us-irs-revenue-rulings-irb-2004-8-pdf•Internal Revenue Bulletin 2004-8 (PDF rendition): IRS Revenue Rulings
Internal Revenue Bulletin 2004-8 (PDF rendition): IRS Revenue Rulings
us-irs-revenue-rulings-irb-2004-8-pdfInternal Revenue Bulletin 2004-8 (PDF rendition): IRS Revenue RulingsGuidance
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Bulletin No. 200 4-8 February 23, 200 4 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. 2004–14, page 511. Insurance companies; interest rate tables.Prevailing state assumed interest rates are provided for the determina- tion of reserves under section 807 of the Code for contracts issued in 2003 and 2004. Rev. Rul. 92–19 supplemented in part. Rev. Rul. 2 004–15, page 515. Short sale ;broker;transfer.This ruling provides guidance on whether the delivery of shares made to a broker in transfer- ring a sho rt sale position from one broker to another broker will (1) cause a short sale to be deemed consummated under regu- lations s ection 1.1233–1(a), and (2) cause a short-against-the- box trans actiontoceasetobecoveredbythetransitionrule of sectio n 1259 of the Code. Rev. Rul. 2004–16, page 503. Low-income housing credit; satisfactory bond; “bond factor” amounts for the period January through March 2004.This ruling announces the monthly bond factor amounts to be used by taxpayers who dispose of qualified low-income buildings or interests therein during the period January through March 2004. Rev. Rul. 2004–17, page 516. Treatment of environmental remediation expenses un- der section 1341.This ruling holds that amounts paid or incurred in the current taxable year to remediate environmen- tal contamination that occurred in prior taxable years do not qualify for treatment under section 1341 of the Code. Rev. Rul. 2004–18, page 509. Treatment of environmental remediation expenses un- der section 263A.This ruling holds that amounts incurred to clean up land that a taxpayer contaminated with hazardous waste by the operation of a manufacturing plant must be in- cluded in inventory costs under section 263A of the Code. Rev. Ruls. 94–38 and 98–25 clarified. Rev. Proc. 2002–9 modi- fied and amplified. Rev. Rul. 2004–19, page 510. LIFO; price indexes; department stores.The December 2003 Bureau of Labor Statistics price indexes are accepted for use by department stores employing the retail inventory and last-in, first-out inventory methods for valuing inventories for tax years ended on, or with reference to, December 31, 2003. T.D. 9110, page 504. Final regulations under section 42 of the Code amend current regulations that affect the order in which credits are allocated from the state housing credit ceiling under section 42(h)(3)(C) and the time for meeting the 10-percent basis requirement un- der sections 42(h)(1)(E) and (F). These regulations also amend current regulations under section 42 to facilitate the electronic filing of income tax returns. (Continued on the next page) Finding Lists begin on page ii. Index for January through February begins on page iv. ADMINISTRATIVE T.D. 9109, page 519. Final regulations under sections 6662 and 6664 of the Code limit the defenses available to the imposition of the accuracy-re- lated penalty when taxpayers fail to disclose reportable trans- actions or fail to disclose they have taken a position based upon a regulation being invalid. The regulations also clarify the exist- ing regulations with respect to the facts and circumstances that the IRS will consider in determining whether a taxpayer acted with reasonable cause and in good faith in relying on an opin- ion or advice. The regulations provide that failure to disclose a reportable transaction strongly indicates that the taxpayer did not act in good faith. T.D. 9111, p age 518. Final regula tions under section 6103 of the Code relate to the definition of agent for certain purposes. The regulations clar- ify that the term agent in certain provisions of section 6103 includes co ntractors. February 23, 20042004-8 I.R.B. The IRS Mission Provide America’s taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bul- letin contents are consolidated semiannually into Cumulative Bulletins, which are sold on a single-copy basis. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, mod- ify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indi- cated. Procedures relating solely to matters of internal man- agement are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—19 86 Code. This part i ncludes rulings and decisions based on provisions of the Intern al Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Leg- islation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Sec- retary (Enforcement). Part IV .—Items of General Interest. This par t includes notices of proposed rulemakings, disbar- ment an d suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period.* The c ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402. * Beginning with Internal Revenue Bulletin 2003–43, we are publishing the index at the end of the month, rather than at the beginning. 2004-8 I.R.B.February 23, 2004 Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 42. —Low-Income Housing Cre dit Low-income housing credit; satis- factory bon d; “bond factor” amounts for the peri od January through March 2004.This ruling announces the monthly bond facto r amounts to be used by taxpay- ers who dis pose of qualified low-income buildings or interests therein during the period Jan uary through March 2004. Rev. Rul. 2004–16 In Rev. Ru l. 90–60, 1990–2 C.B. 3, the Int ernal Revenue Service provided guidance to taxpayers concerning the gen- eral method ology used by the Treasury Department in computing the bond factor amounts use d in calculating the amount of bond consi dered satisfactory by the Secre- tary under § 42(j)(6) of the Internal Rev- enue Code. It further announced that the Secretary would publish in the Internal Revenue B ulletin a table of bond factor amounts f or dispositions occurring during each cale ndar month. Rev. Proc . 99–11, 1999–1 C.B. 275, establis hed a collateral program as an al- ternativ e to providing a surety bond for taxpayer s to avoid or defer recapture of the low-inc ome housing tax credits under § 42(j)(6). Under this program, taxpayers may establi sh a Treasury Direct Account and pledge c ertain United States Treasury securitie s to the Internal Revenue Service as securit y. This reven ue ruling provides in Table 1 the bond f actor amounts for calculating the amount of bond considered satisfactory under § 42( j)(6) or the amount of United States Tr easury securities to pledge in a Treasury Direct Account under Rev. Proc. 99–11 for dispositions of qualified low-in- come buil dings or interests therein during the perio d January through March 2004. Table 1 Rev. Rul. 2004–16 Monthly Bond Factor Amounts for Dispositions Expressed As a Percentage of Total Credits Calendar Year Building Placed in Service or, if Section 42(f)(1) Election Was Made, the Succeeding Calendar Year Month of Disposition19901991199219931994199519961997199819992000 Jan ’0414.7127.3138.1547.4055.2754.5254.0053.5753.2753.0152.84 Feb ’0414.7127.3138.1547.4055.2754.4053.8953.4553.1652.9152.74 Mar ’0414.7127.3138.1547.4055.2754.2853.7753.3453.0552.8152.65 Table 1 (cont’d) Rev. Rul. 2004–16 Monthly Bond Factor Amounts for Dispositions Expressed As a Percentage of Total Credits Calendar Year Building Placed in Service or, if Section 42(f)(1) Election Was Made, the Succeeding Calendar Year Month of Disposition2001200220032004 Jan ’0452.9953.4054.0254.15 Feb ’0452.9053.3053.9254.15 Mar ’0452.8153.2253.8354.15 For a list of bond factor amounts ap- plicable to dispositions occurring during other calendar years, see: Rev. Rul. 98–3, 1998–1 C.B. 248; Rev. Rul. 2001–2, 2001–1 C.B. 255; Rev. Rul. 2001–53, 2001–2 C.B. 488; Rev. Rul. 2002–72, 2002–2 C.B. 759; and Rev. Rul. 2003–117, 2003–46 I.R.B. 1051. DRAFTING INFORMATION The principal author of this revenue rul- ing is Gregory N. Doran of the Office of Associate Chief Counsel (Passthroughs 2004-8 I.R.B.503February 23, 2004 and Special Industries). For further infor- mation regarding this revenue ruling, con- tact Mr. Doran at (202) 622–3040 (not a toll-free call). 26 CFR 1.42–6: Buildings qualifying for carryover allocations. T.D. 9110 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 Section 42 Carryover and Stacking Rule Amendments AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. SUMMARY: This document contains fi- nal regulations that amend several exist- ing regulations concerning the low-income housing tax credit. The regulations pri- marily reflect changes to the law made by the Community Renewal Tax Relief Act of 2000 and affect owners of low-income housing projects who claim the credit and the State or local housing credit agencies who administer the credit. DATES:Effective Date:These regulations are effective January 6, 2004. Applicability Dates:For dates of applicability of these regulations, see §§1.42–12(a)(2) and (3), and 1.42–14(l)(2). FOR FURTHER INFORMATION CONTACT: Lauren R. Taylor (202) 622–3040 or Christopher J. Wilson (808) 539–2874 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background On July 7, 2003, the IRS published a notice of proposed rulemaking in theFed- eral Register(REG–131997–02, 2003–33 I.R.B. 366 [68 FR 40218]) proposing amendments to the Income Tax Regula- tions (26 CFR part 1) under section 42 of the Internal Revenue Code. These amendments provide guidance regarding changes to section 42 made by the Com- munity Renewal Tax Relief Act of 2000 (Public Law 106–554) (2000 Act) and make certain changes to the regulations to help facilitate the electronic filing (E-fil- ing) of income tax returns. One commentator submitted written comments in response to the notice of proposed rulemaking. A public hearing was scheduled for September 23, 2003, pursuant to a notice of public hearing pub- lished simultaneously with the notice of proposed rulemaking. The IRS received one request to speak at the public hearing. This request was withdrawn before the hearing date. On September 15, 2003, the IRS published a notice (68 FR 53926) canceling the public hearing on the pro- posed regulations. After consideration of the comments received, the proposed regulations are adopted as revised by this Treasury decision. The revisions are dis- cussed below. Explanation of Provisions Section 42 provides for a low-income housing tax credit that may be claimed as part of the general business credit under section 38. In general, the credit is al- lowable only if the owner of a qualified low-income building receives a housing credit allocation from a State or local hous- ing credit agency (Agency) of the jurisdic- tion where the building is located. In general, an allocation must be made not later than the close of the calendar year in which the building is placed in service. Under section 42(h)(1)(E), an allocation (carryover allocation) may be made to a “qualified building” that has not yet been placed in service, provided the building is placed in service not later than the close of the second calendar year following the calendar year of the allocation. Section 42(h)(1)(F) provides rules for multi-building projects receiv- ing project-based carryover allocations. Following the changes made by the 2000 Act, section 42(h)(1)(E)(ii) defines a qual- ified building as any building that is part of a project if the taxpayer’s basis in the project (as of the later of the date which is 6 months after the date that the allocation was made or the close of the calendar year in which the allocation is made) is more than 10 percent of the taxpayer’s reason- ably expected basis in the project (as of the close of the second calendar year follow- ing the calendar year of the allocation). The commentator recommended revis- ing §1.42–6(a)(2) of the proposed regu- lations to clarifythat each building in a multi-building project receiving a project- based carryover allocation under section 42(h)(1)(F) need not separately meet the 10 percent basis requirement. The com- mentator states that the proposed regula- tions appear to require that each building in a multi-building project that receives a project-based carryover allocation must meet the 10 percent basis requirement sep- arately. The proposed regulations do not require that each building in a multi-build- ing project satisfy the 10 percent basis requirement separately for project-based carryover allocationsmade under section 42(h)(1)(F). For allocations made under section 42(h)(1)(F), the 10 percent basis requirement is only required to be met on a project basis. The final regulations clarify this issue. Special Analyses It has been determined that this Trea- sury decision is not asignificant regula- tory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulations do not impose a new collec- tion of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chap- ter 6) does not apply. The collection of informationcontainedinthisTreasuryde- cision has been previously reviewed and approved by the Office of Management and Budget in accordance with the Paper- work Reduction Act (44 U.S.C. 3507) un- der control number 1545–1102. Pursuant to section 7805(f) of the Internal Revenue Code, the notice of proposed rulemaking that preceded this Treasury decision was submitted to the Chief Counsel for Advo- cacy of the Small Business Administration for comment on its impact on small busi- ness. Drafting Information The principal authors of these regula- tions are Christopher J. Wilson and Lauren R. Taylor, Office of the Associate Chief February 23, 20045042004-8 I.R.B. Counsel (Passthroughs and Special Indus- tries), IRS. However, other personnel from the IRS and Treasury Department partici- pated in their development. ***** Adoption of A mendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.42–6 is amended by: 1. Revising paragraphs (a), (b)(4)Ex- ample 2, (c)(1), (c)(3), (d)(2)(viii), and (d)(4)(i). 2. Removing the word “September” from paragraph (b)(4)Example 1.and adding the word “May” in its place; re- moving the year “1993” each place it ap- pears and by adding the year “2003” in its place; and removing the year “1995” and adding the year “2005” in its place. 3. Removing the language “by the close of the calendar year of the allocation” from the first and last sentences of paragraph (c)(2) and adding the language “by the close of the calendar year of the allocation (for allocations made before July 1) or by the close of the date that is 6 months after the date the allocation is made (for alloca- tions made after June 30)” in its place. 4. Removing the language “, “Carry- over Allocation of the Low-Income Hous- ing Credit,”” from paragraph (d)(4)(ii). 