us-irs-announcements-irb-2010-39-pdf•Internal Revenue Bulletin 2010-39 (PDF rendition): IRS Announcements
Internal Revenue Bulletin 2010-39 (PDF rendition): IRS Announcements
us-irs-announcements-irb-2010-39-pdfInternal Revenue Bulletin 2010-39 (PDF rendition): IRS AnnouncementsGuidance
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Bulletin No. 201 0-39 September 27, 20 10 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. 2010–21, page 388. Interest rates; underpayments and overpayments.The rates for interest determined under section 6621 of the Code for the calendar quarter beginning October 1, 2010, will be 4 percent for overpayments (3 percent in the case of a corpo- ration), 4 percent for underpayments, and 6 percent for large corporate underpayments. The rate of interest paid on the por- tion of a corporate overpayment exceeding $10,000 will be 1.5 percent. Rev. Rul. 2010–22, page 388. Fringe benefits aircraft valuation formula.The Standard Industry Fare Level (SIFL) cents-per-mile rates and terminal charge in effect for the second half of 2010 are set forth for purposes of determining the value of noncommercial flights on employer-provided aircraft under section 1.61–2(g) of the regulations. Rev. Rul. 2010–23, page 388. Revenue ruling obsoleted.This ruling obsoletes Rev. Rul. 2003–102, 2003–2 C.B. 559, which provides guidance on employer reimbursements of amounts paid by an employee to purchase nonprescription medicines or drugs. Notice 2010–59, page 396. This notice provides guidance on new section 106(f) of the Code, which requires that an over-the-counter medicine or drug be prescribed to be a medical expense for purposes of section 105. Notices 96–53, 2004–2, 2004–50, 2008–51, 2008–52 modified. Notice 2006–69 amplified. Announcement 2010–56, page 398. The results of the 2009–10 allocation round of the qualifying advanced coal project program and the qualifying gasification project program provide the identity of the applicants that have been awarded credits and the amount of credits awarded to each applicant. This announcement also serves notice to ap- plicants that the 2010–11 allocation round is currently open for the Code section 48A program pursuant to Notice 2009–24. The Service will not conduct a 2010–11 allocation round for the Code section 48B program because the total amount of available credits were allocated during the 2009–10 round. ADMINISTRATIVE Announcement 2010–59, page 399. This document contains a correction to Notice 2009–80, 2009–51 I.R.B. 859, which contained an incorrect name. Fi nding Lists begin on page ii. Index for July through September begins on page iv. The IRS Mission Provide Americ a’s taxpayers top-quality service by helping them understa nd and meet their tax responsibilities and en- force the law wi th integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin contents are compiled semiannually into Cumulative Bulletins, which are sold on a single-copy basis. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, mod- ify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indi- cated. Procedures relating solely to matters of internal man- agement are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—19 86 Code. This part i ncludes rulings and decisions based on provisions of the Intern al Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Leg- islation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secre- tary (Enforcement). Part IV .—Items of General Interest. This par t includes notices of proposed rulemakings, disbar- ment an d suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The c ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402. September 27, 20102010–39 I.R.B. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 61.—G ross Income Defined 26 CFR 1.61–21 : Taxation of fringe benefits. Fringe benefi ts aircraft valuation for- mula.The Sta ndard Industry Fare Level (SIFL) cents -per-mile rates and terminal charge in eff ect for the second half of 2010 are set forth for purposes of determining the value of n oncommercial flights on employer-p rovided aircraft under section 1.61–2(g) o f the regulations. Rev. Rul. 2010 –22 For purposes o f the taxation of fringe benefits unde rsection61oftheInter- nal Revenue Co de, section 1.61–21(g) of the Income Ta x Regulations provides a rule for valu ing noncommercial flights on employer- provided aircraft. Section 1.61–21(g)( 5) provides an aircraft valua- tion formul a to determine the value of such flights. Th e value of a flight is determined under the ba se aircraft valuation formula (also known as the Standard Industry Fare Level formula or SIFL) by multiplying the SIFL cents -per-mile rates applicable for the period during which the flight was takenbythea ppropriate aircraft multiple provided in s ection 1.61–21(g)(7) and then adding the ap plicable terminal charge. The SIFL cents-p er-mile rates in the formula and the term inal charge are calculated by the Departm ent of Transportation and are reviewed se mi-annually. The followi ng chart sets forth the termi- nal charge a nd SIFL mileage rates: Period During Which the Flight Is Taken Terminal Charge SIFL Mileage Rates 7/1/10 – 12/31/10 $41.00 Up to 500 miles = $.2243 per mile 501–1500 mi les = $.1710 per mile Over 1500 miles = $.1644 per mile DRAFTING IN FORMATION The princip al author of this revenue ruling is Ka thleen Edmondson of the Office of Di vision Counsel/Associate Chief Coun sel (Tax Exempt/Govern- ment Entit ies). For further information regarding this revenue ruling, contact Ms. Edmond son at (202) 622–0047 (not a toll-fre e call). Section 105.—Amounts Received Under Accident and Health Plans Revenue ruling obsoleted.This ruling obsoletes Rev. Rul. 2003–102, 2003–2 C.B. 559, which provides guidance on em- ployer reimbursements of amounts paid by an employee to purchase nonprescription medicines or drugs. Rev. Rul. 2010–23 Rev. Rul. 2003–102, 2003–2 C.B. 559, holds that reimbursements by the em- ployer of amounts expended for medicines or drugs ava ilable without a prescription are excluda ble from gross income under §105(b). Section 900 3 of the Patient Protec- tion and Aff ordable Care Act (Afford- able Care A ct), Pub. L. No. 111–148 (March 23, 2010), adds § 106(f) and amends §§ 2 23(d)(2)(A) and 220(d)(2)(A). These sect ions revise the definition of medical e xpenses after December 31, 2010, and apply to health flexible spending arrangem ents, health reimbursement arrangem ents, Health Savings Accounts, and Arche r Medical Savings Accounts. These se ctions provide that a medicine or adrugsh all be treated as medical expenses only if s uch medicine or drug is prescribed (regard less of whether the medicine or drug req uires a prescription). Because the defini tion of medical expenses has been change d, the Internal Revenue Service has con cluded that the ruling position stated in Rev. Rul. 2003–102 is no longer determinative. Accordingly, Rev. Rul. 20 03–102 is declared obsolete as of the ef fective date of section 9003 of the Affor dable Care Act. DRAFTING IN FORMATION The princip al author of this revenue rul- ing is Robin Ehrenberg of the Office of Division C ounsel/Associate Chief Coun- sel (Tax Ex empt & Government Entities). For furthe r information regarding this rev- enue rulin g, contact Ms. Ehrenberg at (202) 622 –6080 (not a toll-free call). Section 6621.