685 2007-13, 2007-11 I.R.B.684 2007-14, 2007-12 I.R.B.747 2007-15, 2007-11 I.R.B.687 2007-16, 2007-13 I.R.B.807 2007-17, 2007-13 I.R.B.805 2007-18, 2007-13 I.R.B.806 2007-19, 2007-14 I.R.B.843 2007-20, 2007-14 I.R.B.863 2007-21, 2007-14 I.R.B.865 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2006–27 through 2006–52 is in Internal Revenue Bulletin 2006–52, dated December 26, 2006. 2007–20 I.R.B.iiMay 14, 2007 Revenue Rulings— Continued: 2007-22, 2007-14 I.R.B.866 2007-23, 2007-15 I.R.B.889 2007-25, 2007-16 I.R.B.956 2007-26, 2007-16 I.R.B.970 2007-27, 2007-18 I.R.B.1099 2007-28, 2007-18 I.R.B.1039 2007-29, 2007-19 I.R.B.1223 Tax Conventions: 2007-23, 2007-10 I.R.B.665 Treasury Decisions: 9298, 2007-6 I.R.B.434 9299, 2007-6 I.R.B.460 9300, 2007-2 I.R.B.246 9301, 2007-2 I.R.B.244 9302, 2007-5 I.R.B.382 9303, 2007-5 I.R.B.379 9304, 2007-6 I.R.B.423 9305, 2007-7 I.R.B.479 9306, 2007-6 I.R.B.420 9307, 2007-7 I.R.B.470 9308, 2007-8 I.R.B.523 9309, 2007-7 I.R.B.497 9310, 2007-9 I.R.B.601 9311, 2007-10 I.R.B.635 9312, 2007-12 I.R.B.736 9313, 2007-13 I.R.B.805 9314, 2007-14 I.R.B.845 9315, 2007-15 I.R.B.891 9316, 2007-16 I.R.B.962 9317, 2007-16 I.R.B.957 9318, 2007-17 I.R.B.990 9319, 2007-18 I.R.B.1041 9320, 2007-17 I.R.B.994 9321, 2007-19 I.R.B.1123 9322, 2007-18 I.R.B.1100 9323, 2007-20 I.R.B.1240 May 14, 2007iii2007–20 I.R.B. Finding List of Current Actions on Previously Published Items 1 Bulletins 2007–1 through 2007–20 Announcements: 2006-45 Updated and superseded by Ann. 2007-47, 2007-20 I.R.B.1260 Notices: 2002-45 Modified by Notice 2007-22, 2007-10 I.R.B.670 2005-1 Obsoleted in part by T.D. 9321, 2007-19 I.R.B.1123 2005-29 Modified and superseded by Notice 2007-4, 2007-2 I.R.B.260 2005-86 Modified by Notice 2007-22, 2007-10 I.R.B.670 2005-98 Modified and superseded by Notice 2007-26, 2007-14 I.R.B.870 2006-2 Modified and superseded by Notice 2007-4, 2007-2 I.R.B.260 2006-4 Superseded in part by T.D. 9321, 2007-19 I.R.B.1123 2006-13 Obsoleted by T.D. 9315, 2007-15 I.R.B.891 2006-50 Amplified, clarified, and modified by Notice 2007-11, 2007-5 I.R.B.405 2006-64 Superseded for taxable years on or after January 1, 2008 by T.D. 9321, 2007-19 I.R.B.1123 2006-77 Clarified, modified, and amplified by Notice 2007-36, 2007-17 I.R.B.1000 2006-87 Modified and supplemented by Notice 2007-25, 2007-12 I.R.B.760 2007-19 Amended and supplemented by Notice 2007-31, 2007-16 I.R.B.971 Proposed Regulations: REG-208270-86 Corrected by Ann. 2007-4, 2007-7 I.R.B.518 REG-121509-00 Corrected by Ann. 2007-17, 2007-8 I.R.B.597 REG-139059-02 Corrected by Ann. 2007-36, 2007-15 I.R.B.953 Ann. 2007-37, 2007-15 I.R.B.954 REG-141901-05 Corrected by Ann. 2007-7, 2007-4 I.R.B.377 REG-142270-05 Corrected by Ann. 2007-2, 2007-2 I.R.B.263 REG-125632-06 Corrected by Ann. 2007-26, 2007-10 I.R.B.682 REG-127819-06 Corrected by Ann. 2007-5, 2007-4 I.R.B.376 REG-136806-06 Corrected by Ann. 2007-6, 2007-4 I.R.B.376 Hearing cancelled by Ann. 2007-19, 2007-7 I.R.B.521 Revenue Procedures: 98-20 Superseded by Rev. Proc. 2007-12, 2007-4 I.R.B.354 2000-38 Modified by Rev. Proc. 2007-16, 2007-4 I.R.B.358 2000-42 Obsoleted in part by T.D. 9315, 2007-15 I.R.B.891 2000-50 Modified by Rev. Proc. 2007-16, 2007-4 I.R.B.358 2001-31 Superseded by Rev. Proc. 2007-29, 2007-17 I.R.B.1004 2001-42 Modified and amplified by Rev. Proc. 2007-19, 2007-7 I.R.B.515 2002-9 Modified and amplified by Rev. Proc. 2007-14, 