Internal Revenue Bulletin 2009-19 (PDF rendition): IRS Notices

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Bulletin No. 200
9-19
May 11, 2009
HIGHLIGHTS
OF THIS ISSUE
These synopses are intended only as aids to the reader in
identifying the subject matter covered. They may not be
relied upon as authoritative interpretations.
INCOME TAX
Rev. Rul. 2009–12, page 928.
Federal rates; adjusted federal rates; adjusted federal
long-termrateandthelong-termexemptrate.For pur-
poses of sections 382, 642, 1274, 1288, and other sections
of the Code, tables set forth the rates for May 2009.
Notice 2009–40, page 931.
Renewable electricity production, refined coal produc-
tion, and Indian coal production; calendar year 2009
inflation adjustment factors and reference prices.This
notice announces the calendar year 2009 inflation adjustment
factors and reference prices for the renewable electricity pro-
duction credit, refined coal production credit, and Indian coal
production credit under section 45 of the Code.
Notice 2009–41, page 933.
Residential energy efficient property credit.This notice
provides procedures that manufacturers may follow to certify
property as qualified residential energy efficient property under
section 25D of the Code. The notice also provides guidance re-
garding the conditions under which taxpayers seeking to claim
the section 25D credit may rely on a manufacturer’s certifica-
tion.
Rev. Proc. 2009–26, page 935.
This procedure provides guidance to taxpayers on electing the
3-, 4-, or 5-year carryback of net operating losses of small
businesses under section 1211 of the American Recovery and
Reinvestment Tax Act of 2009. Rev. Proc. 2009–19 modified
and superseded.
EXEMPT ORGANIZATIONS
Announcement 2009–37, page 940.
The IRS has revoked its determination that Community Housing
and Development Corporation of Las Vegas, NV; and Jordan
Ministries, Inc., of Dover, FL, qualify as organizations described
in sections 501(c)(3) and 170(c)(2) of the Code.
Announcement 2009–38, page 940.
A list is provided of organizations now classified as private foun-
dations.
ADMINISTRATIVE
Rev. Proc. 2009–27, page 938.
Qualified mortgage bonds; mortgage credit certificates;
national median gross income.Guidance is provided con-
cerning the use of the national and area median gross income
figures by issuers of qualified mortgage bonds and mortgage
credit certificates in determining the housing cost/income ratio
described in section 143(f) of the Code. Rev. Proc. 2008–19
obsoleted in part.
Finding Lists begin on page ii.

The IRS Mission
Provide Americ
a’s taxpayers top quality service by helping them
understand an
d meet their tax responsibilities and by applying
the tax law with
integrity and fairness to all.
Introduction
The Internal Revenue Bulletin is the authoritative instrument of
the Commissioner of Internal Revenue for announcing official
rulings and procedures of the Internal Revenue Service and for
publishing Treasury Decisions, Executive Orders, Tax Conven-
tions, legislation, court decisions, and other items of general
interest. It is published weekly and may be obtained from the
Superintendent of Documents on a subscription basis. Bulletin
contents are compiled semiannually into Cumulative Bulletins,
which are sold on a single-copy basis.
It is the policy of the Service to publish in the Bulletin all sub-
stantive rulings necessary to promote a uniform application of
the tax laws, including all rulings that supersede, revoke, mod-
ify, or amend any of those previously published in the Bulletin.
All published rulings apply retroactively unless otherwise indi-
cated. Procedures relating solely to matters of internal man-
agement are not published; however, statements of internal
practices and procedures that affect the rights and duties of
taxpayers are published.
Revenue rulings represent the conclusions of the Service on the
application of the law to the pivotal facts stated in the revenue
ruling. In those based on positions taken in rulings to taxpayers
or technical advice to Service field offices, identifying details
and information of a confidential nature are deleted to prevent
unwarranted invasions of privacy and to comply with statutory
requirements.
Rulings and procedures reported in the Bulletin do not have the
force and effect of Treasury Department Regulations, but they
may be used as precedents. Unpublished rulings will not be
relied on, used, or cited as precedents by Service personnel in
the disposition of other cases. In applying published rulings and
procedures, the effect of subsequent legislation, regulations,
court decisions, rulings, and procedures must be considered,
and Service personnel and others concerned are cautioned
against reaching the same conclusions in other cases unless
the facts and circumstances are substantially the same.
The Bulletin is divided into four parts as follows:
Part I.—19
86 Code.
This part i
ncludes rulings and decisions based on provisions of
the Intern
al Revenue Code of 1986.
Part II.—Treaties and Tax Legislation.
This part is divided into two subparts as follows: Subpart A,
Tax Conventions and Other Related Items, and Subpart B, Leg-
islation and Related Committee Reports.
Part III.—Administrative, Procedural, and Miscellaneous.
To the extent practicable, pertinent cross references to these
subjects are contained in the other Parts and Subparts. Also
included in this part are Bank Secrecy Act Administrative Rul-
ings. Bank Secrecy Act Administrative Rulings are issued by
the Department of the Treasury’s Office of the Assistant Secre-
tary (Enforcement).
Part IV
.—Items of General Interest.
This par
t includes notices of proposed rulemakings, disbar-
ment an
d suspension lists, and announcements.
The last Bulletin for each month includes a cumulative index
for the matters published during the preceding months. These
monthly indexes are cumulated on a semiannual basis, and are
published in the last Bulletin of each semiannual period.
The c
ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.
For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402.
May 11, 20092009–19 I.R.B.

Part I. Rulings
and Decisions Under the Internal Revenue Code
of 1986
Section 42.—L
ow-Income
Housing Credi
t
The adjusted a
pplicable federal short-term, mid-
term, and long
-term rates are set forth for the month
of May 2009. Se
e Rev. Rul. 2009-12, page 928.
Section 280G.—Golden
Parachute Payments
Federal short-term, mid-term, and long-term rates
aresetforthforthemonthofMay2009. SeeRev.
Rul. 2009-12, page 928.
Section 382.—Limitation
on Net Operating Loss
Carryforwa
rds and Certain
Built-In Losses Following
Ownership Change
The adjusted applicable federal long-term rate is
set forth for the month of May 2009. See Rev. Rul.
2009-12, page 928.
Section 412.—Minimum
Funding Standards
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of May 2009. See Rev. Rul. 2009-12, page 928.
Section 467.—Certain
Payments for the Use of
Property or Services
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of May 2009. See Rev. Rul. 2009-12, page 928.
Section 468.—Special
Rules for Mining and Solid
Waste
Reclamation and
Closi
ng Costs
The ad
justed applicable federal short-term, mid-
term,
and long-term rates are set forth for the month
of May
2009. See Rev. Rul. 2009-12, page 928.
Section 482.—
Allocation
of Income and D
eductions
Among Taxpaye
rs
Federal short
-term, mid-term, and long-term rates
are set forth f
or the month of May 2009. See Rev.
Rul. 2009-12
, page 928.
Section 483.—Interest on
Certain Deferred Payments
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of May 2009. See Rev. Rul. 2009-12, page 928.
Section 642.—Special
Rules for Credits and
Deductions
Federal short-term, mid-term, and long-term rates
are set forth for the month of May 2009. See Rev.
Rul. 2009-12, page 928.
Section 807.—Rules for
Certain Reserves
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of May 2009. See Rev. Rul. 2009-12, page 928.
Section 846.—Discounted
Unpaid Losses Defined
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of May 2009. See Rev. Rul. 2009-12, page 928.
Section 1274.—Determi-
nation of Issue Price in the
Case of Certain Debt Instru-
ments Issued for Property
(Also Sections 42, 280G, 382, 412, 467, 468, 482,
483, 642, 807, 846, 1288, 7520, 7872.)
Federal rates; adjusted federal rates;
adjusted federal long-term rate and the
long-term exempt rate.For purposes of
sections 382,
642, 1274, 1288, and other
sections of th
e Code, tables set forth the
rates for May 2
009.
Rev. Rul. 2009
–12
This revenue
ruling provides vari-
ous prescrib
ed rates for federal income
tax purposes
for May 2009 (the current
month). Tabl
e 1 contains the short-term,
mid-term, an
d long-term applicable fed-
eral rates (
AFR) for the current month
for purpose
s of section 1274(d) of the
Internal Re
venue Code. Table 2 contains
the short-t
erm, mid-term, and long-term
adjusted a
pplicable federal rates (adjusted
AFR) for th
e current month for purposes
of section
1288(b). Table 3 sets forth the
adjusted f
ederal long-term rate and the
long-ter
m tax-exempt rate described in
section 3
82(f). Table 4 contains the ap-
propriat
e percentages for determining the
low-inco
me housing credit described in
section 4
2(b)(1) for buildings placed in
service
during the current month. How-
ever, un
der section 42(b)(2), the applicable
percent
age for non-federally subsidized
new buil
dings placed in service after July
30, 2008
, and before December 31, 2013,
shall n
ot be less than 9%. Finally, Table
5conta
ins the federal rate for determining
the pre
sent value of an annuity, an interest
for lif
e or for a term of years, or a remain-
derora
reversionary interest for purposes
of sec
tion 7520.
2009–19 I.R.B.928May 11, 2009

REV. RUL. 2009–12 TABLE 1
Applicable Federal Rates (AFR) for May 2009
Period for Compounding
AnnualSemiannualQuarterlyMonthly
Short-term
AFR.76%.76%.76%.76%
110% AFR.84%.84%.84%.84%
120% AFR.91%.91%.91%.91%
130% AFR.99%.99%.99%.99%
Mid-term
AFR
2.05%
2.04%2.03%2.03%
110% AFR
2.25%
2.24%2.23%2.23%
120% AFR2.47%
2.45%
2.44%2.44%
130% AFR2.67%
2.65%
2.64%2.64%
150% AFR
3.08%3.06%
3.05%
3.04%
175% AFR
3.60%
3.57%3.55%3.54%
Long-term
AFR
3.58%3.55%3.53%3.52%
110% AFR
3.95%
3.91%3.89%3.88%
120% AFR4.31%4.26%4.24%4.22%
130% AFR4.67%4.62%
4.59%4.58%
REV. RUL. 2009–12 TABLE 2
Adjusted AFR for May 2009
Period for Compounding
AnnualSemiannua
l
QuarterlyMonthly
Short-term adjusted
AFR
.80%.80%.80%.80%
Mid-term adjusted AFR2.39%2.38%2.37%2.37%
Long-term adjusted
AFR
4.58%4.53%4.50%
4.49%
REV. RUL. 2009–12 TABLE 3
Rates Under Section 382 for May 2009
Adjusted federal long-term rate for the current month
4.58%
Long-term tax-exempt rate for ownership changes during the current month (the highest of the adjusted
federal long-term rates for the current month and the prior two months.)4.61%
REV. RUL. 2009–12 TABLE 4
Appropriate Percentages Under Section 42(b)(1) for May 2009
Note: Under Section 42(b)(2), the applicable percentage for non-federally subsidized new buildings placed in service after July
30, 2008, and before December 31, 2013, shall not be less than 9%.
Appropriate percentage for the 70% present value low-income housing credit
7.65%
Appropriate percentage for the 30% present value low-income housing credit3.28%
May 11, 20099292009–19 I.R.B.

