Internal Revenue Bulletin 2009-31 (PDF rendition): IRS Notices

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Bulletin No. 200
9-31
August 3, 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. 2009–22, page 167.
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 August 2009.
REG–130200–08, page 174.
Proposed regulations under section 280C of the Code concern
taxpayers who make the election to claim the reduced research
credit under section 41(a). A public hearing is scheduled for
November 4, 2009.
Notice 2009–55, page 170.
This notice provides a list of transactions that have been iden-
tified by the Service as “transactions of interest” for purposes
of regulations section 1.6011-4(b)(6) and sections 6111 and
6112 of the Code.
Notice 2009–59, page 170.
This notice provides a list of transactions that have been identi-
fied by the Service as “listed transactions” for purposes of reg-
ulations section 1.6011-4(b)(2) and sections 6111 and 6112
of the Code. Notice 2004-67 supplemented and superseded.
ADMINISTRATIVE
Notice 2009–55, page 170.
This notice provides a list of transactions that have been iden-
tified by the Service as “transactions of interest” for purposes
of regulations section 1.6011-4(b)(6) and sections 6111 and
6112 of the Code.
Notice 2009–59, page 170.
This notice provides a list of transactions that have been identi-
fied by the Service as “listed transactions” for purposes of reg-
ulations section 1.6011-4(b)(2) and sections 6111 and 6112
of the Code. Notice 2004-67 supplemented and superseded.
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.
August 3, 20092009–31 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 August 2009
. See Rev. Rul. 2009-22, page 167.
Section 280G.—Golden
Parachute Payments
Federal short-term, mid-term, and long-term rates
are set forth for the month of August 2009. See Rev.
Rul. 2009-22, page 167.
Section 382.—Limitation
on Net Operational 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 August 2009. See Rev. Rul.
2009-22, page 167.
Section 412.—Minimum
Funding Standards
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of August 2009. See Rev. Rul. 2009-22, page 167.
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 August 2009. See Rev. Rul. 2009-22, page 167.
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 Aug
ust 2009. See Rev. Rul. 2009-22, page 167.
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 August 2009. See Rev.
Rul. 2009-22
, page 167.
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 August 2009. See Rev. Rul. 2009-22, page 167.
Section 642.—Special
Rules for Credits and
Deductions
Federal short-term, mid-term, and long-term rates
are set forth for the month of August 2009. See Rev.
Rul. 2009-22, page 167.
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 August 2009. See Rev. Rul. 2009-22, page 167.
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 August 2009. See Rev. Rul. 2009-22, page 167.
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 Augu
st 2009.
Rev. Rul. 2009
–22
This revenue
ruling provides various
prescribed r
ates for federal income tax
purposes for
August 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 Au-
gust 30,
2008, and before December 31,
2013, s
hall not be less than 9%. Finally,
Table 5
contains the federal rate for deter-
mining
the present value of an annuity, an
intere
st for life or for a term of years, or
a remai
nder or a reversionary interest for
purpo
ses of section 7520.
2009–31 I.R.B.167August 3, 2009

REV. RUL. 2009–22 TABLE 1
Applicable Federal Rates (AFR) for August 2009
Period for Compounding
AnnualSemiannualQuarterlyMonthly
Short-term
AFR.83%.83%.83%.83%
110% AFR.91%.91%.91%.91%
120% AFR1.00%1.00%1.00%1.00%
130% AFR1.08%1.08%1.08%1.08%
Mid-term
AFR2.80%2.78%2.77%2.76%
110% AFR3.08%3.06%
3.05%
3.04%
120% AFR3.37%3.34%3.33%3.32%
130% AFR3.64%3.61%
3.59%3.58%
150% AFR
4.21%4.17%
4.15%
4.13%
175% AFR
4.93%4.87%4.84%4.82%
Long-term
AFR4.26%4.22%4.20%4.18%
110% AFR4.69%4.64%4.61%4.60%
120% AFR
5.12%5.06%5.03%5.01%
130% AFR
5.57%5.49%5.45%5.43%
REV. RUL. 2009–22 TABLE 2
Adjusted AFR for August 2009
Period for Compounding
AnnualSemiannualQuarterlyMonthly
Short-term adjusted
AFR
.92%.92%.92%.92%
Mid-term adjusted AFR2.40%2.39%2.38%2.38%
Long-term adjusted
AFR
4.48%4.43%4.41%4.39%
REV. RUL. 2009–22 TABLE 3
Rates Under Section 382 for August 2009
Adjusted federal long-term rate for the current month4.48%
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.)4.48%
REV. RUL. 2009–22 TABLE 4
Appropriate Percentages Under Section 42(b)(1) for August 2009
Note: Under Section 42(b)(2), the applicablepercentage for non-federally subsidizednew buildings placed in service after August
30, 2008, and before December 31, 2013, shall not be less than 9%.
Appropriate percentage for the 70% present value low-income housing credit7.82%
Appropriate percentage for the 30% present value low-income housing credit3.35%
August 3, 20091682009–31 I.R.B.