—Determina- tion of Rate of Interest 26 CFR 301.6621–1: Interest rate. Interest rates; underpayments and overpayments.The rates for interest de- termined under section 6621 of the Code for the calendar quarter beginning Octo- ber 1, 2010, will be 4 percent for over- payments (3 percent in the case of a cor- poration), 4 percent for underpayments, and 6 percent for large corporate underpay- ments. The rate of interest paid on the por- tion of a corporate overpayment exceeding $10,000 will be 1.5 percent. 2010–39 I.R.B.388September 27, 2010 Rev. Rul. 2010–21 Section 6621 of the Internal Revenue Code establishes the rates for interest on tax overpayments and tax underpay- ments. Under section 6621(a)(1), the overpayment rate is the sum of the federal short-term rate plus 3 percentage points (2 percentage points in the case of a cor- poration), except the rate for the portion of a corporate overpayment of tax exceed- ing $10,000 for a taxable period is the sum of the federal short-term rate plus 0.5 of a percentage point. Under section 6621(a)(2), the underpayment rate is the sum of the federal short-term rate plus 3 percentage points. Section 6621(c) provides that for pur- poses of interest payable under section 6601 on any large corporate underpay- ment, the underpayment rate under section 6621(a)(2) is determined by substituting “5 percentage points” for “3 percentage points.” See section 6621(c) and section 301.6621–3 of the Regulations on Proce- dure and Administration for the definition of a large corporate underpayment and for the rules for determining the appli- cable date. Section 6621(c) and section 301.6621–3 are generally effective for periods after December 31, 1990. Section 6621(b)(1) provides that the Secretary will determine the federal short-term rate for the first month in each calendar quarter. Section 6621(b)(2)(A) provides that the federal short-term rate determined under section 6621(b)(1) for any month applies during the first calen- dar quarter beginning after that month. Section 6621(b)(3) provides that the fed- eral short-term rate for any month is the federal short-term rate determined during that month by the Secretary in accordance with section 1274(d), rounded to the near- est full percent (or, if a multiple of 1 /2of 1 percent, the rate is increased to the next highest full percent). Notice 88–59, 1988–1 C.B. 546, an- nounced that, in determining the quarterly interest rates to be used for overpayments and underpayments of tax under section 6621, the Internal Revenue Service will use the federal short-term rate based on daily compounding because that rate is most consistent with section 6621 which, pursuant to section 6622, is subject to daily compounding. The federal short-term rate determined in accordance with section 1274(d) dur- ing July 2010 is the rate published in Rev- enue Ruling 2010–19, 2010–31 I.R.B. 174 to take effect beginning August 1, 2010. The federal short-term rate, rounded to the nearest full percent, based on daily com- pounding determined during the month of July 2010 is 1 percent. Accordingly, an overpayment rate of 4 percent (3 percent in the case of a corporation) and an under- payment rate of 4 percent are established for the calendar quarter beginning October 1, 2010. The overpayment rate for the por- tion of a corporate overpayment exceeding $10,000 for the calendar quarter beginning October 1, 2010, is 1.5 percent. The un- derpayment rate for large corporate under- payments for the calendar quarter begin- ning October 1, 2010, is 6 percent. These rates apply to amounts bearing interest dur- ing that calendar quarter. Interest factors for daily compound in- terest for annual rates of 1.5 percent, 3 per- cent, 4 percent, and 6 percent are published in Tables 8, 11, 13, and 17 of Rev. Proc. 95–17, 1995–1 C.B. 556, 562, 565, 567, and 571. Annual interest rates to be compounded daily pursuant to section 6622 that apply for prior periods are set forth in the tables accompanying this revenue ruling. DRAFTING INFORMATION The principal author of this revenue rul- ing is Deborah Colbert-James of the Of- fice of Associate Chief Counsel (Proce- dure & Administration). For further infor- mation regarding this revenue ruling, con- tact Ms. Colbert-James at (202) 622–8143 (not a toll-free call). TABLE OF INTEREST RATES PERIODS BEFORE JUL. 1, 1975 — PERIODS ENDING DEC. 31, 1986 OVERPAYMENTS AND UNDERPAYMENTS PERIODRATE In 1995–1 C.B. DAILY RATE TABLE Before Jul. 1, 1975 6% Table 2, pg. 557 Jul. 1, 1975—Jan. 31, 1976 9% Table 4, pg. 559 Feb. 1, 1976—Jan. 31, 19787% Table 3, pg. 558 Feb. 1, 1978—Jan. 31, 19806% Table 2, pg. 557 Feb. 1, 1980—Jan. 31, 198212% Table 5, pg. 560 Feb. 1, 1982—Dec. 31, 198220% Table 6, pg. 560 Jan. 1, 1983—Jun. 30, 198316% Table 37, pg. 591 Jul. 1, 1983—Dec. 31, 198311% Table 27, pg. 581 Jan. 1, 1984—Jun. 30, 198411% Table 75, pg. 629 Jul. 1, 1984—Dec. 31, 198411% Table 75, pg. 629 Jan. 1, 1985—Jun. 30, 1985 13% Table 31, pg. 585 Jul. 1, 1985—Dec. 31, 1985 11% Table 27, pg. 581 Jan. 1, 1986—Jun. 30, 198610% Table 25, pg. 579 Jul. 1, 1986—Dec. 31, 19869% Table 23, pg. 577 September 27, 20103892010–39 I.R.B. TABLE OF INTEREST RATES FROM JAN. 1, 1987 — DEC. 31, 1998 OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Jan. 1, 1987—Mar. 31, 19878%21 575 9%23 577 Apr. 1, 1987—Jun . 30, 1987 8%21 575 9%23 577 Jul. 1, 1987—Sep. 30, 19878%21 575 9%23 577 Oct. 1, 1987—Dec. 31, 19879%23 577 10% 25579 Jan. 1, 1988—Ma r. 31, 1988 10%7362711% 75 629 Apr. 1, 1988—Jun. 30, 19889%71 625 10%73627 Jul. 1, 1988—Sep. 30, 19889%71 625 10%73627 Oct. 1, 1988—D ec. 31, 1988 10%7362711% 75 629 Jan. 1, 1989—Mar. 31, 198910% 25579 11%27 581 Apr. 1, 1989—Jun. 30, 198911%27 581 12%29 583 Jul. 1, 1989— Sep. 30, 1989 11%27 581 12%29 583 Oct. 1, 1989—Dec. 31, 198910% 25579 11%27 581 Jan. 1, 1990—Mar. 31, 199010% 25579 11%27 581 Apr. 1, 1990 —Jun. 30, 1990 10% 25579 11%27 581 Jul. 1, 1990—Sep. 30, 199010% 25579 11%27 581 Oct. 1, 1990—Dec. 31, 199010% 25579 11%27 581 Jan. 1, 199 1—Mar. 31, 1991 10% 25579 11%27 581 Apr. 1, 1991—Jun. 30, 19919%23 577 10% 25579 Jul. 1, 1991—Sep. 30, 19919%23 577 10% 25579 Oct. 1, 19 91—Dec. 31, 1991 9%23 577 10% 25579 Jan. 1, 1992—Mar. 31, 19928%696239%71 625 Apr. 1, 1992—Jun. 30, 19927%676218%69623 Jul. 1, 1 992—Sep. 30, 1992 7%676218%69623 Oct. 1, 1992—Dec. 31, 19926% 65 6197%67621 Jan. 1, 1993—Mar. 31, 19936%17 571 7%19 573 Apr. 1, 1993—Jun. 30, 1993 6%17 571 7%19 573 Jul. 1, 1993—Sep. 30, 19936%17 571 7%19 573 Oct. 1, 1993—Dec. 31, 19936%17 571 7%19 573 Jan. 1, 1994—Mar. 31, 1994 6%17 571 7%19 573 Apr. 1, 1994—Jun. 30, 19946%17 571 7%19 573 Jul. 1, 1994—Sep. 30, 19947%19 573 8%21 575 Oct. 1 , 1994—Dec. 31, 1994 8%21 575 9%23 577 Jan. 1, 1995—Mar. 31, 1995 8%21 575 9%23 577 Apr. 1, 1995—Jun. 30, 1995 9%23 577 10% 25579 Jul. 1, 1995—Sep. 30, 1995 8%21 575 9%23 577 Oct. 1, 1995—Dec. 31, 1995 8%21 575 9%23 577 Jan. 1, 1996—Mar. 31, 19968%696239%71 625 Apr . 