REV. RUL. 2009–12 TABLE 5
Rate Under Section 7520 for May 2009
Applicable federal rate for determining the present value of an annuity, an interest for life or a term of years,
or a remainder or reversionary interest2.4%
Section 1288.—Treatment
of Original Issue Discount
on Tax-Exempt Obligations
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of May 2009. See Rev. Rul. 2009-12, page 928.
Section 6411.—Tentative
Carryback and Refund
Adjustments
Guidance is provided for taxpayers to elect the
3, 4, or 5 year carryback of net operating losses of
small businesses under section 1211 of the Ameri-
can Recovery and Reinvestment Tax Act of 2009 by
filing Form 1045,Application for Tentative Refund,
or Form 1139,Corporation Application for Tentative
Refund. See Rev. Proc. 2009-26, page 935.
Section 7520.—Valuation
Tables
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of May 2009. See Rev. Rul. 2009-12, page 928.
Section 7872.—Treatment
of Loans With Below-Market
Interest Rates
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of May 2009. See Rev. Rul. 2009-12, page 928.
2009–19 I.R.B.930May 11, 2009

Part III. Administrative, Procedural, and Miscellaneous
Credit for Renewable
Electricity Production,
Refined Coal Production,
and Indian Coal Production,
and Publication of Inflation
Adjustment Factors and
Reference Prices for Calendar
Year 2009
Notice 2009–40
This notice publishes the inflation ad-
justment factors and reference prices for
calendar year 2009 for the renewable elec-
tricity production credit, the refined coal
production credit, and the Indian coal pro-
ductioncreditunder§45oftheInternal
Revenue Code. The 2009 inflation adjust-
ment factors and reference prices are used
in determining the availability of the cred-
its. The 2009 inflation adjustment factors
and reference pricesapply to calendar year
2009 sales of kilowatt-hours of electricity
produced in the United States or a pos-
session thereof from qualified energy re-
sources and to calendar year 2009 sales of
refined coal and Indian coal produced in
the United States or a possession thereof.
BACKGROUND
Section 45(a) provides that the renew-
able electricity production credit for any
tax year is an amount equal to the prod-
uct of 1.5 cents multiplied by the kilowatt
hours of specified electricity produced by
the taxpayer and sold to an unrelated per-
son during the tax year. This electricity
must be produced from qualified energy
resources and at a qualified facility during
the 10-year period beginning on the date
the facility was originally placed in ser-
vice.
Section 45(b)(1) provides that the
amount of the credit determined under
§ 45(a) is reduced by an amount which
bears the same ratio to the amount of the
credit as (A) the amount by which the
reference price for the calendar year in
which the sale occurs exceeds 8 cents,
bears to (B) 3 cents. Under § 45(b)(2),
the 1.5 cent amount in § 45(a), the 8 cent
amount in § 45(b)(1), the $4.375 amount in
§ 45(e)(8)(A), and in § 45(e)(8)(B)(i), the
$2.00 amount in § 45(e)(8)(D)(ii)(I), the
reference price of fuel used as feedstock
(within the meaning of § 45(c)(7)(A)) in
2002 are each adjusted by multiplying the
amount by the inflation adjustment factor
for the calendar year in which the sale
occurs. If any amount as increased under
the preceding sentence is not a multiple
of 0.1 cent, the amount is rounded to the
nearest multiple of 0.1 cent.
Section 45(c)(1) defines qualified
energy resources as wind, closed-loop
biomass, open-loop biomass, geother-
mal energy, solar energy, small irrigation
power, municipal solid waste, qualified
hydropower production, marine and hy-
drokinetic renewable energy.
Section 45(d)(1) defines a qualified fa-
cility using wind to produce electricity as
any facility owned by the taxpayer that is
originally placed in service after Decem-
ber 31, 1993, and before January 1, 2013.
See § 45(e)(7) for rules relating to the in-
applicability of the credit to electricity sold
to utilities under certain contracts.
Section 45(d)(2)(A) defines a qualified
facility using closed-loop biomass to pro-
duce electricity as any facility (i) owned
by the taxpayer that is originally placed in
service after December 31, 1992, and be-
fore January 1, 2014, or (ii) owned by the
taxpayer which before January 1, 2014, is
originally placed in service and modified
to use closed-loop biomass to co-fire with
coal, with other biomass, or with both,
but only if the modification is approved
under the Biomass Power for Rural De-
velopment Programs or is part of a pilot
project of the Commodity Credit Corpora-
tion as described in 65 Fed. Reg. 63052.
Section 45(d)(2)(C) provides that in the
case of a qualified facility described in
§ 45(d)(2)(A)(ii), (i) the 10-year period re-
ferred to in § 45(a) is treated as beginning
no earlier than the date of enactment of
§ 45(d)(2)(B)(i); and (ii) if the owner of
the facility is not the producer of the elec-
tricity, the person eligible for the credit al-
lowableunder§45(a)isthelesseeorthe
operator of the facility.
Section 45(d)(3)(A) defines a qualified
facility using open-loop biomass to pro-
duce electricity as any facility owned by
the taxpayer which (i) in the case of a facil-
ity using agriculturallivestock waste nutri-
ents, (I) is originally placed in service after
the date of enactment of § 45(d)(3)(A)(i)(I)
and before January 1, 2014, and (II) the
nameplate capacity rating of which is not
less than 150 kilowatts; and (ii) in the case
of any other facility,is originally placed in
service before January 1, 2014. In the case
of any facility described in § 45(d)(3)(A),
if the owner of the facility is not the pro-
ducer of the electricity, § 45(d)(3)(C) pro-
vides that the person eligible for the credit
allowable under § 45(a) is the lessee or the
operator of the facility.
Section 45(d)(4) defines a qualified fa-
cility using geothermal or solar energy to
produce electricityas any facility owned
by the taxpayer which is originally placed
in service after the date of enactment of
§ 45(d)(4) and before January 1, 2014 (Jan-
uary 1, 2006, in the case of a facility us-
ing solar energy). A qualified facility us-
ing geothermal or solar energy does not in-
clude any property described in § 48(a)(3)
the basis of which is taken into account by
the taxpayer for purposes of determining
the energy credit under § 48.
Section 45(d)(5) defines a qualified
facility using small irrigation power to
produce electricityas any facility owned
by the taxpayer which is originally placed
in service after the date of enactment of
§ 45(d)(5) and before January 1, 2014.
Section 45(d)(6) defines a qualified fa-
cility using gas derived from the biodegra-
dation of municipal solid waste to produce
electricity as any facility owned by the tax-
payer which is originally placed in service
after the date of enactment of § 45(d)(6)
and before January 1, 2014.
Section 45(d)(7) defines a qualified fa-
cility (other than a facility described in
paragraph (6)) that burns municipal solid
waste to produce electricity as any facil-
ity owned by the taxpayer which is orig-
inally placed in service after the date of
enactment of § 45(d)(7) and before Jan-
uary 1, 2014. A qualified facility burn-
ing municipal solid waste includes a new
unit placed in service in connection with
a facility placed in service on or before the
date of enactment of § 45(d)(7), but only to
the extent of the increased amount of elec-
tricity produced at the facility by reason of
such new unit.
Section 45(d)(8) provides in the case
of a facility that produces refined coal,
May 11, 20099312009–19 I.R.B.

the term “refined coal production facility”
means (i) with respect to a facility produc-
ing steel industry fuel, any facility (or any
modification to a facility) which is placed
in service before January 1, 2010, and (ii)
with respect to any other facility producing
refined coal, any facility placed in service
after the date of the enactment of the Amer-
ican Jobs Creation Act of 2004 and before
January 1, 2010.
Section 45(d)(9) defines a qualified
facility producing qualified hydroelec-
tric production described in § 45(c)(8) as
(A) any facility producing incremental
hydropower production, but only to the
extent of its incremental hydropower pro-
duction attributable to efficiency improve-
ments or additions to capacity described
in § 45(c)(8)(B) placed in service after the
date of enactment of § 45(d)(9) and before
January 1, 2014, and (B) any other facility
placed in service after the date of enact-
ment of § 45(d)(9) and before January 1,
2014. Section 45(d)(9)(C) provides that in
the case of a qualified facility described in
§ 45(d)(9)(A), the 10-year period referred
to in § 45(a) is treated as beginning on
the date the efficiency improvements or
additions to capacity are placed in service.
Section 45(d)(10) provides in the case
of a facility that produces Indian coal,
the term “Indian coal production facility”
means a facility which is placed in service
before January 1, 2009.
Section 45(d)(11) provides in the case
of a facility producing electricity from ma-
rine and hydrokinetic renewable energy,
the term “qualified facility” means any
facility owned by the taxpayer (i) which
has a nameplate capacity rating of at least
150 kilowatts, and (ii) which is originally
placed in service on or after the date of the
enactment of § 45(d)(11) and before Jan-
uary 1, 2014.
Section 45(e)(8)(A) provides that the
refined coal production credit is an amount
equal to $4.375 per ton of qualified re-
fined coal (i) produced by the taxpayer
at a refined coal production facility dur-
ing the 10-year period beginning on the
date the facility was originally placed in
service, and (ii) sold by the taxpayer (I)
to an unrelated person and (II) during the
10-year period and the tax year. Section
45(e)(8)(B) provides that the amount of
credit determined under § 45(e)(8)(A)
is reduced by an amount which bears
thesameratiototheamountofthein-
crease as (i) the amount by which the
reference price of fuel used as feedstock
(within the meaning of § 45(c)(7)(A))
for the calendar year in which the sale
occurs exceeds an amount equal to 1.7
multiplied by the reference price for such
fuel in 2002, bears to (ii) $8.75. Section
45(e)(8)(D)(ii)(I) provides that in the case
of a taxpayer who produces steel industry
fuel, subparagraph § 45(e)(8)(A) shall be
applied by substituting “$2.00 per bar-
rel-of-oil equivalent” for $4.375 per ton.”
Section 45(e)(8)(D)(ii)(II) provides that
in lieu of the 10-year period referred to
in § 45(e)(8)(A)(i) and (ii)(II), the credit
period shall be the period beginning on the
later of the date such facility was originally
placed in service, the date the modifica-
tions described in § 45(e)(8)(D)(iii) were
placed in service, or October 1, 2008,
and ending on the later of December 31,
2009, or the date which is 1 year after
the date such facility or the modifications
described in § 45(e)(8)(D)(iii) were placed
in service. Section 45(e)(8)(D)(ii)(III)
provides that § 45(e)(8)(B) (dealing with
the phaseout of the credit) will not apply.
Section 45(e)(10)(A) provides in the
case of a producer of Indian coal, the credit
determined under § 45 for any taxable year
shall be increased by an amount equal to
the applicable dollar amount per ton of
Indian coal (i) produced by the taxpayer at
an Indian coal production facility during
the 7-year period beginning on January 1,
2006, and (ii) sold by the taxpayer (I) to
an unrelated person, and (II) during such
7-year period and such taxable year.
Section 45(e)(10)(B)(i) defines “ap-
plicable dollar amount” for any taxable
year as (I) $1.50 in the case of calendar
years 2006 through 2009, and (II) $2.00 in
the case of calendar years beginning after
2009.
Section 45(e)(2)(A) requires the Secre-
tary to determine and publish in the Fed-
eral Register each calendar year the infla-
tion adjustment factor and the reference
price for the calendar year. The inflation
adjustment factors and the reference prices
for the 2009 calendar year were published
in the Federal Register on April 9, 2009 (70
Fed. Reg. 16262).
Section 45(e)(2)(B) defines the infla-
tion adjustment factor for a calendar year
as the fraction the numerator of which is
the GDP implicit price deflator for the pre-
ceding calendar year and the denominator
of which is the GDP implicit price defla-
tor for the calendar year 1992. The term
“GDP implicit price deflator” means the
most recent revision of the implicit price
deflator for the gross domestic product as
computed and published by the Depart-
ment of Commerce before March 15 of the
calendar year.
Section 45(e)(2)(C) provides that the
reference price is the Secretary’s determi-
nation of the annual average contract price
per kilowatt hour of electricity generated
from the same qualified energy resource
and sold in the previous year in the United
States. Only contracts entered into af-
ter December 31, 1989, are taken into ac-
count.
Under § 45(e)(8)(C), the determination
of the reference price for fuel used as feed-
stock within the meaning of § 45(c)(7)(A)
is made according to rules similar to the
rules under § 45(e)(2)(C).
Under § 45(e)(10)(B)(ii), in the case
of any calendar year after 2006, each of
the dollar amounts under § 45(e)(10)(B)(i)
shall be equal to the product of such dollar
amount and the inflation adjustment factor
determined under § 45(e)(2)(B) for the cal-
endar year, except that § 45(e)(2)(B) shall
be applied by substituting 2005 for 1992.
INFLATION ADJUSTMENT FACTORS
AND REFERENCE PRICES
The inflation adjustment factor for
calendar year 2009 for qualified energy
resources and refined coal is 1.4171. The
inflation adjustment factor for Indian coal
is 1.0830. The reference price for calendar
year 2009 for facilities producing elec-
tricity from wind (based upon information
provided by the Department of Energy)
is 4.32 cents per kilowatt hour. The ref-
erence prices for fuel used as feedstock
within the meaning of § 45(c)(7)(A), re-
lating to refined coal production (based
upon information provided by the Depart-
ment of Energy) are $31.90 per ton for
calendar year 2002 and $39.72 per ton for
calendar year 2009. The reference prices
for facilities producing electricity from
closed-loop biomass, open-loop biomass,
geothermal energy, solar energy, small
irrigation power, municipal solid waste,
qualified hydropower production, marine
and hydrokinetic energy have not been
determined for calendar year 2009.
2009–19 I.R.B.932May 11, 2009