REV. RUL. 2009–22 TABLE 5
Rate Under Section 7520 for August 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 interest3.4%
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 August 2009. See Rev. Rul. 2009-22, page 167.
Section 7520.—Valuation
Tables
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of August 2009. See Rev. Rul. 2009-22, page 167.
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 August 2009. See Rev. Rul. 2009-22, page 167.
2009–31 I.R.B.169August 3, 2009

Part III. Administrative, Procedural, and Miscellaneous
Transactions of Interest
Notice 2009–55
SECTION 1. PURPOSE
This notice provides a list of transac-
tions that have been identified by the Inter-
nal Revenue Service as “transactions of in-
terest” for purposes of § 1.6011–4(b)(6) of
the Income Tax Regulations and §§ 6111,
6112, 6662A, 6707, 6707A and 6708 of the
Internal Revenue Code.
SECTION 2. TRANSACTIONS OF
INTEREST
Transactions that are the same as or
substantially similar to one of the types
of transactions described in the list be-
low have been identified by the Service
as “transactions of interest” for purposes
of § 1.6011–4(b)(6) and §§ 6111, 6112,
6662A, 6707, 6707A and 6708. Generally,
persons entering into these transactions on
or after November 2, 2006, must disclose
their participation in the transaction as de-
scribed in § 1.6011–4. Taxpayers who fail
to disclose may be subject to penalties un-
der §§ 6662A and 6707A. Material advi-
sors who make a tax statement on or after
November 2, 2006, with respect to transac-
tions entered into on or after November 2,
2006, may have disclosure and list mainte-
nance obligations under §§ 6111 and 6112.
See§ 1.6011–4, and §§ 301.6111–3 and
301.6112–1 of the Procedure and Admin-
istration Regulations. Material advisors
who fail to disclose or maintain and fur-
nish lists may be subject to penalties under
§§ 6707 and 6708, respectively.
(1) Notice 2007–72, 2007–2 C.B. 544
(transactions in which a taxpayer directly
or indirectly acquires certain rights in real
property or in an entity that directly or in-
directly holds real property, transfers the
rights more than one year after the ac-
quisition to an organization described in
§ 170(c), and claims a charitable contribu-
tion deduction under § 170 that is signifi-
cantly higher than the amount that the tax-
payer paid to acquire the rights (identified
as “transactions of interest” on August 14,
2007));
(2) Notice 2007–73, 2007–2 C.B. 545
(transactions using a grantor trust and
the purported termination and subsequent
re-creation of the trust’s grantor trust sta-
tus, for the purpose of allowing the grantor
to claim a tax loss greater than any actual
economic loss sustained by the taxpayer
or to avoid inappropriately the recognition
of gain (identified as “transactions of in-
terest” on August 14, 2007));
(3) Notice 2008–99, 2008–47 I.R.B.
1194 (transactions involving the sale or
other disposition of all the interests in
a charitable remainder trust (subsequent
to the contribution of appreciated assets
to and their reinvestment by the trust)
resulting in the grantor or other nonchar-
itable recipient receiving the value of
that person’s trust interest while claim-
ing to recognize little or no taxable gain
(identified as “transactions of interest” on
October 31, 2008));
(4) Notice 2009–7, 2009–3 I.R.B. 312
(transactions in which a U.S. taxpayer
that owns controlled foreign corporations
(CFCs) that hold stock of a lower-tier
CFC through a domestic partnership takes
the position that subpart F income of the
lower-tier CFC or an amount determined
under § 956(a) related to holdings of
United States property by the lower-tier
CFC does not result in income inclu-
sions under § 951(a) for the U.S. taxpayer
(identified as “transactions of interest” on
December 29, 2008)).
SECTION 3. ADDITIONAL
TRANSACTIONS OF INTEREST
Forupdatestothislist
gototheIRSwebpageat
www.irs.gov/businesses/corporationsand
click on “Abusive Tax Shelters and
Transactions.” Notices and other
published guidance will still be used
to identify transactions that have
been determined by the Service to be
“transactions of interest.”
DRAFTING INFORMATION
The principal author of this notice is
Charles D. Wien of the Office of Associate
Chief Counsel (Passthroughs & Special In-
dustries). For furtherinformation regard-
ing this notice, contact Mr. Wien at (202)
622–3080 (not a toll-free call).
Listed Transactions
Notice 2009–59
SECTION 1. PURPOSE
This notice updates the list of transac-
tions that have been determined by the In-
ternal Revenue Service to be “listed trans-
actions” for purposes of § 1.6011–4(b)(2)
of the Income Tax Regulations and
§§ 6111, 6112, 6662A, 6707, 6707A, and
6708 of the Internal Revenue Code. This
notice restates the list of “listed transac-
tions” in Notice 2004–67, 2004–2 C.B.
600, and updates the list by adding trans-
actions identified as “listed transactions”
in notices and other guidance released
after September 24, 2004.
SECTION 2. CURRENT LISTED
TRANSACTIONS
Transactions that are the same as or
substantially similar to one of the types
of transactions described in the list be-
low have been determined by the Ser-
vice to be tax avoidance transactions
and are “listed transactions” for purposes
of § 1.6011–4(b)(2) and §§ 6111, 6112,
6662A, 6707, 6707A and 6708. As a re-
sult, taxpayers may need to disclose their
participation in these listed transactions
as prescribed in § 1.6011–4, and mate-
rial advisors may need to disclose these
transactions under § 301.6111–3 of the
Procedure and Administration Regula-
tions. Taxpayers who fail to disclose may
be subject to penalties under §§ 6662A
and 6707A. Material advisors who fail to
disclose may be subject to penalties under
§ 6707. In addition, material advisors
must maintain lists of advisees and other
information with respect to these listed
transactions pursuant to § 301.6112–1.
Material advisors who fail to furnish a list
as required under § 301.6112–1 may be
subject to penalties under § 6708.
(1) Rev. Rul. 90–105, 1990–2 C.B. 69
(transactions in which taxpayers claim
deductions for contributions to a
qualified cash or deferred arrangement
or matching contributions to a defined
contribution plan where the contributions
are attributable to compensation earned
by plan participants after the end of
August 3, 20091702009–31 I.R.B.

