us-irs-revenue-procedures-irb-2011-49-pdf•Internal Revenue Bulletin 2011-49 (PDF rendition): IRS Revenue Procedures
Internal Revenue Bulletin 2011-49 (PDF rendition): IRS Revenue Procedures
us-irs-revenue-procedures-irb-2011-49-pdfInternal Revenue Bulletin 2011-49 (PDF rendition): IRS Revenue ProceduresGuidance
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Bulletin No. 201 1-49 December 5, 2011 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. 2011–29, page 824. Accrual of liability to unknown payees.This ruling holds that an employer can establish the “fact of the liability” under section 461 of the Code for bonuses payable to a group of employees even though the employer does not know the iden- tity of any particular bonus recipient and the amount payable to that recipient until after the end of the taxable year. Rev. Rul. 76–345 revoked. Rev. Rul. 2011–30, page 826. 2011 base period T-bill rate.The “base period T-bill rate” for the period ending September 30, 2011, is published as required by section 995(f) of the Code. Rev. Rul. 2011–31, page 829. Federal rates; adjusted federal rates; adjusted federal long-term rate and the long-term exempt rate.For pur- poses of sections 382, 642, 1274, 1288, and other sections of the Code, tables set forth the rates for December 2011. ESTATE TAX Rev. Rul. 2011–28, page 830. Substitution of insurance policy.This ruling provides guid- ance regarding whether a grantor’s retention of a power, ex- ercisable in a nonfiduciary capacity, to acquire an insurance policy held by a trust by substituting other assets of equivalent value will cause the value of the insurance policy to be includible in the grantor’s gross estate under section 2042 of the Code. The ruling provides that a grantor’s retention of the power, ex- ercisable in a nonfiduciary capacity, to acquire an insurance policy held in trust by substituting other assets of equivalent value will not, by itself, cause the value of the insurance pol- icy to be includible in the grantor’s gross estate under section 2042, provided the trustee has a fiduciary obligation (under local law or the trust instrument) to ensure the grantor’s com- pliance with the terms of this power by satisfying itself that the properties acquired and substituted by the grantor are in fact of equivalent value, and further provided that the substitution power cannot be exercised in a manner that can shift benefits among the trust beneficiaries. ADMINISTRATIVE Notice 2011–94, page 834. Application of general welfare exclusion to Indian tribal government programs.This notice requests comments de- scribing actual or proposed Indian tribal government programs that provide benefits to members and the application of the general welfare exclusion to the programs and benefits. Rev. Proc. 2011–56, page 834. Trusts for Indian minors.This procedure provides a revised safe harbor for Indian tribes to establish trusts for tribal mem- bers who are minors or legally incompetent for the distribution of gaming revenues under the Indian Gaming Regulatory Act. Rev. Proc. 2003–14 clarified, modified, and superseded. Rev. Proc. 2011–57, page 836. This procedure publishes the amounts of unused housing credit carryovers allocated to qualified states under section 42(h)(3)(D) of the Code for calendar year 2011. Finding Lists begin on page ii. The IRS Mission Provide Americ a’s taxpayers top-quality service by helping them understa nd and meet their tax responsibilities and en- force the law wi th integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin contents are compiled semiannually into Cumulative Bulletins, which are sold on a single-copy basis. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, mod- ify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indi- cated. Procedures relating solely to matters of internal man- agement are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—19 86 Code. This part i ncludes rulings and decisions based on provisions of the Intern al Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Leg- islation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secre- tary (Enforcement). Part IV .—Items of General Interest. This par t includes notices of proposed rulemakings, disbar- ment an d suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The c ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402. December 5, 20112011–49 I.R.B. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 42.—L ow-Income Housing Credi t The adjusted a pplicable federal short-term, mid- term, and long -term rates are set forth for the month of December 20 11. See Rev. Rul. 2011-31, page 829. 26 CFR 1.42–14: Allocation rules for post-1989 State housing credit ceiling amounts. Guidance is provided to state housing credit agen- cies of qualified states that request an allocation of unused housing credit carryover under section 42(h)(3)(D) of the Internal Revenue Code. See Rev. Proc. 2011-57, page 836. Section 280G.—Golden Parachute Payments Federal short-term, mid-term, and long-term rates are set forth for the month of December 2011. See Rev. Rul. 2011-31, page 829. 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 December 2011. See Rev. Rul. 2011-31, page 829. Section 412.—Minimum Funding Standards The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of December 2011. See Rev. Rul. 2011-31, page 829. Section 451.—General Rules for Taxable Year of Inclusion 26 CFR 1.451–1: General rule for taxable year of inclusion. Rules are provided under which trusts for Indian tribal members who are minors or legally incompe- tent for the distribution of gaming revenues under the Indian Gaming Regulatory Act are treated as grantor trusts and the trust beneficiary is not taxed on distri- butions to the trust or income earned by the trust until actually or constructively received. See Rev. Proc. 2011-56, page 834. Section 461.— General Rule for Taxab le Year of Deduction 26 CFR 1.461–1: General rule for taxable year of deduction. Accrual of liability to unknown pay- ees.This ruling holds that an employer can establish the “fact of the liability” under section 461 of the Code for bonuses payable to a group of employees even though the employer does not know the identity of any particular bonus recipient and the amount payable to that recipient until after the end of the taxable year. Rev. Rul. 76–345 revoked. Rev. Rul. 2011–29 ISSUE Can an employer establish the “fact of the liability” under § 461 of the Internal Revenue Code for bonuses payable to a group of employees if the employer does not know the identity of any particular bonus recipient and the amount payable to that recipient until after the end of the tax- able year? FACTS Xuses an accrual method of accounting for fede ral income tax purposes.Xpays bonuses to a group of employees pursuant to a pro gram that defines the terms and condit ions under which the bonuses are paid fo r a taxable year.Xcommunicates the gen eral terms of the bonus program to employ ees when they become eligible and whene ver the program is changed. Under t he program, bonuses are paid to X’s em ployees for services performed dur- ing th e taxable year. The minimum to- tal am ount of bonuses payable under the progr am toX’s employees as a group is deter minable either (a) through a formula that i s fixed prior to the end of the taxable year , taking into account financial data re- flec ting results as of the end of that tax- able year, or (b) through other corporate acti on, such as a resolution ofX’s board of di rectors or compensation committee, mad e before the end of the taxable year, that fixes the bonuses payable to the em- ployees as a gr oup. To be eligible for a bonus, an empl oyee must perform services during the ta xable year and be employed onthedateth atXpays bonuses. Under the program, bonuses are paid after the end of the taxabl e year in which the employee performed t he related services but before the 15th day of the 3rd calendar month af- ter the clos e of that taxable year. Under the pr ogram, any bonus amount allocable t o an employee who is not employed on thedateonwhichXpays bonuses is reallocated among other el- igible emp loyees. Thus, the aggregate minimum am ount of bonusesXpays to its group of el igible employees is not reduced by the depa rture of an employee after the end of the taxable year but before bonuses are paid f or that year. LAW Section 4 61(a) provides that the amount of any ded uction or credit must be taken for the ta xable year that is the proper tax- able yea r under the method of accounting the taxp ayer uses to compute taxable in- come. Section 1.461–1(a)(2)(i) of the Income Tax Regu lations provides that, under an accrual method of accounting, a liabil- ity is in curred, and is generally taken into ac count for federal income tax pur- poses, in the taxable year in which (1) all the eve nts have occurred that establish the fac t of the liability, (2) the amount of the l iability can be determined with reaso nable accuracy, and (3) economic perfo rmance has occurred for the liability (coll ectively, the “all events test”).See also§ 1.446–1(c)(1)(ii)(A). This revenue rulin g addresses only whether the first prong of the all events test is met. The fi rst prong of the all events test requ ires that all the events have occurred that establish the fact of the liability. Gen- eral ly, all events occur to establish the fact of a l iability when (1) the event fixing the l iability, whether that be the required perf ormance or other event, occurs, or (2) payment is unconditionally due. Rev. Rul . 