Internal Revenue Bulletin 2001-38 (PDF rendition): IRS Announcements

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. 2001–40, page 276.
Refund or credit of an overassessed tax. This ruling
modifies Rev. Rul. 78–127 (1978–1 C.B. 436) by clarifying
when the Service allows a refund or credit of an over-
assessed tax. Rev. Rul. 78–127 modified.
EMPLOYEE PLANS
Notice 2001–56, page 277.
EGTRRA effective dates; compensation limit; top-
heavy determination date; section 401(k) hardship
distribution. This notice provides guidance relating to the
effective dates for sections of the Economic Growth and Tax
Relief Reconciliation Act of 2001 (EGTRRA) relating to (1) the
increase in the compensation limit of section 401(a)(17) of
the Code, (2) the modification to the top-heavy rules of sec-
tion 416 of the Code, and (3) the suspension period for hard-
ship distributions from a section 401(k) plan. Notice 98–52
modified.
Notice 2001–57, page 279.
Qualified plans; sample EGTRRA plan amendments.
This notice sets forth various sample amendments that may
be adopted by qualified plan sponsors as “good faith” plan
amendments to reflect certain changes made by the
Economic Growth Tax Relief and Reconciliation Act of 2001
(EGTRRA). Notice 2001–42 modified.
EMPLOYMENT TAX
Rev. Rul. 2001–40, page 276.
Refund or credit of an overassessed tax. This ruling
modifies Rev. Rul. 78–127 (1978–1 C.B. 436) by clarifying
when the Service allows a refund or credit of an over-
assessed tax. Rev. Rul. 78–127 modified.
EXEMPT ORGANIZATIONS
Announcement 2001–89, page 291.
A list is provided of organizations now classified as private
foundations.
Internal Revenue
bbuulllleettiinn
Bulletin No. 2001–38
September 17, 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.

September 17, 20012001–38 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
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Cumulative Bulletins, which are sold on a single-copy basis.
It is the policy of the Service to publish in the Bulletin all sub-
stantive rulings necessary to promote a uniform application
of the tax laws, including all rulings that supersede, revoke,
modify, or amend any of those previously published in the
Bulletin. All published rulings apply retroactively unless other-
wise indicated. Procedures relating solely to matters of in-
ternal management are not published; however, statements
of internal practices and procedures that affect the rights
and duties of taxpayers are published.
Revenue rulings represent the conclusions of the Service on
the application of the law to the pivotal facts stated in the
revenue ruling. In those based on positions taken in rulings
to taxpayers or technical advice to Service field offices,
identifying details and information of a confidential nature
are deleted to prevent unwarranted invasions of privacy and
to comply with statutory requirements.
Rulings and procedures reported in the Bulletin do not have
the force and effect of Treasury Department Regulations,
but they may be used as precedents. Unpublished rulings
will not be relied on, used, or cited as precedents by Service
personnel in the disposition of other cases. In applying pub-
lished rulings and procedures, the effect of subsequent leg-
islation, regulations, court decisions, rulings, and proce-
dures must be considered, and Service personnel and oth-
ers concerned are cautioned against reaching the same con-
clusions in other cases unless the facts and circumstances
are substantially the same.
The Bulletin is divided into four parts as follows:
Part I.—1986 Code.
This part includes rulings and decisions based on provisions
of the Internal Revenue Code of 1986.
Part II.—Treaties and Tax Legislation.
This part is divided into two subparts as follows: Subpart A,
Tax Conventions and Other Related Items, 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.

September 17, 20012762001–38 I.R.B.
Section 6407.—Date of
Allowance of Refund or Credit
26 CFR 301.6407–1: Date of allowance of refund
or credit
This revenue ruling modifies Revenue
Ruling 78–127 by clarifying when the In-
ternal Revenue Service allows a refund or
credit of an overassessed tax.
Rev. Rul. 2001–40
PURPOSE
This revenue ruling modifies the dis-
cussion of section 6407 of the Internal
Revenue Code (the Code) in Rev. Rul.
78–127 (1978–1 C.B. 436). Specifically,
this revenue ruling clarifies when the In-
ternal Revenue Service (the Service) al-
lows a refund or credit of an overassessed
tax.
LAW AND ANALYSIS
Section 6407 of the Code states: “The
date on which the Secretary first autho-
rizes the scheduling of an overassessment
of any internal revenue tax shall be con-
sidered as the date of allowance of refund
or credit in respect of such tax.”
Congress adopted the rule defining the
scheduling date as the allowance date in
the Revenue Act of 1926. See section
1116 of the Act, the predecessor of current
section 6407 of the Code. The rule was
designed to reflect Service processing
practice. The legislative history explains:
In the case of refunds, interest is al-
lowed “to the date of the allowance of
the refund.” In practice, the Commis-
sioner first signs a schedule of over-
assessments, which is sent to the col-
lector, in order to determine whether
the overpayment should be credited or
refunded. The committee amendment
proposes to fix as the date on which the
refund is allowed the date on which the
Commissioner signs the schedule of
overassessments. (S. Rep. No. 52, 69th
Cong., 1st Sess. 38 (1926).)
Section 301.6407–1 of the Regulations
on Procedure and Administration reflects
the legislative intent that the Secretary
would delegate authority to allow refunds
and credits to Internal Revenue Service
officials. Over the years, different certi-
fying officers have been authorized to
schedule overassessments and allow re-
funds and credits.
In addition, the Service has revised the
method of scheduling overassessments
and allowing refunds and credits. For ex-
ample, the Service does not currently use
Form 1166 to schedule overassessments.
It may use different paper forms or elec-
tronic entries to schedule and allow re-
funds and credits. Regardless of process-
ing method, the taxpayer’s account will
reflect the date that the certifying officer
schedules the overassessment.
HOLDING
Consequently, references to the Form
1166 and other processing forms are re-
moved from Rev. Rul. 78–127. The two
paragraphs beginning “Section 6407 of
the Code...” are modified to read as fol-
lows:
Section 6407 of the Code provides that
the date on which the Secretary first au-
thorizes the scheduling of an over-
assessment of any internal revenue tax
shall be considered the date of al-
lowance of any refund or credit of the
tax. Section 301.6407–1 of the regula-
tions delegates scheduling authority to
a certifying officer. The certifying offi-
cer authorizes a credit or refund by
signing a schedule of overassessments
identifying the taxpayer and the
amount of the overassessment.
The date the summary record of assess-
ment is signed, and the date on which
the schedule of overassessments is
signed are dates of authorization for the
purpose of section 301.6521–1(c) of
the regulations.
EFFECT ON OTHER REVENUE
RULING(S)
Rev. Rul. 78–127 is modified.
DRAFTING INFORMATION
The principal author of this revenue
ruling is Tiffany P. Smith of the Office of
the Associate Chief Counsel (Procedure
and Administration), Administrative Pro-
visions and Judicial Practice Division.
For further information regarding this
revenue ruling, contact Tiffany Smith at
(202) 622-4910 (not a toll-free call).
Part I. Rulings and Decisions Under the Internal Revenue Code of 1986

2001–38 I.R.B.277September 17, 2001
Effective Dates for Certain
Amendments Made by the
Economic Growth and Tax Relief
Reconciliation Act of 2001
Notice 2001–56
I. Purpose
This notice provides guidance relating
to the effective dates for §§ 611(c), 613,
and 636(a) of the Economic Growth and
Tax Relief Reconciliation Act of 2001
(EGTRRA), Pub. L. 107–16. Section
611(c) of EGTRRA increases the com-
pensation limit of § 401(a)(17) of the In-
ternal Revenue Code (Code) and related
sections. Section 613 of EGTRRA modi-
fies the rules in § 416 of the Code regard-
ing determination of top-heavy status.
Section 636(a) of EGTRRA directs the
Secretary to revise the regulations relating
to hardship distributions under § 401(k)
(2)(B)(i)(IV) of the Code.
Notice 2001–42 (2001–30 I.R.B. 70),
provides a remedial amendment period
for EGTRRA, in which any needed
retroactive remedial EGTRRA plan
amendments may be adopted. The avail-
ability of the EGTRRA remedial amend-
ment period is conditioned on the timely
adoption of required good faith
EGTRRA plan amendments. See Notice
2001–57, page 279, this bulletin, for
sample good faith amendments. Al-
though a good faith plan amendment
need not reflect all guidance issued
under EGTRRA, the plan’s operation
must be consistent with that guidance,
beginning with the effective date of that
guidance.
II. Compensation Limit under
§ 401(a)(17)
A. Background
Section 401(a)(17) of the Code limits
the annual compensation that may be
taken into account for purposes of deter-
mining a participant’s benefit accruals
under a defined benefit plan or a partici-
pant’s allocations under a defined contri-
bution plan. Section 401(a)(17) also lim-
its the annual compensation that may be
taken into account for purposes of certain
nondiscrimination requirements, includ-
ing those in §§ 401(a)(4), 401(a)(5),
401(l), 401(k), 401(m), 403(b)(12),
404(a)(2), and 410(b)(2), and for pur-
poses of determining whether a definition
of compensation is nondiscriminatory
under § 414(s)(3). Under § 401(a)(17)
as in effect prior to the effective date of
the EGTRRA amendment, the compensa-
tion limit is $150,000, indexed in $10,000
increments for cost-of-living adjustments.
For 2001, the compensation limit is
$170,000. A higher compensation limit
applies to eligible participants in certain
governmental plans. See Treas. Reg.
§ 1.401(a)(17)–1(d)(4)(ii).
Section 611(c) of EGTRRA amended
§ 401(a)(17) of the Code by increasing
the $150,000 limit (as adjusted) to
$200,000, and changing the method used
for cost-of-living adjustments. Section
611(c) of EGTRRA made similar amend-
ments to §§ 404(l), 408(k), and 505(b)(7)
of the Code.
B. Effective Date
Section 611(i)(1) of EGTRRA pro-
vides that the increase in the compensa-
tion limit of § 401(a)(17) of the Code
applies to years beginning after Decem-
ber 31, 2001. Thus, for purposes of de-
termining benefit accruals or the amount
of allocations for plan years beginning
on or after January 1, 2002, compensa-
tion taken into account may not exceed
the compensation limit under § 401
(a)(17), as amended by § 611(c) of
EGTRRA. In the case of a plan that
uses annual compensation for periods
prior to the first plan year beginning on
or after January 1, 2002, to determine
accruals or allocations for a plan year
beginning on or after January 1, 2002,
the plan is permitted to provide that the
$200,000 compensation limit applies to
annual compensation for such prior peri-
ods in determining such accruals or allo-
cations.
The compensation limit under
§ 401(a)(17) of the Code is adjusted for
cost-of-living increases in accordance
with § 401(a)(17)(B), as amended by
EGTRRA, as of the beginning of a cal-
endar year. As under pre-EGTRRA law,
any such increases shall apply only with
respect to annual compensation during
the plan year or other 12-month period
over which compensation is determined
that begins with or within such calendar
year (and any subsequent calendar year).
Example. B is a participant in a nongovernmen-
tal defined benefit plan, Plan A. Plan A has a
calendar plan year, and a benefit formula that
provides for an annual benefit at normal retire-
ment age equal to the product of: (years of ser-
vice) x (1 percent) x (high 3-year average com-
pensation). For this purpose, high 3-year
average compensation is the average of the com-
pensation over the 3 consecutive plan years for
which the average is the highest, and compensa-
tion for each year is limited to $150,000, as ad-
justed for cost-of-living increases. As of Decem-
ber 31, 2001, B has 10 years of service and
compensation of $250,000 for each of the 3 years
1999, 2000, and 2001. B’s high 3-year average
compensation of $166,667 is determined as the
average of annual compensation (as limited by
§ 401(a)(17) of the Code) of $160,000 for 1999,
$170,000 for 2000, and $170,000 for 2001. B’s
annual benefit under the plan formula as of De-
cember 31, 2001, is $16,667, calculated as (10) x
(.01) x ($166,667).
In 2002, Plan A is amended (1) to use the
$200,000 compensation limit for compensation
paid in years beginning after December 31,
2001, and (2) to use the $200,000 compensation
limit for compensation paid in years beginning
prior to January 1, 2002, in determining benefit
accruals in years beginning after December 31,
2001. B has annual compensation of $250,000
for 2002. A high 3-year average compensation of
$200,000 is determined for B as of December 31,
2002, as the average of annual compensation (as
limited by § 401(a)(17) of the Code, as amended
by EGTRRA) of $200,000 for 2000, $200,000 for
2001, and $200,000 for 2002. As of December
31, 2002, B’s annual benefit under the plan for-
mula is $22,000, calculated as (11) x (.01) x
($200,000).
Plan A is not required to implement the
EGTRRA increase in the compensation limit
under § 401(a)(17) of the Code in its benefit
formula. Plan A could retain the compensation
limit in effect prior to EGTRRA, or provide for
any other compensation limit that is less than
the compensation limit as amended by
EGTRRA. Accordingly, Plan A could be
amended to provide that the increased compen-
sation limit applies only to annual compensa-
tion paid in plan years beginning on or after
January 1, 2002. In that case, a high 3-year av-
erage compensation of $180,000 would be de-
termined for B as of December 31, 2002, as the
average of annual compensation of $170,000
for 2000 and $170,000 for 2001 (both as limited
by § 401(a)(17) of the Code, as in effect prior
to amendment by EGTRRA), and $200,000 for
2002 (as limited by § 401(a)(17) of the Code, as
amended by EGTRRA). B’s annual benefit as of
December 31, 2002, would be $19,800, calcu-
lated as (11) x (.01) x ($180,000).
Part III. Administrative, Procedural, and Miscellaneous