the taxable year (identified as “listed
transactions” on February 28, 2000)).See
alsoRev. Rul. 2002–46, 2002–2 C.B.
117 (result is the same, and transactions
are substantially similar, even though the
contributions are designated as satisfying
a liability established before the end of
the taxable year),modified byRev. Rul.
2002–73, 2002–2 C.B. 805;
(2) Notice 95–34, 1995–1 C.B. 309
(certain trust arrangements purported to
qualify as multiple employer welfare ben-
efit funds exempt from the limits of §§ 419
and 419A (identified as “listed transac-
tions” on February 28, 2000)).See also
§ 1.419A(f)(6)–1 (10 or more employer
plans);
(3) Transactions substantially similar to
those at issue inASA Investerings Partner-
ship v. Commissioner, 201 F.3d 505 (D.C.
Cir. 2000), andACM Partnership v. Com-
missioner, 157 F.3d 231 (3d Cir. 1998)
(transactions involving contingent install-
ment sales of securities by partnerships in
order to accelerate and allocate income to
a tax-indifferent partner, such as a tax-ex-
empt entity or foreign person, and to allo-
cate later losses to another partner (iden-
tified as “listed transactions” on February
28, 2000));
(4) Section 1.643(a)–8 (transactions
involving distributions described in
§1.643(a)–8 from charitable remainder
trusts (identified as “listed transactions”
on February 28, 2000));
(5) Notice 99–59, 1999–2 C.B. 761
(transactions involving the distribution of
encumbered property in which taxpayers
claim tax losses for capital outlays that
they have in fact recovered (identified
as “listed transactions” on February 28,
2000)).See also§ 1.301–1(g);
(6) Section 1.7701(l)–3 (transactions
involving fast-pay arrangements as de-
fined in § 1.7701(l)–3(b) (identified as
“listed transactions” on February 28,
2000));
(7) Rev. Rul. 2000–12, 2000–1 C.B.
744 (certain transactions involving the ac-
quisition of two debt instruments the val-
ues of which are expected to change sig-
nificantly at about the same time in oppo-
site directions (identified as “listed trans-
actions” on February 28, 2000));
(8) Notice 2000–44, 2000–2 C.B. 255
(transactions generating losses resulting
from artificially inflating the basis of
partnership interests (identified as “listed
transactions” on August 11, 2000)).See
also§§ 1.752–1(a), 1.752–6, and 1.752–7;
(9) Notice 2000–60, 2000–2 C.B. 568
(transactions involving the purchase of a
parent corporation’s stock by a subsidiary,
a subsequent transfer of the purchased par-
ent stock from the subsidiary to the par-
ent’s employees, and the eventual liquida-
tion or sale of the subsidiary (identified
as “listed transactions” on November 16,
2000));
(10) Notice 2000–61, 2000–2 C.B. 569
(transactions purporting to apply § 935
to Guamanian trusts (identified as “listed
transactions” on November 21, 2000));
(11) Notice 2001–16, 2001–1 C.B.
730 (transactions involving the use of an
intermediary to sell the assets of a corpo-
ration (identified as “listed transactions”
on January 18, 2001)). Notice 2008–111,
2008–51 I.R.B. 1299, clarifies Notice
2001–16 and supersedes Notice 2008–20,
2008–6 I.R.B. 406;
(12) Notice 2001–17, 2001–1 C.B. 730
(transactions involving a loss on the sale of
stock acquired in a purported § 351 trans-
fer of a high basis asset to a corporation
and the corporation’s assumption of a lia-
bility that the transferor has not yet taken
into account for federal income tax pur-
poses (identified as “listed transactions”
on January 18, 2001));
(13) Notice 2001–45, 2001–2 C.B. 129
(certain redemptions of stock in transac-
tions not subject to U.S. tax in which the
basis of the redeemed stock is purported
to shift to a U.S. taxpayer (identified as
“listed transactions” on July 26, 2001));
(14) Notice 2002–21, 2002–1 C.B. 730
(transactions involving the use of a loan
assumption agreement to inflate basis in
assets acquired from another party to claim
losses (identified as “listed transactions”
on March 18, 2002);
(15) Notice 2002–35, 2002–1 C.B. 992
(transactions involving the use of a no-
tional principal contract to claim current
deductions for periodic payments made by
a taxpayer while disregarding the accrual
of a right to receive offsetting payments
in the future (identified as “listed transac-
tions” on May 6, 2002)). Notice 2006–16,
2006–1 C.B. 538, clarifies and modifies
Notice 2002–35;
(16) Notice 2002–50, 2002–2 C.B.
98 (transactions involving the use of a
straddle, a tiered partnership structure,
a transitory partner, and the absence of
a§754electiontoclaimapermanent
noneconomic loss (identified as “listed
transactions” on June 25, 2002)); Notice
2002–65, 2002–2 C.B. 690 (transactions
involving the use of a straddle, an S cor-
poration or a partnership, and one or more
transitory shareholders or partners to claim
a loss while deferring an offsetting gain
are substantially similar to transactions
described in Notice 2002–50); and Notice
2003–54, 2003–2 C.B. 363 (transactions
involving the use of economically offset-
ting positions, one or more tax indifferent
parties, and the common trust fund ac-
counting rules of § 584 to allow a taxpayer
to claim a noneconomic loss are substan-
tially similar to transactions described in
Notice 2002–50 and Notice 2002–65);
(17) Rev. Rul. 2002–69, 2002–2 C.B.
760, modifying and superseding Rev. Rul.
99–14, 1999–1 C.B. 835 (transactions in
which a taxpayer purports to lease prop-
erty and then purports to immediately sub-
lease it back to the lessor (often referred
to as “lease-in/lease-out” or “LILO” trans-
actions) (identified as “listed transactions”
on February 28, 2000));
(18) Rev. Rul. 2003–6, 2003–1 C.B.
286 (certain arrangements involving the
transfer of employee stock ownership
plans(ESOPs)thatholdstockinanS
corporation for the purpose of claiming
eligibility for the delayed effective date
of § 409(p) (identified as “listed transac-
tions” on December 17, 2002));
(19) Notice 2003–22, 2003–1 C.B. 851
(certain arrangements involving leasing
companies that have been used to avoid
or evade federal income and employment
taxes (identified as “listed transactions”
on April 4, 2003));
(20) Notice 2003–24, 2003–1 C.B. 853
(certain arrangements that purportedly
qualify as collectively-bargained welfare
benefit funds excepted from the account
limits of §§ 419 and 419A (identified as
“listed transactions” on April 11, 2003));
(21) Notice 2003–47, 2003–2 C.B.
132 (transactions involving compensatory
stock options and related persons to avoid
or evade federal income and employment
taxes (identified as “listed transactions”
on July 1, 2003));
(22) Notice 2003–55, 2003–2 C.B.
395 (transactions in which one participant
claims to realize rental or other income
from property or service contracts and
another participant claims the deductions
2009–31 I.R.B.171August 3, 2009

