us-irs-revenue-rulings-irb-2008-49-pdf•Internal Revenue Bulletin 2008-49 (PDF rendition): IRS Revenue Rulings
Internal Revenue Bulletin 2008-49 (PDF rendition): IRS Revenue Rulings
us-irs-revenue-rulings-irb-2008-49-pdfInternal Revenue Bulletin 2008-49 (PDF rendition): IRS Revenue RulingsGuidance
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Bulletin No. 200 8-49 December 8, 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. 2008–52, page 1233. Section 1274A – Inflation adjusted numbers for 2009. This ruling provides the dollar amounts, increased by the 2009 inflation adjustment, for section 1274A of the Code. Rev. Rul. 2008–3 supplemented and superseded. Rev. Rul. 2008–53, page 1231. 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 December 2008. T.D. 9431, page 1235. Final regulations under section 6039I of the Code implement the authority given the Secretary to require information report- ing on employer-owned life insurance contracts. Notice 2008–106, page 1239. This notice informs taxpayers that the new 9 percent applicable percentage floor for certain buildings that are placed in service after July 30, 2008 and before December 31, 2013, enacted pursuant to section 3002(a)(1) of the Housing Assistance Tax Act of 2008, applies notwithstanding a pre-Act irrevocable elec- tion by the taxpayer to apply to these buildings an applicable percentage that is less than 9 percent. ADMINISTRATIVE T.D. 9432, page 1236. Final regulations under section 9037 of the Code change Trea- sury procedures for making payments from the Presidential Pri- mary Matching Payment Account. Rev. Proc. 2008–70, page 1240. Insurance companies; loss reserves; discounting unpaid losses.The loss payment patterns and discount factors are set forth for the 2008 accident year. These factors will be used for computing discount unpaid losses under section 846 of the Code. This procedure also corrects the discount fac- tors for the Composite and International (Composite) lines of business for the 2006 and 2007 accident years in Rev. Proc. 2007–9, 2007–1 C.B. 278, and Rev. Proc. 2008–10, 2008–3 I.R.B. 290, for taxpayers that use the composite method of Notice 88–100, 1988–2 C.B. 439. Rev. Procs. 2007–9 and 2008–10 modified. Rev. Proc. 2008–71, page 1251. Insurance companies; discounting estimated salvage re- coverable.The salvage discount factors are set forth for the 2008 accident year. These factors will be used for computing estimated salvage recoverable under section 832 of the Code. Announcement 2008–117, page 1258. This document provides notice of a public hearing on proposed regulations (REG–155087–05, 2008–38 I.R.B. 726) relating to credits and payments for alcohol mixtures, biodiesel mixtures, renewable diesel mixtures, alternative fuel mixtures, and alter- native fuel sold for use or used as a fuel, as well as proposed regulations relating to the definition of gasoline and diesel fuel. The public hearing is scheduled for February 9, 2009. Announcements of Disbarments and Suspensions begin on page 1258. 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. December 8, 20082008–49 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 08. See Rev. Rul. 2008-53, page 1231. Section 280G.—Golden Parachute Payments Federal short-term, mid-term, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231. 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 2008. See Rev. Rul. 2008-53, page 1231. 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 2008. See Rev. Rul. 2008-53, page 1231. 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 December 2008. See Rev. Rul. 2008-53, page 1231. 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 2008. See Rev. Rul. 2008-53, page 1231. Section 482.— Allocation of Income and D eductions Among Taxpaye rs Federal short -term, mid-term, and long-term rates are set forth f or the month of December 2008. See Rev. Rul. 200 8-53, page 1231. Section 483.—Interest on Certain Deferred Payments A ruling provides the dollar amounts, increased by the 2009 inflation adjustment, for section 1274A of the Code. See Rev. Rul. 2008-52, page 1233. The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231. 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 2008. See Rev. Rul. 2008-53, page 1231. 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 2008. See Rev. Rul. 2008-53, page 1231. Section 832.—Insurance Company Taxable Income 26 CFR 1.832–4: Gross income. The salvage discount factors are set forth for 2008. These factors must be used to compute discounted estimated salvage recoverable for purposes of section 832 of the Code. See Rev. Proc. 2008-71, page 1251. 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 2008. See Rev. Rul. 2008-53, page 1231. 