5. Removing the language “before the close of the calendar year of the allocation” from the first sentence of paragraph (e)(2) and adding the language “by the close of the calendar year of the allocation (for al- locations made before July 1) or by the close of the date that is 6 months after the date the allocation is made (for allocations made after June 30)” in its place. The revisions read as follows: §1.42–6 Buildings qualifying for carryover allocations. (a)Carryover allocations—(1)In gen- eral. A carryover allocation is an alloca- tion that meets the requirements of section 42(h)(1)(E) or (F). If the requirements of section 42(h)(1)(E) or (F) that are required to be satisfied by the close of a calendar year are not satisfied, the allocation is not valid and is treated as if it had not been made for that calendar year. For example, if a carryover allocation fails to satisfy a requirement in §1.42–6(d) for making an allocation, such as failing to be signed or dated by an authorized official of an al- locating agency by the close of a calen- dar year, the allocation is not valid and is treated as if it had not been made for that calendar year. (2)10 percent basis requirement.A carryover allocation may only be made with respect to a qualified building. A qualified building is any building which is part of a project if, by the date specified underparagraph(a)(2)(i)or(ii)ofthis section, a taxpayer’s basis in the project is more than 10 percent of the taxpayer’s reasonably expected basis in the project as of the close of the second calendar year following the calendar year the allocation is made. For purposes of meeting the 10 percent basis requirement, the determi- nation of whether a building is part of a single-building project or multi-building project is based on whether the carry- over allocation is made under section 42(h)(1)(E) (building-based allocation) or section 42(h)(1)(F)(project-based al- location). In the case of a multi-building project that receives an allocation under section 42(h)(1)(F), the 10 percent basis requirement is satisfied by reference to the entire project. (i)AllocationmadebeforeJuly1.Ifa carryover allocation is made before July 1 of a calendar year, a taxpayer must meet the 10 percent basis requirement by the close of that calendar year. If a taxpayer does not meet the 10 percent basis require- ment by the close of the calendar year, the carryover allocation is not valid and is treated as if it had not been made. (ii)Allocation made after June 30.Ifa carryover allocation is made after June 30 of a calendar year, a taxpayer must meet the 10 percent basis requirement by the close of the date that is 6 months after the date the allocation was made. If a tax- payer does not meet the 10 percent basis requirement by the close of the required date, the carryover allocation must be re- turned to the Agency. Unlike a carryover allocation made before July 1, if a taxpayer does not meet the 10 percent basis require- ment by the close of the required date, the carryover allocation is treated as a valid al- location for the calendar year of allocation, but is included in the “returned credit com- ponent” for purposes of determining the State housing credit ceiling under section 42(h)(3)(C) for thecalendar year follow- ing the calendar year of the allocation. See §1.42–14(d)(1). (b) * * * (4) * * * Example 2.(i)Facts. D, an accrual-method tax- payer, received a carryover allocation from Agency, the state housing credit agency of State X, on Septem- ber 12, 2003. As of that date, D has not begun con- struction of the low-income housing building D plans to build and D does not have basis in the land on which D plans to build the building. From Septem- ber 12, 2003, to the close of March 12, 2004, D incurs some costs related to the planned building, including architects’ fees. As of the close of March 12, 2004, these costs do not exceed 10 percent of D’s reason- ably expected basis in the single-building project as of the close of 2005. (ii)Determination of whether building is quali- fied. Because D’s carryover-allocation basis as of the close of March 12, 2004, is not more than 10 percent of D’s reasonably expected basis in the single-build- ing project, the building is not a qualified building for purposes of section 42(h)(1)(E)(ii) and paragraph (a) of this section. Accordingly, the carryover allocation to D must be returned to the Agency. The allocation is valid for purposes of determining the amount of credit allocated by Agency from State X’s 2003 State hous- ing credit ceiling, but is included in the returned credit component of State X’s 2004 housing credit ceiling. (c)Verification of basis by Agency—(1) Verification requirement. AnAgencythat makes a carryover allocation to a taxpayer must verify that the taxpayer has met the 10 percent basis requirement of paragraph (a)(2) of this section. (2) * * * (3)Time of verification—(i)Allocations made before July 1. For a carryover allo- cation made before July 1, an Agency may require that the basis certification be sub- mitted to or received by the Agency prior to the close of the calendar year of allo- cation or within a reasonable time follow- ing the close of the calendar year of al- location. The Agency will need to ver- ify basis as provided in paragraph (c)(2) of this section to accurately complete the Form 8610, “Annual Low-Income Housing Credit Agencies Report,” and the Sched- ule A (Form 8610), “Carryover Alloca- tion of Low-Income Housing Credit,” for the calendar year of the allocation. If the basis certification is not timely made, or supporting documentation is lacking, in- adequate, or does not actually support the certification, the Agency should notify the 2004-8 I.R.B.505February 23, 2004 taxpayer and try to get adequate documen- tation. If the Agency cannot verify before the Form 8610 is filed that the taxpayer has satisfied the 10 percent basis requirement for a carryover allocation made before July 1, the allocation is not valid and is treated as if it had not been made and the carry- over allocation should not be reported on the Schedule A (Form 8610). (ii)Allocations made after June 30.An Agency may require that the basis certifi- cation be submitted to or received by the Agency prior to the close of the date that is 6 months after the date the allocation was made or within a reasonable period of time following the close of the date that is 6 months after the date the allo- cation was made. The Agency will need to verify basis as provided in paragraph (c)(2) of this section. If the basis certifi- cation is not timely made, or supporting documentation is lacking, inadequate, or does not actually support the certification, the Agency should notify the taxpayer and try to get adequate documentation. If the Agency cannot verify that the taxpayer has satisfied the 10 percent basis requirement for a carryover allocation made after June 30, the allocation must be returned to the Agency. The carryover allocation is a valid allocation for the calendar year of the allo- cation, but is included in the returned credit component of the State housing credit ceil- ing for the calendar year following the cal- endar year of the allocation. (d) * * * (2) * * * (viii) For carryover allocations made before July 1, the taxpayer’s basis in the project (land and depreciable basis) as of the close of the calendar year of the allo- cation and the percentage that basis bears to the reasonably expected basis in the project (land and depreciable basis) as of the close of the second calendar year fol- lowing the calendar year of allocation; ***** (4)Recordkeeping requirements—(i) Taxpayer. When an allocation is made pursuant to section 42(h)(1)(E) or (F), the taxpayer must retain a copy of the allocation document. The Form 8609 that reflects the allocation must be filed for the first taxable year that the credit is claimed and for each taxable year there- after throughout the compliance period, whetherornotacreditisclaimedforthe taxable year. ***** Par. 3. Section 1.42–8 is amended by: 1. Revising the second sentence of paragraph (a)(6)(i), paragraph (a)(6)(ii), the sixth sentence of paragraph (a)(7)Ex- ample 1. (ii), paragraphs (a)(7)Example 1. (iv), (a)(7)Example 2(iv) and (b)(4)(ii). 2. Removing the year “1993” each place it appears in paragraph (a)(7),Ex- ample 1andExample 2andaddingthe year “2003” in its place; removing the year “1994” each place it appears in paragraph (a)(7) and adding the year “2004” in its place. 3. Removing the second sentence of paragraph (a)(7)Example 1. (iii), the third sentence of paragraph (a)(7)Example 2 (iii) and the third sentence of paragraph (b)(4)(i). The revisions read as follows: §1.42–8 Election of appropriate percentage month. (a) * * * (6)Procedures—(i)Taxpayer.*** The taxpayer must retain a copy of the binding agreement and the election state- ment. (ii)Agency. The Agency must retain the original of the binding agreement and election statement and, to the extent re- quired by Schedule A (Form 8610), “Car- ryover Allocation of Low-Income Housing Credit,” account for the binding agreement and election statement on that schedule. (7) * * * Example 1.*** (ii)***Becauseallocationsweremadeforthe building in two separate calendar years, Agency must issue two Forms 8609, “Low-Income Housing Credit Allocation Certification,” to X. * * * ***** (iv) Agency retains the original of the binding agreement, election statement, and 2003 carryover al- location document. Agency accounts for the bind- ing agreement, election statement, and 2003 carry- over allocation on the Schedule A (Form 8610) that it files for the 2003 calendar year. After the building is placed in service in 2004, and assuming other nec- essary requirements for issuing a Form 8609 are met (for example, taxpayer has certified all sources and uses of funds and development costs for the building under §1.42–17), Agency issues to X a copy of the Form 8609 reflecting the 2003 carryover allocation of $100,000. Agency files the original of this Form 8609 with the Form 8610, “Annual Low-Income Housing Credit Agencies Report,” that it files for the 2004 cal- endar year. Agency also issues to X a copy of the Form 8609 reflecting the 2004 allocation of $50,000 and files the original of this Form 8609 with the Form 8610 that it files for the 2004 calendar year. Agency retains copies of the Forms 8609 that are issued to X. Example 2.*** ***** (iv) Agency retains the original of the binding agreements, election statements, and carryover allo- cation documents. Agency accounts for the binding agreement, election statement, and 2003 carryover al- location on the Schedule A (Form 8610) that it files for the 2003 calendar year. Agency also accounts for the binding agreement, election statement, and 2004 carryover allocation on the Schedule A (Form 8610) that it files for the 2004 calendar year. After each separate new building is placed in service, and assuming other necessary requirements for issuing a Form 8609 are met (for example, taxpayer has certi- fied all sources and uses of funds and development costs for the building under §1.42–17), the Agency will issue to X a copy of the Form 8609 reflecting the 2003 carryover allocation of $70,000 and a copy of the Form 8609 reflecting the 2004 carryover al- location of $50,000, respectively. Agency files the original of each Form 8609 with the Form 8610 that reflects the calendar year each Form 8609 is issued. Agency retains copies of the Forms 8609 that are is- sued to X. (b) * * * (4) * * * (ii)Agency. The Agency must retain the original of the election statement and a copy of the Form 8609 that reflects the election statement. The Agency must file an additional copy of the Form 8609 with the Agency’s Form 8610 that reflects the calendar year the Form 8609 is issued. Par. 4. Section 1.42–12 is amended by revising paragraph (a) to read as follows: §1.42–12 Effective dates and transitional rules. (a)Effective dates—(1)In general. Except as provided in paragraphs (a)(2) and (a)(3) of this section, the rules set forth in §§1.42–6 and 1.42–8 through 1.42–12 are applicable on May 2, 1994. However, binding agreements, election statements, and carryover allocation documents entered into before May 2, 1994, that follow the guidance set forth in Notice 89–1, 1989–1 C.B. 620 (see §601.601(d)(2)(ii)(b) of this chapter) need not be changed to conform to the rules set forth in §§1.42–6 and 1.42–8 through 1.42–12. (2)Community Renewal Tax Relief Act of 2000—(i)In general. Section 1.42–6(a), (b)(4)(iii)Example 1andEx- ample 2, (c), (d)(2)(viii), and (e)(2) are ap- plicable for housing credit dollar amounts February 23, 20045062004-8 I.R.B. allocated after January 6, 2004. However, the rules in §1.42–6(a), (b)(4)(iii)Exam- ple 1andExample 2, (c), (d)(2)(viii), and (e)(2) may be applied by Agencies and tax- payers for housing credit dollar amounts allocated after December 31, 2000, and on or before January 6, 2004. Otherwise, subject to the applicable effective dates of the corresponding statutory provisions, the rules that apply for housing credit dollar amounts allocated on or before January 6, 2004, are contained in §1.42–6 in effect on and before January 6, 2004 (see 26 CFR part 1 revised as of April 1, 2003). (3)Electronic filing simplification changes. Sections 1.42–6(d)(4) and 1.42–8(a)(6)(i), (a)(6)(ii), (a)(7) Example 1 and Example 2, (b)(4)(i), and (b)(4)(ii) are applicable for forms filed after January 6, 2004. The rules that apply for forms filed on or before January 6, 2004, are contained in §1.42–6 and §1.42–8 in ef- fect on and before January 6, 2004 (see 26 CFR part 1 revised as of April 1, 2003). ***** Par. 5. Section 1.42–14 is amended by: 1. Revising the section heading and paragraphs (a), (g), (i)(2), (k) and (l). 2. Removing paragraph (c) and the sec- ond to last sentence of paragraph (e). 3. Redesignating paragraph (b) as para- graph (c). 4. Adding a new paragraph (b). 5. Adding a new sentence at the end of paragraph (d)(2)(iv)(A). The revisions and additions read as fol- lows: §1.42–14 Allocation rules for post–2000 State housing credit ceiling amount. (a)State housing credit ceiling—(1)In general. The State housing credit ceiling for a State for any calendar year after 2000 is comprised of four components. The four components are— (i) The unused State housing credit ceil- ing, if any, of the State for the preced- ing calendar year (theunused carryforward component); (ii) The greater of— (A) $1.75 ($1.50 for calendar year 2001) multiplied by the State population; or (B) $2,000,000 (the population compo- nent); (iii) The amount of State housing credit ceiling returned in the calendar year (the returned credit component); plus (iv) The amount, if any, allocated to the State by the Secretary under section 42(h)(3)(D) from a national pool of unused credit (the national pool component). (2)Cost of Living Adjustment—(i)Gen- eral rule. For any calendar year after 2002, the $2,000,000 and $1.75 amounts in para- graph (a)(1)(ii) of this section are each in- creased by an amount equal to— (A) The dollar amount; multiplied by (B) The cost-of-living adjustment de- termined under section 1(f)(3) for the cal- endar year by substituting “calendar year 2001” for “calendar year 1992” in section 1(f)(3)(B). (ii)Rounding. Any increase resulting from the application of paragraph (a)(2)(i) of this section which, in the case of the $2,000,000 amount, is not a multiple of $5,000, is rounded to the next lowest mul- tiple of $5,000, and which, in the case of the $1.75 amount, is not a multiple of 5 cents, is rounded to the next lowest mul- tiple of 5 cents. (b)The unused carryforward compo- nent. The unused carryforward compo- nent of the State housing credit ceiling for any calendar year is the unused State hous- ing credit ceiling, if any, of the State for the preceding calendar year. The unused State housing creditceiling for any calen- dar year is the excess, if any, of— (1) The sum of the population, returned credit, and national pool components for the calendar year; over (2) The aggregate housing credit dollar amount allocated for the calendar year re- duced by the housing credit dollar amounts allocated from the unused carryforward component for the calendar year. ***** (d) * * * (2) * * * (iv)*** (A)Building not qualified within re- quired time period. * * * Also, a build- ing that has received a post-June 30 carry- over allocation is not qualified within the required time period if the taxpayer does not meet the 10 percent basis requirement by the date that is 6 months after the date the allocation was made (as described in §1.42–6(a)(2)(ii)). ***** (g)Stacking Order. Credit is treated as allocated from the various components of the State housing credit ceiling in the fol- lowing order. The firstcredit allocated for any calendar year is treated as credit from the unused carryforward component of the State housing creditceiling for the calen- dar year. After all of the credit in the un- used carryforward component has been al- located, any credit allocated is treated as allocated from the sum of the population, returned credit, and national pool compo- nents of the State housing credit ceiling. ***** (i) * * * (2)Unused housing credit carryover. The unused housing credit carryover of a State for any calendar year is the excess, if any, of— (i) The unused carryforward component of the State housing credit ceiling for the calendar year; over (ii) The total housing credit dollar amount allocated for the calendar year. ***** (k)Example. (1) The operation of the rulesofthissectionisillustratedbythe following examples. Unless otherwise stated in an example, Agency A is the sole Agency authorized to make allocations of housing credit dollar amounts in State M, all of Agency A’s allocations are valid, and for calendar year 2003, Agency A has available for allocation a State housing credit ceiling consisting of the following housing credit dollar amounts: 2004-8 I.R.B.507February 23, 2004 A.unusedcarryforwardcomponent................................................ $ 50 B.populationcomponent......................................................... $ 110 C.returnedcreditcomponent...................................................... $ 10 D.nationalpoolcomponent....................................................... $ 0 Total............................................................................. $ 170 (2) In addition, the $10 of returned credit component was returned before Oc- tober 1, 2003. Example 1—(i)Additional facts. By the close of 2003, Agency A had allocated $80 of the State M housing credit ceiling. Of the $80 allocated, $17 was allocated to projects involving qualified nonprofit or- ganizations. (ii)Application of stacking rules. The $80 of al- located credit is first treated as allocated from the un- used carryforward component of the State housing credit ceiling. The $80 of allocated credit exceeds the $50 attributable to the unused carryforward compo- nent by $30. Because the unused carryforward com- ponent is fully utilized, no credit will be forfeited by State M to the 2004 National Pool. The remaining $30 of allocated credit will next be treated as allo- cated from the $120 in credit determined by aggre- gating the population, returned credit, and national pool components ($110 + 10 + 0 = $120). The $90 of unallocated credit remaining in State M’s 2003 State housing credit ceiling ($120 - 30 = $90) represents the unused carryforward component of State M’s 2004 State housing credit ceiling. Under paragraph (i)(3) of this section, State M does not qualify for credit from the 2004 National Pool. (iii)Nonprofit set-aside. Agency A allocated exactly the amount of credit to projects involving qualified nonprofit organizations as necessary to meet the nonprofit set-aside requirement ($17, 10% of the $170 ceiling). Example 2—(i)Additional facts. By the close of 2003, Agency A had allocated $40 of the State M housing credit ceiling. Of the $40 allocated, $20 was allocated to projects involving qualified nonprofit or- ganizations. (ii)Application of stacking rules. The $40 of al- located credit is first treated as allocated from the un- used carryforward component of the State housing credit ceiling. Because the $40 of allocated credit does not exceed the $50 attributable to the unused car- ryforward component, the remaining components of the State housing credit ceiling are unaffected. The $10 remaining in the unused carryforward component is assigned to the Secretary for inclusion in the 2004 National Pool. The $120 in credit determined by ag- gregating the population, returned credit, and national pool components becomes the unused carryforward component of State M’s 2004 State housing credit ceiling. Under paragraph (i)(3) of this section, State M does not qualify for credit from the 2004 National Pool. (iii)Nonprofit set-aside. Agency A allocated $3 more credit to projects involving qualified nonprofit organizations than necessary to meet the nonprofit set-aside requirement. This does not reduce the ap- plication of the 10% nonprofit set-aside requirement to the State M housing credit ceiling for calendar year 2004. Example 3—(i)Additional fact. None of the ap- plications for credit that Agency A received for 2003 are for projects involving qualified nonprofit organi- zations. (ii)Nonprofit set-aside. Because at least 10% of the State housing credit ceiling must be set aside for projects involving a qualified nonprofit organization, Agency A can allocate only $153 of the $170 State housing credit ceiling for calendar year 2003 ($170 - 17 = $153). If Agency A allocates $153 of credit, the credit is treated as allocated $50 from the unused car- ryforward component and $103 from the sum of the population, returned credit, and national pool compo- nents. The $17 of unallocated credit that is set aside for projects involving qualified nonprofit organiza- tions becomes the unused carryforward component of State M’s 2004 State housing credit ceiling. Un- derparagraph(i)(3)ofthis section, State M does not qualify for credit from the 2004 National Pool. Example 4—(i)Additional facts. The $10 of re- turned credit component was returned prior to Octo- ber 1, 2003. However, a $40 credit that had been allocated in calendar year 2002 to a project involv- ing a qualified nonprofit organization was returned to the Agency by a mutual consent agreement dated November 15, 2003. By the close of 2003, Agency A had allocated $170 of the State M’s housing credit ceiling, including $17 of credit to projects involving qualified nonprofit organizations. (ii)Effect of three-month rule. Under the three- month rule of paragraph (d)(2)(iii) of this section, Agency A may treat all or part of the $40 of previ- ously allocated credit as returned on January 1, 2004. If Agency A treats all of the $40 amount as hav- ing been returned in calendar year 2004, the State M housing credit ceiling for 2003 is $170. This en- tire amount, including the $17 nonprofit set-aside, has been allocated in 2003. Under paragraph (i)(3) of this section, State M qualifies for the 2004 National Pool. (iii)If three-month rule not used. If Agency A treats all of the $40 of previously allocated credit as returned in calendar year 2003, the State hous- ing credit ceiling for the 2003 calendar year will be $210 of which $50 will be attributable to the returned credit component ($10 + $40 = $50). Because credit amounts allocated to a qualified nonprofit organiza- tion in a prior calendar year that are returned in a sub- sequent calendar year do not retain their nonprofit character, the nonprofit set-aside for calendar year 2003 is $21 (10% of the $210 State housing credit ceiling). The $170 that Agency A allocated during 2003 is first treated as allocated from the unused car- ryforward component of the State housing credit ceil- ing. The $170 of allocated credit exceeds the $50 at- tributable to the unused carryforward component by $120. Because the unused carryforward component is fully utilized, no credit will be forfeited by State M to the 2004 National Pool. The remaining $120 of allocated credit will next be treated as allocated from the $160 in credit determined by aggregating the population, returned credit, and national pool compo- nents ($110 + 50 + 0 = $160). The $40 of unallocated credit (which includes $4of unallocatedcredit from the $21 nonprofit set-aside) remaining in State M’s 2003 housing credit ceiling ($160 - 120 = $40) rep- resents the unused carryforward component of State M’s 2004 housing credit ceiling. Under paragraph (i)(3) of this section, State M does not qualify for credit from the 2004 National Pool. (l)Effective dates—(1)In general.Ex- cept as provided in paragraph (l)(2) of this section, the rules set forth in §1.42–14 are applicable on January 1, 1994. (2)Community Renewal Tax Relief Act of 2000 changes. Paragraphs (a), (b), (c), (e), (i)(2) and (k) of this section are appli- cable for housing credit dollar amounts al- located after January 6, 2004. However, paragraphs (a), (b), (c), (e), (i)(2) and (k) of this section may be applied by Agen- cies and taxpayers for housing credit dol- lar amounts allocated after December 31, 2000, and on or before January 6, 2004. Otherwise, subject to the applicable effec- tive dates of the corresponding statutory provisions, the rules that apply for housing credit dollar amounts allocated on or be- fore January 6, 2004, are contained in this section in effect on and before January 6, 2004 (see 26 CFR part 1 revised as of April 1, 2003). Mark E. Matthews, Deputy Commissioner for Services and Enforcement. Approved December 19, 2003. Pamela F. Olson, Assistant Secretary of the Treasury. (Filed by the Office of the Federal Register on December 31, 2003, 11:59 a.m., and published in the issue of the Federal Register for January 6, 2004, 69 F.R. 502) Section 162.—Trade or Business Expenses Environmental remediation costs that are other- wise deductible under section 162 are includible in inventory costs under section 263A by a taxpayer that contaminated land with hazardous waste as part of February 23, 20045082004-8 I.R.B. the ordinary business operations of a manufacturing plant. See Rev. Rul. 2004-18, page 509. Section 263A.—Capital- ization and Inclusion in Inventory Costs of Cer- tain Expenses 26 CFR 1.263A–1: Uniform capitalization of costs. Costs incurred to clean up land that a taxpayer con- taminated with hazardous waste by the operation of a manufacturing plant do not qualify for treatment un- der section 1341 because, under section 263A, the costs are inventory costs and do not satisfy the de- duction requirement of section 1341(a)(2). See Rev. Rul. 2004-17, page 516. 26 CFR 1.263A–1: Uniform capitalization of costs. (Also § 162.) Treatment of environmental remedi- ation expenses under section 263A.This ruling holds that amounts incurred to clean up land that a taxpayer contaminated with hazardous waste by the operation of a man- ufacturing plant must be included in inven- tory costs under section 263A of the Code. Rev. Ruls. 94–38 and 98–25 clarified. Rev. Proc. 2002–9 modified and ampli- fied. Rev. Rul. 2004–18 ISSUE Are costs incurred to clean up land that a taxpayer contaminated with hazardous waste by the operation of the taxpayer’s manufacturing plant includible in inven- tory costs under § 263A of the Internal Revenue Code? FACTS X, a corporation using an accrual method of accounting, owns and oper- ates a manufacturing plant that produces property that is inventory inX’s hands. X’s manufacturing operations discharge hazardous waste. In the past,Xburied this waste on portions ofX’s land. The land was not contaminated by hazardous waste when purchased byX. In order to comply with applicable federal, state, and local environmental requirements,Xincurs costs (within the meaning of § 461(h)) to remediate the soil and groundwater that had been con- taminated by the hazardous waste, and to establish an appropriate system for the continued monitoring of the groundwater to ensure that the remediation removes all hazardous waste. The costsXincurs are not research and experimental expen- ditures within the meaning of § 174 or environmental management policy costs. The soil remediation and groundwater treatment restoresX’s land to essentially the same physical condition that existed prior to the contamination. During and after the remediation and treatment,X continues to use the land and operate the plant in the same manner asXdid prior to the cleanup except thatXdisposes of any hazardous waste in compliance with environmental requirements. LAW Section 263A(a) provides that the direct costs and indirect costs properly allocable to property that is inventory in the hands of the taxpayer shall be included in inventory costs. Section 1.263A–1(a)(3)(ii) of the In- come Tax Regulations provides, in part, that taxpayers that produce tangible per- sonal property must capitalize (1) all direct costs of producing the property, and (2) the property’s allocable share of indirect costs. Section 1.263A–1(e)(3)(i) provides, in part, that indirect costs are properly allo- cable to property produced when the costs directly benefit or are incurred by reason of the performance ofproduction activ- ities. Cost recovery, production facility repair and maintenance costs, and scrap and spoilage costs, such as waste removal costs, are examples of indirect costs that must be capitalized to the extent the costs are properly allocable to produced prop- erty. See § 1.263A–1(e)(3)(ii) (I), (O) and (Q). Section 1.263A–1(e)(4)(iv)(I) provides that costs incurred for environmental man- agement policy generally are not allocated to production or resale activities (except to the extent that the costs of any system or procedure benefit a particular production or resale activity). Section 1.263A–1(c)(2)(ii) provides that the amount of any cost required to be capitalized under § 263A may not be included in inventory or charged to capital account or basis before the taxable year during which the amount is incurred within the meaning of § 1.446–1(c)(1)(ii). Pur- suant to § 461(h), in determining whether an accrual method taxpayer has incurred an amount for any item during the taxable year, the all events test shall not be treated as met any earlier than when economic performance occurs. Section 1.263A–2(a)(3)(i) provides that any cost required to be capitalized by § 263A must be capitalized regardless of whether the cost was incurred before, during, or after production. Rev. Rul. 94–38, 1994–1 C.B. 35, an- alyzes whether costsincurred to clean up land and to treat groundwater that a tax- payer contaminated with hazardous waste from the taxpayer’s manufacturing busi- ness are capital expenditures. The ruling holds that the costs to clean up land used in the taxpayer’s manufacturing process and to treat groundwater are not capital ex- penditures because these costs do not pro- long the useful life of the land or adapt the land to a new or different use. There- fore, costs incurred to clean up land and to treat groundwater that a taxpayer con- taminated with hazardous waste from the taxpayer’s business are deductible by the taxpayer as business expenses under § 162. Costs properly allocable to constructing groundwater treatment facilities, however, are capital expenditures under § 263. Rev. Rul. 98–25, 1998–1 C.B. 998, holds that costs incurred to replace un- derground storage tanks containing waste by-products under the circumstances in the ruling are not capital expenditures under § 263, but are ordinary and necessary ex- penses under § 162. ANALYSIS ThediscussioninRev. Rul. 94–38 ofPlainfield-Union Water Co. v. Com- missioner, 39 T.C. 333 (1962),nonacq., 1964–2 C.B. 8, demonstrates that the revenue ruling was intended to address whether the costs to clean up the land and to treat the groundwater are capital expenditures that must be capitalized into the basis of the land under § 263(a) or whether the costs are ordinary and nec- essary repair