us-irs-announcements-irb-2011-9-pdf•Internal Revenue Bulletin 2011-9 (PDF rendition): IRS Announcements
Internal Revenue Bulletin 2011-9 (PDF rendition): IRS Announcements
us-irs-announcements-irb-2011-9-pdfInternal Revenue Bulletin 2011-9 (PDF rendition): IRS AnnouncementsGuidance
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Bulletin No. 201 1-9 February 28, 201 1 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 T.D. 9514, page 527. Final regulations under section 1221(b)(3) of the Code provide the time and manner rules for electing to treat the sale or ex- change of a musical composition or a copyright in a musical work created by the taxpayer (or received by the taxpayer from the composition or work’s creator in a transferred basis trans- action) as the sale or exchange of a capital asset. Announcement 2011–14, page 532. This announcement advises the public that expenses for breast pumps and supplies that assist lactation may be deducted as medical expenses or reimbursed under a flexible spending ar- rangement or similar plan. EMPLOYEE PLANS Notice 2011–13, page 529. Weighted average interest rate update; corporate bond indices; 30-year Treasury securities; segment rates. This notice contains updates for the corporate bond weighted average interest rate for plan years beginning in February 2011; the 24-month average segment rates; the funding transitional segment rates applicable for February 2011; and the minimum present value transitional rates for January 2011. EXEMPT ORGANIZATIONS Announcement 2011–17, page 532. The IRS has revoked its determination that Arid Lands Project of North Haven, ME; Christian Credit Counselors International, Inc., of Santa Ana, CA; Consumer Credit Protection Agency, Inc., of Tampa, FL; Falls Consumer Credit Management, Inc., of Akron, OH; Falls Consumer Credit Management, Inc., of Saint Clairsville, OH; Gullahorn Family Supporting Organization of Naples, FL; International Vision, Inc., of Washington, DC; Riverview Athletic Association, Inc., of Omaha, NE; Rising Stars Community Services, Inc., of Houston, TX; RFD Communica- tions, Inc., of Omaha, NE; Revive Credit Counseling, Inc., of Santa Monica, CA; Neighborcare International, Inc., of Fairfield Grade, TN; Mexican American Research Center of Austin, TX; Modern Day Veterans 304 Chapter of Licking, MO; Modern Day Veterans 203 Chapter of Marble Hill, MO; Care of Crow Wing County of Brainerd, MN; Northwest Conservation Stewardship Fund of Seattle, WA; and Panhandle Land Conservancy, Inc., of Destin, FL, qualify as organizations described in sections 501(c)(3) and 170(c)(2) of the Code. ADMINISTRATIVE Announcement 2011–12, page 532. This announcement contains a correction to final regulations (T.D. 9391, 2008–1 C.B. 945) providing rules under section 937(b) of the Code for determining whether income is derived from sources within a U.S. possession or territory specified in section 937(a)(1) (generally referred to in this preamble as a “territory”) and whether income is effectively connected with the conduct of a trade or business within a territory as well as providing guidance under section 932 and other provisions related to the territories. Actions Relating to Court Decisions is on the page following the Introduction. Fi nding Lists begin on page ii. Index for January through February begins on page v. 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. February 28, 20112011–9 I.R.B. Actions Relati ng to Decisions of the Tax Court It is the policy of the Internal Rev- enue Service t o announce at an early date whether it wil l follow the holdings in cer- tain cases. An Action on Decision is the document maki ng such an announcement. An Action on De cision will be issued at the discreti on of the Service only on unap- pealed issue s decided adverse to the gov- ernment. Gen erally, an Action on Decision is issued whe re its guidance would be help- ful to Servi ce personnel working with the same or simi lar issues. Unlike a Treasury Regulation or a Revenue Ruling, an Action on Decision is not an affirmative statement of Service position. It is not intended to serve as pu blic guidance and may not be cited as pr ecedent. Actions on Decisions shall be relied upon withi n the Service only as conclu- sions appl ying the law to the facts in the particul ar case at the time the Action on Decision was issued. Caution should be exercise d in extending the recommenda- tion of th e Action on Decision to similar cases whe re the facts are different. More- over, th e recommendation in the Action on Decisio n may be superseded by new legis- lation, regulations, rulings, cases, or Ac- tions on Decisions. Prior to 1991, the Service published acquies cence or nonacquiescence only in certain regula r Tax Court opinions. The Service has ex panded its acquiescence program to inc lude other civil tax cases where guidanc e is determined to be help- ful. Accordin gly, the Service now may acquiesce or n onacquiesce in the holdings of memorandu m Tax Court opinions, as well as those of the United States District Courts, Clai ms Court, and Circuit Courts of Appeal. Re gardless of the court decid- ing the case , the recommendation of any ActiononDe cision will be published in the Interna l Revenue Bulletin. The recomme ndation in every Action on Decision will be summarized as ac- quiescence , acquiescence in result only, or nonacqu iescence. Both “acquiescence” and “acqui escence in result only” mean that the Se rvice accepts the holding of the court i n a case and that the Service will foll ow it in disposing of cases with thesamec ontrolling facts. However, “ac- quiescen ce” indicates neither approval nor disap proval of the reasons assigned by the cou rt for its conclusions; whereas, “acquie scence in result only” indicates disagre ement or concern with some or all of those reasons. “Nonacquiescence” sig- nifies t hat, although no further review was sought, the Service does not agree with the hol ding of the court and, generally, will