26 CFR 1.846–1 : Application of discount factors. The loss payme nt patterns and discount fac- tors are set fo rth for the 2008 accident year. These factors will be used for computing dis- counted unpai d losses under section 846 of the Code. See Rev . Proc. 2008-70, page 1240. 26 CFR 1.846–1: Application of discount factors. The salvage discount factors are set forth for 2008. These factors must be used to compute discounted estimated salvage recoverable for purposes of section 832 of the Code. See Rev. Proc. 2008-71, page 1251. Section 1274.—Determi- nation of Issue Price in the Case of Certain Debt Instru- ments Issued for Property A ruling provides the dollar amounts, increased by the 2009 inflation adjustment, for section 1274A of the Code. See Rev. Rul. 2008-52, page 1233. (Also Sectio ns 42, 280G, 382, 412, 467, 468, 482, 483, 642, 807 , 846, 1288, 7520, 7872.) Federal rat es; adjusted federal rates; adjusted fe deral long-term rate and the long-term e xempt rate.For purposes of sections 38 2, 642, 1274, 1288, and other sections of the Code, tables set forth the rates for D ecember 2008. Rev. Rul. 2 008–53 This reven ue ruling provides various prescribe d rates for federal income tax purposes f or December 2008 (the current month). T able 1 contains the short-term, mid-term , and long-term applicable fed- eral rate s (AFR) for the current month for purpo ses of section 1274(d) of the Internal Revenue Code. Table 2 contains the short -term, mid-term, and long-term adjuste d applicable federal rates (adjusted AFR) for the current month for purposes of secti on 1288(b). Table 3 sets forth the adjuste d federal long-term rate and the long-te rm tax-exempt rate described in sectio n 382(f). Table 4 contains the ap- propri ate percentages for determining the low-in come housing credit described in sectio n 42(b)(1) for buildings placed in 2008–49 I.R.B.1231December 8, 2008 service during the current month. How- ever, 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%. 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 re- versionary interest for purposes of section 7520. Finally, Table 6 contains the 2009 interest rate for sections 846 and 807. REV. RUL. 2008–53 TABLE 1 Applicable Federal Rates (AFR) for December 2008 Period for Compounding AnnualSemiannualQuarterlyMonthly Short-term AFR1.36%1.36%1.36%1.36% 110% AFR 1.51%1.50%1.50%1.50% 120% AFR1.64%1.63%1.63%1.62% 130% AFR1.78%1.77%1.77%1.76% Mid-term AFR 2.85% 2.83%2.82%2.81% 110% AFR3.13%3.11%3.10%3.09% 120% AFR3.43%3.40%3.39%3.38% 130% AFR3.71%3.68%3.66% 3.65% 150% AFR 4.30% 4.25% 4.23%4.21% 175% AFR5.01%4.95% 4.92%4.90% Long-term AFR 4.45% 4.40%4.38%4.36% 110% AFR4.90%4.84%4.81%4.79% 120% AFR 5.35%5.28%5.25%5.22% 130% AFR 5.80%5.72%5.68%5.65% REV. RUL. 2008–53 TABLE 2 Adjusted AFR for December 2008 Period for Compounding AnnualSemiannualQuarterlyMonthly Short-term adjusted AFR 2.20%2.19%2.18%2.18% Mid-term adjusted AFR3.82%3.78%3.76% 3.75% Long-term adjusted AFR 5.40%5.33%5.29%5.27% REV. RUL. 2008–53 TABLE 3 Rates Under Section 382 for December 2008 Adjusted federal long-term rate for the current month 5.40% Long-t erm tax-exempt rate for ownership changes during the current month (the highest of the adjusted federa l long-term rates for the current month and the prior two months.) 5.40% December 8, 200812322008–49 I.R.B. REV. RUL. 2008–53 TABLE 4 Appropriate Percentages Under Section 42(b)(1) for December 2008 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 credit7.84% Appropriate percentage for the 30% present value low-income housing credit3.36% REV. RUL. 2008–53 TABLE 5 Rate Under Sec tion 7520 for December 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 interest3.4% REV. RUL. 2008–53 TABLE 6 Rates Under Sections 846 and 807 Applicable rate of interest for 2009 for purposes of sections 846 and 8074.06% Section 1274A .—Special Rules for Certain Transactions Where Stated Principal Amount Does Not Exceed $2,800,000 26 CFR 1.1274A–1: Special rules for certain trans- actions where stated principal amount does not ex- ceed $2,800,000. (Also§§483,1274.) Section 1274A – Inflation adjusted numbers for 2009.This ruling provides the dollar amounts, increased by the 2009 inflation adjustment, for section 1274A of the Code. Rev. Rul. 2008–3 supple- mented and superseded. Rev. Rul. 2008–52 This revenue ruling provides the dollar amounts, increased by the 2009 inflation adjustment, for § 1274A of the Internal Revenue Code. BACKGROUND In general, §§ 483 and 1274 determine the principal amount of a debt instrument given in consideration for the sale or ex- change of nonpublicly traded property. In addition, any interest on a debt instrument subject to § 1274 is taken into account un- der the original issue discount provisions of the Code. Section 1274A, however, modifies the rules under §§ 483 and 1274 for certain types of debt instruments. In the case of a “qualified debt instru- ment,” the discount