Internal Revenue Bulletin 2008-22 (PDF rendition): IRS Revenue Procedures

Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing. Whole bulletin rendition: numbered items are identified below; other legal material and publisher context remain included. This is not a new standalone advance release.

Bulletin No. 200
8-22
June 2, 2008
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. 2008–28, page 1029.
Federal rates; adjusted federal rates; adjusted federal
long-termrateandthelong-termexemptrate.For pur-
poses of sections 382, 642, 1274, 1288, and other sections
of the Code, tables set forth the rates for June 2008.
T.D. 9396, page 1026.
Final regulations under section 368 of the Code amend regu-
lations section 1.368–2(k) to clarify that, where the post-reor-
ganization transfer(s) consists of one or more transfers to the
former shareholders of the acquired corporation (other than a
former shareholder that is also the acquiring corporation) and
the transfer constitutes the receipt by such shareholders of
additional consideration for their proprietary interests in the ac-
quired corporation, the transaction as a whole is not afforded
protection from application of the step transaction doctrine
under section 1.368–2(k). In addition, the regulations clarify
that the safe harbor of section 1.368–2(k) shall not apply to a
transfer by the former shareholders of the acquired corpora-
tion (other than a former shareholder that is also the acquiring
corporation) or the surviving corporation, as the case may be,
of consideration initially received in the potential reorganization
to the issuing corporation or a person related to the issuing cor-
poration.
T.D. 9397, page 1025.
Final regulations under section 358 of the Code prevent abuse
by removing the exception for transfers in which substantially
all of the assets associated with aliability are transferred to the
person assuming the liability as part of the exchange.
Rev. Proc. 2008–29, page 1039.
2009 inflation adjusted amounts for Health Savings Ac-
counts (HSAs).This procedure provides the 2009 inflation
adjusted amounts for HSAs under section 223 of the Code.
EXEMPT ORGANIZATIONS
Announcement 2008–51, page 1040.
The IRS has revoked its determination that America’s Faith Cen-
tered Education Foundation, Inc., of Sandy, UT; Financial Policy
Forum, Inc., of Washington, DC; United Community Central Los
Angeles of Las Vegas, NV; Hooved Animal Humane of Surprise,
AZ; and Prayer Works of Branson, MO, qualify as organizations
described in sections 501(c)(3) and 170(c)(2) of the Code.
ADMINISTRATIVE
T.D. 9395, page 1031.
Final regulations under sections 7603 and 7609 of the Code
reflect amendments made by the Internal Revenue Service Re-
structuring and Reform Act of 1998, the Omnibus Budget Rec-
onciliation Act of 1990, the Technical and Miscellaneous Rev-
enue Act of 1988, and the Tax Reform Act of 1986.
Announcements of Disbarments and Suspensions begin on page 1040.
Finding Lists begin on page ii.

The IRS Mission
Provide Americ
a’s taxpayers top quality service by helping them
understand an
d meet their tax responsibilities and by applying
the tax law with
integrity and fairness to all.
Introduction
The Internal Revenue Bulletin is the authoritative instrument of
the Commissioner of Internal Revenue for announcing official
rulings and procedures of the Internal Revenue Service and for
publishing Treasury Decisions, Executive Orders, Tax Conven-
tions, legislation, court decisions, and other items of general
interest. It is published weekly and may be obtained from the
Superintendent of Documents on a subscription basis. Bulletin
contents are compiled semiannually into Cumulative Bulletins,
which are sold on a single-copy basis.
It is the policy of the Service to publish in the Bulletin all sub-
stantive rulings necessary to promote a uniform application of
the tax laws, including all rulings that supersede, revoke, mod-
ify, or amend any of those previously published in the Bulletin.
All published rulings apply retroactively unless otherwise indi-
cated. Procedures relating solely to matters of internal man-
agement are not published; however, statements of internal
practices and procedures that affect the rights and duties of
taxpayers are published.
Revenue rulings represent the conclusions of the Service on the
application of the law to the pivotal facts stated in the revenue
ruling. In those based on positions taken in rulings to taxpayers
or technical advice to Service field offices, identifying details
and information of a confidential nature are deleted to prevent
unwarranted invasions of privacy and to comply with statutory
requirements.
Rulings and procedures reported in the Bulletin do not have the
force and effect of Treasury Department Regulations, but they
may be used as precedents. Unpublished rulings will not be
relied on, used, or cited as precedents by Service personnel in
the disposition of other cases. In applying published rulings and
procedures, the effect of subsequent legislation, regulations,
court decisions, rulings, and procedures must be considered,
and Service personnel and others concerned are cautioned
against reaching the same conclusions in other cases unless
the facts and circumstances are substantially the same.
The Bulletin is divided into four parts as follows:
Part I.—19
86 Code.
This part i
ncludes rulings and decisions based on provisions of
the Intern
al Revenue Code of 1986.
Part II.—Treaties and Tax Legislation.
This part is divided into two subparts as follows: Subpart A,
Tax Conventions and Other Related Items, and Subpart B, Leg-
islation and Related Committee Reports.
Part III.—Administrative, Procedural, and Miscellaneous.
To the extent practicable, pertinent cross references to these
subjects are contained in the other Parts and Subparts. Also
included in this part are Bank Secrecy Act Administrative Rul-
ings. Bank Secrecy Act Administrative Rulings are issued by
the Department of the Treasury’s Office of the Assistant Secre-
tary (Enforcement).
Part IV
.—Items of General Interest.
This par
t includes notices of proposed rulemakings, disbar-
ment an
d suspension lists, and announcements.
The last Bulletin for each month includes a cumulative index
for the matters published during the preceding months. These
monthly indexes are cumulated on a semiannual basis, and are
published in the last Bulletin of each semiannual period.
The c
ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.
For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402.
June 2, 20082008–22 I.R.B.

Part I. Rulings
and Decisions Under the Internal Revenue Code
of 1986
Section 42.—Low-Income
Housing Credit
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of June 2008. See Rev. Rul. 2008-28, page 1029.
Section 280G.—Golden
Parachute Payments
Federal short-term, mid-term, and long-term rates
are set forth for the month of June 2008. See Rev.
Rul. 2008-28, page 1029.
Section 358.—Basis to
Distributees
26 CFR 1.358–5: Special rules for assumption of li-
abilities.
T.D.
9397
DEPARTMENT OF THE
TREASURY
Internal Revenue Service
26 CFR Part 1
Assumption of Liabilities
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Final regulations and removal
of temporary regulations.
SUMMARY: This document contains fi-
nal regulations relating to the assumption
of liabilities under section 358(h) of the
Internal Revenue Code (Code). Section
358(h) provides that, after application of
section 358(d), the basis in stock received
in a nonrecognition transaction shall be re-
duced to the fair market value of the stock
by the amount of any liability assumed in
the exchange. The Treasury Department
and the IRS have determined that remov-
ing an exception to section 358(h) is nec-
essary to prevent abuse. These regulations
affect corporations and their shareholders.
DATES:Effective Date:These regulations
are effective on May 9, 2008.
Applicability Date:For dates of appli-
cability, see §§1.358–5(a) and (b).
FOR FURTHER INFORMATION
CONTACT: Robert M. Rhyne (202)
622–7550 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
This document contains amendments
to 26 CFR part 1 under section 358(h)
of the Code. As part of the Consolidated
Appropriations Act of 2001 (Public Law
106–554, 114 Stat. 2763), Congress en-
acted, on December 21, 2000, section
358(h), applicable to assumptions of lia-
bility after October 18, 1999, to address
certain transactions in which property is
transferred to a corporation in exchange
for both stock and the corporation’s as-
sumption of certain obligations of the
transferor. In these transactions, transfer-
ors took the position that the obligations
were not liabilities within the meaning of
section 357(c) or that they were described
in section 357(c)(3), and, therefore, the
obligations did not reduce the basis of
the stock received by transferor. These
assumed obligations, however, did reduce
the value of the stock. The transferors
then sold the stock and claimed a loss. In
this way, taxpayers attempted to duplicate
a loss in corporate stock and to accelerate
deductions that typically are allowed only
on the economic performance of these
types of obligations.
Section 358(h)(1) addresses these trans-
actions by requiring that, after application
of section 358(d), the basis in stock re-
ceived in an exchange to which section
351, 354, 355, 356, or 361 applies be re-
duced (but not below the fair market value
of the stock) by the amount of any lia-
bility assumed in theexchange. Section
358(h)(2) provides exceptions to section
358(h)(1) where: (A) the trade or busi-
ness with which the liability is associated
is transferred to the person assuming the
liability as part of the exchange; or (B)
substantially all of the assets with which
the liability is associated are transferred to
the person assuming the liability as part of
the exchange (the “Asset Exception”). The
Secretary, however, has the authority to
limit these exceptions. Section 358(h)(3)
provides that the term “liability” for pur-
poses of section 358(h) includes any fixed
or contingent obligation to make payment
without regard to whether the obligation is
otherwise taken into account for purposes
of the Code.
On May 26, 2005, temporary regu-
lations (T.D. 9207, 2005–1 C.B. 1344)
were published in theFederal Register
(70 FR 30334) making unavailable the ex-
ception of section 358(h)(2)(B), the Asset
Exception. A notice of proposed rule-
making (REG–106736–00, 2005–1 C.B.
1376) cross-referencing those temporary
regulations was published in theFederal
Register(71 FR 30380) on the same day.
The IRS and the Treasury Department
received no comments responding to the
proposed and temporary regulations. No
public hearing was requested or held. The
IRS and the Treasury Department have de-
termined that making the exception of sec-
tion 358(h)(2)(B) unavailable is necessary
to prevent abuse; therefore, this document
contains final regulations adopting the pro-
visions of the proposed regulations with no
change and the corresponding temporary
regulations are removed.
Special Analyses
It has been determined that this Trea-
sury decision is not asignificant regula-
tory action as defined in Executive Order
12866. Therefore, a regulatory assess-
ment is not required. Pursuant to 5 U.S.C.
553(d)(3) it has been determined that a
delayed effective date is unnecessary be-
cause this rule finalizes, without change,
currently effective temporary rules re-
garding the assumption of liabilities. It is
hereby certified that these regulations will
not have a significant economic impact
on a substantial number of small entities.
This certification is based upon the fact
that the only impact of the regulations is
to require taxpayers to calculate the basis
of stock received in certain transactions
more accurately. Therefore, a Regulatory
Flexibility Analysisunder the Regulatory
Flexibility Act (5 U.S.C. Chapter 6) is
not required. Pursuant to section 7805(f)
of the Code, the notice of proposed rule-
making preceding these regulations was
submitted to the Chief Counsel for Advo-
2008–22 I.R.B.1025June 2, 2008

cacy of the Small Business Administration
for comment on its impact on small busi-
ness.
Drafting Information
The principal author of these regula-
tions is Robert M. Rhyne of the Office
of Associate Chief Counsel (Corporate).
However, other personnel from the IRS
and the Treasury Department participated
in their development.
*****
Adoption of Amendments to the
Regulations
Accordingly, 26 CFR part 1 is amended
as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation for
part 1 is amended by adding an entry in
numerical order to read as follows:
Authority: 26 U.S.C. 7805 * * *
§1.358–5 also issued under 26 U.S.C.
358(h)(2). * * *
Par. 2. Section 1.358–5 is added to read
as follows:
§1.358–5 Special rules for assumption of
liabilities.
(a)In general. Section 358(h)(2)(B)
does not apply to an exchange occurring
on or after May 9, 2008.
(b)Effective/Applicability date.For
exchanges occurring on or after June
24, 2003, and before May 9, 2008, see
§1.358–5T as contained in 26 CFR part 1
in effect on April 1, 2007.
§1.358–5T [Removed]
Par. 3. Section 1.358–5T is removed.
Linda E. Stiff,
Deputy Commissioner for
Services and Enforcement.
Approved April 28, 2008.
Eric Solomon,
Assistant Secretary of
theTreasury(TaxPolicy).
(Filed by the Office of the Federal Register on May 8, 2008,
8:45 a.m., and published in the issue of the Federal Register
for May 9, 2008, 73 F.R. 26321)
Section 368.—Definitions
Relating to Corporate
Reorganizations
26 CFR 1.368–2: Definition of terms.
T.D. 9396
DEPARTMENT OF THE
TREASURY
Internal Revenue Service
26 CFR Part 1
Corporate Reorganizations;
Amendment to Transfers of
Assets or Stock Following a
Reorganization
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Final regulation.
SUMMARY: This document contains final
regulations that amend T.D. 9361, titled
Transfers of Assets or Stock Following a
Reorganization. These final regulations
make certain clarifying amendments to the
rules regarding the effect of certain trans-
fers of assets or stock on the continuing
qualification of transactions as reorganiza-
tions under section 368(a). These regula-
tions affect corporations and their share-
holders.
DATES:Effective Date:These regulations
are effective on May 9, 2008.
Applicability Date:For dates of appli-
cability, see §1.368–2(k)(3).
FOR FURTHER INFORMATION
CONTACT: Mary W. Lyons, at (202)
622–7930 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
As noted in the preamble to T.D. 9361,
2007–47 I.R.B. 1026 (72 FR 60556),
§1.368–1(a) provides that a transaction
must be evaluated under all relevant provi-
sions of law, including the step transaction
doctrine, in determining whether it qual-
ifies as a reorganization under section
368(a). Section 1.368–2 provides guid-
ance regarding whether a transaction sat-
isfies the explicit statutory requirements
of a particular reorganization. Specifi-
cally, section 1.368–2(k) provides that
a transaction otherwise qualifying as a
reorganization will not be disqualified
or recharacterized as a result of certain
subsequent transfers of assets or stock de-
scribed therein. The fact that a subsequent
transfer of assets or stock is not described
in §1.368–2(k) does not necessarily pre-
clude reorganization qualification, but the
overall transaction would then be subject
to analysis under the step transaction doc-
trine.
Section 1.368–2(k), as in effect prior to
these final regulations, generally permits
one or more post-reorganization trans-
fers (or successive transfers) of assets
or stock, provided that the Continuity
of Business Enterprise (COBE) require-
ment is satisfied and the transfer(s) qual-
ify as “distributions” (as described in
§1.368–2(k)(1)(i)) or “other transfers” (as
described in §1.368–2(k)(1)(ii)). These fi-
nal regulations amend those rules to clarify
that a transfer to the former shareholders of
the acquired corporation (other than a for-
mer shareholder that is also the acquiring
corporation) or the surviving corporation,
as the case may be, is not described in
paragraph (k)(1) to the extent it constitutes
the receipt by such shareholders of con-
sideration for their proprietary interests in
the acquired corporation or the surviving
corporation, as the case may be. Any such
transfer to the former shareholders follow-
ing a transaction otherwise qualifying as a
reorganization under section 368(a) calls
into question whether the underlying trans-
action satisfies the continuity of interest
requirement in Treas. Reg. §1.368–1(e)
as well as certain statutory limitations
on permissible consideration (such as the
“solely for voting stock” requirement in
section 368(a)(1)(B) or (C)). Therefore,
such transfers are outside the scope of the
safe harbor protection afforded by these
final regulations. Nevertheless, the safe
harbor of Treas. Reg. §1.368–2(k) con-
tinues to apply to transfers to the former
shareholders that do not constitute con-
sideration for their proprietary interests in
the acquired corporation or the surviving
corporation, as the case may be, such as
certainpro-ratadividend distributions by
the acquiring corporation following a re-
organization. Moreover, the amendment
provides that the limitation on the scope
of Treas. Reg. 1.368–2(k) does not apply
June 2, 200810262008–22 I.R.B.

