us-irs-announcements-irb-2001-20-pdf•Internal Revenue Bulletin 2001-20 (PDF rendition): IRS Announcements
Internal Revenue Bulletin 2001-20 (PDF rendition): IRS Announcements
us-irs-announcements-irb-2001-20-pdfInternal Revenue Bulletin 2001-20 (PDF rendition): IRS AnnouncementsGuidance
Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing. Whole bulletin rendition: numbered items are identified below; other legal material and publisher context remain included. This is not a new standalone advance release.
INCOME TAX Rev. Rul. 2001–23, page 1169. LIFO; price indexes; department stores.The March 2001 Bureau of Labor Statistics price indexes are accepted for use by department stores employing the retail inventory and last-in, first-out inventory methods for valuing inventories for tax years ended on, or with reference to, March 31, 2001. EXEMPT ORGANIZATIONS Announcement 2001–57, page 1187. A list is given of organizations now classified as private foun- dations. ADMINISTRATIVE Rev. Proc. 2001–31, page 1170. Electronic and magnetic media filing specifications. Specifications are set forth for the magnetic or electronic fil- ing of Form 8851, Summary of Archer MSAs, with the IRS. Rev. Proc. 97–25 superseded. Announcement 2001–49, page 1183. An advance notice of proposed rulemaking invites comments from the public on issues that the IRS may address in regu- lations relating to the new markets tax credit under section 45D of the Code. Taxpayers (for example, individuals, cor- porations, partnerships, and investment funds) that make a qualified equity investment in a qualified community develop- ment entity that has received a new markets tax credit allo- cation may claim a five-percent tax credit on the investment amount for each of the first three years and a six-percent tax credit for each of the next four years. Announcement 2001–50, page 1184. This document contains corrections to proposed regulations (REG–126100–00, 2001–11 I.R.B. 862) providing guidance on the reporting requirements for interest on deposits main- tained at the U.S. office of certain financial institutions and paid to nonresident alien individuals. Announcement 2001–51, page 1185. This document contains corrections to proposed regulations (REG–116050–99, 2000–48 I.R.B. 520) relating to the car- ryover of certain tax attributes, such as earnings and profits and foreign income tax accounts, when two corporations combine in a section 367(b) transaction. Announcement 2001–52, page 1186. This document contains corrections to proposed regulations (REG–105235–99, 2000–44 I.R.B. 447) relating to the exclusion of gain from the sale or exchange of a taxpayer’s principal residence. Announcement 2001–53, page 1186. This document contains corrections to final regulations (T.D. 8940, 2001–15 I.R.B. 1016) relating to deemed and actual asset acquisitions under sections 338 and 1060 of the Code. Internal Revenue bbuulllleettiinn Bulletin No. 2001–20 May 14, 2001 HIGHLIGHTS OF THIS ISSUE These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. Department of the Treasury Internal Revenue Service Finding Lists begin on page ii. May 14, 20012001–20 I.R.B. The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing offi- cial rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin contents are consolidated semiannually into Cumulative Bulletins, which are sold on a single-copy basis. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless other- wise indicated. Procedures relating solely to matters of in- ternal management are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying pub- lished rulings and procedures, the effect of subsequent leg- islation, regulations, court decisions, rulings, and proce- dures must be considered, and Service personnel and oth- ers concerned are cautioned against reaching the same con- clusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Part 1100.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions, and Subpart B, Legislation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Sub- parts. Also included in this part are Bank Secrecy Act Admin- istrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secretary (Enforcement). Part IV.—Items of General Interest. This part includes notices of proposed rulemakings, disbar- ment and suspension lists, and announcements. The first Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the first Bulletin of the succeeding semi- annual period, respectively. The IRS Mission Provide America’s taxpayers top quality service by help- ing them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all. Introduction The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Section 472.—Last-in, First-out Inventories 26 CFR 1.472–1: Last-in, first-out inventories. LIFO; price indexes; department stores. The March 2001 Bureau of Labor Statistics price indexes are accepted for use by department stores employing the retail inventory and last-in, first-out in- ventory methods for valuing inventories for tax years ended on, or with reference to, March 31, 2001. Rev. Rul. 2001–23 The following Department Store Inven- tory Price Indexes for March 2001 were issued by the Bureau of Labor Statistics. The indexes are accepted by the Internal Revenue Service, under § 1.472–1(k) of the Income Tax Regulations and Rev. Proc. 86–46, 1986–2 C.B. 739, for appro- priate application to inventories of depart- ment stores employing the retail inven- tory and last-in, first-out inventory methods for tax years ended on, or with reference to, March 31, 2001. The Department Store Inventory Price Indexes are prepared on a national basis and include (a) 23 major groups of depart- ments, (b) three special combinations of the major groups - soft goods, durable goods, and miscellaneous goods, and (c) a store total, which covers all departments, including some not listed separately, ex- cept for the following: candy, food, liquor, tobacco, and contract departments. 2001–20 I.R.B.1169May 14, 2001 Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 BUREAU OF LABOR STATISTICS, DEPARTMENT STORE INVENTORY PRICE INDEXES BY DEPARTMENT GROUPS (January 1941 = 100, unless otherwise noted) Percent Change GroupsMar.Mar.from Mar. 2000 20002001to Mar. 2001 1 1. Piece Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .511.5492.1-3.8 2. Domestics and Draperies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .614.4597.8-2.7 3. Women’s and Children’s Shoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .638.9667.24.4 4. Men’s Shoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .902.4887.5-1.7 5. Infants’ Wear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .649.8632.5-2.7 6. Women’s Underwear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .582.7563.5-3.3 7. Women’s Hosiery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .337.5347.0 2.8 8. Women’s and Girls’ Accessories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .548.1560.32.2 9. Women’s Outerwear and Girls’ Wear . . . . . . . . . . . . . . . . . . . . . . . . . . .409.5419.52.4 10. Men’s Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .626.2589.2-5.9 11. Men’s Furnishings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .623.2619.4-0.6 12. Boys’ Clothing and Furnishings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .498.1484.9 -2.7 13. Jewelry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .965.3939.5-2.7 14. Notions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .746.6782.84.8 15. Toilet Articles and Drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .968.0989.42.2 16. Furniture and Bedding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .693.1646.4-6.7 17. Floor Coverings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .606.8630.73.9 18. Housewares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .787.4771.7-2.0 19. Major Appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .235.7225.2-4.5 20. Radio and Television . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61.055.5-9.0 21. Recreation and Education 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94.890.3-4.7 22. Home Improvements 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128.0128.20.2 23. Auto Accessories 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107.6109.21.5 Groups 1 - 15: Soft Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .606.3604.7-0.3 Groups 16 - 20: Durable Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .444.3426.0-4.1 Groups 21 - 23: Misc. Goods 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.799.0-2.7 Store Total 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .545.5538.3-1.3 1 Absence of a minus sign before the percentage change in this column signifies a price increase. 2 Indexes on a January 1986=100 base. 3 The store total index covers all departments, including some not listed separately, except for the following: candy, food, liquor, tobacco, and contract departments. DRAFTING INFORMATION The principal author of this revenue rul- ing is Alan J. Tomsic of the Office of Asso- ciate Chief Counsel (Income Tax and Ac- counting). For further information regard- ing this revenue ruling, contact Mr. Tomsic at (202) 622-4970 (not a toll-free call). May 14, 200111702001–20 I.R.B. 26 CFR 601.602: Tax forms and instructions. Rev. Proc. 2001–31 NOTE:This revenue procedure may be used to prepare Form 8851, Summary of ArcherMSAs, for submission to Inter- nal Revenue Service (IRS) using any of the following: Magnetic Tape Tape Cartridge 8mm, 4mm, and Quarter Inch Cartridges (QIC) 3 1/2-inch Diskette Electronic Filing – FIRE System Contents Part A. General Section 1. Purpose Section 2. Where to File and How to Contact the IRS Martinsburg Computing Center Section 3. Filing Requirements Section 4. Filing of Form(s) 8851 Magnetically/Electronically Section 5. Preparation Instructions for Media Label Section 6. Due Dates Section 7. Processing of Information Returns Magnetically/Electronic- ally Section 8. Effect on Paper Documents Section 9. Definition of Terms Part B. Magnetic Media Specifications Section 1. General Section 2. Tape Specifications Section 3. Tape Cartridge Specifica- tions Section 4. 8mm, 4mm, and Quarter Inch Cartridge Specifications Section 5. 3 1/2 -Inch Diskette Speci- fications Section 6. Data Sequence Specifi- cations Section 7. The Trustee ‘A’ Record - General Field Descriptions and Record Layout Section 8. The Account Holder ‘B’ Record - General Field Descriptions and Record Layout Section 9. The Control Total ‘C’ Re- cord - General Field Descriptions and Record Layout Part C. Electronic Filing Specifications Section 1. Background Section 2. Advantages of Filing Elec- tronically Section 3. General Section 4. Electronic Filing Approval Procedure Section 5. Electronic Submissions Section 6. Electronic Filing Specifica- tions Section 7. Dial-up Network/Browser Specifications (Web Interface) Section 8. Communications Software Specifications (Text Interface) Section 9. Modem Configuration Part A. General .01 Numerous editorial changes were made to this revenue procedure. Major changes are emphasized by the use of ital- ics. Filers are urged to read the revenue procedure in its entirety. .02 Part C, Electronic Filing Specifi- cations, is completely revised. Because of the extensive revision italics have not been extensively used. .03 Part B, Sec. 01, Trustee ‘A’ Record, has the only programming change. This change affects the report pe- riod. Sec. 1. Purpose .01The purpose of this revenue proce- dure is to provide the specifications under which trustees may file Form 8851, Sum- mary of ArcherMSAs, magnetically or electronically. .02Comments concerning this revenue procedure, or suggestions for making it more helpful and user friendly, can be ad- dressed to: IRS-Martinsburg Computing Center Information Reporting Program Attn: 8851 Coordinator 240 Murall Drive Kearneysville, WV 25430 .03It is unlawful to intentionally trans- mit a computer virus to the Internal Rev- enue Service. Violators may be subject to a fine and/or imprisonment. Sec. 2. Where To File and How To Contact the IRS Martinsburg Computing Center .01All Forms 8851 filed magnetically or electronically are processed at IRS/MCC. Send magnetic media files and any correspondence to MCC at the following address: IRS-Martinsburg Computing Center Information Reporting Program Attn: 8851 Coordinator 240 Murall Drive Kearneysville, WV 25430 .02Paper forms and publications should be requested by calling the “Forms Only Number” listed in your local telephone di- rectory or by calling the IRS toll-free num- ber 1-800-TAX-FORM (1-800-829-3676). Forms and publications can also be ob- tained by using the IRS Web site www .irs.gov. .03The Information Reporting Program (IRP) Call Site, located at the Martinsburg Computing Center, provides service to the payer/employer community (financial in- stitutions, employers, and other transmit- ters of information returns). The IRP Call Site answers questions concerning tax law and magnetic/electronic filing of Forms 8851 and other information returns (Forms 1096, 1098, 1099, 5498, W-2G, 1042–S, 8027 and Questionable Forms W-4), in- quiries dealing with backup withholding due to missing and incorrect taxpayer iden- tification numbers and questions concern- ing paper filing of Forms W-2 and W-3. The Call Site can also be reached via their email address mccirp@irs.gov .Recipients of information returns (payees) should continue to contact 1-800-829-1040 or other numbers specified in the tax return instructions with any questions on how to report tax returns. The Call Site accepts calls from all areas of the country. The number to call is 304- 263-8700or Telecommunications Device for the Deaf (TDD) 304-267-3367.These are toll calls. Hours of operation for the Call Site are Monday through Friday, 8:30 a.m. to 4:30 p.m. Eastern Time. The Call Site is in operation throughout the year to handle the questions of payers, transmit- ters, and employers. Due to the high de- mand for assistance at the end of January Part III. Administrative, Procedural, and Miscellanous 2001–20 I.R.B.1171May 14, 2001 and February, it is advisable to call as soon