related to that income (often referred to
as “lease strips”)), modifying and super-
seding Notice 95–53, 1995–2 C.B. 334
(identified as “listed transactions” on Feb-
ruary 28, 2000);
(23) Notice 2003–77, 2003–2 C.B.
1182 (certain transactions that use con-
tested liability trusts improperly to accel-
erate deductions for contested liabilities
under § 461(f) (identified as “listed trans-
actions” on November 19, 2003)).See
also§ 1.461–2. See Rev. Proc. 2004–31,
2004–1 C.B. 986, for procedures which
taxpayers must use to change their meth-
ods of accounting for deducting under
§ 461(f) amounts transferred to trusts in
transactions described in Notice 2003–77;
(24) Notice 2003–81, 2003–2 C.B.
1223 (certain transactions in which a tax-
payer claims a loss upon the assignment
of a purported § 1256 contract to a charity
but fails to report the recognition of gain
when the taxpayer’s obligation under an
offsetting non-section 1256 contract ter-
minates (identified as “listed transactions”
on December 4, 2003)). Notice 2007–71,
2007–2 C.B. 472, modified and supple-
mented Notice 2003–81;
(25) Notice 2004–8, 2004–1 C.B. 333
(certain transactions designed to avoid the
limitations on contributions to Roth IRAs
described in § 408A (identified as “listed
transactions” on December 31, 2003));
(26) Rev. Rul. 2004–4, 2004–1 C.B.
414 (transactions that involve segregating
the business profits of an ESOP-owned
S corporation in a qualified subchapter S
subsidiary, so that rank-and-file employ-
ees do not benefit from participation in the
ESOP (identified as “listed transactions”
on January 23, 2004));
(27) Situation 2 of Rev. Rul. 2004–20,
2004–1 C.B. 546, modifying and super-
seding Rev. Rul. 55–748, 1955–2 C.B.
234 (certain arrangements in which an
employer deducts contributions to a qual-
ified pension plan used to pay premiums
on life insurance contracts that provide
for death benefits in excess of the par-
ticipant’s death benefit, where under the
terms of the plan, the balance of the death
benefit proceeds revert to the plan as a
return on investment) (identified as “listed
transactions” on February 13, 2004)).
See also Rev. Rul. 2004–21, 2004–1
C.B. 544, §§ 1.79–1(d)(3), 1.83–3(e) and
1.402(a)–1(a)(1) and (2), and Rev. Proc.
2005–25, 2005–1 C.B. 962, modifying
and superseding Rev. Proc. 2004–16,
2004–1 C.B. 559;
(28) Notice 2004–20, 2004–1 C.B. 608
(transactions in which, pursuant to a prear-
ranged plan, a domestic corporation pur-
portstoacquirestockinaforeigntarget
corporation and to make an election under
§ 338 before selling all or substantially all
of the target corporation’s assets in a pre-
planned transaction that generates a tax-
able gain for foreign tax purposes (but not
for U.S. tax purposes) (identified as “listed
transactions” on February 17, 2004));
(29) Notice 2004–30, 2004–1 C.B. 828
(transactions in which S corporation share-
holders attempt to transfer the incidence of
taxation on S corporation income by pur-
portedly donating S corporation nonvoting
stocktoanexemptorganizationwhilere-
taining the economic benefits associated
with that stock (identified as “listed trans-
actions” on April 1, 2004));
(30) Notice 2004–31, 2004–1 C.B. 830
(transactions in which corporations claim
inappropriate deductions for payments
made through a partnership (identified as
“listed transactions” on April 1, 2004));
(31) Notice 2005–13, 2005–1 C.B. 630
(transactions in which a taxpayer enters
into a purported sale-lease-back arrange-
ment with a tax-indifferent person in which
substantially all of the tax-indifferent per-
son’s payment obligations are economi-
cally defeased and the taxpayer’s risk of
loss from a decline, and opportunity for
profit from an increase, in the value of the
leased property are limited (often referred
to as “sale-in/lease out” or “SILO” trans-
actions) (identified as “listed transactions”
on February 11, 2005));
(32) Notice 2007–57, 2007–2 C.B. 87
(transactions in which a U.S. taxpayer uses
offsetting positions with respect to foreign
currency or other property for the purpose
of importing a loss, but not the correspond-
ing gain, in determining U.S. taxable in-
come (identified as “listed transactions” on
June 20, 2007));
(33) Notice 2007–83, 2007–2 C.B. 960
(certain arrangements involving a trust or
other fund described in § 419(e)(3) that
is purportedly a welfare benefit fund and
pays premiums on one or more life insur-
ance policies with respect to which value
is accumulated, where the employer has
deducted contributions in excess of spec-
ified amounts (identified as “listed trans-
actions” on October 17, 2007));
(34) Notice 2008–34, 2008–12 I.R.B.
645 (transactions in which a tax indifferent
party contributes one or more distressed
assets with a high basis and low fair mar-
ket value to a trust or series of trusts and
sub-trusts, and a U.S. taxpayer acquires
an interest in the trust (and/or series of
trusts and/or sub-trusts) for the purpose of
shifting a built-in loss from the tax indif-
ferent party to the U.S. taxpayer that has
not incurred the economic loss (identified
as “listed transactions” on February 27,
2008)).
SECTION 3. TRANSACTIONS NO
LONGER CONSIDERED TO BE
LISTED TRANSACTIONS
Transactions that are the same as, or
substantially similar to, one of the types
of transactions described in the list below
will no longer be considered listed trans-
actions for purposes of § 1.6011–4(b)(2)
and §§ 6111 and 6112. No inference is in-
tended, however, as to whether such trans-
actions are otherwise subject to the disclo-
sure requirements of § 6011, the disclosure
requirements of § 6111, or the list mainte-
nance requirements of § 6112.
(1) Transactions described in Part II
of Notice 98–5, 1998–1 C.B. 334 (trans-
actions in which the reasonably expected
economic profit is insubstantial in compar-
ison to the value of the expected foreign
tax credits (identified as “listed transac-
tions” on February 28, 2000)). Notice
2004–19, 2004–1 C.B. 606, withdrew
Notice 98–5. Effective for taxable years
for which the due date of the return (in-
cluding extensions, whether or not ac-
tually requested) is after February 17,
2004, transactions will not be consid-
ered listed transactions for purposes of
§ 1.6011–4(b)(2) and § 6112 solely be-
cause they are the same as or substantially
similar to the transactions or arrangements
described in Part II of Notice 98–5. In
addition, for offers made after February
17, 2004, transactions will not be consid-
ered listed transactions for purposes of
§ 6111 solely because they are the same as
or substantially similar to the transactions
or arrangements described in Part II of
Notice 98–5.
(2) Transactions described in Notice
2002–70, 2002–2 C.B. 765 (transactions
involving reinsurance arrangements be-
tween a taxpayer and the taxpayer’s own
August 3, 20091722009–31 I.R.B.