2007–3, 2007–1 C.B. 350; Rev. Rul . 80–230, 1980–2 C.B. 169; Rev. Rul. 2011–49 I.R.B.824December 5, 2011 79–410, 1979–2 C.B. 213,amplified by Rev. Rul. 2003–90, 2003–2 C.B. 353. Although an expense may be deductible before it is due and payable, liability for the expense first must be firmly estab- lished.United States v. General Dynamics Corp., 481 U.S. 239, 243–4 (1987). InWashington Post Co. v. United States, 405 F.2d 1279 (Ct. Cl. 1969), the United States Court of Claims held that a taxpayer incurred a liability to pay bonuses under a plan maintained for the benefit of its circulation dealers as a group. Un- der the plan, if a dealer did not meet cer- tain specified conditions, a portion of the dealer’s share would be forfeited and real- located to other dealers. Thus, even though the amount and time of actual payout to individual recipients were, at least in part, not determined, the court held that the total amount of the liability was fixed at the end of the taxable year. In Rev. Rul. 76–345, 1976–2 C.B. 134, the Internal Revenue Service announced that it would not follow Washington Postin similar cases. InUnited States v. Hughes Properties, Inc., 476 U.S. 593 (1986), the Supreme Court allowed a casino operator to deduct amounts guaranteed for payment of pro- gressive slot machine jackpots that had not yet been won by casino patrons. The Court reasoned that the taxpayer had a fixed obli- gation to pay the guaranteed amounts, and that the identification of the eventual re- cipients of the progressive jackpots was in- consequential. The Court noted that “[t]he obligation is there, and whether it turns out that the winner is one patron or another makes no conceivable difference as to ba- sic liability.”Hughes Properties,476U.S. at 602. ANALYSIS X’s liability to pay a minimum amount of bonuses to the group of eligible employ- ees is fixed at the end of the year in which the services are rendered.Xis obligated under the program to pay to the group the minimum amount of bonuses determined by the end of the taxable year. Any bonus allocable to an employee who is not em- ployed on the date on which bonuses are paid is reallocated to other eligible em- ployees. Thus, the fact ofX’s liability for the minimum amount of bonuses is es- tablished by the end of the year in which the services are rendered.SeeRev. Rul. 55-446, 1955-2 C.B. 531, as modified by Rev. Rul. 61-127, 1961-2 C.B. 36 (hold- ing that bonuses payable to ascertainable employees under an incentive compensa- tion plan that has been communicated to the employees, the exact amounts of which are determinable through a formula in ef- fect prior to the end of the taxable year, are properly accruable for Federal income tax purposes for the year to which they relate). This is true even though the identity of the ultimate recipients and the amount, if any, each employee will receive cannot be de- termined prior to the end of the taxable year.See Hughes Properties, supra.Ac- cordingly, for purposes of the first prong of the all events test under § 1.461-1(a)(2)(i), all the events have occurred by the end of the taxable year that establish the fact of X’s liability to pay the minimum amount of bonuses. HOLDING An employer can establish the “fact of the liability” under § 461 for bonuses payable to a group of employees even though the employer does not know the identity of any particular bonus recipient and the amount payable to that recipient until after the end of the taxable year. APPLICATION Any change in a taxpayer’s treatment of bonuses to conform with this revenue ruling is a change in method of account- ing that must be made in accordance with §§ 446 and 481, the regulations thereun- der, and the applicableadministrative pro- cedures.Seesection 19.01(2) of the AP- PENDIX of Rev. Proc. 2011–14, 2011–4 I.R.B. 330, 403. EFFECT ON OTHER DOCUMENTS Rev. Rul. 76–345 is revoked. DRAFTING INFORMATION The principal author of this revenue ruling is Jason D. Kristall of the Office of Associate Chief Counsel (Income Tax and Accounting). For further information regarding this revenue ruling, contact Mr. Kristall at (202) 622–5020 (not a toll-free call). Section 467.—Certain Payments for the Use of Property or Se rvices The adjusted a pplicable federal short-term, mid- term, and long -term rates are set forth for the month of December 20 11. See Rev. Rul. 2011-31, page 829. 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 December 2011. See Rev. Rul. 2011-31, page 829. Section 482 .—Allocation of Income and Deductions Among Taxpayers Federal short-term, mid-term, and long-term rates are set forth for the month of December 2011. See Rev. Rul. 2011-31, page 829. 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 December 2011. See Rev. Rul. 2011-31, page 829. Section 642.—Special Rules for Credits and Deductions Federal short-term, mid-term, and long-term rates are set forth for the month of December 2011. See Rev. Rul. 2011-31, page 829. Section 671.—Trust Income, Deductions, and Credits Attributable to Grantors and Others as Substantial Owners 26 CFR 1.671–1: Grantors and others treated as sub- stantial owners; scope. Rules are provided under which trusts for Indian tribal members who are minors or legally incompe- tent for the distribution of gaming revenues under the Indian Gaming Regulatory Act are treated as grantor trusts of which the tribe is the grantor and owner. See Rev. Proc. 2011-56, page 834. December 5, 20118252011–49 I.R.B. 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 December 2011. See Rev. Rul. 2011-31, page 829. 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 December 2011. See Rev. Rul. 2011-31, page 829. Section 995.—Taxation of DISC Income to Shareholders 2011 base period T-bill rate.The “base period T-bill rate” for the period ending September 30, 2011, is published as required by section 995(f) of the Code. Rev. Rul. 2011–30 Section 995(f)(1) of the Internal Rev- enue Code provides that a shareholder of a DISC shall pay interest each taxable year in an amount equal to the product of the shareholder’s DISC-related deferred tax li- ability for the year and the “base period T-bill rate.” Under section 995(f)(4), the base period T-bill rate is the annual rate of interest determined by the Secretary to be equivalent to the average of the 1-year constant maturity Treasury yields, as pub- lished by the Board of Governors of the Federal Reserve System, for the 1-year pe- riod ending on September 30 of the calen- dar year ending with (or of the most recent calendar year ending before) the close of the taxable year of the shareholder. The base period T-bill rate for the period end- ing September 30, 2011, is 0.22 percent. Pursuant to section 6222 of the Code, interest must be compounded daily. The table below provides factors for com- pounding the base period T-bill rate daily for any number of days in the share- holder’s taxable year (including a 52–53 week accounting period) for the 2011 base period T-bill rate. To compute the amount of the interest charge for the shareholder’s taxable year, multiply the amount of the shareholder’s DISC-related deferred tax liability (as defined in section 995(f)(2)) for that year by the base period T-bill rate factor corresponding to the number of days in the shareholder’s taxable year for which the interest charge is being com- puted. Generally, one would use the factor for 365 days. One would use a different factor only if the shareholder’s taxable year for which the interest charge being determined is a short taxable year, if the shareholder uses the 52–53 week taxable year, or if the shareholder’s taxable year is a leap year. For the base period T-bill rates for the periods ending in prior years, see Rev. Rul. 2010–28, 2010–49 I.R.B. 804; Rev. Rul. 2009–36, 2009–47 I.R.B. 650; Rev. Rul. 2008–51, 2008–2 C.B. 1171; Rev. Rul. 2007–64, 2007–2 C.B. 953; and Rev. Rul. 2006–54, 2006–2 C.B. 834. DRAFTING INFORMATION The principal author of this revenue ruling is Teresa Burridge Hughes of the Office of Associate Chief Counsel (International). For further information regarding this revenue ruling, contact Teresa B. Hughes at (202) 622–3850 (not a toll-free call). 