PHASE-OUT CALCULATION
Because the 2009 reference price for
electricity produced from wind does not
exceed 8 cents multiplied by the infla-
tion adjustment factor, the phaseout of
the credit provided in § 45(b)(1) does
not apply to such electricity sold during
calendar year 2009. Because the 2009 ref-
erence price of fuel used as feedstock for
refined coal does not exceed the $31.90
reference price of such fuel in 2002 mul-
tiplied by the inflation adjustment factor
and 1.7, the phaseout of credit provided
in § 45(e)(8)(B) does not apply to re-
fined coal sold during calendar year 2009.
Further, for electricity produced from
closed-loop biomass, open-loop biomass,
geothermal energy, solar energy, small
irrigation power, municipal solid waste,
qualified hydropower production, marine
and hydrokinetic energy, the phaseout of
credit provided in § 45(b)(1) does not ap-
plytosuchelectricitysold during calendar
year 2009.
CREDIT AMOUNT BY QUALIFIED
ENERGY RESOURCE AND FACILITY,
REFINED COAL, AND INDIAN COAL
As required by § 45(b)(2), the 1.5
cent amount in § 45(a)(1), the 8 cent
amount in § 45(b)(1), the $4.375 amount
in § 45(e)(8)(A) and the $2.00 amount in
§ 45(e)(8)(D) are each adjusted by multi-
plying such amount by the inflation adjust-
ment factor for the calendar year in which
the sale occurs. If any amount as increased
under the preceding sentence is not a mul-
tiple of 0.1 cent, such amount is rounded
to the nearest multiple of 0.1 cent. In the
case of electricity produced in open-loop
biomass facilities, small irrigation power
facilities, landfill gas facilities, trash com-
bustion facilities, qualified hydropower
facilities, marine andhydrokinetic renew-
able energy, § 45(b)(4)(A) requires the
amount in effect under § 45(a)(1) (before
rounding to the nearest 0.1 cent) to be
reduced by one-half. Under the calcula-
tion required by § 45(b)(2), the credit for
renewable electricity production for calen-
dar year 2009 under § 45(a) is 2.1 cents per
kilowatt hour on the sale of electricity pro-
duced from the qualified energy resources
of wind, closed-loop biomass, geothermal
energy, and solar energy, and 1.1 cent per
kilowatt hour on the sale of electricity
produced in open-loop biomass facilities,
small irrigation power facilities, landfill
gas facilities, trash combustion facilities,
qualified hydropower facilities, marine
and hydrokinetic energy facilities. Under
the calculation required by § 45(b)(2),
the credit for refined coal production for
calendar year 2009 under § 45(e)(8)(A)
is $6.20 per ton on the sale of qualified
refined coal. The credit for steel industry
fuel is $2.00 per barrel-of-oil equivalent
of steel industry fuelsold. The credit for
Indian coal production for calendar year
2009 under § 45(e)(10)(B) is $1.625 per
ton on the sale of Indian coal.
DRAFTING AND CONTACT
INFORMATION
The principal author of this notice is
Philip Tiegerman of the Office of Asso-
ciate Chief Counsel (Passthroughs and
Special Industries). For further infor-
mation regarding this notice, contact
Mr. Tiegerman at (202) 622–3110 (not a
toll-free call).
Credit for Residential Energy
Efficient Property
Notice 2009–41
SECTION 1. PURPOSE
This notice sets forth interim guidance,
pending the issuance of regulations, relat-
ing to the credit for residential energy effi-
cient property under § 25D of the Internal
Revenue Code for taxable years beginning
after December 31, 2008. Specifically, this
notice provides procedures that manufac-
turers may follow tocertify thatproperty
satisfies certain conditions of § 25D, as
well as guidance regarding the conditions
under which taxpayers seeking to claim
the § 25D credit may rely on a manufac-
turer’s certification. The Internal Revenue
Service (Service) and the Treasury Depart-
ment expect that the regulations will incor-
porate the rules set forth in this notice.
SECTION 2. BACKGROUND
.01 Section 25D provides a tax credit to
individuals for residential energy efficient
property. Section 1122 of Division B of
the American Recovery and Reinvestment
Act of 2009, Pub. L. No. 111–5, amended
section 25D for taxable years beginning
after December 31, 2008. The amount of a
taxpayer’s section 25D credit for a taxable
year beginning after December 31, 2008,
is equal to the sum of the following:
(1) 30 percent of the qualified solar
electric property expenditures made by the
taxpayer during the taxable year;
(2) 30 percent of the qualified solar wa-
ter heating property expenditures made by
the taxpayer during the taxable year;
(3)Thelesserof—
(i) 30 percent of the qualified fuel cell
property expenditures made by the tax-
payer during the taxable year; or
(ii) $500 for each half kilowatt of ca-
pacity of the qualified fuel cell property to
which the expenditures relate;
(4) 30 percent of the qualified small
wind energy property expenditures made
by the taxpayer during the taxable year;
and
(5) 30 percent of the qualified geother-
mal heat pump property expenditures
made by the taxpayer during the taxable
year.
.02 Section 25D(g) provides that the
credit applies to residential energy effi-
cient property placed in service before Jan-
uary 1, 2017.
SECTION 3. RESIDENTIAL ENERGY
EFFICIENT PROPERTY
.01Meaning of Terms.
(1)Qualified Expenditures.The expen-
ditures for which the credit for residential
energy efficient property is allowed (qual-
ified expenditures) are defined as follows:
(a) Qualified solar electric property ex-
penditures are expenditures for property
which uses solar energy to generate elec-
tricity for use in a qualifying dwelling unit.
(b) Qualified solar water heating prop-
erty expenditures are expenditures for
property which heats water for use in a
qualifying dwelling unit if at least half
oftheenergyusedbythepropertyfor
such purpose is derived from the sun, and
which is certified for performance by the
non-profit Solar Rating Certification Cor-
poration or a comparable entity endorsed
by the government of the State in which
such property is installed.
(c) Qualified fuel cell property expendi-
tures are expenditures for a fuel cell power
plant which has a nameplate capacity of
at least 0.5 kilowatt of electricity using an
May 11, 20099332009–19 I.R.B.