not follow the decision in disposing of cases invol ving other taxpayers. In reference to a n opinion of a circuit court of appeals, a “ nonacquiescence” indicates that the Servi ce will not follow the hold- ingonanation wide basis. However, the Service will recognize the precedential impact of the opinion on cases arising within the ve nue of the deciding circuit. The Actions o n Decisions published in the weekly In ternal Revenue Bulletin are consolidate d semiannually and appear in the first Bu lletin for July and the Cumula- tive Bullet in for the first half of the year. A semiannual consolidation also appears in the first Bu lletin for the following January andintheC umulative Bulletin for the last half of the year. The Commis sioner does not acquiesce in the foll owing decision: Robinson K nife Manufacturing Company an dSubsidiariesv. Commissi oner, 1 600F.3d12 1 (2d Cir. 2010), rev’gT.C . Memo 2009–9 1 Nonacquiesces to whether sales-based royalties that taxpayer paid for the right to use trademarks on the kitchen tools that it manufactures and sellsare production costs “allocable to property produced” (inventory) within the meaning of Treas. Reg. §1.263A–1(e). 2011–9 I.R.B.February 28, 2011 February 28, 20112011–9 I.R.B. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 1221. —Capital Asset Defined 26 CFR 1.1221–3: Time and manner for electing cap- ital asset treatment for certain self-created musical works. T.D. 9514 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 Time and Manner for Electing Capital Asset Treatment for Certain Self-Created Musical Works AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulation and removal of temporary regulation. SUMMARY: This document contains a fi- nal regulation that provides the time and manner rules for electing to treat the sale or exchange of a musical composition or a copyright in a musical work created by the taxpayer (or received by the taxpayer from the composition or work’s creator in a transferred basis transaction) as the sale or exchange of a capital asset. The regu- lation reflects changes to the law made by the Tax Increase Prevention and Reconcil- iation Act of 2005 and the Tax Relief and Health Care Act of 2006. The regulation affects taxpayers who elect to treat gain or loss from such a sale or exchange as capi- tal gain or loss. DATES:Effective Date:This regulation is effective on February 7, 2011. Applicability Date:For date of applica- bility, see §1.1221–3(d). FOR FURTHER INFORMATION CONTACT: Jamie Kim, (202) 622–4950 (not a toll-free number). SUPPLEMENTAR Y INFORMATION: Background This document contains an amendment to the Income T ax Regulations (26 CFR part 1). On Feb ruary 8, 2008, a tempo- rary regulat ion (T.D. 9379, 2008–1 C.B. 715) was publ ishedintheFederal Regis- ter(73 FR 746 4) that provided the time and manner ru les for electing capital as- set treatmen t for certain self-created musi- cal works. A notice of proposed rulemak- ing (REG–15 3589–06, 2008–1 C.B. 730) cross-refe rencing the temporary regulation also was pub lishedintheFederal Reg- ister(73 F R 7503) on February 8, 2008. No comment s in response to the notice of proposed r ulemaking or requests to hold a public he aring were received, and no hearing w as held. This Treasury decision adopts th eproposedregulationwithminor changes a nd removes the temporary regu- lation. Section 1 221(a) of the Internal Revenue Code (Cod e) generally provides that cap- ital ass ets include all property held by a taxpaye r with certain specified exclusions. Section 1221(a)(1) excludes from the defi- nition o f a capital asset inventory property or prope rtyheldbyataxpayerprimarily for sal e to customers in the ordinary course of the t axpayer’s trade or business. Section 1221(a )(3) excludes from the definition of a capit al asset certain property — a copy- right; a literary, musical, or artistic compo- sition ; a letter or memorandum; or similar prope rty — held by a taxpayer whose per- sonal efforts created the property (or held by a ta xpayer whose basis in the property is det ermined by reference to the basis of such p roperty in the hands of the taxpayer whos e personal efforts created the prop- erty ). Sect ion 1221(b)(3) of the Code, added by se ction 204 of the Tax Increase Preven- tion and Reconciliation Act of 2005, Pub- lic L aw 109–222 (120 Stat. 345 (2005)), and a mended by section 412 of the Tax Rel ief and Health Care Act of 2006, Pub- lic Law 109–432 (120 Stat. 2922 (2006)), pro vides that, at the election of a taxpayer, the section 1221(a)(1) and (a)(3) exclu- sio ns from capital asset status will not ap- plytoamusica l composition or a copyright in a musical wo rk sold or exchanged by a taxpayer desc ribed in section 1221(a)(3). Thus, if a tax payer who owns a musi- cal composit ion or copyright in a musi- cal work crea ted by the taxpayer (or trans- ferred to the taxpayer by the composition or work’s cr eator in a transferred basis transactio n) elects the application of this provision, gain or loss from the sale or exchange of the musical composition or copyright i s treated as capital gain or loss. Explanation of Provisions This final r egulation provides rules re- garding th e time and manner for electing under sect ion 1221(b)(3) to treat gain or loss from t he sale or exchange of certain musical co mpositions or copyrights in mu- sical wor ks as gain or loss from the sale or exchange of a capital asset. Effective/Applicability Date This regu lation applies to elections un- der secti on 1221(b)(3) in taxable years be- ginning a fter May 17, 2006. Special Analyses It has bee n determined that this Trea- sury deci sion is not a significant regula- tory act ion as defined in Executive Order 12866. T herefore, a regulatory assessment is not re quired. It also has been determined that sec tion 553(b) of the Administrative Procedu re Act (5 U.S.C. chapter 5) does not app ly to this regulation, and because the reg ulation does not impose a collection of info