2011 ANNUAL RATE, COMPOUNDED DAILY 0.22 PERCENT DAYSFACTOR 1.000006027 2 .000012055 3.000018082 4.000024110 5 .000030137 6 .000036165 7.000042193 8.000048220 9 .000054248 10.000060276 11.000066303 12.000072331 13 .000078359 14.000084387 15.000090415 16.000096443 17.000102471 18.000108499 19 .000114527 20 .000120555 21 .000126583 22.000132611 23.000138639 24.000144668 25.000150696 2011 ANNUAL RATE, COMPOUNDED DAILY 0.22 PERCENT DAYSFACTOR 26 .000156724 27 .000162752 28.000168781 29.000174809 30.000180838 31.000186866 32 .000192895 33.000198923 34 .000204952 35 .000210981 36.000217009 37.000223038 38.000229067 39 .000235095 40.000241124 41 .000247153 42 .000253182 43 .000259211 44 .000265240 45 .000271269 46.000277298 47.000283327 48 .000289356 49 .000295385 50 .000301414 51 .000307444 52 .000313473 53.000319502 54.000325531 55.000331561 56.000337590 57 .000343620 58 .000349649 59.000355679 60.000361708 61.000367738 62.000373767 63.000379797 64 .000385827 65.000391856 66.000397886 67.000403916 68.000409946 69 .000415976 70.000422006 71 .000428035 72 .000434065 73 .000440095 74.000446126 75.000452156 2011–49 I.R.B.826December 5, 2011 2011 ANNUAL RATE, COMPOUNDED DAILY 0.22 PERCENT DAYSFACTOR 76 .000458186 77.000464216 78.000470246 79.000476276 80.000482307 81.000488337 82.000494367 83 .000500398 84 .000506428 85.000512458 86 .000518489 87 .000524519 88 .000530550 89 .000536581 90 .000542611 91 .000548642 92 .000554673 93 .000560703 94 .000566734 95.000572765 96 .000578796 97 .000584827 98 .000590858 99 .000596889 100.000602920 101 .000608951 102.000614982 103.000621013 104.000627044 105.000633075 106.000639106 107 .000645138 108 .000651169 109 .000657200 110.000663232 111.000669263 112 .000675294 113.000681326 114 .000687357 115 .000693389 116.000699420 117 .000705452 118.000711484 119 .000717515 120 .000723547 2011 ANNUAL RATE, COMPOUNDED DAILY 0.22 PERCENT DAYSFACTOR 121 .000729579 122 .000735611 123.000741643 124.000747674 125.000753706 126 .000759738 127 .000765770 128.000771802 129.000777834 130.000783866 131.000789898 132 .000795931 133.000801963 134 .000807995 135 .000814027 136.000820060 137.000826092 138.000832124 139 .000838157 140.000844189 141 .000850222 142 .000856254 143.000862287 144.000868319 145.000874352 146 .000880385 147.000886417 148 .000892450 149.000898483 150.000904516 151.000910549 152.000916581 153 .000922614 154 .000928647 155 .000934680 156 .000940713 157 .000946746 158.000952780 159.000958813 160.000964846 161.000970879 162.000976912 163.000982946 164.000988979 165.000995012 2011 ANNUAL RATE, COMPOUNDED DAILY 0.22 PERCENT DAYSFACTOR 166.001001046 167.001007079 168.001013113 169.001019146 170 .001025180 171.001031213 172.001037247 173.001043280 174.001049314 175.001055348 176.001061382 177 .001067415 178.001073449 179.001079483 180 .001085517 181 .001091551 182 .001097585 183.001103619 184 .001109653 185.001115687 186.001121721 187 .001127755 188.001133790 189.001139824 190 .001145858 191 .001151892 192 .001157927 193.001163961 194 .001169995 195 .001176030 196.001182064 197.001188099 198.001194133 199.001200168 200.001206203 201.001212237 202.001218272 203.001224307 204.001230342 205 .001236376 206.001242411 207.001248446 208 .001254481 209 .001260516 210 .001266551 December 5, 20118272011–49 I.R.B. 2011 ANNUAL RATE, COMPOUNDED DAILY 0.22 PERCENT DAYSFACTOR 211 .001272586 212.001278621 213 .001284656 214.001290691 215 .001296727 216.001302762 217.001308797 218.001314832 219.001320868 220.001326903 221.001332938 222.001338974 223 .001345009 224 .001351045 225.001357080 226.001363116 227 .001369151 228 .001375187 229.001381223 230 .001387259 231.001393294 232.001399330 233 .001405366 234.001411402 235 .001417438 236.001423474 237 .001429510 238 .001435546 239 .001441582 240.001447618 241 .001453654 242 .001459690 243 .001465726 244.001471762 245 .001477799 246 .001483835 247.001489871 248 .001495908 249 .001501944 250.001507981 251.001514017 252.001520054 253.001526090 254.001532127 255.001538163 2011 ANNUAL RATE, COMPOUNDED DAILY 0.22 PERCENT DAYSFACTOR 256.001544200 257.001550237 258.001556274 259.001562310 260 .001568347 261 .001574384 262 .001580421 263 .001586458 264 .001592495 265.001598532 266 .001604569 267.001610606 268.001616643 269.001622680 270.001628717 271 .001634754 272.001640792 273.001646829 274 .001652866 275.001658904 276.001664941 277.001670979 278.001677016 279 .001683054 280.001689091 281 .001695129 282.001701166 283.001707204 284.001713242 285 .001719279 286 .001725317 287 .001731355 288.001737393 289.001743431 290.001749468 291 .001755506 292 .001761544 293 .001767582 294.001773620 295.001779659 296 .001785697 297 .001791735 298.001797773 299.001803811 300 .001809850 2011 ANNUAL RATE, COMPOUNDED DAILY 0.22 PERCENT DAYSFACTOR 301 .001815888 302.001821926 303 .001827965 304.001834003 305 .001840041 306.001846080 307 .001852118 308 .001858157 309.001864196 310.001870234 311.001876273 312.001882312 313 .001888350 314.001894389 315 .001900428 316.001906467 317 .001912506 318 .001918545 319 .001924584 320.001930623 321.001936662 322.001942701 323.001948740 324 .001954779 325 .001960818 326 .001966857 327.001972897 328.001978936 329 .001984975 330 .001991015 331 .001997054 332.002003093 333.002009133 334 .002015172 335 .002021212 336 .002027251 337.002033291 338.002039331 339 .002045370 340 .002051410 341 .002057450 342.002063490 343 .002069530 344 .002075569 345 .002081609 2011–49 I.R.B.828December 5, 2011 2011 ANNUAL RATE, COMPOUNDED DAILY 0.22 PERCENT DAYSFACTOR 346.002087649 347.002093689 348.002099729 349 .002105769 350 .002111809 351.002117850 352 .002123890 353 .002129930 354.002135970 355 .002142010 356.002148051 357.002154091 358 .002160131 359 .002166172 360.002172212 361 .002178253 362.002184293 363.002190334 364.002196374 365.002202415 366 .002208456 367.002214497 368 .002220537 2011 ANNUAL RATE, COMPOUNDED DAILY 0.22 PERCENT DAYSFACTOR 369 .002226578 370.002232619 371.002238660 Section 1274.—Determi- nation of Issue Price in the Case of Certain Debt Instru- ments Issued for Property (Also Sections 42, 280G, 382, 412, 467, 468, 482, 483, 642, 807, 846, 1288, 7520, 7872.) Federal rates; adjusted federal rates; adjusted federal long-term rate and the long-term exempt rate.For purposes of sections 382, 642, 1274, 1288, and other sections of the Code, tables set forth the rates for December 2011. Rev. Rul. 2011–31 This revenue ruling provides various prescribed rates for federal income tax purposes for December 2011 (the current month). Table 1 contains the short-term, mid-term, and long-term applicable fed- eral rates (AFR) for the current month for purposes of section 1274(d) of the Internal Revenue Code. Table 2 contains the short-term, mid-term, and long-term adjusted applicable federal rates (ad- justed AFR) for the current month for purposes of section 1288(b). Table 3 sets forth the adjusted federal long-term rate and the long-term tax-exempt rate de- scribed in section 382(f). Table 4 contains the appropriate percentages for deter- mining the low-income housing credit described in section 42(b)(1) for build- ings placed in service during the current month. However, under section 42(b)(2), the applicable percentage for non-feder- ally subsidized new buildings placed in service after July 30, 2008, and before December 31, 2013, shall not be less than 9%. Table 5 contains the federal rate for determining the present value of an annuity, an interest for life or for a term of years, or a remainder or a reversionary interest for purposes of section 7520. Finally, Table 6 contains contains the 2012 interest rate for sections 846 and 807. REV. RUL . 