expenses under § 162. Rev. Rul. 94–38 does not address the treatment of these costs as inventory costs under § 263A. Similarly, Rev. Rul. 98–25 does not address whether amounts incurred to 2004-8 I.R.B.509February 23, 2004 replace underground storage tanks must be included in inventory costs under § 263A. The holding of Rev. Rul. 94–38 that the costs to construct a groundwater treat- ment facility must be capitalized under §§ 263(a) and 263A rather than deducted under § 162 demonstrates the distinction between capital expenditures and costs that are more in the nature of repairs than capital improvements. As with other types of deductible business costs, such as labor costs, taxes, rent, and supplies, once repair costs are determined to be deductible un- der § 162, a taxpayer with inventories must still apply the rules of § 263A to determine whether the repair costs must be included in inventory. Section 1.263A–1(e)(3). In addition, if repair costs must be capitalized under §§ 263(a) and 263A to a depreciable asset, a taxpayer with inventories must still apply the rules of §§ 263A to deter- mine whether the depreciation expense must be included in inventory. Section 1.263A–1(e)(3)(ii)(I). In this situation,Xincurs environmen- tal remediation costs to clean up land that was contaminated as part of the ordinary business operations ofX’s manufacturing of inventory.X’s environmental remedi- ation costs are incurred by reason ofX’s production activities within the meaning of § 1.263A–1(e)(3)(i). The costs are properly allocable toproperty produced byXthat is inventory inX’s hands under § 1.263A–1(e)(3)(i). Accordingly,Xmust capitalize the otherwise deductible envi- ronmental remediation costs by including the costs in inventory costs in accordance with § 1.263A–1(c)(3). Similarly, costs incurred to replace underground storage tanks and depreciation cost recoveries of the groundwater treatment facility must be included in inventory costs to the extent properly allocable to inventory. HOLDING Environmental remediation costs are subject to capitalization under § 263A. Therefore, costs incurred (within the meaning of § 461(h) and § 1.263A–1(c)(2)(ii)) to clean up land that a taxpayer contaminated with hazardous waste by the operation of the taxpayer’s manufacturing plant must be included in inventory costs under § 263A. TRANSITION RULE This paragraph applies to costs that would have been properly deducted in the taxable year but for the requirement to capitalize the coststoinventoryun- der § 263A, and for which the taxpayer’s method of accounting was to deduct the costs. The Internal Revenue Service will not challenge the treatment of environ- mental remediation costs to which this paragraph applies as deductible expenses rather than as costs properly capitalized to inventory under § 263A in any taxable year ending on or before February 6, 2004. Therefore, the treatment of environmental remediation costs to which this paragraph appliesasamountsproperly capitalized to inventory under § 263A will not be raised as an issue in any taxable year ending on or before February 6, 2004, and, if the treat- ment of such environmental remediation costs as deductible expenses rather than as amounts properly capitalized to inventory under § 263A has already been raised as an issue in examination or before Appeals or the Tax Court in a taxable year ending on or before February 6, 2004, the issue will not be further pursued. The Service will not impose penalties on taxpayers or preparers for treating environmental remediation costs to which this paragraph applies as deductible expenses rather than as costs properly capitalized to inventory under § 263A in taxable years ending on or before February 6, 2004. CHANGE IN METHOD OF ACCOUNTING A taxpayer using a method of account- ing that does not comply with this revenue ruling is using an impermissible method of accounting. Any change in a taxpayer’s treatment of environmental remediation costs to conform with this revenue ruling is a change in method of accounting to which the provisions of §§ 446 and 481 and the regulations thereunder apply. A taxpayer changing its method of accounting to comply with this revenue ruling must file a Form 3115 in accordance with the au- tomatic change in method of accounting provisions of Rev. Proc. 2002–9, 2002–1 C.B. 327, as amplified, clarified and mod- ified by Rev. Proc. 2002–54, 2002–2 C.B. 432, and Rev. Proc. 2002–19, 2002–1 C.B. 696, with the following modifica- tions: (1) the scope limitations in section 4.02 of Rev. Proc. 2002–9 do not ap- ply to a taxpayer that wants to make the change for its first taxable year ending after February 6, 2004; and (2) a taxpayer that files a Form 3115 in accordance with this revenue ruling to make the change in method of accounting for its first taxable year ending after February 6, 2004, may effect the change using either a § 481(a) adjustment as provided in sections 5.03 and 5.04 of Rev. Proc. 2002–9 or a cut-off method. For purposes of Line 1a of Form 3115 (revised December 2003), the desig- nated number for the automatic accounting method change authorized by this revenue ruling is “77.” A taxpayer making the automatic change in method of account- ing authorized by this revenue ruling and another automatic change in method of accounting under § 263A for the same taxable year may file one Form 3115 to make both changes, but must comply with the ordering rules of § 1.263A–7(b)(2) and must enter the automatic accounting method change numbers for both changes on Line 1a of Form 3115 (revised Decem- ber 2003). EFFECT ON OTHER DOCUMENTS Rev. Rul. 98–25 and Rev. Rul. 94–38 are clarified by providing that the other- wise deductible amounts at issue in Rev. Rul. 98–25 and Rev. Rul. 94–38 are subject to capitalization to inventory under § 263A. Rev. Proc. 2002–9 is modified and amplified to include in the APPENDIX the automatic change provided in this revenue ruling. DRAFTING INFORMATION The principal author of this revenue ruling is John Moriarty of the Office of Associate Chief Counsel (Income Tax & Accounting). For further information regarding this revenue ruling, contact Mr. Moriarty at 202–622–4930 (not a toll-free call). Section 472.—Last-in, First-out Inventories 26 CFR 1.472–1: Last-in, first-out inventories LIFO; price indexes; department stores.The December 2003 Bureau of February 23, 20045102004-8 I.R.B. Labor Statistics price indexes are accepted for use by department stores employing the retail inventory and last-in, first-out inventory methods for valuing inventories for tax years ended on, or with reference to, December 31, 2003. Rev. Rul. 2004–19 The following Department Store In- ventory Price Indexes for December 2003 were issued by the Bureau of Labor Statis- tics. The indexes are accepted by the Inter- nal Revenue Service, under § 1.472–1(k) of the Income Tax Regulations and Rev. Proc. 86–46, 1986–2 C.B. 739, for ap- propriate application to inventories of department stores employing the retail inventory and last-in, first-out inventory methods for tax years ended on, or with reference to, December 31, 2003. The Department Store Inventory Price Indexes are prepared on a national basis and include (a) 23 major groups of depart- ments, (b) three special combinations of the major groups — soft goods, durable goods, and miscellaneous goods, and (c) a store total, which covers all departments, including some not listed separately, ex- cept for the following: candy, food, liquor, tobacco, and contract departments. BUREAU OF LABOR STATISTICS, DEPARTMENT STORE INVENTORY PRICE INDEXES BY DEPARTMENT GROUPS (January 1941 = 100, unless otherwise noted) GroupsDec. 2002Dec. 2003 Percent Change from Dec. 2002 to Dec. 2003 ¹ 1. PieceGoods .............................................465.6473.71.7 2. DomesticsandDraperies..................................561.8543.9-3.2 3. Women’sandChildren’sShoes ............................640.1629.7-1.6 4. Men’sShoes.............................................888.0847.8-4.5 5. Infants’Wear ............................................612.4586.4-4.2 6. Women’sUnderwear......................................536.7509.6-5.0 7. Women’sHosiery ........................................345.3344.1-0.3 8. Women’sandGirls’Accessories ...........................540.3551.32.0 9. Women’sOuterwearandGirls’Wear .......................356.4362.71.8 10. Men’sClothing ..........................................550.6535.1-2.8 11. Men’sFurnishings........................................584.7583.4-0.2 12. Boys’ClothingandFurnishings............................446.2429.0-3.9 13. Jewelry..................................................855.4848.0-0.9 14. Notions .................................................793.2799.60.8 15. ToiletArticlesandDrugs..................................967.5976.50.9 16. FurnitureandBedding ....................................623.8612.9-1.7 17. FloorCoverings..........................................596.3595.1-0.2 18. Housewares..............................................734.4710.6-3.2 19. MajorAppliances.........................................219.4206.8-5.7 20. RadioandTelevision......................................47.343.8-7.4 21. Recreation and Education 2 .................................84.381.5-3.3 22. Home Improvements 2 .....................................125.8125.4-0.3 23. Automotive Accessories 2 ..................................111.3112.10.7 Groups1–15:SoftGoods .......................................560.7555.8-0.9 Groups16–20:DurableGoods...................................402.4386.8-3.9 Groups 21–23: Misc. Goods 2 ....................................95.293.5-1.8 Store Total 3 ..............................................503.0495.1-1.6 1 Absence of a minus sign before the percentage change in this column signifies a price increase. 2 Indexes on a January 1986 = 100 base. 3 The store total index covers all departments, including some not listed separately, except for the following: candy, food, liquor, tobacco and contract departments. DRAFTING INFORMATION The principal author of this revenue ruling is Michael Burkom of the Office of Associate Chief Counsel (Income Tax and Accounting). For further informa- tion regarding this revenue ruling, contact Mr. Burkom at (202) 622–7924 (not a toll-free call). Section 807.—Rules for Certain Reserves Insurance companies; interest rate tables.Prevailing state assumed interest 2004-8 I.R.B.511February 23, 2004 rates are provided for the determination of reserves under section 807 of the Code for contracts issued in 2003 and 2004. Rev. Rul. 92–19 supplemented in part. Rev. Rul. 2004–14 For purposes of § 807(d)(4) of the In- ternal Revenue Code, for taxable years be- ginning after December 31, 2002, this rul- ing supplements the schedules of prevail- ing state assumed interest rates set forth in Rev. Rul. 92–19, 1992–1 C.B. 227. Thisinformationistobeusedbyinsurance companies in computing their reserves for (1) life insurance and supplementary total and permanent disability benefits, (2) in- dividual annuities and pure endowments, and (3) group annuities and pure endow- ments. As § 807(d)(2)(B) requires that the interest rate used to compute these reserves be the greater of (1) the applicable federal interest rate, or (2) the prevailing state as- sumed interest rate, the table of applicable federal interest rates in Rev. Rul. 92–19 is also supplemented. Following are supplements to schedules A, B, C, and D to Part III of Rev. Rul. 92–19, providing prevailing state assumed interest rates for insurance products with different features issued in 2003 and 2004, and a supplement to the table in Part IV of Rev. Rul. 92–19, providing the applica- ble federal interest rates under § 807(d) for 2003 and 2004. This ruling does not sup- plement Parts I and II of Rev. Rul. 92–19. This is the twelfth supplement to the in- terest rates provided in Rev. Rul. 92–19. Earlier supplements were published in Rev. Rul. 93–58, 1993–2 C.B. 241 (inter- est rates for insurance products issued in 1992 and 1993); Rev. Rul. 94–11, 1994–1 C.B. 196 (1993 and 1994); Rev. Rul. 95–4, 1995–1 C.B. 141 (1994 and 1995); Rev. Rul. 96–2, 1996–1 C.B. 141 (1995 and 1996); Rev. Rul. 97–2, 1997–1 C.B. 134 (1996 and 1997); Rev. Rul. 98–2, 1998–1 C.B. 259 (1997 and 1998); Rev. Rul. 99–10, 1999–1 C.B. 671 (1998 and 1999); Rev. Rul. 2000–17, 2000–1 C.B. 842 (1999 and 2000); Rev. Rul. 2001–11, 2001–1 C.B. 780 (2000 and 2001); Rev. Rul. 2002–12, 2002–1 C.B. 624 (2001 and 2002); and Rev. Rul. 2003–24, 2003–1 C.B. 557 (2002 and 2003). Part III. Prevailing State Assumed InterestRates — Products Issued in Years After 1982.* Schedule A STATUTORY VALUATION INTEREST RATES BASED ON THE 1980 AMENDMENTS TO THE NAIC STANDARD VALUATION LAW A. Life insurance valuation: Guarantee Duration (years) Calendar Year of Issue 2004 10 or fewer5.00 More than 10 but not more than 20 4.75** More than 204.50** Source: Rates calculated from the monthly averages, ending June 30, 2003, of Moody’s Composite Yield on Seasoned Corporate Bonds (formerly known as Moody’s Corporate Bond Yield Average — Monthly Average Corporates). ** As the applicable federal interest rate for2004 of 4.82 percent exceeds this prevailing state assumed interest rate, the interest rate to be used for this product under § 807 is 4.82 percent. * The terms used in the schedules in this ruling and in Part IIIof Rev. Rul. 92–19 are those used in the Standard Valuation Law; the terms are defined in Rev. Rul. 92–19. February 23, 20045122004-8 I.R.B. Part III, Schedule B STATUTORY VALUATION INTEREST RATES BASED ON THE 1980 AMENDMENTS TO THE NAIC STANDARD VALUATION LAW B. Single premium immediate annuities and annuity benefits involving life contingencies arising from other annuities with cash settlement options and from guaranteed interest contracts with cash settlement options: Calendar Year of IssueValuation Interest Rate 20036.00* Source: Rate s calculated from the monthly averages, ending June 30,2003, of Moody’s Composite Yield on Seasoned Corporate Bonds (form erly known as Moody’s Corporate Bond Yield Average —Monthly Average Corporates). The terms used in this schedule ar e those used in the Standard Valuation Law as defined in Rev. Rul. 92–19. *As this prevailing state assumed interest exceeds the applicable federal interest rate for 2003 of 5.27 percent, the valuation interest rate of 6.00 percent is to be used for this product under § 807. Part III, Schedule C21–2003 STATUTOR Y VALUATION INTEREST RATES BASED ON N AIC STANDARD VALUATION LAW FOR2003C ALENDAR YEAR BUSINESS GOVERNED B Y THE 1980 AMENDMENTS C. Valuation interest rates for other annuities and guaranteed interest contracts that are valued on an issue year basis: Valuation Interest Rate For Plan Type Cash Settlem ent Options ? Future Interes t Guarant ee? Guarant ee Duration (years)ABC YesYes5 or fewer6.005.25*4.75* More than 5, but not more than 10 5.755.25*4.75* More tha n 10, but not more tha n20 5.504.75*4.75* More than 204.75*4.25*4.25* YesNo5 or fewer6.255.505.00* More th an 5, but not more th an 10 6.005.505.00* More than 10, but not more than 20 5.505.00*4.75* More than 204.75*4.50*4.50* 2004-8 I.R.B.513February 23, 2004 NoYes or No5 or fewer6.00 More than 5, but not more than 10 5.75NOT APPLICABLE More than 10, but not more than 20 5.50 More than 204.75* Source: Rates calculated from the monthly averages, ending June 30, 2003, of Moody’s Composite Yield on Seasoned Corporate Bonds (formerly known as Moody’s Corporate Bond Yield Average — Monthly Average Corporates). *As the applicable federal interest rate for 2003 of 5.27 percent exceeds this prevailing state assumed interest rate, the interest rate to be used for this product under § 807 is 5.27 percent. Part III, Schedule D21–2003 STATUTORY VALUATION INTEREST RATES BASEDONNAICSTANDARDVALUATIONLAW FOR2003CALENDAR YEAR BUSINESS GOVERNED BY THE 1980 AMENDMENTS D. Valuation interest rates for other annuities and guaranteed interest contracts that are contracts with cash settlement options and that are valued on a change in fund basis: Valuation Interest Rate For Plan Type Cash Settlement Options? Future Interest Guarantee? Guarantee Duration (years)ABC YesYes5 or fewer6.506.255.00* More than 5, but not more than 10 6.256.255.00* More than 10, but not more than 20 6.005.755.25* More than 205.25*5.25*4.50* YesNo5 or fewer6.756.255.25* More than 5, but not more than 10 6.506.255.25* More than 10, but not more than 20 6.256.005.00* More than 205.505.504.75* Source: Rates calculated from the monthly averages, ending June 30, 2003, of Moody’s Composite Yield on Seasoned Corporate Bonds (formerly known as Moody’s Corporate Bond Yield Average — Monthly Average Corporates). *As the applicable federal interest rate for 2003 of 5.27 percent is equal to or exceeds this prevailing state assumed interest rate, the interest rate to be used for this product under § 807 is 5.27 percent. February 23, 20045142004-8 I.R.B. Part IV. Applicable Federal Interest Rates. TABLE OF APPLICABLE FEDERAL INTEREST RATES FORPURPOSESOF§807 YearInterest Rate 20035.27 20044.82 Sources: Rev. Rul. 2002–81, 2002–2 C.B. 928 for the 2003 rate and Rev. Rul. 2003–122, 2003–49 I.R.B. 1179 for the 2004 rate. EFFECT ON OTHER REVENUE RULINGS Rev. Rul. 92–19 is supplemented by the a ddition to Part III of that ruling of pre- vail ing state assumed interest rates under § 807 for certain insurance products issued in 20 03 and 2004 and is further supple- men tedbyanadditiontothetableinPart IV o f Rev. Rul. 92–19 listing applicable fed eral interest rates. Parts I and II of Rev. Rul . 