September 17, 20012782001–38 I.R.B.
III. Determination of Top-Heavy
Status under § 416
A. Background
Section 416(a) of the Code provides
that a plan that is a top-heavy plan for a
plan year must satisfy the vesting and
minimum benefit requirements of
§ 416(b) and (c) for the plan year. A de-
fined benefit plan is a top-heavy plan for a
plan year if, as of the determination date,
the present value of the cumulative ac-
crued benefits under the plan for key em-
ployees exceeds 60 percent of the present
value of the cumulative accrued benefits
under the plan for all employees. A de-
fined contribution plan is a top-heavy plan
for a plan year if, as of the determination
date, the aggregate of the accounts of key
employees under the plan exceeds 60 per-
cent of the aggregate of the accounts of all
employees under the plan. The determina-
tion date with respect to any plan year is
the last day of the preceding plan year or,
in the case of the first plan year of a plan,
the last day of such plan year. The deter-
mination of whether a plan is top-heavy is
made in accordance with the requirements
of § 416(g) (including the aggregation re-
quirements of § 416(g)(2)).
Section 613 of EGTRRA amended sev-
eral provisions of § 416 of the Code, in-
cluding provisions related to the require-
ments for determining whether a plan is a
top-heavy plan for a plan year. Section
613(a) of EGTRRA modified the defini-
tion of “key employee” in § 416(i)(1) of
the Code by increasing the compensation
threshold for determining when officers
are key employees to $130,000 and by
eliminating the ten employees owning the
largest interests in the employer as a sepa-
rate category of key employees. Section
613(c) of EGTRRA also provides that the
determination of key employee status is
made based on the plan year ending on
the determination date, thereby eliminat-
ing the additional 4-year lookback period
for determining key employee status. In
general, § 613(c) of EGTRRA modified
§§ 416(g)(3) and 416(g)(4)(E) of the
Code to exclude from the determination
of top-heavy status (1) distributions made
prior to the 1-year period ending on the
determination date (except that a 5-year
period is retained for in-service distribu-
tions) and (2) the accrued benefits and ac-
count balances of employees who per-
formed no service for the employer dur-
ing the 1-year period ending on the deter-
mination date.
B. Effective Date
Section 613(f) of EGTRRA provides
that the amendments made by § 613
apply to years beginning after December
31, 2001. Thus, the EGTRRA amend-
ments to § 416 of the Code apply for pur-
poses of determining whether a plan is
top-heavy for the first plan year beginning
after December 31, 2001, even though the
determination date for that plan year is
before the effective date of the EGTRRA
amendment.
Thus, for example, for a plan with a
calendar plan year (other than a plan in its
first plan year), the determination of
whether the plan is top-heavy for the plan
year beginning January 1, 2002, is made
as of December 31, 2001. This determi-
nation is made in accordance with the
provisions of § 416 of the Code, as
amended by EGTRRA. For example, for
purposes of identifying key employees in
accordance with § 416(i)(1)(A) of the
Code as amended by EGTRRA, officers
with annual compensation greater than
$130,000 for 2001 are key employees,
and the additional 4-year lookback period
does not apply for purposes of that deter-
mination.
IV. Hardship Distributions
A. Background
Elective deferrals under a qualified
cash or deferred arrangement subject to
§ 401(k) of the Code may not be distrib-
utable to participants prior to the occur-
rence of one of the events specified in
§ 401(k)(2). One of these events is a
hardship of the employee. Treas. Reg.
§ 1.401(k)–1(d)(2)(i) provides that a dis-
tribution is treated as made on account of
an employee’s hardship if it is made on
account of an immediate and heavy finan-
cial need and is necessary to satisfy the
financial need. Treas. Reg. § 1.401
(k)–1(d)(2)(iv)(B) provides a safe harbor
pursuant to which a distribution is
deemed necessary to satisfy an immediate
and heavy financial need. One of the re-
quirements of the safe harbor is that the
employee is prohibited from making elec-
tive contributions and employee contribu-
tions under the plan and all other plans
maintained by the employer for at least 12
months after receipt of the hardship
distribution. See Treas. Reg. § 1.401(k)
–1(d)(2)(iv)(B)(4).
Sections 401(k)(12) and 401(m)(11) of
the Code provide design-based safe har-
bor methods for satisfying the actual de-
ferral percentage (ADP) test contained in
§ 401(k)(3)(A)(ii) and the actual contri-
bution percentage (ACP) test contained in
§ 401(m)(2) based on matching contribu-
tions that meet certain conditions and that
satisfy certain notice requirements. No-
tice 98–52 (1998–2 C.B. 632), provides
that a plan will not fail to satisfy the ADP
matching contribution safe harbor merely
because an eligible employee’s ability to
make elective deferrals is suspended for
12 months following a hardship distribu-
tion. Notice 98–52 also provides that a
plan will not fail to satisfy the ACP
matching contribution safe harbor merely
because an eligible employee’s ability to
make elective deferrals and employee
contributions is suspended for 12 months
following a hardship distribution. See
Treas. Reg. § 1.401(k)–1(d)(2)(iv)(B)(4)
and sections V.B.1.c.iv and VI.B of No-
tice 98–52.
Section 636(a) of EGTRRA directs the
Secretary of the Treasury to modify the
regulations regarding hardship distribu-
tions to provide that the period during
which an employee is prohibited from
making elective deferrals in order for the
distribution to be deemed necessary to
satisfy a financial need shall be 6 months
(instead of 12 months).
B. Effective Date
Section 636(a) of EGTRRA provides
that the regulations as revised in accor-
dance with § 636(a) shall apply to years
beginning after December 31, 2001.
Thus, the revised regulations will be ef-
fective for calendar years beginning after
December 31, 2001, rather than effective
only with respect to hardship distributions
received after December 31, 2001. For
example, a plan that provides for hardship
distributions in accordance with the safe
harbor in Treas. Reg. § 1.401(k)
–1(d)(2)(iv)(B) may be amended to pro-
vide that an employee who receives a
hardship distribution in 2001 is prohibited
from making elective deferrals and em-
ployee contributions for 6 months after
receipt of the distribution (or until Janu-

2001–38 I.R.B.279September 17, 2001
ary 1, 2002, if later). However, a plan
sponsor generally could retain its existing
suspension period for all hardship distrib-
utions (or for all hardship distributions
prior to January 1, 2002).
However, in order to continue to rely
on the matching contribution safe harbor
in § 401(k)(12) or § 401(m)(11) of the
Code to satisfy the ADP or ACP test, a
plan must reduce the period during which
elective deferrals and employee contribu-
tions are suspended following a hardship
distribution from 12 months to 6 months
for calendar years beginning after Decem-
ber 31, 2001. A plan will not fail to sat-
isfy this requirement merely because it
provides that the reduction from 12
months to 6 months applies only to hard-
ship distributions made after December
31, 2001.
V. Effect on Other Documents
Notice 98–52 is modified.
DRAFTING INFORMATION
The principal author of this notice is
Ann Trichilo of the Employee Plans, Tax
Exempt and Government Entities Divi-
sion. For further information regarding
this notice, please contact the Employee
Plans’ taxpayer assistance telephone ser-
vice at (202) 283-9516 or (202) 283-
9517, between the hours of 1:30 p.m. and
3:30 p.m. Eastern Time, Monday through
Thursday. Ms. Trichilo may be reached at
(202) 283-9695. These telephone num-
bers are not toll-free.
Sample Plan Amendments for
the Economic Growth and Tax
Relief Reconciliation Act of
2001
Notice 2001–57
I. Purpose
This notice provides sample plan
amendments for the changes to the plan
qualification requirements under
§ 401(a) of the Internal Revenue Code
that were made by the Economic Growth
and Tax Relief Reconciliation Act of
2001, Pub. L. 107–16 (“EGTRRA”).
These sample amendments will help plan
sponsors and sponsors and adopters of
pre-approved plans comply with the re-
quirement to adopt good faith EGTRRA
plan amendments on a timely basis.
In some cases, plan sponsors may be
able to adopt the sample amendments ver-
batim. In other cases, plan sponsors may
have to modify the sample amendments to
make the amendments appropriate for
adoption in their plans.
The sample amendments are examples
of plan amendments that satisfy the good
faith requirement and should not be
viewed as interpretive guidance on the
EGTRRA changes to the qualification
requirements. Other guidance will ad-
dress the EGTRRA changes. See, for ex-
ample, Notice 2001–56, p. 277, this bul-
letin.
II. Background
EGTRRA. EGTRRA, which was en-
acted on June 7, 2001, includes numerous
changes to the qualified plan rules. Most
of these changes are effective in years be-
ginning after December 31, 2001. While
many of the changes are not mandatory, a
plan sponsor that chooses to implement
an optional provision of EGTRRA will
have to amend its plan to conform plan
provisions to plan operation.
EGTRRA Remedial Amendment Period
Requirements. Notice 2001–42 (2001–30
I.R.B. 70) designated as disqualifying
provisions under Treas. Reg. § 1.401(b)
–1(b) plan provisions that (1) must be
amended to satisfy the qualification re-
quirements of the Code because of
changes in those requirements made by
EGTRRA or (2) are integral to qualifica-
tion requirements changed by EGTRRA.
The effect of this designation is to provide
a remedial amendment period under
§ 401(b), ending no earlier than the end
of the 2005 plan year, in which any
needed retroactive remedial EGTRRA
plan amendments may be adopted (the
EGTRRA remedial amendment period).
The availability of the EGTRRA reme-
dial amendment period is conditioned on
the timely adoption of required good faith
EGTRRA plan amendments. There are
two circumstances in which a good faith
EGTRRA plan amendment is required.
First, a plan is required to have a good
faith EGTRRA plan amendment in effect
for a year if the plan is required to imple-
ment a provision of EGTRRA for the year
and the plan language, prior to the amend-
ment, is not consistent with the provision
of EGTRRA. Second, a plan is required
to have a good faith EGTRRA plan
amendment in effect for a year if the plan
sponsor elects to implement a provision
of EGTRRA for the year and the plan lan-
guage, prior to the amendment, is not con-
sistent with the operation of the plan in a
manner consistent with EGTRRA. A
good faith EGTRRA plan amendment is
timely if it is adopted no later than the
later of (i) the end of the plan year in
which the EGTRRA change in the qualifi-
cation requirements is required to be, or is
optionally, put into effect under the plan
or (ii) the end of the GUST remedial
amendment period for the plan.
1
Good Faith.A plan amendment is a
good faith EGTRRA plan amendment
only if the amendment represents a rea-
sonable effort to take into account all of
the requirements of the applicable
EGTRRA provision and does not reflect
an unreasonable or inconsistent interpre-
tation of the provision.
III. Sample EGTRRA Plan Amendments
In General.As provided in Notice
2001–42, the Service is publishing sam-
ple EGTRRA plan amendments that can
be adopted or used in drafting individual-
ized good faith plan amendments for indi-
vidually designed and pre-approved
plans. In some cases, plan sponsors may
be able to adopt the sample amendments
in this notice verbatim. In other cases,
plan sponsors may have to modify the
sample amendments to make them appro-
priate for adoption in their plans.
The availability of the EGTRRA reme-
dial amendment period is conditioned on
the timely adoption of good faith
1
The term “GUST” refers to the following:
• the Uruguay Round Agreements Act, Pub. L.
103-465;
• the Uniformed Services Employment and
Reemployment Rights Act of 1994, Pub. L.
103-353;
• the Small Business Job Protection Act of 1996,
Pub. L. 104-188;
• the Taxpayer Relief Act of 1997, Pub. L. 105-
34;
• the Internal Revenue Service Restructuring and
Reform Act of 1998, Pub. L. 105-206; and
• the Community Renewal Tax Relief Act of
2000, Pub. L. 106-554
Unless section 19 of Rev. Proc. 2000-20, 2000-6
I.R.B. 553, as modified by Notice 2001-42,
applies, the GUST remedial amendment period
generally ends on the last day of the 2001 plan
year.