to transfers to a shareholder that also is
the acquiring corporation in the reorgani-
zation. Thus, the regulations continue to
provide safe harbor protection to certain
“upstream” reorganizations followed by a
transfer of acquired assets. See, for exam-
ple, Rev. Rul. 69–617, 1969–2 C.B. 57.
In addition, these final regulations
amend §1.368–2(k) to clarify that the safe
harbor shall not apply to a transfer by the
former shareholders of the acquired cor-
poration (other than a former shareholder
that is also the acquiring corporation) or
the surviving corporation, as the case may
be, of consideration initially received in
the potential reorganization to the issuing
corporation or a person related to the issu-
ing corporation (see definition of “related
person” in §1.368–1(e)).
Further, these final regulations revise
the title of paragraph (k)(1)(ii) and the
requirement in paragraph (k)(1)(ii)(A).
These amendments are intended to clarify
that a distribution to shareholders is not a
transfer described in paragraph (k)(1)(ii)
regardless of whether or not it is described
in paragraph (k)(1)(i). Additionally,
these final regulations amend paragraph
(k)(1)(ii)(C) to clarify that a transfer is
not described in paragraph (k)(1)(ii) if the
acquired corporation, the acquiring cor-
poration, or the surviving corporation, as
the case may be, terminates its corporate
existence for Federal income tax purposes
in connection with the transfer.
Finally, conforming changes are made
to the analysis inExamples 1,6,7,8and
9,andoneclarifyingchangeismadetothe
facts inExample 3.
Special Analyses
It has been determined that this Trea-
sury decision is not a significant regula-
tory action as defined in Executive Order
12866. Therefore, a regulatory assessment
is not required. It also has been determined
that section 553(b) of the Administrative
Procedure Act (5 U.S.C. chapter 5) does
not apply to these regulations and, because
these regulations do not impose a collec-
tion of information on small entities, the
Regulatory Flexibility Act (5 U.S.C. chap-
ter 6) does not apply. Therefore, a Regu-
latory Flexibility Analysis is not required.
Pursuant to section 7805(f) of the Inter-
nal Revenue Code, these regulations have
been submitted to the Chief Counsel for
Advocacy of the Small Business Admin-
istration for comment on their impact on
small businesses.
Drafting Information
The principal author of these final reg-
ulations is Mary W. Lyons of the Office
of Associate Chief Counsel (Corporate).
However, other personnel from the IRS
and Treasury Department participated in
their development.
Availability of IRS Documents
IRS revenue rulings, procedures, and
notices cited in this preamble are made
available by the Superintendent of Docu-
ments, U.S. Government Printing Office,
Washington, DC 20402.
*****
Adoption of Amendments to the
Regulations
Accordingly, 26 CFR part 1 is amended
as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation for
part 1 continues to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.368–2(k) is revised to
read as follows:
§1.368–2 Definition of terms.
*****
(k)Certain transfers of assets or stock
in reorganizations—(1)General rule.A
transaction otherwise qualifying as a re-
organization under section 368(a) shall
not be disqualified or recharacterized as
a result of one or more subsequent trans-
fers (or successive transfers) of assets or
stock, provided that the requirements of
§1.368–1(d) are satisfied and the trans-
fer(s) are described in either paragraph
(k)(1)(i) or (k)(1)(ii) of this section. How-
ever, this paragraph (k) shall not apply to
a transfer to the former shareholders of the
acquired corporation (other than a former
shareholder that is also the acquiring cor-
poration) or the surviving corporation, as
the case may be, to the extent it constitutes
the receipt of consideration for a propri-
etary interest in the acquired corporation
or the surviving corporation, as the case
may be. Similarly, this paragraph (k) shall
not apply to a transfer by the former share-
holders of the acquired corporation (other
than a former shareholder that is also the
acquiring corporation) or the surviving
corporation, as the case may be, of consid-
eration initially received in the potential
reorganization to the issuing corporation
or a person related to the issuing corpora-
tion (see definition of “related person” in
§1.368–1(e)).
(i)Distributions.One or more distribu-
tions to shareholders (including distribu-
tion(s) that involve the assumption of li-
abilities) are described in this paragraph
(k)(1)(i) if—
(A) The property distributed consists
of—
(1) Assets of the acquired corporation,
the acquiring corporation, or the surviving
corporation, as the case may be, or an in-
terest in an entity received in exchange for
such assets in a transfer described in para-
graph (k)(1)(ii) of this section;
(2) Stock of the acquired corporation
provided that such distribution(s) of stock
do not cause the acquired corporation to
cease to be a member of the qualified
group (as defined in §1.368–1(d)(4)(ii));
or
(3) A combination thereof; and
(B) The aggregate of such distributions
does not consist of—
(1) An amount of assets of the acquired
corporation, the acquiring corporation
(disregarding assets held prior to the po-
tential reorganization), or the surviving
corporation (disregarding assets of the
merged corporation), as the case may be,
that would result in a liquidation of such
corporation for Federal income tax pur-
poses; or
(2) All of the stock of the acquired cor-
poration that was acquired in the transac-
tion.
(ii)Transfers Other Than Distributions.
One or more other transfers are described
in this paragraph (k)(1)(ii) if—
(A) The transfer(s) do not consist of one
or more distributions to shareholders;
(B) The property transferred consists
of—
(1) Part or all of the assets of the ac-
quired corporation, the acquiring corpora-
tion, or the surviving corporation, as the
case may be;
(2) Part or all of the stock of the ac-
quired corporation, the acquiring corpora-
tion, or the surviving corporation, as the
2008–22 I.R.B.1027June 2, 2008

case may be, provided that such transfer(s)
of stock do not cause such corporation
to cease to be a member of the qualified
group (as defined in §1.368–1(d)(4)(ii));
or
(3) A combination thereof; and
(C) The acquired corporation, the ac-
quiring corporation, or the surviving cor-
poration, as the case may be, does not ter-
minate its corporate existence for Federal
incometaxpurposesinconnectionwith
the transfer(s).
(2)Examples. The following examples
illustrate the application of this paragraph
(k). Except as otherwise noted, P is the
issuing corporation, and T is an unrelated
target corporation. All corporations have
only one class of stock outstanding. T
operates a bakery that supplies delectable
pastries and cookies to local retail stores.
The acquiring corporate group produces a
variety of baked goods for nationwide dis-
tribution. Except as otherwise noted, P
owns all of the stock of S–1 and 80 percent
of the stock of S–4, S–1 owns 80 percent
of the stock of S–2 and 50 percent of the
stock of S–5, S–2 owns 80 percent of the
stock of S–3, and S–4 owns the remaining
50 percent of the stock of S–5. The exam-
ples are as follows:
Example 1.Transfers of acquired assets to mem-
bers of the qualified group after a reorganization un-
der section 368(a)(1)(C).(i)Facts. Pursuant to a plan
of reorganization, T transfers all of its assets to S–1
solely in exchange for P stock, which T distributes to
its shareholders, and S–1’s assumption of T’s liabil-
ities. In addition, pursuant to the plan, S–1 transfers
all of the T assets to S–2, and S–2 transfers all of the
T assets to S–3.
(ii)Analysis. Under this paragraph (k), the trans-
action, which otherwise qualifies as a reorganization
under section 368(a)(1)(C), is not disqualified by the
successive transfers of all of the T assets to S–2 and
from S–2 to S–3 because the transfers are not one or
more distributions to shareholders, the transfers con-
sist of part or all of the assets of the acquiring corpora-
tion, the acquiring corporation does not terminate its
corporate existence for Federal income tax purposes
in connection with the transfers, and the transaction
satisfies the requirements of §1.368–1(d).
Example 2.Distribution of acquired assets to a
member of the qualified group after a reorganization
under section 368(a)(1)(C).(i)Facts.Pursuanttoa
plan of reorganization, T transfers all of its assets
to S–1 solely in exchange for P stock, which T dis-
tributes to its shareholders, and S–1’s assumption of
T’s liabilities. In addition, pursuant to the plan, S–1
distributes half of the T assets to P, and P assumes half
of the T liabilities.
(ii)Analysis. Under this paragraph (k), the trans-
action, which otherwise qualifies as a reorganization
under section 368(a)(1)(C), is not disqualified by the
distribution of half of the T assets from S–1 to P, or
P’s assumption of half of the T liabilities from S–1,
because the distribution consists of assets of the ac-
quiring corporation, the distribution does not consist
of an amount of S–1’s assets that would result in a liq-
uidation of S–1 for Federal income tax purposes (dis-
regarding S–1’s assets held prior to the acquisition of
T), and the transaction satisfies the requirements of
§1.368–1(d).
Example 3.Indirect distribution of acquired as-
sets to a member of the qualified group after a reor-
ganization under section 368(a)(1)(C).(i)Facts.The
factsarethesameasExample 2, except that, instead
of S–1 distributing half of the T assets to P and hav-
ing P assume half of the T liabilities, S–1 contributes
half of the T assets to newly formed S–6, S–6 assumes
half of the T liabilities, and S–1 distributes all of the
S–6 stock to P.
(ii)Analysis. Under this paragraph (k), the trans-
action, which otherwise qualifies as a reorganization
under section 368(a)(1)(C), is not disqualified by the
transfer of half of the T assets to S–6 and the distri-
bution of the S–6 stock to P because the transfer of
half of the T assets to S–6 is described in paragraph
(k)(1)(ii) of this section, the distribution of the S–6
stock to P is an indirect distribution of assets of the
acquiring corporation, the distribution does not con-
sist of an amount of S–1’s assets that would result in
a liquidation of S–1 for Federal income tax purposes
(disregarding S–1’s assets held prior to the acquisi-
tion of T), and the transaction satisfies the require-
ments of §1.368–1(d).
Example 4.Distribution of acquired stock to a
controlled partnership after a reorganization under
section 368(a)(1)(B).(i)Facts. P owns 80 percent of
the stock of S–1, and an 80-percent interest in PRS, a
partnership. S–4 owns the remaining 20-percent in-
terest in PRS. PRS owns the remaining 20 percent of
the stock of S–1. Pursuant to a plan of reorganization,
the T shareholders transfer all of their T stock to S–1
solely in exchange for P stock. In addition, pursuant
to the plan, S–1 distributes 90 percent of the T stock
to PRS in redemption of 5 percent of the stock of S–1
owned by PRS.
(ii)Analysis. Under this paragraph (k), the trans-
action, which otherwise qualifies as a reorganization
under section 368(a)(1)(B), is not disqualified by the
distribution of 90 percent of the T stock from S–1
to PRS because the distribution consists of less than
all of the stock of the acquired corporation that was
acquired in the transaction, the distribution does not
cause T to cease to be a member of the qualified group
(as defined in §1.368–1(d)(4)(ii)), and the transaction
satisfies the requirements of §1.368–1(d).
Example 5.Transfer of acquired stock to a non-
controlled partnership.(i)Facts
. Pursuant to a plan,
the T shareholders transfer all of their T stock to S–1
solely in exchange for P stock. In addition, as part of
the plan, T distributes half of its assets to S–1, S–1
assumes half of the T liabilities, and S–1 transfers the
T stock to S–2. S–2 and U, an unrelated corporation,
form a new partnership, PRS. Immediately thereafter,
S–2 transfers all of the T stock to PRS in exchange for
a 50 percent interest in PRS, and U transfers cash to
PRS in exchange for a 50 percent interest in PRS.
(ii)Analysis. Under this paragraph (k), the trans-
action, which otherwise qualifies as a reorganization
under section 368(a)(1)(B), is not disqualified by the
distribution of half of the T assets from T to S–1, or
S–1’s assumption of half of the T liabilities from T,
because the distribution consists of assets of the ac-
quired corporation, the distribution does not consist
of an amount of T’s assets that would result in a liq-
uidation of T for Federal income tax purposes, and the
transaction satisfies the requirements of §1.368–1(d).
Further, this paragraph (k) describes the transfer of
the acquired stock from S–1 to S–2, but does not de-
scribe the transfer of the acquired stock from S–2
to PRS because such transfer causes T to cease to
be a member of the qualified group (as defined in
§1.368–1(d)(4)(ii)). Therefore, the characterization
of this transaction must be determined under the rele-
vant provisions of law, including the step transaction
doctrine. See §1.368–1(a). The transaction fails to
meet the control requirement of a reorganization de-
scribed in section 368(a)(1)(B) because immediately
after the acquisition of the T stock, the acquiring cor-
poration does not have control of T.
Example 6.Transfers of acquired assets to mem-
bers of the qualified group after a reorganization un-
der section 368(a)(1)(D).(i)Facts. P owns all of the
stock of T. Pursuant to a plan of reorganization, T
transfers all of its assets to S–1 solely in exchange
for S–1 stock, which T distributes to P, and S–1’s as-
sumption of T’s liabilities. In addition, pursuant to
the plan, S–1 transfers all of the T assets to S–2, and
S–2 transfers all of the T assets to S–3.
(ii)Analysis. Under this paragraph (k), the trans-
action, which otherwise qualifies as a reorganization
under section 368(a)(1)(D), is not disqualified by the
successive transfers of all the T assets from S–1 to
S–2 and from S–2 to S–3 because the transfers are not
one or more distributions to shareholders, the trans-
fers consist of part or all of the assets of the acquir-
ing corporation, the acquiring corporation does not
terminate its corporate existence for Federal income
tax purposes in connection with the transfers, and the
transaction satisfies the requirements of §1.368–1(d).
Example 7. Transfer of stock of the acquiring cor-
poration to a member of the qualified group after a
reorganization under section 368(a)(1)(A) by reason
of section 368(a)(2)(D).(i)Facts. Pursuant to a plan
of reorganization, S–1 acquires all of the T assets in
the merger of T into S–1. In the merger, the T share-
holders receive solely P stock. Also, pursuant to the
plan, P transfers all of the S–1 stock to S–4.
(ii)Analysis. Under this paragraph (k), the trans-
action, which otherwise qualifies as a reorganization
under section 368(a)(1)(A) by reason of section
368(a)(2)(D), is not disqualified by the transfer of all
of the S–1 stock to S–4 because the transfer is not
a distribution to shareholders, the transfer consists
of part or all of the stock of the acquiring corpo-
ration, the transfer does not cause S–1 to cease to
be a member of the qualified group (as defined in
§1.368–1(d)(4)(ii)), the acquiring corporation does
not terminate its corporate existence for Federal
income tax purposes in connection with the transfer,
and the transaction satisfies the requirements of
§1.368–1(d).
Example 8.Transfer of acquired assets to a
partnership after a reorganization under section
368(a)(1)(A) by reason of section 368(a)(2)(D).(i)
Facts. Pursuant to a plan of reorganization, S–1 ac-
quires all of the T assets in the merger of T into S–1.
In the merger, the T shareholders receive solely P
stock. In addition, pursuant to the plan, S–1 transfers
all of the T assets to PRS, a partnership in which
S–1 owns a 33
1
/3-percent interest. PRS continues T’s
June 2, 200810282008–22 I.R.B.