1, 1996—Jun. 30, 1996 7%676218%69623 Jul. 1, 1996—Sep. 30, 19968%696239%71 625 Oct. 1, 1996—Dec. 31, 19968%696239%71 62 5 Ja n. 1, 1997—Mar. 31, 1997 8%21 575 9%23 577 Apr. 1, 1997—Jun. 30, 19978%21 575 9%23 577 Jul. 1, 1997—Sep. 30, 19978%21 57 5 9%23 57 7 Oc t. 1, 1997—Dec. 31, 1997 8%21 575 9%23 577 Jan. 1, 1998—Mar. 31, 19988%21 575 9%23 577 Apr. 1, 1998—Jun. 30, 19987%19 5 73 8%21 5 75 J ul. 1, 1998—Sep. 30, 1998 7 % 1 9 573 8 % 2 1 575 Oct. 1, 1998—Dec. 31, 19987%19 573 8%21 575 2010–39 I.R.B.390September 27, 2010 TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT NONCORPORATE OVERPAYMENTS AND UNDERPAYMENTS 1995–1 C.B. RATETABLEPG Jan. 1, 1999—Mar. 31, 19997%19 573 Apr. 1, 1999—Jun. 30, 19998%21 575 Jul. 1, 1999—Sep. 30, 19998%21 575 Oct. 1, 1999—Dec. 31, 19998%21 575 Jan. 1, 2000—Mar. 31, 20008%69623 Apr. 1, 2000—Jun. 30, 20009%71 625 Jul. 1, 2000—Sep. 30, 20009%71 625 Oct. 1, 2000—Dec. 31, 20009%71 625 Jan. 1, 2001—Mar. 31, 20019%23 577 Apr. 1, 2001—Jun. 30, 20018%21 575 Jul. 1, 2001—Sep. 30, 20017%19 573 Oct. 1, 2001—Dec. 31, 20017%19 573 Jan. 1, 2002—Mar. 31, 20026%17 571 Apr. 1, 2002—Jun. 30, 20026%17 571 Jul. 1, 2002—Sep. 30, 20026%17 571 Oct. 1, 2002—Dec. 31, 20026%17 571 Jan. 1, 2003—Mar. 31, 2003 5%15569 Apr. 1, 2003—Jun. 30, 2003 5%15569 Jul. 1, 2003—Sep. 30, 2003 5%15569 Oct. 1, 2003—Dec. 31, 20034%13 567 Jan. 1, 2004—Mar. 31, 20044%61 615 Apr. 1, 2004—Jun. 30, 2004 5% 63617 Jul. 1, 2004—Sep. 30, 20044%61 615 Oct. 1, 2004—Dec. 31, 2004 5% 63617 Jan. 1, 2005—Mar. 31, 20055%15569 Apr. 1, 2005—Jun. 30, 2005 6%17 571 Jul. 1, 2005—Sep. 30, 2005 6%17 571 Oct. 1, 2005—Dec. 31, 2005 7%19 573 Jan. 1, 2006—Mar. 31, 20067%19 573 Apr. 1, 2006—Jun. 30, 20067%19 573 Jul. 1, 2006—Sep. 30, 20068%21 575 Oct. 1, 2006—Dec. 31, 20068%21 575 Jan. 1, 2007—Mar. 31, 20078%21 575 Apr. 1, 2007—Jun. 30, 20078%21 575 Jul. 1, 2007—Sep. 30, 20078%21 575 Oct. 1, 2007—Dec. 31, 20078%21 575 Jan. 1, 2008—Mar. 31, 20087%67621 Apr. 1, 2008—Jun. 30, 20086% 65 619 Jul. 1, 2008—Sep. 30, 2008 5% 63617 Oct. 1, 2008—Dec. 31, 20086% 65 619 Jan. 1, 2009—Mar. 31, 2009 5%15569 Apr. 1, 2009—Jun. 30, 20094%13 567 Jul. 1, 2009—Sep. 30, 20094%13 567 Oct. 1, 2009—Dec. 31, 20094%13 567 Jan. 1, 2010—Mar. 31, 20104%13 567 Apr. 1, 2010—Jun. 30, 20104%13 567 Jul. 1, 2010—Sep. 30, 20104%13 567 Oct. 1, 2010—Dec. 31, 20104%13 567 September 27, 20103912010–39 I.R.B. TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT CORPORATE OVERPAYMENTS AND UNDERPAYMENTS OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Jan. 1, 1999—Mar. 31, 19996%17 571 7%19 573 Apr. 1, 1999—Jun. 30, 19997%19 573 8%21 575 Jul. 1, 1999—Sep. 30, 19997%19 573 8%21 575 Oct. 1, 1999—Dec. 31, 19997%19 573 8%21 575 Jan. 1, 2000—Mar. 31, 20007%676218%69623 Apr. 1, 2000—Jun. 30, 20008%696239%71 625 Jul. 1, 2000—Sep. 30, 20008%696239%71 625 Oct. 1, 2000—Dec. 31, 20008%696239%71 625 Jan. 1, 2001—Mar. 31, 20018%21 575 9%23 577 Apr. 1, 2001—Jun. 30, 20017%19 573 8%21 575 Jul. 1, 2001—Sep. 30, 20016%17 571 7%19 573 Oct. 1, 2001—Dec. 31, 20016%17 571 7%19 573 Jan. 1, 2002—Mar. 31, 2002 5%15569 6%17 571 Apr. 1, 2002—Jun. 30, 2002 5%15569 6%17 571 Jul. 1, 2002—Sep. 30, 2002 5%15569 6%17 571 Oct. 1, 2002—Dec. 31, 2002 5%15569 6%17 571 Jan. 1, 2003—Mar. 31, 20034%13 5675%15569 Apr. 1, 2003—Jun. 30, 20034%13 5675%15569 Jul. 1, 2003—Sep. 30, 20034%13 5675%15569 Oct. 1, 2003—Dec. 31, 20033%11 565 4%13 567 Jan. 1, 2004—Mar. 31, 20043% 59 6134%61 615 Apr. 1, 2004—Jun. 30, 20044%61 6155% 63617 Jul. 1, 2004—Sep. 30, 20043% 59 6134%61 615 Oct. 1, 2004—Dec. 31, 20044%61 6155% 63617 Jan. 1, 2005—Mar. 31, 2005 4%13 5675%15569 Apr. 1, 2005—Jun. 30, 20055%15569 6%17 571 Jul. 1, 2005—Sep. 30, 20055%15569 6%17 571 Oct. 1, 2005—Dec. 31, 2005 6%17 571 7%19 573 Jan. 1, 2006—Mar. 31, 20066%17 571 7%19 573 Apr. 1, 2006—Jun. 30, 20066%17 571 7%19 573 Jul. 1, 2006—Sep. 30, 20067%19 573 8%21 575 Oct. 1, 2006—Dec. 31, 20067%19 573 8%21 575 Jan. 1, 2007—Mar. 31, 20077%19 573 8%21 575 Apr. 1, 2007—Jun. 30, 20077%19 573 8%21 575 Jul. 1, 2007—Sep. 30, 20077%19 573 8%21 575 Oct. 1, 2007—Dec. 31, 20077%19 573 8%21 575 Jan. 1, 2008—Mar. 31, 20086% 65 6197%67621 Apr. 1, 2008—Jun. 30, 2008 5% 636176% 65 619 Jul. 1, 2008—Sep. 30, 20084%61 6155% 63617 Oct. 1, 2008—Dec. 31, 2008 5% 636176% 65 619 Jan. 1, 2009—Mar. 31, 20094%13 5675%15569 Apr. 1, 2009—Jun. 30, 20093%11 565 4%13 567 Jul. 1, 2009—Sep. 30, 20093%11 565 4%13 567 Oct. 1, 2009—Dec. 31, 20093%11 565 4%13 567 Jan. 1, 2010—Mar. 31, 20103%11 565 4%13 567 Apr. 1, 2010—Jun. 30, 20103%11 565 4%13 567 Jul. 1, 2010—Sep. 30, 20103%11 565 4%13 567 Oct. 1, 2010—Dec. 31, 20103%11 565 4%13 567 2010–39 I.R.B.392September 27, 2010 TABLE OF INTEREST RATES FOR LARGE CORPORATE UNDERPAYMENTS FROM JANUARY 1, 1991 — PRESENT 1995–1 C.B. RATETABLEPG Jan. 1, 1991—Mar. 31, 199113%31 585 Apr. 1, 1991—Jun. 30, 199112%29 583 Jul. 1, 1991—Sep. 30, 199112%29 583 Oct. 1, 1991—Dec. 31, 199112%29 583 Jan. 1, 1992—Mar. 31, 199211% 75 629 Apr. 1, 1992—Jun. 30, 199210%73627 Jul. 1, 1992—Sep. 30, 199210%73627 Oct. 1, 1992—Dec. 31, 19929%71 625 Jan. 1, 1993—Mar. 31, 19939%23 577 Apr. 1, 1993—Jun. 30, 19939%23 577 Jul. 1, 1993—Sep. 30, 19939%23 577 Oct. 1, 1993—Dec. 31, 19939%23 577 Jan. 1, 1994—Mar. 31, 19949%23 577 Apr. 1, 1994—Jun. 30, 19949%23 577 Jul. 1, 1994—Sep. 30, 199410% 25579 Oct. 1, 1994—Dec. 31, 199411%27 581 Jan. 1, 1995—Mar. 31, 1995 11%27 581 Apr. 1, 1995—Jun. 30, 1995 12%29 583 Jul. 1, 1995—Sep. 30, 1995 11%27 581 Oct. 1, 1995—Dec. 31, 1995 11%27 581 Jan. 1, 1996—Mar. 31, 199611% 75 629 Apr. 1, 1996—Jun. 30, 199610%73627 Jul. 1, 1996—Sep. 30, 199611% 75 629 Oct. 1, 1996—Dec. 31, 199611% 75 629 Jan. 1, 1997—Mar. 31, 199711%27 581 Apr. 1, 1997—Jun. 30, 199711%27 581 Jul. 1, 1997—Sep. 30, 199711%27 581 Oct. 1, 1997—Dec. 31, 199711%27 581 Jan. 1, 1998—Mar. 31, 199811%27 581 Apr. 1, 1998—Jun. 30, 199810% 25579 Jul. 1, 1998—Sep. 30, 199810% 25579 Oct. 1, 1998—Dec. 31, 199810% 25579 Jan. 1, 1999—Mar. 31, 19999%23 577 Apr. 1, 1999—Jun. 30, 199910% 25579 Jul. 1, 1999—Sep. 30, 199910% 25579 Oct. 1, 1999—Dec. 31, 199910% 25579 Jan. 1, 2000—Mar. 31, 200010%73627 Apr. 1, 2000—Jun. 30, 200011% 75 629 Jul. 1, 2000—Sep. 30, 200011% 75 629 Oct. 1, 2000—Dec. 31, 200011% 75 629 Jan. 1, 2001—Mar. 31, 200111%27 581 Apr. 1, 2001—Jun. 30, 200110% 25579 Jul. 1, 2001—Sep. 30, 20019%23 577 Oct. 1, 2001—Dec. 31, 20019%23 577 Jan. 1, 2002—Mar. 31, 20028%21 575 Apr. 1, 2002—Jun. 30, 20028%21 575 Jul. 1, 2002—Sep. 30, 20028%21 575 Oct. 1, 2002—Dec. 30, 20028%21 575 Jan. 1, 2003—Mar. 31, 20037%19 573 Apr. 1, 2003—Jun. 30, 20037%19 573 Jul. 1, 2003—Sep. 30, 20037%19 573 Oct. 1, 2003—Dec. 31, 20036%17 571 Jan. 1, 2004—Mar. 31, 20046% 65 619 Apr. 1, 2004—Jun. 30, 20047%67621 Jul. 1, 2004—Sep. 30, 20046% 65 619 Oct. 1, 2004—Dec. 31, 20047%67621 September 27, 20103932010–39 I.R.B. TABLE OF INTEREST RATES FOR LARGE CORPORATE UNDERPAYMENTS FROM JANUARY 1, 1991 — PRESENT – Continued 1995–1 C.B. RATETABLEPG Jan. 1, 2005—Mar. 31, 2005 7%19 573 Apr. 1, 2005—Jun. 30, 2005 8%21 575 Jul. 1, 2005—Sep. 30, 2005 8%21 575 Oct. 1, 2005—Dec. 31, 2005 9%23 577 Jan. 1, 2006—Mar. 31, 20069%23 577 Apr. 1, 2006—Jun. 30, 20069%23 577 Jul. 1, 2006—Sep. 30, 200610% 25579 Oct. 1, 2006—Dec. 31, 200610% 25579 Jan. 1, 2007—Mar. 31, 200710% 25579 Apr. 1, 2007—Jun. 30, 200710% 25579 Jul. 1, 2007—Sep. 30, 200710% 25579 Oct. 1, 2007—Dec. 31, 200710% 25579 Jan. 1, 2008—Mar. 31, 20089%71 625 Apr. 1, 2008—Jun. 30, 20088%69623 Jul. 1, 2008—Sep. 30, 20087%67621 Oct. 1, 2008—Dec. 31, 20088%69623 Jan. 1, 2009—Mar. 31, 20097%19 573 Apr. 1, 2009—Jun. 30, 20096%17 571 Jul. 1, 2009—Sep. 30, 20096%17 571 Oct. 1, 2009—Dec. 31, 20096%17 571 Jan. 1, 2010—Mar. 31, 20106%17 571 Apr. 1, 2010—Jun. 30, 20106%17 571 Jul. 1, 2010—Sep. 30, 20106%17 571 Oct. 1, 2010—Dec. 31, 20106%17 571 TABLE OF INTEREST RATES FOR CORPORATE OVERPAYMENTS EXCEEDING $10,000 FROM JANUARY 1, 1995 — PRESENT 1995–1 C.B. RATETABLEPG Jan. 1, 1995—Mar. 31, 19956.5% 18 572 Apr. 1, 1995—Jun. 30, 19957.5% 20 574 Jul. 1 , 1995—Sep. 30, 1995 6.5% 18 572 Oct. 1, 1995—Dec. 31, 19956.5% 18 572 Jan. 1, 1996—Mar. 31, 1996 6.5% 66620 Apr. 1, 1996—Jun. 30, 1996 5.5% 64618 Jul. 1, 1996—Sep. 30, 1996 6.5% 66620 Oct. 1, 1996—Dec. 31, 1996 6.5% 66620 Jan. 1, 1997—Mar. 31, 1997 6.5 % 18 572 Apr . 1, 1997—Jun. 30, 1997 6.5% 18 572 Jul. 1, 1997—Sep. 30, 1997 6.5% 18 572 Oct. 1, 1997—Dec. 31, 1997 6. 5% 18 57 2 Ja n. 1, 1998—Mar. 31, 1998 6.5% 18 572 Apr. 1, 1998—Jun. 30, 1998 5.5% 16 570 Jul. 1, 1998—Sep. 30, 1998 5. 