September 17, 20012802001–38 I.R.B.
EGTRRA plan amendments, as noted
above. Many of the issues and questions
concerning the EGTRRA changes to the
qualification requirements are not ad-
dressed in the sample amendments.
Therefore, the sample amendments may
not contain all those provisions that will
be necessary to comply with the
EGTRRA changes once guidance on the
changes is issued. Nevertheless, proper
adoption of the sample amendments, or
plan amendments that are materially simi-
lar to the sample amendments, will, with
respect to the EGTRRA provisions ad-
dressed in the amendments that a sponsor
adopts, satisfy the good faith plan amend-
ment requirement and allow the amended
plan provisions to be retroactively
amended within the EGTRRA remedial
amendment period.
Of course, regardless of whether a plan
sponsor adopts the sample amendments in
this notice or its own good faith amend-
ments, the operation of the plan must also
reflect a good faith, reasonable interpreta-
tion of EGTRRA. Plan operation will not
reflect a good faith, reasonable interpreta-
tion of EGTRRA unless the operation is
consistent with published guidance begin-
ning no later than the effective date of the
guidance.
Some of the sample amendments re-
flect other guidance issued with respect to
the applicable section of EGTRRA. No-
tice 2001–56 provides guidance with re-
spect to the effective dates of the increase
in the § 401(a)(17) compensation limit
under EGTRRA § 611(c), the changes to
the top-heavy requirements of § 416
under EGTRRA § 613, and the change to
the suspension period for hardship distrib-
utions in a § 401(k) plan under EGTRRA
§ 636(a). The Service and Treasury will
issue additional guidance on other
EGTRRA changes in the near future, in-
cluding the increase in the § 415(b) dol-
lar limit under EGTRRA § 611(a) and the
catch-up contribution provisions under
EGTRRA § 631. The sample amend-
ments in this notice, materially similar
amendments, and other good faith amend-
ments will continue to be good faith
EGTRRA plan amendments, even after
the publication of additional guidance.
However, as provided above, a plan will
have to be operated in accordance with
such additional guidance as of the effec-
tive date of the guidance, notwithstanding
the provisions of the plan’s good faith
amendments.
Good Faith.The sample amendments,
and plan amendments that are materially
similar to the sample amendments, are
sufficient to satisfy the good faith plan
amendment requirement. A plan amend-
ment that represents a reasonable effort to
take into account all of the requirements
of the applicable EGTRRA provision and
does not reflect an unreasonable or incon-
sistent interpretation of the provision will
not fail to be a good faith plan amendment
merely because it is not materially similar
to a sample EGTRRA plan amendment.
Scope of the Sample Amendments. The
sample amendments address most of the
EGTRRA changes for which plan amend-
ments are either required or optional. The
sample amendments do not address
changes not generally applicable to plans;
changes not effective prior to the issuance
of regulations; and changes under
EGTRRA §§ 602 and 617, regarding
deemed individual retirement accounts
and annuities and Roth contribution pro-
grams in qualified plans, respectively.
The good faith plan amendment require-
ment described above applies with respect
to all the EGTRRA changes to the plan
qualification requirements, including
those that are not addressed in the sample
amendments. The sample amendments
also do not address EGTRRA changes re-
garding deduction limits and excise taxes.
Some amendments that would gener-
ally be optional may, in certain circum-
stances, be required. Plan sponsors
should make the determination of which
amendments are appropriate after review-
ing the EGTRRA changes in the context
of their plans and particular circum-
stances. The sample amendments include
notes to assist plan sponsors in this deter-
mination.
Format of the Sample Amendments.
The format of the sample amendments
generally follows the design of pre-ap-
proved plans, including all M&P plans,
that employ a “basic plan document” and
an “adoption agreement.” Thus, each
sample amendment includes language de-
signed for inclusion in a basic plan docu-
ment. In addition, some of the sample
amendments include language designed
for inclusion in an adoption agreement to
allow the employer to indicate whether, or
when, the corresponding basic plan docu-
ment provision will be effective in the
employer’s plan and to select among op-
tions related to the application of the basic
plan document provision. Sponsors may
modify the amendments to specify the
“default” option that will apply if an em-
ployer does not select an alternative op-
tion in the adoption agreement.
Sponsors of plans that do not use an
adoption agreement should modify the
format of the amendments to incorporate
the appropriate adoption agreement op-
tion(s) in the terms of the amendments.
The adoption agreement format is not
used in the sample amendment for multi-
employer plans for EGTRRA §§ 611(a)
and 654, regarding changes in the limita-
tions of § 415(b) of the Code.
Pre-approved plans that are amended
for EGTRRA in any manner other than by
the adoption of a separate, clearly identi-
fied addendum to the plan (or basic plan
document) and/or adoption agreement,
limited to the provisions of EGTRRA, will
be treated as individually designed plans.
The sample EGTRRA plan amendments
in this notice are designed to be easily in-
corporated in such a separate addendum,
so that a pre-approved plan will not be
treated as an individually designed plan.
The sample amendments have been de-
signed to facilitate their adoption in cases
where the plan’s language, including defi-
nitions, is similar to the sample plan pro-
visions in the Service’s Listing of Re-
quired Modifications(which is available
at http://www.irs.gov/ep). Thus, the sam-
ple amendments generally do not provide
definitions of terms used in the amend-
ments if equivalent terms should already
be defined in a plan. Among these terms
are the following: annual addition, annual
benefit, defined benefit compensation
limitation, determination date for top-
heavy status, elective deferrals, eligible
retirement plan, eligible rollover distribu-
tion, limitation year, and matching contri-
butions. Of course, a sponsor needs to en-
sure that the terminology of its good faith
EGTRRA plan amendments is consistent
with the plan’s existing terminology and
definitions. The sample amendments
generally do not address issues of plan de-
sign. Sponsors may want to add to or
modify the sample amendments to ad-
dress these issues.
The sample amendments are arranged
in these categories: all plans, defined

2001–38 I.R.B.281September 17, 2001
contribution plans, section 401(k) plans,
and defined benefit plans.
Effective Dates.Sponsors that adopt the
sample amendments may have to modify
the amendments’ effective dates to ensure
that no optional plan amendment is effec-
tive earlier than the date on which the cor-
responding EGTRRA change is put into ef-
fect under the plan. For plans maintained
pursuant to a collective bargaining agree-
ment, the effective date of the sample
amendment for EGTRRA § 633, regard-
ing faster vesting of matching contribu-
tions, may be modified to reflect the effec-
tive date in § 633(c)(2).
Time and Manner of Adoption.Al-
though good faith EGTRRA plan amend-
ments are generally not required to be
adopted earlier than the end of the plan
year in which the amendments are re-
quired to be, or are optionally, put into ef-
fect, earlier adoption may be necessary in
order to avoid a decrease or elimination of
benefits protected by § 411(d)(6). See
the discussion of § 411(d)(6) in section
III of Notice 2001–42.
A pre-approved plan may be amended
by the document’s sponsor to the extent
authorized. For example, a sponsor of an
M&P plan may amend the plan on behalf
of adopting employers. If the amendment
of a pre-approved plan includes an adden-
dum to the adoption agreement, the ad-
dendum is effective only if signed and
dated by the employer.
Determination Letters and Reliance.
Until further notice, the Service will not
consider EGTRRA in issuing determina-
tion, opinion, and advisory letters, and
such letters may not be relied on with re-
spect to the EGTRRA changes, regardless
of whether the plan has been amended by
the adoption of the sample EGTRRA plan
amendments. However, an employer’s
ability to otherwise rely on a favorable
letter will not be adversely affected by the
timely adoption of good faith EGTRRA
plan amendments.
Possible Subsequent Required Amend-
ments.The Service and Treasury will
provide additional guidance on
EGTRRA. Plans amended by the timely
adoption of good faith EGTRRA plan
amendments, including the sample
amendments, may have to be amended
again by the end of the EGTRRA reme-
dial amendment period to comply with
additional guidance. In addition, as pro-
vided above, plans will have to be oper-
ated consistent with such additional guid-
ance as of the effective date of the guid-
ance.
Application to Other Plans.Although
the sample amendments are designed for
plans qualified under § 401(a), some of
the sample amendments may be used in
an appropriate context in other plans, in-
cluding § 403(b) plans. Future guidance
will address the EGTRRA changes ap-
plicable to § 457 plans.
IV. Effect on Other Documents.
Notice 2001–42 is modified.
DRAFTING INFORMATION
The principal drafter of this notice is
James Flannery of Employee Plans. For
further information regarding this notice,
please contact Employee Plans’ taxpayer
assistance telephone service at (202) 283-
9516 or (202) 283-9517, between the
hours of 1:30 p.m. and 3:30 p.m. Eastern
Time, Monday through Thursday. Mr.
Flannery may be reached at (202) 283-
9613. These telephone numbers are not
toll-free.
SAMPLE EGTRRA PLAN
AMENDMENTS FOR ALL PLANS
Sample Preamble Adopting Good
Faith Amendments and Superseding
Inconsistent Plan Provisions
(The following sample preamble is op-
tional. However, plan sponsors that do
not adopt this or a similar provision will
have to modify some of the amend-
ments that follow to specify effective
dates and supersede inconsistent plan
provisions.)
AMENDMENT OF THE PLAN FOR
EGTRRA
PREAMBLE
1. Adoption and effective date of amend-
ment. This amendment of the plan is
adopted to reflect certain provisions of the
Economic Growth and Tax Relief Recon-
ciliation Act of 2001 (“EGTRRA”). This
amendment is intended as good faith
compliance with the requirements of
EGTRRA and is to be construed in accor-
dance with EGTRRA and guidance issued
thereunder. Except as otherwise pro-
vided, this amendment shall be effective
as of the first day of the first plan year be-
ginning after December 31, 2001.
2. Supersession of inconsistent provi-
sions. This amendment shall supersede
the provisions of the plan to the extent
those provisions are inconsistent with the
provisions of this amendment.
Sample Plan Amendment for § 612 of
EGTRRA
(The following amendment is required for
plans that provide loans to participants
but prohibit the making of loans to owner-
employees or Subchapter S shareholder-
employees.)
SECTION . PLAN LOANS FOR
OWNER-EMPLOYEES AND
SHAREHOLDER EMPLOYEES
Effective for plan loans made after Decem-
ber 31, 2001, plan provisions prohibiting
loans to any owner-employee or share-
holder-employee shall cease to apply.
SAMPLE EGTRRA PLAN
AMENDMENTS FOR DEFINED
CONTRIBUTION PLANS
Sample Plan Amendment for §§ 611(b)
and 632 of EGTRRA
(Although plans may impose lower limits
on contributions and allocations than the
limits under § 415(c) of the Code, the
following amendment will generally be
required in order to avoid a related viola-
tion of § 401(a). This could occur, for
example, if the plan allocates excess an-
nual additions to a suspense account.
(See Notice 99–44, Q&A–8, 1999–2 C.B.
326.) A plan that correctly incorporates
the § 415(c) limits by reference will auto-
matically reflect the EGTRRA changes
and need not be amended.)
SECTION
. LIMITATIONS ON
CONTRIBUTIONS
1. Effective date. This section shall be
effective for limitation years beginning
after December 31, 2001.
2. Maximum annual addition. Except to
the extent permitted under section
of
this amendment [enter the section of the
amendment that provides for catch-up