rate used for purposes of §§ 483 and 1274 may not exceed 9 per- cent, compounded semiannually. Section 1274A(b) defines a qualified debt instru- ment as any debt instrument given in con- sideration for the sale or exchange of prop- erty (other than new § 38 property within the meaning of § 48(b), as in effect on the day before the date of enactment of the Revenue Reconciliation Act of 1990) if the stated principal amount of the instrument does not exceed the amount specified in § 1274A(b). For debt instruments arising out of sales or exchanges before January 1, 1990, this amount is $2,800,000. In the case of a “cash method debt in- strument,” as defined in § 1274A(c), the borrower and lender may elect to use the cash receipts and disbursements method of accounting. In particular, for any cash method debt instrument, § 1274 does not apply, and interest on the instrument is ac- counted for by both the borrower and the lender under the cash method of account- ing. A cash method debt instrument is a qualified debt instrument that meets the following additional requirements: (A) In the case of instruments arising out of sales or exchanges before January 1, 1990, the stated principal amount does not exceed $2,000,000; (B) the lender does not use an accrual method of accounting and is not a dealer with respect tothe property sold or exchanged; (C) § 1274 would have applied to the debt instrument but for an election under § 1274A(c); and (D) an election un- der § 1274A(c) is jointly made with respect to the debt instrument by the borrower and lender. Section 1.1274A–1(c)(1) of the In- come Tax Regulations provides rules con- cerning the time for, and manner of, mak- ing this election. Section 1274A(d)(2) provides that, for any debt instrument arising out of a sale or exchange during any calendar year after 1989, the dollar amounts stated in § 1274A(b) and § 1274A(c)(2)(A) are increased by the inflation adjustment for the calendar year. Any increase due to the inflation adjustment is rounded to the nearest multiple of $100 (or, if the increase is a multiple of $50 and not of $100, the increase is increased to the nearest mul- tiple of $100). The inflation adjustment for any calendar year is the percentage (if any) by which the CPI for the preceding calendar year exceeds the CPI for calendar year 1988. Section 1274A(d)(2)(B) de- fines the CPI for any calendar year as the average of the Consumer Price Index as of the close of the 12-month period ending on September 30 of that calendar year. 2008–49 I.R.B.1233December 8, 2008 INFLATION-ADJUSTED AMOUNTS UNDER § 1274A For debt instruments arising out of sales or exchanges after December 31, 1989, the inflation-adjusted amounts under § 1274A areshowninTable1. Rev. Rul. 2008–52 Table 1 Inflation-Adjusted Amounts Under § 1274A Calendar Year of Sale or Exchange 1274A(b) Amount (qualified debt instrument) 1274A(c)(2)(A) Amount (cash method debt instrument) 1990 $2,933,200$2,095,100 1991 $3,079,600$2,199,700 1992 $3,234,900$2,310,600 1993 $3,332,400$2,380,300 1994 $3,433,500$2,452,500 1995 $3,523,600$2,516,900 1996 $3,622,500$2,587,500 1997 $3,723,800$2,659,900 1998 $3,823,100$2,730,800 1999 $3,885,50 0 $2,775,40 0 2000 $3,960,100$2,828,700 2001 $4,085,900$2,918,500 2002 $4,217,500$3,012,500 2003 $4,280,800$3,057,700 2004 $4,381,300$3,129,500 2005 $4,483, 000 $3,202, 100 2006 $4,630,300$3,307,400 2007 $4,800,800$3,429,100 2008 $4,913,400$3,509,600 2009 $5,131,700$3,665,500 Note: These inflation adjustments were computed using the All-Urban, Consumer Price Index, 1982–1984 base, published by the Bureau of Labor Statistics. EFFECT ON OTHER DOCUMENTS Rev. Rul. 2008–3, 2008–2 I.R.B. 249, is supplemented and superseded. DRAFT ING INFORMATION The author of this revenue ruling is Andrea M. Hoffenson of the Office of the Associate Chief Counsel (Financial Institutions and Products). For further information regarding this revenue ruling, please contact Ms. Hoffenson at (202) 622–3930 (not a toll-free call). 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 2008. See Rev. Rul. 2008-53, page 1231. December 8, 200812342008–49 I.R.B. Section 6039I.