as possible to avoid these peak filing sea- sons. .04The telephone numbers for in- quiries or electronic submissions are: 304-263-8700 - Call Site oremail mccirp@irs.gov 304-262-2400-Electronic Filing 304-267-3367 - TDD (Telecommuni- cation Device for the Deaf) 304-264-5602 - Fax Machine (These are not toll-free telephone num- bers.) TO OBTAIN FORMS & PUBLICA- TIONS, CALL: 1-800-TAX-FORM (1-800-829-3676) TO OBTAIN FORMS & PUBLICA- TIONS VIA THE INTERNET: www.irs.gov Sec. 3. Filing Requirements .01If you are required to report 250 or more ArcherMSAs, you must file mag- netically or electronically. Even though a trustee may not meet the required filing threshold of 250 documents, IRS encour- ages the filing of the Form 8851 magneti- cally/electronically. .02Filers who are required to submit their Forms 8851 on magnetic media may choose to submit their documents elec- tronically instead. Filers who transmit their information electronically are con- sidered to have satisfied the magnetic media filing requirements. .03The filing requirement applies indi- vidually to each reporting entity as defined by its separate Taxpayer Identification Number (TIN) (Social Security Number [SSN] or Employer Identification Number [EIN]). For example, if filing for a corpo- ration with several branches or locations and each uses the same name and EIN, the filer must aggregate the total volume to be filed for that EIN and apply the filing re- quirement accordingly. .04For additional information on fil- ing requirements, please refer to the in- structions on Form 8851. Sec. 4. Filing of Form 8851 Magnetically/Electronically .01Form 8851, Summary of Archer MSAs, MUSTaccompany ALLmag- netic media shipments. If you wish to file electronically, complete Form 8851 above line ‘a’ (trustee’s information only) and send it to: IRS-Martinsburg Computing Center Information Reporting Program Attn: 8851 Coordinator 240 Murall Drive Kearneysville, WV 25430 Upon receipt, you will be contacted with instructions on how to transmit your file electronically. In both instances, only the trustee information requested on Form 8851 must be completed. The form may be computer-generated; however, all of the trustee information requested on the original form must be on the computer- generated form. .02Do not report duplicate informa- tion. If a filer submits returns magneti- cally/electronically, identical paper docu- ments must not be filed. .03A self-adhesive external media label, created by the filer, must be af- fixed to each piece of magnetic media (See Sec. 5). If diskettes are used, be certain that only MS-DOS compatible operating systems were used to prepare the diskettes. Non-MS-DOS diskettes are no longeracceptable at IRS/MCC. .04On the outside of the shipping con- tainer, affix or attach a label which reads “IRB Box ___of___” reflecting the num- ber of containers in the shipment. If there is only one container, mark the outside as Box 1of 1. For multiple containers, in- clude the sequence (for example, Box 1 of 3, 2 of 3, 3 of 3). .05When submitting files include the following: (a) Form 8851; (b) External media label affixed to the magnetic media; (c) IRB Box _____ of ______ out- side label. .06IRS/MCC will not pay for or ac- cept “Cash-on-Delivery” or “Charge to IRS” shipments of tax information that an individual or organization is legally re- quired to submit. Sec. 5. Preparation Instructions for Media Label Please create your own pressure sensitive label containing the following informa- tion: Type of filing:Indicate whether data is Original or Replacement. Tax Year:Tax period for which media is submitted as defined on the Form 8851. IRS TCC:(Transmitter Control Code): MSA01 Trustee’s name: Operating System/Hardware:Recommended label format: For 3 1/2- inch diskette files, indicate theType of filing_________________________ type of personal computer operating system and Tax Year_____________ IRS TCC MSA01 software package used to create the media Trustee name_________________________ (for example: IBM.PC/AT-MSD/DOS)Operating System/Hardware_____________ Number of account holders______________ Trustee number for media_______________ Media sequence_________of____________ May 14, 200111722001–20 I.R.B. Sec. 9. Definition of Terms ElementDescription Account HolderThe owner of the Archer MSA. Asynchronous ProtocolsThis type of data transmission is most often used by micro-computers, PCs and some mini- transmissions transfer data at arbitrary time intervals using the start-stop method. Each character transmitted has its own start bit and stop bit. b/Denotes a blank position. Enter blank(s) when this symbol is used (do not enter the letter “b”). This appears in numerous areas throughout the record descriptions. Blocked RecordsTwo or more records grouped together between interrecord gaps. For tape, indicate either EBCDIC or ASCII. For tape cartridge, indicate operating sys- tem, either EBCDIC or ASCII, and either 18, 36, 128 or 256 track. Number of account holders:Indicate the total number of Account Holder “B” Records reported on the media. Trustee number for media:If available, provide the in-house number assigned by your organization to the tapes, tape car- tridges, or diskettes. Media sequence:Indicate sequence num- ber of media and total number of media in file (for example: Media sequence 1 of 3, 2 of 3, 3 of 3). Please affix external label to appropri- ate area on magnetic media, so it will not hinder the ability to process media. Sec. 6. Due Dates .01The due dates for filing paper re- turns with IRS also apply to magnetic media or electronic filing. File Form 8851, postmarked no later than August 1, 2001, to report the number of Archer MSAs you established from January 1 through June 30, 2001. .02When using a delivery service other than the U.S. Postal Service, if no date of shipment appears on the package or con- tainer, the date of receipt will be the date received at IRS/MCC. Sec. 7. Processing of Information Returns Magnetically/Electronically .01All data received at IRS/MCC for processing will be given the same protec- tion as individual income tax returns (Form 1040). IRS/MCC will process the data and determine if the records are for- matted and coded according to this rev- enue procedure. .02 If you are filing information for more than one trustee, each trustee must be reported on separate media and/or transmitted separately, if filing electroni- cally. .03If the data is formatted incorrectly, IRS/MCC will request a replacement file in writing. When IRS/MCC requests a re- placement file, it is because we encoun- tered errors (not limited to format) and were unable to process the media. Filers will receive a Media Tracking Slip (Form 9267), listing and letter detailing the rea- son(s) their media could not be processed. It is imperative that filers maintain backup copies and/or recreate capabilities for their information return files. Open all IRS/MCC correspondence immedi- ately. Refer to Part C, Section 5, for pro- cedures for replacing files submitted elec- tronically. .04The following definition has been provided to help identify a replacement: • A replacementis an information return file sent by the filer at the request of IRS/ MCCbecause of errors encountered while processing the filers original submission. (See Note 1). *Note 1: Filers should never send any- thing to IRS/MCC marked “Replace- ment” unless IRS/MCC has requested a replacement file in writing or via the FIRE System. *Note 2: IRS/MCC no longer returns problem media in need of replacement. Filers will receive a tracking slip, listing and letter detailing the reason(s) their media could not be processed. Filers will be expected to send a replacement file within the prescribed time frame.This makes it imperativethat filers maintain backup copies and/or recreate capabilities for their information return files. .05 Files must be corrected and re- turned with the Media Tracking Slip (Form 9267) to IRS/MCC within 45 days from the date of the letter. Refer to Part C, Section 5, for procedures for replacing files submitted electronically. .06IRS/MCC will not return media after successful processing. Therefore, if the transmitter wants proof that IRS/MCC received a shipment, the transmitter should select a service with tracking capa- bilities or one that will provide proof of delivery. .07IRS/MCC will work with the filers to identify and resolve processing prob- lems. If contacted by IRS/MCC, please respond promptly. IRS/MCC may have information the filers need to correct their files. .08Do not use special shipping con- tainers for transmitting data to IRS/MCC. Shipping containers will not be returned. Sec. 8. Effect on Paper Documents .01Magnetic or electronic reporting eliminates the need to submit paper Forms 8851 to IRS. .02Even though the threshold for fil- ing magnetically or electronically is 250 or more MSAs, IRS encourages transmit- ters to submit all returns magnetically or electronically. .03The address for filing paper Forms 8851 is: IRS – Martinsburg Computing Center Information Reporting Program Attn: 8851 Coordinator 240 Murall Drive Kearneysville, WV 25430 .04 In all instances, identify which ac- counts are for individuals that were previ- ously uninsured or excludable account holders, if applicable. 2001–20 I.R.B.1173May 14, 2001 ElementDescription Employer Identification NumberA nine-digit number assigned by IRS for Federal tax reporting purposes. (EIN) Electronic FilingSubmission of information returns using switched telecommunications network circuits. These transmissions use modems, dial-up phone lines, and asynchronous protocols (see Part C of this publication for specific information on electronic filing). FileFor the purpose of this revenue procedure, a file consists of all records submitted by a transmitter either magnetically or electronically. FilerPerson or organization who prepares and submits files. May be the trustee and/or transmit- ter. IRS/MCCInternal Revenue Service/Martinsburg Computing Center. Magnetic MediaFor this Revenue Procedure, the term magnetic media refers to 1/2-inch magnetic tape; IBM 3480, 3490, 3490E, 3590, 3590E or AS400 compatible tape cartridge; 8mm, 4mm, and QIC (Quarter Inch Cartridge) cartridge or 3 1/2-inch diskette. Multi-reel/diskette fileA group of tapes or diskettes submitted under one TCC where all media ends with an account holder “B” Record, except for the last media of the file, which ends with a Control Total “C” Record. ReplacementAn information return file sent by the filer at the request of IRS/MCCbecause of errors encountered while processing their filers original submission. *Note 1: Filers should never submit media to IRS/MCC marked “Replacement” unless IRS/MCC has requested a replacement file in writing or via the FIRE System. When sending “Replacement” media, be sure to include the Media Tracking Slip (Form 9267). Media that has been incorrectly marked as Replacement may result in duplicate filing. *Note 2: IRS/MCC is no longer returning problem media in need of replacement. Social Security Number (SSN)A nine-digit number assigned by the Social Security Administration (SSA) to an individual for tax and wage reporting purposes. Special CharacterAny character that is not a numeric, an alpha, or a blank. Taxpayer Identification May be either a Social Security Number (SSN) or an Employer Identification Number Number (TIN)(EIN) Transmitter Control Code (TCC)The five-digit code “MSA01” assigned to all filers prior to submitting Forms 8851 magnet- ically/electronically. This number is inserted in the “A” Record and must be present in the file. TrusteePerson or organization that is the custodian of the ArcherMSA and is required to file Form 8851. Part B. Magnetic Media Specifications Sec. 1. General .01 These specifications prescribe the required format and content of the Trustee ‘A,’ Account Holder ‘B,’ and Control Total ‘C’ records to be included in the magnetic media file. Usually, IRS/MCC will be able to process any compatible file. Deviations cannot and will not be permitted in any of the data fields. .02If you are filing for more than one trustee, each trustee must be re- ported on a separate tape, tape car- tridge, 8mm, 4mm, and QIC (Quarter Inch Cartridge) cartridge, diskette, or in a separate electronic transmission. A separate Form 8851 is required for each. .03An external label must appear on each tape, diskette, or cartridge submitted. The following information is needed on the label: (a)Type of filing (i.e., Original). (b)The tax year of the data (i.e., 2001). (c)The trustee’s name. (d)The five-digit Transmitter Con- trol Code “MSA01”. (e)Operating system software and hardware used to create the file (i.e., IBM.PC/AT-MSD/DOS). (f)The total number of account holders in the file. (g)Trustee’s media number. The number assigned to the media by the trustee. (h) The sequence of each tape or diskette (i.e., 001 of 008, 002 of 008,..., 008 of 008). Information provided on the label will as- sist IRS/MCC in identifying information that is reported and in locating a specific file if it is necessary for IRS/MCC to re- quest a replacement file from the trustee. .04Regardless of the type of media used or if returns are filed electronically, the record length must be 150 positions. May 14, 200111742001–20 I.R.B. Sec. 2. Tape Specifications ' *Note: Beginning in calendar year 2003 for Tax Year 2002, 9 track mag- netic tape will no longer be an accept- able method for submitting Informa- tion Returns to IRS/MCC. .01IRS/MCC can process most mag- netic tape files if the following specifica- tions are followed: (a)9 track EBCDIC (Extended Binary Coded Decimal Interchange Code) with: (1)Odd parity. (2)A density of 1600 or 6250 BPI. (3)If transmitters use UNISYS Series 1100, they must submit an interchange tape. (b)9 track ASCII (American Standard Coded Information Interchange) with: (1)Odd parity. (2)A density of 1600 or 6250 BPI. Transmitters should be consistent in the use of recording codes and density on files. .02All compatible tape files must have the following characteristics: Type of tape -1/2-inch (12.7 mm) wide, computer- grade magnetic