reinsurance company that is subject to
little or no federal income tax (identified
as “listed transactions” on October 15,
2002)). Notice 2004–65, 2004–2 C.B.
599, modified Notice 2002–70 by remov-
ing the identification of transactions that
are the same as, or substantially similar to,
transactions described in Notice 2002–70
as listed transactions effective for taxable
years for which the due date of the return
(including extensions, whether or not ac-
tually requested) is after September 24,
2004.
SECTION 4. EFFECT ON OTHER
NOTICES
Notice 2004–67 is supplemented
and superseded.For updates to
this list go to the IRS web page at
www.irs.gov/businesses/corporations
and click on “Abusive Tax Shelters
and Transactions.” Notices and other
published guidance will still be used
to identify transactions that have been
determined by the Service to be “listed
transactions.”
DRAFTING INFORMATION
The principal authors of this notice
are Eric P. Ingala and Michael H. Beker
of the Office of Associate Chief Counsel
(Passthroughs & Special Industries). For
further information regarding this notice,
contact the authors at (202) 622–3070 (not
a toll-free call).
2009–31 I.R.B.173August 3, 2009

Part IV. Items o
fGeneralInterest
Notice of Prop
osed
Rulemaking an
dNoticeof
Public Hearin
g
Election of Re
duced Research
Credit Under
Section
280C(c)(3)
REG–130200
–08
AGENCY: Inte
rnal Revenue Service
(IRS), Trea
sury.
ACTION: Not
ice of proposed rulemaking
and notice o
f public hearing.
SUMMARY: Th
is document contains
proposed re
gulations that amend the reg-
ulations co
ncerning taxpayers who make
the electi
on to claim the reduced research
credit. Th
e proposed regulations sim-
plify how t
axpayers make the election and
affect tax
payers that claim the research
credit. T
his document also provides a no-
tice of a p
ublic hearing on these proposed
regulati
ons.
DATES: Wr
itten or electronic comments
must be re
ceived by October 14, 2009.
Outlines
of topics to be discussed at the
public h
earing scheduled for November 4,
2009 at 1
0 a.m. must be received by Octo-
ber 16, 2
009.
ADDRESS
ES: Send submissions to:
CC:PA:L
PD:PR (REG–130200–08), room
5205, In
ternal Revenue Service, PO Box
7604, B
en Franklin Station, Washing-
ton, DC
20044. Submissions may be
hand de
livered Monday through Friday
betwee
n the hours of 8 a.m. and 4 p.m.
to: CC:
PA:LPD:PR (REG–130200–08),
Couri
er’s Desk, Internal Revenue Ser-
vice,
1111 Constitution Avenue, NW,
Washi
ngton, DC, or sent electroni-
cally
via the Federal eRulemaking Por-
tal at
http://www.regulations.gov(IRS
REG–
130200–08). The public hearing
will
be held in Auditorium, Internal
Reve
nue Building, 1111 Constitution
Aven
ue, NW, Washington, DC.
FOR F
URTHER INFORMATION
CONT
ACT: Concerning the pro-
pose
d regulations, David Selig, (202)
622
–3040; concerning submission of
comments, the
hearing, and/or to be
placed on the b
uilding access list to
attend the hea
ring, Richard A. Hurst,
Richard.A.Hu
rst@irscounsel.treas.gov,
(202) 622–718
0 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background and Explanation of
Provisions
This documen
t contains proposed
amendments t
o the Income Tax Regu-
lations (26 C
FR Part 1) relating to the
election for
claiming the reduced research
credit unde
r section 280C(c)(3). Section
280C(c)(1)
provides, in general, that no
deduction s
hall be allowed for that portion
of the quali
fied research expenses (as de-
finedinsec
tion 41(b)) or basic research
expenses (
as defined in section 41(e)(2))
otherwise
allowable as a deduction for the
taxable ye
ar which is equal to the amount