historic business. S–1 does not perform active and
substantial management functions as a partner with
respect to PRS’ business.
(ii)Analysis. Under this paragraph (k), the trans-
action, which otherwise qualifies as a reorganization
under section 368(a)(1)(A) by reason of section
368(a)(2)(D), is not disqualified by the transfer of T
assets from S–1 to PRS because the transfer is not
a distribution to shareholders, the transfer consists
of part or all of the assets of the acquiring corpora-
tion, the acquiring corporation does not terminate its
corporate existence for Federal income tax purposes
in connection with the transfers, and the transaction
satisfies the requirements of §1.368–1(d).
Example 9.Sale of acquired assets to a member
of the qualified group after a reorganization under
section 368(a)(1)(C).(i)Facts. Pursuant to a plan
of reorganization, T transfers all of its assets to S–1
in exchange for P stock, which T distributes to its
shareholders, and S–1’s assumption of T’s liabilities.
In addition, pursuant to the plan, S–1 sells all of the
T assets to S–5 for cash equal to the fair market value
of those assets.
(ii)Analysis. Under this paragraph (k), the trans-
action, which otherwise qualifies as a reorganization
under section 368(a)(1)(C), is not disqualified by the
sale of all of the T assets from S–1 to S–5 because the
transfer is not a distribution to shareholders, the trans-
fer consists of part or all of the assets of the acquir-
ing corporation, the acquiring corporation does not
terminate its corporate existence for Federal income
tax purposes in connection with the transfer, and the
transaction satisfies the requirements of §1.368–1(d).
(3)Effective/applicability dates.This
paragraph (k) applies to transactions oc-
curring on or after May 9, 2008, except that
it does not apply to any transaction occur-
ring pursuant to a written agreement which
is binding before May 9, 2008, and at all
times after that.
*****
Linda E. Stiff,
Deputy Commissioner for
Services and Enforcement.
Approved May 2, 2008.
Eric Solomon,
Assistant Secretary of
theTreasury(TaxPolicy).
(Filed by the Office of the Federal Register on May 8, 2008,
8:45 a.m., and published in the issue of the Federal Register
for May 9, 2008, 73 F.R. 26322)
Section 382.—Limitation
on Net Operating Loss
Carryforwards and Certain
Built-In Losses Following
Ownership Change
The adjusted applicable federal long-term rate is
set forth for the month of June 2008. See Rev. Rul.
2008-28, page 1029.
Section 412.—Minimum
Funding Standards
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of June 2008. See Rev. Rul. 2008-28, page 1029.
Section 467.—Certain
Payments for the Use of
Property or Services
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of June 2008. See Rev. Rul. 2008-28, page 1029.
Section 468.—Special
Rules for Mining and Solid
Waste Reclamation and
Closing Costs
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of June 2008. See Rev. Rul. 2008-28, page 1029.
Sectio
n 482.—Allocation
of Inco
me and Deductions
Among T
axpayers
Federa
l short-term, mid-term, and long-term rates
are set
forth for the month of June 2008. See Rev.
Rul. 20
08-28, page 1029.
Section 483.—Interest on
Certain Deferred Payments
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of June 2008. See Rev. Rul. 2008-28, page 1029.
Section 642.—Special
Rules
for Credits and
Deduc
tions
Feder
al short-term, mid-term, and long-term rates
are se
t forth for the month of June 2008. See Rev.
Rul.
2008-28, page 1029.
Section 807.—Rules for
Certain Reserves
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of June 2008. See Rev. Rul. 2008-28, page 1029.
Section 846.—Discounted
Unpaid Losses Defined
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of June 2008. See Rev. Rul. 2008-28, page 1029.
Section 1274.
—Determi-
nation of Issu
ePriceinthe
Case of Certai
n Debt Instru-
ments Issued
for Property
(Also Section
s 42, 280G, 382, 412, 467, 468, 482,
483, 642, 807,
846, 1288, 7520, 7872.)
Federal rates
; adjusted federal rates;
adjusted fed
eral long-term rate and the
long-term ex
empt rate.For purposes of
sections 382
, 642, 1274, 1288, and other
sections of t
he Code, tables set forth the
rates for Jun
e 2008.
Rev. Rul. 20
08–28
This revenu
e ruling provides vari-
ous prescri
bed rates for federal income
tax purpose
s for June 2008 (the current
month). Tab
le 1 contains the short-term,
mid-term,
and long-term applicable fed-
eral rates
(AFR) for the current month
for purpos
es of section 1274(d) of the
Internal R
evenue Code. Table 2 contains
the short-
term, mid-term, and long-term
adjusted
applicable federal rates (adjusted
AFR) for t
he current month for purposes
of sectio
n 1288(b). Table 3 sets forth the
adjusted
federal long-term rate and the
long-ter
m tax-exempt rate described in
section
382(f). Table 4 contains the ap-
propria
te percentages for determining the
low-inc
ome housing credit described in
section
42(b)(2) for buildings placed in
service
during the current month. Finally,
Table 5
contains the federal rate for deter-
mining
the present value of an annuity, an
intere
st for life or for a term of years, or
a remai
nder or a reversionary interest for
purpos
es of section 7520.
2008–22 I.R.B.1029June 2, 2008

REV. RUL. 2008–28 TABLE 1
Applicable Federal Rates (AFR) for June 2008
Period for Compounding
AnnualSemiannualQuarterlyMonthly
Short-term
AFR2.08%2.07%2.06%2.06%
110% AFR2.29%2.28%2.27%2.27%
120% AFR
2.50%
2.48%2.47%2.47%
130% AFR2.71%2.69%2.68%2.68%
Mid-term
AFR3.20%3.17%3.16%
3.15%
110% AFR
3.52%
3.49%3.47%3.46%
120% AFR3.84%3.80%3.78%3.77%
130% AFR4.16%4.12%4.10%4.09%
150% AFR
4.82%4.76%4.73%4.71%
175% AFR5.63%5.55%5.51%5.49%
Long-term
AFR4.46%4.41%4.39%4.37%
110% AFR4.91%
4.85%
4.82%4.80%
120% AFR
5.36%5.29%5.26%5.23%
130% AFR
5.81%5.73%5.69%5.66%
REV. RUL. 2008–28 TABLE 2
Adjusted AFR for June 2008
Period for Compounding
AnnualSemiannua
l
QuarterlyMonthly
Short-term adjusted
AFR
1.95%
1.94%1.94%1.93%
Mid-term adjusted AFR3.07%
3.05%
3.04%3.03%
Long-term adjusted
AFR
4.57%4.52%
4.49%4.48%
REV. RUL. 2008–28 TABLE 3
Rates Under Section 382 for June 2008
Adjusted federal long-term rate for the current month
4.57%
Long-term tax-exempt rate for ownership changes during the current month (the highest of the adjusted
federal long-term rates for the current month and the prior two months.)4.71%
REV. RUL. 2008–28 TABLE 4
Appropriate Percentages Under Section 42(b)(2) for June 2008
Appropriate percentage for the 70% present value low-income housing credit7.89%
Appropriate percentage for the 30% present value low-income housing credit3.38%
June 2, 200810302008–22 I.R.B.

REV. RUL. 2008–28 TABLE 5
Rate Under Section 7520 for June 2008
Applicable federal rate for determining the present value of an annuity, an interest for life or a term of years,
or a remainder or reversionary interest3.8%
Section 1288.—Treatment
of Original Issue Discount
on Tax-Exempt Obligations
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of June 2008. See Rev. Rul. 2008-28, page 1029.
Section 7520.—Valuation
Tables
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of June 2008. See Rev. Rul. 2008-28, page 1029.
Section 7603.—Service
of Summons
26 CFR 301.7
603–2: Third-party recordkeeepers.
T.D. 9395
DEPARTMENT OF THE
TREASURY
Internal Revenue Service
26 CFR Part 301
Suspension of Statutes of
Limitations in Third-Party and
John Doe Summons Disputes
and Expansion of Taxpayers’
Rights to Receive Notice
and Seek Judicial Review of
Third-Party Summonses
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Final Regulations.
SUMMARY: This document contains fi-
nal regulations relating to third-party and
John Doe summonses. These final regula-
tions reflect amendments to sections 7603
and 7609 of the Internal Revenue Code
of 1986 made by the Internal Revenue
Service Restructuring and Reform Act of
1998, the Omnibus Budget Reconciliation
Act of 1990, the Technical and Miscella-
neous Revenue Act of 1988, and the Tax
Reform Act of 1986. These final regula-
tions provide guidance relating to the man-
ner by which summonses may be served
on third-party recordkeepers, the expanded
class of third-party summonses subject to
notice requirements and other procedures,
and the suspension of periods of limita-
tions if a court proceeding is brought in-
volving a challenge to a third-party sum-
mons, or if a third party’s response to a
summons is not finally resolved within six
months after service. These final regula-
tions affect third parties who are served
with a summons, taxpayers identified in
a third-party summons, and other persons
entitled to notice of a third-party summons.
DATES:Effective Date:These regulations
are effective April 30, 2008.
Applicability Date:For the date
of applicability, see §§301.7603–1(f);
301.7603–2(c);301.7609–1(d);
301.7609–2(c);301.7609–3(e);
301.7609–4(d); and 301.7609–5(f).
FOR FURTHER INFORMATION
CONTACT: Elizabeth Rawlins at (202)
622–3630 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
This document contains final regula-
tions amending the Procedure and Ad-
ministration Regulations (26 CFR part
301) under sections 7603 and 7609 of the
Internal Revenue Code of 1986 (Code).
The final regulations reflect amendments
to sections 7603 and 7609 made by the
Internal Revenue Service Restructuring
and Reform Act of 1998 (Public Law
105–206, 112 Stat. 685) (RRA 1998),
the Technical and Miscellaneous Revenue
Act of 1988 (Public Law 100–647, 102
Stat. 3343) (TAMRA 1988), and the Tax
Reform Act of 1986 (Public Law 99–514,
100 Stat. 2085) (TRA 1986). The final
regulations also reflect changes made to
section 6503(j) in the Omnibus Budget
Reconciliation Act of 1990 (Public Law
101–508, 104 Stat. 1388) (OBRA 1990).
On July 21, 2006, the IRS published in
theFederal Registera notice of proposed
rulemaking (REG–153037–01, 2007–15
I.R.B. 942 [71 FR 41377]) that inter-
prets the amendments to sections 7603
and 7609. Written comments from one
commentator on several of the proposed
sections were received. No request for a
public hearing was received, nor was one
held. The proposed regulations, as revised
by this Treasury decision, are substantially
adopted as final regulations.
As described more fully in the pre-
amble to the proposed regulations, these
regulations provide guidance relating to
the manner in which summonses may be
served on third-party recordkeepers, the
expanded class of third-party summonses
to which the notice requirements and other
procedures apply, the suspension of a
taxpayer’s periods of limitations if that
taxpayer petitions to quash a third-party
summons or intervenes in a proceeding to
enforce such a summons, and the suspen-
sion of a taxpayer’s periods of limitations
if a summoned third party does not finally
resolve its response to a summons within
six months after service of a summons.
Comments on the Proposed Regulations
and Explanation of Changes
§301.7609–1(a)(2)—In general
Proposed §301.7609–1(a)(2) provides
that neither section 7609 nor the regu-
lations “limit the IRS’s ability to obtain
information, other than by summons,
through formal or informal procedures au-
thorized by sections 7601 and 7602.” The
commentator suggested that this provi-
sion be prefaced with the phrase “[e]xcept
as provided in Section 7609 or Treasury
Regulations” and further explained that
section 7609 does contain provisions, such
as section 7609(d), that limit the IRS’s
abilitytoobtaininformationwhenasum-
mons has been served.
2008–22 I.R.B.1031June 2, 2008