rmation on small entities, the Regu- latory Flexibility Act (5 U.S.C. Chapter 6) does no t apply. Pursuant to section 7805(f) of the Code, the notice of proposed rule- makin g preceding this regulation was sub- mitte d to the Chief Counsel for Advocacy of the Small Business Administration for comme nt on its impact on small business. Drafting Information The pr incipal author of this regulation is Jami e Kim of the Office of Associate Chief Coun sel (Income Tax & Accounting). Howe ver, other personnel from the IRS 2011–9 I.R.B.527February 28, 2011 and the Treasury Department participated in its development. ***** Adoption of Am endments 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 1.1221–3 is added to read as follows: §1.1221–3 Time and manner for electing capital asset treatment for certain self-created musical works. (a)Description. Section 1221(b)(3) al- lows an electing taxpayer to treat the sale or exchange of a musical composition or a copyright in a musical work created by the taxpayer’s personal efforts (or having a basis determined by reference to the ba- sisofsuchpropertyinthehandsofatax- payer whose personal efforts created such property) as the sale or exchange of a cap- ital asset. As a consequence, gain or loss from the sale or exchange is treated as cap- ital gain or loss. (b)Time and manner for making the election. An election described in this sec- tion is made separately for each musical composition (or copyright in a musical work) sold or exchanged during the tax- able year. An election must be made on or before the due date (including exten- sions) of the income tax return for the taxable year of the sale or exchange. The election is made on Schedule D,"Capital Gains and Losses,”of the appropriate in- come tax form (for example, Form 1040, "U.S. Individual Income Tax Return;" Form 1065,"U.S. Return of Partnership Income;"Form 1120,"U.S. Corporation Income Tax Return") by treating the sale or exchange as the sale or exchange of a capital asset, in accordance with the form and its instructions. (c)Revocability of election. The elec- tion described in this section is revocable with the consent of the Commissioner. To seek consent to revoke the election, a tax- payer must submit a request for a letter ruling under the applicable administrative procedures. Alternatively, an automatic extension of 6 months from the due date of the taxpayer’s income tax return (ex- cluding extensions) is granted to revoke the election, provided the taxpayer timely filed the taxpayer’s income tax return and, within this 6-month extension period, the taxpayer files an amended income tax re- turn that treats the sale or exchange as the sale or exchange of property that is not a capital asset. (d)Effective/applicability date.This section applies to elections under section 1221(b)(3) in taxable years beginning af- ter May 17, 2006. §1.1221–3T [Removed] Par. 3. Section 1.1221–3T is removed. Steven T. Miller, Deputy Commissioner for Services and Enforcement. Approved January 28, 2011. Michael Mundaca, Assistant Secretary of theTreasury(TaxPolicy). (Filed by the Office of the Federal Register on February 4, 2011, 8:45 a.m., and published in the issue of the Federal Register for February 7, 2011, 76 F.R. 6553) February 28, 20115282011–9 I.R.B. Part III. Administrative, Procedural, and Miscellaneous Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates Notice 2011–13 This notice provides guidance as to the corporate bond weighted average interest rate and the permissible range of interest rates specified under § 412(b)(5)(B)(ii)(II) of the Internal Revenue Code as in ef- fect for plan years beginning before 2008. It also provides guidance on the cor- porate bond monthly yield curve (and the corresponding spot segment rates), and the 24-month average segment rates under § 430(h)(2). In addition, this no- tice provides guidance as to the interest rate on 30-year Treasury securities un- der § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008, the 30-year Treasury weighted average rate under § 431(c)(6)(E)(ii)(I), and the min- imum present value segment rates under § 417(e)(3)(D) as in effect for plan years beginning after 2007. CORPORATE BOND WEIGHTED AVERAGE INTEREST RATE Sections412(b)(5)(B)(ii)and 412(l)(7)(C)(i), as amended by the Pen- sion Funding Equity Act of 2004 and by the Pension Protection Act of 2006 (PPA), provide that the interest rates used to cal- culate current liability and to determine the required contribution under § 412(l) for plan years beginning in 2004 through 2007 must be within a permissible range based on the weighted average of the rates of interest on amounts invested conser- vatively in long term investment grade corporate bonds during the 4-year period ending on the last day before the beginning of the plan year. Notice 2004–34, 2004–1 C.B. 848, pro- vides guidelines for determining the cor- porate bond weighted average interest rate and the resulting permissible range of in- terest rates used to calculate current liabil- ity. That notice establishes that the corpo- rate bond weighted average is based on the monthly composite corporate bond rate de- rived from designated corporate bond in- dices. The methodology for determining the monthly composite corporate bond rate as set forth in Notice 2004–34 continues to apply in determining that rate. See Notice 2006–75, 2006–2 C.B. 366. The composite corporate bond rate for January 2011 is 5.57 percent. Pursuant to Notice 2004–34, the Service has de- termined this rate as the average of the monthly yields for the included corporate bond indices for that month. The following corporate bond weighted average interest rate was determined for plan years beginning in the month shown below. For Plan Years Beginning inPermissible Range MonthYear Corporate Bond Weighted Average90%to100% February20116.10 5.49 6.10 YIELD CURVE AND SEGMENT RATES Generally for plan years beginning after 2007 (except for delayed effective dates for certain plans