September 17, 20012822001–38 I.R.B.
contributions under EGTRRA § 631] and
section 414(v) of the Code, if applicable,
the annual addition that may be con-
tributed or allocated to a participant’s ac-
count under the plan for any limitation
year shall not exceed the lesser of:
(a) $40,000, as adjusted for in-
creases in the cost-of-living
under section 415(d) of the
Code, or
(b) 100 percent of the participant’s
compensation, within the mean-
ing of section 415(c)(3) of the
Code, for the limitation year.
The compensation limit referred to in (b)
shall not apply to any contribution for
medical benefits after separation from
service (within the meaning of section
401(h) or section 419A(f)(2) of the Code)
which is otherwise treated as an annual
addition.
Sample Plan Amendment for § 611(c)
of EGTRRA
(The following sample amendment is op-
tional. It should be adopted if the plan
sponsor wants to increase the limit on an-
nual compensation taken into account
under the plan in plan years beginning
after December 31, 2001, to $200,000. If
the plan bases allocations for plan years
beginning after December 31, 2001, on
compensation for periods beginning before
January 1, 2002, the amendment should be
modified to include provisions similar to
the prior year limit and adoption agree-
ment provisions of the sample amendment
for EGTRRA § 611(c) for defined benefit
plans. Also see Notice 2001–56 for guid-
ance regarding the effective date of the
change made by EGTRRA § 611(c).)
SECTION
. INCREASE IN
COMPENSATION LIMIT
The annual compensation of each partici-
pant taken into account in determining al-
locations for any plan year beginning
after December 31, 2001, shall not exceed
$200,000, as adjusted for cost-of-living
increases in accordance with section
401(a)(17)(B) of the Code. Annual com-
pensation means compensation during the
plan year or such other consecutive 12-
month period over which compensation is
otherwise determined under the plan (the
determination period). The cost-of-living
adjustment in effect for a calendar year
applies to annual compensation for the
determination period that begins with or
within such calendar year.
Sample Plan Amendment for § 613 of
EGTRRA
(The following sample amendment ap-
plies to all plans that are required to in-
clude provisions to determine whether the
plan is top-heavy and that apply if the
plan is top-heavy. The amendment is re-
quired. However, the amendment is not
required for plans that consist solely of a
cash or deferred arrangement which
meets the safe harbor requirements of
§ 401(k)(12) of the Code and matching
contributions with respect to which the
safe harbor requirements of § 401(m)(11)
of the Code are met. For these plans, see
the sample plan amendments for
EGTRRA § 613 under Sample Plan
Amendments for Section 401(k) Plans.)
SECTION. MODIFICATION
OF TOP-HEAVY RULES
1. Effective date. This section shall
apply for purposes of determining
whether the plan is a top-heavy plan
under section 416(g) of the Code for plan
years beginning after December 31, 2001,
and whether the plan satisfies the mini-
mum benefits requirements of section
416(c) of the Code for such years. This
section amends section of the plan
[enter the section of the plan that includes
top-heavy provisions].
2. Determination of top-heavy status.
2.1 Key employee. Key employee
means any employee or former em-
ployee (including any deceased em-
ployee) who at any time during the plan
year that includes the determination date
was an officer of the employer having
annual compensation greater than
$130,000 (as adjusted under section
416(i)(1) of the Code for plan years be-
ginning after December 31, 2002), a
5-percent owner of the employer, or a
1-percent owner of the employer having
annual compensation of more than
$150,000. For this purpose, annual com-
pensation means compensation within
the meaning of section 415(c)(3) of the
Code. The determination of who is a key
employee will be made in accordance
with section 416(i)(1) of the Code and
the applicable regulations and other
guidance of general applicability issued
thereunder.
2.2 Determination of present values and
amounts. This section 2.2 shall apply for
purposes of determining the present val-
ues of accrued benefits and the amounts
of account balances of employees as of
the determination date.
2.2.1 Distributions during year ending on
the determination date. The present val-
ues of accrued benefits and the amounts
of account balances of an employee as of
the determination date shall be increased
by the distributions made with respect to
the employee under the plan and any plan
aggregated with the plan under section
416(g)(2) of the Code during the 1-year
period ending on the determination date.
The preceding sentence shall also apply to
distributions under a terminated plan
which, had it not been terminated, would
have been aggregated with the plan under
section 416(g)(2)(A)(i) of the Code. In
the case of a distribution made for a rea-
son other than separation from service,
death, or disability, this provision shall be
applied by substituting “5-year period”
for “1-year period.”
2.2.2 Employees not performing services
during year ending on the determination
date. The accrued benefits and accounts
of any individual who has not performed
services for the employer during the
1-year period ending on the determination
date shall not be taken into account.
3. Minimum benefits.
3.1 Matching contributions. Employer
matching contributions shall be taken into
account for purposes of satisfying the
minimum contribution requirements of
section 416(c)(2) of the Code and the plan.
The preceding sentence shall apply with
respect to matching contributions under
the plan or, if the plan provides that the
minimum contribution requirement shall
be met in another plan, such other plan.
Employer matching contributions that are
used to satisfy the minimum contribution
requirements shall be treated as matching
contributions for purposes of the actual
contribution percentage test and other re-
quirements of section 401(m) of the Code.

2001–38 I.R.B.283September 17, 2001
3.2 Contributions under other plans. The
employer may provide in the adoption
agreement that the minimum benefit re-
quirement shall be met in another plan
(including another plan that consists
solely of a cash or deferred arrangement
which meets the requirements of section
401(k)(12) of the Code and matching con-
tributions with respect to which the re-
quirements of section 401(m)(11) of the
Code are met).
(Adoption agreement provision)
Minimum Benefits for Employees Also
Covered Under Another Plan:
(The employer should describe below the
extent, if any, to which the top-heavy
minimum benefit requirement of section
416(c) of the Code and sectionof
the plan shall be met in another plan.
This should include the name of the other
plan, the minimum benefit that will be
provided under such other plan, and the
employees who will receive the minimum
benefit under such other plan.)
Sample Plan Amendment for § 633 of
EGTRRA
(Plans that provide for matching contribu-
tions, as defined in § 401(m)(4)(A) of the
Code, that do not vest at least as rapidly
as under one of the two alternative sched-
ules in EGTRRA § 633 must be amended
to satisfy EGTRRA § 633 for contribu-
tions for plan years beginning after De-
cember 31, 2001. The following amend-
ment is effective for plan years beginning
after December 31, 2001, but applies to
all matching contributions under the plan,
including contributions for plan years be-
ginning before January 1, 2002. The
amendment may be modified to limit its
application to contributions for plan years
beginning after December 31, 2001. The
amendment may also be modified to pro-
vide for any other vesting schedule that is
at least as rapid as one of the alternative
schedules in EGTRRA § 633.)
SECTION . VESTING OF
EMPLOYER MATCHING
CONTRIBUTIONS
1. Applicability. This section shall apply
to participants with accrued benefits de-
rived from employer matching contribu-
tions who complete an hour of service
under the plan in a plan year beginning
after December 31, 2001. If elected by
the employer in the adoption agreement,
this section shall also apply to all other
participants with accrued benefits derived
from employer matching contributions.
2. Vesting schedule. A participant’s ac-
crued benefit derived from employer
matching contributions shall vest as pro-
vided by the employer in the adoption
agreement. If the vesting schedule for
employer matching contributions in Op-
tion 3 of the adoption agreement is
elected, the election in section
of
the plan [enter the section of the plan that
provides for the election of the former
vesting schedule under § 411(a)(10) of
the Code] shall apply.
(Adoption agreement provisions)
Application of Section , Vesting of
Employer Matching Contributions:
(Check the following option to apply Sec-
tion , Vesting of Employer Matching
Contributions, to all participants with ac-
crued benefits derived from employer
matching contributions, rather than just
those who complete an hour of service
under the plan in a plan year beginning
after December 31, 2001.)
Section , Vesting of Em-
ployer Matching Contributions, shall
apply to all participants with accrued ben-
efits derived from employer matching
contributions.
Vesting Schedule for Employer Matching
Contributions:
Option 1. A participant’s accrued
benefit derived from employer matching
contributions shall be fully and immedi-
ately vested.
Option 2. A participant’s accrued
benefit derived from employer matching
contributions shall be nonforfeitable upon
the participant’s completion of three years
of vesting service.
Option 3. A participant’s accrued
benefit derived from employer matching
contributions shall vest according to the
following schedule:
Years of vesting serviceNonforfeitable percentage
220
340
460
580
6100
Sample Plan Amendment for
§§ 636(b), 641, 642, and 643 of
EGTRRA
(The following sample amendment is re-
quired. However, the third paragraph
should be deleted in the case of plans that
do not provide for hardship distributions.
The fourth paragraph should be deleted in
the case of plans that do not have after-tax
employee contributions.)
SECTION
. DIRECT
ROLLOVERS OF PLAN
DISTRIBUTIONS
1. Effective date. This section shall
apply to distributions made after Decem-
ber 31, 2001.
2. Modification of definition of eligible
retirement plan. For purposes of the di-
rect rollover provisions in section of
the plan, an eligible retirement plan shall
also mean an annuity contract described
in section 403(b) of the Code and an eligi-
ble plan under section 457(b) of the Code
which is maintained by a state, political
subdivision of a state, or any agency or
instrumentality of a state or political sub-
division of a state and which agrees to
separately account for amounts trans-
ferred into such plan from this plan. The
definition of eligible retirement plan shall
also apply in the case of a distribution to a

surviving spouse, or to a spouse or former
spouse who is the alternate payee under a
qualified domestic relation order, as de-
fined in section 414(p) of the Code.
3. Modification of definition of eligible
rollover distribution to exclude hardship
distributions. For purposes of the direct
rollover provisions in section of
the plan, any amount that is distributed on
account of hardship shall not be an eligi-
ble rollover distribution and the distribu-
tee may not elect to have any portion of
such a distribution paid directly to an eli-
gible retirement plan.
4. Modification of definition of eligible
rollover distribution to include after-tax
employee contributions. For purposes
of the direct rollover provisions in sec-
tion of the plan, a portion of a
distribution shall not fail to be an eligi-
ble rollover distribution merely because
the portion consists of after-tax em-
ployee contributions which are not in-
cludible in gross income. However,
such portion may be transferred only to
an individual retirement account or an-
nuity described in section 408(a) or (b)
of the Code, or to a qualified defined
contribution plan described in section
401(a) or 403(a) of the Code that agrees
to separately account for amounts so
transferred, including separately ac-
counting for the portion of such distribu-
tion which is includible in gross income
and the portion of such distribution
which is not so includible.
Sample Plan Amendment to Specify
Additional Types of Rollovers Accepted
by the Plan Pursuant to EGTRRA
§§ 641, 642, and 643
(A plan is not required to accept rollover
contributions, including direct rollovers
under § 401(a)(31) of the Code. The fol-
lowing optional sample amendment may
be used to specify additional types of
rollovers the plan will accept pursuant to
EGTRRA §§ 641, 642, and 643. A plan
that accepts rollovers may be required to
separately account for such amounts.)
SECTION _____. ROLLOVERS FROM
OTHER PLANS
If provided by the employer in the adop-
tion agreement, the plan will accept par-
ticipant rollover contributions and/or di-
rect rollovers of distributions made after
December 31, 2001, from the types of
plans specified in the adoption agreement,
beginning on the effective date specified
in the adoption agreement.
(Adoption agreement provisions)
Direct Rollovers:
The plan will accept a direct rollover of
an eligible rollover distribution from:
(Check each that applies or none.)
a qualified plan described in section
401(a) or 403(a) of the Code, excluding
after-tax employee contributions.
a qualified plan described in section
401(a) or 403(a) of the Code, including
after-tax employee contributions.
an annuity contract described in sec-
tion 403(b) of the Code, excluding after-
tax employee contributions.
an eligible plan under section 457(b)
of the Code which is maintained by a
state, political subdivision of a state, or
any agency or instrumentality of a state or
political subdivision of a state.
Participant Rollover Contributions from
Other Plans:
The plan will accept a participant contri-
bution of an eligible rollover distribution
from: (Check each that applies or none.)
a qualified plan described in section
401(a) or 403(a) of the Code.
an annuity contract described in sec-
tion 403(b) of the Code.
an eligible plan under section 457(b)
of the Code which is maintained by a
state, political subdivision of a state, or
any agency or instrumentality of a state or
political subdivision of a state.
Participant Rollover Contributions from
IRAs:
The plan: (Choose one.)
will
will not
accept a participant rollover contribution
of the portion of a distribution from an in-
dividual retirement account or annuity de-
scribed in section 408(a) or 408(b) of the
Code that is eligible to be rolled over and
would otherwise be includible in gross in-
come.
Effective Date of Direct Rollover and
Participant Rollover Contribution
Provisions:
Section , Rollovers From Other
Plans, shall be effective:
________________ (Enter a date no ear-
lier than January 1, 2002.)
Sample Plan Amendment for § 648 of
EGTRRA
(The following optional sample amend-
ment may be adopted by plans that pro-
vide for involuntary cash-outs, other than
plans that are subject to the qualified joint
and survivor annuity requirements of
§§ 401(a)(11) and 417 of the Code. Note
that this amendment will result in the in-
voluntary distribution of a separated par-
ticipant’s account over $5,000 if the por-
tion of the account that is not attributable
to rollover contributions is $5,000 or
less.)
SECTION
. ROLLOVERS
DISREGARDED IN INVOLUNTARY
CASH-OUTS
1. Applicability and effective date. This
section shall apply if elected by the em-
ployer in the adoption agreement and
shall be effective as specified in the adop-
tion agreement.
2. Rollovers disregarded in determining
value of account balance for involuntary
distributions. If elected by the employer
in the adoption agreement, for purposes
of section
of the plan [enter the
section of the plan that provides for the
involuntary distribution of vested accrued
benefits of $5,000 or less], the value of a
participant’s nonforfeitable account bal-
ance shall be determined without regard
to that portion of the account balance that
is attributable to rollover contributions
(and earnings allocable thereto) within the
meaning of sections 402(c), 403(a)(4),
403(b)(8), 408(d)(3)(A)(ii), and 457(e)
(16) of the Code. If the value of the par-
ticipant’s nonforfeitable account balance
as so determined is $5,000 or less, the
plan shall immediately distribute the par-
ticipant’s entire nonforfeitable account
balance.
September 17, 20012842001–38 I.R.B.