—Returns and Records With Respect to Employer-Owned Life Insurance Contracts 26 CFR 1.6039I–1: Reporting of certain employer- owned life insurance contracts. T.D. 9431 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 Information Reporting on Employer-Owned Life Insurance Contracts AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations and removal of temporary regulations. SUMMARY: This document contains fi- nal regulations concerning information re- porting on employer-owned life insurance contracts under section 6039I of the Inter- nal Revenue Code (Code). This final reg- ulation is necessary to provide taxpayers with guidance as to how the requirements of section 6039I should be applied. These regulations generally apply to taxpayers that are engaged in a trade or business and that are directly or indirectly a beneficiary of a life insurance contract covering the life of an insured who is an employee of the trade or business on the date the con- tract is issued. DATES:Effective Date:These regulations are effective on November 6, 2008. Applicability Date:These regulations are applicable for tax years ending after November 6, 2008. FOR FURTHER INFORMATION CONTACT:LindaK.Boyd, 202–622–3970 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background and Explanation of Provisions The Pension Protection Act of 2006, Public Law 109–280, 120 Stat. 780 (2006), added sections 101(j) and 6039I to the Code concerning employer-owned life insurance contracts. Section 101(j)(1) provides that, in the case of an employer-owned life insurance contract, the amount of death benefits excluded from gross income under sec- tion 101(a)(1) shall not exceed an amount equal to the sum of the premiums and other amounts paid by the policyholder for the contract. For this purpose, an em- ployer-owned life insurance contract is a life insurance contract that (i) is owned by a person engaged in a trade or business and under which such person is directly or indirectly a beneficiary under the contract, and (ii) covers the life of an insured who is an employee with respect to the trade or business on the date thecontract is issued. An applicable policyholder is generally a person who owns an employer-owned life insurance contract, or a related person as described in section 101(j)(3). Section 101(j)(2) provides exceptions to the general rule of section 101(j)(1) in the case of certain employer-owned life insurance contracts with respect to which certain notice and consent requirements are met. Those exceptions are based either on (i) the insured’s status as an employee within 12 months of death or as a highly compensated employee or highly compen- sated individual, or (ii) the extent to which death benefits are paid to a family member, trust, or estate of the insured employee, or are used to purchase an equity interest in the applicable policyholder from a family member, trust or estate. Section 6039I provides that every appli- cable policyholder that owns one or more employer-owned life insurance contracts shall file a return, at such time and in such manner as the Secretary shall prescribe by regulations, showingfor each year the con- tracts are owned— (1) The number of employees of the applicable policyholder at the end of the year; (2) The number of such employees in- sured under such contracts at the end of the year; (3) The total amount of insurance in force at the end of the year under such contracts; (4) The name, address, and taxpayer identification number of the applicable policyholder and the type of business in which the policyholder is engaged; and (5) That the policyholder has a valid consent for each insured employee (or, if not all such consents are obtained, the number of insured employees for whom such consent was not obtained). Section 6039I(c) provides that any term used in section 6039I that is used in section 101(j) has the same meaning given that term by section 101(j). Sections 101(j) and 6039I apply to life insurance contracts issued after August 17, 2006, except for a contract issued after that date pursuant to a section 1035 exchange for a contract issued before that date. For this purpose, a material increase in the death benefit or other material change causes the contract to be treated as a new contract except that, in the case of a mas- ter contract within the meaning of section 264(f)(4)(E), the addition of covered lives is treated as a new contract only with re- spect to those additional covered lives. On November 13, 2007, the IRS pub- lished temporary regulations in theFed- eral Register(T.D. 9364, 2007–51 I.R.B. 1177 [72 FR 63806]), which serve as the basis for a cross-reference notice of proposed rulemaking (REG–115910–07, 2007–51 I.R.B. 1214 [72 FR 63838]). The temporary regulations and notice of proposed rulemaking provide that the Commissioner may prescribe the form and manner of satisfying the reporting requirements imposed by section 6039I on applicable policyholders owning one or more employer-owned life insurance contracts issued after August 17, 2006. Pursuant to these regulations, on January 24, 2008, the IRS released Form 8925, “Report of Employer-Owned Life Insur- ance Contracts”, for taxpayers to use to comply with the reporting requirements of section 6039I. No public hearing was requested or held. The IRS received comments from one taxpayer. Those comments primarily concern the notice and consent require- ments of section 101(j), rather than the reporting requirements of section 6039I. Accordingly, this Treasury decision adopts