tape on reels of up to 2,400 feet (731.52 m) within the follow- ing specifications: (a)Tape thickness: 1.0 or 1.5 mils and (b)Reel diameter: 10 1/2-inch (26.67 cm), 8 1/2-inch (21.59 cm), 7- inch (17.78 cm), or 6-inch. .03The tape records defined in this Revenue Procedure may be blocked sub- ject to the following: (a)A block must not exceed 30,000 tape positions. (b)If the use of blocked records would result in a short block, all remaining positions of the block must be filled with 9s; however, the last block of the file may be filled with 9s or truncated. Do not pad a block with blanks. (c)All records, except the header and trailer labels, may be blocked or unblocked. A record may not contain any control fields or block descriptor fields which describe the length of the block or the logical records within the block. The number of logical records within a block (the blocking factor) must be constant in every block with the exception of the last block which may be shorter (see item (b) above). The block length must be evenly divisible by 150. (d)Records may not span blocks. .04Labeled or unlabeled tapes may be submitted. .05For the purposes of this Revenue Procedure the following must be used: Tape Mark: (a)Signifies the physical end of the recording on tape. (b)For even parity, use BCD con- figuration 001111 (8421). (c)May follow the header label and precede and/or follow the trailer label. .06IRS/MCC can only read one data file on a tape. A data file is a group of records which may or may not begin with a tapemark, but mustend with a trailer label. Any data beyond the trailer label cannot be read by IRS programs. Sec. 3. Tape Cartridge Specifications .01 In most instances, IRS/MCC can process tape cartridges that meet the fol- lowing specifications: (a)Must be IBM 3480, 3490, 3490E, 3590, 3590Eor AS400 compatible. (b)Must meet American National Standard Institute (ANSI) stan- dards, and have the following characteristics: (1)Tape cartridges will be 1/2- inch tape contained in plas- tic cartridges which are approximately 4-inches by 5-inches by 1-inch in dimension. (2)Magnetic tape will be chromium dioxide particle based 1/2-inch tape. (3)Cartridges must be 18-track, 36-track, 128-track or 256- trackparallel (See Note). (4)Cartridges will contain 37,871 CPI or 75,742 CPI (characters per inch). (5)Mode will be full function. (6)The data may be compressed using EDRC (Memorex) or IDRC (IBM) compression. (7)Either EBCDIC (Extended Binary Coded Decimal Interchange Code) or ASCII (American Standard Coded Information Interchange) may be used. .02The tape cartridge records defined in this Revenue Procedure may be blocked subject to the following: (a)A block must notexceed 30,000 tape positions. (b)If the use of blocked records would result in a short block, all remaining positions of the block must be filled with 9s; however, the last block of the file may be filled with 9s or truncated. Do not pad a block with blanks. (c)All records, except the header and trailer labels, may be blocked or unblocked. A record may not contain any control fields or block descriptor fields which describe the length of the block or the logical records within the block. The number of logical records within a block (the blocking factor) must be constant in every block with the exception of the last block which may be shorter (see item (b) above). The block length must be evenly divisible by 150. (d)Records may not span blocks. .03Tape cartridges may be labeled or unlabeled. .04For the purposes of this Revenue Procedure, the following must be used: Tape Mark: (a)Signifies the physical end of the recording on tape. (b)For even parity, use BCD config- uration 001111 (8421). (c)May follow the header label and precede and/or follow the trailer label. *Note: Filers should indicate on the external media label whether the car- tridge is 18-track, 36-track, 128-track or 256-track. Sec. 4. 8mm, 4mm, and Quarter-Inch Cartridge Specifications .01In most instances, IRS/MCC can process 8mm tape cartridges that meet the following specifications: (a)Must meet American National Standard Institute (ANSI) stan- 2001–20 I.R.B.1175May 14, 2001 (4)Mode will be full function. (5)Compressed data is not acceptable. (6)Either EBCDIC (Extended Binary Coded Decimal Inter- change Code) or ASCII (American Standard Coded Information Interchange) may be used. However, IRS/MCC encourages the use of EBCDIC. This infor- mation must appear on the external media label affixed to the cartridge. (7) A file may consist of more than one cartridge; however, no more than 250,000 docu- ments may be transmitted per file or per cartridge. The filename, for example, 8851MSA, will contain a three digit extension. The extension will indicate the sequence of the cartridge within the file (e.g., 1 of 3, 2 of 3, and 3 of 3 will appear in the header label as 8851MSA.001,8851MSA. 002, and 8851MSA.003 on each cartridge of the file). .02The 8mm (.315-inch) tape cartridge records defined in this Revenue Procedure may be blocked subject to the following: (a) A block must notexceed 30,000 tape positions. (b) If the use of blocked records would result in a short block, all remaining positions of the block must be filled with 9s; however, the last block of the file may be filled with 9s or truncated. Do not pad a block with blanks. (c) All records, except the header and trailer labels, may be blocked or unblocked. A record may not contain any control fields or block descriptor fields which describe the length of the block or the logical records within the block. The number of logical records within a block (the blocking factor) must be constant in every block with the exception of the last block which may be shorter (see item (b) above). The block length must be evenly divisible by 150. (d) Various COPY commands have been successful; however, the SAVE OBJECT COMMAND is not acceptable. (e)Extraneous data following the “C” Record will result in IRS/MCC re- questing a replacement file. (f)Records may not span blocks. (g) No more than 250,000 docu- ments per cartridge and per file. *Note: Advanced Metal Evaporated (AME) cartridges are not acceptable. .03For faster processing, IRS/MCC encourages transmitters to use header la- beled cartridges. IRSTAX may be used as a suggested filename. .04For the purposes of this Revenue Procedure, the following must be used: Tape Mark: (a)Signifies the physical end of the recording on tape. (b)For even parity, use BCD con- figuration 001111 (8421). (c)May follow the header label and precede and/or follow the trailer label. .05If extraneous data follows the “C” Record, IRS/MCC will request a replace- ment file. Therefore, IRS/MCC encour- ages transmitters to use blank tape car- tridges, rather than cartridges previously used, in the preparation of data when sub- mitting information returns. .06IRS/MCC can only read one data file on a tape. A data file is a group of records which may or may not begin with a tapemark, but must end with a trailer label. Any data beyond the trailer label cannot be read by IRS programs. .074mm (.157-inch) cassettes are now acceptable with the following specifica- tions: (a)4mm cassettes will be 2 1/4-inch by 3-inch. (b)The tracks are 1 (one). (c)The density is 19 (61000 BPI). (d)The typical capacity is DDS (DAT data storage) at 1.3 Gb (60 meter) or 2 Gb (90 meter), or DDS-2 at 4Gb (120 meter). (e)The general specifications for 8mm cartridges also apply to the 4mm cassettes. *Note: 4mm cassettes with a capacity of DDS-3 (125 meter) are not accept- able. .08Various Quarter-Inch Cartridges (QIC) (1/4-inch) are also acceptable. (a)QIC cartridges will be 4 inch by 6 inch. (b)QIC cartridges must meet the following specifications: TracksDensityCapacity 120 (43245 BPI)2.3 Gb 121 (45434 BPI)5 Gb SizeTracksDensityCapacity QIC-248/95 (8000 BPI)45Mb or 60Mb QIC-1201515 (10000 BPI) 120Mb or 200Mb QIC-1501816 (10000 BPI) 150Mb or 250Mb QIC-5252617 (16000 BPI) 525Mb QIC-10003021 (36000 BPI)1Gb QIC-2Gb4234 (40640 BPI) 2Gb dards, and have the following characteristics: (1)Created from an AS400 operating system only. (2)8mm (.315-inch) tape car- tridges will be 2 1/2-inch by 3 3/4-inch. (3)The 8mm tape cartridges must meet the following specifications: May 14, 200111762001–20 I.R.B. (c)The general specifications that apply to 8mm cartridges also apply to QIC car- tridges. Sec. 5. 3 1/2-Inch Diskette Specifications 0 IRS/MCC has discontinued processing 5 1/4-inch diskettes. .01To be compatible, a diskette file must meet the following specifications: (a) 3 1/2-inches in diameter. (b) Data must be recorded in stan- dard ASCII code. (c) Records must be a fixed length of 150 bytes per record. (d) Delimiter character commas (,) must not be used. (e)Positions 149 and 150 of each record have been reserved for use as carriage return/line feed (cr/lf) characters, if ap- plicable. (f) Filename of 8851MSA must be used. Do not enter any other data in this field. If a file will consist of more than one diskette, the file name 8851MSA will contain a 3- digit extension. This exten- sion will indicate the sequence of the diskettes within the file. For example, the first diskette will be named 8851MSA.001, the second diskette will be 8851MSA.002, etc. (g)A diskette will not contain multiple files as defined in Part A, Section 09. A diskette file may consist of multiple disk- ettes as long as the file naming conventions are followed. (h) Failure to comply with instruc- tions will result in IRS/MCC re- questing a replacement file. (i) Diskettes must meet one of the following specifications: CapacityTracksSides/DensitySector Size 1.44 mb96tpihd512 1.44 mb135tpihd512 1.2 mb96tpihd512 .02IRS/MCC encourages trustees to use blank or currently formatted diskettes when preparing files. If extra- neous data follows the “C” Record, IRS/MCC will request a replacement file. .03IRS/MCC will onlyaccept 3 1/2- inch diskettes created using MS-DOS. .04 3 1/2-inch diskettes created on a System 36 or AS400 are notacceptable. .05 Transmitters should check media for viruses before submitting it to IRS/MCC. Sec. 6. Data Sequence Specifications .01In order to be acceptable, records within the file must be in the following sequence: (a)A Trustee “A” Record (b)Account Holder “B” Records (c)Control Total “C” Record .02If you are filing for more than one trustee, each trustee must be reported on a separate tape, tape cartridge, 8mm, 4mm, and QIC (Quarter Inch Cartridge) car- tridge or diskette. Sec. 7. The Trustee “A” Record- General Field Descriptions and Record Layout .01This record identifies the entity preparing and transmitting the file. The first record of a file MUST be a Trustee “A” Record, (preceded only by header la- bels, if any), and must appear on each tape and cartridge. Otherwise, the file will be returned for replacement. The “A” Record is a fixed length of 150 posi- tions. Record Name: Trustee “A” Record PositionsField TitleLengthDescription and Remarks 1Record Type1Required. Enter “A” 2–10Trustee TIN9Enter the Taxpayer Identification Number (TIN), either the Employer Identification Number (EIN) or the Social Security Number (SSN) of the Trustee. 11–50Trustee40Required. Enter the trustee’s name. Abbreviate if necessary to fit 40- Namecharacter limit. Omit punctuation if possible. Left-justify and blank fill. 51–90Trustee 40 Required. Enter mailing address of the trustee. Street address Addressshould include number, street, apartment or suite number (or P.O. Box if mail is not delivered to street address). Abbreviate as needed to fit 40- character limit. Omit punctuation if possible. Left-justify and blank fill. 91–119Trustee City29Required. Enter the city or town of trustee. If applicable, enter APO or FPO only. Left-justify and blank fill. 120-121Trustee State 2Required. Enter two-letter Post Office Code as shown in the list below ONLY. Do NOT spell out the state name. 2001–20 I.R.B.1177May 14, 2001 StateCodeStateCode StateCode AlabamaALKentucky KYOhioOH AlaskaAK LouisianaLAOklahomaOK American Samoa AS Maine MEOregonOR ArizonaAZMarshall Islands MH PennsylvaniaPA ArkansasARMarylandMDPuerto RicoPR CaliforniaCAMassachusettsMARhode IslandRI ColoradoCOMichiganMI South Carolina SC Connecticut CTMinnesota MN South Dakota SD Delaware DE Mississippi MS TennesseeTN District of Columbia DC Missouri MO Texas TX Federated States Montana MTUtah UT of Micronesia FM Nebraska NE VermontVT Florida FLNevada NVVirginia VA Georgia GANew Hampshire NH U.S.Virgin Islands VI Guam GU New Jersey NJ Washington WA Hawaii HI New Mexico NM West Virginia WV Idaho ID New York NYWisconsinWI Illinois ILNorth CarolinaNC Wyoming WY Indiana IN North Dakota ND Iowa IANorthern Kansas KS Mariana Islands MP NOTE: When reporting APO/FPO addresses use the following format: Example: NamePVT Willard J. Doe Street AddressCompany F, PSC Box 100 CityAPO (or FPO) *StateAE, AA, or AP ZIP Code098010100 *AE is the designation for ZIPs beginning with 090–098, AA for ZIP 340, and AP for ZIPs 962–966 Record Name: Trustee “A” Record (continued) PositionsField TitleLengthDescription and Remarks 122–130Trustee ZIP9Required. Enter the ZIP code of the trustee for all U.S. addresses, CodeU.S. territories or possessions, APO/FPO addresses. For trustees using a five-digit ZIP code, enter the ZIP code in the left-most five positions and zero fill the remaining four positions. For trustees outside the U.S., enter nine zeros only. Do NOT blank fill. 131–135Transmitter5Required. Enter your five-digit Transmitter (TCC) Control Code, Control Code“MSA01.” This is the TCC assigned to all filers who report Form(s) 8851 magnetically/electronically. 136Report Period1Required.Enter the last digit of the year for which the Form 8851 is being filed. For example, if reporting for tax year 2001, enter a ‘1’ (one), enter a ‘2’, if reporting for 2002, etc. Note: Currently, the filing requirement is for tax year 2001 only. If filing is required in the future, an announcement will be issued in an I.R. Bulletin. 137–148Blanks12Enter Blanks. 