electrochemical process, has an electric-
ity-only generation efficiency greater than
30 percent, and is installed on or in con-
nection with a qualifying dwelling unit.
(d) Qualified small wind energy prop-
erty expenditures are expenditures for
property which uses a wind turbine to gen-
erate electricity for use in connection with
a qualifying dwelling unit.
(e) Qualified geothermal heat pump
property expenditures are expenditures
for equipment which uses the ground or
ground water as a thermal energy source to
heat the dwelling unit or as a thermal en-
ergy sink to cool the dwelling unit, meets
the requirements of the Energy Star pro-
gram which are in effect at the time that
the expenditure for such equipment is ac-
tually made (even if under § 25D(e)(8) the
expenditure is deemedmade at a later time
for purposes of determining the taxable
year for which a taxpayer may claim the
credit), and is installed on or in connection
with a qualifying dwelling unit.
(2)Qualifying Dwelling Unit.
(a) Except as provided in section
3.01(2)(b) of this notice, a qualifying
dwelling unit is a dwelling unit that is
located in the United States and is used as
a residence by the taxpayer.
(b) For purposes of section 3.01(1)(c)
of this notice (relating to qualified fuel
cell property expenditures), a qualifying
dwelling unit is a dwelling unit that is lo-
cated in the United States and is used as a
principal residence (within the meaning of
section 121) by the taxpayer.
.02Manufacturer’s Certification
(1)In General. The manufacturer of
property may certify to a taxpayer that the
property meets certain requirements that
must be satisfied to claim the credit un-
der § 25D by providing the taxpayer with a
certification statement that satisfies the re-
quirements of section 3.02(3), (4) and (5)
of this notice. The manufacturer may pro-
vide the certification statement by includ-
ingawrittencopyofthestatementwith
the packaging of the property, in printable
form on the manufacturer’s website, or in
any other manner that will permit the tax-
payer to retain the certification statement
for tax recordkeeping purposes.
(2)Taxpayer Reliance.Except as pro-
vided in section 3.02(7) of this notice, a
taxpayer may rely on a manufacturer’s
certification in determining whether prop-
erty is eligible for the credit under § 25D.
A taxpayer is not required to attach the
certification statement to the return on
which the credit is claimed. However,
§ 1.6001–1(a) of the Income Tax Regu-
lations requires that taxpayers maintain
such books and records as are sufficient to
establish the entitlement to, and amount
of, any credit claimed by the taxpayer.
Accordingly, a taxpayer claiming a credit
for residential energy efficient property
should retain the certification statement as
part of the taxpayer’s records for purposes
of § 1.6001–1(a).
(3)Content of Manufacturer’s Certifi-
cation; Required Information. A manufac-
turer’s certification statement must contain
the following:
(a) The name and address of the manu-
facturer.
(b) Identification of the property as a
solar electric property, solar water heat-
ing property, fuel cell property, small wind
energy property, or geothermal heat pump
property.
(c) The make, model number, and any
other appropriate identifiers of the prop-
erty.
(4)Content of Manufacturer’s Certifi-
cation; Optional Information. A manufac-
turer’s certification statement may contain
any of the following statements that are ap-
plicable:
(a) A statement that the property is
made by the manufacturer.
(b) In the case of a solar water heating
property, a statement describing the cir-
cumstances in which at least half the en-
ergy used by the property to heat water for
use in a dwelling unit is derived from the
sun.
(c) In the case of a solar water heating
property, a statement that the property is
certified for performance by the non-profit
Solar Rating Certification Corporation or a
comparable entity endorsed by the govern-
ment of the State in which such property is
installed.
(d) In the case of a fuel cell property,
a statement that the property is a fuel cell
power plant that has a nameplate capacity
of at least 0.5 kilowatt of electricity using
an electrochemical process.
(e) In the case of a fuel cell property,
a statement that the property is a fuel cell
power plant that has an electricity-only
generation efficiency greater than 30 per-
cent.
(f) In the case of a fuel cell property,
a statement specifying the capacity of the
property in half kilowatts.
(g) In the case of a small wind energy
property, a statement specifying the capac-
ity of the wind turbine in half kilowatts.
(h) In the case of a geothermal heat
pump property, a statement that the prop-
erty meets the requirements of the Energy
Star program that are in effect at the time
that the expenditure for such equipment is
actually made.
(5)Content of Manufacturer’s Certifi-
cation; Required Declaration. A manu-
facturer’s certification statement must con-
tain a declaration, signed by a person cur-
rently authorized tobind the manufacturer
in these matters, in the following form:
“Under penalties of perjury, I declare
that I have examined this certification
statement, and to the best of my knowl-
edge and belief, the facts presented are
true, correct, and complete.”
(6)Manufacturer’s Records. A manu-
facturer that certifies to a taxpayer that a
property meets a requirement that must be
satisfied to claim the credit under § 25D
must retain in its records documentation
establishing that the property meets the re-
quirement. The manufacturer must, upon
request, make such documentation avail-
able for inspection by the Service.
(7)Effect of Erroneous Certification
or Failure to Satisfy Documentation Re-
quirements.The Service may, upon ex-
amination (and after any appropriate con-
sultation with the Department of Energy
or the Environmental Protection Agency),
determine that a manufacturer’s certifica-
tion that property meets a requirement that
must be satisfied to claim the credit under
§ 25D is erroneous. In that event, or if the
property’s manufacturer fails to satisfy the
requirements relating to documentation in
section 3.02(6) of this notice, the manu-
facturer’s right to provide a certification
on which future purchasers of the property
can rely will be withdrawn, and taxpayers
purchasing the property after the date on
which the Service publishes an announce-
ment of the withdrawal may not rely on the
manufacturer’s certification. Taxpayers
may continue to rely on the certification
for properties purchased on or before
the date on which the announcement of
the withdrawal is published (including
in cases in which the property is not in-
stalled or the credit is not claimed before
2009–19 I.R.B.934May 11, 2009

the announcement of the withdrawal is
published). Manufacturers are reminded
that an erroneous certification may result
in the imposition of penalties—
(a) Under § 7206 for fraud and making
false statements; and
(b) Under § 6701 for aiding and abet-
ting an understatement of tax liability (in
the amount of $1,000 per return on which
a credit is claimed in reliance on the certi-
fication).
(8)Availability of Certification Infor-
mation.The Service encourages manufac-
turers to provide a listing of applicable cer-
tification information with respect to their
products on their websites to assist taxpay-
ers in determining whether their purchases
qualify for the credit for residential energy
efficient property.
.03Additional Requirements.Atax-
payer claiming a credit with respect to an
expenditure is responsible for determining
whether the expenditure appropriately re-
lates to a qualifying dwelling unit (within
the meaning of section 3.01(2) of this no-
tice) and cannot rely on a manufacturer’s
certification for that purpose.
.04Labor Costs. Section 25D allows
the credit for expenditures for labor costs
properly allocable to the onsite prepara-
tion, assembly, or original installation of
residential energy efficient property de-
scribed in section 3.01 of this notice and
for piping or wiring to interconnect such
property to the dwelling unit.
SECTION 4. SPECIAL RULES FOR
JOINT OCCUPANCY
.01 If a dwelling unit is jointly occu-
pied and used during any calendar year as a
residence by two or more individuals, then
the maximum amount of qualified fuel cell
expenditures whichmay be taken into ac-
count for purposes of § 25D(a) by all in-
dividuals with respect to the dwelling unit
during the calendar year is $1,667 for each
half kilowatt of capacity of the fuel cell
power plant to which such expenditures re-
late.
.02 The amount of expenditures taken
into account under section 4.01 of this no-
tice by any individual for a taxable year is
equal to the lesser of—
(1) The amount of expenditures made
by the individual with respect to the
dwelling during the calendar year, or
(2) The maximum amount of expendi-
tures that may be taken into account by all
individuals under section 4.01 of this no-
tice multiplied by a fraction—
(a)Thenumeratorofwhichisthe
amount of expenditures made by the indi-
vidual with respect to the dwelling during
the calendar year, and
(b) The denominator of which is the to-
tal expenditures made by all individuals
with respect to the dwelling during the cal-
endar year.
SECTION 5. PAPERWORK
REDUCTION ACT
The collection of information contained
in this notice has been reviewed and ap-
proved by the Office of Management and
Budget in accordance with the Paperwork
Reduction Act (44 U.S.C. 3507) under
control number 1545–2134.
An agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless the
collection of information displays a valid
OMB control number.
The collection of information in this no-
tice is in section 3. This information is re-
quired to be collected and retained in order
to ensure that property meets the require-
ments for the residential energy efficient
property credit under § 25D. This informa-
tion will be used to determine whether the
property for which manufacturers provide
certifications is property that qualifies for
the credit. The collection of information is
required to obtain a benefit from manufac-
turers’ certification statements that prop-
erty meets certain requirements that must
be satisfied to qualify for the credit. The
likely respondents are corporations, part-
nerships, and individuals.
The estimated total annual reporting
burden is 350 hours.
The estimated annual burden per re-
spondent varies from 2 hours to 3 hours,
depending on individual circumstances,
with an estimated average burden of 2.5
hours to complete the requests for certi-
fication required under this notice. The
estimated number of respondents is 140.
The estimated annual frequency of re-
sponses is on occasion.
Books or records relating to a collection
of information must be retained as long
as their contents may become material in
the administration of any internal revenue
law. Generally, tax returns and tax return
information are confidential, as required
by 26 U.S.C. 6103.
SECTION 6. DRAFTING
INFORMATION
The principal author of this notice
is Martha S. McRee of the Office of
Associate Chief Counsel (Passthroughs
& Special Industries). For further in-
formation regarding this notice, contact
Martha S. McRee at (202) 622–3110 (not
a toll-free call).
26 CFR 601.105: Examination of returns and claims
for refund, credit or abatement; determination of cor-
rect tax liability.
(Also Part I, §§ 172, 6411.)
Rev. Proc. 2009–26
SECTION 1. PURPOSE
.01 In February 2009, the American Re-
covery and Reinvestment Tax Act of 2009,
Div. B of Pub. L. No. 111–5, 123 Stat.
115 (the Act) was signed into law. Section
1211 of the Act allows an eligible small
business (ESB) to elect to carry back a
2008 net operating loss (NOL) for a period
of 3, 4, or 5 years to offset taxable income
in those preceding taxable years. Prior to
the Act, taxpayers generally could carry
back an NOL only two taxable years. On
March 16, 2009, the Internal Revenue Ser-
vice and Treasury Department issued Rev.
Proc. 2009–19, 2009–14 I.R.B. 747, ad-
vising taxpayers how to elect the 3-, 4-, or
5-year carryback.
.02 The Service has received many
claims from taxpayers that seek a 3-, 4-,
or 5-year carryback but that inadvertently
have not made a valid election in accor-
dance with Rev. Proc. 2009–19. These
inadvertent failures may be due to the fact
that the enactment of § 1211 and issuance
of Rev. Proc. 2009–19 occurred midway
through the current tax return filing sea-
son.
.03 To provide certainty to taxpayers
and to implement the intent of Congress
in providing an extended carryback pe-
riod, this revenue procedure modifies Rev.
Proc. 2009–19 to provide that an ESB
may elect a 3-, 4-, or 5-year carryback pe-
riod simply by filing a Form 1045, Form
1139, or amended return that carries back
May 11, 20099352009–19 I.R.B.