92–19 are not affected by this ruling. DRAFTING INFORMATION The principal author of this revenue rul- ing is Ann H. Logan of the Office of Asso- ciate Chief Counsel (Financial Institutions and Products). For further information re- garding this revenue ruling, contact her at (202) 622–3970 (not a toll-free call). Se ction 1233.—Gains and Lo sses From Short Sales (Also § 1259; 26 CFR 1.1233–1.) Short sale; broker; transfer.This ruling provides guidance on whether the delivery of shares made to a broker in transferring a short sale position from one broker to another broker will (1) cause a short sale to be deemed consummated un- der regulations section 1.1233–1(a), and (2) cause a short-against-the-box transac- tion to cease to be covered by the transition rule of section 1259 of the Code. Rev. Rul. 2004–15 ISSUES (1) If a taxpayer is obligated to transfer stock to a broker as a result of a short sale and borrows stock from another broker to satisfy the obligation to the first broker by having the second broker transfer the bor- rowed stock to the first broker, does the transfer close the short sale for purposes of § 1.1233–1(a) of the Income Tax Regula- tions? (2) If a taxpayer held appreciated stock, entered into a short sale prior to June 9, 1997, of identical stock borrowed from a broker, identified the short sale and the stock as offsetting positions in accordance with the transition rule in § 1001(d)(2) of the Taxpayer Relief Act of 1997, 1997–4 (Vol. 1) C.B. 1, 121, and continues to hold the appreciated stock, does a transfer of stock borrowed from another broker to sat- isfy the obligation to the first broker cause the transition rule to cease to apply? FACTS In January 1997, TaxpayerTPowned 100 shares ofXYZstock. In May 1997, at atimewhenthevalueoftheXYZstock ex- ceededTP’s basis in the stock,TPeffected a short sale (the Short Sale) of 100 shares ofXYZstock. To do this,TPborrowed 100 shares ofXYZstock from BrokerAand in- structed BrokerAto sell those borrowed shares onTP’s behalf. Thus, as a result of the Short Sale,TPincurred an obliga- tion to transfer 100 shares ofXYZstock to BrokerA. Before September 4, 1997, in itsbooksandrecords,TPclearly identified the Short Sale and theXYZstock (which TPstill owned) as offsetting positions un- der § 1001(d)(2) of the Taxpayer Relief Act of 1997. In January 2004,TPdecides to replace its obligation to BrokerAwith a substan- tially identical obligation to BrokerB.To do so,TParranges for BrokerBto deliver 100 shares ofXYZstocktoBrokerAin sat- isfaction ofTP’s obligation to BrokerA, andTPthus incurs an obligation to transfer 100 shares ofXYZstock to BrokerB.After BrokerB’s transfer of 100 shares ofXYZ stocktoBrokerA,TPcontinues to have the obligation to deliver 100 shares ofXYZ stock, but the obligation is owed to Broker Brather than to BrokerA. TPcontinues to hold theXYZstock, and TPhas not satisfied its obligation to Broker B. LAW AND ANALYSIS (1)Section 1233 Section 1.1233–1(a)(1) provides, “For income tax purposes, a short sale is not deemed to be consummated until delivery of property to close the short sale.” Pur- suant to § 1.1233–1(a)(4), if the short sale is made through a broker and the broker borrows property to make a delivery, the short sale is not deemed to be consum- mated until the obligation of the seller cre- ated by the short sale is finally discharged by delivery of property to the broker to re- place the property borrowed by the broker. In general, a short sale is closed (and thus is consummated) by the transfer of property that the short seller already owns or property that the short seller purchases for the purpose of satisfying the obliga- tion from the short sale. If, however, a taxpayer satisfies its obligation created un- der a short sale by transferring property borrowed from another lender, the trans- fer of the borrowed property does not close the short sale. InRichardson v. Commis- sioner,42B.T.A.830,840(1940),aff’d, 121 F.2d 1 (2d Cir. 1941), the taxpayer borrowed stock to sell short. With re- spect to a portion of the borrowed stock, 2004-8 I.R.B.515February 23, 2004 the taxpayer subsequently borrowed other stock from another lender to satisfy the obligation that resulted from the original borrowing. The taxpayer later satisfied the obligation under the second borrowing by transferring shares that he purchased. The Board of Tax Appeals required the taxpayer to recognize the gain or loss in the year in which the obligation from the second borrowing was satisfied, and the Board calculated the amount of the gain or loss on the short sale by reference to the purchase price of the stock used to sat- isfy the second borrowing. Although the opinion does not discuss the effect of using borrowed shares to satisfy an obligation to replace other shares previously borrowed from another lender, it is implicit in the computation of gain or loss that the satis- faction was not treated as closing the short sale. Section 1.1233–1(a) does not require a different result. When a taxpayer trans- fers borrowed property to satisfy its ini- tial obligation under a short sale, the tax- payer’s short sale obligation is not “finally discharged.” Here, the obligation ofTPto deliver 100 shares ofXYZstock continues to exist, and thus BrokerB’s delivery of borrowed stock to BrokerAonTP’s be- half does not close the Short Sale under § 1.1233–1(a). (2)Section 1259 Transition Rule Section 1259(a)(1) provides that, if there is a constructive sale of an appreci- ated financial position, the taxpayer must recognize gain as if the position were sold, assigned, or otherwise terminated at its fair market value on the date of the constructive sale. “Appreciated finan- cial position” is defined in § 1259(b)(1) as including a position with respect to stock if there would be gain were the position sold, assigned, or otherwise ter- minated at its fair market value. Pursuant to § 1259(c)(1)(A), a taxpayer is treated as having made a constructive sale of an appreciated financial position if the tax- payer enters into a short sale of the same or substantially identical property. Under § 1001(d)(2) of the Taxpayer Re- lief Act of 1997 (the transition rule), if “be- fore June 9, 1997, the taxpayer entered into any transaction which is a constructive sale of any appreciated financial position, and ...beforethecloseofthe30-dayperiod beginning on the date of the enactment of this Act [August 5, 1997] or before such later date as may be specified by the Sec- retary of the Treasury, such transaction and position are clearly identified in the tax- payer’s records as offsetting, such trans- action and position shall not be taken into account in determining whether any other constructive sale after June 8, 1997, has occurred. The preceding sentence shall cease to apply as of the date such trans- action is closed or the taxpayer ceases to hold such position.” Section 1001(d)(2) of the Taxpayer Relief Act of 1997, 1997–4 (Vol. 1) C.B. 1, 121. In May 1997, when the value of the XYZstock exceeded its basis,TPentered into the Short Sale. Thus,TPentered into a transaction that is described in § 1259(c)(1), but, because the Short Sale was entered into before June 9, 1997, no gain was recognized under § 1259(a)(1). Furthermore, before the close of the 30-day period beginning on August 5, 1997,TPclearly identified theXYZstock and the Short Sale in its books and records as offsetting positions. Thus, theXYZ stock and the Short Sale fall within the transition rule, and, until eitherTPceases to hold theXYZstock or the Short Sale is closed, neither theXYZstock nor the Short Sale is taken into account in deter- mining whether any constructive sale has occurred after June 8, 1997. In January 2004, whenTPreplaces the obligation to BrokerAwith the obliga- tion to BrokerB,TPcontinues to hold the XYZstock, and the Short Sale has not been closed for purposes of § 1.1233–1(a). Ac- cordingly, the transition rule continues to apply to the Short Sale and theXYZstock. HOLDINGS (1) When, as a result of the Short Sale, TPis obligated to transfer stock to Broker AandTPsatisfies the obligation by caus- ing BrokerBto transfer stock thatTPbor- rows from BrokerB, the transfer of the bor- rowed stock does not close the Short Sale under § 1.1233–1(a). (2) Because replacing the obligation to BrokerAwith the obligation to Bro- kerBdoes not close the Short Sale under § 1.1233–1(a), the transfer does not cause the transition rule to cease to apply to either the Short Sale or theXYZstock. DRAFTING INFORMATION The principal author of this revenue rul- ing is Kate Sleeth of the Office of As- sociate Chief Counsel (Financial Institu- tions and Products). For further informa- tion regarding this revenue ruling, con- tact Ms. Sleeth at (202) 622–3920 (not a toll-free call). Section 1341.—Com- putation of Tax Where Taxpayer Restores Sub- stantial Amount Held Under Claim of Right 26 CFR 1.1341–1: Restoration of amounts received or accrued under claim of right. (Also§263A.) Treatment of environmental remedi- ation expenses under section 1341.This ruling holds that amounts paid or incurred in the current taxable year to remediate en- vironmental contamination that occurred in prior taxable years do not qualify for treatment under section 1341 of the Code. Rev. Rul. 2004–17 ISSUES Do amounts paid or incurred in the cur- rent taxable year to remediate environmen- tal contamination that occurred in prior taxable years qualify for treatment under § 1341 of the Internal Revenue Code? FACTS Situation 1 Nmanufactures products that it sells to wholesalers and retailers.N’s manufac- turing process creates hazardous waste.N uses an accrual method of accounting and the calendar taxable year. From the incep- tion of its business in 1950 until 1979,N buried the hazardous waste on land that it owned in accordance with then applica- ble state, federal, and local environmental laws.Naccounted for waste disposal costs as a deducible expense under § 162. Significantly stricter state, federal, and local hazardous waste disposal laws were enacted in later years. In 2004, in order to comply with current environmental laws, February 23, 20045162004-8 I.R.B. Nincurs expenses for all necessary ser- vices to eliminate soil and water contam- ination caused by the buried waste, trans- port the waste to a waste disposal facility that complies with current environmental laws, and restore the land. Situation 2 ThefactsarethesameasinSituation 1 except thatNaccounted for waste disposal costs as a productioncost in calculating its inventory costs for all years. LAW AND ANALYSIS Section 1341 applies if: (1) the tax- payer included an item in gross income for a prior taxable year (or years) because it appeared that the taxpayer had an unre- stricted right to the item, (2) a deduction is allowable to the taxpayer for the tax- able year because it was established after the close of the taxable year (or years) of inclusion that the taxpayer did not have an unrestricted right to the item or to a portion of the item, and (3) the amount of the deduction exceeds $3,000. Section 1341(a)(1)–(3). If § 1341 applies, the chapter 1 tax for the taxable year equals the lesser of: (1) the tax for the taxable year computed with the current deduction, or (2) the tax for the tax- able year computed without the deduction, less the decrease in tax for the prior taxable year (or years) that would have occurred if the item or portion thereof had been ex- cluded from gross income in the prior tax- able year (or years). Section 1341(a)(4) and (5). Section 1341 ensures that the tax- payer’s position is not worse than the posi- tion the taxpayer would have been in if the taxpayer had not included the item or por- tion thereof in grossincome in the earlier year (except for the time value of money). Section 1.1341–1(a)(1) of the Income Tax Regulations provides that § 1341 ap- plies if the taxpayer is entitled to a deduc- tion of more than $3,000 because of the restoration to another of an item that was included in the taxpayer’s gross income for a prior taxable year (or years) under a claim of right. Under the claim of right doctrine, a taxpayer that receives an amount under a claim of right without restriction on dispo- sition must include the amount in gross in- come in the taxable year received, notwith- standing that the taxpayer’s right to retain the amount received may be uncertain and the taxpayer subsequently may be required to restore the amount to the rightful owner. North American Oil Consol. v. Burnet, 286 U.S. 417, 424 (1932). InUnited States v. Lewis,340U.S. 590 (1951), the Supreme Court concluded that a taxpayer who was required under the claim of right doctrine to include a bonus in income in the taxable year received, and who had to repay part of the bonus in a later year, could not amend his tax return for the earlier year. The taxpayer’s only remedy was to deduct the amount repaid in the taxable year in which the taxpayer restored it to the payor. The Court fol- lowed the principle that income is properly reported under the claim of right doctrine in the year received, consistent with a tax system based on annualrather than trans- actional accounting.See Burnet v. San- ford & Brooks Co., 282 U.S. 359, 364, 365 (1931). The application of the claim of right doctrine may result in an inequity when, because of changes in tax rates or other cir- cumstances, the tax increase resulting from the income inclusion inthe earlier year ex- ceeds the tax decrease that results from the deduction in the later year. Congress en- acted § 1341 to ameliorate this inequity in cases such asLewis, in which a