2007-4 I.R.B.357 Revenue Procedures— Continued: Modified by Rev. Proc. 2007-16, 2007-4 I.R.B.358 2004-11 Superseded by Rev. Proc. 2007-16, 2007-4 I.R.B.358 2004-65 Modified and superseded by Rev. Proc. 2007-20, 2007-7 I.R.B.517 2005-12 Superseded by Rev. Proc. 2007-17, 2007-4 I.R.B.368 2005-51 Amplified by Rev. Proc. 2007-25, 2007-12 I.R.B.761 2005-69 Superseded by Rev. Proc. 2007-15, 2007-3 I.R.B.300 2005-74 Superseded by Rev. Proc. 2007-24, 2007-11 I.R.B.692 2006-1 Superseded by Rev. Proc. 2007-1, 2007-1 I.R.B.1 2006-2 Superseded by Rev. Proc. 2007-2, 2007-1 I.R.B.88 2006-3 Superseded by Rev. Proc. 2007-3, 2007-1 I.R.B.108 2006-4 Superseded by Rev. Proc. 2007-4, 2007-1 I.R.B.118 2006-5 Superseded by Rev. Proc. 2007-5, 2007-1 I.R.B.161 2006-6 Superseded by Rev. Proc. 2007-6, 2007-1 I.R.B.189 2006-7 Superseded by Rev. Proc. 2007-7, 2007-1 I.R.B.227 2006-8 Superseded by Rev. Proc. 2007-8, 2007-1 I.R.B.230 2006-17 Obsoleted in part by Rev. Proc. 2007-26, 2007-13 I.R.B.814 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2006–27 through 2006–52 is in Internal Revenue Bulletin 2006–52, dated December 26, 2006. 2007–20 I.R.B.ivMay 14, 2007 Revenue Procedures— Continued: 2006-20 Obsoleted in part by Rev. Proc. 2007-31, 2007-19 I.R.B.1225 2006-35 Modified by Rev. Proc. 2007-22, 2007-10 I.R.B.675 Revenue Rulings: 54-19 Obsoleted in part by Rev. Rul. 2007-14, 2007-12 I.R.B.747 55-132 Obsoleted by Rev. Rul. 2007-14, 2007-12 I.R.B.747 56-462 Obsoleted by Rev. Rul. 2007-14, 2007-12 I.R.B.747 56-518 Obsoleted by Rev. Rul. 2007-14, 2007-12 I.R.B.747 57-505 Obsoleted by Rev. Rul. 2007-14, 2007-12 I.R.B.747 58-370 Obsoleted by Rev. Rul. 2007-14, 2007-12 I.R.B.747 58-500 Obsoleted by Rev. Rul. 2007-14, 2007-12 I.R.B.747 69-141 Modified by Notice 2007-22, 2007-10 I.R.B.670 69-212 Obsoleted by Rev. Rul. 2007-14, 2007-12 I.R.B.747 69-587 Revoked by Rev. Rul. 2007-12, 2007-11 I.R.B.685 71-477 Obsoleted by Rev. Rul. 2007-14, 2007-12 I.R.B.747 75-161 Obsoleted by Rev. Rul. 2007-8, 2007-7 I.R.B.469 76-188 Obsoleted by Rev. Rul. 2007-8, 2007-7 I.R.B.469 78-330 Modified by Rev. Rul. 2007-8, 2007-7 I.R.B.469 Revenue Rulings— Continued: 81-225 Clarified and amplified by Rev. Rul. 2007-7, 2007-7 I.R.B.468 92-19 Supplemented in part by Rev. Rul. 2007-10, 2007-10 I.R.B.660 96-51 Amplified by Rev. Rul. 2007-12, 2007-11 I.R.B.685 2002-41 Modified by Notice 2007-22, 2007-10 I.R.B.670 2003-43 Modified by Notice 2007-2, 2007-2 I.R.B.254 2003-92 Clarified and amplified by Rev. Rul. 2007-7, 2007-7 I.R.B.468 2003-102 Modified by Notice 2007-22, 2007-10 I.R.B.670 2003-109 Superseded by Rev. Rul. 2007–28, 2007-18 I.R.B.1039 2005-24 Modified by Notice 2007-22, 2007-10 I.R.B.670 2005-76 Supplemented and superseded by Rev. Rul. 2007-4, 2007-4 I.R.B.351 2006-36 Modified by Notice 2007-22, 2007-10 I.R.B.670 Treasury Decisions: 9263 Corrected by Ann. 2007-22, 2007-9 I.R.B.631 9276 Corrected by Ann. 2007-20, 2007-8 I.R.B.599 Ann. 2007-21, 2007-9 I.R.B.630 9278 Corrected by Ann. 2007-9, 2007-5 I.R.B.417 Ann. 2007-10, 2007-6 I.R.B.464 9286 Corrected by Ann. 2007-8, 2007-5 I.R.B.416 9298 Corrected by Ann. 2007-32, 2007-11 I.R.B.734 Treasury Decisions— Continued: 9303 Corrected by Ann. 2007-25, 2007-10 I.R.B.682 9313 Corrected by Ann. 2007-48, 2007-20 I.R.B.1274 May 14, 2007v2007–20 I.R.B. INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. 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