2011–31 TABLE 1 Applica ble Federal Rates (AFR) for December 2011 Period f or Compounding AnnualSemiann ual Quarter ly Monthly Short-t erm AFR.20%.20%.20%.20% 110% AFR.22%.22%.22%.22% 120% AFR.24%.24%.24%.24% 130% AFR.26%.26%.26%.26% Mid-term AFR1.27%1.27%1.27%1.27% 110% AF R 1.40%1.40%1.40%1.40% 120% AFR 1.53%1.52%1.52%1.52% 130% AFR1.66% 1.65%1.65% 1.64% 150% AFR 1.92%1.91%1.91%1.90% 175% AFR 2.23%2.22%2.21%2.21% Long -term AFR2.80 % 2.78 % 2.77 % 2.76 % 110% AFR3.08%3.06% 3.05% 3.04% 120% AFR3.37%3.34%3.33%3.32% 130 %AFR 3.6 4% 3.6 1% 3.59%3.58% December 5, 20118292011–49 I.R.B. REV. RUL. 2011–31 TABLE 2 Adjusted AFR for December 2011 Period for Compounding AnnualSemiannualQuarterlyMonthly Short-term adj usted AFR .45%.45%.45%.45% Mid-term adjusted AFR1.69%1.68%1.68%1.67% Long-term adjusted AFR 3.55%3.52%3.50% 3.49% REV. RUL. 2011–31 TABLE 3 Rates Under Section 382 for December 2011 Adjusted federal long-term rate for the current month 3.55% 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.)3.55% REV. RUL. 2011–31 TABLE 4 Appropriate Percentages Under Section 42(b)(1) for December 2011 Note: Under Section 42(b)(2), the applicable percentage for non-federally subsidized new buildings placed in service after July 30, 2008, and before December 31, 2013, shall not be less than 9%. Appropriate percentage for the 70% present value low-income housing credit7.47% Appropriate percentage for the 30% present value low-income housing credit3.20% REV. RUL. 2011–31 TABLE 5 Rate Under Section 7520 for December 2011 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 interest1.6% REV. RUL. 2011–31 TABLE 6 Rates Under Sections 846 and 807 Applicable rate of interest for 2012 for purposes of sections 846 and 8072.89% 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 December 2011. See Rev. Rul. 2011-31, page 829. Section 2042.—Proceeds of Life Insurance 26 CFR 20.2042–1: Proceeds of life insurance. Substitution of insurance policy. This ruling provides guidance regarding whether a grantor’s retention of a power, exercisable in a nonfiduciary capacity, to acquire an insurance policy held by a trust by substituting other assets of equivalent value will cause the value of the insurance policy to be includible in the grantor’s gross estate under section 2042 of the Code. The ruling provides that a grantor’s retention of the power, exercisable in a nonfiduciary capacity, to acquire an insur- ance policy held in trust by substituting other assets of equivalent value will not, by itself, cause the value of the insurance policy to be includible in the grantor’s gross estate under section 2042, provided the trustee has a fiduciary obligation (un- der local law or the trust instrument) to ensure the grantor’s compliance with the terms of this power by satisfying itself that the properties acquired and substituted by 2011–49 I.R.B.830December 5, 2011 the grantor are in fact of equivalent value, and further provided that the substitution power cannot be exercised in a manner that can shift benefits among the trust ben- eficiaries. Rev. Rul. 2011–28 ISSUE Whether a grantor’s retention of the power, exercisable in a nonfiduciary ca- pacity, to acquire an insurance policy held by a trust by substituting other assets of equivalent value will cause the value of the insurance policy to be includible in the grantor’s gross estate under § 2042 of the Internal Revenue Code. FACTS D, a United States citizen, established and funded Trust with cash. Thereafter, Trust purchased a life insurance policy on D’s life. Trust is an irrevocable trust for the benefit ofD’s descendants.Tis the trustee of Trust, and the terms of Trust prohibitD from serving as trustee of Trust.Dmakes gifts every year to Trust, and Trust pays the premium on the insurance policy. The proceeds of the policy are payable to Trust uponD’s death. Dcannot revoke, alter, amend, or termi- nate the trust. The governing instrument of Trust, however, providesDwith the power, exercisable at any time, to acquire any property held in Trust by substituting other property of equivalent value. The trust instrument provides that the power is exercisable byDin a nonfiduciary capac- ity, without the approval or consent of any person acting in a fiduciary capacity. To exercise the power of substitution,Dmust certify in writing that the substituted prop- erty and the Trust property for which it is substituted are of equivalent value. In addition, under local law,Thas a fidu- ciary obligation to ensure that the prop- erty thatDseeks to substitute is equiva- lent in value to the property distributed to D. Moreover, if a trust has two or more beneficiaries, local law requires the trustee to act impartially in investing and manag- ing the trust assets, taking into account any differing interests of the beneficiaries. Fi- nally, under local law and without restric- tion in the trust instrument,Thas the dis- cretionary power to acquire, invest, rein- vest, exchange, sell, convey, control, di- vide, partition, and manage the trust prop- erty in accordance with the standards pro- videdbylaw. D has no incidents of ownership in the insurance policy unless D’s right of substi- tution is considered an incident of owner- ship.Ddies without having exercised the power to substitute with respect to the life insurance policy. LAW AND ANALYSIS Section 2042(2) provides that the value of the gross estate includes the value of all property to the extent of the amount re- ceivable as insurance under policies on the life of the decedent by beneficiaries (other than the executor), with respect to which the decedent possessed at decedent’s date of death any of the incidents of ownership in the policies, exercisable either alone or in conjunction with any other person. Section 20.2042–1(c)(2) of the Estate Tax Regulations provides that the meaning of the term “incidents of ownership” is not confined to ownership of the policy in the technical legal sense. Generally speaking, the term refers to the right of the insured or the insured’s estate to the economic bene- fits of the policy. Thus, the term includes without limitation the power to change the beneficiary, to surrender or cancel the pol- icy, to assign the policy, to revoke an as- signment, to pledge the policy for a loan, or to obtain from the insurer a loan against the surrender value of the policy. Section 20.2042–1(c)(4) provides that a decedent is considered to have an incident of ownership in a policy held in trust if, un- der the terms of the policy, the decedent (either alone or in conjunction with an- other person) has the power (as trustee or otherwise) to change the beneficial own- ership in the policy or its proceeds, or the time or manner of enjoyment thereof, even though the decedent hasno beneficial in- terest in the trust. Moreover, assuming the decedent created the trust, such a power may result in the inclusion in the dece- dent’s gross estate under § 2036 or 2038 of other property transferred by the decedent to the trust if, for example, the decedent has the power to surrender the insurance policy and if the income otherwise used to pay premiums on the policy would be- come currently payable to a beneficiary of the trust in the event that the policy were surrendered. In Rev. Rul. 84–179, 1984–2 C.B. 195, the decedent purchased an insurance pol- icy on his life and transferred all incidents of ownership to his spouse. His spouse designated their adult child as the policy beneficiary. Subsequently, the spouse died and her will established a residuary trust for the benefit of the child. The decedent was designated the trustee of this trust. The insurance policy on the decedent’s life, which was part of the residuary es- tate, passed to the testamentary trust. As trustee, the decedent had broad discre- tionary powers in the management of the trust property and the power to distribute or accumulate income. Under the terms of the policy, the owner could elect to have the proceeds made payable according to various plans, use the loan value to pay the premiums, borrow on the policy, assign or pledge the policy, and elect to receive annual dividends. The will did not pre- clude the decedent from exercising these powers, although the decedent could not do so for his own benefit. The decedent paid the premiums on the policy out of other trust property and was still serving as trustee when he died. Citing the legislative history of § 2042(2), the ruling states that Congress intended § 2042 to parallel the statu- tory scheme governing those powers that would cause other types of property to be included in a decedent’s estate under §§ 2036 and 2038. Section 2036 applies to the transfer of property where rights or powers are retained incident to the transfer, and § 2038 pertains to situations where property is transferred and power over the property subsequently returns to the transferor-decedent. Under the facts in Rev. Rul. 84–179, the decedent transferred the policy to his wife and subsequently, in an unrelated transaction, reacquired