under sections 104, 105, and 106 of PPA), § 430 of the Code specifies the minimum funding require- ments that apply to single employer plans pursuant to § 412. Section 430(h)(2) spec- ifies the interest rates that must be used to determine a plan’s target normal cost and funding target. Under this provision, present value is generally determined us- ing three 24-month average interest rates (“segment rates”), each of which applies to cash flows during specified periods. However, an election may be made under § 430(h)(2)(D)(ii) to use the monthly yield curve in place of the segment rates. Sec- tion 430(h)(2)G) set forth a transitional rule applicable to plan years beginning in 2008 and 2009 under which the segment rates were blended with the corporate bond weighted average described above, includ- ing an election under § 430(h)(2)(G)(iv) foranemployertousethesegmentrates without the transitional rule. Notice 2007–81, 2007–2 C.B. 899, provides guidelines for determining the monthly corporate bond yield curve, and the 24-month average corporate bond segment rates used to compute the tar- get normal cost and the funding target. Pursuant to Notice 2007–81, the monthly corporate bond yield curve derived from January 2011 data is in Table I at the end of this notice. The spot first, second, and third segment rates for the month of Jan- uary 2011 are, respectively, 1.93, 5.25, and 6.42. The three 24-month average corporate bond segment rates applicable for February 2011 are as follows: First Segment Second Segment Third Segment 2.81 5.76 6.46 The transitional rule of § 430(h)(2)(G) does not apply to plan years beginning af- ter December 31, 2009. Therefore, for a plan year beginning after 2009 with a look- back month to February 2011, the funding segment rates are the three 24-month aver- age corporate bond segment rates applica- ble for February 2011, listed above without blending for any transitional period. 2011–9 I.R.B.529February 28, 2011 30-YEAR TREASURY SECURITIES INTEREST RATES Section 417(e)(3)(A)(ii)(II) (prior to amendment by PPA) defines the appli- cable interest rate, which must be used for purposes of determining the minimum present value of a participant’s benefit under § 417(e)(1) and (2), as the annual rate of interest on 30-year Treasury se- curities for the month before the date of distribution or such other time as the Secretary may by regulations prescribe. Section 1.417(e)–1(d)(3) of the Income Tax Regulations provides that the applica- ble interest rate for a month is the annual rate of interest on 30-year Treasury secu- rities as specified by the Commissioner for that month in revenue rulings, notices or other guidance published in the Internal Revenue Bulletin. The rate of interest on 30-year Treasury securities for January 2011 is 4.52 percent. The Service has determined this rate as the average of the daily determinations of yield on the 30-year Treasury bond matur- ing in November 2040. Generally for plan years beginning after 2007, § 431 specifies the mini- mum funding requirements that apply to multiemployer plans pursuant to § 412. Section 431(c)(6)(B)specifies a minimum amount for the full-funding limitation described in section 431(c)(6)(A), based on the plan’s current liability. Section 431(c)(6)(E)(ii)(I) provides that the inter- est rate used to calculate current liability for this purpose must be no more than 5 percent above and no more than 10 percent below the weighted average of the rates of interest on 30-year Treasury securities dur- ing the four-year period ending on the last day before the beginning of the plan year. Notice 88–73, 1988–2 C.B. 383, provides guidelines for determining the weighted average interest rate. The following rates were determined for plan years beginning in the month shown below. For Plan Year s Beginning inPermissible Range MonthYear 30-Year Treasury Weighted Average 90%to 105% February20114.273.844.48 MINIMUM PRE SENT VALUE SEGMENT RAT ES Generally f or plan years beginning af- ter Decemb er 31, 2007, the applicable in- terest rat es under § 417(e)(3)(D) are seg- ment rates computed without regard to a 24-month av erage. For plan years begin- ning in 2008 through 2011, the applica- ble interes t rates are the monthly spot seg- ment rates b lended with the applicable rate under § 417 (e)(3)(A)(ii)(II) as in effect for plan ye ars beginning in 2007. Notice 2007–81 pr ovides guidelines for determin- ing the mini mum present value segment rates. Purs uant to that notice, the min- imum presen t value transitional segment rates deter mined for January 2011, tak- ingintoac count the January 2011 30-year Treasury r ate of 4.52 stated above, are as follows: For Plan Years Beginning in First Segment Second Segment Third Segment 20102.974.96 5.66 2011 2.455.10 6.04 DRAFTING INFORMATION The principal author of this notice is Tony Montanaro of the Employee Plans, Tax Exempt and Government Entities Di- vision. Mr. Montanaro may be e-mailed at RetirementPlanQuestions@irs.gov. February 28, 20115302011–9 I.R.B. Table I Monthly Yield Curve for January 2011 Derived from January 2011 Data Maturity YieldMaturity YieldMaturity YieldMaturity YieldMaturity Yield 0.50.5220.5 6.04 40.5 6.46 60.5 6.61 80.5 6.68 1.00.8121.06.0641.06.4761.06.6181.06.68 1.5 1.11 21.5 6.08 41.5 6.47 61.5 6.61 81.5 6.69 2.01.4322.06.1042.06.4862.06.6282.0 6.69 2.5 1.77 22.5 6.11 42.5 6.48 62.5 6.62 82.5 6.69 3.02.1123.06.1343.0 6.49 63.06.6283.0 6.69 3.5 2.44 23.56.1543.5 6.49 63.5 6.62 83.5 6.69 4.02.7624.06.1644.06.5064.06.6384.0 6.69 4.5 3.06 24.5 6.18 44.56.5064.5 6.63 84.5 6.69 5.0 3.33 25.0 6.19 45.06.5165.0 6.63 85.0 6.70 5.53.5825.5 6.20 45.56.5165.5 6.63 85.5 6.70 6.03.8126.06.2246.0 6.52 66.06.6386.06.70 6.5 4.01 26.5 6.23 46.56.5266.5 6.64 86.5 6.70 7.04.2027.06.2447.06.5267.06.6487.06.70 7.5 4.37 27.56.2547.56.5367.5 6.64 87.5 6.70 8.0 4.52 28.06.2748.0 6.53 68.06.6488.06.70 8.5 4.66 28.5 6.28 48.56.5468.5 6.64 88.5 6.70 9.04.7929.06.2949.0 6.54 69.0 6.65 89.0 6.70 9.5 4.91 29.56.3049.5 