taxpayer receives an amount that it is required in a later taxable year to restore or repay to an- other claimant.SeeS. Rep. No. 1622, 83d Cong. 2d Sess. 118 (1954) (“Under present law if a taxpayer is obligated tore- payamounts which he hadreceivedin a prior year and included in income because it appeared that he had an unrestricted right to such amounts, he may take a deduc- tion in the year of restitution”) (emphasis added); H.R. Rep. No. 1337, 83d Cong. 2d Sess. 86 (1954) (same). Section 1341(a)(2) requires that it be established after the close of the taxable year or years that the taxpayer did not have an unrestricted right to the item of gross income or portion thereof. To satisfy this test the taxpayer must repay or restore the item or portion of the item to another claimant. Section 1.1341–1(a)(1);see also Chernin v. United States, 149 F.3d 805 (8 th Cir. 1998) (relying on a “legislative history [that] is replete with references to repayment, restoration, and restitution”); S. Rep. No. 1622, 83d Cong. 2d Sess. at 118; H.R. Rep. No. 1337, 83d Cong. 2d Sess. at 86. For purposes of § 1341, to restore an item included in income, the repayment must arise out of the same circumstances, terms, and conditions as the original pay- ment of the item to the taxpayer.Griffiths v. United States, 54 Fed. Cl. 198 (2002). The fact that the amount of the repayment bears no relationship to the amount in- cluded in income indicates that the repay- ment does not arise from the same or spe- cific circumstances, terms, and conditions as the original transaction.Bailey v. Com- missioner, 756 F.2d 44 (6 th Cir. 1985); Uhlenbrock v. Commissioner,67T.C.818 (1977). In bothSituation 1andSituation 2,the environmental remediation costsNincurs in 2004 do not qualify for treatment under § 1341(a).Ndid not include an item in gross income thatNis repaying or restor- ing in a later year. In these situations, the item of gross income for purposes of §1341(a) is the proceeds received from the sale ofN’s products from 1950 to 1979. SeeRev. Rul. 72–28, 1972–1 C.B. 269. During 1950 to 1979,Nhad an unrestricted right to the proceeds received from the sale ofN’s products during those years. In 2004,N’s right to the sales proceeds re- ceived during 1950 to 1979 remains unre- stricted.N’s payment of the environmen- tal remediation costs does not restore in a later taxable year any portion of the pro- ceeds received from the original sale ofN’s products in 1950 through 1979. Moreover, N’s obligation to incur the environmental remediation costs does not arise from the same or specific circumstances, terms, or conditions as the original sale ofN’s prod- ucts in 1950 to 1979. The amount ofN’s environmental remediation costs bears no relation to the amount of proceeds received fromthesaleofN’s products in 1950 to 1979. Accordingly,N’s payment of en- vironmental remediation costs in 2004 is not a repayment or restoration of an item included in gross income.N’s environ- mental remediation costs do not satisfy the repayment or restoration requirement of § 1341(a)(2). Section 1341(a)(2) also requires, as a prerequisite to § 1341 treatment, that a deduction must be allowable to the tax- payer for the repayment or restoration of the item included in income. Section 1341 itself provides no right to a deduction. 2004-8 I.R.B.517February 23, 2004 Instead, the deduction must be allow- able under another provision of the Code. Section 1.1341–1(a)(1);Wood v. United States, 863 F.2d 417, 420 (5 th Cir. 1989); MidAmerican Energy Co. v. Commis- sioner, 114 T.C. 570, 583 (2000),aff’d, 271F.3d740(8 th Cir. 2001). Inventory costs under § 263A are recov- ered through cost of goods sold when the inventory is sold. Section 1.263A–1(c)(4). Costs of goods sold, or inventory costs, are not deductions but are properly treated as adjustments to gross income. Section 1.61–3(a). Environmental remediation costs incurred by reason of a production activity must be included in inventory costs.SeeRev. Rul. 2004–18, 2004–8 I.R.B. 509 (clarifying Rev. Rul. 94–38, 1994–1 C.B. 35); § 1.263A–1(e)(3). Thus, under § 263A,N’s environmental remedi- ation costs are inventory costs, not deduc- tions. Furthermore, inSituation 2, because the environmental remediation costsNin- curs in 2004 would have been accounted for underN’s method of accounting as inventory costs in 1950 through 1979 if incurred in those earlier years, the costs are properly treated as inventory costs underN’s method of accounting when incurred in 2004. Therefore,N’s environ- mental remediation costs do not qualify for treatment under § 1341 because the costs are inventory costs and do not satisfy the deduction requirement of § 1341(a)(2). Section 1341(b)(2) provides that § 1341(a) does not apply to any deduc- tion allowable with respect to an item included in gross income by reason of the sale or other disposition of the tax- payer’s stock in trade (or other property of a kind that would have been included in the taxpayer’s inventory if on hand at the close of the prior taxableyear)orproperty held by the taxpayer primarily for sale to customers in the ordinary course of its trade or business. Thus, even ifN’s en- vironmental remediation costs constituted deductible expenses rather than inventory costs recovered through cost of goods sold, § 1341(a) would not apply.N’s en- vironmental remediation costs are a con- sequence of the manufacture and sale of N’s products and, if not an inventory cost, would be deductible as an ordinary and necessary business expense of sellingN’s products. Accordingly, in bothSituations 1and2, the environmental remediation costs would be allowable with respect to an item that is included in gross income by reason of the sale ofN’s products and would not be eligible for § 1341(a) treat- ment by reason of § 1341(b)(2). HOLDING Amounts paid or incurred in the current taxable year to remediate environmental contamination that occurred in prior tax- able years do not qualify for treatment un- der § 1341. DRAFTING INFORMATION The principal author of this revenue rul- ing is Forest Boone of the Office of As- sociate Chief Counsel (Income Tax & Ac- counting). For further information regard- ing this revenue ruling, contact Mr. Boone at 202–622–4960 (not a toll-free call). Section 6103.—Confi- dentiality and Disclosure of Returns and Return Information 26 CFR 301.6103(l)–1: Disclosure of returns and re- turn information for purposes other than tax admin- istration. T.D. 9111 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 Definition of Agent for Certain Purposes AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. SUMMARY: This document contains fi- nal regulations relating to the definition of agent for certain purposes. The final reg- ulations clarify that the term agent in cer- tain provisions of section 6103 of the In- ternal Revenue Code (Code) includes con- tractors. DATES:Effective Date:These regulations are effective January 6, 2004. Applicability Date:For dates of ap- plicability, see §§301.6103(l)–1(b) and 301.6103(m)–1(b). FOR FURTHER INFORMATION CONTACT: Helene R. Newsome, 202–622–4570 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background This document contains amendments to 26 CFR part 301 under section 6103(l) and (m) of the Code. On February 1, 2002, theFederal Registerpublished a notice of proposed rulemaking (REG–120135–01, 2002–1 C.B. 552 [67 FR 4938]) regarding the definition of agent for certain purposes. No public comments or requests for hear- ing were received. The Treasury decision adopts the regulations as proposed. Generally, returns and return informa- tion are confidential under section 6103 of the Code unless a specific statutory excep- tion applies. In casesof non-tax-related disclosures, returns and return information generally may be disclosed only to officers and employees of Federal, state, and local government agencies, and not to contrac- tors or agents of such agencies. In certain limited circumstances, however, Congress has permitted disclosures to “agents” of these agencies. See section 6103(l)(6)(B), (l)(12), (m)(2), (m)(4), (m)(5), (m)(7). This document contains final regula- tions that clarify that the termagentin section 6103(l) and (m) includes contrac- tors. Clarification that the termagentin- cludes contractors is necessary for the pur- pose of bringing certain statutory grants of disclosure authority into alignment with the reality of many agencies’ operations. Agencies generally procure the services of third parties under public contracting laws, which do not necessarily incorpo- rate common law concepts ofagent.This clarification is also consistent with Con- gressional intent. For example, the Sen- ate Finance Committee, in amending sec- tion 6103(m)(2), stated, “[a]gents are those who are engaged directly in performing or assisting in collection functions for the federal government, presumably, private collection agencies who have contracted with the government to collect claims ... .” S. Rep. No. 97–378, at 15 (1982). This clarification does not provide any new disclosure authority, nor does it autho- rize the disclosure of return information to contractors that Congress has not previ- ously specifically authorized in the Code. February 23, 20045182004-8 I.R.B. With regard to protection of taxpayer data, agents/contractors are subject to safeguard requirements, redisclosure prohibitions, and civil and criminal penalties for unau- thorized disclosures. Accordingly, the regulations do not have an impact on tax- payer privacy. Special Analyses It has been determined that this Trea- sury decision is not a significant regula- tory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined thatsection553(b)and(d)oftheAdmin- istrative Procedure Act (5 U.S.C. chapter 5) and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply to these reg- ulations, and, therefore, a Regulatory Flex- ibility Analysis is not required. Pursuant to section 7805(f) of the Code, the notice of proposed rulemaking preceding these reg- ulations was submitted to the Chief Coun- sel of the Small Business Administration for comment on its impact on small busi- nesses. Drafting Information The principal author of these regula- tions is Helene R. Newsome, Office of the Associate Chief Counsel (Procedure & Administration), Disclosure & Privacy Law Division. ***** Adoption of Amendments to the Regulations Accordingly, 26 CFR part 301 is amended as follows: PART 301 — PROCEDURE AND ADMINISTRATION Paragraph 1. The authority citation for part 301 is amended by adding entries in numerical order to read as follows: Authority: 26 U.S.C. 7805 * * * Section 301.6103(l)–1 also issued un- der 26 U.S.C. 6103(q). Section 301.6103(m)–1 also issued un- der 26 U.S.C. 6103(q). * * * Par. 2. Section 301.6103(l)–1 is added to read as follows: §301.6103(l)–1 Disclosure of returns and return information for purposes other than tax administration. (a)Definition. For purposes of apply- ing the provisions of section 6103(l) of the Internal Revenue Code, the termagentin- cludes a contractor. (b)Effective date.Thissectionisappli- cable January 6, 2004. Par. 3. Section 301.6103(m)–1 is added to read as follows: §301.6103(m)–1 Disclosure of taxpayer identity information. (a)Definition. For purposes of apply- ing the provisions of section 6103(m) of the Internal Revenue Code, the termagent includes a contractor. (b)Effective date.Thissectionisappli- cable January 6, 2004. Mark E. Matthews, Deputy Commissioner for Services and Enforcement. Approved December 16, 2003. Pamela F. Olson, Assistant Secretary of the Treasury (Tax Policy). (Filed by the Office of the Federal Register on December 31, 2003, 11:59 a.m., and published in the issue of the Federal Register for January 6, 2004, 69 F.R. 506) Section 6662.—Imposition of Accuracy-Related Penalty 26 CFR 1 .6662–2: Accuracy-related penalty. T.D. 9109 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 Establishing Defenses to the Imposition of the Accuracy-Related Penalty AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. SUMMARY: This document contains final regulations that affect the defenses avail- able to the imposition of the accuracy-re- lated penalty when taxpayers fail to dis- close reportable transactions or fail to dis- close that they have taken a return position based on the conclusion that a regulation is invalid. The final regulations are intended to promote disclosure of reportable trans- actions and positions based on the conclu- sion that a regulation is invalid by narrow- ing a taxpayer’s ability to establish good faith and reasonable cause as a defense. The final regulations also clarify the ex- isting regulations with respect to the facts and circumstances to be considered in de- termining whether a taxpayer acted with reasonable cause and in good faith. DATES:Effective Dates:These regula- tions are effective December 30, 2003. Applicability Dates:These regulations apply to returns filed after December 31, 2002, with respect to transactions entered into on or after January 1, 2003. FOR FURTHER INFORMATION CONTACT: Jamie G. Bernstein at (202) 622–4940 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background This document contains amendments to 26 CFR part 1. On December 31, 2002, the IRS and the Treasury Depart- ment published in theFederal Register proposed amendments to the regulations (REG–126016–01, 2003–1 C.B. 486 [67 FR 79894]) under sections 6662 and 6664 of the Internal Revenue Code (Code). No public hearing was requested or held. Written and electronic comments respond- ing to the notice of proposed rulemaking were received. After consideration of all the comments, the proposed regulations under sections 6662 and 6664 are adopted as amended by this Treasury decision. The revisions are discussed below. Explanation of Revisions and Summary of Comments These final regulations generally adopt the provisions of the proposed regulations. The changes to the proposed regulations reflected in these finalregulations, as well 2004-8 I.R.B.519February 23, 2004 as comments received, are discussed be- low. 1.Applicability of Disclosure Regulations Under Section 6011 and Effective Date These final regulations were proposed to apply to returns filed after December 30, 2002, with respect to transactions entered into on or after January 1, 2003, to coincide with temporary regulations relating to dis- closure, promulgated under section 6011 and applicable for transactions entered into on or after January 1, 2003 (the Tempo- rary Disclosure Regulations). The Tem- porary Disclosure Regulations were pub- lished in theFederal Registeron Octo- ber 22, 2002. See 67 FR 64799 (T.D. 9017, 2002–2 C.B. 815) and 67 FR 64840 (REG–103735–00, 2002–2 C.B. 832) (Oc- tober 22, 2002). Final regulations under section 6011 were published on March 4, 2003, and apply to transactions entered into on or after February 28, 2003. See 68 FR 10161, 10163 (T.D. 9046, 2003–1 C.B. 614) (March 4, 2003) (the Final Dis- closure Regulations). The Final Disclo- sure Regulations define reportable trans- actions more narrowly than the Tempo- rary Disclosure Regulations. For trans- actions entered into on or after January 1, 2003, and before February 28, 2003, the taxpayer may apply the Final Disclo- sure Regulations instead of the Tempo- rary Disclosure Regulations. Revisions throughout these final regulations refer to the definition of reportable transaction in §1.6011–4(b) or 1.6011–4T(b), as applica- ble, to accommodate situations in which the Temporary Disclosure Regulations ap- ply to a transaction. One commentator suggested that the fi- nal regulations under sections 6662 and 6664applytotransactionsenteredintoon or after February 28, 2003, because that date is the effective date for the Final Dis- closure Regulations. See 68 FR 10161, 10163 (March 4, 2003). The final reg- ulations do not adopt this recommenda- tion. The proposed regulations under sec- tions 6662 and 6664 provided adequate no- tice that failure to comply with the Tempo- rary or Final Disclosure Regulations could limit the penalty defenses available under sections 6662 and 6664. 