the NOL for 3, 4, or 5 years. Although
Forms 1045 and 1139 ordinarily are due
within 12 months after the taxable year of
the NOL, § 172(b)(1)(H)(iii) requires that
the taxpayer elect a 3-, 4-, or 5-year car-
ryback within 6 months after the due date
(excluding extensions) of the return for the
taxable year of the NOL. Thus, a taxpayer
that seeks to make a timely § 172(b)(1)(H)
election using Form 1045, Form 1139, or
an amended return must file the form in ad-
vance of its ordinary due date.
.04 This revenue procedure also pre-
scribes: (1) how a taxpayer elects a 3-, 4-,
or 5-year carryback if the taxpayer previ-
ouslyfiledanelectiontoforgoanNOL
carryback period; and (2) how a taxpayer
elects a 3-, 4-, or 5-year carryback if the
taxpayerisapartnerofanESBthatisa
partnership, a shareholder of an ESB that
is an S corporation, or a sole proprietor.
SECTION 2. BACKGROUND
.01 Section 172(a) allows a deduction
equal to the aggregate of the NOL carry-
overs and carrybacks to the taxable year.
Section 172(b)(1)(A)(i) provides that an
NOL for any taxable year generally must
be carried back to each of the 2 years
preceding the taxable year of the NOL.
Section 172(b)(3) provides that any tax-
payer entitled to a carryback period under
§ 172(b)(1) may make an irrevocable elec-
tion to relinquish the carryback period with
respect to an NOL for any taxable year.
.02 Section 6411(a) provides that a tax-
payer may file an application for a tenta-
tive carryback adjustment of the tax for
the prior taxable year affected by an NOL
carryback from any taxable year. Section
6411(a) also provides that the application
mustbefiledonorafterthedateoffil-
ing for the return for the taxable year of
the NOL from which the carryback results
and within a period of 12 months after that
taxable year or, with respect to any por-
tion of a business credit carryback attribut-
able to an NOL from a subsequent taxable
year, within a period of 12 months from the
end of the subsequent taxable year. Sec-
tion 6411(b) provides a 90-day period dur-
ing which the Service will make a lim-
ited examination of the application to dis-
cover omissions and errors of computation
and determine the amount of the decrease
in tax attributable to the carryback. The
Service may disallow, without further ac-
tion, any application that contains errors
of computation thatcannot be corrected
within the 90-day period or that contains
material omissions. The decrease in tax at-
tributable to the carryback will be applied
against unpaid amounts of tax. Any re-
mainder of the decrease will, within the
90-day period, be credited or refunded.
.03 Section 172(b)(1)(H) permits an
ESB to carry back itsapplicable 2008
NOL to 3, 4, or 5 years preceding the tax-
able year of the NOL, as the ESB elects.
.04 Section 172(b)(1)(H)(iv) provides
that the term “eligible small business” has
the meaning given by § 172(b)(1)(F)(iii),
except that § 448(c) is applied by substi-
tuting “$15 million” for “$5 million” each
place it appears. Section 172(b)(1)(F)(iii)
provides that a small business is a corpora-
tion or partnership that meets the gross re-
ceipts test of § 448(c) for the taxable year
in which the loss arose (or in the case of a
sole proprietorship, that would meet such
test if the proprietorship were a corpora-
tion).
.05 Section 448 generally prohibits cer-
tain taxpayers from using the cash receipts
and disbursements method of accounting.
Section 448(b)(3) provides an exception to
this requirement in the case of any corpo-
ration or partnership if, for all prior taxable
years beginning after December 31, 1985,
the entity (or any predecessor) met the $5
million gross receipts test of § 448(c). Sec-
tion 448(c)(1) provides that a corporation
or partnership meets the $5 million gross
receipts test for any prior taxable year if
the average annual gross receipts of the en-
tity for the 3-taxable-year period ending
with that prior taxable year does not ex-
ceed $5 million. Section 448(c)(2) (ag-
gregation rules) generally provides that all
persons treated as a single employer under
subsection (a) or (b) of § 52 or subsection
(m) or (o) of § 414 are treated as one per-
son for purposes of § 448(c)(1).
.06 The $5 million gross receipts test
of § 448(c) is applied to a taxpayer’s prior
taxable year by determining the aver-
age annual gross receipts for the 3-year
period that ends with that prior taxable
year. Under §172(b)(1)(F)(iii), in order
to be a small business, a taxpayer must
meet the gross receipts test of § 448(c)
for the taxable year in which the NOL
arose. Consequently, to determine if a
taxpayer is a small business for purposes
of § 172(b)(1)(F)(iii), the taxable year in
which the NOL arose is the last taxable
year of the 3-year period to which the test
is applied.
.07 Section 172(b)(1)(H)(ii)(I) provides
that the term “applicable 2008 net operat-
ing loss” means the taxpayer’s NOL for
any taxable year ending in 2008. However,
under § 172(b)(1)(H)(ii)(II), the taxpayer
may elect instead to have the term mean
the taxpayer’s NOL for any taxable year
beginning in 2008.
.08 Section 172(b)(1)(H)(iii) provides
that any election under § 172(b)(1)(H) is
requiredtobemadeinsuchamanneras
may be prescribed by the Secretary, and
must be made by the due date (including
extension of time) for filing the taxpayer’s
return for the taxable year of the NOL. The
election is irrevocable and may be made
only for one taxable year.
.09 Section 1211(d)(2) of the Act pro-
vides that in the case of an applicable 2008
NOL for a taxable year ending before the
date of enactment of the Act (February 17,
2009), (A) a previous election made un-
der § 172(b)(3) for the NOL may be re-
voked on or before April 17, 2009; (B)
the § 172(b)(1)(H) election for the NOL
is treated as timely if made on or before
April 17, 2009; and (C) an application un-
der § 6411(a) with respect to the NOL is
treated as timely if filed on or before April
17, 2009.
SECTION 3. SCOPE
This revenue procedure applies to any
taxpayer that is an ESB, a partner of a part-
nership that is an ESB, a shareholder in an
S corporation that is an ESB, or a sole pro-
prietor of a business that is an ESB, and
that incurred an NOL for any taxable year
ending in 2008 or beginning in 2008.
SECTION 4. APPLICATION
.01Time and manner of making the
election under § 172(b)(1)(H).
(1)In general. A taxpayer within the
scope of this revenue procedure that has
an applicable 2008 NOL may make the
election under § 172(b)(1)(H) by follow-
ing the procedure described in either sec-
tion 4.01(2) or section 4.01(3) of this rev-
enue procedure.
(2)Electing on original return.A
taxpayer may make the election under
§ 172(b)(1)(H) by attaching a statement
2009–19 I.R.B.936May 11, 2009

to the taxpayer’s timely filed federal in-
come tax return for the taxable year in
which the applicable 2008 NOL arises.
The statement must state that the taxpayer
is electing to apply § 172(b)(1)(H) and
specify the length of the NOL carryback
period elected by the taxpayer (3, 4, or 5
years). If the taxpayer’s taxable year of
the applicable 2008 NOL ends before Feb-
ruary 17, 2009, the taxpayer must make
theelectiononorbeforethelaterofthe
due date (including extensions of time) of
the taxpayer’s return for that taxable year
or April 17, 2009.
(3)Electing on an appropriate form.A
taxpayer that did not make the election un-
der § 172(b)(1)(H) using the procedures of
section 4.01(2) of this revenue procedure,
and did not elect to forgo the NOL carry-
back period under § 172(b)(3), may make
the election under § 172(b)(1)(H) as fol-
lows:
(a)What to file.
(i) A taxpayer may make the election
under § 172(b)(1)(H) by filing the appro-
priate form applying the NOL carryback
period chosen by the taxpayer. No state-
ment or label is required with the appro-
priate form. The appropriate form is:
(A) For corporations: Form 1139,Cor-
poration Application for Tentative Refund,
or Form 1120X,Amended U.S. Corpora-
tion Income Tax Return.
(B) For individuals: Form 1045,Ap-
plication for Tentative Refund,orForm
1040X,Amended U.S. Individual Income
Tax Return.
(C) For estates or trusts: Form 1045,
or amended Form 1041,U.S. Income Tax
Return for Estates and Trusts.
(ii) A taxpayer that makes the election
under § 172(b)(1)(H) by filing an amended
return must file the return for the earliest
taxable year to which the taxpayer is car-
rying back the applicable 2008 NOL. The
taxpayer should not file an amended return
for the applicable 2008 NOL taxable year.
(b)When to file. The appropriate form
must be filed on or before the later of the
date that is 6 months after the due date
(excluding extensions) for filing the tax-
payer’s return for the taxable year of the
applicable 2008 NOL or April 17, 2009.
(c)Additional rules. If a taxpayer
makes the election by filing an appropriate
form that amends a prior refund claim, the
amendment also will apply to a carryback
of any alternative tax NOL for the same
taxable year. In the case of an amended
application for a tentative carryback ad-
justment, the 90-day period described
in § 6411(b) will begin on the date the
amended application is filed.
.02Revocation of the election to waive
NOL carryback period. A taxpayer within
the scope of this revenue procedure that
previously elected under § 172(b)(3) to
forgo the carryback period for an appli-
cable 2008 NOL for a taxable year end-
ing before February 17, 2009, may revoke
that election and make the election un-
der § 172(b)(1)(H). Any revocation of the
election to forgo the NOL carryback pe-
riod also will apply to a carryback of any
alternative tax NOL for the same taxable
year. The taxpayer makes the revocation
and election by following the procedures
of section 4.01(3) of this revenue proce-
dure. In addition, the taxpayer should type
or print across the top of the appropri-
ate form “Revocation of NOL Carryback
Waiver Pursuant to Rev. Proc. 2009–19.”
The taxpayer must file the revocation and
new election under § 172(b)(1)(H) on or
before April 17, 2009.
.03Partnerships, S corporations, and
sole proprietorships.
(1) If the taxpayer is a partner in a
partnership that qualifies as an ESB, the
taxpayer may make the § 172(b)(1)(H)
election for its distributive share of the
qualifying ESB partnership income, gain,
loss, and deduction that is both allocable
to the taxpayer under § 704 and allowed in
calculating the taxpayer’s applicable 2008
NOL.
(2) If the taxpayer is a shareholder in
an S corporation that qualifies as an ESB,
the taxpayer may make the § 172(b)(1)(H)
election for itspro ratashare of the qual-
ifying ESB S corporation income, gain,
loss, and deduction under § 1366 that is al-
lowed in calculating the shareholder’s ap-
plicable 2008 NOL.
(3) If the taxpayer is an owner of a sole
proprietorship that qualifies as an ESB,
the taxpayer may make the § 172(b)(1)(H)
election for the qualifying ESB sole pro-
prietorship income, gain, loss, and deduc-
tion that is allowed in calculating the tax-
payer’s applicable 2008 NOL.
(4) In determining whether a partner-
ship, S corporation, or sole proprietorship
qualifies as an ESB, the gross receipts test
applies at the partnership, corporate, or
sole proprietorship level. The aggrega-
tion rules of § 448(c)(2) apply to deter-
mine whether the partnership, S corpora-
tion, or sole proprietorship meets the gross
receipts test of § 448(c).
(5) The amount of the taxpayer’s ap-
plicable 2008 NOL that the taxpayer may
carry back under §172(b)(1)(H) is limited
to the lesser of:
(a) The taxpayer’s items of income,
gain, loss or deduction that are allowed
in calculating the taxpayer’s applicable
2008 NOL and are from one or more
partnerships, S corporations or sole pro-
prietorships that qualify as ESBs, or
(b) The taxpayer’s applicable 2008
NOL.
(6)Examples.
(a)Example 1. Partnerships A, B, and C have
average annual gross receipts of $10 million, $12
million, and $14 million, respectively. Partner T
owns a 40% interest in each partnership. None of
the partnerships is required to be aggregated with
any other entity for purposes of the aggregation
rules of § 448(c)(2). Subject to the limitations in
section 4.03(5) of this revenue procedure, Partner T
may apply its election under § 172(b)(1)(H) to the
portion of its applicable 2008 NOL attributable to
its distributive share of the income, gain, loss, and
deduction of each of Partnerships A, B, and C.
(b)Example 2. ThefactsarethesameasinEx-
ample 1, except that Partnerships A and B are under
common control within the meaning of § 52(b)(1).
Accordingly, Partnerships A and B are treated as one
person under the aggregation rules of § 448(c)(2).
Because the aggregated average annual gross receipts
of Partnerships A and B exceed $15 million, Part-
nerships A and B do not qualify as ESBs. Partner
T may not apply its election under § 172(b)(1)(H) to
the portion of its applicable 2008 NOL attributable
to its distributive share of the income, gain, loss, and
deduction of Partnerships A and B. However, subject
to the limitations in section 4.03(5) of this revenue
procedure, Partner T may apply its election under
§ 172(b)(1)(H) to the portion of its applicable 2008
NOL attributable to its distributive share of income,
gain, loss, and deduction of Partnership C.
SECTION 5. EFFECT ON OTHER
DOCUMENTS
Rev. Proc. 2009–19 is modified and, as
modified, is superseded.
SECTION 6. EFFECTIVE DATE
This revenue procedure is effective for
NOLs arising in taxable years ending after
December 31, 2007.
May 11, 20099372009–19 I.R.B.