incidents of owner- ship over the policy in a fiduciary capacity. The ruling holds that the decedent will not be considered to possess incidents of ownership in the policy for purposes of § 2042(2), provided the decedent could not exercise the powers for the decedent’s per- sonal benefit, the decedent did not transfer the policy or any of the consideration for purchasing or maintaining the policy to the trust from personal assets, and the de- volution of the powers to the decedent was not part of a prearranged plan involving the participation of decedent. December 5, 20118312011–49 I.R.B. The ruling further states, however, that the decedent will be deemed to have inci- dents of ownership over an insurance pol- icy on the decedent’s life where decedent’s powers are held in a fiduciary capacity and the decedent has transferred the pol- icy or any of the consideration for purchas- ing and maintaining the policy to the trust. Also, where the decedent’s powers could have been exercised fordecedent’s benefit, they will constitute incidents of ownership in the policy, without regard to how those powers were acquired and without consid- eration of whether the decedent transferred property to the trust. Thus, in such a sit- uation, if the decedent reacquires powers over insurance policies in an individual ca- pacity, the powers will constitute incidents of ownership even though the decedent is a transferee.See Estate of Fruehauf v. Com- missioner, 427 F.2d 80 (6th Cir. 1970); Estate of Skifter v. Commissioner,468 F. 2d 699 (2d Cir. 1972). InEstate of Jordahl v. Commissioner, 65 T.C. 92 (1975),acq. in result, 1977–2 C.B. 1, the decedent created aninter vivos trust. Thecorpusof the trust included in- surance policies on the decedent’s life and other income producing assets. Under the terms of the trust, the decedent reserved the power to substitute other securities or property for those held in trust, provided the substituted property was equal in value to the property replaced. After the dece- dent’s death, the Service argued that the trust assets were includible in the dece- dent’s gross estate under § 2038 because the decedent’s power to substitute assets of equal value could be exercised to alter the beneficial interests in the trust. The Ser- vice also argued that the proceeds from the insurance policies should also be included under § 2042(2) because the power to sub- stitute the insurance policies allowed the decedent to reacquire full ownership of the policies in the trust. The Tax Court determined that, because the decedent was bound by fiduciary stan- dards and was therefore accountable in eq- uity to the succeeding income beneficiary and remaindermen, the decedent could not exercise the power to deplete the trust or to shift trust benefits among the beneficia- ries. Accordingly, the Court held that the substitution power was not a power to al- ter, amend, or revoke the trust within the meaning of § 2038. The court further con- cluded that the decedent’s power to sub- stitute an insurance policy was merely a power to exchange at arm’s length. The Court held that such a power was in effect a right to purchase the policy and that such a right could not be considered an incident of ownership. In Rev. Rul. 2008–22, 2008–16 I.R.B. 796, the grantor created an irrevocable inter vivostrust for the benefit of the grantor’s descendants. The grantor re- tained the power, exercisable in a nonfidu- ciary capacity, to acquire any property held in the trust by substituting other property of equivalent value. The ruling concludes that the grantor’s retained power to sub- stitute assets of equivalent value will not, by itself, cause the value of the trust cor- pus to be includible in the grantor’s gross estate under § 2036 or 2038, provided the trustee has a fiduciary obligation (under local law or the trust instrument) to ensure the grantor’s compliance with the terms of this power by satisfying itself that the properties acquired and substituted by the grantor are in fact of equivalent value. The ruling further provides that the sub- stitution power cannot be exercised in a manner that would cause the shifting of benefits among the trust beneficiaries. In the instant case, like the situation pre- sented in Rev. Rul. 2008–22, the trust in- strument expressly prohibitsDfrom serv- ing as trustee and states thatD’s power to substitute assets of equivalent value is held in a nonfiduciary capacity. However, un- der the terms of Trust, the assets thatD may transfer into Trust must be equiva- lent in value to the insurance policies that Dwill receive. In addition,Thas a fidu- ciary obligation to ensure that the assets substituted are of equivalent value. Thus, Dcannot exercise the power to substitute assets in a manner that will reduce the value of the trust corpus or increaseD’s net worth. Further, in view ofT’s abil- ity to reinvest the assets andT’s duty of impartiality to the trust beneficiaries, there will be no shifting of benefits between or among the beneficiaries that could other- wise result from a substitution of property byD. Under these circumstances,D’s re- tained power to substitute assets of equiv- alent value for a life insurance policy held by Trust is not, by itself, an incident of ownership under § 2042(2). HOLDING A grantor’s retention of the power, ex- ercisable in a nonfiduciary capacity, to acquire an insurance policy held in trust by substituting other assets of equivalent value will not, by itself, cause the value of the insurance policy to be includible in the grantor’s gross estate under § 2042, pro- vided the trustee has a fiduciary obligation (under local law or the trust instrument) to ensure the grantor’s compliance with the terms of this power by satisfying itself that the properties acquired and substituted by the grantor are in fact of equivalent value, and further provided that the sub- stitution power cannot be exercised in a manner that can shift benefits among the trust beneficiaries. A substitution power cannot be exercised in a manner that can shift benefits if: (a) the trustee has both the power (under local law or the trust instrument) to reinvest the trust corpus and a duty of impartiality with respect to the trust beneficiaries; or (b) the nature of the trust’s investments or the level of in- come produced by any or all of the trust’s investments does not impact the respec- tive interests of the beneficiaries, such as when the trust is administered as a unitrust (under local law or the trust instrument) or when distributions from the trust are limited to discretionary distributions of principal and income. DRAFTING INFORMATION The principal author of this revenue rul- ing is Mayer Samuels of the Office of the Associate Chief Counsel (Passthroughs and Special Industries). For further in- formation regarding this revenue ruling, contact Mr. Samuels at (202) 622–3090 (not a toll-free call). Section 7520.—Valuation Tables The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of December 2011. See Rev. Rul. 2011-31, page 829. 2011–49 I.R.B.832December 5, 2011 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 December 2011. See Rev. Rul. 2011-31, page 829. December 5, 20118332011–49 I.R.B. Part III. Administrative, Procedural, and Miscellaneous Application of General Welfare Exclusion to Benefits Provided Under Indian Tribal Government Programs Notice 2011–94 PURPOSE This notice invites comments concern- ing the application of the general welfare exclusion to Indian tribal government pro- grams that provide benefits to tribal mem- bers. BACKGROUND Section 61(a) of the Internal Revenue Code provides that, except as otherwise provided by law, gross income means all income from whatever source derived. The Internal Revenue Service has con- sistently held, however, under a limited general welfare exclusion (the exclusion), that payments under governmental so- cial benefit programs for the promotion of the general welfare are not includi- ble in a recipient’s gross income. Rev. Rul. 2009–19, 2009–28 I.R.B. 111; Rev. Rul. 98–19, 1998–1 C.B. 840; Rev. Rul. 74–205, 1974–1 C.B. 20. To qualify under the exclusion, the payments must (1) be made to an individual under a govern- mental program, (2) be for the promotion of the general welfare (that is, based on need), and (3) not represent compensation for services. Rev. Rul. 2003–12, 2003–1 C.B. 283; Rev. Rul. 2005–46, 2005–2 C.B. 120. E.O. 13175 (November 6, 2000) re- quires Federal agencies to consult with tribal officials before formulating and im- plementing policies that have tribal impli- cations. REQUEST