149–150Blanks or2Enter blanks or Carriage Return/Carriage Return/Line Line Feed (cr/lf)Feed(cr/lf). May 14, 200111782001–20 I.R.B. Trustee “A” Record Layout Record Type “A”Trustee TINTrustee NameTrustee AddressTrustee City 12–10 11–5051–9091–119 TrusteeTrusteeTransmitterReportBlanksBlanks or StateZIP CodeControl CodePeriodCarriage (TCC)Return / Line “MSA01”Feed 120–121 122–130131–135136137–148 149–150 Sec. 8. The Account Holder “B” Record - General Field Descriptions and Record Layout .01The “B” record contains the account holder information. The format of the “B” record will remain constant and is a fixed length of 150 positions. Record Name: Account Holder “B” Record PositionsField TitleLengthDescription and Remarks 1Record Type 1Required.Enter “B.” 2–10Account Holder’s9Required. Enter the nine-digit Taxpayer Identification Number (TIN) Identification(EIN or SSN) of the Account Holder. Do NOT enter blanks, hyphens, Number (TIN)or alpha characters. A TIN consisting of all the same digit (e.g., 111111111) is not acceptable. 11–50Account Holder40Required.Enter the name of the account holder. Abbreviate as need- Nameed Left justify and blank fill. 51Previously1Required.Enter a code from the list below to indicate whether or not Uninsuredthe account holder was previously uninsured. For a definition of Indicator“Previously Uninsured”, please see Form 8851. ConditionCode Previously uninsured1 Previously insured 0 52Excludable1Required. Enter a code from the list below to indicate whether the Indicatoraccount holder is excludable. For a definition see Form 8851. ConditionCode Excludable 1 Not excludable 0 53–148Blanks96Enter blanks. 149–150Blank or Carriage2Enter blanks or carriage return/line feed (CR/LF). Return/Line Feed Account Holder “B” Record Layout Record Type “B”Account Holder TINAccount Holder Name Previously Uninsured Indicator 12–1011–5051 Excludable IndicatorBlanksBlanks or Carriage Return/ Line Feed 5253–148149–150 Sec. 9. The Control Total “C” Record-General Field Descriptions and Record Layout .01Enter a “C” Record after the last “B” Record submitted for a particular Trustee “A” Record. The “C” Record serves as a sum- mary of the preceding “B” Records’ data, and enables IRS to cross check the correctness of information received. .02A “C” Record may only be followed by “B” Records reported for a trustee, or by a tape mark and/or trailer label when more reels follow this reel. The “C” Record can be the last record on the file. .03Each “C” Record has a fixed length of 150 positions. .04If the field is not applicable, allow for the field by entering blanks or zeros as instructed. 2001–20 I.R.B.1179May 14, 2001 Part C. Electronic Filing Specifications Sec. 1. Background .01 All electronic filing of information returns are received at IRS/MCC via the FIRE (Filing Information Returns Elec- tronically) System. The FIRE System can be accessed via analog and ISDN BRI connections. The system is designed to support the electronic filing of informa- tion returns only. The telephone number for electronic filing is (304-262-2400). Sec. 2. Advantages of Filing Electronically Some of the advantages of filing electron- ically are as follows: (1)Results available within 10 workdays regarding the accept- ability of the data transmitted. It is the filer’s responsibility to dial back in and check results. (2) Allows more attempts than mag- netic media filing to replace bad files within a specific time frame. (3) Better customer service due to on-line availability of transmit- ter’s files for research purposes. Sec. 3. General .01Electronic filing of Forms 1098, 1099, 5498, 8851, 1042–S, 8027, Ques- tionable W-4s (QWF) and W-2G, origi- nals, and replacements of information re- turns is offered as an alternative to magnetic media (tape, tape cartridge, or diskette) or paper filing, but is not a re- quirement. Transmitters filing electroni- cally will fulfill the magnetic media re- quirements for those payers who are required to file magnetically. It may also be used by payers who are under the filing threshold requirement, but would prefer to file their information returns electroni- cally. If the original file was sent magnet- ically, but IRS/MCC has requested a re- placement file, the replacement may be transmitted electronically. .02The electronic filing of information returns is not affiliated with the Form 1040 electronic filing program. These two programs are totally independent, and filers must obtain separate approval to participate in each of them. All inquiries concerning the electronic filing of infor- mation returns should be directed to IRS/MCC. IRS/MCC personnel cannot answer questions or assist taxpayers in the filing of Form 1040 and will direct tax- payers, to the Customer Service toll-free number (1-800-829-1040). .03Files submitted to IRS/MCC elec- tronically must be in standard ASCII code. No magnetic media or paper forms are to be submitted with the same infor- mation as the electronically submitted file. .04The formats of the “A”, “B”, and “C” records are the same for electroni- cally filed records as they are for mag- netic media, and must be in standard ASCII code. For electronically filed doc- uments, each transmission is considered a separate file; therefore, each transmission mustbegin with a Trustee “A” Record and end with a Control Total “C” Record. Sec. 4. Electronic Filing Approval Procedure .01Filers must send a Form 8851 to IRS/MCC priorto filing the Form(s) Record Name: Control Total “C” Record PositionsField TitleLengthDescription and Remarks 1Record Type1 Required.Enter “C”. 2–7Number of 6 Required.Enter the total number of account holders being reported. Account Holders Right justify and zero fill. 8–13Previously6 Enter the total number of account holders that were previously unin- Uninsuredsured. Right justify and zero fill. 14–19Excludable6 Enter the total number of excludable account holders being reported. Right justify and zero fill. 20–148Blanks129 Enter blanks. 149–150Blank or Carriage 2 Enter blanks or carriage return/line feed (CR/LF). Return/Line Feed “C” Record Layout Record Type “C”Number of Account HoldersPreviously UninsuredExcludable 12–78–1314–19 BlanksBlanks or Carriage Return/Line Feed (CR/LF) 20-148 149–150 May 14, 200111802001–20 I.R.B. 8851 electronically. Only trustee infor- mation should be provided on the Form 8851 when filing electronically. Please annotate the Form 8851 with “Electronic Filing” to indicate the method of filing. The Form 8851 may also be faxed to IRS/MCC in order to expedite electronic processing. The fax number is (304) 264- 5602. .02Electronic filers assign their own logon name and password and do not need prior or special approval. .03For all passwords, it is the user’s responsibility to remember the password and not allow the password to be compro- mised. Passwords are user assigned at first logon and are up to 8 alpha/numerics, which are case sensitive. However, if filers forget their password, call 304-263- 8700for assistance. The FIRE System will require users to change their pass- words on a yearly basis. Sec. 5. Electronic Submissions .01Electronically filed information may be submitted to IRS/MCC 24 hours a day, 7 days a week. Technical assistance will be available Monday through Friday between 8:30 a.m. and 4:30 p.m. Eastern time by calling 304-263-8700. .02Files submitted electronically will be assigned a unique filename by the FIRE System (the users may name files any- thing they choose from their end). The filename assigned by the FIRE System will consist of submission type [ORIG (origi- nal), and REPL (replacement)], the filer’s TCC and a four digit number sequence. The sequence number will be incremented for every file sent. For example, if it is your first original file for the calendar year and your TCC is 44444, the IRS assigned filename would be ORIG.44444.0001. Record the filename. This information will be needed by MCC to identify the file, if assistance is required. .03 Filers are advised not to resubmit an entire file if records were omitted from the original transmission. This will result in duplicate filing. A new file should be sent consisting of the records that had not previously been submitted. .04The TCC in the Trustee “A” Record must be the TCC used to transmit the file; otherwise, the file will be consid- ered an error. Sec. 6. Electronic Filing Specifications .01The FIRE System is designed ex- clusively for the filing of Forms 1042–S, 1098, 1099, 5498, 8027, 8851, W-2G and Questionable W-4s. .02A transmitter must call IRS/MCC regarding the TCC and EIN to be used on the FIRE System for Form 8851. .03The results of the electronic trans- mission of Form 8851 will be available in the File Status area of the FIRE System within 10 business days. It is the filer’s responsibility to dial back to verify the ac- ceptability of files submitted by checking the file status area of the system. These reports will be available on the electronic system in 10 workdays after the transmis- sion is received by IRS/MCC. .04Connect to the FIRE System by dialing 304-262-2400.This number sup- ports analog connections from 1200bps to 56Kbps or ISDN BRI 128Kbps. The sys- tem can be accessed via Dial-up net- work/web browser (see Section 9)or communications software (see Section 10). The Dial-up network/web browser (point-to-point) will provide an Internet- like look, however, it is not the Internet. If you do not have this capability, a text interface is provided that can be accessed via communication software such as Hy- perterminal, Procomm, PCAnywhere, etc. Sec. 7. Dial-up Network/Browser Specifications (Web Interface) .01 The following are some general in- structions (many of these settings may al- ready be set by default in your software): Dial-up network settings: (a) Set dial-up server type to PPP (b)Set network protocol to TCP/IP (c)Disable software compression (d)Disable PPP-LCP extensions Browser settings: (a) Browser must be capable of file uploads (i.e., Internet Explorer 4.0, Netscape 2.0 or higher) (b) Enter the URL address of http://10.225.224.2 , after you have connected via dial-up (Re- member, this is a point-to-point connection, not the Internet.) .02Due to the large number of commu- nication products available, it is impossible to provide specific information on all soft- ware/hardware configurations. However, since most filers use Windows 95, 98, NT, 2000, or ME software (more current ver- sions are similar), the following instruc- tions are geared toward those products: UPLOADING FILES WITH DIAL-UP NETWORKING/WEB BROWSER IN WINDOWS 95/98/2000/ME Tips (1) This is a point-to-point connection – not the Internet. (2) Your browser must be capable of file uploads, i.e., Internet Explorer 4.0 or Netscape Navigator 2.0 or higher. (3) If you currently access the Internet via a LAN or a PROXY server, you will need to disable those options in your browser and enable ‘Connect to the Internet using a modem’. SelectPrograms Accessories Communications (Windows 98) Dial-Up Networking First time connecting with Dial-Up Net - work(If you have logged on previously, skip to Subsequent Dial-up Network Con- nections.) The first time you dial-in, you will need to configure your Dial-Up Networking. Select ‘Make new connection’. Type a descriptive name for the system you are calling. Select your modem. Click ‘Next’. Enter area code 304 and telephone number262-2400. Click ‘Next’. When you receive a message that you have successfully cre- ated a new Dial-Up Networking connection, click‘Finish’. Click ‘Connect’ to dial. If you are prompted for a user name and password, complete accord- ing to local procedures; other- wise, click ‘OK’. When you receive the message that you have connected to our system, click on your Web Browser (remember, it is not connecting via the Internet – this is a point-to-point con- nection). 2001–20 I.R.B.1181May 14, 2001 In the URL Address enter http://10.225.224.2and press ENTER. Subsequent Dial-Up Network connections Click ‘Connect’. If prompted for user name and password, complete according to local procedures; otherwise, click ‘OK’. When you receive ‘Connection Complete’, click ‘OK’. Click on your Web Browser (re- member, you are not connect- ing via the Internet). In the URL Address enter http://10.225.224.2and press ENTER. First time connection to the FIRE System (If you have logged on previously, skip to Subsequent Connections to the FIRE System.) Click ‘Create New Account’. Fill out the registration form and click ‘Create’. Enter your logon name(most users logon with their first and last name). Enter your password(the pass word is user assigned and is case sensitive). Click ‘Create’. If you receive the message ‘ac- count created’, click ‘OK’. Click ‘Start the FIRE Application’ Subsequent connections to the FIRE System Click ‘Log On’. Enter yourlogon name(most users logon with their first and last name). Enter your password(the pass word is user assigned and is case sensitive). At Menu Options: Click ‘Information Returns’ Enter your TCC: Enter your EIN: Click ‘Submit’. The system will then display the company name, address, city, state, ZIP code, contact and phone num- ber. This information will be used to contact or send any correspondence regarding this transmission. Update as appropriate and/or click ‘Accept’. Click one of the following: Original File Replacement File(if you select this option, select one of the fol- lowing): FIRE Replacement (file was originally transmitted on this system) Click file to be replaced or Magnetic Media Replacement File Enter the alpha character from Form 9267, Media Tracking Slip, that was returned with your correspondence request- ing a replacement file. Click ‘Submit’. Enter the drive/path/filename of the file you want to upload or click ‘Browse’to locate the file. Click ‘Upload’. When the upload is complete, the screen will display the total bytes received and the IRS assigned file name. If you have more files to upload for that TCC: Click ‘File Another’; other- wise, Click ‘Back to Main Menu’. It is your responsibility to check the acceptability of your file; therefore, be sure to dial back into the system in 10 business days. To check the acceptability of a previ- ously submitted file: At the Main Menu: Click ‘File Stats’ Enter your TCC: Enter your EIN: Click