SECTION 7. PAPERWORK
REDUCTION ACT
The collection of information con-
tained in this revenue procedure has been
reviewed and approved by the Office
of Management and Budget in accor-
dance with the Paperwork Reduction
Act (44 U.S.C. 3507) under the follow-
ing control numbers: 1545–0074 Form
1040(U.S. Individual Income Tax Return)
and Form 1040X (Amended U.S. Indi-
vidual Income Tax Return); 1545–0123
Form 1120 (U.S. Corporation Income
Tax Return); 1545–0132 Form 1120X
(Amended U.S. Corporation Income Tax
Return);1545–0092 Form 1041 (U.S. In-
come Tax Return for Estates and Trusts);
1545–0098 Form 1045 (Application for
Tentative Refund); 1545–0582 Form 1139
(Corporation Application for Tentative
Refund). For further information, please
refer to the Paperwork Reduction Act
statements accompanying these forms.
DRAFTING INFORMATION
The principal author of this revenue
procedure is Seoyeon Park of the Office of
the Associate Chief Counsel (Income Tax
and Accounting). For further information
regarding this notice, contact Ms. Park at
(202) 622–4960 (not a toll-free call).
26 CFR 601.601: Rules and regulations.
(Also Part I, §§ 25, 103, 143; 1.25–4T, 1.103–1,
6a.103A–2.)
Rev. Proc. 2009–27
SECTION 1. PURPOSE
This revenue procedure provides guid-
ance with respect to the United States and
area median gross income figures that are
to be used by issuers of qualified mortgage
bonds, as defined in § 143(a) of the Inter-
nal Revenue Code, and issuers of mortgage
credit certificates, as defined in § 25(c), in
computing the housing cost/income ratio
described in § 143(f)(5).
SECTION 2. BACKGROUND
.01 Section 103(a) provides that, ex-
cept as provided in § 103(b), gross income
does not include interest on any state or
local bond. Section 103(b)(1) provides
that § 103(a) shall not apply to any pri-
vate activity bond that is not a qualified
bond (within the meaning of § 141). Sec-
tion 141(e) provides that the term “qual-
ified bond” includes any private activity
bond that (1) is a qualified mortgage bond,
(2) meets the applicable volume cap re-
quirements under § 146, and (3) meets the
applicable requirements under § 147.
.02 Section 143(a)(1) provides that the
term “qualified mortgage bond” means a
bond that is issued as part of a “qualified
mortgage issue”. Section 143(a)(2)(A)
provides that the term “qualified mort-
gage issue” means an issue of one or more
bonds by a state or political subdivision
thereof, but only if (i) all proceeds of the
issue (exclusive of issuance costs and a
reasonably required reserve) are to be used
to finance owner-occupied residences; (ii)
the issue meets the requirements of sub-
sections (c), (d), (e), (f), (g), (h), (i), and
(m)(7) of § 143; (iii) the issue does not
meet the private business tests of para-
graphs(1)and(2)of§141(b);and(iv)
with respect to amounts received more
than 10 years after the date of issuance,
repayments of $250,000 or more of prin-
cipal on financing provided by the issue
are used not later than the close of the first
semi-annual period beginning after the
date the prepayment (or complete repay-
ment) is received to redeem bonds that are
part of the issue.
.03 Section 143(f) imposes eligibility
requirements concerning the maximum
income of mortgagors for whom financing
may be provided by qualified mortgage
bonds. Section 25(c)(2)(A)(iii)(IV) pro-
vides that recipients of mortgage credit
certificates must meet the income re-
quirements of § 143(f). Generally, under
§§ 143(f)(1) and 25(c)(2)(A)(iii)(IV),
these income requirements are met only
if all owner-financing under a qualified
mortgage bond and all certified indebt-
edness amounts under a mortgage credit
certificate program are provided to mort-
gagors whose family income is 115 percent
or less of the applicable median family
income. Under § 143(f)(6), the income
limitation is reduced to 100 percent of the
applicable median family income if there
are fewer than three individuals in the
family of the mortgagor.
.04 Section 143(f)(4) provides that the
term “applicable median family income”
means the greater of (A) the area median
grossincomefortheareainwhichtheres-
idence is located, or (B) the statewide me-
dian gross income for the state in which the
residence is located.
.05 Section 143(f)(5) provides for an
upward adjustment of the income limita-
tions in certain high housing cost areas.
Under § 143(f)(5)(C), a high housing
cost area is a statistical area for which
the housing cost/income ratio is greater
than 1.2. The housing cost/income ratio
is determined under § 143(f)(5)(D) by
dividing (a) the applicable housing price
ratio by (b) the ratio that the area median
gross income bears to the median gross
income for the United States. The applica-
ble housing price ratio is the new housing
price ratio (new housing average purchase
price for the area divided by the new hous-
ing average purchase price for the United
States) or the existinghousing price ratio
(existing housing average area purchase
price divided by the existing housing aver-
age purchase price for the United States),
whichever results in the housing cost/in-
come ratio being closer to 1. This income
adjustment applies only to bonds issued,
and nonissued bond amounts elected, after
December 31, 1988.See§ 4005(h) of the
Technical and Miscellaneous Revenue Act
of 1988, 1988–3 C.B. 1, 311 (1988).
.06 The Department of Housing and
Urban Development (HUD) has com-
puted the median gross income for the
United States, the states, and statisti-
cal areas within the states. The income
information was released to the HUD re-
gional offices on March 19, 2009, and
may be obtained by calling the HUD
reference service at 1–800–245–2691.
The income information is also avail-
able at HUD’s World Wide Web site,
http:huduser.org/datasets/il.html,which
provides a menu from which you may
select the year and type of data of interest.
The Internal Revenue Service annually
publishes the median gross income for the
United States.
.07 The most recent nationwide average
purchase prices and average area purchase
price safe harbor limitations were pub-
lished on March 16, 2009, in Rev. Proc.
2009–18, 2009–11 I.R.B. 670.
2009–19 I.R.B.938May 11, 2009

SECTION 3. APPLICATION
.01 When computing the housing
cost/income ratio under § 143(f)(5), is-
suers of qualified mortgage bonds and
mortgage credit certificates must use
$64,000 as the median gross income for
the United States.See§2.06ofthisrev-
enue procedure.
.02 When computing the housing
cost/income ratio under § 143(f)(5), is-
suers of qualified mortgage bonds and
mortgage credit certificates must use the
area median gross income figures released
by HUD on March 19, 2009.See§2.06of
this revenue procedure.
SECTION 4. EFFECT ON OTHER
REVENUE PROCEDURES
.01 Rev. Proc. 2008–19, 2008–11
I.R.B. 594, is obsolete except as provided
in § 5.02 of this revenue procedure.
.02 This revenue procedure does not af-
fect the effective date provisions of Rev.
Rul. 86–124, 1986–2 C.B. 27. Those ef-
fective date provisions will remain opera-
tive at least until the Service publishes a
new revenue ruling that conforms the ap-
proach to effective dates set forth in Rev.
Rul. 86–124 to the general approach taken
in this revenue procedure.
SECTION 5. EFFECTIVE DATES
.01 Issuers must use the United States
and area median gross income figures
specifiedin§3ofthisrevenueprocedure
for commitments to provide financing that
are made, or (if the purchase precedes the
financing commitment) for residences that
are purchased, in the period that begins
on March 19, 2009, and ends on the date
when these United States and area median
gross income figures are rendered obsolete
by a new revenue procedure.
.02 Notwithstanding § 5.01 of this rev-
enue procedure, issuers may continue to
rely on the United States and area me-
dian gross income figures specified in Rev.
Proc. 2008–19 with respect to bonds orig-
inally sold and nonissued bond amounts
elected not later than May 28, 2009, if
the commitments or purchases described
in § 5.01 are made not later than July 27,
2009.
DRAFTING INFORMATION
The principal authors of this rev-
enue procedure are David White and
Timothy Jones of the Office of Associate
Chief Counsel (Financial Institutions
& Products). For further information
regarding this revenue procedure, contact
Mr. White or Mr. Jones at (202) 622–3980
(not a toll-free call).
May 11, 20099392009–19 I.R.B.

Part IV. Items o
fGeneralInterest
Deletions Fro
m Cumulative
List of Organi
zations
Contribution
stoWhich
are Deductib
le Under Section
170 of the Cod
e
Announcement 2
009–37
The Internal Revenu
e Service has re-
voked its determina
tion that the organi-
zations listed bel
ow qualify as organiza-
tions described in
sections 501(c)(3) and
170(c)(2) of the In
ternal Revenue Code of
1986.
Generally, the Ser
vice will not disallow
deductions for co
ntributions made to a
listed organizat
ion on or before the date
of announcement i
n the Internal Revenue
Bulletin that an o
rganization no longer
qualifies. Howe
ver, the Service is not
precluded from d
isallowing a deduction
for any contribu
tions made after an or-
ganization ceas
es to qualify under section
170(c)(2) if the
organization has not timely
filed a suit for
declaratory judgment under
section 7428 an
d if the contributor (1) had
knowledge of th
e revocation of the ruling
or determinati
on letter, (2) was aware that
such revocati
on was imminent, or (3) was
in part respon
sible for or was aware of the
activities or
omissions of the organization
that brought a
bout this revocation.
If on the other
hand a suit for declara-
tory judgment
has been timely filed, con-
tributions f
rom individuals and organiza-
tions descri
bedinsection170(c)(2)that
are otherwis
e allowable will continue to
be deductibl
e. Protection under section
7428(c) wou
ld begin on May 11, 2009, and
would end on
thedatethecourtfirstdeter-
mines that t
he organization is not described
in section 1
70(c)(2) as more particularly
set forth in
section 7428(c)(1). For indi-
vidual cont
ributors, the maximum deduc-
tion prote
cted is $1,000, with a husband
and wife tr
eated as one contributor. This
benefit is
not extended to any individual, in
whole or in
part, for the acts or omissions
of the orga
nization that were the basis for
revocati
on.
Community Ho
using and Development
Corporation
Las Vegas, NV
Jordan Minist
ries, Inc
Dover, FL
Foundations Stat
us of Certain
Organizations
Announcement 20
09–38
The following org
anizations have failed
to establish or ha
ve been unable to main-
tain their statu
s as public charities or as op-
erating foundat
ions. Accordingly, grantors
and contributor
s may not, after this date,
rely on previou
s rulings or designations
in the Cumulati
ve List of Organizations
(Publication 7
8), or on the presumption
arising from th
e filing of notices under sec-
tion 508(b) of
the Code. This listing does
notindicate t
hat the organizations have lost
their status a
s organizations described in
section 501(c
)(3), eligible to receive de-
ductible cont
ributions.
Former Public
Charities. The follow-
ing organizat
ions (which have been treated
as organizat
ions that are not private foun-
dations desc
ribed in section 509(a) of the
Code) are now
classified as private foun-
dations:
Agape Shelte
r, Yucaipa, CA
Allentown Ar
ea Hunters, Inc.,
Barnegat, NJ
Alliance for
Christian Fellowship
Internation
al, Burnet, TX
Ambassadors
for Christ Theological
Seminary & Bi
ble College,
San Leandro,
CA
Andover Hook
and Ladder Company,
Andover, MA
Anthrophoto
grapher, Inc., Jefferson, TX
Bangladesh C
hildren Progress
Organizatio
n, Astoria, NY
BasicLifeSu
pport, Inc., Miami, FL
Boeswan Arts
Foundation, Chicago, IL
Bridgewater
Homes Assisted Living, Inc.,
Charlotte, N
C
Brighter Fut
ure, Compton, CA
Camden City Y
outh Services Commission,
Inc., Camden
,NJ
Canaan Commu
nity Development
Corporation
NFP, Buchanan, MI
Career Devel
opment and Youth Services,
Inc., Redan,
GA
C & G Music Tour
s for Children, Inc.,
Sacramento, C
A
ChristGod Res
olution Worldwide
Power Ministr
ies of Samual Arkisan,
Leicester, EN
Community Red
evelopment Group
of Southeaste
rn Michigan, Inc.,
Detroit, MI
Comprehensiv
e Scholarship Resource
Center, Detr
oit, MI
Debtwinners C
redit Counseling, Inc.,
Lincoln Univ
ersity, PA
Dogtown Civic
Association,
Philadelphi
a, PA
Education Ce
nter for New Life Changes,
Inc., Naples
,FL
Endeavors Su
pporting Cultural
Advancement
s Programs & Education
Inc., New Mil
ford, CT
Earnestine A
buse Center for Women and
Youth, Inc.,
Temple Hills, MD
Family Life C
ommunity Development
Corporation
, Inc., Landover, MD
First Genesi
s Development Corporation,
Rochester, N
Y
First Nonpro
fit Educational Foundation,
Chicago, IL
Friend Indee
d Foundation,
Richardson,
TX
George Hamil
ton Taylor Family Org.,
Salt Lake Cit
y, UT
Good Cause, I
nc., Atlanta, GA
Granville Re
sidents Opposed to Waste,
Inc., Butner
,NC
Greater Sout
h Florida Community
Development
Corporation, Miami, FL
Guardian Ang
els to Everyone,
Gladstone, N
D
Hawaii Islan
d Helping the Children
Foundation
, Kurtistown, HI
Heaven on Ea
rth Kingdom Ministries,
Inc., Gary,
IN
Houlton Ban
d of Maliseet Development
Corporatio
n, Littleton, ME
Humani, Inc
., Walnut Creek, CA
Improved Li
ving Foundation, Inc.,
Houston, TX
Institute f
or Careers and Leadership
Developmen
t, Inc., Houston, TX
Institute f
or Christian Understanding,
Midland, MI
Intertriba
l Voices of Children and
Families, G
rand Fork, ND
Jesse the La
w Torres Boxing Club and
Drop In Yout
h Center, Naoerville, IL
2009–19 I.R.B.940May 11, 2009