This suggestion has not been adopted
in the final regulations.Proposed
§301.7609–1(a)(2) is consistent with the
language of section 7609(j), which pro-
vides: “Nothing in this section shall
be construed to limit the [IRS’s] abil-
ity to obtain information, other than by
summons, through formal or informal
procedures authorized by sections 7601
and 7602.” Section 7609(j) and proposed
§301.7609–1(a)(2) are directed to situ-
ations in which the IRS has not issued
a summons, but is instead seeking in-
formation through informal procedures
authorized by sections 7601 and 7602.
In these situations, section 7609 and the
regulations do not apply.
§301.7609–2(a)(1)—Persons entitled to
notice
Section 7609(a)(1) provides that no-
tice of a third party summons shall be
given to “any person (other than the per-
sonsummoned)whoisidentifiedinthe
summons.” Proposed §301.7609–2(a)(1)
provides: “The only persons so identi-
fied are the person with respect to whose
liability the summons is issued and any
other person identified in the description
of summoned records or testimony. For
example, if the IRS issues a summons to a
bank with respect to the liability of C that
requires the production of account records
of A and B, both of whom are named in
the summons, the IRS must notify A, B,
and C of the summons.”
The commentator suggested that the
statutory phrase “any person ... identified
in the summons” should be interpreted
more broadly to encompass persons to
whom the summoned records relate who
belong to a specifically identifiable class,
but who are not identified by name in
the summons. The commentator offered
examples of persons described generi-
cally by phrases, such as “children” or
“closely-held corporations in which the
taxpayer is a shareholder.”
This suggestion has not been adopted
in the final regulations. The requirement
that an identified person be named in the
summons is consistent with longstanding
regulations under section 7609. Nothing in
the statutory amendments to section 7609
since these regulations were promulgated
suggests that Congress intended to change
the meaning of this concept.
The commentator also suggested that
the example in the proposed regulations
could be read to mean that a person named
in a summons is only entitled to notice if
that person’s records are sought from the
third party. This reading is incorrect. The
regulations do not condition the right to
notice on a finding that the identified per-
son’s records are sought. Instead, “any ...
person identified in the description of sum-
moned records or testimony” is entitled to
notice, as is the taxpayer with respect to
whose liability the summons is issued.
§301.7609–3(a)—Duty of the summoned
party
Proposed §301.7609–3(a) provides:
“Upon receipt of a summons, the sum-
moned party must begin to assemble the
summoned records. The summoned party
must be prepared to produce the sum-
moned records on the date on which the
summons states that they are to be ex-
amined, regardless of the institution or
anticipated institution of a proceeding to
quash or the summoned party’s interven-
tion in a proceeding to quash, as allowed
under section 7609(b)(2)(C).”
The commentator suggested that pro-
posed §301.7609–3(a) is overbroad be-
cause the statutory provision on which it is
based, section 7609(i)(1), is preceded by
the heading: “Recordkeeper Must Assem-
ble Records and Be Prepared To Produce
Records.” The commentator concluded
that section 7609(i)(1) can apply only
to third-party recordkeepers. This con-
clusion is not supported by the statutory
amendment to section 7609(i)(1) under
RRA 98, which replaced the prior refer-
ence to “third-partyrecordkeeper” with
the termsummoned party. Thus, sec-
tion 7609(i)(1) applies to all recipients of
third-party summonses (other than cer-
tain excepted summonses under section
7609(c)(2)).
The commentator also suggested that
proposed §301.7609–3(a) is overbroad
because the requirements of section
7609(i)(1) do not apply if a proceeding
to quash is brought. Section 7609(i)(1),
however, does not require the summoned
party to produce the documents when a
petition to quash has been filed but merely
requires the summoned party to “assem-
ble” and “be prepared to produce” them.
The commentator suggested that pro-
posed §301.7609–3(a) would infringe on
the rights of those summoned persons who
receive a vague or overbroad summons.
This provision, however, does not pre-
clude a summoned person from raising
such a defense in a summons enforce-
ment proceeding. Accordingly, the IRS
and Treasury have concluded that these
suggestions provide no basis for adopting
changes in the final regulations.
§301.7609–4(c)—Presumption no notice
of proceeding to quash has been mailed
Section 7609(b) provides that any per-
son entitled to notice of a summons may
bring a proceeding to quash by filing a
petition in district court and mailing no-
tice of the petition to both the IRS and
the summoned person within 20 days of
thedaythenoticewasgiven. Proposed
§301.7609–4(b)(3) provides that if a per-
son fails to give proper and timely no-
tice of the petition to quash, then that per-
son has failed to institute a proceeding to
quash and the district court lacks juris-
diction to hear the proceeding. Proposed
§301.7609–4(c) provides that “it is pre-
sumed that the notification [of the peti-
tion to quash] was not timely mailed if the
copy of the petition was not delivered to
the summoned person or to the person and
office designated to receive the notice on
behalf of the IRS within three days after
the close of the 20-day period allowed for
instituting a proceeding to quash.”
The commentator suggested that pro-
posed §301.7609–4(c) should be clarified
to provide that the presumption of untime-
liness would no longer apply “if a copy of
the petition is subsequently received and
it is determined that it was mailed prior
to the close of the 20-day period.” Pro-
posed §301.7609–4(c) is identical, how-
ever, in all salient respects to a provision
in the prior regulations that the IRS has
administered since 1986 without contro-
versy. In cases where the IRS has not re-
ceived a copy of a petition to quash within
three days after the close of the 20-day pe-
riod, but it is later determined that a copy
of the petition was timely mailed within
the 20-day period, the IRS has halted the
examination of summoned witnesses and
records upon receiving a timely filed pe-
tition to quash, consistent with IRM pro-
visions providing that, if a proceeding to
June 2, 200810322008–22 I.R.B.

quash is begun, no examination of sum-
moned records is allowed until the court so
orders.
§301.7609–5(e)(2)(i)—Intervention in an
enforcement proceeding
Section 7609(e)(1) provides for the
suspension of the statute of limitations
with respect to a third-party summons “for
the period during which a proceeding, and
appeals therein, with respect to the en-
forcement of such summons is pending.”
Proposed §301.7609(e)(2)(i) provides:
“If, following issuance of an order to en-
force a third-party summons, a collateral
proceeding is brought challenging whether
production made by the summoned party
fully satisfied the court order and whether
sanctions should be imposed against the
summoned party for a failure to satisfy that
order, the periods of limitations remain
suspended until all appeals of the collat-
eral proceeding are disposed of, or until
the expiration of the period during which
an appeal may be taken or a request for
further review of the collateral proceeding
may be made. Any collateral proceeding
to the original proceeding shall be consid-
ered to be a continuation of the original
proceeding.”
The commentator suggested that in-
cluding collateral proceedings and related
appeals periods within the suspension
period under section 7609(e)(1) goes
beyond the statutory language and the
IRS’s authority to promulgate regulations.
The statutory phrase “a proceeding, and
appeals therein, with respect to the en-
forcement of such summons” connotes a
category of court actions that are related
to, but not limited to, a summons enforce-
ment suit. Thus, section 7609(e)(1) is
properly interpreted to encompass collat-
eral proceedings and related appeals.
§301.7609–5(e)(3)—Final resolution of
the summoned third party’s response to
asummons
Section 7609(e)(2)(B) suspends a tax-
payer’s periods of limitations on assess-
ment and criminal prosecution “in the
absence of the resolution of the sum-
moned party’s response to the summons”
for a period beginning six months after
service of the summons and ending on
the date of “final resolution.” Proposed
§301.7609–5(e)(3) provides that “final
resolution” occurs when the summons or
any summons enforcement order is fully
complied with and all appeals are disposed
of or the period for appeal or further re-
view has expired. The proposed regulation
further provides that the determination of
whether there has been full compliance
will be made within a reasonable time,
given the volume and complexity of the
records produced, after the later of the
giving of all testimony or the production
of all records requested by the summons.
The proposed regulation additionally pro-
vides that the suspension shall continue
if, following an enforcement order, collat-
eral proceedings are brought challenging
whether the summoned party fully sat-
isfied the court order. The suspension
will continue until the summons or the
enforcement order is fully complied with
and the decision in the collateral proceed-
ing becomes final, which occurs when all
appeals are disposed of or when the period
for appeal or further review has expired.
The commentator suggested that pro-
posed §301.7609–5(e)(3) be revised to
reflect that the suspension under section
7609(e)(2) does not apply to a taxpayer
who brings a proceeding to quash or who
intervenes in an enforcement suit. This
suggestion has not been adopted as the
statutory structurealready provides for
the applicability of alternative suspen-
sion periods. This suggestion has also
not been adopted as nothing prevents the
suspension under section 7609(e)(2) from
applying after the expiration of the sus-
pension under section 7609(e)(1).
The commentator also suggested that
the provisions concerning collateral pro-
ceedings be removed. This recommenda-
tion has not been adopted. The suspen-
sion will only terminate upon final resolu-
tion of the summoned person’s response to
the summons, and collateral proceedings,
such as contempt proceedings, may be nec-
essary to obtain a summoned third party’s
compliance with an enforcement order.
The commentator further suggested
that the “operative fact” in determining
whether final resolution has occurred
should be the date of the summoned per-
son’s “actual compliance” with the sum-
mons, not “the Service’s determination as
to whether and when this has occurred.”
This suggestion has not been adopted be-
cause compliance can only be determined
after the records are examined. The reg-
ulations provide that the determination of
whether there has been full compliance
will be made within a reasonable time,
given the volume and complexity of the
records produced, after the later of the
giving of all testimony or the production
of all records requested by the summons
or required by any order enforcing any
part of the summons. In addition, as stated
in the preamble to the proposed regula-
tions, the IRS intends to publish additional
administrative procedures regarding the
compliance determination in the Inter-
nal Revenue Manual. An aspect of these
procedures will involve the creation of
procedures by which taxpayers can inquire
about the suspension of their periods of
limitations under section 7609(e)(2).
§§301.7603–1(f); 301.7603–2(c);
301.7609–1(d); 301.7609–2(c);
301.7609–3(e); 301.7609–4(d); and
301.7609–5(f)—Effective/applicability
date
The commentator suggested making
these regulations applicable only to sum-
monses issued after the date on which
they are published. This suggestion was
not adopted because these regulations are
interpretative of statutory provisions that
have existed as law for several years.
Special Analyses
It has been determined that this final
regulation is not a significant regula-
tory action as defined in Executive Order
12866. Therefore, a regulatory assess-
ment is not required. It also has been
determined that section 553(b) of the
Administrative Procedure Act (5 U.S.C.
chapter 5) does not apply to these regula-
tions and, because these regulations do not
impose a collection of information under
the Paperwork Reduction Act (44 U.S.C.
section 3501), the Regulatory Flexibility
Act (5 U.S.C. chapter 6) does not apply
to these regulations. Pursuant to section
7805(f) of the Code, the regulations, when
published previously in the Notice of Pro-
posed Rulemaking, were submitted to the
Chief Counsel for Advocacy of the Small
Business Administration for comment on
its impact on small business.
2008–22 I.R.B.1033June 2, 2008

Drafting Information
The principal author of these regula-
tions is Elizabeth Rawlins of the Office
of the Associate Chief Counsel, Procedure
and Administration, Internal Revenue Ser-
vice.
*****
Adoption of Amendments to the
Regulations
Accordingly, 26 CFR part 301 is
amended as follows:
PART 301—PROCEDURE AND
ADMINISTRATION
Paragraph 1. The authority citation for
part 301 continues to read, in part, as fol-
lows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 301.7603–1 is revised
to read as follows:
§301.7603–1 Service of summons.
(a)In general—(1)Hand delivery or
delivery to place of abode. Except as
otherwise provided in paragraph (a)(2) of
this section, a summons issued under sec-
tion 6420(e)(2), 6421(g)(2), 6427(j)(2), or
7602 shall be served by an attested copy
delivered in hand to the person to whom it
is directed, or left at such person’s last and
usual place of abode.
(2)Summonses issued to third-party
recordkeepers. A summons issued under
section 6420(e)(2), 6421(g)(2), 6427(j)(2),
or 7602 for the production of records
(or testimony about such records) by a
third-party recordkeeper, as described
in section 7603(b)(2) and §301.7603–2,
mayalsobeservedbycertifiedorreg-
istered mail to the third-party record-
keeper’s last known address, as defined in
§301.6212–2. If service to a third-party
recordkeeper is made by certified or reg-
istered mail, the date of service is the date
on which the summons is mailed.
(b)Persons who may serve a summons.
The officers and employees of the Inter-
nal Revenue Service whom the Commis-
sioner has designated to carry out the au-
thority described in §301.7602–1(b) to is-
sueasummonsareauthorizedtoservea
summons issued under section 6420(e)(2),
6421(g)(2), 6427(j)(2), or 7602.
(c)Effect of certificate of service.The
certificate of service signed by the person
serving the summons shall be evidence of
the facts it states on the hearing of an ap-
plication for the enforcement of the sum-
mons.
(d)Sufficiency of description of sum-
moned records. When a summons requires
the production of records, it shall be suf-
ficient if such records are described with
reasonable certainty.
(e)Records. For purposes of this sec-
tion and §301.7603–2, the termrecordsin-
cludes books, papers, or other data.
(f)Effective/applicability date.This
section is applicable on April 30, 2008.
Par. 3. Section 301.7603–2 is added to
read as follows:
§301.7603–2 Third-party recordkeepers.
(a)Definitions—(1)Accountant.A
person is an accountant under section
7603(b)(2)(F) for purposes of determin-
ing whether that person is a third-party
recordkeeper if, on the date the records
described in the summons were created,
the person was registered, licensed, or cer-
tified as an accountant under the authority
of any state, commonwealth, territory, or
possession of the United States, or of the
District of Columbia.
(2)Attorney. A person is an attorney
under section 7603(b)(2)(E) for purposes
of determining whether that person is a
third-party recordkeeper if, on the date
the records described in the summons
were created, the person was registered,
licensed, or certified as an attorney under
the authority of any state, commonwealth,
territory, or possession of the United
States, or of the District of Columbia.
(3)Credit cards—(i)Person extend-
ing credit through credit cards.Theterm
person extending credit through the use
of credit cards or similar devicesunder
section 7603(b)(2)(C) generally includes
any person who issues a credit card. The
term does not include a seller of goods or
services who honors credit cards issued
by other parties but who does not extend
credit through the use of credit cards or
similar devices.
(ii)Devices similar to credit cards.An
object is a device similar to a credit card
under section 7603(b)(2)(C) only if it is
physical in nature, such as a charge plate or
similar device that may be tendered to ob-
tain an extension of credit. Thus, a person
who extends credit by requiring customers
to sign sales slips without requiring the use
of, or reference to, a physical object issued
by that person is not a third-party record-
keeper under section 7603(b)(2)(C).
(iii)Debit cards. A debit card is not
a credit card or similar device because a
debit card is not tendered to obtain an ex-
tension of credit.
(4)Enrolled agent. A person is an en-
rolled agent under section 7603(b)(2)(I)
for purposes of determining whether that
person is a third-party recordkeeper if the
person is enrolled as an agent authorized to
practice before the Internal Revenue Ser-
vice pursuant to Circular 230, 31 CFR Part
10.
(5)Owner or developer of certain com-
puter code and data. An owner or devel-
oper of computer software source code un-
der section 7603(b)(2)(J) is a third-party
recordkeeper when summoned to produce
a computer software source code (as de-
fined in section 7612(d)(2)), or an exe-
cutable code and associated data described
in section 7612(b)(1)(A)(ii), even if that
person did not make or keep records of an-
other person’s business transactions or af-
fairs.
(b)When third-party recordkeeper sta-
tus arises—(1)In general
. Except as
provided in paragraph (a)(5) of this sec-
tion, a person listed in section 7603(b)(2)
is a third-party recordkeeper for purposes
of section 7609(c)(2)(E) and §301.7603–1
only if the summons served on that person
seeks records (or testimony regarding such
records) of a third party’s business trans-
actions or affairs and such recordkeeper
made or kept the records in the capacity of
a third-party recordkeeper. For instance,
an accountant is not a third-party record-
keeper (by reason of being an accountant)
with respect to the accountant’s records
of a sale of property by the accountant to
another person. Similarly, a credit card
issuer is not a third-party recordkeeper (by
reason of being a person extending credit
through the use of credit cards or similar
devices) with respect to—
(i) Records relating to non-credit card
transactions, such as a cash sale by the
issuer to a holder of the issuer’s credit card;
or
(ii) Records relating to transactions in-
volving the use of another issuer’s credit
card.
June 2, 200810342008–22 I.R.B.