on the appropriate filename to get results. If ‘Results’ indicate: ‘File Good’and you agree with the ‘Count of Payees’ you are finished with this file. (If you do not want the file processed, you must contact IRS/MCC with 10 days.) ‘File Bad’- Correct the errors and resubmit the file as a ‘replace- ment’. ‘Not Yet Processed’- File has been received, but results are not available. Please recheck in sev- eral days. Click on the desired file for a de- tailed report of your transmis- sion. When finished viewing your files, click on ‘Main Menu’. Click ‘Log Off’. Close your Web Browser. IMPOR TANT Go back into your Dial-Up Network and click ‘hang-up’; otherwise, you may stay connected and incur unnecessary phone charges. Sec. 8. Communication Software Specifications (Text Interface) .01Communications software settings must be: – No parity – Eight data bits – One stop bit .02 Terminal Emulation must be VT100. .03Due to the large number of commu- nication products available, it is impossi- ble to provide specific information on all software/hardware configurations. How- ever, since filers use Windows 95, 98, NT, 2000, or ME software, the following in- structions are most compatible with those products (Procomm, PCAnywhere and many other communications packages are also acceptable and the product does not necessarily need to be Windows based.) Uploading Files Using Hyper terminal in Windows 95, 98, NT, 2000, or ME SelectPrograms Accessories Communications (Windows 98) Hyperterminal The first time you log on, select Hyperterminal, Hypertermor Hyperterm.exe, whichever is avail- able on your system. With subsequent connections, select the saved icon. May 14, 200111822001–20 I.R.B. A box will appear titled ‘Connection Description’. Enter a name and choose an icon for the connection: Country Code: United States of America Area Code: 304 Phone Number: 262-2400 Connect Using: (default) (If you need to modify the phone number, select File,then Properties to enter defaults for the area code, phone numbers and/or special access codes.) Click on Dial. A ‘Connect’ box will appear to show the status. Once you have connected to the FIRE System, if you do not get a menu within a few seconds, press the ENTERkey one time. First Time Logon When you have connected to the system, enter ‘new’ to create your logon name and password. Complete the registration infor- mation and enter ‘y’ to create ac- count. Logon Name and Password Logon Name: Enter a logon name. Most users enter their first and last name as the logon name. Password: Enter a password of your choosing (1-8 alpha/numer- ics - case sensitive). After entering the password, you will go to the Main Menu. Transferring Your Electronic File Enter ‘A’for Electronic Filing. After reading Information Notice, pressENTER. Enter ‘A’ for Forms 1098, 1099, 5498, W-2G, 1042–S, 8027, 8851, and Questionable Forms W-4. Press the Tab key to advance to TCC box; otherwise, enter ‘E’to exit. Enter your TCC: Enter your EIN: The system will then display the company name, address, city, state, ZIP code, and phone num- ber. This information will be used for correspondence regarding this transmission. If you need to up- date, enter ‘n’ to change informa- tion; otherwise, enter ‘y’ to accept. Select one of the following: ‘A’ for an Original file ‘B’ for a Replacement file If you selected ‘B’ for a replacement file, select one of the following: ‘A’ Replacement Files For This System This option is to replace an original file that was submit- ted electronically on this sys- tem but was bad and requires replacement. Select the file to be replaced. or ‘B’ Magnetic media replacement files Enter the alpha character from Form 9267, Media Tracking Slip, that was sent with the correspondence re- questing a replacement file. Choose one of the following proto- cols (Hyperterminal is normally set to Zmodem by default): X- Xmodem Y- Ymodem Z- Zmodem (Zmodem will nor- mally give you the fastest transfer rate.) At this point, you must start the up- load from your PC. To send a file: Go to the hyperterminal menu bar. Click on Transfer. Click on Send file. A box will appear titled ‘Send File’. Enter the drive/path/filename or click on Browseto locate your file. Click on Send. When the upload is complete, the screen will display the total bytes received and the IRS assigned file name. Press ENTERto continue. If you have more files to send for the same TCC/EIN, enter ‘y’; otherwise, enter ‘n’. It is your responsibility to check the acceptability of your file; therefore, be sure to dial back into the system in 10 business days. To check the acceptability of a previous- ly submitted file: At the Main Menu: Enter ‘B’ for file status. Press the Tab key to advance to TCC box; otherwise, enter ‘E’ to exit. Enter your TCC: Enter your EIN: Choose the appropriate option. Tab to the file you want to look at and press ENTER. If ‘Results’ indicate: ‘File Good’and you agree with the ‘Count of Payees’ you are finished with this file. (If you do not want the file processed, you must contact IRS/MCC within 10 days.) ‘File Bad’- Correct the errors and resubmit the file as a replacement. ‘Not Yet Processed’- File has been received, results are not available. Please recheck in several days. When you are finished, enter ‘E’ from the ‘Main Menu’ to logoff. Enter ‘2’ to hang-up. Sec. 9. Modem Configuration .01Hardware features (a)Enable hardware flow control (b)Enable modem error control (c)Enable modem compression 2001–20 I.R.B.1183May 14, 2001 Advance Notice of Proposed Rulemaking New Markets Tax Credit Announcement 2001–49 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Advance notice of proposed rulemaking. SUMMARY: This document invites com- ments from the public on issues that the IRS may address in regulations relating to the new markets tax credit under section 45D. A taxpayer that makes a qualified equity investment in a qualified commu- nity development entity that has received a new markets tax credit allocation may claim a 5-percent credit for each of the first 3 years and a 6-percent tax credit for each of the next 4 years. All materials submitted will be available for public inspection and copying. DATES: Written and electronic com- ments must be submitted by July 2, 2001 ADDRESSES: Send submissions to: CC:M&SP:RU (REG-119436-01), room 5226, Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand delivered Monday through Friday between the hours of 8 a.m. and 5 p.m. to: CC:M&SP:RU (REG-119436 -01), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC. Alternatively, taxpayers may send submissions electronically via the Internet by selecting the “Tax Regs” option on the IRS Home Page, or directly to the IRS Internet site at http://www.irs.ustreas.gov/tax_regs/regsli st.html. FOR FURTHER INFORMATION CON- TACT: Concerning submissions, the Regulations Unit, (202) 622-7180; con- cerning the proposals, Paul Handleman (202) 622-3040 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Section 121(a) of the Community Renewal Tax Relief Act of 2000 (Public Law 106-554) (Act), amended the Internal Revenue Code (Code) to add the new mar- kets tax credit. Section 45D(a)(1) of the Code provides a new markets tax credit on a credit allowance date in an amount equal to the applicable percentage of the taxpay- er’s qualified equity investment in a quali- fied community development entity (CDE). The credit allowance date for any qualified equity investment is the date on which the investment is initially made and each of the 6 anniversary dates thereafter. The applica- ble percentage is 5 percent for the first 3 credit allowance dates and 6 percent for the remaining credit allowance dates. In addition, section 121(f) of the Act provides that not later than 120 days after the date of the enactment of the Act (Dec. 21, 2000), Treasury will issue guidance specifying how entities will apply for an allocation under section 45D(f)(2); the competitive procedure through which the allocations are made; and the actions that Treasury will take to ensure that the allo- cations are properly made to appropriate entities. The Secretary of the Treasury has delegated authority for issuing this guidance to the Under Secretary (Domestic Finance), who in turn has dele- gated the authority to the Director of Treasury’s Community Development Financial Institutions Fund (Fund). Simultaneously with the issuance of this advance notice of proposed rulemaking, the Fund is issuing separate guidance on how an entity may apply to become certi- fied as a CDE; how a CDE may apply to receive an allocation of new markets tax credits; the competitive procedure through which the allocations will be made; and the actions that Treasury will take to ensure that the allocations are properly made to appropriate entities. In developing guidance to assist tax- payers in applying the rules of section 45D, the IRS has identified certain issues that may be considered for guidance or other administrative pronouncements. The IRS invites comments from the pub- lic on the following issues and any other issues for which taxpayers believe guid- ance is needed. 1. The new markets tax credit may be claimed only with respect to qualified equity investments in a CDE. Section 45D(b)(1)(B) requires CDEs to use sub- stantially all of the cash from a qualified equity investment to make qualified low- income community investments. (a) How should “substantially all” be defined for purposes of section 45D(b)(1)(B)? For example, what per- centage should constitute “substantially all” of the cash from a qualified equity investment? (b) What amounts should be treated as used to make qualified low-income community investments? For example, how should issuance costs (including underwriter’s compensation) and reserves be treated? (c) How much time under section 45D(b)(1)(B) should a CDE have to invest the cash from a qualified equity investment in a qualified low-income community investment? (d) How should repayments of equity or principal in respect of a qualified low- income community investment be treated for purposes of section 45D(b)(1)(B)? For example, are there circumstances when a CDE should not be required to reinvest any such amounts in another qualified low-income community investment during the 7-year credit period? (e) How should the “substantially all” requirement under section 45D(b)(1)(B) be administered during the 7-year credit period? 2. Section 45D(b)(3) contains a safe harbor under which the “substantially all” requirement of section 45D(b)(1)(B) will be treated as met if at least 85 percent of the aggregate gross assets of the CDE are invested in qualified low-income commu- nity investments. (a) How should “aggregate gross assets” be defined under section 45D(b)(3)? For example, are there any assets of a CDE that should not be taken into account for these purposes? (b) How should the aggregate gross assets of a CDE be determined under sec- tion 45D(b)(3)? (c) How should compliance with the 85 percent test of section 45D(b)(3) be determined? For example, should the CDE be required to satisfy the test throughout the entire 7-year credit period following the issuance of a qualified equi- ty investment? Should any grace periods be provided? If so, what should those grace periods be? 3. As indicated previously, section 45D(b)(1)(B) requires CDEs to use sub- Part IV. Items of General Interest May 14, 200111842001–20 I.R.B. stantially all of the cash with respect to a qualified equity investment to make quali- fied low-income community investments. Under section 45D(d)(1)(A), the term “qualified low-income community invest- ment” includes any capital or equity invest- ment in, or loan to, any qualified active low-income community business. Section 45D(d)(2)(A) provides that the term “qual- ified active low-income community busi- ness” means, with respect to any taxable year, any corporation (including a non- profit corporation) or partnership if for the year (i) at least 50 percent of the total gross income of the entity is derived from the active conduct of a qualified business (as defined in section 45D(d)(3)) within any low-income community, (ii) a substantial portion of the use of the tangible property of the entity is within any low-income community, (iii) a substantial portion of the services performed for the entity by its employees is performed in any low-income community, (iv) less than 5 percent of the average of the aggregate unadjusted bases of the property of the entity is attributable to collectibles (as defined in section 408(m)(2)) other than collectibles that are held primarily for sale to customers in the ordinary course of the business, and (v) less than 5 percent of the average of the aggregate unadjusted bases of the property of the entity is attributable to nonqualified financial property (as defined in section 1397C(e)). (a) How should “substantial portion” be defined for purposes of section 45D(d)(2)(A)(ii) and (iii)? (b) When should the determination be made regarding whether a trade or business constitutes a “qualified active low-income community business”? For example, should the determination be made at the time of the investment in the business based on reasonable expecta- tions? Under what circumstances, if any, should an investment in a business lose its status as a “qualified low-income commu- nity investment” under section 45D(d)(1)(A) by reason of a failure of the business to satisfy the requirements for a qualified active low-income community business under section 45D(d)(2)? Should the degree of control of the CDE over the business be relevant to this deter- mination? (c) Should special rules be provided under section 45D(d)(2)(A) for determin- ing whether a newly-formed entity meets the requirements for a qualified active low-income community business? 4. Section 45D(d)(1)(C) provides that the term “qualified low-income communi- ty investment” includes financial counsel- ing and other services to businesses locat- ed in, and residents of, low-income communities. What types of services should constitute “financial counseling and other services” for these purposes? 