Juan Francisco Gasca Non Profit Fund,
Palos Hills, IL
K E A P, Inc., Elkhart, IN
Lifestyle Incorporation for the Northside
Community, Inc., Jacksonville, FL
Matthews Memorial Housing, Inc.,
Washington, DC
Mayfair Youth Challenge, Inc.,
Baton Rouge, LA
MC2, Inc., New Castle, PA
Miami Minority Health Center, Inc.,
Miami, FL
Mother Katherine Drexel Academy, Inc.,
Atlanta, GA
National Collegiate Hockey Hall of Fame,
Inc., Grand Forks, ND
Nevada Youth Outreach, Las Vegas, NV
New Grafton Baptist Church Outreach
Ministries, Newport News, VA
New Jerusalem Ministries, Inc., Milfa, VA
New Horizon Academic Learning and
Training Center, Inc., Wauchula, FL
NFL Communications, Inc.,
St. Thomas, VI
Partners In Child Safety of Lake Charles,
Inc., Lake Charles, LA
Prophetic Word Ministries, Lawton, OK
Reaching Over Boundaries Foundation,
San Francisco, CA
Rockbend Outreach Community Center,
Pittsburgh, PA
Rosies Adventure Club, Houston, TX
Sandlot Baseball, Lafayette, LA
Senior Source of Metropolitan New
Jersey, West Orange, NJ
S.I.S.T.E.R.S Outreach, Inc., Gretna, LA
South Providence Self Help Center,
Providence, RI
Styling Your Life, Madison, MS
TAME Foundation, Inc., Charleston, SC
Vital Science, Inc., Los Angeles, CA
Way of the Heart Ministries, Inc.,
New Boston, TX
Weekends Only, Inc., Brooklyn, NY
Westside Community Development
Corporation, Ventura, CA
Womens Healing Network, Inc.,
Houston, TX
If an organization listed above submits
information that warrants the renewal of
its classification as a public charity or as
a private operating foundation, the Inter-
nalRevenueServicewillissuearulingor
determinationletterwiththerevisedclas-
sification as to foundation status. Grantors
and contributors may thereafter rely upon
such ruling or determination letter as pro-
videdinsection1.509(a)–7oftheIncome
Tax Regulations. It is not the practice of
the Service to announce such revised clas-
sification of foundation status in the Inter-
nal Revenue Bulletin.
May 11, 20099412009–19 I.R.B.

Definition of Terms
Revenue rulings and revenue procedures
(hereinafter referred to as “rulings”) that
have an effect on previous rulings use the
following defined terms to describe the ef-
fect:
Amplifieddescribes a situation where
no change is being made in a prior pub-
lished position, but the prior position is be-
ingextendedtoapplytoavariationofthe
fact situation set forth therein. Thus, if
an earlier ruling held that a principle ap-
plied to A, and the new ruling holds that the
same principle also applies to B, the earlier
ruling is amplified. (Compare withmodi-
fied,below).
Clarifiedis used in those instances
where the language in a prior ruling is be-
ing made clear because the language has
caused, or may cause, some confusion.
It is not used where a position in a prior
ruling is being changed.
Distinguisheddescribes a situation
where a ruling mentions a previously pub-
lished ruling and points out an essential
difference between them.
Modifiedis used where the substance
of a previously published position is being
changed. Thus, if a prior ruling held that a
principle applied to A but not to B, and the
new ruling holds that it applies to both A
and B, the prior ruling is modified because
it corrects a published position. (Compare
withamplifiedandclarified, above).
Obsoleteddescribes a previously pub-
lished ruling that is not considered deter-
minative with respect to future transac-
tions. This term is most commonly used in
a ruling that lists previously published rul-
ings that are obsoleted because of changes
in laws or regulations. A ruling may also
be obsoleted because the substance has
been included in regulations subsequently
adopted.
Revokeddescribes situations where the
position in the previously published ruling
is not correct and the correct position is
beingstatedinanewruling.
Supersededdescribes a situation where
the new ruling does nothing more than re-
state the substance and situation of a previ-
ously published ruling (or rulings). Thus,
the term is used to republish under the
1986 Code and regulations the same po-
sition published under the 1939 Code and
regulations. The term is also used when
it is desired to republish in a single rul-
ing a series of situations, names, etc., that
were previously published over a period of
time in separate rulings. If the new rul-
ing does more than restate the substance
of a prior ruling, a combination of terms
is used. For example,modifiedandsu-
persededdescribes a situation where the
substance of a previously published ruling
is being changed in part and is continued
without change in part and it is desired to
restate the valid portion of the previously
published ruling in a new ruling that is self
contained. In this case, the previously pub-
lished ruling is first modified and then, as
modified, is superseded.
Supplementedis used in situations in
which a list, such as a list of the names of
countries, is published in a ruling and that
list is expanded by adding further names in
subsequent rulings. After the original rul-
ing has been supplemented several times, a
new ruling may be published that includes
the list in the original ruling and the ad-
ditions, and supersedes all prior rulings in
the series.
Suspendedis used in rare situations to
show that the previous published 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 fol
lowing abbreviations in current use
and for
merly used will appear in material
publis
hedintheBulletin.
A—Individual.
Acq.—A
cquiescence.
B—Individual.
BE—Beneficiary.
BK—Bank
.
B.T.A.—Board of Tax Appeals.
C—Individual.
C.B.—Cu
mulative Bulletin.
CFR—Code of Federal Regulations.
CI—City.
COOP—Coo
perative.
Ct.D.—Court Decision.
CY—County.
D—Decede
nt.
DC—Dummy Corporation.
DE—Donee.
Del. Order
—Delegation Order.
DISC—Domestic International Sales Corporation.
DR—Donor.
E—Estate.
EE—Employee.
E.O.—Executive Order.
ER—Emp
loyer.
ERISA—Employee Retirement Income Security Act.
EX—Executor.
F—Fiduc
iary.
FC—Foreign Country.
FICA—Federal Insurance Contributions Act.
FISC—Fo
reign International Sales Company.
FPH—Foreign Personal Holding Company.
F.R.—Federal Register.
FUTA—Fed
eral Unemployment Tax Act.
FX—Foreign corporation.
G.C.M.—Chief Counsel’s Memorandum.
GE—Grante
e.
GP—General Partner.
GR—Grantor.
IC—Insura
nce Company.
I.R.B.—Internal Revenue Bulletin.
LE—Lessee.
LP—Limited
Partner.
LR—Lessor.
M—Minor.
Nonacq.—No
nacquiescence.
O—Organization.
P—Parent Corporation.
PHC—Persona
l Holding Company.
PO—Possession of the U.S.
PR—Partner.
PRS—Pa
rtnership.
PTE—Prohibited Transaction Exemption.
Pub. L.—Public Law.
REIT—Re
al Estate Investment Trust.
Rev. Proc.—Revenue Procedure.
Rev. Rul.—Revenue Ruling.
S—Subsi
diary.
S.P.R.—Statement of Procedural Rules.
Stat.—Statutes at Large.
T—Target
Corporation.
T.C.—Tax Court.
T.D.—Treasury Decision.
TFE—Trans
feree.
TFR—Transferor.
T.I.R.—Technical Information Release.
TP—Taxpay
er.
TR—Trust.
TT—Trustee.
U.S.C.—Uni
ted States Code.
X—Corporation.
Y—Corporation.
Z—Corporat
ion.
2009–19 I.R.B.iMay 11, 2009