(Adoption agreement provisions)
Treatment of Rollovers in Application of
Involuntary Cash-out Provisions:
The employer: (choose one)
elects
does not elect
to exclude rollover contributions in deter-
mining the value of the participant’s non-
forfeitable account balance for purposes
of the plan’s involuntary cash-out rules.
If the employer has elected to exclude
rollover contributions, the election shall
apply with respect to distributions made
after:
(Enter a date no earlier
than December 31, 2001.)
with respect to participants who separated
from service after:
(Enter date. The date
may be earlier than December 31, 2001.)
Sample Plan Amendment for § 666 of
EGTRRA
(The following sample amendment is re-
quired for plans subject to the multiple
use test described in Treas. Reg. § 1.401
(m)–2.)
SECTION . REPEAL OF
MULTIPLE USE TEST
The multiple use test described in Trea-
sury Regulation section 1.401(m)–2 and
section of the plan shall not
apply for plan years beginning after De-
cember 31, 2001.
SAMPLE PLAN AMENDMENTS
FOR SECTION 401(k) PLANS
Sample Plan Amendment for § 611(d)
of EGTRRA
(Unless the plan correctly incorporates
the limitation of § 402(g) of the Code by
reference, the plan cannot permit the
higher amount of elective deferrals under
EGTRRA unless it adopts the following
or similar amendment.)
SECTION . ELECTIVE
DEFERRALS — CONTRIBUTION
LIMITATION
No participant shall be permitted to have
elective deferrals made under this plan, or
any other qualified plan maintained by the
employer during any taxable year, in ex-
cess of the dollar limitation contained in
section 402(g) of the Code in effect for
such taxable year, except to the extent
permitted under section of this
amendment [enter the section of the
amendment that provides for catch-up
contributions under EGTRRA § 631] and
section 414(v) of the Code, if applicable.
Sample Plan Amendment for § 611(f)
of EGTRRA
(The following sample amendment is
only for SIMPLE 401(k) plans. This
amendment is not necessary if the plan
correctly incorporates the limitation in
§ 408(p)(2)(A)(ii) of the Code.)
SECTION . MAXIMUM
SALARY REDUCTION
CONTRIBUTIONS
Except to the extent permitted under sec-
tion of this amendment [enter the
section of the amendment that provides
for catch-up contributions under
EGTRRA § 631] and section 414(v) of
the Code, if applicable, the maximum
salary reduction contribution that can be
made to this plan is the amount deter-
mined under section 408(p)(2)(A)(ii) of
the Code for the calendar year.
Sample Plan Amendment for § 613 of
EGTRRA
(The following sample amendment is
only for plans that consist solely of a cash
or deferred arrangement which meets the
requirements of § 401(k)(12) of the Code
and matching contributions with respect
to which the requirements of § 401(m)
(11) of the Code are met.)
SECTION . MODIFICATION
OF TOP-HEAVY RULES
The top-heavy requirements of section
416 of the Code and section of the
plan shall not apply in any year beginning
after December 31, 2001, in which the
plan consists solely of a cash or deferred
arrangement which meets the require-
ments of section 401(k)(12) of the Code
and matching contributions with respect
to which the requirements of section
401(m)(11) of the Code are met.
Sample Plan Amendment for § 631 of
EGTRRA
(The following amendment is optional.)
SECTION . CATCH-UP
CONTRIBUTIONS
If elected by the employer in the adoption
agreement, all employees who are eligible
to make elective deferrals under this plan
and who have attained age 50 before the
close of the plan year shall be eligible to
make catch-up contributions in accor-
dance with, and subject to the limitations
of, section 414(v) of the Code. Such
catch-up contributions shall not be taken
into account for purposes of the provi-
sions of the plan implementing the re-
quired limitations of sections 402(g) and
415 of the Code. The plan shall not be
treated as failing to satisfy the provisions
of the plan implementing the require-
ments of section 401(k)(3), 401(k)(11),
401(k)(12), 410(b), or 416 of the Code, as
applicable, by reason of the making of
such catch-up contributions.
(Adoption agreement provision)
Section
, Catch-up Contributions:
(Choose one.)
shall apply to contributions after
. (Enter December 31, 2001, or a
later date).
shall not apply.
Sample Plan Amendment for § 636(a)
of EGTRRA
(The following sample amendment is op-
tional for section 401(k) plans (other than
plans described in § 401(k)(12) or
401(m)(11) of the Code) that use the safe
harbor (deemed) standards for hardship
distributions of elective contributions set
forth in Treas. Reg. § 1.401(k)–1(d)
(2)(iv). The amendment is required for a
plan described in § 401(k)(12) or
401(m)(11) of the Code. Also see Notice
2001–56 for guidance regarding the effec-
tive date of the change made by EGTRRA
§ 636(a).)
2001–38 I.R.B.285September 17, 2001

SECTION _____. SUSPENSION
PERIOD FOLLOWING HARDSHIP
DISTRIBUTION
A participant who receives a distribution
of elective deferrals after December 31,
2001, on account of hardship shall be pro-
hibited from making elective deferrals
and employee contributions under this
and all other plans of the employer for 6
months after receipt of the distribution. A
participant who receives a distribution of
elective deferrals in calendar year 2001
on account of hardship shall be prohibited
from making elective deferrals and em-
ployee contributions under this and all
other plans of the employer for the period
specified by the employer in the adoption
agreement.
(Adoption agreement provision)
Suspension Period for Hardship
Distributions: (Choose one.)
A participant who receives a distri-
bution of elective deferrals in calendar
year 2001 on account of hardship shall be
prohibited from making elective deferrals
and employee contributions under this
and all other plans of the employer for 6
months after receipt of the distribution or
until January 1, 2002, if later.
A participant who receives a distri-
bution of elective deferrals in calendar
year 2001 on account of hardship shall be
prohibited from making elective deferrals
and employee contributions under this
and all other plans of the employer for the
period specified in the provisions of the
plan relating to suspension of elective de-
ferrals that were in effect prior to this
amendment.
Sample Plan Amendment for § 646 of
EGTRRA
(The following amendment is optional.)
SECTION
. DISTRIBUTION
UPON SEVERANCE FROM
EMPLOYMENT
1. Effective date. If elected by the em-
ployer in the adoption agreement, this
section shall apply for distributions and
severances from employment occurring
after the dates specified in the adoption
agreement.
2. New distributable event. A partici-
pant’s elective deferrals, qualified non-
elective contributions, qualified matching
contributions, and earnings attributable to
these contributions shall be distributed on
account of the participant’s severance
from employment. However, such a dis-
tribution shall be subject to the other pro-
visions of the plan regarding distribu-
tions, other than provisions that require a
separation from service before such
amounts may be distributed.
(Adoption agreement provision)
Section
, Distribution Upon Sev-
erance from Employment, shall apply for
distributions after:
(Enter a date no earlier than De-
cember 31, 2001.),
(Choose one.)
regardless of when the sever-
ance from employment occurred.
for severances from employ-
ment occurring after. (Enter
date.)
SAMPLE PLAN AMENDMENTS
FOR DEFINED BENEFIT PLANS
Sample Plan Amendment for § 611(a)
of EGTRRA for Non-Multiemployer
Plans
(The following sample amendment is op-
tional for non-multiemployer plans that
do not incorporate the § 415(b) limits by
reference.
The last two sentences of section 3.2(b) of
the amendment and the last sentence of
section 3.2(c) may be modified to con-
form to Notice 87–21 (1987–1 C.B. 458)
and Notice 83–10 (1983–1 C.B. 536).
These notices provide alternatives with
regard to the application of the mortality
decrement in making the adjustments
under section 3.2(b) and (c) of the amend-
ment.
In addition to the following amendment,
non-multiemployer plans should be
amended as necessary to reflect EGTRRA
§ 654(b). Section 654(b) of EGTRRA
changed the § 415 aggregation rules to
provide that, for limitation years begin-
ning after December 31, 2001, a multiem-
ployer plan is not combined or aggregated
with a non-multiemployer plan for pur-
poses of applying the § 415(b)(1)(B)
compensation limit to the non-multiem-
ployer plan.
If a plan’s normal retirement age (NRA)
is below 65, the plan’s provisions regard-
ing post-NRA accruals and actuarial in-
creases for deferred benefits must be co-
ordinated with the following amendment
to ensure that the plan does not violate
§ 401(a) of the Code. In order to avoid
such a violation, a plan may have to pay
benefits at NRA, notwithstanding a par-
ticipant’s continued employment, or pro-
vide for the suspension of benefits in ac-
cordance with § 411(a)(3)(B) of the
Code.)
SECTION . LIMITATIONS ON
BENEFITS
1. Effective date. This section shall be
effective for limitation years ending after
December 31, 2001.
2. Effect on participants. Benefit in-
creases resulting from the increase in the
limitations of section 415(b) of the Code
will be provided to those participants
specified by the employer in the adoption
agreement.
3. Definitions.
3.1 Defined benefit dollar limitation.
The “defined benefit dollar limitation” is
$160,000, as adjusted, effective January 1
of each year, under section 415(d) of the
Code in such manner as the Secretary
shall prescribe, and payable in the form of
a straight life annuity. A limitation as ad-
justed under section 415(d) will apply to
limitation years ending with or within the
calendar year for which the adjustment
applies.
3.2 Maximum permissible benefit: The
“maximum permissible benefit” is the
lesser of the defined benefit dollar limita-
tion or the defined benefit compensation
limitation (both adjusted where required,
as provided in (a) and, if applicable, in (b)
or (c) below).
(a) If the participant has fewer than 10
years of participation in the plan, the
defined benefit dollar limitation shall
be multiplied by a fraction, (i) the nu-
merator of which is the number of
years (or part thereof) of participation
in the plan and (ii) the denominator of
September 17, 20012862001–38 I.R.B.