5% 16 57 0 Oc t. 1, 1998—Dec. 31, 1998 5.5% 16 570 Jan. 1, 1999—Mar. 31, 1999 4.5% 14 568 Apr. 1, 1999—Jun. 30, 1999 5 .5% 16 5 70 J ul. 1, 1999—Sep. 30, 1999 5.5% 1 6 570 Oct. 1, 1999—Dec. 31, 1999 5.5% 16 570 Jan. 1, 2000—Mar. 31, 2000 5.5% 64618 Apr. 1, 2000—Jun. 30, 2000 6.5% 66620 Jul. 1, 2000—Sep. 30, 2000 6.5% 66620 2010–39 I.R.B.394September 27, 2010 TABLE OF INTEREST RATES FOR CORPORATE OVERPAYMENTS E XCEEDING $10,000 FROM JANUARY 1, 1995 — PRESENT – Continued 1995–1 C.B. RATETABLEPG Oct. 1, 2000—Dec. 31, 2000 6.5% 66620 Jan. 1, 2001—Ma r. 31, 2001 6.5% 18 572 Apr. 1, 2001—Jun. 30, 2001 5.5% 16 570 Jul. 1, 2001—Sep. 30, 2001 4.5% 14 568 Oct. 1, 2001— Dec. 31, 2001 4.5% 14 568 Jan. 1, 2002—Mar. 31, 2002 3.5% 12 566 Apr. 1, 2002—Jun. 30, 2002 3.5% 12 566 Jul. 1, 2002— Sep. 30, 2002 3.5% 12 566 Oct. 1, 2002—Dec. 31, 2002 3.5% 12 566 Jan. 1, 2003—Mar. 31, 2003 2.5% 10 564 Apr. 1, 2003 —Jun. 30, 2003 2.5% 10 564 Jul. 1, 2003—Sep. 30, 2003 2.5% 10 564 Oct. 1, 2003—Dec. 31, 2003 1.5% 8 562 Jan. 1, 200 4—Mar. 31, 2004 1.5%56 610 Apr. 1, 2004—Jun. 30, 2004 2.5%58 612 Jul. 1, 2004—Sep. 30, 2004 1.5%56 610 Oct. 1, 20 04—Dec. 31, 2004 2.5%58 612 Jan. 1, 2005—Mar. 31, 20052.5% 10 564 Apr. 1, 2 005—Jun. 30, 2005 3.5% 12 566 Jul. 1, 2005—Sep. 30, 20053.5% 12 566 Oct. 1, 2005—Dec. 31, 20054.5% 14 568 Jan. 1, 2006—Mar. 31, 2006 4.5% 14 568 Apr. 1, 2006—Jun. 30, 2006 4.5% 14 568 Jul. 1, 2006—Sep. 30, 2006 5.5% 16 570 Oct. 1, 2006—Dec. 31, 2006 5.5% 16 570 Jan. 1 , 2007—Mar. 31, 2007 5.5% 16 570 Apr. 1, 2007—Jun. 30, 2007 5.5% 16 570 Jul. 1, 2007—Sep. 30, 2007 5.5% 16 570 Oct. 1, 2007—Dec. 31, 2007 5.5% 16 570 Jan. 1, 2008—Mar. 31, 2008 4.5% 62616 Apr. 1, 2008—Jun. 30, 2008 3.5% 60614 Jul . 1, 2008—Sep. 30, 2008 2.5%58 612 Oct. 1, 2008—Dec. 31, 2008 3.5% 60614 Jan. 1, 2009—Mar. 31, 2009 2.5 % 10 564 Apr . 1, 2009—Jun. 30, 2009 1.5% 8 562 Jul. 1, 2009—Sep. 30, 2009 1.5% 8 562 Oct. 1, 2009—Dec. 31, 2009 1. 5% 8 56 2 Ja n. 1, 2010—Mar. 31, 2010 1.5% 8 562 Apr. 1, 2010—Jun. 30, 2010 1.5% 8 562 Jul. 1, 2010—Sep. 30, 2010 1 .5% 8 5 62 O ct. 1, 2010—Dec. 31, 2010 1.5% 8 562 September 27, 20103952010–39 I.R.B. Part III. Administrative, Procedural, and Miscellaneous Section 105 — Amounts Received Under Accident and Health Plans, Section 106 — Contributions by Employers to Accident and Health Plans, Section 125 — Cafeteria Plans, Section 220 — Archer MSAs, Section 223 — Health Savings Accounts Notice 2010–59 I. PURPOSE This notice provides guidance on § 9003 of the Patient Protection and Affordable Care Act (Affordable Care Act), Pub. L. No. 111–148, enacted March 23, 2010, which revises the defi- nition of medical expenses as it relates to over-the-counter drugs. Section 9003 gen- erally applies after December 31, 2010. II. BACKGROUND Section 9003 of the Affordable Care Act adds new § 106(f) of the Internal Rev- enue Code, which revises the definition of medical expenses for employer-pro- vided accident and health plans, including health flexible spending arrangements (health FSAs) and health reimbursement arrangements (HRAs). Section 9003 also revises the definition of qualified medical expenses for Health Savings Accounts (HSAs) and Archer Medical Savings Ac- counts (Archer MSAs). III. PAYMENT OR REIMBURSEMENT OF MEDICINES OR DRUGS RESTRICTED TO PRESCRIBED DRUGS, INSULIN, AND OVER-THE-COUNTER DRUGS THAT ARE PRESCRIBED Section 106 provides that the gross in- come of an employee does not include em- ployer-provided coverage under an acci- dent or health plan. Section 105(b) gen- erally provides that the gross income of an employee does not include amounts paid as reimbursements for medical care under an employer-provided accident or health plan. New § 106(f), as added by the Af- fordable Care Act, provides that, for pur- poses of §§ 106 and 105, beginning af- ter December 31, 2010, expenses incurred for a medicine or a drug shall be treated as a reimbursement for medical expenses only if such medicine or drug is a pre- scribed drug (determined without regard to whether such drug is available without a prescription) or is insulin. Thus, un- der new § 106(f), expenses incurred for medicines or drugs may be paid or re- imbursed by an employer-provided plan, including a health FSA or HRA, only if (1) the medicine or drug requires a pre- scription, (2) is available without a pre- scription (an over-the-counter medicine or drug) and the individual obtains a pre- scription, or (3) is insulin. Expenses in- curred for over-the-counter medicines or drugs purchased without a prescription be- fore January 1, 2011 may be reimbursed tax-free at any time, pursuant to the terms of the employer’s plan. The Affordable Care Act also amends § 223(d)(2)(A) withrespect to HSAs and § 220(d)(2)(A) with respect to Archer MSAs, to provide that for amounts paid after December 31, 2010, a distribu- tionfromanHSAorArcherMSAfora medicine or drug is a tax-free qualified medical expense only if the medicine or drug is a prescribed drug (determined without regard to whether such drug is available without a prescription) or is in- sulin. Thus, under new § 223(d)(2)(A) and new § 220(d)(2)(A), a distribution fromanHSAoranArcherMSAfora medicine or drug is a tax-free qualified medical expense only if (1) the medicine or drug requires a prescription, (2) is an over-the-counter medicine or drug and the individual obtains a prescription, or (3) is insulin. If amounts are distributed from an HSA or Archer MSA for any medicine or drug which does not satisfy this require- ment, the amounts will be distributions for nonqualified medical expenses, which are includable in gross income and gen- erally subject to a 20 percent additional tax. This change does not affect HSA or Archer MSA distributions for medicines or drugs made before January 1, 2011, nor does it affect distributions made af- ter December 31, 2010, for medicines or drugs purchased on or before that date. See Revenue Ruling 2003–102, 2003–2 C.B. 559. Section 213(d)(3) defines a prescribed drug as a drug or biological that requires a prescription of a physician for its use by an individual. In contrast, under §§ 106(f), 223(d)(2)(A) and 220(d)(2)(A), an indi- vidual may be reimbursed for over-the- counter medicines or drugs, so long as the individual obtains a prescription for the medicines or drugs. For purposes of §§ 106(f), 223(d)(2)(A) and 220(d)(2)(A) only, a “prescription” means a written or electronic order for amedicine or drug that meets the legal requirements of a prescrip- tion in the state in which the medical ex- pense is incurred and that is issued by an individual who is legally authorized to is- sue a prescription in that state. The rules in §§ 106(f), 223(d)(2)(A) and 220(d)(2)(A) do not apply to items that are not medicines or drugs, includ- ing equipment such ascrutches, supplies such as bandages, anddiagnostic devices such as blood sugar test kits. Such items may qualify as medical care if they other- wise meet the definition of medical care in § 213(d)(1), which includes expenses for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body. However, expenses for items that are merely beneficial to the general health of an individual, such as an expenditure for a vacation, are not expenses for medical care. Treas. Reg. § 1.213–1(e)(1)(ii). IV.HEALTHFSAANDHRADEBIT CARDS AND OVER-THE-COUNTER DRUG EXPENSES The current rules for use of health FSA or HRA debit cards are set forth in Prop. Treas. Reg. § 1.125–6 and in Rev. Rul. 2003–43, 2003–1 C.B. 935; Notice 2006–69, 2006–2 C.B. 107; Notice 2007–2, 2007–1 C.B. 254; and Notice 2008–104, 2008–2 