5. Section 45D(d)(1)(D) provides that the term “qualified low-income communi- ty investment” includes any equity invest- ment in, or loan, to a CDE. (a) What restrictions, if any, should apply to the use by a CDE of the proceeds of a qualified low-income community investment received from another CDE? (b) Under what circumstances, if any, should an investment by one CDE in another CDE lose its status as a “qualified low-income community investment” under section 45D(d)(1)(D)? Should the degree of control of the investing CDE over the other CDE be relevant to this determination? 6. Under section 45D(g)(3)(B), a recapture event (requiring an investor to recapture credits previously taken) may occur with respect to an equity investment in a CDE if the CDE ceases to use sub- stantially all of the proceeds of the equity investment for qualified low-income com- munity investments. (a) What circumstances should con- stitute a change in use of the proceeds of a qualified equity investment that triggers a recapture event under section 45D(g)(3)(B)? (b) What remedial action(s), if any, should a CDE be permitted to take to avoid recapture under section 45D(g)(3)(B)? 7. Section 45D(i)(1) provides that Treasury may prescribe regulations that limit the new markets tax credit for investments that are directly or indirectly subsidized by other Federal tax benefits (including the low-income housing tax credit under section 42 and the exclusion from gross income under section 103). Under what circumstances should invest- ments be treated as directly or indirectly subsidized by other Federal tax benefits? 8. Section 45D(i)(2) and (4) provides that Treasury may prescribe regulations that prevent the abuse of the purposes of section 45D and that impose appropriate reporting requirements. (a) What anti-abuse rules may be necessary for carrying out section 45D? (b) What types of reporting require- ments should be imposed for carrying out section 45D? Marlene Gross, Deputy Associate Chief Counsel (Passthroughs and Special Industries). (Filed by the Office of the Federal Register on April 30, 2001, 8:45 a.m., and published in the issue of the Federal Register for May 1, 2001, 66 F.R. 21843) Guidance on Reporting of Deposit Interest Paid to Nonresident Aliens; Correction Announcement 2001-50 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to notice of pro- posed rulemaking and notice of public hearing. SUMMARY: This document contains corrections to REG-126100-00 (2001-11 I.R.B. 862), which was published in the Federal Registeron Wednesday, January 17, 2001 (66 FR 3925). These regulations provide guidance on the reporting re- quirements for interest on deposits main- tained at the U.S. office of certain finan- cial institutions and paid to nonresident alien individuals. FOR FURTHER INFORMATION CON- TACT: Kate Y. Hwa (202) 622-3840 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The notice of proposed rulemaking and notice of public hearing that is the subject of these corrections is under section 6049 of the Internal Revenue Code. Need for Correction As published, REG-126100-00 con- tains errors which may prove to be mis- leading and are in need of clarification. 1. On page 3927, column 1, in the pre- amble, under the paragraph heading “Comments and Public Hearing”, second 2001–20 I.R.B.1185May 14, 2001 paragraph, line 2, the language “for March 31, 2001, beginning at 10 a.m.” is corrected to read “for March 21, 2001, be- ginning at 10 a.m.”. §1.6049-4 [Corrected] 2. On page 3927, column 3, §1.6049- 4(b)(5)(ii), lines 5 through 8, the lan- guage “published in the Federal Register with respect to a Form W-8 (Certificate of Foreign Status) furnished to the payor or middleman after that date. (For interest” is corrected to read “published in the Fed- eral Register. (For interest”. Cynthia Grigsby, Chief, Regulations Unit, Office of Special Counsel (Modernization & Strategic Planning). (Filed by the Office of the Federal Register on March 20, 2001, 8:45 a.m., and published in the issue of the Federal Register for March 21, 2001, 66 F.R. 15820) Stock Transfer Rules: Carryover of Earnings and Taxes; Correction Announcement 2001-51 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to notice of pro- posed rulemaking and notice of public hearing. SUMMARY: This document contains corrections to a notice of proposed rule- making and notice of public hearing (REG-116050-99, 2000-48 I.R.B. 520) that was published in the Federal Regis- teron Wednesday, November 15, 2000 (65 FR 69138), relating to the carryover of certain tax attributes, such as earnings and profits and foreign income tax ac- counts, when two corporations combine in a section 367(b) transaction. FOR FURTHER INFORMATION CON- TACT: Anne O’Connell Devereaux (202) 622-3850 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The notice of proposed rulemaking and notice of public hearing (REG-116050- 99) that is the subject of these corrections is under section 367 of the Internal Rev- enue Code. Need for Correction As published the notice of proposed rulemaking and notice of public hearing (REG-116050-99), contains errors that may prove to be misleading and are in need of clarification. Correction of Publication Accordingly, the publication of the no- tice of proposed rulemaking and notice of public hearing (REG-116050-99), which was the subject of FR Doc. 00-28950, is corrected as follows: 1. On page 69139, column 3, in the preamble under the paragraph heading C. Specific Policies Related to Foreign 381 Transactions (Prop. Reg. §1.367(b)-7), first full paragraph in the column, line 6, the language “corporation as defined in section 957” is corrected to read “corpo- ration as defined in section 953 or 957”. 2. On page 69140, column 3, in the preamble under the paragraph heading C. Specific Policies Related to Foreign 381 Transactions (Prop. Reg. §1.367(b)-7), the first full paragraph, the last 2 lines, the language “opportunities to traffic in for- eign tax credits.” is corrected to read “op- portunities to traffic in foreign taxes”. §1.367(b)-3 [Corrected] 3. On page 69149, column 3, §1.367(b)-3(f), last line in the column, the language “specifically provided (see, e.g., 89-79” is corrected to read “specifi- cally provided (see, e.g., Notice 89-79”. §1.367(b)-8 [Corrected] 4. On page 69176, §1.367(b)-8(d)(6), paragraph (ii)(D) of Example 3, the table is corrected to read as follows: §1.367(b)-8 Allocation of earnings and profits and foreign income taxes in certain foreign corporate separations. * * * * * (d) * * * (6) * * * Example 3. * * * (ii) * * * (D) * * * Separate categoryE&PForeign taxes General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .150u$30 Shipping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100u40 250u70 * * * * * 5. On page 69176, column 1, §1.367(b)-8(d)(6), paragraph (ii)(E) of Example 3, line 12, the language “stock to $525. Because the fair market value” is corrected to read “stock to $425. Because the fair market value”. 6. On page 69176, column 1, §1.367(b)-8(d)(6), paragraph (ii)(E) of Example 3, the last line in the column pre- ceding the second table, the language “$75. See also paragraph (d)(2)(iii)(C) of this” is corrected to read “$175. See also paragraph (d)(2)(iii)(C) of this”. 7. On page 69178, column 3, §1.367(b)-8(e)(6), paragraph (ii)(B) of Example 2., lines 5 through 9 from the bottom of the paragraph, the language “shipping separate category (along with $50 of foreign income taxes) and 166.67u (200u-(100u x (200u 4600u))) of available earnings in the section 904(d)(1)(D) shipping separate category (along with $80 of foreign income” is corrected to read “shipping separate cat- egory (along with $80 of foreign in- come”. May 14, 200111862001–20 I.R.B. Cynthia E. Grigsby, Chief, Regulations Unit, Office of Special Counsel (Modernization & Strategic Planning). (Filed by the Office of the Federal Register on March 9, 2001, 8:45 a.m., and published in the issue of the Federal Register for March 12, 2001, 66 F.R. 14350) Exclusion of Gain From Sale or Exchange of a Principal Residence; Correction Announcement 2001-52 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to notice of pro- posed rulemaking and notice of public hearing. SUMMARY: This document contains corrections to a notice of proposed rule- making and notice of public hearing (REG-105235-99, 2000-44 I.R.B. 447) that was published in the Federal Regis- teron Tuesday, October 10, 2000 (65 FR 60136), relating to the exclusion of gain from the sale or exchange of taxpayer’s principal residence. FOR FURTHER INFORMATION CON- TACT: Sara P. Shepherd at (202) 622- 4910 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The notice of proposed rulemaking and notice of public hearing that is the subject of these corrections is under section 121 of the Internal Revenue Code. Need for Correction As published, the notice of proposed rulemaking and notice of public hearing contains errors that may prove to be mis- leading and are in need of clarification. Correction of Publication Accordingly, the publication of the no- tice of proposed rulemaking and notice of public hearing (REG-105235-99), that was the subject of FR Doc. 00-25482, is corrected as follows: §1.121-1 [Corrected] 1. On page 60139, column 1, §1.121-1, paragraph (f), Example 9, third line from the bottom of the paragraph, the language “$5,000 of which adjusted net capital gain). J” is corrected to read “$5,000 of which is adjusted net capital gain). J”. §1.121-2 [Corrected] 2. On page 60139, column 2, §1.121-2, paragraph (b)(3), Example 1, line three, the language “sale is $256,000. A and B meet the” is corrected to read “sale is $256,000. H and W meet the”. Cynthia E. Grigsby, Chief, Regulations Unit, Office of Special Counsel (Modernization and Strategic Planning). (Filed by the Office of the Federal Register on March 12, 2001, 8:45 a.m., and published in the issue of the Federal Register for March 13, 2001, 66 F.R. 14512) Purchase Price Allocation in Deemed and Actual Asset Acquisitions; Correction Announcement 2001-53 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to final regulations. SUMMARY: This document contains corrections to final regulations (T.D. 8940, 2001-15 I.R.B. 1016) relating to deemed and actual asset acquisitions under sections 338 and 1060. The final regulations were published in the Federal Registeron Tuesday, February 13, 2001 (66 FR 9925). DATES: This correction is effective March 16, 2001. FOR FURTHER INFORMATION CON- TACT: Richard Starke (202) 622-7790 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations that are the subject of these corrections are under sections 338 and 1060 of the Internal Revenue Code. Need for Correction As published, the final regulations con- tain an error that may prove to be mis- leading and is in need of clarification. Correction of Publication Accordingly, the publication of the final regulations (T.D. 8940), that were the subject of FR Doc. 01-981, is cor- rected as follows: 1. On page 9929, in the table, the entry for §1.197-2(k), Example 23is corrected to read as follows: Section RemoveAdd * * * * * * * * * ** * * * * 1.197-2(k), Example 23, paragraph (iv)(as these terms are defined(as these terms are defined in first sentence in §1.338-1(c)(13))§1.338-2(c)(17)) * * * * ** * * * ** * * * * 2001–20 I.R.B.1187May 14, 2001 §1.338-3 [Corrected] 2. On page 9935, column 3, §1.338-3, paragraph (b)(3)(iv), paragraph (ii) of Example 1., line 9 from the bottom of the paragraph, the language “338(h)(3) (A)(iii). See §1.338-2(b)(3)(ii)(C).” is corrected to read “338(h)(3)(A)(iii). See §1.338-3(b)(3)(ii)(C)”. §1.338-6 [Corrected] 3. On page 9944, column 3, §1.338-6, paragraph (d), paragraph (ix) of Example 1 line 1, the language “The liabilities of T as of the beginning” is corrected to read “The liabilities of T1 as of the beginning”. Cynthia E. Grigsby, Chief, Regulations Unit, Office of Special Counsel (Modernization and Strategic Planning). (Filed by the Office of the Federal Register on March 29, 2001, 8:45 a.m., and published in the issue of the Federal Register for March 30, 2001, 66 F.R. 17362) Foundations Status of Certain Organizations Announcement 2001–57 The following organizations have failed to establish or have been unable to maintain their status as public charities or as operat- ing foundations. Accordingly, grantors and contributors may not, after this date, rely on previous rulings or designations in the Cu- mulative List of Organizations (Publication 78), or on the presumption arising from the filing of notices under section 508(b) of the Code. This listing does notindicate that the organizations have lost their status as orga- nizations described in section 501(c)(3), eli- gible to receive deductible contributions. Former Public Charities.The following organizations (which have been treated as organizations that are not private founda- tions described in section 509(a) of the Code) are now classified as private foun- dations: 13th and Pendleton Arts Center, Fruitland, NM Acon Bridging the Gap, Laguna Niguel, CA Adoption Resource Center, Long Beach, CA Aids Food Store, Inc., Long Beach, CA Alternatives for Battered Women, Columbus, OH American Association of Laboratory Animal Science-Southern Ohio Branch, Milford, OH American Friends of Religious Freedom in Israel Hemdat Afrf, Inc., Palm Springs, CA American Indian Movement Confederation of Autonomous, Anaheim, CA American Senior Theatre Company, Mt. Vernon, OH Anaheim Amateur Hockey Association, Huntington Beach, CA Andres Rojas Memorial Fund, Chula Vista, CA Angelus Plaza East, Inc., Long Beach, CA Animal Sanctuary, Franklin, OH An-Nasr Social Services Center, Inc., Jacksonville, FL Anndorr Incorporation, Pacific Palisades, CA Any Body Can Youth Resorts Foundation, San Diego, CA Appleseed Childcare Center, Inc., Mansfield, OH Artability Artists, Long Beach, CA As He is Ministries, Redondo Beach, CA Association to Broaden Learning Experiences, Inc., Huber Hts., OH Assumption Alumnae Association Abroad of Southern California, San Pedro, CA Autism Coalition for Creative Educational & Social Services, Irvine, CA Avondale Coalition of