(2)Examples. The rules of paragraph
(b)(1) of this section are illustrated by the
following examples:
Example 1. V issues a credit card (the V card) that
ishonoredbyR,aretailer. WhenusingtheVcard,
C, a customer, signs a sales slip in triplicate. C, R,
and V each retain one copy. Only the copy held by
Visheldbyathird-partyrecordkeeper under section
7603(b)(2), even though R may issue its own credit
card.
Example 2. R, a retailer, issues its own credit card
(the R card) to C, a customer. When C makes a credit
purchase from R using the R card, C signs a sales slip
in duplicate. C and R each retain one copy. Because
R keeps the copy in its capacity as credit card issuer,
as well as in its capacity as a retailer, it is a third-party
recordkeeper under section 7603(b)(2) with respect to
its copy of the sales slip.
(c)Effective/applicability date.This
section is applicable on April 30, 2008.
Par. 4. Sections 301.7609–1 through
301.7609–5 are revised to read as follows:
§301.7609–1 Special procedures for
third-party summonses.
(a)In general—(1) Section 7609 re-
quires the Internal Revenue Service (IRS)
to follow special procedures when sum-
moning a third party’s testimony, records,
or computer software source code. Except
as provided in §301.7609–2(b), the IRS
must provide notice of a third-party sum-
monstoanypersonidentifiedinthesum-
mons, other than the person summoned. A
person entitled to notice of a third-party
summons may intervene in any proceeding
brought to enforce the summons or may
bring a proceeding to quash the summons,
regardless of whether they receive notice
of the summons from the IRS pursuant to
section 7609(a) and §301.7609–2.
(2) Neither section 7609 nor the reg-
ulations hereunder limit the IRS’s abil-
ity to obtain information, other than by
summons, through formal or informal pro-
cedures authorized by sections 7601 and
7602.
(b)Cross references. See §301.7609–2
for rules relating to persons who must be
notified of a third-party summons and ex-
ceptions to the notification requirements.
See §301.7609–3 for rules relating to the
rights and duties of summoned parties. See
§301.7609–4 for rules relating to actions
to quash a summons or to intervene in a
summons enforcement proceeding. See
§301.7609–5 for rules relating to the sus-
pension of periods of limitations.
(c)Records.For purposes of
§§301.7609–1 through 301.7609–5, the
termrecordsincludes books, papers, or
other data.
(d)Effective/applicability date.This
section is applicable on April 30, 2008.
§301.7609–2 Notification of persons
identified in third-party summonses.
(a)In general—(1)Persons enti-
tled to notice. Except as provided in
§301.7609–2(b), the Internal Revenue Ser-
vice (IRS) shall give notice of a third-party
summons to any person, other than the
person summoned, who is identified in
the summons. The only persons so identi-
fied are the person with respect to whose
liability the summons is issued and any
other person identified in the description
of summoned records or testimony. For
example, if the IRS issues a summons to a
bank with respect to the liability of C that
requires the production of account records
of A and B, both of whom are named in
the summons, the IRS must notify A, B
and C of the summons.
(2)Time for providing notice.Ifno-
tice is required by this paragraph, such no-
tice must be given within three days of the
date on which the summons is served on
the third party, but no later than 23 days
prior to the date fixed in the summons as
thedateonwhichtheexaminationofthe
summoned person or records is scheduled.
(3)Methods for serving notice.No-
tice may be served by hand delivery to
anypersonentitledtonoticeorbyleav-
ing notice at such person’s last and usual
place of abode. Notice also may be served
by certified or registered mail to the per-
son’s last known address, as defined in
§301.6212–2. If service to a person enti-
tled to notice is made by certified or reg-
istered mail, the date of service is the date
on which the notice is mailed.
(4)Content of the notice.Noticere-
quired to be given to any person entitled
to notice must be accompanied by a copy
of the summons that has been served and
must include an explanation of the right to
bring a proceeding to quash the summons.
The copy of the summons accompanying
the notice is not required to contain the at-
testation that appears pursuant to section
7603 on the copy of the summons served
on the summoned person.
(b)Exceptions. The IRS is not required
to provide notice to persons identified in
the following third-party summonses:
(1)Summons served on the taxpayer.
The IRS is not required to provide notice
of a summons served on the person with re-
spect to whose liability the summons was
issued, or any officer or employee of such
person.
(2)Existence of records.TheIRSisnot
required to provide notice in the case of a
summons issued to determine whether or
not records of the business transactions or
affairs of a person identified in the sum-
mons have been made or kept.
(3)Numbered account or similar ar-
rangement. The IRS is not required to pro-
vide notice in the case of a summons issued
solely to determine the identity of a per-
son having a numbered account or similar
arrangement with a bank or other institu-
tion. An account is a numbered account or
similar arrangement within the meaning of
this paragraph if it is an account through
which a person may authorize transactions
solely through the use of a number, sym-
bol, code name, or other device not involv-
ing the disclosure of the person’s identity.
The termperson having a numbered ac-
count or similar arrangementincludes the
person who opened the account and any
person authorized to access the account or
to receive records or statements concern-
ing it.
(4)Summonses in aid of the collection
of liabilities—(i)In general.TheIRSis
not required to provide notice in the case of
a summons issued in aid of the collection
of liabilities. A summons is in aid of the
collection of liabilities within the meaning
ofthisparagraphifitisissuedinconnec-
tion with the collection of—
(A) An assessment or judgment against
the person with respect to whose liability
the summons is issued; or
(B) The liability determined at law or
in equity of any transferee or fiduciary
of a person described in subparagraph
(b)(4)(i)(A) of this section.
(ii)Examples. The rules of paragraph
(b)(4) of this section are illustrated by the
following examples:
Example 1. A third-party summons is issued to
a bank to determine the amount held in an account
in the name of A, against whom unpaid income taxes
have been assessed. Notice of the summons is not
required to be given to A or any other persons identi-
fied in the summons because the summons is issued
in connection with the collection of taxes that have
been assessed.
Example 2. A third-party summons is issued
to determine whether assessments should be made
2008–22 I.R.B.1035June 2, 2008

against A, who is potentially liable for a trust fund
recovery penalty under section 6672 with respect to
the assessed but unpaid withholding tax liability of
employer E. The summons is captioned: In the mat-
ter of A. Notice of the summons must be provided to
A and to any other persons identified in the summons
because the summons was issued with respect to A’s
potential, unassessed liability under section 6672.
(5)Summonses issued by a criminal in-
vestigator. The IRS is not required to pro-
vide notice in the case of a summons issued
by a criminal investigator to a person other
than a third-party recordkeeper, as defined
in section 7603(b). For purposes of sec-
tion 7609(c)(2)(E), a summons issued by
a criminal investigator is any summons is-
sued as part of a criminal investigation by
an IRS officer or employee having author-
ity to conduct a criminal investigation and
to issue a summons.
(6)John Doe summons. The IRS is not
required to provide notice in the case of a
John Doe summons issued under section
7609(f).
(7)Summons issued pursuant to a court
order to prevent spoliation of evidence.
The IRS is not required to provide notice
in the case of a summons for which a court
determines there is reasonable cause to
believe the giving of notice may lead to at-
tempts to conceal, destroy, or alter records
relevant to the examination, to prevent
communication of information from other
persons through intimidation, bribery, or
collusion, or to flee to avoid prosecution,
testifying, or production of records.
(c)Effective/applicability date.This
section is applicable on April 30, 2008.
§301.7609–3 Duty of and protection for
the summoned party.
(a)Duty of the summoned party.Upon
receipt of a summons, the summoned
party must begin to assemble the sum-
moned records. The summoned party must
be prepared to produce the summoned
records on the date on which the sum-
mons states that they are to be examined,
regardless of the institution or anticipated
institution of a proceeding to quash or the
summoned party’s intervention in a pro-
ceeding to quash, as allowed under section
7609(b)(2)(C).
(b)Disclosing summoned party not li-
able—(1)In general. A summoned party,
or an agent or employee thereof, who
makes a disclosure of records or gives
testimonyasrequiredbyasummonsin
good faith reliance on the certificate of the
Secretary (as defined in paragraph (b)(2)
of this section) or an order of a court re-
quiring production of records or giving of
testimony, will not be liable for any claim
arising from such disclosure brought by
any customer, any party with respect to
whose tax liability the summons was is-
sued, or any other person.
(2)Certificate of the Secretary.The
Secretary may issue to the summoned
party a certificate if the person with respect
to whose liability the summons was issued
expressly consents to the examination of
the records summoned and the taking of
testimony. The Secretary also may issue
to the summoned party a certificate stating
that—
(i) The 20-day period within which a
person entitled to notice of the summons
may institute a proceeding to quash the
summons has expired; and
(ii) No proceeding has been instituted
within that period.
(c)Reimbursement of costs.Sum-
moned third parties may be entitled to
reimbursement of their costs of assem-
bling and preparing to produce summoned
records, to the extent allowed by section
7610 and §301.7610–1.
(d)Notification of suspension of pe-
riods of limitations in connection with a
John Doe summons—(1)Requirement of
notification. If any periods of limitations
are suspended under section 7609(e)(2)
and §301.7609–5(d) with respect to a
John Doe summons described in section
7609(f), the summoned party is required
under section 7609(i)(4) to provide notice
of such suspension to all persons with re-
spect to whose liability the summons was
issued.
(2)Content of notification.Asum-
moned party required to notify a person of
the suspension of the periods of limitations
shall provide the following information to
such person—
(i) A John Doe summons was served
on the summoned party seeking records
that may be relevant to the person’s tax
liability;
(ii)Thedateonwhichthesummonswas
served;
(iii) The tax period(s) to which the sum-
mons relates;
(iv) Six months has passed since service
of the summons and the summoned party’s
response to the summons has not been fi-
nally resolved;
(v) The periods of limitations under sec-
tion 6501 (relating to assessment and col-
lection) and section 6531 (relating to crim-
inal prosecution), have been suspended;
and
(vi) The date on which suspension of
the periods of limitations under sections
6501 and 6531 began.
(3)Time and manner of notification.
The notification must be made in writ-
ing and may be delivered in person, by
mail sent to the address last known by the
summoned party,or by use of any elec-
tronic means of transmission. Notifica-
tion should be made as soon as possible af-
ter the suspension of the periods of limita-
tions begins. Failure by a summoned party
to give notice of the suspension of peri-
ods of limitations as required by section
7609(i)(4) does not prevent the suspension
of the periods of limitations under section
7609(e)(2).
(e)Effective/applicability date.This
section is applicable on April 30, 2008.
§301.7609–4 Right to intervene; right to
institute a proceeding to quash.
(a)Intervention in proceeding with re-
spect to enforcement of a summons. Under
section 7609(b)(1), a person entitled to no-
tice of a summons under section 7609(a)
and §301.7609–2 is entitled to intervene
in any proceeding brought under section
7604 with respect to the enforcement of
that summons.
(b)Right to institute a proceeding to
quash
—(1)In general. Under section
7609(b), a person entitled to notice of
a summons under section 7609(a) and
§301.7609–2 may institute a proceeding
to quash the summons in the United States
district court for the district in which the
summoned person resides or is found.
(2)Requirements for a proceeding to
quash. To institute a proceeding to quash
a summons, a person entitled to notice of
the summons must, not later than the 20th
day following the day the notice of the
summonswasservedonormailedtosuch
person—
(i) File a petition to quash a summons in
the name of the person entitled to notice of
the summons in the proper district court;
(ii) Notify the Internal Revenue Service
(IRS) by sending a copy of that petition to
June 2, 200810362008–22 I.R.B.

quash by registered or certified mail to the
IRS employee and office designated in the
notice of summons to receive the copy; and
(iii) Notify the summoned person by
sending by registered or certified mail a
copy of the petition to quash to the sum-
moned person.
(3)Failure to give timely notice.Ifa
person entitled to notice of the summons
fails to give proper and timely notice to ei-
ther the summoned person or the IRS in the
manner described in this paragraph, that
person has failed to institute a proceeding
to quash and the district court lacks juris-
diction to hear the proceeding. For exam-
ple, if the person entitled to notice mails a
copy of the petition to the summoned per-
son, but fails to mail a copy of the petition
to the designated IRS employee and office,
the person entitled to notice has failed to
institute a proceeding to quash. Similarly,
if the person entitled to notice mails a copy
of such petition to the summoned person
but, instead of sending a copy of the peti-
tion by registered or certified mail to the
designated IRS employee and office, the
person entitled to notice provides the des-
ignated IRS employee and office the peti-
tion by some other means, the person enti-
tled to notice has failed to institute a pro-
ceeding to quash.
(4)Failure to institute a proceeding to
quash. If a person entitled to notice fails
to institute a proceeding to quash within
20 days following the day the notice of the
summons was served on or mailed to such
person, the IRS may examine the sum-
moned records and take summoned testi-
mony following the 23rd day after notice
of the summons was served on or mailed
to the person entitled to notice.
(c)Presumption no notice has been
mailed. Section 7609(b)(2)(B) permits
a person entitled to notice to institute a
proceeding to quash byfiling a petition in
district court and notifying both the IRS
and the summoned person. Unless the
person entitled to notice has notified both
theIRSandthesummonedpersoninthe
appropriate manner, the person entitled to
notice has failed to institute a proceeding
to quash. For the purpose of permitting
the IRS to examine the summoned wit-
nesses and records, it is presumed that the
notification was not timely mailed if the
copy of the petition was not delivered to
the summoned person or to the person and
office designated to receive the notice on
behalf of the IRS within three days after
the close of the 20-day period allowed for
instituting a proceeding to quash.
(d)Effective/applicability date.This
section is applicable on April 30, 2008.
§301.7609–5 Suspension of periods of
limitations.
(a)In general. Except in the case of
a summons that is a designated or related
summons described in section 6503(j), the
following rules relating to the suspension
of certain periods of limitations apply to
all third-party summonses subject to the
notice requirements ofsection 7609(a) and
to all John Doe summonses subject to the
requirements of section 7609(f).
(b)Interventioninanactiontoenforce
the summons—(1)In general.Ifaperson
entitled to notice of a summons under sec-
tion 7609(a) and §301.7609–2 with respect
to whose liability the summons was issued,
or such person’s agent, nominee, or other
person acting under the direction or control
of the person entitled to notice, takes any
action to intervene in a proceeding with
respect to enforcement of such summons
brought pursuant to section 7604, that per-
son’s periods of limitations under sections
6501 (relating to assessment and collec-
tion) and 6531 (relating to criminal prose-
cutions) for the tax period or periods that
are the subject of the summons are sus-
pended for the period during which such
proceeding is pending.
(2)Action to intervene.Apersonen-
titled to notice takes any action to inter-
vene in a proceeding to enforce a summons
within the meaning of §301.7609–4(a) on
the date when a motion to intervene is filed
with the court.
(c)Institution of a proceeding to quash
a summons—(1)In general.Ifapersonen-
titled to notice of a summons under section
7609(a) and §301.7609–2 with respect to
whose liability the summons was issued,
or such person’s agent, nominee, or other
person acting under the direction or con-
trol of the such person, takes any action
described in §301.7609–4(b) to institute a
proceeding to quash such summons, that
person’s periods of limitations under sec-
tions 6501 and 6531 for the tax period or
periods that are the subject of the summons
are suspended for the period during which
such proceeding is pending.
(2)Action to institute a proceeding
to quash a summons. A person entitled
to notice takes any action to institute a
proceeding to quash if he or she files a pe-
tition to quash the summons in any district
court, regardless of whether the timely fil-
ing requirements of section 7609(b)(2)(A)
or the notice requirements of section
7609(b)(2)(B) are satisfied. For exam-
ple, a person entitled to notice takes an
action to institute a proceeding to quash
a summons for purposes of this section
if that person files a petition to quash the
summons in district court and notifies the
summoned person by sending a copy of
the petition by registered or certified mail,
but fails to mail a copy of that notice to
the appropriate Internal Revenue Service
(IRS) person and office.
(d)Summoned party’s failure to finally
resolve the response to a summons after
six months from service—(1)In general.
If a third party’s response to a summons
for which the IRS was required to provide
notice to persons identified in the sum-
mons, or to a John Doe summons described
in section 7609(f), is not finally resolved
within six months after the date of ser-
vice of the summons, the periods of lim-
itations are suspended under sections 6501
and 6531, for the person with respect to
whose liability the summons was issued
and for any person whose identity is sought
to be obtained by a John Doe summons, for
the tax period or periods that are the sub-
ject of the summons. The suspension shall
begin on the date which is six months after
the service of the summons and shall end
on the date on which there is a final res-
olution of the summoned party’s response
to the summons.
(2)Example. The rules of paragraph
(d)(1) of this section are illustrated by the
following example:
A John Doe summons is issued on April 1, 2004,
to the promoter of a tax shelter and seeks the names
of all participants in the shelter in order to investigate
the participants’ income tax liabilities for 2001 and
2002. The district court approves service of the sum-
mons on April 30, 2004, and the summons is served
on the promoter on May 3, 2004. The promoter does
not provide the names of the participants. The peri-
ods of limitations for the participants’ income tax li-
abilities and criminal prosecution for 2001 and 2002
are suspended under section 7609(e)(2) beginning on
November 3, 2004, the date which is six months af-
ter the date the John Doe summons was served until
the date on which the promoter’s response to the sum-
mons is finally resolved.
2008–22 I.R.B.1037June 2, 2008