C.B. 1298. Current debit card systems are not capable of substantiating compliance with new § 106(f), which is effective for expenses incurred after December 31, 2010, with respect to over-the-counter medicines or drugs because the systems are inca- pable of recognizing and substantiating that the medicines or drugs were pre- 2010–39 I.R.B.396September 27, 2010 scribed. Therefore, except as provided below, for expenses incurred on and af- ter January 1, 2011, health FSA and HRA debit cards may not be used to purchase over-the-counter medicines or drugs. Notwithstanding the preceding sen- tence, in order to facilitate the significant changes to existing systems necessary to reflect the statutory change, the IRS will not challenge the use of health FSA and HRA debit cards for expenses incurred through January 15, 2011 if the use of the debit cards complies with the guidance specified in the first sentence of this para- graph. However, on and after January 16, 2011, over-the-counter medicine or drug purchases at all providers and merchants (whether or not they have an inventory information approval system (IIAS)) must be substantiated before reimbursement may be made. Substantiation is accom- plished by submitting the prescription (or a copy of the prescription or other doc- umentation that a prescription has been issued) for the over-the-counter medicine or drug, and other information from an independent third party that satisfies the requirements under Prop. Treas. Reg. § 1.125–6(b)(3)(i). Thus, for example, a customer receipt issued by a pharmacy which identifies the name of the purchaser (or the name of the person for whom the prescription applies), the date and amount of the purchase and an Rx number sat- isfies the substantiation requirements for over-the-counter medicines or drugs, as does a receipt without an Rx number accompanied by a copy of the related pre- scription. Debit cards may continue to be used for medical expenses other than over-the-counter medicines or drugs. Notice 2007–2 provides that health FSA and HRA debit cards may be used at a pharmacy that does not have an IIAS if 90 percent of the store’s gross receipts dur- ing the prior taxable year consists of items which qualify as expenses for medical care under § 213(d). Until further guidance is issued, debit cards may be used at a pharmacy that satisfies the 90-percent test to purchase over-the-counter medicines or drugs that have been prescribed, provided that substantiation is properly submitted, in accordance with the terms of the plan, including the prescription (or a copy of the prescription or other documentation that a prescription has beenissued) and other in- formation from an independent third party that satisfies the requirements under Prop. Treas. Reg. § 1.125–6(b)(3)(i). Solely for the purpose of determining whether a pharmacy meets this 90-percent test, sales of over-the-counter medicines and drugs at the pharmacy may continue to be taken into account after December 31, 2010. V. EFFECTIVE DATES For expenses incurred after December 31, 2010, payments or reimbursements for medicines or drugs from an employer-provided accident and health plan, including a health FSA or an HRA,arerestrictedtoprescribeddrugs, insulin, and over-the-counter medicines or drugs that are prescribed. This effective date applies regardless of whether the plan year for the employer’s plan is a fiscal or calendar year or whether there is no plan year (or other coverage period in the case of an HRA), and regardless of any applicable grace period for a health FSA (as provided in Prop. Treas. Reg. § 1.125–1(e)). Tax-free distributions for qualified medical expenses from an HSA or Archer MSA for medicines or drugs pur- chased after December 31, 2010, are restricted to prescribed drugs, insulin, and over-the-counter medicines or drugs that are prescribed. VI. TRANSITION RULE FOR CAFETERIA PLAN AMENDMENTS Cafeteria plans may need to be amended to conform to the new over-the-counter drug requirements. Pur- suant to Prop. Treas. Reg. § 1.125–1(c), cafeteria plan amendments may be effec- tive only prospectively. Notwithstanding the rule against retroactive amendments, an amendment to conform a cafeteria plan to the requirements set forth in this no- tice that is adopted no later than June 30, 2011, may be made effective retroactively for expenses incurred after December 31, 2010 (or after January 15, 2011 for health FSA and HRA debit card purchases). VII. EFFECT ON OTHER DOCUMENTS The IRS intends to amend the regula- tions under §§ 1.105–1, 1.105–2, 1.106–1, 1.125–1 and 1.125–5 to provide for the new definition of medical expenses. Tax- payersmayrelyonthisnoticependingthe issuance of the amended regulations. See also Revenue Ruling 2010–23 in this issue of the Internal Revenue Bulletin, which states that Revenue Ruling 2003–102, 2003–2 C.B. 559, is obsoleted. Also, the following guidance concerning the definition of qualified medical expenses under § 220(d)(2) (Archer MSAs) and § 223(d)(2) (HSAs) is modified: Notice 96–53, Q&A 22, 1996–2 C.B. 219; No- tice 2004–2, Q&A 26, 2004–1 C.B. 269; Notice 2004–50, Q&A 38, 2004–1 C.B. 196; Notice 2008–51, 2008–1 C.B. 1163; and Notice 2008–52, 2008–1 C.B. 1166. Notice 2006–69, 2006–2 C.B. 107, is am- plified. REQUEST FOR COMMENTS The IRS and Treasury invite comments on further guidance that may be needed on § 9003 of the Affordable Care Act (for example, on new designs for debit card systems that could provide substantia- tion that an over-the-counter medicine or drug was prescribed). Comments should be submitted on or before December 27, 2010, and should include a reference to Notice 2010–59. Send submissions to CC:PA:LPD:PR (Notice 2010–59), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand deliveredMonday through Fridaybe- tween the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (Notice 2010–59), Courier’s Desk, Internal Revenue Ser- vice, 1111 Constitution Avenue, NW, Washington, DC 20044, or sent electron- ically, via the following e-mail address: Notice.comments@irscounsel.treas.gov. Please include “Notice 2010–59” in the subject line of any electronic communication. All material submitted will be available for public inspection and copying. DRAFTING INFORMATION The principal author of this notice is Robin Ehrenberg of the Office of Division Counsel/Associate Chief Counsel (Tax Ex- empt and Government Entities). For fur- ther information regarding this notice, con- tact Ms. Ehrenberg at (202) 622–6080 (not a toll-free call). September 27, 20103972010–39 I.R.B. Part IV. Items o fGeneralInterest Announcement of the Results of 2009–10 Allocation Round of the Qualifying Advanced Coal Project Program and the Qualifying Gasification Project Program Announcement 2010–56 This announcement discloses the re- sults of the 2009–10 allocation round under the qualifying advanced coal project program of § 48A and the qualifying gasi- fication project program of § 48B of the Internal Revenue Code. This announce- ment also serves notice to applicants that a 2010–11 allocation round under the qualifying advanced coal project pro- gram is currently openpursuanttoNotice 2009–24, 2009–16 I.R.B. 817. No allo- cation round will be conducted under the qualifying gasification project program. QUALIFYING ADVANCED COAL PROJECT PROGRAM Section 48A provides a qualifying ad- vanced coal project credit in an amount equal to (1) 20 percent of the qualified in- vestment (as defined in § 48A(b)) for that taxable year in qualifying advanced coal projects (as defined in § 48A(c)(1) and (e)) described