6.54 69.5 6.65 89.56.71 10.05.0230.06.3150.06.5570.06.65 90.0 6.71 10.55.1230.5 6.32 50.56.55 70.56.65 90.56.71 11.0 5.21 31.06.33 51.06.55 71.0 6.65 91.0 6.71 11.55.3031.5 6.34 51.56.5671.5 6.6691.56.71 12.0 5.37 32.0 6.3552.06.56 72.06.66 92.0 6.71 12.55.4432.56.3552.56.5672.5 6.6692.56.71 13.05.5133.06.3653.06.5773.06.66 93.0 6.71 13.55.5633.5 6.37 53.56.5773.5 6.6693.56.71 14.0 5.62 34.06.38 54.06.57 74.06.66 94.0 6.72 14.55.6734.5 6.39 54.56.5874.5 6.6794.56.72 15.05.7135.0 6.39 55.06.5875.0 6.6795.06.72 15.55.7535.5 6.40 55.56.5875.5 6.6795.56.72 16.05.7936.06.4156.06.5976.06.67 96.0 6.72 16.55.8336.5 6.41 56.5 6.59 76.5 6.6796.56.72 17.0 5.86 37.06.42 57.0 6.5977.06.67 97.0 6.72 17.5 5.89 37.5 6.43 57.5 6.59 77.5 6.6797.56.72 18.05.9238.06.43 58.0 6.6078.06.68 98.0 6.72 18.5 5.95 38.5 6.44 58.5 6.60 78.5 6.6898.56.72 19.0 5.97 39.0 6.4559.06.60 79.0 6.68 99.0 6.72 19.56.0039.5 6.45 59.56.6079.56.6899.56.73 20.06.0240.06.4660.06.6180.06.68100.06.73 2011–9 I.R.B.531February 28, 2011 Part IV. Items o fGeneralInterest Source Rules I nvolving U.S. Possessions a nd Other Conforming Ch anges; Correction Announcemen t 2011–12 AGENCY: Inte rnal Revenue Service (IRS), Treas ury. ACTION: Corr ecting amendment. SUMMARY: Thi s document contains a correction to final regulations (T.D. 9391, 2008–1 C.B. 945) that were published in theFeder al Registeron Wednesday, April 9, 200 8 (73 FR 19350) providing rules unde rsection937(b)oftheInternal Revenue Co de for determining whether income is d erived from sources within a U.S. posse ssion or territory specified in section 9 37(a)(1) (generally referred to in this prea mble as a “territory”) and whether income is effectively connected with the conduct o f a trade or business within a ter- ritory as well as providing guidance under section 932 and other provisions related to the terr itories. DATES: T his correction is effective on January 25, 2011, and is applicable on April 9, 2008. FOR FURT HER INFORMATION CONTACT : J. David Varley, (202) 435–52 62 (not a toll-free number). SUPPLE MENTARY INFORMATION: Backgro und The fin al regulations and removal of tempor ary regulations that are the subjects of this document are under sections 1, 170A, 8 61, 871, 876, 881, 884, 901, 931, 932, 93 3, 934, 935, 937, 957, 1402, 6012, 6038, a nd 6046 of the Internal Revenue Code. Need f or Correction As pub lished, final regulations (T.D. 9391) contain an error that may prove to be misleading and is in need of clari fication. ***** Correction of Publication Accordingly, 26 CFR part 1 is cor- rected by making the following correcting amendment: 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 1.932–1 is amended by revising paragraph (e)(1) to read as fol- lows: § 1.932–1 Coordination of United States and Virgin Islands income taxes. ***** (e) * * * (1)U.S. returns. Except as otherwise provided for returns filed under paragraph (c)(2)(ii) of this section, a return required under the rules of paragraphs (b) and (c) of this section to be filed with the United States must be filed as directed in the applicable forms and instructions. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). (Filed by t he Office of the Federal Register on January 24, 2011, 8:45 a.m., and published in the issue of the Federal Register for January 25, 2011, 76 F.R. 4244) Lactation Expenses as Medical Expenses Announcement 2011–14 The Internal Revenue Service has con- cluded that breast pumps and supplies that assist lactation are medical care under § 213(d) of the Internal Revenue Code be- cause, like obstetric care, they are for the purpose of affecting a structure or func- tion of the body of the lactating woman. Therefore, if the remaining requirements of § 213(a) are met (for example, the tax- payer’s total medical expenses exceed 7.5 percent of adjusted gross income), ex- penses paid for breast pumps and supplies that assist lactation are deductible medical expenses. Amounts reimbursed for these expenses unde r flexible spending arrange- ments, Archer medical savings accounts, health reimbu rsement arrangements, or health saving s accounts are not income to the taxpayer. The Service wi ll revise Publication 502, Medical and De ntal Expenses, to include this informa tion. ADDITIONAL INFORMATION For additional information concerning this announcement, contact Amy S. Wei of the Office of Associate Chief Counsel (Income Tax and Accounting) at (202) 622–7900 (not a toll-free call). Deletions From Cumulative List of Organizations Contributions to Which are Deductible Under Section 170 of the Code Announcement 2011–17 The Internal Revenue Service has re- voked its determination that the organi- zations listed below qualify as organiza- tions described in sections 501(c)(3) and 170(c)(2) of the Internal Revenue Code of 1986. Generally, the Service will not disallow deductions for contributions made to a listed organization on or before the date of announcement in the Internal Revenue Bulletinthatanorganizationnolonger qualifies. However, the Service is not precluded from disallowing a deduction for any contributions made after an or- ganization ceases to qualify under section 170(c)(2) if the organization has not timely filed a suit for declaratory judgment under section 7428 and if the contributor (1) had knowledge of the revocation of the ruling or determination letter, (2) was aware that such revocation was imminent, or (3) was in part responsible for or was aware of the activities or omissions of the organization that brought about this revocation. If on the other hand a suit for declara- tory judgment has been timely filed, con- tributions from individuals and organiza- tions described in section 170(c)(2) that February 28, 20115322011–9 I.R.B. are otherwise allowable will continue to be deductible. Protection under section 7428(c) would begin on February 28, 2011 and would end on the date the court first determines that the organization is not de- scribed in section 170(c)(2) as more partic- ularly set forth