Numerical Finding List
1
Bulletins 2009–1 through 2009–19
Announcements:
2009-1, 2009-1 I.R.B.242
2009-2, 2009-5 I.R.B.424
2009-3, 2009-6 I.R.B.459
2009-4, 2009-8 I.R.B.597
2009-5, 2009-8 I.R.B.569
2009-6, 2009-9 I.R.B.643
2009-7, 2009-10 I.R.B.663
2009-8, 2009-8 I.R.B.598
2009-9, 2009-9 I.R.B.643
2009-10, 2009-9 I.R.B.644
2009-11, 2009-10 I.R.B.663
2009-12, 2009-11 I.R.B.686
2009-13, 2009-11 I.R.B.686
2009-14, 2009-11 I.R.B.687
2009-15, 2009-11 I.R.B.687
2009-16, 2009-11 I.R.B.691
2009-17, 2009-12 I.R.B.714
2009-18, 2009-12 I.R.B.714
2009-19, 2009-12 I.R.B.715
2009-20, 2009-12 I.R.B.716
2009-21, 2009-13 I.R.B.730
2009-22, 2009-13 I.R.B.731
2009-23, 2009-13 I.R.B.731
2009-24, 2009-13 I.R.B.732
2009-25, 2009-14 I.R.B.755
2009-26, 2009-14 I.R.B.755
2009-27, 2009-14 I.R.B.756
2009-28, 2009-15 I.R.B.760
2009-29, 2009-14 I.R.B.757
2009-30, 2009-15 I.R.B.794
2009-31, 2009-15 I.R.B.798
2009-32, 2009-15 I.R.B.799
2009-33, 2009-15 I.R.B.799
2009-34, 2009-18 I.R.B.916
2009-35, 2009-17 I.R.B.892
2009-36, 2009-18 I.R.B.927
2009-37, 2009-19 I.R.B.940
2009-38, 2009-19 I.R.B.940
Notices:
2009-1, 2009-2 I.R.B.250
2009-2, 2009-4 I.R.B.344
2009-3, 2009-2 I.R.B.250
2009-4, 2009-2 I.R.B.251
2009-5, 2009-3 I.R.B.309
2009-6, 2009-3 I.R.B.311
2009-7, 2009-3 I.R.B.312
2009-8, 2009-4 I.R.B.347
2009-9, 2009-5 I.R.B.419
2009-10, 2009-5 I.R.B.419
2009-11, 2009-5 I.R.B.420
Notices— Continued:
2009-12, 2009-6 I.R.B.446
2009-13, 2009-6 I.R.B.447
2009-14, 2009-7 I.R.B.516
2009-15, 2009-6 I.R.B.449
2009-16, 2009-8 I.R.B.572
2009-17, 2009-8 I.R.B.575
2009-18, 2009-10 I.R.B.648
2009-19, 2009-10 I.R.B.660
2009-20, 2009-12 I.R.B.711
2009-21, 2009-13 I.R.B.724
2009-22, 2009-14 I.R.B.741
2009-23, 2009-16 I.R.B.802
2009-24, 2009-16 I.R.B.817
2009-25, 2009-15 I.R.B.758
2009-26, 2009-16 I.R.B.833
2009-27, 2009-16 I.R.B.838
2009-29, 2009-16 I.R.B.849
2009-30, 2009-16 I.R.B.852
2009-31, 2009-16 I.R.B.856
2009-32, 2009-17 I.R.B.865
2009-33, 2009-17 I.R.B.865
2009-34, 2009-17 I.R.B.876
2009-35, 2009-17 I.R.B.876
2009-36, 2009-17 I.R.B.883
2009-37, 2009-18 I.R.B.898
2009-38, 2009-18 I.R.B.901
2009-39, 2009-18 I.R.B.902
2009-40, 2009-19 I.R.B.931
2009-41, 2009-19 I.R.B.933
Proposed Regulations:
REG-144615-02, 2009-7 I.R.B.561
REG-144689-04, 2009-18 I.R.B.906
REG-148568-04, 2009-5 I.R.B.421
REG-160872-04, 2009-4 I.R.B.358
REG-158747-06, 2009-4 I.R.B.362
REG-116699-07, 2009-13 I.R.B.727
REG-138326-07, 2009-9 I.R.B.638
REG-143686-07, 2009-8 I.R.B.579
REG-150670-07, 2009-4 I.R.B.378
REG-113462-08, 2009-4 I.R.B.379
REG-147636-08, 2009-9 I.R.B.641
REG-150066-08, 2009-5 I.R.B.423
Revenue Procedures:
2009-1, 2009-1 I.R.B.1
2009-2, 2009-1 I.R.B.87
2009-3, 2009-1 I.R.B.107
2009-4, 2009-1 I.R.B.118
2009-5, 2009-1 I.R.B.161
2009-6, 2009-1 I.R.B.189
2009-7, 2009-1 I.R.B.226
2009-8, 2009-1 I.R.B.229
2009-9, 2009-2 I.R.B.256
2009-10, 2009-2 I.R.B.267
Revenue Procedures— Continued:
2009-11, 2009-3 I.R.B.313
2009-12, 2009-3 I.R.B.321
2009-13, 2009-3 I.R.B.323
2009-14, 2009-3 I.R.B.324
2009-15, 2009-4 I.R.B.356
2009-16, 2009-6 I.R.B.449
2009-17, 2009-7 I.R.B.517
2009-18, 2009-11 I.R.B.670
2009-19, 2009-14 I.R.B.747
2009-20, 2009-14 I.R.B.749
2009-21, 2009-16 I.R.B.860
2009-22, 2009-16 I.R.B.862
2009-23, 2009-17 I.R.B.884
2009-24, 2009-17 I.R.B.885
2009-26, 2009-19 I.R.B.935
2009-27, 2009-19 I.R.B.938
Revenue Rulings:
2009-1, 2009-2 I.R.B.248
2009-2, 2009-2 I.R.B.245
2009-3, 2009-5 I.R.B.382
2009-4, 2009-5 I.R.B.408
2009-5, 2009-6 I.R.B.432
2009-6, 2009-12 I.R.B.694
2009-7, 2009-13 I.R.B.717
2009-8, 2009-10 I.R.B.645
2009-9, 2009-14 I.R.B.735
2009-10, 2009-14 I.R.B.738
2009-11, 2009-18 I.R.B.896
2009-12, 2009-19 I.R.B.928
Tax Conventions:
2009-5, 2009-8 I.R.B.569
Treasury Decisions:
9434, 2009-4 I.R.B.339
9435, 2009-4 I.R.B.333
9436, 2009-3 I.R.B.268
9437, 2009-4 I.R.B.341
9438, 2009-5 I.R.B.387
9439, 2009-5 I.R.B.416
9440, 2009-5 I.R.B.409
9441, 2009-7 I.R.B.460
9442, 2009-6 I.R.B.434
9443, 2009-8 I.R.B.564
9444, 2009-9 I.R.B.603
9445, 2009-9 I.R.B.635
9446, 2009-9 I.R.B.607
9447, 2009-12 I.R.B.694
1
A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2008–27 through 2008–52 is in Internal Revenue Bulletin
2008–52, dated December 29, 2008.
May 11, 2009ii2009–19 I.R.B.

Finding List of Current Actions on
Previously Published Items
1
Bulletins 2009–1 through 2009–19
Notices:
99-35
Obsoleted by
Notice 2009-15, 2009-6 I.R.B.449
2001-55
Modified by
Notice 2009-1, 2009-2 I.R.B.250
2002-27
Modified by
Notice 2009-9, 2009-5 I.R.B.419
2005-74
Obsoleted by
T.D. 9446, 2009-9 I.R.B.607
2007-26
Modified by
Notice 2009-15, 2009-6 I.R.B.449
2007-52
Clarified, modified, and amplified by
Notice 2009-24, 2009-16 I.R.B.817
2007-53
Clarified, modified, and ampilfied by
Notice 2009-23, 2009-16 I.R.B.802
2007-54
Obsoleted by
T.D. 9436, 2009-3 I.R.B.268
2008-11
Obsoleted by
T.D. 9436, 2009-3 I.R.B.268
2008-12
Obsoleted by
T.D. 9436, 2009-3 I.R.B.268
Rev. Proc. 2009-11, 2009-3 I.R.B.313
2008-13
Obsoleted by
T.D. 9436, 2009-3 I.R.B.268
List of forms modified and superseded by
Rev. Proc. 2009-11, 2009-3 I.R.B.313
Modified and clarified by
Notice 2009-5, 2009-3 I.R.B.309
2008-46
Obsoleted by
T.D. 9436, 2009-3 I.R.B.268
Rev. Proc. 2009-11, 2009-3 I.R.B.313
2008-100
Amplified and superseded by
Notice 2009-14, 2009-7 I.R.B.516
Notices— Continued:
2008-110
Modified by
Notice 2009-34, 2009-17 I.R.B.876
Proposed Regulations:
REG-144615-02
Corrected by
Ann. 2009-19, 2009-12 I.R.B.715
REG-149519-03
Withdrawn by
Ann. 2009-4, 2009-8 I.R.B.597
REG-148326-05
Corrected by
Ann. 2009-14, 2009-11 I.R.B.687
REG-158747-06
Hearing scheduled by
Ann. 2009-29, 2009-14 I.R.B.757
REG-150066-08
Corrected by
Ann. 2009-31, 2009-15 I.R.B.798
Hearing cancelled by
Ann. 2009-36, 2009-18 I.R.B.927
Revenue Procedures:
2007-17
Superseded by
Rev. Proc. 2009-14, 2009-3 I.R.B.324
2007-66
Modified and superseded by
Rev. Proc. 2009-21, 2009-16 I.R.B.860
2007-68
Superseded by
Rev. Proc. 2009-17, 2009-7 I.R.B.517
2007-71
Modified by
Notice 2009-3, 2009-2 I.R.B.250
2008-1
Superseded by
Rev. Proc. 2009-1, 2009-1 I.R.B.1
2008-2
Superseded by
Rev. Proc. 2009-2, 2009-1 I.R.B.87
2008-3
Superseded by
Rev. Proc. 2009-3, 2009-1 I.R.B.107
2008-4
Superseded by
Rev. Proc. 2009-4, 2009-1 I.R.B.118
2008-5
Superseded by
Rev. Proc. 2009-5, 2009-1 I.R.B.161
Revenue Procedures— Continued:
2008-6
Superseded by
Rev. Proc. 2009-6, 2009-1 I.R.B.189
2008-7
Superseded by
Rev. Proc. 2009-7, 2009-1 I.R.B.226
2008-8
Superseded by
Rev. Proc. 2009-8, 2009-1 I.R.B.229
2008-9
Superseded by
Rev. Proc. 2009-9, 2009-2 I.R.B.256
2008-17
Obsoleted in part by
Rev. Proc. 2009-18, 2009-11 I.R.B.670
2008-19
Obsoleted in part by
Rev. Proc. 2009-27, 2009-19 I.R.B.938
2008-61
Superseded by
Rev. Proc. 2009-3, 2009-1 I.R.B.107
2008-65
Amplified and supplemented by
Rev. Proc. 2009-16, 2009-6 I.R.B.449
2008-66
Modified and superseded by
Rev. Proc. 2009-21, 2009-16 I.R.B.860
2008-68
Amplified and superseded by
Rev. Proc. 2009-15, 2009-4 I.R.B.356
2009-19
Modified and superseded by
Rev. Proc. 2009-26, 2009-19 I.R.B.935
Revenue Rulings:
65-286
Obsoleted by
T.D. 9435, 2009-4 I.R.B.333
71-381
Obsoleted in part by
Rev. Rul. 2009-9, 2009-14 I.R.B.735
76-54
Obsoleted by
T.D. 9435, 2009-4 I.R.B.333
92-19
Supplemented by
Rev. Rul. 2009-3, 2009-5 I.R.B.382
2008-19
Modified by
Rev. Rul. 2009-3, 2009-5 I.R.B.382
1
A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2008–27 through 2008–52 is in Internal Revenue Bulletin 2008–52, dated December 29,
2008.
2009–19 I.R.B.iiiMay 11, 2009

Treasury Decisions:
9436
Corrected by
Ann. 2009-15, 2009-11 I.R.B.687
9438
Corrected by
Ann. 2009-30, 2009-15 I.R.B.794
9439
Corrected by
Ann. 2009-12, 2009-11 I.R.B.686
9441
Corrected by
Ann. 2009-18, 2009-12 I.R.B.714
9442
Corrected by
Ann. 2009-13, 2009-11 I.R.B.686
Ann. 2009-20, 2009-12 I.R.B.716
9446
Corrected by
Ann. 2009-23, 2009-13 I.R.B.731
May 11, 2009iv2009–19 I.R.B.

2009–19 I.R.B.May 11, 2009

May 11, 20092009–19 I.R.B.

INTERNAL REVENUE BULLETIN
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