the proposed regulations without substan- tive change and removes the correspond- ing temporary regulations. In order to make the regulations more useful to tax- payers, this Treasury decision sets forth the 2008–49 I.R.B.1235December 8, 2008 information that is enumerated in section 6039I and required to be reported under that provision. The IRS and Treasury De- partments will continue to consider the comments received in connection with any future published guidance under section 101(j). Special Analyses It has been determined that this Trea- sury Decision is not asignificant regula- tory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It has also been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to this regulation. In accordance with the Regulatory Flexibility Act (5 U.S.C. chapter 6), it is hereby certified that the regulations will not have a significant economic impact on a substantial number of small entities. Even though a substantial number of small entities may be subject to the requirements of section 6039I, these final regulations do not require the reporting of informa- tion other than that which is specifically required by section 6039I. Further, the burden associated with completing the prescribed form is minimal because the informationrequiredbysection6039Iis readily available. Accordingly, the regula- tions will not have a significant economic impact on a substantial number of small entities and a regulatory flexibility analy- sis is not required. Pursuant to section 7805(f) of the Inter- nal Revenue Code, the notice of proposed rulemaking preceding this regulation was submitted to the Chief Counsel for Advo- cacy of the Small Business Administration for comment on its impact on small busi- ness. Drafting Information The principal author of these regula- tions is Linda K. Boyd, Office of Asso- ciate Chief Counsel (Financial Institutions & Products). However, other personnel from the IRS and 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 removing the entry for §1.6039I–1T, and adding an entry in numerical order to read in part as follows: Authority: 26 U.S.C. 7805 * * * Section 1.6039I–1 also issued under 26 U.S.C. 6039I. * * * Par. 2. Section 1.6039I–1 is added to read as follows: §1.6039I–1 Reporting of certain employer-owned life insurance contracts. (a)Requirement to report. Section 6039I requires every taxpayer that is an ap- plicable policyholder owning one or more employer-owned life insurance contracts issued after August 17, 2006, to file a return showing the following information for each year the contracts are owned— (1) The number of employees of the applicable policyholder at the end of the year; (2) The number of such employees in- sured under such contracts at the end of the year; (3) The total amount of insurance in force at the end of the year under such contracts; (4) The name, address, and taxpayer identification number of the applicable policyholder and the type of business in which the policyholder is engaged; and (5) That the applicable policyholder has a valid consent for each insured employee (or, if all such consents are not obtained, the number of insured employees for whom such consent was not obtained). (b)Time and manner of reporting. Applicable policyholders owning one or more employer-owned life insurance con- tracts issued after August 17, 2006, must provide the information required under §6039I by attaching Form 8925, “Report of Employer-Owned Life Insurance Con- tracts”, to the policyholder’s income tax return by the due date of that return, or by filing such other form at such time and in such manner as the Commissioner may in thefutureprescribe. (c)Effective/applicability date.These regulations are applicable for tax years ending after November 6, 2008. §1.6039I–1T [Removed] Par. 3. Section 1.6039I–1T is removed. LindaE.Stiff, Deputy Commissioner for Services and Enforcement. Approved October 16, 2008. Eric Solomon, Assistant Secretary of theTreasury(TaxPolicy). (Filed by the Office of the Federal Register on November 5, 2008, 8:45 a.m., and published in the issue of the Federal Register for November 6, 2008, 73 F.R. 65981) Section 7520.—Valuation Tables The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231. 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 2008. See Rev. Rul. 2008-53, page 1231. Section 9037.