in section 7428(c)(1). For individual contributors, the maximum de- duction protected is $1,000, with a hus- band and wife treated as one contributor. This benefit is not extended to any indi- vidual, in whole or in part, for the acts or omissions of the organization that were the basis for revocation. Arid Lands Project North Haven, ME Christian Credit Counselors International, Inc. Santa Ana, CA Consumer Credit Protection Agency, Inc. Tampa, FL Falls Consumer Credit Management, Inc. Akron, OH Falls Consumer Credit Management, Inc. Saint Clairsville, OH Gullahorn Family Supporting Organization Naples, FL International Vision, Inc. Washington, D.C. Riverview Athletic Association, Inc. Omaha, NE Rising Stars Community Services, Inc. Houston, TX RFD Communications, Inc. Omaha, NE Revive Credit Counseling, Inc. Santa Monica, CA Neighborcare International, Inc. Fairfield Grade, TN Mexican American Research Center Austin, TX Modern Day Veterans 304 Chapter Licking, MO Modern Day Veterans 203 Chapter Marble Hill, MO Care of Crow Wing County Brainerd, MN Northwest Conservation Stewardship Fund Seattle, WA Panhandle Land Conservancy, Inc. Destin, FL 2011–9 I.R.B.533February 28, 2011 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. February 28, 2011i2011–9 I.R.B. Numerical Finding List 1 Bulletin 2011–1 through 2011–9 Announcements: 2011-1, 2011-2 I.R.B.304 2011-2, 2011-3 I.R.B.324 2011-3, 2011-3 I.R.B.324 2011-4, 2011-4 I.R.B.424 2011-5, 2011-4 I.R.B.430 2011-6, 2011-4 I.R.B.433 2011-7, 2011-5 I.R.B.446 2011-8, 2011-5 I.R.B.446 2011-9, 2011-7 I.R.B.499 2011-10, 2011-7 I.R.B.499 2011-11, 2011-7 I.R.B.500 2011-12, 2011-9 I.R.B.532 2011-13, 2011-8 I.R.B.525 2011-14, 2011-9 I.R.B.532 2011-15, 2011-8 I.R.B.526 2011-16, 2011-7 I.R.B.500 2011-17, 2011-9 I.R.B.532 Notices: 2011-1, 2011-2 I.R.B.259 2011-2, 2011-2 I.R.B.260 2011-3, 2011-2 I.R.B.263 2011-4, 2011-2 I.R.B.282 2011-5, 2011-3 I.R.B.314 2011-6, 2011-3 I.R.B.315 2011-7, 2011-5 I.R.B.437 2011-8, 2011-8 I.R.B.503 2011-9, 2011-6 I.R.B.459 2011-10, 2011-6 I.R.B.463 2011-11, 2011-7 I.R.B.497 2011-12, 2011-8 I.R.B.514 2011-13, 2011-9 I.R.B.529 Proposed Regulations: REG-149335-08, 2011-6 I.R.B.468 REG-146097-09, 2011-8 I.R.B.516 REG-124018-10, 2011-2 I.R.B.301 REG-131151-10, 2011-8 I.R.B.519 REG-131947-10, 2011-8 I.R.B.521 REG-132724-10, 2011-7 I.R.B.498 Revenue Procedures: 2011-1, 2011-1 I.R.B.1 2011-2, 2011-1 I.R.B.90 2011-3, 2011-1 I.R.B.111 2011-4, 2011-1 I.R.B.123 2011-5, 2011-1 I.R.B.167 2011-6, 2011-1 I.R.B.195 2011-7, 2011-1 I.R.B.233 2011-8, 2011-1 I.R.B.237 2011-9, 2011-2 I.R.B.283 Revenue Procedures— Continued: 2011-10, 2011-2 I.R.B.294 2011-11, 2011-4 I.R.B.329 2011-12, 2011-2 I.R.B.297 2011-13, 2011-3 I.R.B.318 2011-14, 2011-4 I.R.B.330 2011-15, 2011-3 I.R.B.322 2011-16, 2011-5 I.R.B.440 2011-17, 2011-5 I.R.B.441 2011-18, 2011-5 I.R.B.443 2011-19, 2011-6 I.R.B.465 Revenue Rulings: 2011-1, 2011-2 I.R.B.251 2011-2, 2011-2 I.R.B.256 2011-3, 2011-4 I.R.B.326 2011-4, 2011-6 I.R.B.448 Treasury Decisions: 9507, 2011-3 I.R.B.305 9508, 2011-7 I.R.B.495 9509, 2011-6 I.R.B.450 9510, 2011-6 I.R.B.453 9511, 2011-6 I.R.B.455 9512, 2011-7 I.R.B.473 9513, 2011-8 I.R.B.501 9514, 2011-9 I.R.B.527 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2010–27 through 2010–52 is in Internal Revenue Bulletin 2010–52, dated December 27, 2010. 2011–9 I.R.B.iiFebruary 28, 2011 Finding List of Current Actions on Previously Published Items 1 Bulletin 2011–1 through 2011–9 Announcements: 85-88 Obsoleted by Rev. Proc. 2011-10, 2011-2 I.R.B.294 2008-11 Modified by Ann. 2011-6, 2011-4 I.R.B.433 2009-62 Obsoleted by Rev. Proc. 2011-10, 2011-2 I.R.B.294 Notices: 2006-87 Superseded by Notice 2011-8, 2011-8 I.R.B.503 2007-25 Superseded by Notice 2011-8, 2011-8 I.R.B.503 2007-77 Superseded by Notice 2011-8, 2011-8 I.R.B.503 2008-107 Superseded by Notice 2011-8, 2011-8 I.R.B.503 2010-27 Superseded by Notice 2011-8, 2011-8 I.R.B.503 2010-59 Modified by Notice 2011-5, 2011-3 I.R.B.314 2010-71 Modified and superseded by Notice 2011-9, 2011-6 I.R.B.459 2010-79 Clarified and modified by Notice 2011-4, 2011-2 I.R.B.282 Proposed Regulations: REG-132554-08 Corrected by Ann. 2011-11, 2011-7 I.R.B.500 Revenue Procedures: 72-50 Modified and superseded by Rev. Proc. 2011-10, 2011-2 I.R.B.294 Revenue Procedures— Continued: 76-34 Modified and supersed by Rev. Proc. 2011-10, 2011-2 I.R.B.294 83-23 Modified and superseded by Rev. Proc. 2011-15, 2011-3 I.R.B.322 94-17 Modified and superseded by Rev. Proc. 2011-15, 2011-3 I.R.B.322 97-27 Clarified and modified by Rev. Proc. 2011-4, 2011-1 I.R.B.330 2001-10 Modified by Rev. Proc. 2011-4, 2011-4 I.R.B.330 2002-28 Modified by Rev. Proc. 2011-4, 2011-4 I.R.B.330 2003-21 Modified and superseded by Rev. Proc. 2011-15, 2011-3 I.R.B.322 2004-34 Modified by Rev. Proc. 2011-14, 2011-4 I.R.B.330 Modified and clarified by Rev. Proc. 2011-18, 2011-5 I.R.B.443 2006-44 Modified by Ann. 2011-6, 2011-4 I.R.B.433 2006-56 Modified by Rev. Proc. 2011-14, 2011-4 I.R.B.330 2008-52 Modified by Notice 2011-4, 2011-2 I.R.B.282 Rev. Proc. 2011-17, 2011-5 I.R.B.441 Superseded in part by Rev. Proc. 2011-14, 2011-4 I.R.B.330 2009-39 Superseded in part by Rev. Proc. 2011-14, 2011-4 I.R.B.330 2009-44 Modified by Ann. 2011-6, 2011-4 I.R.B.433 2010-1 Superseded by Rev. Proc. 2011-1, 2011-1 I.R.B.1 2010-2 Superseded by Rev. Proc. 2011-2, 2011-1 I.R.B.283 Revenue Procedures— Continued: 2010-3 Superseded by Rev. Proc. 2011-3, 2011-1 I.R.B.111 2010-4 Superseded by Rev. Proc. 2011-4, 2011-1 I.R.B.123 2010-5 Superseded by Rev. Proc. 2011-5, 2011-1 I.R.B.167 2010-6 Superseded by Rev. Proc. 2011-6, 2011-1 I.R.B.195 2010-7 Superseded by Rev. Proc. 2011-7, 2011-1 I.R.B.233 2010-8 Superseded by Rev. Proc. 2011-8, 2011-1 I.R.B.237 2010-9 Superseded by Rev. Proc. 2011-9, 2011-2 I.R.B.283 2010-15 Updated by Rev. Proc. 2011-13, 2011-3 I.R.B.318 2011-1 Corrected by Ann. 2011-7, 2011-5 I.R.B.446 2011-8 Corrected by Ann. 2011-8, 2011-5 I.R.B.446 2011-11 Corrected by Ann. 2011-9, 2011-7 I.R.B.499 Revenue