of the cred
it determined for such taxable
year under
section 41(a).
Similarly
, section 280C(c)(2) provides
that if the
amount of the credit deter-
mined for
the taxable year under section
41(a)(1)
exceeds the amount allowable as
adeducti
on for such taxable year for qual-
ified res
earch expenses or basic research
expense
s (determined without regard to
section
280C(c)(1)), the amount charge-
able to c
apital account for the taxable year
for such
expenses shall be reduced by the
amount o
f such excess.
Section
280C(c)(3)(A) provides, in
general
, that in the case of any taxable
year fo
r which an election is made under
sectio
n 280C(c)(3), sections 280C(c)(1)
and (c)
(2) shall not apply, and the
amount
of the credit under section 41(a)
shall b
e the amount determined under
secti
on 280C(c)(3)(B). Under section
280C(
c)(3)(B), the amount of credit for
any ta
xable year shall be the amount equal
to the
excess of the amount of credit deter-
mined
under section 41(a) without regard
to se
ction 280C(c)(3), over the product
of th
e amount of credit determined under
sect
ion 280C(c)(3)(B)(i), and the maxi-
mum r
ate of tax under section 11(b)(1).
Sect
ion 280C(c)(3)(C) provides that an
elec
tion under section 280C(c)(3) for any
taxa
ble year shall be made not later than
the t
ime for filing the return of tax for
such year (inc
luding extensions), shall be
made on such re
turn, and shall be made
in such manner
as the Secretary may pre-
scribe. Such a
n election, once made, shall
be irrevocabl
e.
Section 280C(
c)(4) provides that sec-
tion 280C(b)(
3) shall apply for pur-
poses of sect
ion 280C(c). Under section
280C(b)(3),
in the case of a corporation
which is a mem
ber of a controlled group of
corporation
s (within the meaning of sec-
tion 41(f)(
5)) or a trade or business which
is treated a
s being under common control
with other t
rades or businesses (within
the meaning
of section 41(f)(1)(B)), sec-
tion 280C(
b) shall be applied under rules
prescribe
d by the Secretary similar to the
rules appl
icable under section 41(f)(1)(A)
and (B).
Currently
, §1.280C–4(a) provides that
the sectio
n 280C(c)(3) election to have the
provisio
ns of section 280C(c)(1) and (c)(2)
not apply
shall be made by claiming the
reduced c
redit under section 41(a) deter-
minedbyt
he method provided in section
280C(c)(
3)(B)onanoriginalreturnforthe
taxable
year, filed at any time on or before
the due d
ate (including extensions) for fil-
ing the i
ncome tax return for such year. An
electio
n, once made, for any taxable year,
is irrev
ocable for that taxable year.
The prop
osed regulations simplify the
sectio
n 280C(c)(3) election to have the
provis
ions of section 280C(c)(1) and (c)(2)
not app
ly by requiring the election to be
made on
Form 6765, “Credit for Increas-
ing Res
earch Activities”. The form must
be file
d with an original return for the tax-
able y
ear filed on or before the due date
(incl
uding extensions) for filing the in-
come t
ax return for such year. An election,
once m
ade for any taxable year, is irrevo-
cable
for that taxable year.
The IR
S and the Treasury Department
have r
eceived comments on whether all
memb
ers of a controlled group (as de-
fine
d in §1.41–6(a)(3)(ii)) are bound by
an el
ection under section 280C(c)(3), or
whet
her each member of a controlled
grou
p can make a separate election un-
der
section 280C(c)(3). If a taxpayer
is a
member of a controlled group, sec-
tio
n 280C(c)(4) requires that the election
for
the reduced research credit must be
det
ermined under rules similar to rules
August 3, 20091742009–31 I.R.B.