(e)Definitions—(1)Agent, nominee,
etc. A person is the agent, nominee, or
other person of a person entitled to notice
under section 7609(a) and §301.7609–2,
and is acting under the direction or control
of the person entitled to notice for pur-
poses of section 7609(e)(1), if the person
entitled to notice has the ability in fact or
at law to cause the agent, nominee or other
person, to take the actions permitted under
section 7609(b).
(2)Period during which a proceeding
is pending—(i)Interventioninanen-
forcement proceeding. The period during
which the periods of limitations under
sections 6501 and 6531 are suspended
under section 7609(e)(1) begins on the
date any person described in paragraph (b)
of this section intervenes in an action to
enforce the summons. The periods of lim-
itations remain suspended until all appeals
are disposed of, or until the expiration of
the period during which an appeal may
be taken or a request for further review
may be made. The periods of limitations
remain suspended for the period during
which a proceeding is pending, regard-
less of compliance (or partial compliance)
with the summons during that period. If,
following issuance of an order to enforce
a third-party summons, a collateral pro-
ceeding is brought challenging whether
production made by the summoned party
fully satisfied the court order and whether
sanctions should be imposed against the
summoned party for a failure to satisfy that
order, the periods of limitations remain
suspended until all appeals of the collat-
eral proceeding are disposed of, or until
the expiration of the period during which
an appeal may be taken or a request for
further review of the collateral proceeding
may be made. Any collateral proceeding
to the original proceeding shall be consid-
ered to be a continuation of the original
proceeding.
(ii)Proceeding to quash a summons.
The period during which the periods of
limitations under sections 6501 and 6531
are suspended under section 7609(e)(1)
begins on the date any person described in
paragraph (c) of this section files a petition
to quash the summons in district court.
The periods of limitations remain sus-
pended until all appeals are disposed of,
or until expiration of the period in which
an appeal may be taken or a request for
further review may be made. The periods
of limitations remain suspended for the
period during which a proceeding is pend-
ing, regardless of compliance (or partial
compliance) with the summons during that
period.
(iii)Examples. The rules of paragraph
(e)(2) are illustrated by the following ex-
amples:
Example 1. A revenue agent issues a summons
to A, an accountant for B, requiring production of
records relating to B’s income tax liabilities for 2002.
The summons is served on A on March 1, 2004. B
files a petition to quash the summons in district court
on March 15, 2004. The district court dismisses B’s
petition on July 1, 2004. B fails to appeal this deci-
sion by filing a notice of appeal within 60 days from
the date of the district court’s order of dismissal. The
revenue agent notifies A that B did not appeal the dis-
trict court’s order. A turns over all of the records re-
quested in the summons. The periods of limitations
applicable to B for 2002 under sections 6501 and
6531 are suspended under section 7609(e)(1) from
March 15, 2004, the date B filed a petition to quash,
until August 30, 2004, the last day on which B could
have filed a notice of appeal.
Example 2. A revenue agent issues a summons
to A, an accountant for B, requiring production of
records relating to B’s income tax liabilities for 2003.
The summons is served on A on June 1, 2005. B
files an untimely petition to quash the summons in
district court on June 29, 2005. The district court
dismisses B’s petition on July 29, 2005. B does not
file an appeal of the district court’s order. The pe-
riods of limitations applicable to B for 2003 under
sections 6501 and 6531 are suspended under section
7609(e)(1) from June 29, 2005, the date B filed an
untimely petition to quash, until September 27, 2005,
the last day on which B could have filed a notice of
appeal.
(3)Final resolution of the summoned
third party’s response to a summons.For
purposes of section 7609(e)(2)(B), final
resolution with respect to a summoned
party’s response to a third-party summons
occurs when the summons or any order
enforcing any part of the summons is fully
complied with and all appeals or requests
for further review are disposed of, the
period in which an appeal may be taken
has expired or the period in which a re-
quest for further review may be made has
expired. The determination of whether
there has been full compliance will be
made within a reasonable time, given the
volume and complexity of the records pro-
duced, after the later of the giving of all
testimony or the production of all records
requested by the summons or required
by any order enforcing any part of the
summons. If, following an enforcement
order, collateral proceedings are brought
challenging whether the production made
by the summoned party fully satisfied the
court order and whether sanctions should
be imposed against the summoned party
for a failing to do so, the suspension of
the periods of limitations shall continue
until the summons or any order enforcing
any part of the summons is fully complied
with and the decision in the collateral pro-
ceeding becomes final. A decision in a
collateral proceeding becomes final when
all appeals are disposed of, the period in
which an appeal may be taken has expired
or the period in which a request for further
review may be made has expired.
(f)Effective/applicability date.This
section is applicable on April 30, 2008.
LindaE.Stiff,
Deputy Commissioner for
Services and Enforcement.
Approved April 17, 2008.
Eric Solomon,
Assistant Secretary of
theTreasury(TaxPolicy).
(Filed by the Office of the Federal Register on April 29, 2008,
8:45 a.m., and published in the issue of the Federal Register
for April 30, 2008, 73 F.R. 23342)
Section 7872.—Treatment
of Loans With Below-Market
Interest Rates
The adjusted applicable federal short-term, mid-
term, and long-term rates are set forth for the month
of June 2008. See Rev. Rul. 2008-28, page 1029.
June 2, 200810382008–22 I.R.B.

Part III. Administrative, Procedural, and Miscellaneous
26 CFR 601.602: Tax forms and instructions.
(Also: Part 1, §§ 1, 223.)
Rev. Proc. 2008–29
SECTION 1. PURPOSE
This revenue procedure provides the
2009 inflation adjusted amounts deter-
mined under § 223(g) of the Internal Rev-
enue Code for Health Savings Accounts
(HSAs).
SECTION 2. 2009 INFLATION
ADJUSTED ITEMS
Annual contribution limitation. For cal-
endar year 2009, the annual limitation on
deductions under § 223(b)(2)(A) for an in-
dividual with self-only coverage under a
high deductible health plan is $3,000. For
calendar year 2009, the annual limitation
on deductions under § 223(b)(2)(B) for an
individual with family coverage under a
high deductible health plan is $5,950.
High deductible health plan. For cal-
endar year 2009, a “high deductible health
plan” is defined under § 223(c)(2)(A) as
a health plan with an annual deductible
that is not less than $1,150 for self-only
coverage or $2,300 for family coverage,
and the annual out-of-pocket expenses
(deductibles, co-payments, and other
amounts, but not premiums) do not exceed
$5,800 for self-only coverage or $11,600
for family coverage.
SECTION 3. EFFECTIVE DATE
This revenue procedure is effective for
calendar year 2009.
SECTION 4. DRAFTING
INFORMATION
The principal author of this revenue
procedure is Marnette M. Myers of the Of-
fice of Associate Chief Counsel (Income
Tax & Accounting). For further informa-
tion regarding § 223 and HSAs, contact
Elizabeth Purcell at (202) 622–6080 (not
a toll-free call). For further information
regarding the calculation of the inflation
adjustments in this revenue procedure,
contact Ms. Myers at (202) 622–4920 (not
a toll-free call).
2008–22 I.R.B.1039June 2, 2008

Part IV. Items o
fGeneralInterest
Deletions From Cumulative
List of Organizations
Contributions to Which
are Deductible Under Section
170 of the Code
Announcement 2008–51
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
Bulletin that an organization no longer
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
are otherwise allowable will continue to
be deductible. Protection under section
7428(c) would begin on June 2, 2008, and
would end on the date the court first deter-
mines that the organization is not described
in section 170(c)(2) as more particularly
set forth in section 7428(c)(1). For indi-
vidual contributors, the maximum deduc-
tion protected is $1,000, with a husband
and wife treated as one contributor. This
benefit is not extended to any individual, in
wholeorinpart,fortheactsoromissions
of the organization that were the basis for
revocation.
America’s Faith Centered Education
Foundation, Inc.
Sandy, UT
Financial Policy Forum, Incorporated
Washington, DC
United Community Central Los Angeles
Las Vegas, NV
Hooved Animal Humane
Surprise, AZ
Prayer Works
Branson, MO
Announcement of Disciplinary Sanctions From the Office
of Professional Responsibility
Announcement 2008-52
TheOfficeofProfessionalResponsi-
bility (OPR) announcesrecent disciplinary
sanctions involving attorneys, certified
public accountants, enrolled agents, en-
rolled actuaries, enrolled retirement plan
agents, and appraisers. These individuals
are subject to the regulations governing
practice before the Internal Revenue Ser-
vice (IRS), which are set out in Title 31,
Code of Federal Regulations, Part 10, and
which are published in pamphlet form as
Treasury Department Circular No. 230.
The regulations prescribe the duties and
restrictions relating to such practice and
prescribe the disciplinary sanctions for
violating the regulations.
The disciplinary sanctions to be im-
posed for violation of the regulations are:
Disbarred from practice before the
IRS—An individual who is disbarred is
not eligible to represent taxpayers before
the IRS.
Suspended from practice before the
IRS—An individual who is suspended is
not eligible to represent taxpayers before
the IRS during the term of the suspension.
Censured in practice before the
IRS—Censure is a public reprimand. Un-
like disbarment or suspension, censure
does not affect an individual’s eligibility
to represent taxpayers before the IRS, but
OPR may subject the individual’s future
representations to conditions designed to
promote high standards of conduct.
Monetary penalty—A monetary
penalty be imposed on an individual who
engages in conduct subject to sanction
or on an employer, firm, or entity if the
individual was acting on its behalf and if it
knew, or reasonably should have known,
of the individual’s conduct.
Disqualification of appraiser—An
appraiser who is disqualified is barred
from presenting evidence or testimony in
any administrative proceeding before the
Department of the Treasury or the IRS.
Under the regulations, attorneys, cer-
tified public accountants, enrolled agents,
enrolled actuaries, and enrolled retirement
plan agents may not assist, or accept assis-
tance from, individuals who are suspended
or disbarred with respect to matters consti-
tuting practice (i.e., representation) before
theIRS,andtheymaynotaidorabetsus-
pended or disbarred individuals to practice
before the IRS.
Disciplinary sanctions are described in
these terms:
Disbarred by decision after hearing,
Suspended by decision after hearing,
Censured by decision after hearing,
Monetary penalty imposed after hear-
ing, and Disqualified after hearing—An
administrative law judge (ALJ) conducted
an evidentiary hearing upon OPR’s com-
plaint alleging violation of the regulations
and issued a decision imposing one of
these sanctions. After 30 days from the
issuance of the decision, in the absence of
an appeal, the ALJ’s decision became the
final agency decision.
Disbarred by default decision, Sus-
pended by default decision, Censured by
default decision, Monetary penalty im-
posed by default decision, and Disqual-
ified by default decision—An ALJ, after
finding that no answer to OPR’s complaint
had been filed, granted OPR’s motion for a
June 2, 200810402008–22 I.R.B.

default judgment and issued a decision im-
posing one of these sanctions.
Disbarment by decision on appeal,
Suspended by decision on appeal, Cen-
sured by decision on appeal, Monetary
penalty imposed by decision on ap-
peal, and Disqualified by decision on
appeal—The decision of the ALJ was
appealed to the agency appeal authority,
acting as the delegate of the Secretary
of the Treasury, and the appeal authority
issued a decision imposing one of these
sanctions.
Disbarred by consent, Suspended by
consent, Censured by consent, Mone-
tary penalty imposed by consent, and
Disqualified by consent—In lieu of a
disciplinary proceeding being instituted
or continued, an individual offered a con-
sent to one of these sanctions and OPR
accepted the offer. Typically, an offer
of consent will provide for: suspension
for an indefinite term; conditions that the
individual must observe during the sus-
pension; and the individual’s opportunity,
after a stated number of months, to file
with OPR a petition for reinstatement af-
firming compliance with the terms of the
consent and affirming current eligibility
to practice (i.e., an active professional li-
cense or active enrolled agent status). An
enrolled agent or an enrolled retirement
plan agent may also offer to resign in order
to avoid a disciplinary proceeding.
Suspended by decision in expedited
proceeding, Suspended by default de-
cision in expedited proceeding, Sus-
pended by consent in expedited pro-
ceeding—OPR instituted an expedited
proceeding for suspension (based on cer-
tain limited grounds, including loss of a
professional licenseand criminal convic-
tions).
OPR has authority to disclose the
grounds for disciplinary sanctions in these
situations: (1) an ALJ or the Secretary’s
delegate on appeal has issued a decision
on or after September 26, 2007, which was
theeffectivedateofamendmentstothe
regulations that permit making such deci-
sions publicly available; (2) the individual
has settled a disciplinary case by signing
OPR’s “consent to sanction” form, which
requires consenting individuals to admit to
one or more violations of the regulations
and to consent to the disclosure of the in-
dividual’s own return information related
to the admitted violations (for example,
failure to file Federal income tax returns);
or (3) OPR has issued a decision in an
expedited proceeding for suspension.
Announcements of disciplinary sanc-
tions appear in the Internal Revenue Bul-
letin at the earliest practicable date. The
sanctions announced below are alphabet-
ized first by the names of states and sec-
ond by the last names of individuals. Un-
less otherwise indicated, section numbers
(e.g., § 10.51) refer to the regulations.
City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
California
Garden GroveFrancis, KevinEnrolled AgentSuspended by decision on
appeal for violation
of § 10.20 (failure
to promptly submit
information requested by
IRS), § 10.22 (failure to
exercise due diligence
in connection with
client’s corporate tax
return), § 10.23 (failure
to promptly dispose of
matters pending before
IRS), and § 10.51 (giving
false information to IRS,
attempting to influence
official action of IRS by
false accusations, and
contemptuous conduct
consisting of false
accusations)
February 4, 2008
through August 4,
2009
SacramentoHimmelmann,
William E.
CPASuspended by decision
in expedited proceeding
under § 10.82 (conviction
under 31 U.S.C. § 333,
misuse of Treasury names
and symbols)
Indefinite from
March 4, 2008
2008–22 I.R.B.1041June 2, 2008

City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
Colorado
BreckenridgeDaniel, III, RoyalAttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
January 25, 2008
Florida
SeminoleBedford, Robert N.Enrolled AgentSuspended by default
decision in expedited
proceeding under § 10.82
(conviction under 18
U.S.C. § 371, conspiracy
to defraud United States)
Indefinite from
February 21, 2008
MalabarLagano, Albert S.AttorneySuspended by decision
in expedited proceeding
under § 10.82 (attorney
disbarment)
Indefinite from
March 6, 2008
DavieLuyendyk, Charles W. AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(revocation of attorney
license in Michigan)
Indefinite from
January 28, 2008
Key WestMcCartney, R. AllenAttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license in Kentucky)
Indefinite from
March 7, 2008
Georgia
RoswellBailey, Charles E.CPACensured by consentJanuary 16, 2008
MaconGonser, Fred L.CPASuspended by decision
in expedited proceeding
under § 10.82 (revocation
of CPA license)
Indefinite from
February 8, 2008
DanielsvilleShoemaker, Curtis G.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(attorney disbarment)
Indefinite from
February 18, 2008
AtlantaTurner, Terrill A.AttorneySuspended by consent
in expedited proceeding
under § 10.82 (attorney
disbarment)
Indefinite from
January 29, 2008
June 2, 200810422008–22 I.R.B.