Rulings: 81-100 Modified by Rev. Rul. 2011-1, 2011-2 I.R.B.251 2004-67 Modified by Rev. Rul. 2011-1, 2011-2 I.R.B.251 2008-40 Modified by Rev. Rul. 2011-1, 2011-2 I.R.B.251 2011-3 Corrected by Ann. 2011-16, 2011-7 I.R.B.500 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2010–27 through 2010–52 is in Internal Revenue Bulletin 2010–52, dated December 27, 2010. February 28, 2011iii2011–9 I.R.B. Treasury Decisions: 9391 Corrected by Ann. 2011-12, 2011-9 I.R.B.532 9505 Corrected by Ann. 2011-10, 2011-7 I.R.B.499 2011–9 I.R.B.ivFebruary 28, 2011 INDEX Internal Revenue Bulletin 2011–1 through 2011–9 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 Affordable Care Act, nondiscrimination provisions applicable to insured group health plans (Notice 1) 2,259 Cash balance plans and other hybrid defined benefit pension plans, correction to TD 9505 (Ann 10) 7,499; correction to REG–132554–08 (Ann 11) 7,500 Determination letters, issuing procedures (RP 6) 1,195 Full funding limitations, weighted average interest rates, seg- ment rates for: January 2011 (Notice 7) 5,437 February 2011 (Notice 13) 9,529 Guidance under section 162(m)(6) (Notice 2) 2,260 Letter rulings: And determination letters, areas which will not be issued from: Associates Chief Counsel and Division Counsel (TE/GE) (RP 3) 1,111 Associate Chief Counsel (International) (RP 7) 1,233 And general information letters, procedures (RP 4) 1,123 User fees, request for letter rulings (RP 8) 1,237; correction (Ann 8) 5,446 Proposed Regulations: 26 CFR 1.411(b)(5)–1, revised;hybrid retirement plans; cor- rection to REG–132554–08 (Ann 11) 7,500 Qualified plans: Covered compensation tables, permitted disparity (RR 3) 4, 326, correction (Ann 16) 7,500 Group trusts (RR 1) 2,251 Minimum funding requirements relief (Notice 3) 2,263 Regulations: 26 CFR 1.411(b)(5)–1, revised, hybrid retirement plans; cor- rection to TD 9505 (Ann 10) 7,499 Technical advice to IRS employees (RP 5) 1,167 EMPLOYMENT TAX Electronic Funds Transfer (ETF) of depository taxes (TD 9507) 3,305 Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1;correction(Ann7)5,446 Proposed Regulations: 26 CFR 301.7623–1, amended; rewards and awards for in- formation relating to violations of internal revenue laws (REG–131151–10) 8,519 Regulations: 26 CFR 1.1462–1, amended; 1.6302–1 thru –4, amended; 31.6071, amended; 31.6302–0 thru –2, –4, amended; 31.6302(c)–2A, removed; 31.6302(c)–3, amended; 40.6302(c)–1 thru –3, amended; 301.6302–1, amended; 301.6656–1, amended; 301.7502–2, removed; Electronic Funds Transfer (ETF) of depository taxes (TD 9507) 3,305 Rewards and awards for information relating to violations of in- ternal revenue laws (REG–131151–10) 8,519 Technical Advice Memoranda (TAMs) (RP 2) 1,90 Withholding on wages of nonresident alien employees perform- ing services within the United States (Notice 12) 8,514 ESTATE TAX Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1;correction(Ann7)5,446 Proposed Regulations: 26 CFR 301.7623–1, amended; rewards and awards for in- formation relating to violations of internal revenue laws (REG–131151–10) 8,519 Rewards and awards for information relating to violations of in- ternal revenue laws (REG–131151–10) 8,519 Technical Advice Memoranda (TAMs) (RP 2) 1,90 EXCISE TAX Biodiesel and alternative fuels, claims for 2010 (Notice 10) 6, 463 Branded prescription drug sales (Notice 9) 6,459 Electronic Funds Transfer (ETF) of depository taxes (TD 9507) 3,305 Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1;correction(Ann7)5,446 Proposed Regulations: 26 CFR 301.7623–1, amended; rewards and awards for in- formation relating to violations of internal revenue laws (REG–131151–10) 8,519 Regulations: 26 CFR 1.1462–1, amended; 1.6302–1 thru –4, amended; 31.6302–0 thru –2, –4, amended; 31.6071, amended; 31.6302(c)–2A, removed; 31.6302(c)–3, amended; 40.6302(c)–1 thru –3, amended; 301.6302–1, amended; February 28, 2011v2011–9 I.R.B. EXCISE TAX—Cont. 301.6656–1, amended; 301.7502–2, removed; Electronic Funds Transfer (EFT) of depository taxes (TD 9507) 3,305 Rewards and awards for information relating to violations of in- ternal revenue laws (REG–131151–10) 8,519 Technical Advice Memoranda (TAMs) (RP 2) 1,90 EXEMPT ORGANIZATIONS Electronic Funds Transfer (EFT) of depository taxes (TD 9507) 3,305 Filing thresholds for Form 990 (RP 15) 3,322 Letter rulings: And determination letters: Areas which will not be issued from Associates Chief Counsel and Division Counsel (TE/GE) (RP 3) 1,111 Exemption application determination letter rulings under sections 501, 509, 4940, and 4942 (RP 10) 2,294 Exemption application determination letter rulings under sections 501 and 521 (RP 9) 2,283 And general information letters, procedures (RP 4) 1,123 User fees, request for letter rulings (RP 8) 1,237; correction (Ann 8) 5,446 List of organizations classified as private foundations (Ann 3) 3, 324; (Ann 13) 8,525 Regulations: 26 CFR 1.1462–1, amended; 1.6302–1 thru –4, amended; 31.6071, amended; 31.6302–0 thru –2, –4, amended; 31.6302(c)–2A, removed; 31.6302(c)–3, amended; 40.6302(c)–1 thru –3, amended; 301.6302–1, amended; 301.6656–1, amended; 301.7502–2, removed; Electronic Funds Transfer (EFT) of depository taxes (TD 9507) 3,305 Revocations (Ann 2) 3,324; (Ann 15) 8,526; (Ann 17) 9,532 Technical advice to IRS employees (RP 5) 1,167 GIFT TAX Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1;correction(Ann7)5,446 Proposed Regulations: 26 CFR 301.7623–1, amended; rewards and awards for in- formation relating to violations of internal revenue laws (REG–131151–10) 8,519 Rewards and awards for information relating to violations of in- ternal revenue laws (REG–131151–10) 8,519 Technical Advice Memoranda (TAMs) (RP 2) 1,90 INCOME TAX Accounting methods, automatic consent for Blue Cross/Blue Shield and certain other health organizations to change method of accounting for unearned premiums (Notice 4) 2,282 Accrual of liabilities (RP 17) 5,441 INCOME TAX—Cont. Bonds: Qualified Zone Academy Bond