which is 10. In the case of a participant
who has fewer than 10 years of service
with the employer, the defined benefit
compensation limitation shall be multi-
plied by a fraction, (i) the numerator of
which is the number of years (or part
thereof) of service with the employer
and (ii) the denominator of which is 10.
(b) If the benefit of a participant begins
prior to age 62, the defined benefit dol-
lar limitation applicable to the partici-
pant at such earlier age is an annual
benefit payable in the form of a straight
life annuity beginning at the earlier age
that is the actuarial equivalent of the
defined benefit dollar limitation applic-
able to the participant at age 62 (ad-
justed under (a) above, if required).
The defined benefit dollar limitation
applicable at an age prior to age 62 is
determined as the lesser of (i) the actu-
arial equivalent (at such age) of the de-
fined benefit dollar limitation com-
puted using the interest rate and
mortality table (or other tabular factor)
specified in section
of the
plan and (ii) the actuarial equivalent (at
such age) of the defined benefit dollar
limitation computed using a 5-percent
interest rate and the applicable mortal-
ity table as defined in section
of the plan. Any decrease in
the defined benefit dollar limitation
determined in accordance with this
paragraph (b) shall not reflect a mor-
tality decrement if benefits are not for-
feited upon the death of the partici-
pant. If any benefits are forfeited
upon death, the full mortality decre-
ment is taken into account.
(c) If the benefit of a participant begins
after the participant attains age 65, the
defined benefit dollar limitation applic-
able to the participant at the later age is
the annual benefit payable in the form
of a straight life annuity beginning at
the later age that is actuarially equiva-
lent to the defined benefit dollar limita-
tion applicable to the participant at age
65 (adjusted under (a) above, if re-
quired). The actuarial equivalent of the
defined benefit dollar limitation applic-
able at an age after age 65 is deter-
mined as (i) the lesser of the actuarial
equivalent (at such age) of the defined
benefit dollar limitation computed
using the interest rate and mortality
table (or other tabular factor) specified
in section of the plan and (ii)
the actuarial equivalent (at such age) of
the defined benefit dollar limitation
computed using a 5-percent interest
rate assumption and the applicable
mortality table as defined in section
of the plan. For these pur-
poses, mortality between age 65 and
the age at which benefits commence
shall be ignored.
(Adoption agreement provision)
Benefit Increases Resulting from the
Increase in the Limitations of
Section 415(b) of the Code
Benefit increases resulting from the in-
crease in the limitations of section 415(b)
of the Code shall be provided to: (Choose
one.)
all current and former participants
(with benefits limited by section 415(b))
who have an accrued benefit under the
plan immediately prior to the effective
date of this section (other than an accrued
benefit resulting from a benefit increase
solely as a result of the increases in limi-
tations under section 415(b)).
all employees participating in the
plan who have one hour of service on or
after the first day of the first limitation
year ending after December 31, 2001.
Sample Plan Amendment for §§ 611(a)
and 654 of EGTRRA for Multiemployer
Plans
(The following sample amendment is op-
tional for multiemployer plans that do not
incorporate the § 415(b) limits by refer-
ence.
The last two sentences of section 3.2(b) of
the amendment and the last sentence of
section 3.2(c) may be modified to conform
to Notice 87–21 (1987–1 C.B. 458) and
Notice 83–10 (1983–1 C.B. 536). These
notices provide alternatives with regard to
the application of the mortality decrement
in making the adjustments under section
3.2(b) and (c) of the amendment.
Section 3.2(d) of the amendment should
be deleted if the plan’s limitation year is
the calendar year.
Section 654(b) of EGTRRA changed the
§ 415 aggregation rules to provide that,
for limitation years beginning after De-
cember 31, 2001, a multiemployer plan is
not combined or aggregated with a non-
multiemployer plan for purposes of ap-
plying the § 415(b)(1)(B) compensation
limit to the non-multiemployer plan. This
change is not reflected in this amendment
for multiemployer plans. Plan sponsors
should review their plans to determine if a
plan amendment for EGTRRA § 654(b)
should be adopted.
If a plan’s normal retirement age (NRA)
is below 65, the plan’s provisions regard-
ing post-NRA accruals and actuarial in-
creases for deferred benefits must be co-
ordinated with the following amendment
to ensure that the plan does not violate
§ 401(a) of the Code. In order to avoid
such a violation, a plan may have to pay
benefits at NRA, notwithstanding a par-
ticipant’s continued employment, or pro-
vide for the suspension of benefits in ac-
cordance with § 411(a)(3)(B) of the
Code.)
SECTION
. LIMITATIONS ON
BENEFITS
1. Effective date. This section shall be
effective for limitation years ending after
December 31, 2001, except as provided in
section 3.2(d).
2. Effect on participants. Benefit in-
creases resulting from the increase in the
limitations of section 415(b) of the Code
will be provided to [enter one of the fol-
lowing 2 options: all current and former
participants (with benefits limited by sec-
tion 415(b)) who have an accrued benefit
under the plan immediately prior to the
effective date (other than an accrued ben-
efit resulting from a benefit increase
solely as a result of the increases in limi-
tations under section 415(b)); all employ-
ees participating in the plan who have one
hour of service on or after the first day of
the first limitation year ending after De-
cember 31, 2001].
3. Definitions.
3.1 Defined benefit dollar limitation.
The “defined benefit dollar limitation” is
$160,000, as adjusted, effective January 1
of each year, under section 415(d) of the
Code in such manner as the Secretary
shall prescribe, and payable in the form of
a straight life annuity. A limitation as ad-
2001–38 I.R.B.287September 17, 2001

justed under section 415(d) will apply to
limitation years ending with or within the
calendar year for which the adjustment
applies.
3.2 Maximum permissible benefit: The
“maximum permissible benefit” is the de-
fined benefit dollar limitation (adjusted
where required, as provided in (a) and, if
applicable, in (b) or (c) below, and lim-
ited, if applicable, as provided in (d)
below).
(a) If the participant has fewer than 10
years of participation in the plan, the
defined benefit dollar limitation shall
be multiplied by a fraction, (i) the nu-
merator of which is the number of
years (or part thereof) of participation
in the plan and (ii) the denominator of
which is 10.
(b) If the benefit of a participant be-
gins prior to age 62, the defined bene-
fit dollar limitation applicable to the
participant at such earlier age is an an-
nual benefit payable in the form of a
straight life annuity beginning at the
earlier age that is the actuarial equiva-
lent of the defined benefit dollar limi-
tation applicable to the participant at
age 62 (adjusted under (a) above, if re-
quired). The defined benefit dollar
limitation applicable at an age prior to
age 62 is determined as the lesser of
(i) the actuarial equivalent (at such
age) of the defined benefit dollar limi-
tation computed using the interest rate
and mortality table (or other tabular
factor) specified in section
of the plan and (ii) the actu-
arial equivalent (at such age) of the
defined benefit dollar limitation com-
puted using a 5-percent interest rate
and the applicable mortality table as
defined in section of the plan.
Any decrease in the defined benefit
dollar limitation determined in accor-
dance with this paragraph (b) shall not
reflect a mortality decrement if bene-
fits are not forfeited upon the death of
the participant. If any benefits are for-
feited upon death, the full mortality
decrement is taken into account.
(c) If the benefit of a participant be-
gins after the participant attains age
65, the defined benefit dollar limita-
tion applicable to the participant at the
later age is the annual benefit payable
in the form of a straight life annuity
beginning at the later age that is actu-
arially equivalent to the defined bene-
fit dollar limitation applicable to the
participant at age 65 (adjusted under
(a) above, if required). The actuarial
equivalent of the defined benefit dol-
lar limitation applicable at an age after
age 65 is determined as (i) the lesser
of the actuarial equivalent (at such
age) of the defined benefit dollar limi-
tation computed using the interest rate
and mortality table (or other tabular
factor) specified in section of
the plan and (ii) the actuarial equiva-
lent (at such age) of the defined bene-
fit dollar limitation computed using a
5-percent interest rate assumption and
the applicable mortality table as de-
fined in section of the plan.
For these purposes, mortality between
age 65 and the age at which benefits
commence shall be ignored.
(d) Notwithstanding the above, for lim-
itation years beginning before January
1, 2002, the maximum permissible ben-
efit will not exceed the defined benefit
compensation limitation. In the case of
a participant who has fewer than 10
years of service with the employer, the
defined benefit compensation limita-
tion shall be multiplied by a fraction,
(i) the numerator of which is the num-
ber of years (or part thereof) of service
with the employer and (ii) the denomi-
nator of which is 10.
Sample Plan Amendment for § 611(c)
of EGTRRA
(The following sample amendment is op-
tional. It should be adopted if the plan
sponsor wants to increase the limit on an-
nual compensation taken into account
under the plan in plan years beginning
after December 31, 2001, to $200,000.
The last sentence of the first paragraph of
the amendment and the related adoption
agreement provision are applicable to
plans that base benefit accruals in plan
years beginning after December 31, 2001,
on compensation for periods beginning
before January 1, 2002. Also see Notice
2001–56 for guidance regarding the effec-
tive date of the change made by EGTRRA
§ 611(c).)
SECTION _____. INCREASE IN
COMPENSATION LIMIT
1. Increase in limit. The annual com-
pensation of each participant taken into
account in determining benefit accruals
in any plan year beginning after Decem-
ber 31, 2001, shall not exceed $200,000.
Annual compensation means compensa-
tion during the plan year or such other
consecutive 12-month period over which
compensation is otherwise determined
under the plan (the determination pe-
riod). For purposes of determining bene-
fit accruals in a plan year beginning after
December 31, 2001, compensation for
any prior determination period shall be
limited as provided by the employer in
the adoption agreement.
2. Cost-of-living adjustment. The
$200,000 limit on annual compensation
in paragraph 1 shall be adjusted for cost-
of-living increases in accordance with
section 401(a)(17)(B) of the Code. The
cost-of-living adjustment in effect for a
calendar year applies to annual compen-
sation for the determination period that
begins with or within such calendar
year.
(Adoption agreement provision)
Compensation Limit for Prior Determina-
tion Periods:
In determining benefit accruals in plan
years beginning after December 31, 2001,
the annual compensation limit in para-
graph 1 of Section , Increase in
Compensation Limit, for determination
periods beginning before January 1, 2002,
shall be: (Choose one.)
$200,000.
$150,000 for any determination
period beginning in 1996 or earlier;
$160,000 for any determination period
beginning in 1997, 1998, or 1999; and
$170,000 for any determination period
beginning in 2000 or 2001.
Sample Plan Amendment for § 613 of
EGTRRA
(The following sample amendment applies
to all plans that are required to include pro-
visions to determine whether the plan is
top-heavy and that apply if the plan is top-
heavy. The amendment is required.
September 17, 20012882001–38 I.R.B.