FOR COMMENTS The Service has received inquiries from Indian tribal governments about the ap- plication of the exclusion to tribal gov- ernment programs that provide benefits to tribal members. These programs may in- clude, but are not limited to: •Housing (for example, programs pro- viding housing on and off the reserva- tion, with income limits different from those of the United States Department of Housing and Urban Development); •Cultural (for example, programs in- volving tours of sites that are histor- ically significant to a tribe; language preservation programs; community recreational programs; cultural and social events); •Education (for example, programs pro- viding tutors or supplies to primary and secondary school students; job retrain- ing programs for adults); •Elder programs (for example, pro- grams providing heating assistance or meals). In response to these inquiries, and to provide clarity and certainty to Indian tribal governments and consistency in applying the exclusion, the Service and the Treasury Department are considering issuing guidance. Pursuant to E.O. 13175, comments are invited describing actual or proposed Indian tribal government pro- grams that provide benefits to members and the application of the exclusion to these programs and benefits. Comments may be submitted in writ- ing on or before February 13, 2012. Comments should be submitted to In- ternal Revenue Service, CC:PA:LPD:PR (Notice 2011–94), Room 5203, P.O. Box 7604, Ben Franklin Station, Wash- ington, DC 20044, or electronically to Notice.Comments@irscounsel.treas.gov. Please include “Notice 2011–94” in the subject line of any electronic communications.Alternatively, comments may be hand delivered between the hours of 8:00 a.m. and 4:00 p.m.Monday to Friday to CC:PA:LPD:PR (Notice 2011–94), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue NW, Washington, D.C. All comments will be available for public inspection and copying. DRAFTING INFORMATION The principal author of this notice is Sheldon Iskow of the Office of Associate Chief Counsel (Income Tax & Account- ing). For further information, please con- tact Mr. Iskow at (202) 622–4920 (not a toll-free call). 26 CFR 601.601: Rules and regulations. (Also Part I, §§ 61, 451, 671; 1.61–1; 1.451–1; 1.671–1.) Rev. Proc. 2011–56 SECTION 1. PURPOSE AND CHANGES .01Purpose. (1) This revenue procedure clarifies, modifies, and supersedes Rev. Proc. 2003–14, 2003–1 C.B. 319, which pro- vides a safe harbor under which the In- ternal Revenue Service treats an Indian tribe as the grantor and owner of a trust for the receipt of gaming revenues under the Indian Gaming Regulatory Act (25 U.S.C. §§ 2701–2721) (IGRA) for the benefit of minors or legal incompetents. Under the safe harbor, beneficiaries of an IGRA trust are not required to include amounts in gross income under the economic benefit doctrine when transferred to, or earned by, the IGRA trust, but must include trust distributions in income when actually or constructively received. (2) Rev. Proc. 2003–14 requested public comments. In response to those comments, this revenue procedure re- vises sections 5.02(5), 5.02(6), 5.02(8)(a), 5.02(8)(b), and 5.02(8)(e) of Rev. Proc. 2003–14, and adds a new section 5.02(9). .02Changes. (1) Section 6 of Rev. Proc. 2003–14 added to Rev. Proc. 2003–3, 2003–1 C.B. 113, certain areas under § 451 and §§ 671–679 of the Internal Revenue Code in which the Service will not issue ruling or determination letters concerning IGRA trusts. Guidance superseding Rev. Proc. 2003–3 incorporates these no-rule areas. Seesections 4.01(34), 4.01(41), 5.08, and 5.10 of Rev. Proc. 2011–3, 2011–1 I.R.B. 111, and its successors. Therefore, section 6 of Rev. Proc. 2003–14 is obsolete. (2) Section 5.02(5) removes the refer- ences to federal and local trust law because the validity of trusts is governed by state or tribal law. 2011–49 I.R.B.834December 5, 2011 (3) Section 5.02(6) clarifies that an IGRA trust must be an ordinary trust for purposes of the federal tax laws. (4) Section 5.02(8)(a) expressly allows a trust instrument to provide that the dis- tributions to or for the benefit of minors or legal incompetents at the discretion of the trustee must comply with the re- quirements of 25 U.S.C. § 2710(b)(3) and 25 CFR § 290.12(b)(3). (5) Section 5.02(8)(b) removes the term “contractual” because the rights created under an IGRA trust instrument are not contractual. (6) Section 5.02(8)(e) expands the class of persons who may receive a deceased beneficiary’s share of the trust to include persons who receive property or interests under the beneficiary’s will or trust, or in accordance with state or tribal intestacy law. (7) Section 5.02(9) expressly allows a trust instrument to provide for trust distri- butions at a specified age or ages or upon the occurrence or nonoccurrence of a spec- ified event or events. SECTION 2. BACKGROUND .01 Indian tribes and their members have requested guidance on determining the taxable years in which beneficiaries must include in gross income amounts transferred to, or earned by, an IGRA trust, and under what circumstances a tribe will be considered the grantor and owner of an IGRA trust. .02 Under § 451 and §§ 1.451–1(a) and 1.451–2 of the Income Tax Regula- tions, a taxpayer using the cash receipts and disbursements method of accounting must include gains, profits, and income in gross income for the taxable year in which those items are actually or constructively received. In addition, under the economic benefit doctrine, a taxpayer using the cash receipts and disbursements method of ac- counting must include in gross income currently any financial or economic ben- efit derived from the absolute right to receive property in the future that has been irrevocably and unconditionally set aside for the taxpayer in a trust or fund.Sproull v. Commissioner,16 T.C. 244 (1951), aff’d per curiam,194 F.2d 541 (6 th Cir. 1952);Pulsifer v. Commissioner,64 T.C. 245 (1975). .03 Section 671 provides that, when specified under subpart E, part 1, subchap- ter J, chapter 1, subtitle A (subpart E) that a grantor or another person is treated as the owner of any portion of a trust, then the taxable income and credits of the grantor or other person includes the items of in- come, deductions, and credits of the trust attributable to that portion of the trust to the extent that these items are included in computing an individual’s taxable income or credits. .04 IGRA provides rules regarding the conduct of class II and class III gaming on Indian lands within an Indian tribe’s juris- diction and an Indian tribe’s use of rev- enues from that gaming. Under IGRA, an Indian tribe may use net revenues from any class II and class III gaming activi- ties it conducts or licenses to makeper capitapayments to members of the Indian tribe only if: (1) the Indian tribe has pre- pared a plan to allocate revenues to au- thorized uses; (2) the Secretary of the In- terior approves the plan as adequate; (3) the interests of minors and other legally incompetent persons who are entitled to receive any of theper capitapayments are protected and preserved and theper capitapayments are disbursed to the par- ents or legal guardians of the minors or le- gal incompetents in such amounts as may be necessary for the health, education, or welfare of the minors or other legally in- competent persons under a plan approved by the Secretary of the Interior and the governing body of the Indian tribe; and (4) theper capitapayments are subject to federal taxation and the Indian tribe no- tifies members of that tax liability when payments are made. Section 11(b)(3) and (d)(1)(A) of IGRA, 25 U.S.C. § 2710(b)(3) and (d)(1)(A). SECTION 3. SCOPE This revenue procedure applies to In- dian tribes, IGRA trusts, and beneficiaries of IGRA trusts. SECTION 4. DEFINITIONS For purposes of this revenue procedure: .01Indian tribe. The term “In- dian tribe” has the same meaning as in 25 U.S.C. § 2703(5). .02IGRA trust. An “IGRA trust” is a trust that an Indian tribe establishes under IGRA to receive and investper capitapay- ments for its members who are minors or legal incompetents pending distribution of the trust assets to those members after they attain the age of majority or cease to be le- gal incompetents. .03Minor and legal incompetent.The terms “minor” and “legal incompetent” havethesamemeaningasin25CFR §290.2(relatingtoreviewofIndiantribal revenue allocation plans adopted under IGRA). .04Per capita payment.Theterm“per capitapayment” has the same meaning as in 25 CFR § 290.2, but does not include compensation