2.Applicability of the Reasonable Cause and Good Faith Defense The proposed regulations prohibited re- liance on tax advice to establish a rea- sonable cause and good faith defense to the accuracy-related penalties if a taxpayer failed to disclose a reportable transaction pursuant to the Final or Temporary Dis- closure Regulations, as applicable. Three commentators suggested that it is inappro- priate to preclude a taxpayer from rely- ing on the advice of a tax advisor in cir- cumstances in which the taxpayer does not lack good faith in failing to disclose a re- portable transaction. The Treasury De- partment and the IRS believe that good faith requires taxpayers to be forthcoming and that taxpayers should construe the Fi- nal and Temporary Disclosure Regulations broadly in favor of disclosure. Nonethe- less, there may be circumstances in which a taxpayer does not lack good faith in fail- ing to disclose a reportable transaction. Accordingly, the final regulations revise the proposed regulations to provide that a taxpayer’s failure to disclose a reportable transaction is a strong indication that the taxpayer failed to act in good faith, which would bar relief under section 6664(c). These final regulations also adopt the requirement in the proposed regulations that a taxpayer may not rely on an opinion or advice that a regulation is invalid to es- tablish that the taxpayer acted with reason- able cause and in good faith unless the tax- payer adequately disclosed its position that the regulation is invalid. One commenta- tor suggested that this provision is inappro- priate because it would be difficult for a taxpayer to discern whether its position is contrary to a regulation without consulting with a tax advisor. This suggestion was re- jected because the requirement of revised §1.6664–4(c)(2)(iii) does not apply to situ- ations in which a taxpayer has taken a posi- tion that is merely contrary to a regulation, but instead applies to situations in which a taxpayer has taken a return position based on advice or an opinion that a regulation is invalid. 3.Definition of Advice One commentator suggested that the proposed regulations more clearly define what constitutes professional advice or opinion. Section 1.6664–4(c)(2) defines the termadvice. Neither the proposed nor the final regulations change the definition of the term advice. Special Analyses It has been determined that this Trea- sury decision is not asignificant regula- tory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because these regulations do not impose a collec- tion of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chap- ter 6) does not apply. Pursuant to sec- tion 7805(f) of the Code, the proposed reg- ulations preceding these regulations were submitted to the Chief Counsel for Advo- cacy of the Small Business Administration for comment on its impact on small busi- ness. Drafting Information The principal author of these regula- tions is Jamie Bernstein, Office of the Associate Chief Counsel (Procedure and Administration), Administrative Provi- sions and Judicial Practice Division. ***** Adoption of Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read, in part, as follows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.6662–0 is amended by adding an entry for §1.6662–2(d)(5) to read as follows: §1.6662–0 Table of Contents. ***** §1.6662–2 Accuracy-related penalty. ***** (d) * * * (5) Returns filed after December 31, 2002. ***** February 23, 20045202004-8 I.R.B. Par. 3. Section 1.6662–2 is amended by: 1. Revising the firstsentence of para- graph (d)(2). 2. Adding new paragraph (d)(5). The revision and addition read as fol- lows: §1.6662–2 Accuracy-related penalty. ***** (d)***(1)*** (2)***Exceptasprovidedinpara- graphs (d)(3), (4) and (5) of this section and the last sentence of this paragraph (d)(2), the provisions of §§1.6662–1 through 1.6662–4 and §1.6662–7 (as revised to reflect the changes made to the accuracy-related penalty by the Omnibus Budget Reconciliation Act of 1993) and of §1.6662–5 apply to returns the due date of which (determined without regard to extensions of time for filing) is after De- cember 31, 1993. * * * ***** (5)For returns filed after Decem- ber 31, 2002. Sections 1.6662–3(a), 1.6662–3(b)(2) and 1.6662–3(c)(1) (re- lating to adequate disclosure) apply to returns filed after December 31, 2002, with respect to transactions entered into on or after January 1, 2003. Except as provided in paragraph (d)(1) of this sec- tion, §§1.6662–3(a), 1.6662–3(b)(2) and 1.6662–3(c)(1) (as contained in 26 CFR part 1 revised April 1, 2003) apply to returns filed with respect to transactions entered into prior to January 1, 2003. Par. 4. Section 1.6662–3 is amended by revising paragraph (a), the last sentence of paragraph (b)(2), and the first sentence of paragraph (c)(1) to read as follows: §1.6662–3 Negligence or disregard of rules or regulations. (a)In general. If any portion of an un- derpayment, as defined in section 6664(a) and §1.6664–2, of any income tax imposed under subtitle A of the Internal Revenue Code that is required to be shown on a re- turn is attributable to negligence or disre- gard of rules or regulations, there is added to the tax an amount equal to 20 percent of such portion. The penalty for disre- garding rules or regulations does not ap- ply, however, if the requirements of para- graph (c)(1) of this section are satisfied andthepositioninquestionisadequately disclosed as provided in paragraph (c)(2) of this section (and, if the position relates to a reportable transaction as defined in §1.6011–4(b) (or §1.6011–4T(b), as appli- cable), the transaction is disclosed in ac- cordance with §1.6011–4 (or §1.6011–4T, as applicable)), or to the extent that the reasonable cause and good faith exception to this penalty set forth in §1.6664–4 ap- plies. In addition, if a position with re- spect to an item (other than with respect to a reportable transaction, as defined in §1.6011–4(b) or §1.6011–4T(b), as appli- cable) is contrary to a revenue ruling or no- tice (other than a notice of proposed rule- making) issued by the Internal Revenue Service and published in the Internal Rev- enue Bulletin (see §601.601(d)(2) of this chapter), this penaltydoes not apply if the position has a realistic possibility of being sustained on its merits. See §1.6694–2(b) of the income tax return preparer penalty regulations for a description of the realis- tic possibility standard. (b)* * * * * (2)***Nevertheless,ataxpayerwho takes a position (other than with respect to a reportable transaction, as defined in §1.6011–4(b) or §1.6011–4T(b), as appli- cable) contrary to a revenue ruling or no- tice has not disregarded the ruling or notice if the contrary position has a realistic pos- sibility of being sustained on its merits. ***** (c)***(1)***Nopenaltyundersec- tion 6662(b)(1) may be imposed on any portion of an underpayment that is attrib- utable to a position contrary to a rule or regulation if the position is disclosed in ac- cordance with the rulesof paragraph (c)(2) of this section (and, if the position relates to a reportable transaction as defined in §1.6011–4(b) (or §1.6011–4T(b), as appli- cable), the transaction is disclosed in ac- cordance with §1.6011–4 (or §1.6011–4T, as applicable)) and,in case of a position contrary to a regulation, the position repre- sents a good faith challenge to the validity of the regulation. * * * ***** §1.6662–4 [Amended] Par. 5. Section 1.6662–4(g)(1)(iv) is amended by removing the reference to “§1.6664–4(e)” and adding the reference “§1.6664–4(f)” in its place. Par. 6. Section 1.6664–0 is amended by: 1. Adding entries for §§1.6664–1 (b)(2)(i), (b)(2)(ii) and 1.6664–4(c)(1)(iii). 2. Redesignating the entries for §1.6664–4(d), (e), (f), and (g), as §1.6664–4(e), (f), (g), and (h), respec- tively. 3.Adding a new entry for §1.6664–4(d). The additions read as follows: §1.6664–0 Table of contents. ***** §1.6664–1 Accuracy-related and fraud penalties, definitions and special rules. ***** (b) * * * (2) * * * (i) For returns due after September 1, 1995. (ii) For returns filed after December 31, 2002. ***** §1.6664–4 Reasonable cause and good faith exception to section 6662 penalties. ***** (c) * * * (1) * * * (iii) Reliance on the invalidity of a regula- tion. (d) Underpayments attributable to re- portable transactions. ***** Par. 7. Section 1.6664–1 is amended by: 1. Redesignating the text of paragraph (b)(2) as (b)(2)(i). 2. Adding a new paragraph heading for newly designated paragraph (b)(2)(i). 3. Adding paragraph (b)(2)(ii). The revisions and additions are as fol- lows: §1.6664–1 Accuracy-related and fraud penalties; definitions and special rules. ***** (b)***(1)*** (2) * * * (i)For returns due after September 1, 1995.*** 2004-8 I.R.B.521February 23, 2004 (ii)For returns filed after December 31, 2002. Sections 1.6664–4(c) (relating to re- lying on opinion or advice) and (d) (re- lating to underpayments attributable to re- portable transactions) apply to returns filed after December 31, 2002, with respect to transactions entered into on or after Jan- uary 1, 2003. Except as provided in para- graph (b)(2)(i) of this section, §1.6664–4 (as contained in 26 CFR part 1 revised April 1, 2003) applies to returns filed with respect to transactions entered into before January 1, 2003. Par. 8. Section 1.6664–4 is amended by: 1. Removing the language “(g) of this section” from the last sentence of para- graph (a) and adding the language “(h) of this section” in its place. 2. Revising paragraph (c)(1) introduc- tory text and the last sentence of paragraph (c)(1)(i). 3. Adding paragraph (c)(1)(iii). 4. Redesignating paragraphs (d), (e), (f) and (g) as paragraphs (e), (f), (g) and (h), respectively. 5. Adding a new paragraph (d). 6. Removing the language “(e)” wher- ever it appears in newly designated para- graphs (f)(1), (f)(2)(i), (f)(2)(ii), (f)(3), and (f)(4) and adding the language “(f)” in its place. 7. Removing the language “(g)” wher- ever it appears in newly designated para- graphs (h)(1), (h)(1)(i), (h)(2), and (h)(3) and adding the language “(h)” in its place. The revisions and additions read as fol- lows: §1.6664–4 Reasonable cause and good faith exception to section 6662 penalties. ***** (c)Reliance on opinion or advice—(1) Facts and circumstances; minimum re- quirements. All facts and circumstances must be taken into account in determining whether a taxpayer has reasonably relied in good faith on advice (including the opinion of a professional tax advisor) as to the treatment of the taxpayer (or any entity, plan, or arrangement) under Fed- eral tax law. For example, the taxpayer’s education, sophistication and business ex- perience will be relevant in determining whether the taxpayer’s reliance on tax advice was reasonable and made in good faith. In no event will a taxpayer be con- sideredtohavereasonablyreliedingood faith on advice (including an opinion), unless the requirements of this paragraph (c)(1) are satisfied. The fact that these requirements are satisfied, however, will not necessarily establish that the taxpayer reasonably relied on the advice (including the opinion of a tax advisor) in good faith. For example, reliance may not be reason- able or in good faith if the taxpayer knew, or reasonably should have known, that the advisor lacked knowledge in the relevant aspects of Federal tax law. (i) * * * In addition, the requirements of this paragraph (c)(1) are not satisfied if the taxpayer fails to disclose a fact that it knows, or reasonably should know, to be relevant to the proper tax treatment of an item. ***** (iii)Reliance on the invalidity of a reg- ulation. A taxpayer may not rely on an opinion or advice that a regulation is in- valid to establish that the taxpayer acted with reasonable cause and good faith un- less the taxpayer adequately disclosed, in accordance with §1.6662–3(c)(2), the po- sition that the regulation in question is in- valid. (d)Underpayments attributable to re- portable transactions. If any portion of an underpayment is attributable to a reportable transaction, as defined in §1.6011–4(b) (or §1.6011–4T(b), as ap- plicable), then failure by the taxpayer to disclose the transaction in accordance with §1.6011–4 (or §1.6011–4T, as applicable) is a strong indication that the taxpayer did not act in good faith with respect to the portion of the underpayment attributable to the reportable transaction. ***** Mark E. Matthews, Deputy Commissioner for Services and Enforcement. Approved December 18, 2003. Pamela F. Olson, Assistant Secretary of the Treasury. (Filed by the Office of the Federal Register on December 29, 2003, 8:45 a.m., and published in the issue of the Federal Register for December 30, 2003, 68 F.R. 75126) February 23, 20045222004-8 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 rul- ings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The fol lowing abbreviations in current use and for merly used will appear in material publis hedintheBulletin. A—Individual. Acq.—A cquiescence. B—Individual. BE—Beneficiary. BK—Bank . B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cu mulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Coo perative. Ct.D.—Court Decision. CY—County. D—Decede nt. DC—Dummy Corporation. DE—Donee. Del. Order —Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Emp loyer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduc iary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Fo reign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Fed eral Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grante e. GP—General Partner. GR—Grantor. IC—Insura nce Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—No nacquiescence. O—Organization. P—Parent Corporation. PHC—Persona l Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Pa rtnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Re al Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsi diary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Trans feree. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpay er. TR—Trust. TT—Trustee. U.S.C.