—Payments to Eligible Candidates 26 CFR 702.9037–2: Payments from the Presidential Primary Matching Payment Account. T.D. 9432 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 702 Payments From the Presidential Primary Matching Payment Account AGENCY: Internal Revenue Service (IRS), Treasury. December 8, 200812362008–49 I.R.B. ACTION: Final regulations and removal of temporary regulations. SUMMARY: This document contains fi- nal regulations under section 9037 of the Internal Revenue Code (Code) relating to the financing of presidential primary cam- paigns. The regulations relate to Treasury procedures for making payments from the Presidential Primary Matching Payment Account (Primary Account) to eligible pri- mary candidates. These regulations affect all candidates eligible to receive payments from the Primary Account. DATES:Effective Date:These regulations are effective on November 13, 2008. Applicability Date:For dates of ap- plicability, see §§702.9037–1(b) and 702.9037–2(c). FOR FURTHER INFORMATION CONTACT: Karla M. Meola, (202) 622–4930 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background This document contains amendments to 26 CFR part 702 under section 9037 of the Code. On February 14, 2008, the IRS published temporary regulations (T.D. 9382, 2008–9 I.R.B. 482) in the Federal Register(73 FR 8608). On the same date, the IRS published a notice of proposed rulemaking (REG–149475–07, 2008–9 I.R.B. 510) in theFederal Reg- ister(73 FR 8632) cross-referencing the temporary regulations. The notice of proposed rulemaking pro- vided that, pursuant to section 9036, the Federal Election Commission (Commis- sion) will certify to the Treasury Secretary the full amount of payments to which a candidate is entitledunder section 9034. The Treasury Secretary will pay promptly, but not before the start of a Presidential election year, the amounts certified by the Commission from the Primary Account to the candidate. The notice of proposed rulemaking also authorized the Treasury Secretary to provide guidance prescribing rules and procedures for the Primary Ac- count. Contemporaneously with the pub- lication of the notice of proposed rule- making, the IRS published Rev. Proc. 2008–15, 2008–9 I.R.B. 489, which re- vises the procedures for making prompt payment from the Primary Account to eli- gible primary candidates. The notice of proposed rulemaking in- vited comments and requests for a public hearing, but no comments were received and no public hearing was requested or held. Accordingly, this Treasury decision adopts the proposed regulations without modification as final regulations. 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 has also been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulation does not impose a collection of information on small entities, the Regu- latory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Code, this regulation has been sub- mitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Drafting Information The principal author of these regula- tions is Karla M. Meola of the Office of Associate Chief Counsel (Income Tax & Accounting). However, other personnel from the IRS and Treasury Department participated in their development. ***** Adoption of Amendments to the Regulations Accordingly, 26 CFR part 702 is amended as follows: PART 702—PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT Paragraph 1. The authority citation for part 702 continues to read in part as fol- lows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 702.9037–1T is re- moved. §702.9037–1T [Removed]. Par. 3. Revise §702.9037–1 to read as follows: §702.9037–1 Transfer of amounts to the Presidential Primary Matching Payment Account. (a)In general. The Secretary will deposit amounts into the Presidential Primary Matching Payment Account (Pri- mary Account) only to the extent that there are amounts in the Presidential Election Campaign Fund (Fund) after the trans- fers prescribed by §701.9006–1(c) and (d). The Secretary will make this deposit promptly from amounts that have actu- ally been transferred to the Fund under §701.9006–1(a). Any amounts in the Pri- mary Account after October 31 following a presidential election will be returned to the Fund for the purpose of making the transfers prescribed by §701.9006–1(c), (d), and (f) for the next presidential elec- tion. (b)Effective/applicability date.These regulations apply to the Primary Account on or after February 2, 1996. Par. 4. Section 702.9037–2T is re- moved. §702.9037–2T [Removed]. Par. 5. Revise §702.9037–2 to read as follows: §702.9037–2 Payments from the Presidential Primary Matching Payment Account. (a)In general. Pursuant to section 9036, the Federal Election Commission (Commission) will certify to the Secretary the full amount of payment to which a candidate is entitled under section 9034. The Secretary will pay promptly, but not before the start of the matching payment period under section 9032(6), the amounts certified by the Commission from the Presidential Primary Matching Payment Account (Primary Account) to the candi- date. (b)Additional guidance.TheInter- nal Revenue Service may publish guid- ance in the Internal Revenue Bulletin (see §601.601(d)(2)(ii)(b) of this chapter) pre- scribing additional rules and procedures for the Primary Account. (c)Effective/applicability date.These regulations apply to the Primary Account on or after February 2, 1996. 