The amendment may be modified in ac-
cordance with § 416(f) of the Code and
the regulations thereunder to provide that
the minimum benefit requirement shall
be satisfied by benefits or contributions,
including employer matching contribu-
tions, under another plan, including an-
other plan that consists solely of a cash or
deferred arrangement which meets the re-
quirements of § 401(k)(12) of the Code
and matching contributions with respect
to which the requirements of § 401(m)
(11) of the Code are met. See section 3
and the adoption agreement provision for
the sample plan amendment for
EGTRRA § 613 for defined contribution
plans.)
SECTION . MODIFICATION
OF TOP-HEAVY RULES
1. Effective date. This section shall
apply for purposes of determining
whether the plan is a top-heavy plan
under section 416(g) of the Code for plan
years beginning after December 31, 2001,
and whether the plan satisfies the mini-
mum benefits requirements of section
416(c) of the Code for such years. This
section amends section
of the
plan [enter the section of the plan that in-
cludes top-heavy provisions].
2. Determination of top-heavy status.
2.1 Key employee. Key employee means
any employee or former employee (in-
cluding any deceased employee) who at
any time during the plan year that in-
cludes the determination date was an offi-
cer of the employer having annual com-
pensation greater than $130,000 (as
adjusted under section 416(i)(1) of the
Code for plan years beginning after De-
cember 31, 2002), a 5-percent owner of
the employer, or a 1-percent owner of the
employer having annual compensation of
more than $150,000. For this purpose,
annual compensation means compensa-
tion within the meaning of section
415(c)(3) of the Code. The determination
of who is a key employee will be made in
accordance with section 416(i)(1) of the
Code and the applicable regulations and
other guidance of general applicability is-
sued thereunder.
2.2 Determination of present values and
amounts. This section 2.2 shall apply for
purposes of determining the present val-
ues of accrued benefits and the amounts
of account balances of employees as of
the determination date.
2.2.1 Distributions during year ending on
the determination date. The present val-
ues of accrued benefits and the amounts
of account balances of an employee as of
the determination date shall be increased
by the distributions made with respect to
the employee under the plan and any plan
aggregated with the plan under section
416(g)(2) of the Code during the 1-year
period ending on the determination date.
The preceding sentence shall also apply to
distributions under a terminated plan
which, had it not been terminated, would
have been aggregated with the plan under
section 416(g)(2)(A)(i) of the Code. In
the case of a distribution made for a rea-
son other than separation from service,
death, or disability, this provision shall be
applied by substituting “5-year period”
for “1-year period.”
2.2.2 Employees not performing ser-
vices during year ending on the determi-
nation date. The accrued benefits and
accounts of any individual who has not
performed services for the employer dur-
ing the 1-year period ending on the de-
termination date shall not be taken into
account.
3. Minimum benefits. For purposes of
satisfying the minimum benefit require-
ments of section 416(c)(1) of the Code
and the plan, in determining years of
service with the employer, any service
with the employer shall be disregarded
to the extent that such service occurs
during a plan year when the plan bene-
fits (within the meaning of section
410(b) of the Code) no key employee or
former key employee.
Sample Plan Amendment for §§ 641,
642, and 643 of EGTRRA
(The following sample amendment is re-
quired. However, the third paragraph
should be deleted in the case of plans that
do not have after-tax employee contribu-
tions.)
SECTION
. DIRECT
ROLLOVERS OF PLAN
DISTRIBUTIONS
1. Effective date. This section shall
apply to distributions made after Decem-
ber 31, 2001.
2. Modification of definition of eligible
retirement plan. For purposes of the di-
rect rollover provisions in section
of the plan, an eligible retire-
ment plan shall also mean an annuity con-
tract described in section 403(b) of the
Code and an eligible plan under section
457(b) of the Code which is maintained
by a state, political subdivision of a state,
or any agency or instrumentality of a state
or political subdivision of a state and
which agrees to separately account for
amounts transferred into such plan from
this plan. The definition of eligible retire-
ment plan shall also apply in the case of a
distribution to a surviving spouse, or to a
spouse or former spouse who is the alter-
nate payee under a qualified domestic re-
lation order, as defined in section 414(p)
of the Code.
3. Modification of definition of eligible
rollover distribution to include after-tax
employee contributions. For purposes of
the direct rollover provisions in section
of the plan, a portion of a dis-
tribution shall not fail to be an eligible
rollover distribution merely because the
portion consists of after-tax employee
contributions which are not includible in
gross income. However, such portion
may be paid only to an individual retire-
ment account or annuity described in sec-
tion 408(a) or (b) of the Code, or to a
qualified defined contribution plan de-
scribed in section 401(a) or 403(a) of the
Code that agrees to separately account for
amounts so transferred, including sepa-
rately accounting for the portion of such
distribution which is includible in gross
income and the portion of such distribu-
tion which is not so includible.
Sample Plan Amendment to Specify
Additional Types of Rollovers Accepted
by the Plan Pursuant to EGTRRA
§§ 641, 642, and 643
(A plan is not required to accept rollover
contributions, including direct rollovers
under § 401(a)(31) of the Code. The fol-
lowing optional sample amendment may
be used to specify additional types of
rollovers the plan will accept pursuant to
EGTRRA §§ 641, 642, and 643. A de-
2001–38 I.R.B.289September 17, 2001

fined benefit plan that accepts rollovers
must separately account for such
amounts.)
SECTION . ROLLOVERS
FROM OTHER PLANS
If provided by the employer in the adop-
tion agreement, the plan will accept par-
ticipant rollover contributions and/or di-
rect rollovers of distributions made after
December 31, 2001, from the types of
plans specified in the adoption agreement,
beginning on the effective date specified
in the adoption agreement.
(Adoption agreement provisions)
Direct Rollovers:
The plan will accept a direct rollover of
an eligible rollover distribution from:
(Check each that applies or none.)
a qualified plan described in section
401(a) or 403(a) of the Code.
an annuity contract described in sec-
tion 403(b) of the Code.
an eligible plan under section 457(b)
of the Code which is maintained by a
state, political subdivision of a state, or
any agency or instrumentality of a state or
political subdivision of a state.
Participant Rollover Contributions from
Other Plans:
The plan will accept a participant contri-
bution of an eligible rollover distribution
from: (Check each that applies or none.)
a qualified plan described in section
401(a) or 403(a) of the Code.
an annuity contract described in sec-
tion 403(b) of the Code.
an eligible plan under section 457(b)
of the Code which is maintained by a
state, political subdivision of a state, or
any agency or instrumentality of a state or
political subdivision of a state.
Participant Rollover Contributions from
IRAs:
The plan: (Choose one.)
will
will not
accept a participant rollover contribution
of the portion of a distribution from an in-
dividual retirement account or annuity de-
scribed in section 408(a) or 408(b) of the
Code that is eligible to be rolled over and
would otherwise be includible in gross in-
come.
Effective Date of Direct Rollover and
Participant Rollover Contribution Provi-
sions:
Section , Rollovers From Other
Plans, shall be effective:
(Enter a date no earlier
than January 1, 2002.)
September 17, 20012902001–38 I.R.B.

Foundations Status of Certain
Organizations
Announcement 2001–89
The following organizations have
failed to establish or have been unable to
maintain their status as public charities or
as operating foundations. Accordingly,
grantors and contributors may not, after
this date, rely on previous rulings or des-
ignations in the Cumulative List of Orga-
nizations (Publication 78), or on the pre-
sumption arising from the filing of notices
under section 508(b) of the Code. This
listing does notindicate that the organiza-
tions have lost their status as organiza-
tions described in section 501(c)(3), eligi-
ble to receive deductible contributions.
Former Public Charities.The follow-
ing organizations (which have been
treated as organizations that are not pri-
vate foundations described in section
509(a) of the Code) are now classified as
private foundations:
Academie-Therapeutic Equestrian Park,
Gladwin, MI
Affection Connection Rescue League,
Macomb, MI
Affordable Housing Ventures, Inc.,
Dade City, FL
Affordable Neighborhood Economic
Development, Inc., Jacksonville, FL
Aids Memorial Monument Foundation,
Inc., Orlando, FL
Airseds Institute, Inc., Holland, MI
All Kentucky Ag Expo, Inc.,
Lexington, KY
American Cross Foundation, Amarillo, TX
American Foundation for Education in
Health Care, Inc., Tampa, FL
Angels Group, Inc., Leesburg, FL
Angelvision, Inc., Parsippany, NJ
Association of Ethiopian Community in
Colorado, Inc., Aurora, CO
Athletic Booster Club, Inc.,
New Smyrna Beach, FL
Atlantic Non-Profit Housing Corp.,
Los Angeles, CA
Autism Community of the Upper
Midwest, Fargo, ND
B.V. Assisted Living, Inc., Melbourne, FL
Bay Area Cheerleader Association, Inc.,
Tampa, FL
Bird Lovers of the Bluegrass, Inc.,
Lexington, KY
Black-Footed Ferret Recovery
Foundation, Wheatland, WY
Black Wolf Farm, Inc., Lipan, TX
Blessed Sacrament Athletic Boosters
Association, Inc., Fort Mitchell, KY
BRE CD, Inc., Chicago, IL
Candyland Kinder Kollege Enterprise,
Marrero, LA
Cave Services, Inc., St. Petersburg, FL
Cedar Springs Volunteer Fire
Department, Inc., Scottsville, KY
Central Florida Center for Grieving
Children, Inc., Maitland, FL
Chase Place Housing, Inc.,
Dunn, NC
Cherith House Ministries, Inc.,
Blackey, KY
Childrens Hope International, Inc.,
Plant City, FL
Christ Healing & Restoration Ministries,
Inc., Walton, KY
Christ the Redeemer Foundation, Inc.,
Louisville, KY
Circle Non-Profit Housing Corporation,
Elizabethtown, KY
Citizens Against Domestic Violence, Inc.,
New York, NY
CJS Angels, Inc., Maitland, FL
Cloverport Community Volunteer Fire
Department, Incorporated,
Cloverport, KY
Colins Park, Inc., Ormond Beach, FL
Community Fund for America,
Colchester, VT
Comprehensive Healthcare Services, Inc.,
Auburn, AL
Concern Citizens of Tripoli, Inc.,
Loughman, FL
Cornelia Lluberes Family Fund, Inc.,
New York, NY
Cristoasis, Elgin, IL
Daughters of Jerusalem, Inc.,
Louisville, KY
Deaf Heritage Library and Cultural
Center, Lehi, UT
Deb Richard Foundation, Inc.,
Ponte Vedra Beach, FL
Dogwood Invitational, Inc.,
Jacksonville, FL
Dorton Volunteer Fire Department,
Dorton, KY
East Bay Rockies Fast Pitch Girls
Softball, Inc., Wilmauma, FL
East Little Rock Community
Development Corporation,
East Little Rock, AR
Eastern KY Needy Childrens Foundation,
Pikeville, KY
Emerald Coast Foundation,
Fort Walton Beach, FL
Equal Start Child Development Center,
Inc., Jacksonville, FL
Eye Research Foundation,
Albany, NY
Faith in Action in Northwest Florida,
Inc., Pensacola, FL
Family Services Home Makers, Inc.,
Philadelphia, PA
Far Corners Medical Missions, Inc.,
Cerritos, CA
Fishing for Success, Inc.,
Gainesville, FL
Fleming County Hospital Foundation,
Inc., Flemingsburg, KY
Florida Association of Healthy Starts
Coalition, Inc., Clearwater, FL
Florida Horse Trainers Association,
Brooksville, FL
Florida Indian Alliance, Inc.,
Petersburg, FL
Florida Performing Arts, Inc.,
Ormond Beach, FL
Forsyth Foundation, Inc.,
Golden Valley, MN
Friends of the Lynn Haven Library, Inc.,
Lynn Haven, FL
Friends of Wakulla Springs State Park,
Inc., Wakulla Springs, FL
Good Shepherd Christian Charities,
Mitchell, IL
Grace Citadel of Social and Job Training
Programs, Inc., Newark, NJ
Green Networking for Orange County,
Gibsonia, PA
Half Moon Bay Coastside Sister City
Committee, Half Moon Bay, CA
Havanna Non-Profit Housing
Corporation, Tampa, FL
Health Alliance Foundation, Inc.,
Louisville, KY
Helping Hand Financial Services, Inc.,
Dade City, FL
Henry Clay Football Boosters, Inc.,
Lexington, KY
HPC Foundation For Hospice Care,
Port Smith, AR
Independence Civic Association,
Independence, KY
Institute For Health and Human
Performance, Inc., Orlando, FL
International Leadership Foundation,
Inc., Altamonte Springs, FL
2001–38 I.R.B.291September 17, 2001
Part IV. Items of General Interest