applicable to a controlled group. Section
1.41–6(a)(1) provides that to determine
the amount of research credit (if any) al-
lowable to a trade or business that at the
end of its taxable year is a member of
a controlled group, a taxpayer must: (i)
compute the group credit in the manner
described in §1.41–6(b), and (ii) allocate
the group credit among the members of
the group in the manner described under
§1.41–6(c). All members of the controlled
group are required to use the same compu-
tation method, that is, the section 41(a)(1)
method, the section 41(c)(4) alternative
incremental research credit (alternative
incremental credit) method, or the section
41(c)(5) alternative simplified research
credit method, in computing the group
credit for the credit year. Under section
41(h)(2),asamendedbysection301(b)of
the Tax Extenders and Alternative Mini-
mum Tax Relief Act of 2008 (Div. C of
Public Law 110–343, 122 Stat. 3765), a
taxpayer cannot elect the alternative in-
cremental research credit under section
41(c)(4) for taxable years beginning after
December 31, 2008.
The reduced research credit under sec-
tion 280C(c)(3) is not a computational
rule under section 41 used for computing
the group credit for a credit year under
§§1.41–6(b)(1) and 1.41–6T(b)(1). There
is no change to the overall tax effect of
the research credit if each member of a
controlled group, after computing and
allocating its share of the group credit
under §§1.41–6(b)(1) and 1.41–6(c) and
1.41–6T(b)(1) and 1.41–6(c)(2), deter-
mines whether it wants to claim the
reduced research credit under section
280C(c)(3)(B). Accordingly, the proposed
regulations provide that each member of
a controlled group may make the elec-
tion under section 280C(c)(3) after the
group credit is computed and allocated
under §§1.41–6(b)(1) and 1.41–6(c) and
1.41–6T(b)(1) and 1.41–6T(c)(2).
Proposed Effective Date
The regulations are proposed to apply to
taxable years ending on or after the date of
publication of the Treasury decision adopt-
ing these rules as final regulation in the
Federal Register.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a significant
regulatory action as defined in Executive
Order 12866. Therefore, a regulatory as-
sessment is not required. It also has been
determined that section 553(b) of the Ad-
ministrative Procedure Act (5 U.S.C. chap-
ter 5) does not apply to these regulations.
When an agency issues a rulemaking
proposal, the Regulatory Flexibility Act
(5 U.S.C. chapter 6), requires the agency
to “prepare and make available for pub-
lic comment an initial regulatory flexibil-
ity analysis” that will “describe the im-
pact of the proposed rule on small enti-
ties.” (5 U.S.C. 603(a)). Section 605 of
the Regulatory Flexibility Act provides an
exception to this requirement if the agency
certifies that the proposed rulemaking will
not have a significant economic impact on
a substantial number of small entities.
The proposed rule affects individuals
and small businesses engaged in research
activities under section 41. The IRS has
determined that this proposed rule will
have an impact on a substantial number
of small entities. However, the IRS also
has determined that the impact on entities
affected by the proposed rule will not be
significant. This determination is based on
the fact that the regulations would simplify
the procedure for making the election for
the reduced research credit under section
280C(c)(3)(C). Instead of requiring such
an election to be made “on an original
return,” the regulations specify that the
election is made on Form 6765, “Credit
for Increasing Research Activities,” which
is attached to the return. This form re-
quires only a minimal amount of time to
complete and places no greater burden on
the taxpayer than the current procedure.
Accordingly, a Regulatory Flexibility
Analysis is not required.
Pursuant to section 7805(f) of the Code,
these regulations have been submitted to
the Chief Counsel for Advocacy of the
Small Business Administration for com-
ment on their impact on small business.
Comments and Public Hearing
Before these proposed regulations are
adopted as final regulations, consideration
will be given to any written comments
(a signed original and eight (8) copies)
or electronic comments that are submitted
timelytotheIRS.TheIRSandtheTrea-
sury Department request comments on the
clarity of the proposed rules and how they
can be made easier to understand. All
comments will be available for public in-
spection and copying.
A public hearing has been scheduled for
November 4, 2009, at 10 a.m. in Audi-
torium of the Internal Revenue Building,
1111 Constitution Avenue, NW, Washing-
ton, DC. Due to building security proce-
dures, visitors must enter at the Consti-
tution Avenue entrance. In addition, all
visitors must present photo identification
to enter the building. Because of access
restrictions, visitors will not be admitted
beyond the immediateentrance area more
than 30 minutes before the hearing starts.
For information about having your name
placed on the building access list to attend
the hearing, see the “FOR FURTHER IN-
FORMATION CONTACT” section of this
preamble.
The rules of 26 CFR 601.601(a)(3) ap-
ply to the hearing. Persons who wish to
present oral comments at the hearing must
submit electronic or written comments and
an outline of the topics to be discussed
and the time to be devoted to each topic
(a signed original and eight (8) copies) by
October 16, 2009. A period of 10 minutes
will be allotted to each person for making
comments. An agenda showing the sched-
uling of the speakers will be prepared af-
ter the deadline for receiving outlines has
passed. Copies of the agenda will be avail-
able free of charge at the hearing.
Drafting Information
The principal author of these regula-
tions is David Selig, Office of Associate
Chief Counsel (Passthroughs and Special
Industries). However, other personnel
from the IRS and the Treasury Department
participated in their development.
*****
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 1 is proposed
to be amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation for
part 1 continues to read in part as follows:
2009–31 I.R.B.175August 3, 2009

Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.280C–4 is revised to
read as follows:
§1.280C–4 Credit for increasing research
activities.
(a)In general. An election under sec-
tion 280C(c)(3) to have the provisions of
section 280C(c)(1) and (c)(2) not apply
and elect the reduced research credit un-
der section 280C(c)(3)(B) shall be made
on Form 6765, “Credit for Increasing
Research Activities,” (or any successor
form). In order for the election to be effec-
tive, the Form 6765 must clearly indicate
the taxpayer’s intent to make the section
280C(c)(3) election, and must be filed
with an original return for the taxable year
filed on or before the due date (including
extensions) for filing the income tax return
for such year, regardless of whether any
research credits are claimed on the origi-
nal return. An election, once made for any
taxable year, is irrevocable for that taxable
year.
(b)Controlled groups of corporations;
trades or businesses under common con-
trol. A member of a controlled group
of corporations (within the meaning of
section 41(f)(5)), or a trade or business
which is treated as being under com-
mon control with other trades or busi-
nesses (within the meaning of section
41(f)(1)(B)), may make the election under
section 280C(c)(3). Such member or trade
or business shall make the election on
Form 6765 and by the time prescribed in
paragraph (a) of this section.
(c)Effective/applicability date.This
section applies to taxable years ending on
or after the date of publication of the Trea-
sury Decision adopting these rules as final
regulations in theFederal Register.
LindaE.Stiff,
Deputy Commissioner for
Services and Enforcement.
(Filed by the Office of the Federal Register on July 15, 2009,
8:45 a.
̇
m., and published in the issue of the Federal Register
for July 16, 2009, 74 F.R. 34523)
August 3, 20091762009–31 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.
2009–31 I.R.B.iAugust 3, 2009

Numerical Finding List
1
Bulletins 2009–27 through 2009–31
Announcements:
2009-56, 2009-28 I.R.B.145
2009-57, 2009-29 I.R.B.158
2009-58, 2009-29 I.R.B.158
2009-59, 2009-29 I.R.B.158
2009-60, 2009-30 I.R.B.166
Notices:
2009-51, 2009-28 I.R.B.128
2009-55, 2009-31 I.R.B.170
2009-57, 2009-29 I.R.B.147
2009-58, 2009-30 I.R.B.163
2009-59, 2009-31 I.R.B.170
Proposed Regulations:
REG-112994-06, 2009-28 I.R.B.144
REG-130200-08, 2009-31 I.R.B.174
Revenue Procedures:
2009-30, 2009-27 I.R.B.27
2009-31, 2009-27 I.R.B.107
2009-32, 2009-28 I.R.B.142
2009-33, 2009-29 I.R.B.150
Revenue Rulings:
2009-18, 2009-27 I.R.B.1
2009-19, 2009-28 I.R.B.111
2009-20, 2009-28 I.R.B.112
2009-21, 2009-30 I.R.B.162
2009-22, 2009-31 I.R.B.167
Treasury Decisions:
9452, 2009-27 I.R.B.1
9453, 2009-28 I.R.B.114
1
A cumulative list of all revenue rulings, revenueprocedures, Treasury decisions, etc., publishedin Internal Revenue Bulletins 2009–1 through 2009–26 is in Internal Revenue Bulletin
2009–26, dated June 29, 2009.
August 3, 2009ii2009–31 I.R.B.

Finding List of Current Actions on
Previously Published Items
1
Bulletins 2009–27 through 2009–31
Notices:
2004-67
Supplemented and superseded by
Notice 2009-59, 2009-31 I.R.B.170
2006-70
Obsoleted by
T.D. 9453, 2009-28 I.R.B.114
2006-109
Superseded in part by
Rev. Proc. 2009-32, 2009-28 I.R.B.142
Revenue Procedures:
97-49
Modified and superseded by
Rev. Proc. 2009-31, 2009-27 I.R.B.107
2008-38
Superseded by
Rev. Proc. 2009-30, 2009-27 I.R.B.27
2008-65
Modified by
Rev. Proc. 2009-33, 2009-29 I.R.B.150
2009-16
Modified by
Rev. Proc. 2009-33, 2009-29 I.R.B.150
1
A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2009–1 through 2009–26 is in Internal Revenue Bulletin 2009–26, dated June 29, 2009.
2009–31 I.R.B.iiiAugust 3, 2009

August 3, 20092009–31 I.R.B.

2009–31 I.R.B.August 3, 2009

August 3, 20092009–31 I.R.B.

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