limitation for 2011 (RP 19) 6, 465 Capital assets, election for certain musical works (TD 9415) 9, 527 Cost-of-living adjustments for inflation for 2011 (RP 12) 2,297 Debt instruments: Deterioration in financial condition of issuer (TD 9513) 8,501 For publicly traded property, issue price (REG–131947–10) 8,521 Deductions for contributions toqualified nuclear decommission- ing trusts (TD 9512) 7,473 Deductions for medical expenses (Ann 14) 9,532 Definition of omission from gross income (TD 9511) 6,455 Disciplinary actions involving attorneys, certified public ac- counts, enrolled agents, and enrolled actuaries (Ann 4) 4,424 Electronic Funds Transfer (EFT) of depository taxes (TD 9507) 3,305 Employer-provided vehicles, cents-per-mile rule, maximum ve- hicle values for 2011 (RP 11) 4,329;correction(Ann9)7,499 Extension of Fast Track Settlement (FTS) for SB/SE taxpayer pilot program (Ann 5) 4,430 Farmer and fisherman income averaging (TD 9509) 6,450 Guidance under section 162(m)(6) (Notice 2) 2,260 Health FSA/HRA debit cards, purchase over-the-counter drug purchases (Notice 5) 3,314 Housing cost amounts eligible for exclusion or deduction, 2011 (Notice 8) 8,503 Implementation of rules governing tax return preparers (Notice 6) 3,315 Income recognition for advance payments received from the sale of gift cards (RP 18) 5,443 Interest: Investment: Federal short-term, mid-term, and long-term rates for: January 2011 (RR 2) 2,256 February 2011 (RR 4) 6,448 Letter rulings: And determination letters, areas which will not be issued from: Associate Chief Counsel and Division Counsel (TE/GE) (RP 3) 1,111 Associate Chief Counsel (International) (RP 7) 1,233 And information letters issued byAssociate Offices, determi- nation letters issued by Operating Divisions (RP 1) 1,1; correction to Rev. Proc. 2011–1 (Ann 7) 5,446 Method of accounting, automatic and non-automatic changes (RP 14) 4,330 Penalties, substantial understatement, preparer penalty (RP 13) 3,318 Private foundations, organizations now classified as (Ann 3) 3, 324; (Ann 13) 8,525 Proposed Regulations: 26 CFR 1.263A–0 thru –3, amended; 1.471–3, amended; sales-based royalties and vendor allowances (REG–149335–08) 6,468 2011–9 I.R.B.viFebruary 28, 2011 INCOME TAX—Cont. 26 CFR 1.863–10, added; source of income from qualified fails charges (REG–132724–10) 7,498 26 CFR 1.1273–1, –2, amended; 1.1274–3, amended; 1.1275–2, amended; property traded on an established market (REG–131947–10) 8,521 26 CFR 1.6049–4, revised; 1.6049–5, –6, amended; 1.6049–8, revised; 31.3406(g)–1, revised; guid- ance on reporting interest paid to nonresident aliens (REG–146097–09) 8,516 26 CFR Part 300.0, .4, .5, .6, amended; Parts 300.9 thru .11, added; user fees relative to retirement plan agents (REG–124018–10) 2,301 26 CFR 301.7623–1, amended; rewards and awards for in- formation relating to violations of internal revenue laws (REG–131151–10) 8,519 Publication: 1220, changes affecting tax year 2010 filing of information returns (Ann 1) 2,304 Real Estate Investment Trust (REIT) distressed debt (RP 16) 5, 440 Regulations: 26 CFR 1.468A–0T thru –9T, removed; 1.468A–0 thru –9, added; 602.101, amended; deductions for contributions to qualified nuclear decommissioning trusts (TD 9512) 7,473 26 CFR 1.863–10T, added; source of income from qualified fails charges (TD 9508) 7,495 26 CFR 1.932–1, amended; source rules involving U.S. pos- sessions and other conforming changes; correction to TD 9391 (Ann 12) 9,532 26 CFR 1.1001–3, amended; modifications of debt instru- ments (TD 9513) 8,501 26 CFR 1.1221–3; added; 1.221–1–3T, removed; time and manner rules for electing capital asset treatment for certain self-created musical works (TD 9415) 9,527 26 CFR 1.1301–1, amended; 1.1301–1T, removed; farmer and fisherman income averaging (TD 9509) 6,450 26 CFR 1.1462–1, amended; 1.6302–1 thru –4, amended; 31.6302–0 thru –2, –4, amended; 31.6302(c)–2A, re- moved; 31.6302(c)–3, amended; 40.6302–1T, amended; 40.6302(c)–3, amended; 301.6302–1, amended; 301.6656–1, amended; 301.7502–2, removed; electronic funds transfer of depository taxes (TD 9507) 3,305 26 CFR 1.6012–2, amended; requirement of a statement dis- closing uncertain tax positions (TD 9510) 6,453 26 CFR 301.6229(c)(2)–1, added; 301.6229(c)(2)–1T, re- moved; 301.6501(e)–1, added; 301.6501(e)–1T, removed; definition of omission from gross income (TD 9511) 6,455 Relief for tax return preparers who have pending PTIN applica- tions (Notice 11) 7,497 Reporting requirements for interest paid to nonresident alien in- dividuals (REG–146097–09) 8,516 Requirement of a statement disclosing uncertain tax positions (TD 9510) 6,453 Revocations, exempt organizations (Ann 2) 3,324; (Ann 15) 8, 526; (Ann 17) 9,532 INCOME TAX—Cont. Rewards and awards for information relating to violations of in- ternal revenue laws (REG–131151–10) 8,519 Sales-based royalties and vendor allowances (REG–149335–08) 6,468 Source of income from qualified fails charges (TD 9508) 7,495; (REG–132724–10) 7,498 Source rules involving U.S. possessions and other conforming changes; corrections to TD 9391 (Ann 12) 9,532 Technical Advice Memoranda (TAMs) (RP 2) 1,90 Test of procedures for mediation and arbitration for Offer in Compromise (OIC) and Trust Fund Recovery Penalty (TFRP) cases in appeals (Ann 6) 4,433 Userfeesrelatingtoenrolledagents and enrolled retirement plan agents (REG–124018–10) 2,301 SELF-EMPLOYMENT TAX Electronic Funds Transfer (EFT) of depository taxes (TD 9507) 3,305 Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1;correction(Ann7)5,446 Regulations: 26 CFR 1.1462–1, amended; 1.6302–1 thru –4, amended; 31.6071, amended; 31.6302–0 thru –2, –4, amended; 31.6302(c)–2A, removed; 31.6302(c)–3, amended; 40.6302(c)–1 thru –3, amended; 301.6302–1, amended; 301.6656–1, amended; 301.7502–2, removed; Electronic Funds Transfer (ETF) of depository taxes (TD 9507) 3,305 Technical Advice Memoranda (TAMs) (RP 2) 1,90 February 28, 2011vii2011–9 I.R.B. 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