Churches, Cincinnati, OH Awakening Hand in Hand Forever, San Diego, CA Baptist Ministries United of San Diego, San Diego, CA Barberton Youth Football Association, Barberton, OH Basic Re-Education Against Violent Environments, San Diego, CA Beacon Glenn Resident Counsel, Cincinnati, OH Bernice Troy Home, Columbus, OH Bethel Foster Family Agency, Covina, CA Blue Chip Figure Skating Association, Cincinnati, OH Blue Waters Festival, San Diego, CA Bombrule Association, Riverside, CA Boyds Hot Rod & Harley Extravaganza, La Habra Hgts., CA Braasch Ministries, Inc., Tulsa, OK Bridge Development Center, Long Beach, CA Brighter Future Maternity Home, Inc., Cleveland, OH Buena Park-So Cal Judo-Wrestling Club, Buena Park, CA Butch Reynolds Care for Kids Foundation, Columbus, OH Cabbage Patch Kids Daycare Center, Inc., Marrero, LA California Council Physical Fitness & Sports, Irvine, CA California Institute for Enhanced Learning Outcomes, Carlsbad, CA California Neuropsychological Institute, San Diego, CA California Senior Drivers Association, Inc., Orange, CA Camden Recreation Association, Inc., Camden, OH Capitol Ballet Studio, Inc., Washington, DC Care for our Lords Animals, Palm Desert, CA Caring Resource Center, Inc., Springfield, OH Carol Madden Scholarship Fund of Seasons, Inc., Cincinnati, OH Castine Area Food Bank, Inc., Arcanum, OH Cavitenos of Southern California USA, Cerritos, CA Cavu Foundation, Rocky River, OH Cbc Enterprises, Cincinnati, OH Celebrity Corps, Lakewood, CA Center for American Ingenuity, Carmel, CA Center for Historical Analysis, Huntington Beach, CA Center for Perinatal and Family Support, Cleveland, OH Century Care Foundation, Santa Ana, CA Chapel Ridge Botanical Gardens, Inc., S. Bloomingville, OH Charity Without Borders, Inc., Garden Grove, CA Cherry Grove Gardens, Inc., Lancaster, OH Christ Emmanuel Ministries, Inc., Cincinnati, OH Christian Covenant Group, Columbus, OH Christian Gays and Lesbians for Justice, Inc., Newport Beach, CA Christians United for Life, Inc., Cleveland, OH Cincinnati Hockey 96, Inc., Cincinnati, OH Citizens Committee for County Government Reform, Cleveland, OH Cleveland Soo Bahk Do Cultural Association, Lakewood, OH May 14, 200111882001–20 I.R.B. Club Hueyapense Poblano, Southgate, CA Club Sober, Inc., Brewster, NY Club Villa Hidalgo San Luis Potosi Mexico, Lakewood, CA Colgan Foundation, Encinitas, CA Columbus Tennis Foundation, Inc., Westerville, OH Committed Parents for Afrikan Culture & Quality Education, Inc., Columbus, OH Community Church of Palm Desert, Rancho Mirage, CA Community Counseling Associates, Gardena, CA Connecticut Re-Employment Workshops, Inc., Avon, CT Consumer Credit Counseling Corsortium of California, San Diego, CA Corona Legal Services Clinic, Corona, CA Countywide Outreach Program Services, Inc., Columbus, OH Cox-Long Community Development, Inc., Harbor City, CA Crown of Beauty Ministries, Rch Cucamonga, CA Cybertouch Foundation, Issaquah, WA Dana Point Youth Aquatic Foundation, Dana Point, CA Delta Gamma Lambda Foundation, Inc., Cincinnati, OH DGI Services, Inc., Riverside, CA Divisions Ministries, Inc., Clinton, NC Dream Works Institute, Carlsbad, CA Drug Free Partners, Inc., Thompson, OH Eagle Rock, Inc., Lebanon, OH East 93rd Street Club, Inc., Cleveland, OH Electric Vehicle Association of North Carolina, Durham, NC Emanuel 2000 Partnership, Inc., Swainsboro, GA Emergency Wildlife Rehab, Lakeside, CA Epiphanies, Inc., Marion, OH Executors-Strictly Business, Dayton, OH Families Against Violence Crime, Cathedral City, CA Family Intervention Parenting Program, Inc., San Diego, CA Fangs Gang, Inc., Reisterstown, MD Fatow Ministries, Inc., Knoxville, TN First 50 Productions, Inc., Cincinnati, OH First Baptist Korean Church, Fontana, CA Flonzie B. Wright Scholarship Fund, Inc., Germantown, OH Flyers Track Club, Inc., Cleveland, OH Forest Green, San Diego, CA Foundation for Chinese Christian Authors, Cincinnati, OH Foundation for Chino Valley Education, Chino, CA Friends of Crest, El Cajon, CA Friends of Lulu, Lompoc, CA Friends of the International School of Amsterdam, Inc., Palm Harbor, FL Frontline Christian Center, Cypress, CA Fulford Flag Foundation, Inc., Madison, FL Gardena Valley Art Association, Torrance, CA GE Aircraft Engines African American Forum, Cincinnati, OH Gene Affective Disorders Institute, Pittsburgh, PA Get in the Game, Redondo Beach, CA G.I.F.T.T. Inc., Flintstone, GA Global Christian Education & Youth Ministry, Fullerton, CA Golden Endings-Golden Retriever Rescue, Ostrander, OH Goodhope Educational Group Home, Inc., East Point, GA Grand Terrace Swim Club, Corona, CA Granite Hills High School Girls Aquatics, Spring Valley, CA Greater Cincinnati Area Safety Council, Addyston, OH Greek Childrens Fund at Memorial Sloan Kettering Cancer Center, Paramus, NJ Greenlaw Community Housing Development Organization, Inc., Memphis, TN Hamilton Appalachian Peoples Service Organization, Hamilton, OH Hannaford Hall Social Club Assoc., Hamilton, OH Harbor Community Fund Organization, San Pedro, CA Hawaiian Gardens Food Bank, Inc., Hawaiian Gardens, CA Hds, Inc., Palm Desert, CA Healing Foundation, Pepper Pike, OH Helping Hand Housing Association, Newport Beach, CA Helping Hand Thrift Store, Youngstown, OH Hemet Ballet, San Jacinto, CA Hidden Treasures Domestic Violence Program, London, OH Hill Manor I, Inc., Columbus, OH Hill Manor II, Inc., Columbus, OH Historical Air Museum Foundation, Irvine, CA Home Together, Inc., San Diego, CA Homer Pellegrinon Memorial Scholarship Fund, Gallipolis, OH Homeward Bound House, Whitehall, OH Horn of Salvation Ministry, Stanton, OH Hospice by the Sea Foundation, Solana Beach, CA Huntington Beach High School Foundation, Huntington Beach, CA I Am Somebody, Fairfield, OH Imani Community Action Partners, Inc., Cleveland, OH Immigration & Refugee Assistance Center, El Cajon, CA Improve Foundation, Santa Ana, CA Indio Arts Foundation, Indio, CA International Dolphin Project, Incorporated, Ventura, CA International Recovery & Development for Ethiopia, Fullerton, CA International Society of Urologic Pathology, Washington, DC Jericho Evangelistic Ministries, Lakeside, CA Jonathan Foundation, Anaheim, CA Jump Start Learning is Fun, Middletown, OH Junior Warriors for Jesus, National City, CA Juvenile Firesetter Education Council of Clermont County, Inc., Cincinnati, OH Juventus Soccer Club, Tallmadge, OH Kids in Difficult Situations, Inc., San Pedro, CA Kids with Urea Cycle Disorders Research Enterprise, Inc., Anaheim, CA Kingdom Ministries, Inc., Covington, KY Knorr Lymhedema Information and Care Foundation, Inc., Shaker Heights, OH Korean American Retailers Foundation, Santa Ana, CA Korean Community Public Library, Garden Grove, CA La Quinta Wildcats Softball Association, La Quinta, CA La Va Love Angels, Inc., Torrance, CA Laymens Conference, Inc., Lyndhurst, OH Legacy Park, San Marcos, CA Leipsic Association for Parks and Pools, Leipsic, OH Lesbian Health News, Inc., Columbus, OH Liberty Center Historical Society, Inc., Liberty Ctr., OH Licking County Stallions, Newark, OH 2001–20 I.R.B.1189May 14, 2001 Light of the World Ministries, Inc., St. Petersburg, FL Linn Skinner Foundation, Columbus, OH Living Dreams of Ohio, Inc., Columbus, OH Living Hope, Centerville, OH Marriage Family Enrichment Program, Laguna Hills, CA Marysville Housing II, Inc., Marysville, OH McComb Community Awareness, Inc., McComb, OH Med-Life Foundation, Westminster, CA Melissa Margaret Mueller Fund, Bloomington, CA Mercy Flight of Ohio, Columbus, OH Mercy Health System-Western Ohio Foundation, Springfield, OH Metro Area Justice Interfaith Committee, Birmingham, AL Mexican American Neighbor Organization, San Diego, CA Michigan Street Community Development Corp., Memphis, TN Mis Foundation-U-S-A-Inc., San Diego, CA Muslim Prisoner Association of America, Akron, OH National Math and Science Federation, Inc., San Juan Capo, CA Neighborhood Citizens Committee, Long Beach, CA New Community Center, Irvine, CA New Covenant Urban and Disabled Community Services, Inc., San Diego, CA New Creations Ministries, Inc., La Jolla, CA New Day Resources, Inc., Torrance, CA New Morning Light Community Development, Inc., Conley GA Niagara Historical Society, Inc., Niagara, WI North Avondale Daycare Center, Inc., Cincinnati, OH North County Winterball Association, Carlsbad, CA North Hanna Foundation Educational Fund, Lansing, MI Northeastern Pennsylvania Conservancy, Pittston, PA Northern Ohio Branch of the American Association for Laboratory Science, Cleveland, OH Northern Ohio Naiop Charities, Inc., Independence, OH Northwest Ohio Youth Basketball League, Toledo, OH Nub Relief Rehabilitation and Development Society, Cincinnati, OH Ohio Coalition for Music Education, Inc., Columbus, OH Ohio Emergency Medical Services Foundation, Wilmington, OH Ohio Legislative Host Committee, Inc., Columbus, OH Onelife International, Inc., Newport Beach, CA Operation Youth, Inc., Portland, TN Orphans Industries, Dayton, OH Pacific Housing Foundation, San Diego, CA Pallas Communications, Inc., Cleveland, OH Palm Springs Film Museum Group, Palm Springs, CA Park Foundation for Community Health Improvement, Columbus, OH Parma Community Service Network, Parma, OH Pay-Up of Georgia, Inc., Savannah, GA People Placing Pets, Riverside, CA People With Pride, Ontario, CA Perrysburg Playground Project Foundation, Perrysburg, OH Plymouth Park Productions, Irving, TX Positively Gay, Columbus, OH Press Club of Toledo Scholarship Foundation, Toledo, OH Prisoners Renewed Ministries, Inc., Santa Ana, CA Project Share, Inc., Defiance, OH Prospect Foundation, Arlington, VA Protégé Organization, Carson, CA Provide-A-Home, Inc., Toledo, OH Quad County Friends of Animals, Akron, OH Quality Free Care, Inc., National City, CA R & J Foundation, Akron, OH Rainbow Kids Ranch, Palm Desert, CA Reach Back Program, Inc., Cleveland, OH Re-Entry, Inc., Fullerton, CA Regional Youth Board, San Jacinto, CA R H F Bunker Hill II, Inc., Long Beach, CA Richcreek Bailey Rehabilitation Services, Inc., Mentor, OH Right for Harvest Ministries, Inc., Columbus, OH Riverside County Flyway Foundation, Newport Beach, CA San Diego Alliance for the Future, San Diego, CA San Diego Baseball Historical Society, San Diego, CA San Diego County Quality of Life Foundation, Escondido, CA San Diego Public Library Foundation, San Diego, CA San Jose Retired Veterans, San Jose, CA Sara Foundation, Redlands, CA Scioto Athletic Booster, Dublin, OH Sea Explorer Ship 294, Inc., San Diego, CA Sima Environmental Fund, Dana Point, CA Simons Kids, Inc., Cleveland, OH Somali Global Communities, Inc., San Diego, CA Southeast Civic Association, Inc., Hamilton, OH Southern California Consortium for Paralegal Education, Brea, CA Southwest Technology Transfer Center, Inc., San Diego, CA Start With Art, Cincinnati, OH Step Ahead-Preschool and Schoolagers Program, Columbus, OH St. Lukes Development Corporation, Gahanna, OH Succeeding With Computer Technology, Carson, CA Success Against all Odds, Inc., Camden, NJ Support Committee for Maquiladora Workers, San Diego, CA Technology Access Partnership Foundation, San Bernardino, CA Teen Harbor, Tippencanoe, OH Tender Hearts Family Ministries, Orange, CA Theatre Mirage Productions, Palm Desert, CA Therapeutic Health Centers of America, Santa Ana, CA Time for Children Foundation, Montclair, CA Tomorrow Foundation, Inc., Redlands, CA Total Access, Escondido, CA Trilby Youth Sports Foundation, Toledo, OH Tri-State Housing Partnership, Cincinnati, OH Truce International, Inc., Racine, WI True Bread of Life Ministry, Temecula, CA Trumbull Homes Tenant Association, Warren, OH United Art Spectrum, Inc., St. Croix, VI Universal Mission Society, Lake Mary, FL May 14, 200111902001–20 I.R.B. U S A Tongan Community, North Tustin, CA Valkyrie Theatre of Dance and Drama, Inc., Atlanta, GA Values for a Better America, Costa Mesa, CA Vanlue Parent Teacher Association, Findlay, OH Vietnam Education and Development Organization, Fountain Valley, CA Vision for African Nationals, Inc., Dayton, OH Vision Youth Center, Long Beach, CA Vocalart, Inc., Columbus, OH Voice of Faith, Inc., Flowery Branch, GA Warner Booster Foundation, Inc., Warner Springs, CA Washington School for the Blind Foundation, Vancouver, WA Water for Children Africa, Incorporated, El Cajon, CA Welcome All Park Athletic Association, Inc., Red Oak, GA West Africa Support Team, Inc., Cleveland, OH West Jefferson July 4th Streetfest, West Jefferson, OH West Price Hill Community Council, Cincinnati, OH Womens Alternatives Center, Inc., Capo Beach, CA World Aware Reality Education, Yorba Linda, CA World Harmony Network-San Diego California, San Diego, CA World Outreach Vision Ministry, Springvalley, CA Worldwide Harvest Ministries, Incorporated, Germantown, OH You Help Foundation, Inc., Birmingham, AL Young Mothers Program, Coshocton, OH Youngstown Youth Academy, Inc., Youngstown, OH Youth Rehab and Construction, Inc., Columbus, OH Yucaipa Valley Youth Baseball Organization, Yucaipa, CA Zaharias Classic Events, Inc., Cincinnati, OH If an organization listed above submits information that warrants the renewal of its classification as a public charity or as a private operating foundation, the Internal Revenue Service will issue a ruling or de- termination letter with the revised classi- fication as to foundation status. Grantors and contributors may thereafter rely upon such ruling or determination letter as pro- vided in section 1.509(a)–7 of the Income Tax Regulations. It is not the practice of the Service to announce such revised clas- sification of foundation status in the Inter- nal Revenue Bulletin. 