for services. SECTION 5. APPLICATION .01In general.Foranyperiodinwhich each of the requirements of section 5.02 of this revenue procedure is met: (1) The Service will treat an Indian tribe that establishes (or has established) an IGRA trust as the grantor and owner of the trust under subpart E, and (2) The Service will not require bene- ficiaries of an IGRA trust to includeper capitapayments received by the trust, and any earnings on theper capitapayments, in gross income until the taxable year that the beneficiaries actually or constructively receive the amounts under § 451 and the regulations thereunder. .02Requirements and Options for IGRA trusts. (1) The Indian tribe has complied with the requirements of § 11(b)(3) of IGRA, 25 U.S.C. § 2710(b)(3), regarding the dis- bursementof per capitapayments to mem- bers of the Indian tribe. (2) All contributions to the trust areper capitapayments disbursed under a rev- enue allocation plan that complies with the requirements of § 11(b)(3) of IGRA, 25 U.S.C. § 2710(b)(3). (3) Each trust beneficiary is a member of the Indian tribe that establishes the trust. (4) Each trust beneficiary is a minor or legal incompetent at the time of the estab- lishment of a trust interest for the benefi- ciary, and all contributions to the trust for that beneficiary are made for the period that the beneficiary is a minor or legal in- competent. (5) The trust is a valid trust under appli- cable state or tribal law and all of the ma- December 5, 20118352011–49 I.R.B. terial terms and provisions of the trust are enforceable under that law. (6) The trust satisfies the definition of an ordinary trust in § 301.7701–4(a) of the Procedure and Administration Regulations and the governing trust instrument states that the trust is intended to be a grantor trust, that the Indian tribe is the grantor of the trust (within the meaning of subpart E), and that the trust will be construed accord- ingly. (7) The governing trust instrument grants to the Indian tribe a power, an inter- est, or a combination thereof, described in §§ 673 through 677, that would cause the Indian tribe to be treated as owner of the trust under subpart E. (8) The governing trust instrument in- cludes the following provisions. (a) Trust assets are not available to or for the benefit of a beneficiary until the beneficiary ceases to be a minor or legal incompetent, except for distributions for the health, education, or welfare of the beneficiary made at the discretion of the trustee pursuant to the governing trust in- strument. The trust instrument may pro- vide that these discretionary distributions are made under a plan approved by the governing body of the Indian tribe meeting the requirements of 25 CFR § 290.12(b)(3) (requiring criteria for distributions and a dispute resolution process). (b) Beneficiaries have no preferred claim on, or any beneficial ownership in- terest in, any assets of the trust; any rights created under the trust instrument are mere unsecured rights of beneficiaries against the Indian tribe; and at all times during the continuance of the trust, the principal and income of the trust are subject to claims of general creditors of the Indian tribe under applicable federal, state, local, and tribal law. (c) The trustee shall cease payments to or for the benefit of beneficiaries and shall hold the assets of the trust for the bene- fit of the Indian tribe’s general creditors throughout any period during which the trustee believes or has reason to believe that the Indian tribe is unable to pay its debts as they become due, or is subject to a pending insolvency or bankruptcy pro- ceeding. (d) Amounts payable to or for the ben- efit of beneficiaries under the governing trust instrument may not be anticipated, as- signed (either at law or in equity), alien- ated, pledged, encumbered or subjected to attachment, garnishment, levy, execution, or other legal or equitable process. (e) The beneficiary’s share will be paid to the Indian tribe if the beneficiary dies while a minor, legal incompetent, or be- fore the conditions for full distribution pro- vided in the governing trust instrument oc- cur. However, the governing trust instru- ment may provide that the beneficiary’s share may be paid pursuant to a valid will or trust of the beneficiary, or to persons who may inherit from the beneficiary un- der applicable state or tribal intestacy laws. (9) The trust instrument may provide that after the beneficiary ceases to be a minor or legal incompetent, the trust may make distributions to or for the benefit of the beneficiary at a specified age or ages or upon the occurrence ornonoccurrence of a specified event or events. SECTION 6. EFFECTIVE DATE This revenue procedure is effective for IGRA trusts established or amended on or after November 14, 2011. Taxpayers may apply this revenue procedure to IGRA trusts established before November 14, 2011, for taxable years for which the pe- riod of limitation on refund or credit under §6511hasnotexpired. SECTION 7. TRANSITION RELIEF The Service will not treat as a tax- able event under § 1001 a modification or amendment of an IGRA trust made to come within this revenue procedure. SECTION 8. EFFECT ON OTHER DOCUMENTS Rev. Proc. 2003–14 is clarified, modi- fied, and superseded. DRAFTING INFORMATION The principal author of this revenue procedure is Christina Glendening of the Office of the Associate Chief Counsel (Income Tax and Accounting). For further information regarding this revenue pro- cedure, contact Ms. Glendening at (202) 622–4920 (not a toll-free call). 26 CFR 601.105: Examination of returns and claims for refund, credit, or abatement; determination of correct tax liability. (Also Part I, § 42; 1.42–14.) Rev. Proc. 2011–57 SECTION 1. PURPOSE This revenue procedure publishes the amounts of unused housing credit carry- overs allocated to qualified states under § 42(h)(3)(D) of the Internal Revenue Code for calendar year 2011. SECTION 2. BACKGROUND Rev. Proc. 92–31, 1992–1 C.B. 775, provides guidance tostate housing credit agencies of qualified states on the pro- cedure for requesting an allocation of unused housing credit carryovers under § 42(h)(3)(D). Section 4.06 of Rev. Proc. 92–31 provides that the Internal Rev- enue Service will publish in the Internal Revenue Bulletin the amount of unused housing credit carryovers allocated to qualified states for a calendar year from a national pool of unused credit authority (the National Pool). This revenue proce- dure publishes these amounts for calendar year 2011. SECTION 3. PROCEDURE The unused housing credit carryover amount allocated from the National Pool by the Secretary to each qualified state for calendar year 2011 is as follows: 2011–49 I.R.B.836December 5, 2011 Qualified StateAmount Allocated California 570,425 Delaware13,749 District of Columbia9,213 Florida287,882 Georgia 148,335 Illinois196,460 Kansas43,686 Kentucky66,444 Louisiana69,414 Maine20,340 Maryland88,404 Massachusetts 100,256 Michigan 151,336 Minnesota81,213 Nebraska 27,965 Nevada 41,350 New Jersey134,620 New York296,714 North Carolina 146,051 Ohio 176,645 Oregon 58,661 Pennsylvania194,496 South Carolina70,823 Texas 385,024 Utah42,320 Vermont 9,581 Virginia 122,510 Washington 102,965 EFFECTIVE DATE This revenue procedure is effective for allocations of housing credit dollar amounts attributable to the National Pool component of a qualified state’s housing credit ceiling for calendar year 2011. DRAFTING INFORMATION The principal author of this revenue procedure is Christopher J. Wilson of the Office of Associate Chief Counsel (Passthroughs and Special Industries). For further information regarding this revenue procedure, contact Mr. Wilson at (202) 622–3040 (not a toll-free call). December 5, 20118372011–49 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. 