International Peace Contest,
Beachwood, OH
Isef Kentucky, Inc., Louisville, KY
Jacksonville Community Access
Network, Inc., Jacksonville, FL
Kanapaha Park Development Committee,
Incorporated, Gainsville, FL
Keenes Creek Youth Organization,
Duluth, MN
Kids Safe Education Foundation,
Encino, CA
Kinsman Transportation, Inc., Orlando, FL
Korean Association of North Florida,
Inc., Jacksonville, FL
Lansing Housing Commission City-Wide
Resident Council, Lansing, MI
Lee Middle School Foundation, Inc.,
Orlando, FL
LUCI Let us Conserve, Del Rio, TX
Managed Care Institute, Harleysville, PA
Management Technologies International,
Inc., Poulsbo, WA
Mangrove Action Group, Naples, FL
Marion Non-Profit Housing Corporation,
Tampa, FL
Maryland Space Research Institute, Ltd.,
Columbia, MD
Mason County Historical Society, Inc.,
Maysville, KY
Medical Mission-Ecuador, Inc.,
Nicholasville, KY
Mercy Ministries, Inc., San Jose, CA
Michaele Vollbracht Humanitarian
Foundation, Inc., Safety Harbor, FL
National Alliance for Quality Health
Care, Inc., Clearwater, FL
National Animal Health Alliance, Inc.,
Trilby, FL
National Forensic Science Technology
Center, Inc., Largo, FL
Network of Humane Organization of
Florida, Inc., Beverly Hills, FL
Neustart Social Services, Inc.,
Eagan, MN
New Beginnings of South West Florida,
Inc., Sarasota, FL
New Heart, Ashland, KY
New Life Hope Foundation, Inc.
Orlando, FL
North American Indian Center of Western
Florida, Inc., Homosassa Springs, FL
Northside Improvements Corporation,
Lexington, KY
Oasis Ministries International, Inc., of
Tampa Florida, Ormond Beach, FL
Ohio Black Expo Boxing Association,
Inc., Cleveland, OH
Ohio County Kinship, Inc., Hartford, KY
Old James County Chapter of East
Tennessee Historical Society,
Ooltewah, TN
Open Door Community Services, Inc.,
Titusville, FL
Operation Win, Inc., Houston, TX
Orlando Singers, Inc.,
Altamonte Springs, FL
Pals Society, Inc., Milton, FL
Parent Education Project, Sanford, FL
Pet-A-Pup Therapy Dogs, Inc.,
Cape Coral, FL
Philadelphia Support Resources Corp.,
Jamison, PA
Plantation Retreat and Conference
Center, Inc., Tallahassee, FL
Pleasant Hills Dolphins Swim Team,
Pleasant Hill, MO
Proud to be Good Charitable Foundation,
St. Augustine, FL
Punjabi Sangh of Florida, Inc.,
Altamonte Springs, FL
Reach Out International, Inc.,
Clendenin, WV
Reaching Out Against Guns Endangering
Our Youth, Inc., Jacksonville, FL
Reaching Out For Christian Kids,
Scottsville, KY
Reality Check, Inc., Leesburg, FL
Renewed Hope, Inc., Bartlesville, OK
Rex Logan Dean Hoskins Memorial
Fund, Inc., Manchester, KY
Rising Suns Home, Inc., Greensboro, NC
Rybnikov Foundation, Inc., Osprey, FL
Safehouse Ministries, Inc., St. Louis, MO
Santa Fe High School Band Booster
Association, Inc., Santa Fe, NM
Search & Rescue Dogs of Broken Arrow
Oklahoma, Inc., Broken Arrow, OK
Seven Hills Charitable Fund, Inc.,
Spring Hill, FL
Shaktikrupa Charitable Foundation, Inc.,
Tampa, FL
Shelter to Endemic Wildlife Appreciation
Recovery Discovery, Orlando, FL
Shiloh Foundation, Rockville Center, NY
South Louisville Football Association,
Louisville, KY
Space Coast Water Ski Club, Inc.,
Melbourne, FL
Sparta Volunteer Fire Department,
Sparta, KY
Speaking Life Ministries, Inc.,
Wilmington, DE
St. John Lutheran School Foundation,
Inc., Ocala, FL
Sunset Terrace Resident Organization,
Little Rock, AR
Tampa Jazz Club, Inc., Tampa, FL
Theatre of the Mind, Inc., Glendale, CA
Thistleberry Ministries, Belfair, WA
Time Has Come Ministry, Inc.,
Miami, FL
Turning Point of Brevard, Inc.,
Merritt Island, FL
Twin City Performing Arts, Inc.,
Monroe, LA
Velvet Bird Cage, Chicago, IL
Victim Trauma Care, Inc.,
Tallahassee, FL
Volunteer Firefighter Charitable Trust,
Panama City, FL
WCC II, Inc., Uncasville, CT
West Central Florida Urban League
Sponsoring Committee, Inc., Ocala, FL
West Fresno School District Foundation
No. 1819326, Fresno, CA
What’s Up Club, Houston, TX
Wheelchair Sports USA, Inc., of Florida,
St. Petersburg, FL
Wildlife Sanctuary Fund, Inc.,
Ormond Beach, FL
Wiseburn Education Foundation,
Hawthorne, CA
Youth in Action, Covington, KY
If an organization listed above sub-
mits information that warrants the re-
newal of its classification as a public
charity or as a private operating founda-
tion, the Internal Revenue Service will
issue a ruling or determination letter
with the revised classification as to
foundation status. Grantors and contrib-
utors may thereafter rely upon such rul-
ing or determination letter as provided
in section 1.509(a)–7 of the Income Tax
Regulations. It is not the practice of the
Service to announce such revised classi-
fication of foundation status in the Inter-
nal Revenue Bulletin.
September 17, 20012922001–38 I.R.B.

2001–38 I.R.B.iSeptember 17, 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

September 17, 2001ii2001–38 I.R.B.
Numerical Finding List
1
Bulletins 2001–27 through 2001–37
Announcements:
2001–69, 2001–27 I.R.B. 23
2001–70, 2001–27 I.R.B. 23
2001–71, 2001–27 I.R.B. 26
2001–72, 2001–28 I.R.B. 39
2001–73, 2001–28 I.R.B. 40
2001–74, 2001–28 I.R.B. 40
2001–75, 2001–28 I.R.B. 42
2001–76, 2001–29 I.R.B. 67
2001–77, 2001–30 I.R.B. 83
2001–78, 2001–30 I.R.B. 87
2001–79, 2001–31 I.R.B. 97
2001–80, 2001–31 I.R.B. 98
2001–81, 2001–33 I.R.B. 175
2001–82, 2001–32 I.R.B. 123
2001–83, 2001–35 I.R.B. 205
2001–84, 2001–35 I.R.B. 206
2001–85, 2001–36 I.R.B. 219
2001–86, 2001–35 I.R.B. 207
2001–87, 2001–35 I.R.B. 208
2001–88, 2001–36 I.R.B. 220
2001–90, 2001–35 I.R.B. 208
2001–91, 2001–36 I.R.B. 221
Court Decisions:
2070, 2001–31 I.R.B. 90
Notices:
2001–39, 2001–27 I.R.B. 3
2001–41, 2001–27 I.R.B. 2
2001–42, 2001–30 I.R.B. 70
2001–43, 2001–30 I.R.B. 72
2001–44, 2001–30 I.R.B. 77
2001–45, 2001–33 I.R.B. 129
2001–46, 2001–32 I.R.B. 122
2001–47, 2001–36 I.R.B. 212
2001–48, 2001–33 I.R.B. 130
2001–49, 2001–34 I.R.B. 188
2001–50, 2001–34 I.R.B. 189
2001–51, 2001–34 I.R.B. 190
2001–52, 2001–35 I.R.B. 203
2001–53, 2001–37 I.R.B. 225
2001–54, 2001–37 I.R.B. 225
Proposed Regulations:
REG–110311–98, 2001–35 I.R.B. 204
REG–106917–99, 2001–27 I.R.B. 4
REG–103735–00, 2001–35 I.R.B. 204
REG–103736–00, 2001–35 I.R.B. 204
REG–100548–01, 2001–29 I.R.B. 67
REG–106431–01, 2001–37 I.R.B. 272
Railroad Retirement Quarterly Rates:
2001–27, I.R.B. 1
Revenue Procedures:
2001–39, 2001–28 I.R.B. 38
2001–40, 2001–33 I.R.B. 130
2001–41, 2001–33 I.R.B. 173
2001–42, 2001–36 I.R.B. 212
2001–43, 2001–34 I.R.B. 191
2001–44, 2001–35 I.R.B. 203
2001–45, 2001–37 I.R.B. 227
2001–46, 2001–37 I.R.B. 263
Revenue Rulings:
2001–30, 2001–29 I.R.B. 46
2001–33, 2001–32 I.R.B. 118
2001–34, 2001–28 I.R.B. 31
2001–35, 2001–29 I.R.B. 59
2001–36, 2001–32 I.R.B. 119
2001–37, 2001–32 I.R.B. 100
2001–38, 2001–33 I.R.B. 124
2001–39, 2001–33 I.R.B. 125
2001–41, 2001–35 I.R.B. 193
2001–42, 2001–37 I.R.B. 223
2001–43, 2001–36 I.R.B. 209
2001–44, 2001–37 I.R.B. 223
Treasury Decisions:
8947, 2001–28 I.R.B. 36
8948, 2001–28 I.R.B. 27
8949, 2001–28 I.R.B. 33
8950, 2001–28 I.R.B. 34
8951, 2001–29 I.R.B. 63
8952, 2001–29 I.R.B. 60
8953, 2001–29 I.R.B. 44
8954, 2001–29 I.R.B. 47
8955, 2001–32 I.R.B. 101
8956, 2001–32 I.R.B. 112
8957, 2001–33 I.R.B. 125
8958, 2001–34 I.R.B. 183
8959, 2001–34 I.R.B. 185
8960, 2001–34 I.R.B. 176
8961, 2001–35 I.R.B. 194
8962, 2001–35 I.R.B. 201
8963, 2001–35 I.R.B. 197
1
A cumulative list of all revenue rulings, revenue
procedures, Treasury decisions, etc., published in
Internal Revenue Bulletins 2001–1 through 2001–26
is in Internal Revenue Bulletin 2001–27, dated July
2, 2001.

2001–38 I.R.B.iiiSeptember 17, 2001
Finding List of Current Actions on
Previously Published Items
1
Bulletins 2001–27 through 2001–37
Announcements:
2000–48
Modified by
Notice 2001–43, 2001–30 I.R.B. 72
Notices:
2001–4
Modified by
Notice 2001–43, 2001–30 I.R.B. 72
2001–9
Modified by
Notice 2001–46, 2001–32 I.R.B. 122
2001–15
Supplemented by
Notice 2001–51, 2001–34 I.R.B. 190
Proposed Regulations:
LR–97–79
Withdrawn by
REG–100548–01, 2001–29 I.R.B. 67
LR–107–84
Withdrawn by
REG–100548–01, 2001–29 I.R.B. 67
REG–110311–98
Supplemented by
T.D. 8961, 2001–35 I.R.B. 194
REG–106917–99
Corrected by
Ann. 2001–86, 2001–35 I.R.B. 207
REG–103735–00
Supplemented by
T.D. 8961, 2001–35 I.R.B. 194
REG–103736–00
Supplemented by
T.D. 8961, 2001–35 I.R.B. 194
REG–107186–00
Corrected by
Ann. 2001–71, 2001–27 I.R.B. 26
REG–130477–00
Supplemented by
Ann. 2001–82, 2001–32 I.R.B. 123
REG–130481–00
Supplemented by
Ann. 2001–82, 2001–32 I.R.B. 123
Revenue Procedures:
93–27
Clarified by
Rev. Proc. 2001–43, 2001–34 I.R.B. 191
97–13
Modified by
Rev. Proc. 2001–39, 2001–28 I.R.B. 38
98–44
Superseded by
Rev. Proc. 2001–40, 2001–33 I.R.B. 130
Revenue Procedures—continued:
99–27
Superseded by
Rev. Proc. 2001–42, 2001–36 I.R.B. 212
99–49
Modified and amplified by
Rev. Proc. 2001–46, 2001–37 I.R.B. 263
2000–20
Modified by
Notice 2001–42, 2001–30 I.R.B. 70
2000–39
Corrected by
Ann. 2001–73, 2001–28 I.R.B. 40
2001–2
Modified by
Rev. Proc. 2001–41, 2001–33 I.R.B. 173
2001–6
Modified by
Notice 2001–42, 2001–30 I.R.B. 70
Revenue Rulings:
57–589
Obsoleted by
REG–106917–99, 2001–27 I.R.B. 4
65–316
Obsoleted by
REG–106917–99, 2001–27 I.R.B. 4
68–125
Obsoleted by
REG–106917–99, 2001–27 I.R.B. 4
69–563
Obsoleted by
REG–106917–99, 2001–27 I.R.B. 4
70–379
Obsoleted by
Rev. Rul. 2001–39, 2001–33 I.R.B. 125
74–326
Obsoleted by
REG–106917–99, 2001–27 I.R.B. 4
78–179
Obsoleted by
REG–106917–99, 2001–27 I.R.B. 4
92–19
Supplemented by
Rev. Rul. 2001–38, 2001–33 I.R.B. 124
Treasury Decisions:
8948
Corrected by
Ann. 2001–90, 2001–35 I.R.B. 208
1
A cumulative list of current actions on previously
published items in Internal Revenue Bulletins
2001–1 through 2001–26 is in Internal Revenue
Bulletin 2001–27, dated July 2, 2001.

INTERNAL REVENUE BULLETIN
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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.
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The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold
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Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print
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