2001–20 I.R.B.iMay 14, 2001 Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to de- scribe the effect: Amplified describes a situation where no change is being made in a prior pub- lished position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. Thus, if an earlier ruling held that a principle applied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below). Clarified is used in those instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confu- sion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously published ruling and points out an essen- tial difference between them. Modified is used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it ap- plies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified and clarified, above). Obsoleted describes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rulings that are obsoleted because of changes in law or regulations. A ruling may also be obsoleted because the sub- stance has been included in regulations subsequently adopted. Revoked describes situations where the position in the previously published rul- ing is not correct and the correct position is being stated in the new ruling. Superseded describes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a pe- riod of time in separate rulings. If the new ruling does more than restate the substance of a prior ruling, a combination of terms is used. For example, modified and superseded describes a situation where the substance of a previously pub- lished ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case the previously published ruling is first modified and then, as modified, is super- seded. Supplemented is used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original ruling has been supplemented several times, a new ruling may be pub- lished that includes the list in the original ruling and the additions, and supersedes all prior rulings in the series. Suspended is used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The following abbreviations in current use and for- merly used will appear in material published in the Bulletin. A—Individual. Acq.—Acquiescence. B—Individual. BE—Beneficiary. BK—Bank. B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cumulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Cooperative. Ct.D.—Court Decision. CY—County. D—Decedent. DC—Dummy Corporation. DE—Donee. Del. Order—Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Employer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduciary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Foreign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Federal Unemployment Tax Act. FX—Foreign Corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grantee. GP—General Partner. GR—Grantor. IC—Insurance Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—Parent Corporation. PHC—Personal Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Partnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Real Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsidiary. S.P.R.—Statements of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Transferee. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpayer. TR—Trust. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. Definition of Terms May 14, 2001ii2001–20 I.R.B. Numerical Finding List 1 Bulletins 2001–1 through 2001–19 Announcements: 2001–1, 2001–2 I.R.B. 277 2001–2, 2001–2 I.R.B. 277 2001–3, 2001–2 I.R.B. 278 2001–4, 2001–2 I.R.B. 286 2001–5, 2001–2 I.R.B. 286 2001–6, 2001–3 I.R.B. 357 2001–7, 2001–3 I.R.B. 357 2001–8, 2001–3 I.R.B. 357 2001–9, 2001–3 I.R.B. 357 2001–10, 2001–4 I.R.B. 431 2001–11, 2001–4 I.R.B. 432 2001–12, 2001–6 I.R.B. 526 2001–13, 2001–96 I.R.B. 752 2001–14, 2001–7 I.R.B. 648 2001–15, 2001–8 I.R.B. 715 2001–16, 2001–8 I.R.B. 715 2001–17, 2001–8 I.R.B. 716 2001–18, 2001–10 I.R.B. 791 2001–19, 2001–10 I.R.B. 791 2001–20, 2001–8 I.R.B. 716 2001–21, 2001–9 I.R.B. 752 2001–22, 2001–11 I.R.B. 895 2001–23, 2001–10 I.R.B. 791 2001–24, 2001–10 I.R.B. 793 2001–25, 2001–11 I.R.B. 895 2001–26, 2001–11 I.R.B. 896 2001–27, 2001–11 I.R.B. 897 2001–28, 2001–13 I.R.B. 975 2001–29, 2001–14 I.R.B. 1014 2001–30, 2001–15 I.R.B. 1065 2001–31, 2001–17 I.R.B. 1113 2001–32, 2001–17 I.R.B. 1113 2001–33, 2001–17 I.R.B. 1136 2001–34, 2001–16 I.R.B. 1087 2001–35, 2001–16 I.R.B. 1087 2001–36, 2001–16 I.R.B. 1089 2001–37, 2001–16 I.R.B. 1090 2001–38, 2001–17 I.R.B. 1137 2001–39, 2001–17 I.R.B. 1141 2001–40, 2001–17 I.R.B. 1141 2001–41, 2001–18 I.R.B. 1147 2001–42, 2001–18 I.R.B. 1147 2001–43, 2001–18 I.R.B. 1147 2001–44, 2001–18 I.R.B. 1148 2001–45, 2001–18 I.R.B. 1148 2001–46, 2001–19 I.R.B. 1165 2001–47, 2001–19 I.R.B. 1165 2001–48, 2001–19 I.R.B. 1168 Notices: 2001–1, 2001–2 I.R.B. 261 2001–2, 2001–2 I.R.B. 265 2001–3, 2001–2 I.R.B. 267 2001–4, 2001–2 I.R.B. 267 2001–5, 2001–3 I.R.B. 327 2001–6, 2001–3 I.R.B. 327 2001–7, 2001–4 I.R.B. 374 2001–8, 2001–4 I.R.B. 374 2001–9, 2001–4 I.R.B. 375 2001–10, 2001–5 I.R.B. 459 2001–11, 2001–5 I.R.B. 464 2001–12, 2001–3 I.R.B. 328 2001–13, 2001–6 I.R.B. 514 2001–14, 2001–6 I.R.B. 516 2001–15, 2001–7 I.R.B. 589 2001–16, 2001–9 I.R.B. 730 Notices—Continued: 2001–17, 2001–9 I.R.B. 730 2001–18, 2001–9 I.R.B. 731 2001–19, 2001–10 I.R.B. 784 2001–20, 2001–11 I.R.B. 818 2001–21, 2001–11 I.R.B. 818 2001–22, 2001–12 I.R.B. 911 2001–23, 2001–12 I.R.B. 911 2001–24, 2001–12 I.R.B. 912 2001–25, 2001–13 I.R.B. 941 2001–26, 2001–13 I.R.B. 942 2001–27, 2001–13 I.R.B. 942 2001–28, 2001–13 I.R.B. 944 2001–29, 2001–14 I.R.B. 989 2001–30, 2001–14 I.R.B. 989 2001–31, 2001–17 I.R.B. 1093 2001–32, 2001–18 I.R.B. 1146 2001–33, 2001–19 I.R.B. 1155 Proposed Regulations: LR–230–76, 2001–13 I.R.B. 945 REG–209461–79, 2001–8 I.R.B. 712 REG–246256–96, 2001–8 I.R.B. 713 REG–251701–96, 2001–4 I.R.B. 396 REG–101520–97, 2001–15 I.R.B. 1057 REG–106030–98, 2001–11 I.R.B. 820 REG–106446–98, 2001–13 I.R.B. 945 REG–106542–98, 2001–5 I.R.B. 473 REG–121928–98, 2001–6 I.R.B. 520 REG–109481–99, 2001–13 I.R.B. 961 REG–111835–99, 2001–11 I.R.B. 834 REG–114998–99, 2001–14 I.R.B. 992 REG–115560–99, 2001–14 I.R.B. 993 REG–101739–00, 2001–14 I.R.B. 996 REG–103320–00, 2001–8 I.R.B. 714 REG–104683–00, 2001–4 I.R.B. 407 REG–104876–00, 2001–14 I.R.B. 998 REG–105801–00, 2001–13 I.R.B. 965 REG–105946–00, 2001–16 I.R.B. 1069 REG–106513–00, 2001–16 I.R.B. 1076 REG–106702–00, 2001–4 I.R.B. 424 REG–106791–00, 2001–6 I.R.B. 521 REG–106892–00, 2001–15 I.R.B. 1060 REG–107047–00, 2001–14 I.R.B. 1002 REG–107101–00, 2001–16 I.R.B. 1083 REG–107175–00, 2001–13 I.R.B. 971 REG–107176–00, 2001–4 I.R.B. 428 REG–107186–00, 2001–13 I.R.B. 973 REG–107566–00, 2001–3 I.R.B. 346 REG–110374–00, 2001–12 I.R.B. 915 REG–110659–00, 2001–12 I.R.B. 917 REG–114082–00, 2001–7 I.R.B. 629 REG–114083–00, 2001–7 I.R.B. 630 REG–114084–00, 2001–7 I.R.B. 633 REG–116468–00, 2001–6 I.R.B. 522 REG–119352–00, 2001–6 I.R.B. 525 REG–121109–00, 2001–15 I.R.B. 1064 REG–125237–00, 2001–12 I.R.B. 919 REG–126100–00, 2001–11 I.R.B. 862 REG–129608–00, 2001–14 I.R.B. 1011 REG–130477–00, 2001–11 I.R.B. 865 REG–130481–00, 2001–11 I.R.B. 865 Railroad Retirement Quarterly Rates: 2001–2, I.R.B. 258 2001–15, I.R.B. 1054 Revenue Procedures: 2001–1, 2001–1 I.R.B. 1 2001–2, 2001–1 I.R.B. 79 2001–3, 2001–1 I.R.B. 111 Revenue Procedures—Continued: 2001–4, 2001–1 I.R.B. 121 2001–5, 2001–1 I.R.B. 164 2001–6, 2001–1 I.R.B. 194 2001–7, 2001–1 I.R.B. 236 2001–8, 2001–1 I.R.B. 239 2001–9, 2001–3 I.R.B. 328 2001–10, 2001–2 I.R.B. 272 2001–11, 2001–2 I.R.B. 275 2001–12, 2001–3 I.R.B. 335 2001–13, 2001–3 I.R.B. 337 2001–14, 2001–3 I.R.B. 343 2001–15, 2001–5 I.R.B. 465 2001–16, 2001–4 I.R.B. 376 2001–17, 2001–7 I.R.B. 589 2001–18, 2001–8 I.R.B. 708 2001–19, 2001–9 I.R.B. 732 2001–20, 2001–9 I.R.B. 738 2001–21, 2001–9 I.R.B. 742 2001–22, 2001–9 I.R.B. 745 2001–23, 2001–10 I.R.B. 784 2001–24, 2001–10 I.R.B. 788 2001–25, 2001–12 I.R.B. 913 2001–26, 2001–17 I.R.B. 1093 2001–27, 2001–19 I.R.B. 1155 2001–28, 2001–19 I.R.B. 1156 2001–29, 2001–19 I.R.B. 1160 2001–30, 2001–19 I.R.B. 1163 Revenue Rulings: 2001–1, 2001–9 I.R.B. 726 2001–2, 2001–2 I.R.B. 255 2001–3, 2001–3 I.R.B. 319 2001–4, 2001–3 I.R.B. 295 2001–5, 2001–5 I.R.B. 451 2001–6, 2001–6 I.R.B. 491 2001–7, 2001–7 I.R.B. 541 2001–8, 2001–9 I.R.B. 726 2001–9, 2001–8 I.R.B. 652 2001–10, 2001–10 I.R.B. 755 2001–11, 2001–10 I.R.B. 780 2001–12, 2001–11 I.R.B. 811 2001–13, 2001–12 I.R.B. 898 2001–14, 2001–12 I.R.B. 898 2001–15, 2001–13 I.R.B. 922 2001–16, 2001–13 I.R.B. 936 2001–17, 2001–15 I.R.B. 1052 2001–18, 2001–17 I.R.B. 1092 2001–19, 2001–18 I.R.B. 1143 2001–20, 2001–18 I.R.B. 1143 2001–21, 2001–18 I.R.B. 1144 2001–22, 2001–19 I.R.B. 1152 Treasury Decisions: 8910, 2001–2 I.R.B. 258 8911, 2001–3 I.R.B. 321 8912, 2001–5 I.R.B. 452 8913, 2001–3 I.R.B. 300 8914, 2001–8 I.R.B. 653 8915, 2001–4 I.R.B. 359 8916, 2001–4 I.R.B. 360 8917, 2001–7 I.R.B. 538 8918, 2001–4 I.R.B. 372 8919, 2001–6 I.R.B. 505 8920, 2001–8 I.R.B. 654 8921, 2001–7 I.R.B. 532 8922, 2001–6 I.R.B. 508 8923, 2001–6 I.R.B. 485 8924, 2001–6 I.R.B. 489 8925, 2001–6 I.R.B. 496 8926, 2001–6 I.R.B. 492 8927, 2001–11 I.R.B. 807 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2000–27 through 2000–52 is in Internal Revenue Bulletin 2001–1, dated January 2, 2001. 2001–20 I.R.B.iiiMay 14, 2001 Treasury Decisions—Continued: 8928, 2001–8 I.R.B. 685 8929, 2001–10 I.R.B. 756 8930, 2001–5 I.R.B. 433 8931, 2001–7 I.R.B. 542 8932, 2001–11 I.R.B. 813 8933, 2001–11 I.R.B. 794 8934, 2001–12 I.R.B. 904 8935, 2001–8 I.R.B. 702 8937, 2001–11 I.R.B. 806 8938, 2001–13 I.R.B. 929 8939, 2001–12 I.R.B. 899 8940, 2001–15 I.R.B. 1016 8941, 2001–14 I.R.B. 977 8942, 2001–13 I.R.B. 929 8943, 2001–15 I.R.B. 1054 8944, 2001–16 I.R.B. 1067 May 14, 2001iv2001–20 I.R.B. Finding List of Current Actions on Previously Published Items 1 Bulletins 2001–1 through 2001–19 Announcements: 98–99 Modified by Ann. 2001–9, 2001–3 I.R.B. 357 99–79 Superseded by Ann. 2001–3, 2001–2 I.R.B. 278 2000–78 Obsoleted by T.D. 8933, 2001–11 I.R.B. 794 2000–97 Corrected by Ann. 2001–7, 2001–3 I.R.B. 357 Cumulative Bulletin: 1998–2 Corrected by Ann. 2001–5, 2001–2 I.R.B. 286 Notices: 94–3 Modified by T.D. 8933, 2001–11 I.R.B. 794 98–39 Modified by Notice 2001–9, 2001–4 I.R.B. 375 98–40 Modified by Notice 2001–9, 2001–4 I.R.B. 375 99–53 Modified and superseded by Notice 2001–7, 2001–4 I.R.B. 374 2000–21 Superseded by Notice 2001–1, 2001–2 I.R.B. 261 2000–22 Modified and superseded by Notice 2001–8, 2001–4 I.R.B. 374 2000–26 Modified by Notice 2001–22, 2001–12 I.R.B. 911 2000–43 Extended by Notice 2001–13, 2001–6 I.R.B. 514 Proposed Regulations: EE–130–86 Partially withdrawn by REG–209461–79, 2001–8 I.R.B. 712 REG–106030–98 Corrected by Ann. 2001–30, 2001–15 I.R.B. 1065 REG–106542–98 Corrected by Ann. 2001–24, 2001–13 I.R.B. 793 REG–116733–98 Withdrawn by Ann. 2001–11, 2001–4 I.R.B. 432 Proposed Regulations—Continued: REG–116048–99 Withdrawn by Ann. 2001–27, 2001–11 I.R.B. 897 REG–104683–00 Corrected by Ann. 2001–42, 2001–18 I.R.B. 1147 REG–106702–00 Corrected by Ann. 2001–28, 2001–13 I.R.B. 975 REG–110374–00 Corrected by Ann. 2001–44, 2001–18 I.R.B. 1148 Revenue Procedures: 75–21 Modified and superseded by Rev. Proc. 2001–28, 2001–19 I.R.B. 1156 75–28 Modified and superseded by Rev. Proc. 2001–29, 2001–19 I.R.B. 1160 76–30 Modified and superseded by Rev. Proc. 2001–28, 2001–19 I.R.B. 1156 79–48 Modified and superseded by Rev. Proc. 2001–28, 2001–19 I.R.B. 1156 Rev. Proc. 2001–29, 2001–19 I.R.B. 1160 83–87 Superseded by Rev. Proc. 2001–15, 2001–5 I.R.B. 465 90–18 Amplified and superseded by Rev. Proc. 2001–18, 2001–8 I.R.B. 708 92–19 Superseded by Rev. Proc. 2001–15, 2001–5 I.R.B. 465 96–15 Modified by Ann. 2001–22, 2001–11 I.R.B. 895 96–17 Modified by Rev. Proc. 2001–9, 2001–3 I.R.B. 328 99–18 Modified and superseded by Rev. Proc. 2001–21, 2001–9 I.R.B. 742 99–47 Superseded by Rev. Proc. 2001–16, 2001–4 I.R.B. 376 99–49 Modified and amplified by Notice 2001–23, 2001–12 I.R.B. 911 Rev. Proc. 2001–10, 2001–2 I.R.B. 272 Rev. Proc. 2001–23, 2001–10 I.R.B. 784 Rev. Proc. 2001–24, 2001–10 I.R.B. 788 Rev. Proc. 2001–25, 2001–12 I.R.B. 913 Rev. Rul. 2001–8, 2001–9 I.R.B. 762 2000–1 Superseded by Rev. Proc. 2001–1, 2001–1 I.R.B. 1 2000–2 Superseded by Rev. Proc. 2001–2, 2001–1 I.R.B. 79 Revenue Procedures—Continued: 2000–3 Superseded by Rev. Proc. 2001–3, 2001–1 I.R.B. 111 2000–4 Superseded by Rev. Proc. 2001–4, 2001–1 I.R.B. 121 2000–5 Superseded by Rev. Proc. 2001–5, 2001–1 I.R.B. 164 2000–6 Superseded by Rev. Proc. 2001–6, 2001–1 I.R.B. 194 2000–7 Superseded by Rev. Proc. 2001–7, 2001–1 I.R.B. 236 2000–8 Superseded by Rev. Proc. 2001–8, 2001–1 I.R.B. 239 2000–14 Supplemented by Rev. Proc. 2001–27, 2001–19 I.R.B. 1155 2000–16 Modified and superseded by Rev. Proc. 2001–17, 2001–7 I.R.B. 589 2000–22 Modified and superseded by Rev. Proc. 2001–10, 2001–2 I.R.B. 272 2000–23 Superseded by Rev. Proc. 2001–26, 2001–17 I.R.B. 1093 2001–3 Corrected by Ann. 2001–25, 2001–11 I.R.B. 895 Section 5.01 revoked by Rev. Proc. 2001–30, 2001–19 I.R.B. 1163 2001–13 Clarified by Notice 2001–12, 2001–3 I.R.B. 328 Revenue Rulings: 64–328 Modified by Notice 2001–10, 2001–5 I.R.B. 459 66–110 Modified by Notice 2001–10, 2001–5 I.R.B. 459 85–30 Clarified by Rev. Rul. 2001–8, 2001–9 I.R.B. 762 88–95 Clarified by Rev. Rul. 2001–8, 2001–9 I.R.B. 762 92–19 Supplemented in part by Rev. Rul. 2001–11, 2001–10 I.R.B. 780 2000–56 Corrected by Ann. 2001–19, 2001–10 I.R.B. 791 2001–4 Modified by Notice 2001–23, 2001–12 I.R.B. 911 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2000–27 through 2000–52 is in Internal Revenue Bulletin 2001–1, dated January 2, 2001. 2001–20 I.R.B.vMay 14, 2001 Treasury Decisions: 7530 Removed by T.D. 8938, 2001–13 I.R.B. 929 8757 Revised by T.D. 8941, 2001–14 I.R.B. 977 8889 Corrected by Ann. 2001–14, 2001–2 I.R.B. 286 8913 Corrected by Ann. 2001–26, 2001–11 I.R.B. 896 8916 Corrected by Ann. 2001–41, 2001–18 I.R.B. 1147 8921 Corrected by Ann. 2001–43, 2001–18 I.R.B. 1147 8931 Technically amended by Ann. 2001–37, 2001–16 I.R.B. 1090 INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superintendent of Documents when their subscriptions must be renewed. CUMULATIVE BULLETINS The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold on a single copy basis and are not included as part of the subscription to the Internal Revenue Bulletin. Subscribers to the weekly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them from the Superintendent of Documents. ACCESS THE INTERNAL REVENUE BULLETIN ON THE INTERNET You may view the Internal Revenue Bulletin on the Internet at www.irs.gov. Select Tax Info for Business at the bottom of the page. Then select Internal Revenue Bulletins. 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