in § 48A(d)(3)(B)(i), (2) 15 percent of the qualified investment for that taxable year in qualified advanced coal projects described in § 48A(d)(3)(B)(ii), and (3) 30 percent of the qualified in- vestment for that taxable year in qualify- ing advanced coal projects described in § 48A(d)(3)(B)(iii). On April 20, 2009, the Internal Rev- enue Service (“Service”) issued Notice 2009–24 to announce an allocation round for the qualifying advanced coal projects described in § 48A(d)(3)(B)(iii) (“the Phase II advanced coal program”). The Service will certify $1.25 billion of credits to qualifying projects under the Phase II advanced coal program. Section 48A(d)(5) provides that the Secretary shall, upon making a certifica- tion under § 48A(d) or § 48B(d), publicly disclose the identity of the applicant and the amount of the credit certified with respect to such applicant. Section 10.01 of Notice 2009–24 pro- vides that the Service intends to publish the results of the allocation process, and disclose the following information in the event a qualifying advanced coal project credit under § 48A is allocated to the tax- payer’s project: (a) the name of the tax- payer and (b) the amount of the qualify- ing advanced coal project credit allocated to the project. Accordingly, the results of the 2009–10 allocation round under the Phase II ad- vanced coal program are as follows: ProgramTaxpayerAmount of Credit AwardedTotal Credit Awarded § 48A Christian County Generation, LLC $417,000,000 Summit Texas Clean Energy, LLC $313,436,000 Mississippi Power Company $279,000,000 $1,009,436,000 Based on the results shown above, the available credit amount for 2010–11 allocation round under the Phase II ad- vanced coal program is $240,564,000, out of which $103,564,000 is available for advanced coal projects that use sub-bitu- minous coal as a primary feedstock, and $138,000,000 is available for advanced coal projects that use lignite as a primary feedstock. No credit amount is avail- able for advanced coal projects that use bituminous coal as a primary feedstock. The allocation round for 2010–11 will be conducted in the manner and under the procedures as provided under Notice 2009–24. Under the notice, the application period for the 2010–11 allocation round begins on March 2, 2010, and ends on March 1, 2011, and the applications must be submitted to the Department of Energy (DOE) on or before October 31, 2010, and to the Service on or before March 2, 2011. QUALIFYING GASIFICATION PROJECT PROGRAM Section 48B provides that the qualify- ing gasification project credit for a tax- able year is an amount equal to (1) 20 per- cent of the qualified investment (as de- fined in § 48B(b)) for that taxable year in qualifying gasification projects (as de- fined in § 48B(c)(1)) for which the credit is allocated under § 48B(d)(1)(A), and (2) 30 percent of the qualified investment for that taxable year in qualifying gasification projects for which the credit is allocated under § 48B(d)(1)(B). On April 20, 2009, the Service issued Notice 2009–23, 2009–16 I.R.B. 802, to announce an allocation round for the qualifying gasification project program described in § 48B(d)(1)(B) (“the Phase II gasification program”). The Service will certify $250 million of credits to qualify- ing projects under the Phase II gasification program. Section 48B(d)(5) provides that the Secretary shall, upon making a certifica- tion under § 48B(d), publicly disclose the identity of the applicant and the amount of the credit certified with respect to such applicant. Section 10.01 of Notice 2009–23 pro- vides that the Service intends to publish the results of the allocation process, and dis- close the following return information in the event a qualifying gasification project credit under § 48B is allocated to the tax- payer’s project: (a) the name of the tax- payer and (b) the amount of the qualifying gasification project credit allocated to the project. Accordingly, the results of the 2009–10 allocation round under the Phase II gasifi- cation program are as follows: 2010–39 I.R.B.398September 27, 2010 ProgramTaxpayerAmount of Credit AwardedTotal Credit Awarded § 48BFaustina Hydrogen Products $121,660,000 Lake Charles Gasification, LLC $128,340,000 $250,000,000 Because the total credit amount of $250 million was allocated, the Service will not conduct an allocation round in 2010–11 under the Phase II gasification program. DRAFTING INFORMATION The principal author of this announce- ment is Jennifer C. Bernardini of the Office of Associate Chief Counsel (Passthroughs & Special Industries). For further informa- tion regarding this announcement, contact Jennifer C. Bernardini at (202) 622–3110 (not a toll-free call). Deletions From Cumulative List of Organizations Contributions to Which are Deductible Under Section 170 of the Code; Correction Announcement 2010–59 This document contains a correction to Notice 2009–80, 2009–51 I.R.B. 859, which contained an incorrect name. The taxpayer name incorrectly read: “Thorek Hospital & Medical Center in Chicago, IL”. The taxpayer name should have read: “Thorek Hospital & Medical Center Self Insurance Trust Fund in Chicago, IL”. FOR FURTHER INFORMATION CONTACT: Flora McClain 1100 Commerce Street MS 4920DAL Dallas, TX 75242 214–413–5462 September 27, 20103992010–39 I.R.B. Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the ef- fect: Amplifieddescribes a situation where no change is being made in a prior pub- lished position, but the prior position is be- ingextendedtoapplytoavariationofthe fact situation set forth therein. Thus, if an earlier ruling held that a principle ap- plied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare withmodi- fied,below). Clarifiedis used in those instances where the language in a prior ruling is be- ing made clear because the language has caused, or may cause, some confusion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously pub- lished ruling and points out an essential difference between them. Modifiedis used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare withamplifiedandclarified, above). Obsoleteddescribes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rul- ings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revokeddescribes situations where the position in the previously published ruling is not correct and the correct position is beingstatedinanewruling. Supersededdescribes a situation where the new ruling does nothing more than re- state the substance and situation of a previ- ously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same po- sition published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single rul- ing a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new rul- ing does more than restate the substance of a prior ruling, a combination of terms is used. For example,modifiedandsu- persededdescribes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously pub- lished ruling is first modified and then, as modified, is superseded. Supplementedis used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original rul- ing has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the ad- ditions, and supersedes all prior rulings in the series. Suspendedis used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The fol lowing abbreviations in current use and for merly used will appear in material publis hedintheBulletin. A—Individual. Acq.—A cquiescence. B—Individual. BE—Beneficiary. BK—Bank . B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cu mulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Coo perative. Ct.D.