2011–49 I.R.B.iDecember 5, 2011 Numerical Finding List 1 Bulletins 2011–27 through 2011–49 Announcements: 2011-37, 2011-27 I.R.B.37 2011-38, 2011-28 I.R.B.45 2011-39, 2011-28 I.R.B.46 2011-40, 2011-29 I.R.B.56 2011-41, 2011-28 I.R.B.47 2011-42, 2011-32 I.R.B.138 2011-43, 2011-35 I.R.B.198 2011-44, 2011-33 I.R.B.164 2011-45, 2011-34 I.R.B.178 2011-46, 2011-34 I.R.B.178 2011-47, 2011-34 I.R.B.178 2011-48, 2011-36 I.R.B.227 2011-49, 2011-36 I.R.B.228 2011-50, 2011-38 I.R.B.409 2011-51, 2011-38 I.R.B.409 2011-52, 2011-38 I.R.B.409 2011-53, 2011-38 I.R.B.409 2011-54, 2011-38 I.R.B.409 2011-55, 2011-38 I.R.B.409 2011-56, 2011-38 I.R.B.409 2011-57, 2011-38 I.R.B.409 2011-58, 2011-38 I.R.B.410 2011-59, 2011-37 I.R.B.335 2011-61, 2011-39 I.R.B.453 2011-62, 2011-40 I.R.B.483 2011-63, 2011-41 I.R.B.503 2011-64, 2011-41 I.R.B.503 2011-65, 2011-44 I.R.B.691 2011-66, 2011-44 I.R.B.691 2011-67, 2011-44 I.R.B.691 2011-68, 2011-44 I.R.B.691 2011-69, 2011-44 I.R.B.691 2011-70, 2011-45 I.R.B.715 2011-71, 2011-46 I.R.B.770 2011-72, 2011-47 I.R.B.796 2011-73, 2011-48 I.R.B.822 2011-74, 2011-47 I.R.B.796 2011-75, 2011-48 I.R.B.823 Notices: 2011-47, 2011-27 I.R.B.34 2011-50, 2011-27 I.R.B.35 2011-51, 2011-27 I.R.B.36 2011-52, 2011-30 I.R.B.60 2011-53, 2011-32 I.R.B.124 2011-54, 2011-29 I.R.B.53 2011-55, 2011-29 I.R.B.53 2011-56, 2011-29 I.R.B.54 2011-57, 2011-31 I.R.B.84 2011-58, 2011-31 I.R.B.85 2011-59, 2011-31 I.R.B.86 Notices— Continued: 2011-60, 2011-31 I.R.B.90 2011-61, 2011-31 I.R.B.91 2011-62, 2011-32 I.R.B.126 2011-63, 2011-34 I.R.B.172 2011-64, 2011-37 I.R.B.231 2011-65, 2011-34 I.R.B.173 2011-66, 2011-35 I.R.B.184 2011-67, 2011-34 I.R.B.174 2011-68, 2011-36 I.R.B.205 2011-69, 2011-39 I.R.B.445 2011-70, 2011-32 I.R.B.135 2011-71, 2011-37 I.R.B.233 2011-72, 2011-38 I.R.B.407 2011-73, 2011-40 I.R.B.474 2011-74, 2011-41 I.R.B.496 2011-75, 2011-40 I.R.B.475 2011-76, 2011-40 I.R.B.479 2011-78, 2011-41 I.R.B.497 2011-79, 2011-41 I.R.B.498 2011-80, 2011-43 I.R.B.591 2011-81, 2011-42 I.R.B.513 2011-82, 2011-42 I.R.B.516 2011-83, 2011-43 I.R.B.593 2011-84, 2011-43 I.R.B.595 2011-85, 2011-44 I.R.B.605 2011-86, 2011-45 I.R.B.698 2011-87, 2011-45 I.R.B.699 2011-88, 2011-46 I.R.B.748 2011-89, 2011-46 I.R.B.748 2011-90, 2011-47 I.R.B.791 2011-91, 2011-47 I.R.B.792 2011-92, 2011-48 I.R.B.809 2011-93, 2011-48 I.R.B.810 2011-94, 2011-49 I.R.B.834 Proposed Regulations: REG-128224-06, 2011-42 I.R.B.533 REG-146537-06, 2011-48 I.R.B.813 REG-137128-08, 2011-28 I.R.B.43 REG-140280-09, 2011-45 I.R.B.709 REG-114749-09, 2011-48 I.R.B.819 REG-146297-09, 2011-47 I.R.B.795 REG-112805-10, 2011-40 I.R.B.482 REG-120391-10, 2011-39 I.R.B.451 REG-125592-10, 2011-32 I.R.B.137 REG-125949-10, 2011-45 I.R.B.712 REG-131491-10, 2011-36 I.R.B.208 REG-133002-10, 2011-46 I.R.B.766 REG-140038-10, 2011-42 I.R.B.537 REG-109006-11, 2011-37 I.R.B.334 REG-101352-11, 2011-30 I.R.B.75 REG-111283-11, 2011-42 I.R.B.573 REG-116284-11, 2011-43 I.R.B.598 REG-118809-11, 2011-33 I.R.B.162 REG-122813-11, 2011-35 I.R.B.197 Proposed Regulations— Continued: REG-126519-11, 2011-39 I.R.B.452 Revenue Procedures: 2011-38, 2011-30 I.R.B.66 2011-39, 2011-30 I.R.B.68 2011-40, 2011-37 I.R.B.235 2011-41, 2011-35 I.R.B.188 2011-42, 2011-37 I.R.B.318 2011-43, 2011-37 I.R.B.326 2011-44, 2011-39 I.R.B.446 2011-45, 2011-39 I.R.B.449 2011-46, 2011-42 I.R.B.518 2011-47, 2011-42 I.R.B.520 2011-48, 2011-42 I.R.B.527 2011-49, 2011-44 I.R.B.608 2011-50, 2011-44 I.R.B.628 2011-51, 2011-44 I.R.B.669 2011-52, 2011-45 I.R.B.701 2011-53, 2011-46 I.R.B.749 2011-54, 2011-46 I.R.B.759 2011-55, 2011-47 I.R.B.793 2011-56, 2011-49 I.R.B.834 2011-57, 2011-49 I.R.B.836 Revenue Rulings: 2011-14, 2011-27 I.R.B.31 2011-15, 2011-30 I.R.B.57 2011-16, 2011-32 I.R.B.93 2011-17, 2011-33 I.R.B.160 2011-18, 2011-39 I.R.B.428 2011-19, 2011-36 I.R.B.199 2011-20, 2011-36 I.R.B.202 2011-21, 2011-40 I.R.B.458 2011-22, 2011-41 I.R.B.489 2011-23, 2011-43 I.R.B.585 2011-24, 2011-41 I.R.B.485 2011-25, 2011-45 I.R.B.695 2011-26, 2011-48 I.R.B.803 2011-27, 2011-48 I.R.B.805 2011-28, 2011-49 I.R.B.830 2011-29, 2011-49 I.R.B.824 2011-30, 2011-49 I.R.B.826 2011-31, 2011-49 I.R.B.829 Treasury Decisions: 9527, 2011-27 I.R.B.1 9528, 2011-28 I.R.B.38 9529, 2011-30 I.R.B.57 9530, 2011-31 I.R.B.77 9531, 2011-31 I.R.B.79 9532, 2011-32 I.R.B.95 9533, 2011-33 I.R.B.139 9534, 2011-33 I.R.B.144 9535, 2011-39 I.R.B.415 9536, 2011-39 I.R.B.426 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2011–1 through 2011–26 is in Internal Revenue Bulletin 2011–26, dated June 27, 2011. December 5, 2011ii2011–49 I.R.B. Treasury Decisions— Continued: 9537, 2011-35 I.R.B.181 9538, 2011-37 I.R.B.229 9539, 2011-35 I.R.B.179 9540, 2011-38 I.R.B.341 9541, 2011-39 I.R.B.438 9542, 2011-39 I.R.B.411 9543, 2011-40 I.R.B.470 9544, 2011-40 I.R.B.458 9545, 2011-41 I.R.B.490 9546, 2011-42 I.R.B.505 9547, 2011-43 I.R.B.580 9548, 2011-46 I.R.B.716 9549, 2011-46 I.R.B.718 9550, 2011-47 I.R.B.785 9551, 2011-47 I.R.B.774 9552, 2011-47 I.R.B.783 9553, 2011-48 I.R.B.806 2011–49 I.R.B.iiiDecember 5, 2011 Finding List of Current Actions on Previously Published Items 1 Bulletins 2011–27 through 2011–49 Announcements: 2007-47 Updated and superseded by Ann. 2011-59, 2011-37 I.R.B.335 Notices: 2002-1 Amplified by Notice 2011-86, 2011-45 I.R.B.698 2006-101 Amplified and superseded by Notice 2011-64, 2011-37 I.R.B.231 2007-93 Obsoleted by T.D. 9545, 2011-41 I.R.B.490 2010-23 Modified and supplemented by Notice 2011-54, 2011-29 I.R.B.53 2010-77 Modified by Notice 2011-85, 2011-44 I.R.B.605 2010-81 Amended and supplemented by Notice 2011-63, 2011-34 I.R.B.172 2010-88 Modified by Ann. 2011-40, 2011-29 I.R.B.56 2010-90 Modified by Notice 2011-85, 2011-44 I.R.B.605 Proposed Regulations: REG-158677-05 Withdrawn by Ann. 2011-75, 2011-48 I.R.B.823 REG-118761-09 Hearing scheduled by Ann. 2011-38, 2011-28 I.R.B.45 REG-151687-10 Hearing scheduled by Ann. 2011-48, 2011-36 I.R.B.227 Revenue Procedures: 72-36 Amplified and modified by Rev. Proc. 2011-42, 2011-37 I.R.B.318 2003-14 Clarified, modified, and superseded by Rev. Proc. 2011-56, 2011-49 I.R.B.834 Revenue Procedures— Continued: 2004-29 Amplified and modified by Rev. Proc. 2011-42, 2011-37 I.R.B.318 2005-16 Modified and superseded by Rev. Proc. 2011-49, 2011-44 I.R.B.608 2006-56 Modified and amplified by Rev. Proc. 2011-46, 2011-42 I.R.B.518 2007-35 Amplified and modified by Rev. Proc. 2011-42, 2011-37 I.R.B.318 2008-24 Modified and superseded by Rev. Proc. 2011-38, 2011-30 I.R.B.66 2008-32 Superseded by Rev. Proc. 2011-39, 2011-30 I.R.B.68 2010-33 Superseded by Rev. Proc. 2011-50, 2011-44 I.R.B.628 2010-37 Superseded by Rev. Proc. 2011-51, 2011-44 I.R.B.669 2010-39 Amplified, modified, and superseded by Rev. Proc. 2011-47, 2011-42 I.R.B.520 2011-4 Modified by Rev. Proc. 2011-44, 2011-39 I.R.B.446 2011-6 Modified by Rev. Proc. 2011-49, 2011-44 I.R.B.608 2011-8 Modified by Rev. Proc. 2011-49, 2011-44 I.R.B.608 2011-14 Modified by Rev. Proc. 2011-43, 2011-37 I.R.B.326 2011-24 Obsoleted by Notice 2011-92, 2011-48 I.R.B.809 2011-35 Amplified and modified by Rev. Proc. 2011-42, 2011-37 I.R.B.318 Revenue Rulings: 58-225 Obsoleted by Rev. Rul. 2011-15, 2011-30 I.R.B.57 Revenue Rulings— Continued: 76-345 Revoked by Rev. Rul. 2011-29, 2011-49 I.R.B.824 92-19 Supplemented in part by Rev. Rul. 2011-23, 2011-43 I.R.B.585 2007-28 Superseded by Rev. Rul. 2011-26, 2011-48 I.R.B.803 2010-30 Supplemented and superseded by Rev. Rul. 2011-27, 2011-48 I.R.B.805 Treasury Decisions: 9527 Corrected by Ann. 2011-49, 2011-36 I.R.B.228 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2011–1 through 2011–26 is in Internal Revenue Bulletin 2011–26, dated June 27, 2011. December 5, 2011iv2011–49 I.R.B. 2011–49 I.R.B.December 5, 2011 December 5, 20112011–49 I.R.B. INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superin- tendent of Documents when their subscriptions must be renewed. CUMULATIVE BULLETINS The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold on a single copy basis andare notincluded as part of the subscription to the Internal Revenue Bulletin. Subscribers to the weekly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them from the Superintendent of Documents. ACCESS THE INTERNAL REVENUE BULLETIN ON THE INTERNET You may view the Internal Revenue Bulletin on the Internet at www.irs.gov. Select Businesses. Under Businesses Topics, select More Topics. Then select Internal Revenue Bulletins. INTERNAL REVENUE BULLETINS ON CD-ROM Internal Revenue Bulletins are available annually as part ofPublication 1796 (Tax Products CD-ROM). The CD-ROM can be purchased from National Technical Information Service (NTIS) on the Internet at www.irs.gov/cdorders (discount for online orders) or by calling 1-877-233-6767. The first release is available in mid-December and the final release is available in late January. HOW TO ORDER Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance, detach entire page, and mail to the Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000. Please allow two to six weeks, plus mailing time, for delivery. WE WELCOME COMMENTS ABOUT THE INTERNAL REVENUE BULLETIN If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page (www.irs.gov) or write to the IRS Bulletin Unit, SE:W:CAR:MP:T:T:SP, Washington, DC 20224. Internal Revenue Service W ashington,DC20224 Official Business Penalty for Private Use, $300
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