—Uni ted States Code. X—Corporation. Y—Corporation. Z—Corporat ion. 2004-8 I.R.B.iFebruary 23, 2004 Numerical Finding List 1 Bulletins 2004–1 through 2004–8 Announcements: 2004-1, 2004-1 I.R.B.254 2004-2, 2004-3 I.R.B.322 2004-3, 2004-2 I.R.B.294 2004-4, 2004-4 I.R.B.357 2004-5, 2004-4 I.R.B.362 2004-6, 2004-3 I.R.B.322 2004-7, 2004-4 I.R.B.365 2004-8, 2004-6 I.R.B.441 2004-9, 2004-6 I.R.B.441 2004-10, 2004-7 I.R.B.501 Notices: 2004-1, 2004-2 I.R.B.268 2004-2, 2004-2 I.R.B.269 2004-3, 2004-5 I.R.B.391 2004-4, 2004-2 I.R.B.273 2004-5, 2004-7 I.R.B.489 2004-6, 2004-3 I.R.B.308 2004-7, 2004-3 I.R.B.310 2004-8, 2004-4 I.R.B.333 2004-9, 2004-4 I.R.B.334 2004-10, 2004-6 I.R.B.433 2004-11, 2004-6 I.R.B.434 Proposed Regulations: REG-116664-01, 2004-3 I.R.B.319 REG-122379-02, 2004-5 I.R.B.392 REG-139845-02, 2004-5 I.R.B.397 REG-126459-03, 2004-6 I.R.B.437 REG-156232-03, 2004-5 I.R.B.399 Revenue Procedures: 2004-1, 2004-1 I.R.B.1 2004-2, 2004-1 I.R.B.83 2004-3, 2004-1 I.R.B.114 2004-4, 2004-1 I.R.B.125 2004-5, 2004-1 I.R.B.167 2004-6, 2004-1 I.R.B.197 2004-7, 2004-1 I.R.B.237 2004-8, 2004-1 I.R.B.240 2004-9, 2004-2 I.R.B.275 2004-10, 2004-2 I.R.B.288 2004-11, 2004-3 I.R.B.311 2004-13, 2004-4 I.R.B.335 2004-14, 2004-7 I.R.B.489 2004-15, 2004-7 I.R.B.490 Revenue Rulings: 2004-1, 2004-4 I.R.B.325 2004-2, 2004-2 I.R.B.265 2004-3, 2004-7 I.R.B.486 Revenue Rulings— Continued: 2004-4, 2004-6 I.R.B.414 2004-5, 2004-3 I.R.B.295 2004-6, 2004-4 I.R.B.328 2004-7, 2004-4 I.R.B.327 2004-9, 2004-6 I.R.B.428 2004-10, 2004-7 I.R.B.484 2004-11, 2004-7 I.R.B.480 2004-12, 2004-7 I.R.B.478 2004-13, 2004-7 I.R.B.485 2004-14, 2004-8 I.R.B.511 2004-15, 2004-8 I.R.B.515 2004-16, 2004-8 I.R.B.503 2004-17, 2004-8 I.R.B.516 2004-18, 2004-8 I.R.B.509 2004-19, 2004-8 I.R.B.510 Tax Conventions: 2004-3, 2004-7 I.R.B.486 Treasury Decisions: 9099, 2004-2 I.R.B.255 9100, 2004-3 I.R.B.297 9101, 2004-5 I.R.B.376 9102, 2004-5 I.R.B.366 9103, 2004-3 I.R.B.306 9104, 2004-6 I.R.B.406 9105, 2004-6 I.R.B.419 9106, 2004-5 I.R.B.384 9107, 2004-7 I.R.B.447 9108, 2004-6 I.R.B.429 9109, 2004-8 I.R.B.519 9110, 2004-8 I.R.B.504 9111, 2004-8 I.R.B.518 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2003–27 through 2003–52 is in Internal Revenue Bulletin 2003–52, dated December 29, 2003. February 23, 2004ii2004-8 I.R.B. Findings List of Current Actions on Previously Published Items 1 Bulletins 2004–1 through 2004–8 Proposed Regulations: REG-115037-00 Corrected by Ann. 2004-7, 2004-4 I.R.B.365 REG-143321-02 Withdrawn by REG-156232-03, 2004-5 I.R.B.399 REG-146893-02 Corrected by Ann. 2004-7, 2004-4 I.R.B.365 Revenue Procedures: 94-41 Superseded by Rev. Proc. 2004-15, 2004-7 I.R.B.490 2000-38 Modified by Rev. Proc. 2004-11, 2004-3 I.R.B.311 2000-50 Modified by Rev. Proc. 2004-11, 2004-3 I.R.B.311 2002-9 Modified and amplified by Rev. Rul. 2004-18, 2004-8 I.R.B.509 Modified by Rev. Proc. 2004-11, 2004-3 I.R.B.311 2002-71 Superseded by Rev. Proc. 2004-13, 2004-4 I.R.B.335 2003-1 Superseded by Rev. Proc. 2004-1, 2004-1 I.R.B.1 2003-2 Superseded by Rev. Proc. 2004-2, 2004-1 I.R.B.83 2003-3 As amplified by Rev. Proc. 2003-14, and as modified by Rev. Proc. 2003-48 superseded by Rev. Proc. 2004-3, 2004-1 I.R.B.114 2003-4 Superseded by Rev. Proc. 2004-4, 2004-1 I.R.B.125 2003-5 Superseded by Rev. Proc. 2004-5, 2004-1 I.R.B.167 Revenue Procedures— Continued: 2003-6 Superseded by Rev. Proc. 2004-6, 2004-1 I.R.B.197 2003-7 Superseded by Rev. Proc. 2004-7, 2004-1 I.R.B.237 2003-8 Superseded by Rev. Proc. 2004-8, 2004-1 I.R.B.240 2003-23 Modified and superseded by Rev. Proc. 2004-14, 2004-7 I.R.B.489 2004-1 Corrected by Ann. 2004-8, 2004-6 I.R.B.441 2004-4 Modified by Rev. Proc. 2004-15, 2004-7 I.R.B.490 2004-5 Modified by Rev. Proc. 2004-15, 2004-7 I.R.B.490 2004-6 Modified by Rev. Proc. 2004-15, 2004-7 I.R.B.490 Revenue Rulings: 92-19 Supplemented in part by Rev. Rul. 2004-14, 2004-8 I.R.B.511 94-38 Clarified by Rev. Rul. 2004-18, 2004-8 I.R.B.509 98-25 Clarified by Rev. Rul. 2004-18, 2004-8 I.R.B.509 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2003–27 through 2003–52 is in Internal Revenue Bulletin 2003–52, dated December 29, 2003. 2004-8 I.R.B.iiiFebruary 23, 2004 INDEX Internal Revenue Bulletins 2004–1 through 2004–8 The abbreviation and number in parenthesis following the index entry refer to the specific item; numbers in roman and italic type follow- ing the parentheses refer to the Internal Rev- enue Bulletin in which the item may be found and the page number on which it appears. Key to Abbreviations: AnnAnnouncement CDCourt Decision DODelegation Order EOExecutive Order PLPublic Law PTEProhibited Transaction Exemption RPRevenue Procedure RRRevenue Ruling SPRStatement of Procedural Rules TCTax Convention TDTreasury Decision TDOTreasury Department Order EMPLOYEE PLANS Determination letters, issuing procedures (RP 6) 1,197 Electronic delivery of payee statements (Notice 10) 6,433 Forms 1099 and 5498 payee statements, electronic delivery (Notice 10) 6,433 Full funding limitations, weighted aver- age interest rate for: January 2004 (Notice 3) 5,391 Letter rulings: And determination letters, areas which will not be issued from: Associates Chief Counsel and Divi- sion Counsel (TE/GE) (RP 3) 1, 114 Associate Chief Counsel (Interna- tional) (RP 7) 1,237 And information letters, etc. (RP 4) 1, 125 And information letters issued by As- sociate Offices, determination letters issued by Operating Divisions (RP 1) 1,1; correction of user fee (Ann 8) 6,441 User fees, request for letter rulings (RP 8) 1,240 Minimum funding standards, waivers (RP 15) 7,490 EMPLOYEE PLANS—Cont. Presidentially-declared disaster or combat zone, postponement of certain acts (RP 13) 4,335 Qualified retirement plans: Employee stock ownership plans, syn- thetic equity, listed transactions (RR 4) 6,414 Minimum participation standards, spe- cial rule (RR 11) 7,480 Rollovers (RR 12) 7,478 Top-heavy status, special rules (RR 13) 7,485 Vesting, consent (RR 10) 7,484 Roth IRAs, tax shelters (Notice 8) 4,333 S corporations, employee stock owner- ship plans (ESOPs), termination of election (RP 14) 7,489 Technical advice: To directors and appeals area direc- tors from Associates Chief Coun- sel and Division Counsel/Associate Chief Counsel (TE/GE) (RP 2) 1,83 To IRS employees (RP 5) 1,167 EMPLOYMENT TAX Delinquent tax, levy on wages, salary, and other income, exempt amount ta- bles (Notice 4) 2,273 Form W-2, new reporting code for Box 12,2004(Ann2)3,322 Mileage allowance, local transporta- tion expenses computed similarly to a courier’s compensation, accountable plan (RR 1) 4,325 Presidentially-declared disaster or combat zone, postponement of certain acts (RP 13) 4,335 ESTATE TAX Gross estate, election to value on alternate valuation date, section 20.2032–1(b) (REG–139845–02) 5,397 Presidentially-declared disaster or combat zone, postponement of certain acts (RP 13) 4,335 Proposed Regulations: 26 CFR 20.2032–1(b), revised; 301.9100–6T, amended; gross es- tate, election to value on alternate valuation date (REG–139845–02) 5, 397 ESTATE TAX—Cont. Regulations: 26 CFR 20.2056(b), amended; 20.2056A–5, amended; 20.2056A– 13, revised; definition of income for trust purposes (TD 9102) 5,366 Trusts, definition of income, total return, adjustments to income (TD 9102) 5, 366 EXCISE TAX Presidentially-declared disaster or combat zone, postponement of certain acts (RP 13) 4,335 EXEMPT ORGANIZATIONS Declaratory judgment suits, annual notice to doners regarding pending and settled suits (Ann 1) 1,254 Electronic delivery of payee statements (Notice 10) 6,433 Forms 1099 and 5498 payee statements, electronic delivery (Notice 10) 6,433 Letter rulings: And determination letters, areas which will not be issued from Associates Chief Counsel and Division Counsel (TE/GE) (RP 3) 1,114 And information letters, etc. (RP 4) 1, 125 And information letters issued by As- sociate Offices, determination letters issued by Operating Divisions (RP 1) 1,1; correction of user fee (Ann 8) 6,441 User fees, request for letter rulings (RP 8) 1,240 Presidentially-declared disaster or combat zone, postponement of certain acts (RP 13) 4,335 Public advocacy activities conducted by certain tax-exempt organizations (RR 6) 4,328 Technical advice: To directors and appeals area direc- tors from Associates Chief Coun- sel and Division Counsel/Associate Chief Counsel (TE/GE) (RP 2) 1,83 To IRS employees (RP 5) 1,167 February 23, 2004iv2004-8 I.R.B. GIFT TAX Presidentially-declared disaster or combat zone, postponement of certain acts (RP 13) 4,335 Regulations: 26 CFR 25.2523(e)–1, amended; 25.2523(h)–2, amended; 26.2601–1, amended; definition of income for trust purposes (TD 9102) 5,366 Trusts, definition of income, total return, adjustments to income (TD 9102) 5, 366 INCOME TAX Agent for certain purposes, definition (TD 9111) 8,518 Capitalization: Of amounts paid to acquire or create intangibles (TD 9107) 7,447 Tangible property (Notice 6) 3,308 Charitable contributions, intellectual property (Notice 7) 3,310 Confidential transactions (TD 9108) 6, 429 Credits: Increasing research activities credit: Internal-use software, advance no- tice of proposed rulemaking – REG–153656–03 (Ann 9) 6,441 Qualified research definition (TD 9104) 6,406 Research credit recordkeeping agreements, pilot program (No- tice 11) 6,434 Low-income housing credit: Satisfactory bond, “bond factor” amounts for the period: January through March 2004 (RR 16) 8,503 State or local housing tax credit (TD 9110) 8,504 Declaratory judgment suits, annual notice to doners regarding pending and settled suits (Ann 1) 1,254 Disciplinary actions involving attorneys, certified public accountants, enrolled agents, and enrolled actuaries (Ann 6) 3,499 Disclosure of relative values of optional forms of benefit (TD 9099) 2,255 Electronic filing of certain income tax re- turns and other forms (TD 9100) 3,297; (REG–116664–01) 3,319 INCOME TAX—Cont. Environmental remediation expenses: Restoration of amount held under claim of right (RR 17) 8,516 Uniform capitalization of costs (RR 18) 8,509 Forms: 8806, Information Return for Ac- quisition of Control or Substantial Change in Capital Structure, new (Ann 5) 4,361 8858, Information Return of U.S. Persons With Respect to Foreign Disregarded Entities, comments re- quested (Ann 4) 4,357 Health Savings Accounts (HSAs), ques- tions and answers (Notice 2) 2,269 Individual TaxpayerIdentification Num- bers (ITINs), new application process (Notice 1) 2,268 Information reporting: Extension of certain 2004 deadlines (Notice 9) 4,334 For payments in lieu of dividends (TD 9103) 3,306 Insurance companies: Loss payment patterns and discount factors for the 2003 accident year (RP 9) 2,275 Salvage discount factors for the 2003 accident year (RP 10) 2,288 Interest: Investment: Federal short-term, mid-term, and long-term rates for: January 2004 (RR 2) 2,265 February 2004 (RR 9) 6,428 Rate tables (RR 14) 8,511 Inventory: LIFO, price indexes used by depart- ment stores for: November 2003 (RR 7) 4,327 December 2003 (RR 19) 8,510 Letter rulings: And determination letters, areas which will not be issued from: Associates Chief Counsel and Divi- sion Counsel (TE/GE) (RP 3) 1, 114 Associate Chief Counsel (Interna- tional) (RP 7) 1,237 And information letters issued by As- sociate Offices, determination letters issued by Operating Divisions (RP INCOME TAX—Cont. 1) 1,1; correction of user fee (Ann 8) 6,441 Methods of accounting, changes in de- termining depreciation or amortization (RP 11) 3,311; (TD 9105) 6,419; (REG–126459–03) 6,437 Partnerships: Charitable contributions, trust govern- ing instrument requirement (RR 5) 3, 295 Electing large partnerships, separately stated items, qualified dividend in- come (Notice 5) 7,489 Penalties, defenses available to the im- position of the accuracy-related penalty (TD 9109) 8,519 Practice before the Internal Revenue Ser- vice (REG–122379–02) 5,392 Presidentially-declared disaster or combat zone, postponement of certain acts (RP 13) 4,335 Proposed Regulations: 26 CFR 1.167(e)–1, amended; 1.446–1, amended; 1.1016–3, amended; changes in computing depreciation (REG–126459–03) 6, 437 26 CFR 1.170A–11, amended; 1.556–2, amended; 1.565–1, amended; 1.936–7, amended; 1.1017–1, amended; 1.1368–1, amended; 1.1377–1, amended; 1.1502–21,–75,amended; 1.1503–2, amended; 1.6038B–1, amended; 301.7701–3, amended; guidance necessary to facili- tate business electronic filing (REG–116664–01) 3,319 26 CFR 1.482–6, –9, amended; treat- ment of services under section 482, allocation of income and deductions from intangibles (REG–115037–00, REG–146893–02); correction (Ann 7) 4,365 26 CFR 1.6043–4, added; 1.6045–3, added; information reporting re- lating to taxable stock transactions (REG–156232–03) 5,399 31 CFR 10.33, revised; 10.35, added; 10.36, added; 10.37, added; reg- ulations governing practice be- fore the Internal Revenue Service (REG–122379–02) 5,392 2004-8 I.R.B.vFebruary 23, 2004 INCOME TAX—Cont. Publication 1220, Specifications for Fil- ing Forms 1098, 1099, 5498 and W-2G Electronically or Magnetically, changes affecting tax year 2003 filing of infor- mation returns (Ann 3) 2,294 Qualified offer regulations, award of at- torney’s fees and other costs (TD 9106) 5,384 Regulations: 26 CFR 1.41–0, –4, amended; 602.101, amended; credit for in- creasing research activities (TD 9104) 6,406 26 CFR 1.42–6, –8, –12, –14, amended; section 42 carryover and stacking rule amendments (TD 9110) 8,504 26 CFR 1.167(a)–3, amended; 1.263(a)–0, –4, –5, added; 1.446–5, added; 602.101, amended; guidance regarding deduction and capitaliza- tion of expenditures (TD 9107) 7, 447 26 CFR 1.167(e)–1, amended; 1.167(e)–1T, added; 1.446–1, amended;1.446–1T, added; 1.1016–3, amended; 1.1016–3T, added; changes in computing depre- ciation (TD 9105) 6,419 26 CFR 1.170A–11, amended; 1.170A–11T, added; 1.556–2, amended;1.556–2T, added; 1.565–1, amended; 1.565–1T, added;1.936–7,amended; 1.936–7T, added;1.1017–1, –1T, amended;1.1368–1, amended; 1.1368–1T, added; 1.1377–1, amended; 1.1377–1T, added;1.1502–21,–21T, –75, amended;1.1502–75T, added;1.1503–2, amended; 1.1503–2T, added; 1.6038B–1, –1T, amended; 301.7701–3, amended; 301.7701–3T, added; 602.101, amended; guidance necessary to facilitate business electronic filing (TD 9100) 3,297 26 CFR 1.401(a)–11, –(20), revised; 1.417(a)(3)–1, added; 1.417(e)–1, amended; 602.101, amended; dis- closure of relative values of optional forms of benefit (TD 9099) 2,255 26 CFR 1.642(c)–2, amended; 1.642(c)–5, revised; 1.643, revised; 1.651(a)–2(d), added; 1.661(a)–2(f), revised; 1.664–3, amended; defini- INCOME TAX—Cont. tion of income for trust purposes (TD 9102) 5,366 26 CFR 1.1502–35T, amended; sus- pension of losses on certain stock dispositions (TD 9048); correction (Ann 10) 7,501 26 CFR 1.6011–4, amended; 301.6112–1, amended; confiden- tial transactions (TD 9108) 6,429 26 CFR 1.6043–4T, revised; 1.6045–3T, revised; information reporting relating to taxable stock transactions (TD 9101) 5,376 26 CFR 1.6045–2, amended; informa- tion statements for certain substitute payments (TD 9103) 3,306 26 CFR 1.6662–0, –2, –3, –4, amended; 1.6664–0, –1, –4, amended; establishing defenses to the imposition of the accuracy-re- lated penalty (TD 9109) 8,519 26 CFR 301.6103(1)–1, added; 301.6103(m)–1, added; definition of agent for certain purposes (TD 9111) 8,518 26 CFR 301.7430–7, added; 301.7430–7T, removed; awards of attorney’s fees and other costs based upon qualified offers (TD 9106) 5, 384 Reporting an acquisition of control or sub- stantial change in capital structure, new Form 8806 (Ann 5) 4,362 Stocks: Constructive sale, short sale, and trans- fers by broker (RR 15) 8,515 Guidance under section 1502, suspen- sion of losses on certain stock dispo- sitions (TD 9048); correction (Ann 10) 7,501 Information reporting relating to tax- able stock transactions (TD 9101) 5, 376; (REG–156232–03) 5,399 Tax conventions, taxation of nonresident partners in a service partnership that conducts activities in the United States (RR 3) 7,486 Technical advice to directors and appeals area directors from Associates Chief Counsel and Division Counsel/Asso- ciate Chief Counsel (TE/GE) (RP 2) 1, 83 Treatment of services under section 482 (REG–115037–00, REG–146893–02); correction (Ann 7) 4,365 INCOME TAX—Cont. Trusts, definition of income, total return, adjustments to income (TD 9102) 5, 366 SELF-EMPLOYMENT TAX Presidentially-declared disaster or combat zone, postponement of certain acts (RP 13) 4,335 February 23, 2004vi2004-8 I.R.B. *U.S. Government Printing Office: 2004—304–774/60123
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