—Court Decision. CY—County. D—Decede nt. DC—Dummy Corporation. DE—Donee. Del. Order —Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Emp loyer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduc iary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Fo reign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Fed eral Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grante e. GP—General Partner. GR—Grantor. IC—Insura nce Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—No nacquiescence. O—Organization. P—Parent Corporation. PHC—Persona l Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Pa rtnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Re al Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsi diary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Trans feree. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpay er. TR—Trust. TT—Trustee. U.S.C.—Uni ted States Code. X—Corporation. Y—Corporation. Z—Corporat ion. 2010–39 I.R.B.iSeptember 27, 2010 Numerical Finding List 1 Bulletins 2010–27 through 2010–39 Announcements: 2010-43, 2010-27 I.R.B.42 2010-44, 2010-28 I.R.B.54 2010-45, 2010-29 I.R.B.87 2010-46, 2010-29 I.R.B.87 2010-47, 2010-30 I.R.B.173 2010-48, 2010-32 I.R.B.234 2010-49, 2010-34 I.R.B.272 2010-50, 2010-33 I.R.B.260 2010-51, 2010-33 I.R.B.261 2010-52, 2010-36 I.R.B.315 2010-53, 2010-36 I.R.B.323 2010-54, 2010-38 I.R.B.386 2010-55, 2010-37 I.R.B.346 2010-56, 2010-39 I.R.B.398 2010-57, 2010-38 I.R.B.386 2010-58, 2010-38 I.R.B.387 2010-59, 2010-39 I.R.B.399 Notices: 2010-48, 2010-27 I.R.B.9 2010-49, 2010-27 I.R.B.10 2010-50, 2010-27 I.R.B.12 2010-51, 2010-29 I.R.B.83 2010-52, 2010-30 I.R.B.88 2010-53, 2010-31 I.R.B.182 2010-55, 2010-33 I.R.B.253 2010-56, 2010-33 I.R.B.254 2010-57, 2010-34 I.R.B.267 2010-58, 2010-37 I.R.B.326 2010-59, 2010-39 I.R.B.396 2010-60, 2010-37 I.R.B.329 Proposed Regulations: REG-139343-08, 2010-33 I.R.B.256 REG-151605-09, 2010-31 I.R.B.184 REG-112841-10, 2010-27 I.R.B.41 REG-118412-10, 2010-29 I.R.B.85 REG-120391-10, 2010-35 I.R.B.310 REG-120399-10, 2010-32 I.R.B.239 Revenue Procedures: 2010-25, 2010-27 I.R.B.16 2010-26, 2010-30 I.R.B.91 2010-27, 2010-31 I.R.B.183 2010-28, 2010-34 I.R.B.270 2010-29, 2010-35 I.R.B.309 2010-30, 2010-36 I.R.B.316 2010-32, 2010-36 I.R.B.320 2010-33, 2010-38 I.R.B.347 Revenue Rulings: 2010-18, 2010-27 I.R.B.1 2010-19, 2010-31 I.R.B.174 2010-20, 2010-36 I.R.B.312 2010-21, 2010-39 I.R.B.388 2010-22, 2010-39 I.R.B.388 2010-23, 2010-39 I.R.B.388 Tax Conventions: 2010-48, 2010-32 I.R.B.234 2010-52, 2010-36 I.R.B.315 Treasury Decisions: 9486, 2010-27 I.R.B.3 9487, 2010-28 I.R.B.48 9488, 2010-28 I.R.B.51 9489, 2010-29 I.R.B.55 9490, 2010-31 I.R.B.176 9491, 2010-32 I.R.B.186 9492, 2010-33 I.R.B.242 9493, 2010-35 I.R.B.273 1 A cumulative list of all revenue rulings, revenueprocedures, Treasury decisions, etc., publishedin Internal Revenue Bulletins 2010–1 through 2010–26 is in Internal Revenue Bulletin 2010–26, dated June 28, 2010. September 27, 2010ii2010–39 I.R.B. Finding List of Current Actions on Previously Published Items 1 Bulletins 2010–27 through 2010–39 Notices: 96-53 Modified by Notice 2010-59, 2010-39 I.R.B.396 2003-19 Revoked by Notice 2010-53, 2010-31 I.R.B.182 2004-2 Modified by Notice 2010-59, 2010-39 I.R.B.396 2004-50 Modified by Notice 2010-59, 2010-39 I.R.B.396 2006-69 Amplified by Notice 2010-59, 2010-39 I.R.B.396 2008-51 Modified by Notice 2010-59, 2010-39 I.R.B.396 2008-52 Modified by Notice 2010-59, 2010-39 I.R.B.396 2009-47 Obsoleted by Rev. Proc. 2010-28, 2010-34 I.R.B.270 2009-80 Corrected by Ann. 2010-59, 2010-39 I.R.B.399 Revenue Procedures: 81-18 Obsoleted by Rev. Proc. 2010-27, 2010-31 I.R.B.183 2007-44 Modified by Notice 2010-48, 2010-27 I.R.B.9 2009-18 Obsoleted in part by Rev. Proc. 2010-25, 2010-27 I.R.B.16 2009-30 Superseded by Rev. Proc. 2010-26, 2010-30 I.R.B.91 2009-35 Superseded by Rev. Proc. 2010-33, 2010-38 I.R.B.347 Revenue Rulings: 2003-102 Obsoleted by Rev. Rul. 2010-23, 2010-39 I.R.B.388 Treasury Decisions: 9487 Corrected by Ann. 2010-50, 2010-33 I.R.B.260 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2010–1 through 2010–26 is in Internal Revenue Bulletin 2010–26, dated June 28, 2010. 2010–39 I.R.B.iiiSeptember 27, 2010 INDEX Internal Revenue Bulletins 2010–27 through 2010–39 The abbreviation and number in parenthesis following the index entry refer to the specific item; numbers in roman and italic type following the parenthesis refers to the Internal Revenue 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 Disaster relief, qualified plans (Notice 48) 27,9 Excise taxes on prohibited tax shelter transactions and related provisions (TD 9492) 33,242 Full funding, weighted average interest rates, segment rates for: July 2010 (Notice 52) 30,88 August 2010 (Notice 57) 34,267 Proposed Regulations: 26 CFR 54.9815–1251, added; rules relating to status as grandfathered health plans for group health plans and health insurance coverage (REG–118412–10) 29,85 26 CFR 54.9815–2704, –2711, –2712, –2719A, added; re- quirements for group healthplans and health insurance issuers under the Patient Protection and Affordable Care Act relating to preexisting condition exclusions, lifetime and annual limits, rescissions, and patient protections (REG–120399–10) 32,239 26 CFR 54.9815–2713, added; rules relating to coverage of preventive health services (REG–120391–10) 35,310 Qualified plans: Alternative amortization schedules for single-employer plans under PRA 2010 (Notice 55) 33,253 Special funding rules for multiemployer plans under PRA 2010 (Notice 56) 33,254 Regulations: 26 CFR 1.6033–5, added; 1.6033–5T, removed; 53.4965–1 thru –9, added; 53.6071–1, revised; 53.6071–1T(g) & (h), removed; 54.6011–1, revised; 54.6011–1T(c) & (d), removed; 301.6011(g)–1, added; 301.6033–5, added; 301.6033–5T, removed; 602.101, amended; excise taxes on prohibited tax shelter transactions and related disclo- sure requirements, disclosure requirements with respect to EMPLOYEE PLANS—Cont. prohibited tax shelter transactions, requirement of return and time for filing (TD 9492) 33,242 26 CFR 54.9801–2, –3, amended; 54.9815–2704T, –2711T, –2712T, added; –2719AT, added; 602.101(b), amended; requirements for group healthplans and health insurance issuers under the Patient Protection and Affordable Care Act relating to preexisting condition exclusions, lifetime and annual limits, rescissions, and patient protections (TD 9491) 32,186 26 CFR 54.9815–1251T, added; rules relating to status as grandfathered health plans for group health plans and health insurance coverage (TD 9489) 29,55 26 CFR 54.9815–2713T, added; rules relating to coverage of preventive health services (TD 9493) 35,273 Revocation of Notice 2003-19 (Notice 53) 31,182 Rules relating to coverage of preventive health services (TD 9493) 35,273; (REG–120391–10) 35,310 Rules relating to preexisting condition exclusions, lifetime and annual limits, rescissions, and patient protections (TD 9491) 32,186; (REG–120399–10) 32,239 Rules relating to status as grandfathered health plans for group health plans and health insurance coverage (TD 9489) 29,55; (REG–118412–10) 29,85 EMPLOYMENT TAX Examination of returns and claims for refund, credit or abate- ment, determination of correct tax liability (RP 27) 31,183 Revocation of Notice 2003-19 (Notice 53) 31,182 ESTATE TAX Revocation of Notice 2003-19 (Notice 53) 31,182 EXCISE TAX Examination of returns and claims for refund, credit or abate- ment, determination of correct tax liability (RP 27) 31,183 Excise taxes on prohibited tax shelter transactions and