City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
Illinois
ChicagoDella Rose, Stephen J. AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(conviction under 18
U.S.C. § 1341, mail
fraud)
Indefinite from
January 7, 2008
Marcus, Alan R.AttorneyDisbarred by default
decision for violation
of § 10.51 (failure to
file Federal income tax
returns)
Indefinite from
November 26,
2007
Zmigrocki, James J.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(stricken from attorney
license roll)
Indefinite from
February 1, 2008
Tinley ParkDominick, Warren J.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
January 7, 2008
SpringfieldGiganti, Francis J.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(stricken from attorney
license roll)
Indefinite from
January 18, 2008
NorthbrookVietinghoff, KurtCPACensured by consentOctober 16, 2007
Kansas
LeawoodSchlotzhauer, David E. CPASuspended by decision
in expedited proceeding
under § 10.82 (conviction
under 18 U.S.C. § 2314,
interstate transportation
of stolen property)
Indefinite from
February 20, 2008
Bonner SpringsVendetti, Murray K.CPASuspended by default
decision in expedited
proceeding under § 10.82
(suspension and later
surrender of CPA license)
Indefinite from
January 7, 2008
Kentucky
McCartney, R. Allen,
See Florida
2008–22 I.R.B.1043June 2, 2008

City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
Louisiana
ShreveportJones, Jr., HersyAttorneySuspended by default
decision in expedited
proceeding under § 10.82
(attorney disbarment)
Indefinite from
February 5, 2008
Baton RougePeters, Stephen K.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
January 4, 2008
Bossier CitySpradling, II, JamesW. AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(attorney disbarment in
Massachusetts)
Indefinite from
January 14, 2008
Maryland
TimoniumBrandes, Frederic M.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(attorney disbarment in
New York)
Indefinite from
January 3, 2008
FreelandQuillen, Jr., James P.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(attorney disbarment)
Indefinite from
January 14, 2008
LaytonsvilleSchneider, Fritz H.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(attorney disbarment)
Indefinite from
January 14, 2008
Blue SpringsSteelman, Sr.,
Thomas W.
CPASuspended by default
decision in expedited
proceeding under § 10.82
(revocation of CPA
license in Missouri)
Indefinite from
January 14, 2008
Massachusetts
PittsfieldAlexander, KathleenAttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
January 14, 2008
NorwellHilson, Robert P.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
January 14, 2008
June 2, 200810442008–22 I.R.B.

City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
Massachusetts (Continued)
WellesleyKleinfeld, Burton H.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
January 14, 2008
Nadolny, John R.,
See New Hampshire
DorchesterRagan, Kathryn S.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
January 14, 2008
Sprading, II, James W.,
See Louisiana
Michigan
Luyendyk, Charles W.,
See Florida
Minnesota
Maple GroveHolker, Kenneth M.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
January 4, 2008
Roxbury, Linda S.CPASuspended by default
decision in expedited
proceeding under § 10.82
(revocation of CPA
license)
Indefinite from
January 3, 2008
Eden PrairieNelson, Dewey M.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
January 14, 2008
Sundby, Elizabeth J.,
See North Dakota
Missouri
EurekaFingal-Griffin,
Christi S.
AttorneySuspended by decision
in expedited proceeding
under § 10.82 (suspension
of attorney license)
Indefinite from
February 8, 2008
St. LouisLaTourette, III,
Brainerd W.
AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(attorney disbarment)
Indefinite from
January 4, 2008
2008–22 I.R.B.1045June 2, 2008

City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
Missouri (Continued)
Steelman, Sr.,
Thomas W.,
See Maryland
AuroraWelch, Lance D.CPASuspended by default
decision in expedited
proceeding under § 10.82
(revocation of CPA
license)
Indefinite from
January 14, 2008
Nevada
Las VegasJones, Robert A.AttorneySuspended by decision
on appeal for violation
of § 10.22 (failure to
exercise due diligence in
preparing, approving, and
filing documents), § 10.30
(public communication
containing false
statements and claim),
and§10.51(givingfalse
or misleading information
to IRS and aiding and
abetting others to practice
before IRS during period
of ineligibility)
February 12, 2008
through February
11, 2010
Sexton, Jr., James C.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(conviction under 18
U.S.C. § 1341, mail
fraud, aiding and abetting,
causing an act to be done;
18 U.S.C. § 1956(h),
conspiracy to money
launder)
Indefinite from
January 28, 2008
New Hampshire
RyeNadolny, John R.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(conviction under 18
U.S.C. § 1001(a)(1),
false statement;
attorney disbarment
in Massachusetts)
Indefinite from
March 7, 2008
June 2, 200810462008–22 I.R.B.

City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
New Jersey
EdisonBothe, Robert W.CPASuspended by decis
ion
in expedited proce
eding
under § 10.82 (con
viction
under 26 U.S.C. § 7
203,
failure to make an
income
taxreturntoIRS
)
Indefinite from
January 14, 2008
Katz, Alex,
See Pennsylvania
Cherry HillZander, BenAttorneySuspended by defaul
t
decision in expedit
ed
proceeding under § 1
0.82
(conviction under 1
8
U.S.C. § 3, accessor
y
after the fact to ma
il
fraud)
Indefinite from
January 14, 2008
New Mexico
AlbuquerqueChan, Sean, a/k/a
Hinman, Sean
CPASuspended by default
decision in expedited
proceeding under § 10.
82
(conviction under 26
U.S.C. § 7206(2), fra
ud
and false statements
)
Indefinite from
March 7, 2008
GallupGriego, Robert P.CPASuspended by default
decision in expedited
proceeding under § 10.82
(revocation of CPA
license)
Indefinite from
March 7, 2008
New York
Franklin SquareBlum, HaroldCPADisbarred by decision
on appeal for violation
of § 10.51 (failure to
file Federal income tax
returns)
Indefinite from
February 21, 2008
Brandes, Frederic M.,
See Maryland
New YorkChasky, Barry L.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(attorney disbarment)
Indefinite from
January 14, 2008
Valley CollegeGould, Warren M.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
January 14, 2008
Joyce, William M.,
See Oregon
2008–22 I.R.B.1047June 2, 2008

City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
New York (Continued)
Long BeachKuschner, Herbert M.AttorneySuspended by decision
in expedited proceeding
under § 10.82 (attorney
disbarment)
Indefinite from
January 3, 2008
OssiningMedina, Luis A.AttorneySuspended by decision
in expedited proceeding
under § 10.82 (attorney
disbarment)
Indefinite from
February 20, 2008
BronxvilleTavon, RobertAttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
January 4, 2008
North Carolina
LeicesterKing, Thomas P.CPASuspended by default
decision in expedited
proceeding under § 10.82
(revocation of CPA
license)
Indefinite from
February 5, 2008
Winston SalemMyers, William C.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(attorney disbarment)
Indefinite from
March 7, 2008
North Dakota
FargoSundby, Elizabeth J.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license in Minnesota)
Indefinite from
January 3, 2008
Ohio
SunburyDye, Lewis W.AttorneySuspended by decision
in expedited proceeding
under § 10.82 (conviction
under 31 U.S.C. § 5331,
failure to file Form 8300
with the IRS)
Indefinite from
January 28, 2008
Oregon
PortlandJoyce, William M.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license in New York)
Indefinite from
January 14, 2008
June 2, 200810482008–22 I.R.B.

City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
Pennsylvania
MoscowCobb, Paul J.CPASuspended by decision
in expedited proceeding
under § 10.82 (revocation
of CPA license)
Indefinite from
January 25, 2008
PlumsteadvilleHauke, ThomasCPASuspended by decision
in expedited proceeding
under § 10.82 (conviction
under 18 U.S.C. § 371,
conspiracy to commit
securities fraud)
Indefinite from
January 25, 2008
AliquippaHavey, John A.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(conviction under 26
U.S.C. § 7201, income
tax evasion)
Indefinite from
January 24, 2008
TyroneHiller, Deborah D.CPASuspended by default
decision in expedited
proceeding under § 10.82
(revocation of CPA
license)
Indefinite from
March 4, 2008
RydalKatz, AlexAttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license in New Jersey)
Indefinite from
January 14, 2008
PittsburghMusher, Robin Grassel AttorneySuspended by decision
in expedited proceeding
under § 10.82 (conviction
under 18 U.S.C. § 153(a),
embezzlement from
bankruptcy estate)
Indefinite from
January 28, 2008
South Carolina
PendletonCureton, Steven R.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
March 4, 2008
PaulineHanna, Sr., David H.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
March 4, 2008
2008–22 I.R.B.1049June 2, 2008

City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
South Carolina (Continued)
Mt. PleasantPrendergast, Sean J.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
March 4, 2008
HartvilleWilmeth, Harriet E.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(attorney disbarment)
Indefinite from
March 4, 2008
Tennessee
MonteagleSettles, Thomas E.CPADisbarred by decision
on appeal for violation
of § 10.22 (failure to
exercise due diligence
in preparing, or assisting
in preparing, approving,
and filing his Federal
income tax returns; in
preparing, or assisting in
preparing, tax returns
relating to family
living trusts and family
limited partnerships; in
determining correctness
of representations to
Treasury or clients),
§ 10.34 (advising clients
on frivolous tax strategy),
and § 10.51 (providing
false or misleading
information on his Federal
income tax returns, failure
to timely file Federal
income tax return, and
giving a false opinion)
Indefinite from
February 7, 2008
Texas
MidlandSchulte, Jr., EddieCPACensured by consentFebruary 13, 2008
Vermont
RutlandBarsanti, Gregory U.CPASuspended by default
decision in expedited
proceeding under § 10.82
(revocation of CPA
license)
Indefinite from
March 4, 2008
June 2, 200810502008–22 I.R.B.

City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
Vermont (Continued)
Campbell, Elizabeth C. CPASuspended by default
decision in expedited
proceeding under § 10.82
(revocation of CPA
license)
Indefinite from
March 7, 2008
Virgin Islands
St. ThomasBrusch, Stephen A.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
March 7, 2008
Virginia
WoodbridgeSteinberg, Andrew M. AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(revocation of attorney
license)
Indefinite from
January 24, 2008
Wisconsin
WaukeshaAcker, Amy S.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
March 4, 2008
MadisonChvala, Charles J.AttorneySuspended by default
decision in expedited
proceeding under
§ 10.82 (conviction
under Wisconsin Statutes
§ 946.12(3), misconduct
in public office and
§ 11.26(2)(b), limitations
on contributions)
Indefinite from
January 24, 2008
Iron RiverSchuh, Arthur L.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(conviction under 21
U.S.C. §§ 841(a)(1)
and (b)(1)(A) and
846, conspiracy to
distribute a controlled
substance; and 18
U.S.C. § 924(c)(1)(A)(I),
possession of a firearm
in furtherance of a drug
trafficking crime)
Indefinite from
February 5, 2008
2008–22 I.R.B.1051June 2, 2008

City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
Wisconsin (Continued)
MazomanieWinch, James T.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(suspension of attorney
license)
Indefinite from
January 24, 2008
June 2, 200810522008–22 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.
2008–22 I.R.B.iJune 2, 2008