related provisions (TD 9492) 33,242 Guidance on section 5000B, indoor tanning services excise tax (TD 9486) 27,3; (REG–112841–10) 27,41 Proposed Regulations: 26 CFR 40.0–1, amended; 40.6302(c)–1, amended; 49.0–3, added; 49.5000B–1, added; indoor tanning services excise tax (REG–112841–10) 27,41 26 CFR 54.9815–1251, added; rules relating to status as grandfathered health plans for group health plans and health insurance coverage (REG–118412–10) 29,85 26 CFR 54.9815–2704, –2711, –2712, –2719A, added; re- quirements for group health plans and health insurance issuers under the Patient Protection and Affordable Care Act relating to preexisting condition exclusions, lifetime and annual limits, rescissions, and patient protections (REG–120399–10) 32,239 September 27, 2010iv2010–39 I.R.B. EXCISE TAX—Cont. 26 CFR 54.9815–2713, added; rules relating to coverage of preventive health services (REG–120391–10) 35,310 Regulations: 26 CFR 1.6033–5, added; 1.6033–5T, removed; 53.4965–1 thru –9, added 53.6071–1, revised; 53.6071–1T(g) & (h), removed; 54.6011–1, revised; 54.6011–1T(c) & (d), removed; 301.6011(g)–1, added; 301.6033–5, added; 301.6033–5T, removed; 602.101, amended; excise taxes on prohibited tax shelter transactions and related disclo- sure requirements, disclosure requirements with respect to prohibited tax shelter transactions, requirement of return and time for filing (TD 9492) 33,242 26 CFR 40.0–1, amended; 40.0–1T, added; 40.6302(c)–1, amended; 40.6302(c)–1T, added; 49.0–3T, added; 49.5000B–1T, added; 602.101, amended; indoor tanning services excise tax (TD 9486) 27,3 26 CFR 54.9801–2, –3, amended; 54.9815–2704T, –2711T, –2712T, –2719AT, added; 602.101(b) amended; require- ments for group health plans and health insurance issuers under the Patient Protection and Affordable Care Act relat- ing to preexisting condition exclusions, lifetime and annual limits, rescissions, and patient protections (TD 9491) 32, 186 26 CFR 54.9815–1251T, added; rules relating to status as grandfathered healthplans for group health plans and health insurance coverage (TD 9489) 29,55 26 CFR 54.9815–2713T, added; rules relating to coverage of preventive health services (TD 9493) 35,273 Revocation of Notice 2003-19 (Notice 53) 31,182 Rules relating to coverage of preventive health services (TD 9493) 35,273; (REG–120391–10) 35,310 Rules relating to preexisting condition exclusions, lifetime and annual limits, rescissions, and patient protections (TD 9491) 32,186; (REG–120399–10) 32,239 Rules relating to status as grandfathered health plans for group health plans and health insurance coverage (TD 9489) 29,55; (REG–118412–10) 29,85 EXEMPT ORGANIZATIONS Excise taxes on prohibited tax shelter transactions and related provisions (TD 9492) 33,242 Regulations: 26 CFR 1.6033–5, added; 1.6033–5T, removed; 53.4965–1 thru –9, added 53.6071–1, revised; 53.6071–1T(g) & (h), removed; 54.6011–1, revised; 54.6011–1T(c) & (d), removed; 301.6011(g)–1, added; 301.6033–5, added; 301.6033–5T, removed; 602.101, amended; excise taxes on prohibited tax shelter transactions and related disclo- sure requirements, disclosure requirements with respect to prohibited tax shelter transactions, requirement of return and time for filing (TD 9492) 33,242 Revocation of Notice 2003-19 (Notice 53) 31,182 Revocations (Ann 44) 28,54;(Ann45)29,87; (Ann 47) 30,173; (Ann 49) 34,272; (Ann 55) 37,346; (Ann 57) 38,386 INCOME TAX Bonds, application by cooperative electrical companies to issue clean renewable energy bonds (Ann 54) 38,386 Corporations, section 382 treatment of prepaid income under built-in gain provisions of section 382(h) (TD 9487) 28,48; corrections (Ann 50) 33,260 Declaratory Judgment Suits (Ann 46) 29,87 Disciplinary actionsinvolving attorneys,certified public accoun- tants, enrolled agents, and enrolled actuaries (Ann 43) 27,42; (Ann 51) 33,261; (Ann 53) 36,323 Examination of returns and claims for refund, credit or abate- ment, determination of correct tax liability (RP 27) 31,183 Extended carryback of losses to or from a consolidated group (TD 9490) 31,176; (REG–151605–09) 31,184 Foreign eligible entities, Section 301.9100 relief (RP 32) 36,320 Forms: 1042-S, Foreign Persons’s U.S. Source Income Subject to Withholding, specifications for filing electronically (RP 33) 38,347 1097, 1098, 1099, 3921, 3922, 5498, 8935, and W-2G, re- quirements for filing electronically, 2010 revision (RP 26) 30,91 Guidance and request for comments regarding implementation of new chapter 4 of the Code (Notice 60) 37,329 Information reporting under the amendments to section 6041 for gross proceeds paid and for payments to corporations (Notice 51) 29,83 Insurance companies: Effectively connected income, insurance (RP 29) 35,309 Safe harbor under sections 7702 and 7702A for contracts with a maturity date of 100, life insurance (RP 28) 34,270 Interest: Investment: Federal short-term, mid-term, and long-term rates for: July 2010 (RR 18) 27,1 August 2010 (RR 19) 31,174 September 2010 (RR 20) 36,312 Underpayment and overpayments, quarter beginning: October 1, 2010 (RR 21) 39,388 Interest and penalty suspension provisions under section 6404(g) of the Code (TD 9488) 28,51 Net operating losses (Notice 58) 37,326 Over-the-counter drugs: Amounts received under accident and health plans ((RR 23) 39,388 Revised definition of medical expense under section 106(f) (Notice 59) 39,396 Proposed Regulations: 26 CFR 1.1502–21, revised; extended carryback of losses to or from a consolidated group (REG–151605–09) 31,184 26 CFR 300.0 thru 300.8, amended; 300.9, added; user fees relating to enrollment and preparer tax identification num- ber (REG–139343–08) 33,256 Publications: 1187, Specifications for Filing Forms 1042-S, Foreign Per- son’s U.S. Source Income Subject to Withholding, Elec- tronically, revised (RP 33) 38,347 2010–39 I.R.B.vSeptember 27, 2010 INCOME TAX—Cont. 1220, Specifications for Filing Forms 1097, 1098, 1099, 3921, 3922, 5498, 8935, and W-2G Electronically, 2010 revision (RP 26) 30,91 Qualified mortgage bonds (QMBs) and mortgage credit certifi- cate (MCCs), average area housing purchase price for 2010 (RP 25) 27,16 Qualifying advanced coal project program, qualifying gasifica- tion project program (Ann 56) 39,398 Regulations: 26 CFR 1.382–1, amended; 1.382–1T, added; 1.382–7, added; 1.382–7T, removed; built-in gains and losses under section 382(h) (TD 9487) 28,48; 1.382–2T, amended, correction (Ann 50) 33,260 26 CFR 1.1502–21, amended; 1.1502–2T, revised; 602.101, revised; extended carryback of losses to or from a consoli- dated group (TD 9490) 31,176 26 CFR 301.6404–0, –4, added; 301.6404–4T, removed; interest and penalty suspension provisions under section 6404(g) of the Code (TD 9488) 28,51 Releases of liens on mortgage loans held by REMICs (RP 30) 36,316 Revocation of Notice 2003-19 (Notice 53) 31,182 Revocations, exempt organizations (Ann 44) 28,54;(Ann45) 29,87;(Ann47)30,173;(Ann49)34,272; (Ann 55) 37,346; (Ann 57) 38,386 Section 382 limitation: Fluctuation in value, ownership changes (Notice 50) 27,12 Ownership changes, small shareholders (Notice 49) 27,10 Standard Industry Fare Level (SIFL) formula (RR 22) 39,388 Tax Convention: U.S. –Belgium, agreement with respect to fellowship pay- ments made to researchers (Ann 52) 36,315 U.S. –Greenland reciprocal exemption agreement (Ann 48) 32,234 User fees relating to enrollment and preparer tax identification numbers (REG–139343–08) 33,256 September 27, 2010vi2010–39 I.R.B. 2010–39 I.R.B.September 27, 2010 September 27, 20102010–39 I.R.B. 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