Numerical Finding List
1
Bulletins 2008–1 through 2008–22
Announcements:
2008-1, 2008-1 I.R.B.246
2008-2, 2008-3 I.R.B.307
2008-3, 2008-2 I.R.B.269
2008-4, 2008-2 I.R.B.269
2008-5, 2008-4 I.R.B.333
2008-6, 2008-5 I.R.B.378
2008-7, 2008-5 I.R.B.379
2008-8, 2008-6 I.R.B.403
2008-9, 2008-7 I.R.B.444
2008-10, 2008-7 I.R.B.445
2008-11, 2008-7 I.R.B.445
2008-12, 2008-7 I.R.B.446
2008-13, 2008-8 I.R.B.480
2008-14, 2008-8 I.R.B.481
2008-15, 2008-9 I.R.B.511
2008-16, 2008-9 I.R.B.511
2008-17, 2008-9 I.R.B.512
2008-18, 2008-12 I.R.B.667
2008-19, 2008-11 I.R.B.624
2008-20, 2008-11 I.R.B.625
2008-21, 2008-13 I.R.B.691
2008-22, 2008-13 I.R.B.692
2008-23, 2008-14 I.R.B.731
2008-24, 2008-13 I.R.B.692
2008-25, 2008-14 I.R.B.732
2008-26, 2008-13 I.R.B.693
2008-27, 2008-15 I.R.B.751
2008-28, 2008-14 I.R.B.733
2008-29, 2008-15 I.R.B.786
2008-30, 2008-16 I.R.B.825
2008-31, 2008-15 I.R.B.787
2008-32, 2008-16 I.R.B.826
2008-33, 2008-16 I.R.B.826
2008-34, 2008-17 I.R.B.849
2008-35, 2008-17 I.R.B.849
2008-36, 2008-16 I.R.B.827
2008-37, 2008-17 I.R.B.850
2008-38, 2008-17 I.R.B.851
2008-39, 2008-18 I.R.B.867
2008-40, 2008-19 I.R.B.941
2008-41, 2008-19 I.R.B.943
2008-42, 2008-19 I.R.B.943
2008-43, 2008-19 I.R.B.944
2008-44, 2008-20 I.R.B.982
2008-45, 2008-20 I.R.B.982
2008-46, 2008-20 I.R.B.983
2008-47, 2008-20 I.R.B.983
2008-48, 2008-20 I.R.B.983
2008-49, 2008-21 I.R.B.1024
2008-50, 2008-21 I.R.B.1024
2008-51, 2008-22 I.R.B.
1040
2008-52, 2008-22 I.R.B.1040
Court Decisions:
2085, 2008-17 I.R.B.828
2086, 2008-19 I.R.B.905
Notices:
2008-1, 2008-2 I.R.B.251
2008-2, 2008-2 I.R.B.252
2008-3, 2008-2 I.R.B.253
2008-4, 2008-2 I.R.B.253
2008-5, 2008-2 I.R.B.256
2008-6, 2008-3 I.R.B.275
2008-7, 2008-3 I.R.B.276
2008-8, 2008-3 I.R.B.276
2008-9, 2008-3 I.R.B.277
2008-10, 2008-3 I.R.B.277
2008-11, 2008-3 I.R.B.279
2008-12, 2008-3 I.R.B.280
2008-13, 2008-3 I.R.B.282
2008-14, 2008-4 I.R.B.310
2008-15, 2008-4 I.R.B.313
2008-16, 2008-4 I.R.B.315
2008-17, 2008-4 I.R.B.316
2008-18, 2008-5 I.R.B.363
2008-19, 2008-5 I.R.B.366
2008-20, 2008-6 I.R.B.406
2008-21, 2008-7 I.R.B.431
2008-22, 2008-8 I.R.B.465
2008-23, 2008-7 I.R.B.433
2008-24, 2008-8 I.R.B.466
2008-25, 2008-9 I.R.B.484
2008-26, 2008-9 I.R.B.487
2008-27, 2008-10 I.R.B.543
2008-28, 2008-10 I.R.B.546
2008-29, 2008-12 I.R.B.637
2008-30, 2008-12 I.R.B.638
2008-31, 2008-11 I.R.B.592
2008-32, 2008-11 I.R.B.593
2008-33, 2008-12 I.R.B.642
2008-34, 2008-12 I.R.B.645
2008-35, 2008-12 I.R.B.647
2008-36, 2008-12 I.R.B.650
2008-37, 2008-12 I.R.B.654
2008-38, 2008-13 I.R.B.683
2008-39, 2008-13 I.R.B.684
2008-40, 2008-14 I.R.B.725
2008-41, 2008-15 I.R.B.742
2008-42, 2008-15 I.R.B.747
2008-43, 2008-15 I.R.B.748
2008-44, 2008-16 I.R.B.799
2008-45, 2008-17 I.R.B.835
2008-46, 2008-18 I.R.B.868
2008-47, 2008-18 I.R.B.869
2008-48, 2008-21 I.R.B.1008
2008-49, 2008-20 I.R.B.979
2008-50, 2008-21 I.R.B.1010
Proposed Regulations:
REG-208199-91, 2008-21 I.R.B.1017
REG-168745-03, 2008-18 I.R.B.871
REG-147290-05, 2008-10 I.R.B.576
REG-141998-06, 2008-19 I.R.B.911
REG-147775-06, 2008-19 I.R.B.916
REG-153589-06, 2008-14 I.R.B.730
REG-104713-07, 2008-6 I.R.B.409
REG-104946-07, 2008-11 I.R.B.596
REG-110136-07, 2008-17 I.R.B.838
REG-111583-07, 2008-4 I.R.B.319
REG-112196-07, 2008-21 I.R.B.1021
REG-114126-07, 2008-6 I.R.B.410
REG-114942-07, 2008-18 I.R.B.901
REG-119518-07, 2008-17 I.R.B.844
REG-124590-07, 2008-16 I.R.B.801
REG-127391-07, 2008-13 I.R.B.689
REG-136701-07, 2008-11 I.R.B.616
REG-137573-07, 2008-15 I.R.B.750
REG-139236-07, 2008-9 I.R.B.491
REG-141399-07, 2008-8 I.R.B.470
REG-143468-07, 2008-17 I.R.B.848
REG-147832-07, 2008-8 I.R.B.472
REG-149475-07, 2008-9 I.R.B.510
REG-151135-07, 2008-16 I.R.B.815
REG-108508-08, 2008-19 I.R.B.923
Revenue Procedures:
2008-1, 2008-1 I.R.B.1
2008-2, 2008-1 I.R.B.90
2008-3, 2008-1 I.R.B.110
2008-4, 2008-1 I.R.B.121
2008-5, 2008-1 I.R.B.164
2008-6, 2008-1 I.R.B.192
2008-7, 2008-1 I.R.B.229
2008-8, 2008-1 I.R.B.233
2008-9, 2008-2 I.R.B.258
2008-10, 2008-3 I.R.B.290
2008-11, 2008-3 I.R.B.301
2008-12, 2008-5 I.R.B.368
2008-13, 2008-6 I.R.B.407
2008-14, 2008-7 I.R.B.435
2008-15, 2008-9 I.R.B.489
2008-16, 2008-10 I.R.B.547
2008-17, 2008-10 I.R.B.549
2008-18, 2008-10 I.R.B.573
2008-19, 2008-11 I.R.B.594
2008-20, 2008-20 I.R.B.980
2008-21, 2008-12 I.R.B.657
2008-22, 2008-12 I.R.B.658
2008-23, 2008-12 I.R.B.664
2008-24, 2008-13 I.R.B.684
2008-25, 2008-13 I.R.B.686
2008-26, 2008-21 I.R.B.1014
2008-27, 2008-21 I.R.B.1014
1
A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2007–27 through 2007–52 is in Internal Revenue Bulletin
2007–52, dated December 26, 2007.
June 2, 2008ii2008–22 I.R.B.

Revenue Procedures— Continued:
2008-29, 2008-22 I.R.B.1039
Revenue Rulings:
2008-1, 2008-2 I.R.B.248
2008-2, 2008-2 I.R.B.247
2008-3, 2008-2 I.R.B.249
2008-4, 2008-3 I.R.B.272
2008-5, 2008-3 I.R.B.271
2008-6, 2008-3 I.R.B.271
2008-7, 2008-7 I.R.B.419
2008-8, 2008-5 I.R.B.340
2008-9, 2008-5 I.R.B.342
2008-10, 2008-13 I.R.B.676
2008-11, 2008-10 I.R.B.541
2008-12, 2008-10 I.R.B.520
2008-13, 2008-10 I.R.B.518
2008-14, 2008-11 I.R.B.578
2008-15, 2008-12 I.R.B.633
2008-16, 2008-11 I.R.B.585
2008-17, 2008-12 I.R.B.626
2008-18, 2008-13 I.R.B.674
2008-19, 2008-13 I.R.B.669
2008-20, 2008-14 I.R.B.716
2008-21, 2008-15 I.R.B.734
2008-22, 2008-16 I.R.B.796
2008-23, 2008-18 I.R.B.852
2008-24, 2008-18 I.R.B.861
2008-25, 2008-21 I.R.B.986
2008-26, 2008-21 I.R.B.985
2008-28, 2008-22 I.R.B.1029
Tax Conventions:
2008-8, 2008-6 I.R.B.403
2008-39, 2008-18 I.R.B.867
Treasury Decisions:
9368, 2008-6 I.R.B.382
9369, 2008-6 I.R.B.394
9370, 2008-7 I.R.B.428
9371, 2008-8 I.R.B.447
9372, 2008-8 I.R.B.462
9373, 2008-8 I.R.B.463
9374, 2008-10 I.R.B.521
9375, 2008-5 I.R.B.344
9376, 2008-11 I.R.B.587
9377, 2008-11 I.R.B.578
9378, 2008-14 I.R.B.720
9379, 2008-14 I.R.B.715
9380, 2008-14 I.R.B.718
9381, 2008-14 I.R.B.694
9382, 2008-9 I.R.B.482
9383, 2008-15 I.R.B.738
9384, 2008-16 I.R.B.792
9385, 2008-15 I.R.B.735
9386, 2008-16 I.R.B.788
9387, 2008-16 I.R.B.789
9388, 2008-17 I.R.B.832
Treasury Decisions— Continued:
9389, 2008-18 I.R.B.863
9390, 2008-18 I.R.B.855
9391, 2008-20 I.R.B.945
9392, 2008-19 I.R.B.903
9393, 2008-20 I.R.B.975
9394, 2008-21 I.R.B.988
9395, 2008-22 I.R.B.1031
9396, 2008-22 I.R.B.1026
9397, 2008-22 I.R.B.1025
2008–22 I.R.B.iiiJune 2, 2008

Finding List of Current Actions on
Previously Published Items
1
Bulletins 2008–1 through 2008–22
Announcements:
2006-88
Clarified and superseded by
Notice 2008-35, 2008-12 I.R.B.647
Notice 2008-36, 2008-12 I.R.B.650
2008-6
Superseded by
Ann. 2008-19, 2008-11 I.R.B.624
Notices:
2001-16
Modified by
Notice 2008-20, 2008-6 I.R.B.406
2001-60
Modified and superseded by
Notice 2008-31, 2008-11 I.R.B.592
2002-44
Superseded by
Notice 2008-39, 2008-13 I.R.B.684
2003-51
Superseded by
Rev. Proc. 2008-24, 2008-13 I.R.B.684
2006-27
Clarified and superseded by
Notice 2008-35, 2008-12 I.R.B.647
2006-28
Clarified and superseded by
Notice 2008-36, 2008-12 I.R.B.650
2006-52
Clarified and amplified by
Notice 2008-40, 2008-14 I.R.B.725
2006-77
Clarified and amplified by
Notice 2008-25, 2008-9 I.R.B.484
2006-107
Modified by
Notice 2008-7, 2008-3 I.R.B.276
2007-30
Modified and superseded by
Notice 2008-14, 2008-4 I.R.B.310
2007-45
Modified by
Notice 2008-49, 2008-20 I.R.B.979
2007-54
Clarified by
Notice 2008-11, 2008-3 I.R.B.279
Notices— Continued:
2008-13
Supplemented by
Notice 2008-46, 2008-18 I.R.B.868
2008-27
Clarified, amended, supplemented, and
superseded by
Notice 2008-41, 2008-15 I.R.B.742
Proposed Regulations:
REG-209020-86
Corrected by
Ann. 2008-11, 2008-7 I.R.B.445
REG-107592-00
Partial withdrawal by
Ann. 2008-25, 2008-14 I.R.B.732
REG-149856-03
Hearing scheduled by
Ann. 2008-26, 2008-13 I.R.B.693
REG-147290-05
Hearing scheduled by
Ann. 2008-43, 2008-19 I.R.B.944
REG-109367-06
Withdrawn by
Ann. 2008-41, 2008-19 I.R.B.943
REG-104946-07
Hearing scheduled by
Ann. 2008-47, 2008-20 I.R.B.983
REG-113891-07
Hearing scheduled by
Ann. 2008-4, 2008-2 I.R.B.269
REG-114126-07
Corrected by
Ann. 2008-36, 2008-16 I.R.B.827
REG-127770-07
Hearing scheduled by
Ann. 2008-24, 2008-13 I.R.B.692
REG-133300-07
Hearing scheduled by
Ann. 2008-34, 2008-17 I.R.B.849
REG-139236-07
Hearing scheduled by
Ann. 2008-42, 2008-19 I.R.B.943
REG-141399-07
Hearing cancelled by
Ann. 2008-31, 2008-15 I.R.B.787
Revenue Procedures:
97-36
Modified by
Rev. Proc. 2008-23, 2008-12 I.R.B.664
Revenue Procedures— Continued:
2001-23
Modified by
Rev. Proc. 2008-23, 2008-12 I.R.B.664
2002-9
Modified by
Rev. Proc. 2008-18, 2008-10 I.R.B.573
Modified and amplified by
Rev. Proc. 2008-25, 2008-13 I.R.B.686
2007-1
Superseded by
Rev. Proc. 2008-1, 2008-1 I.R.B.1
2007-2
Superseded by
Rev. Proc. 2008-2, 2008-1 I.R.B.90
2007-3
Superseded by
Rev. Proc. 2008-3, 2008-1 I.R.B.110
2007-4
Superseded by
Rev. Proc. 2008-4, 2008-1 I.R.B.121
2007-5
Superseded by
Rev. Proc. 2008-5, 2008-1 I.R.B.164
2007-6
Superseded by
Rev. Proc. 2008-6, 2008-1 I.R.B.192
2007-7
Superseded by
Rev. Proc. 2008-7, 2008-1 I.R.B.229
2007-8
Superseded by
Rev. Proc. 2008-8, 2008-1 I.R.B.233
2007-26
Obsoleted in part by
Rev. Proc. 2008-17, 2008-10 I.R.B.549
2007-31
Obsoleted in part by
Rev. Proc. 2008-19, 2008-11 I.R.B.594
2007-39
Superseded by
Rev. Proc. 2008-3, 2008-1 I.R.B.110
2007-52
Superseded by
Rev. Proc. 2008-9, 2008-2 I.R.B.258
2008-13
Corrected by
Ann. 2008-15, 2008-9 I.R.B.511
1
A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2007–27 through 2007–52 is in Internal Revenue Bulletin 2007–52, dated December 26,
2007.
June 2, 2008iv2008–22 I.R.B.

Revenue Rulings:
56-127
Obsoleted by
T.D. 9391, 2008-20 I.R.B.945
58-612
Clarified and amplified by
Rev. Rul. 2008-15, 2008-12 I.R.B.633
64-250
Amplified by
Rev. Rul. 2008-18, 2008-13 I.R.B.674
89-42
Modified and superseded by
Rev. Rul. 2008-17, 2008-12 I.R.B.626
92-19
Supplemented in part by
Rev. Rul. 2008-19, 2008-13 I.R.B.669
97-31
Modified and superseded by
Rev. Rul. 2008-17, 2008-12 I.R.B.626
2001-48
Modified and superseded by
Rev. Rul. 2008-17, 2008-12 I.R.B.626
2005-28
Clarified and superseded by
Rev. Rul. 2008-26, 2008-21 I.R.B.985
2007-4
Supplemented and superseded by
Rev. Rul. 2008-3, 2008-2 I.R.B.249
2008-22
Modified by
Ann. 2008-46, 2008-20 I.R.B.983
Treasury Decisions:
8697
Corrected by
Ann. 2008-38, 2008-17 I.R.B.851
9273
Corrected by
Ann. 2008-33, 2008-16 I.R.B.826
9362
Corrected by
Ann. 2008-9, 2008-7 I.R.B.444
Ann. 2008-12, 2008-7 I.R.B.446
9363
Corrected by
Ann. 2008-10, 2008-7 I.R.B.445
9368
Corrected by
Ann. 2008-29, 2008-15 I.R.B.786
Ann. 2008-30, 2008-16 I.R.B.825
9375
Corrected by
Ann. 2008-16, 2008-9 I.R.B.511
Treasury Decisions— Continued:
9386
Corrected by
Ann. 2008-35, 2008-17 I.R.B.849
2008–22 I.R.B.vJune 2, 2008

June 2, 20082008–22 I.R.B.

2008–22 I.R.B.June 2, 2008

June 2, 20082008–22 I.R.B.

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