2008–49 I.R.B.1237December 8, 2008 Linda E. Stiff, Deputy Commissioner for Services and Enforcement. Approved October 28, 2008. Eric Solomon, Assistant Secretary of the Treasury (Tax Policy). (Filed by the Office of the Federal Register on November 12, 2008, 8:45 a.m., and published in the issue of the Federal Register for November 13, 2008, 73 F.R. 67103) December 8, 200812382008–49 I.R.B. Part III. Administrative, Procedural, and Miscellaneous Applicable Percentage Under Section 3002(A)(1) of the Housing Assistance Tax Act of 2008 Notice 2008–106 Purpose This notice clarifies that the 9 percent applicable percentage floor for non-Fed- erally subsidized new buildings that are placed in service after July 30, 2008, and before December 31, 2013, enacted pur- suant to section 3002 of the Housing Assis- tance Tax Act of 2008 (Pub. L. 110–289) (Act), applies notwithstanding an irrevoca- ble election by the taxpayer under former § 42(b)(2)(A)(ii) of the Internal Revenue Code (now § 42(b)(1)[(A)](ii) of the Code, as amended by the Act) made on or before July 30, 2008. Background Section 42(a) of the Code provides that for purposes of § 38, the amount of the low-income housing credit for any taxable year in the credit period shall be an amount equal to (1) the applicable percentage of (2) the qualified basis of each qualified low-income building. Section 42(b)(1) of the Code, as amended by the Act, provides, in part, that the term “applicable percentage” means, with respect to any building, the appropri- ate percentage prescribed by the Secretary for the earlier of (i) the month in which such building is placed in service, or (ii) at the election of the taxpayer the month in which the taxpayer and the housing credit agency enter into an agreement with respect to such building (which is bind- ingonsuchagency,thetaxpayer,andall successors in interest) as to the housing credit dollar amount to be allocated to such building. A month may be elected by the taxpayer only if the election is made not later than the 5 th day after the close of such month. Such an election, once made, shall be irrevocable. Guidance on the election of the appropriate percentage month can be found under § 1.42–8 of the Income Tax Regulations. Section 42(b)(1)(B) of the Code, as amended by the Act, provides that the percentages prescribed by the Secretary for any month shall be percentages which will yield over a 10-year period amounts of credit which have a present value equal to (i) 70 percent of the qualified basis of a new building which is not federally subsidized for the taxable year, and (ii) 30 percent of the qualified basis of a building not described in (i). Section 42(b)(1)(C) of the Code, as amended by the Act, provides that the present value shall be determined as of the last day of the 1 st year of the 10-year pe- riod referred to in § 42(b)(1)(B) by using a discount rate equal to 72 percent of the average of the annual Federal mid-term rate and the annual Federal long-term rate applicable under § 1274(d)(1) to the month applicable under § 42(b)(1)(A)(i) and (ii) and compounded annually, and by assuming that the credit allowable for any year is received on the last day of such year. Section § 42(b)(2) of the Code, as amended by the Act, provides that in the case of a new building (A) which is placed in service by the taxpayer after the date of enactment of this paragraph (i.e., July 30, 2008), and before December 31, 2013, and (B) which is not federally subsidized for the taxable year, the applicable percentage shall not be less than 9 percent. Section § 42(i)(2) of the Code, as amended by the Act, provides that for pur- poses of § 42(b)(1) a new building shall be treated as “federally subsidized” for any taxable year if, at any time during such taxable year or any prior taxable year, there is or was outstanding any obligation the interest on which is exempt from tax under § 103, the proceeds of which are or were used (directlyor indirectly) with respect to the building or the operation thereof. Section 42(m)(2)(A) of the Code pro- vides that the housing credit dollar amount allocated to a project shall not exceed the amount the housing credit agency determines is necessary for the financial feasibility of the project and its viability as a qualified low-income housing project throughout the credit period. In mak- ing the determination, the housing credit agency shall consider (i) the sources and uses of funds and total financing planned for the project, (ii) any proceeds or receipts expected to be generated by reason of tax benefits, (iii) the percentage of the housing credit dollar amount used for project costs other than the cost of intermediaries (this clause shall not be applied so as to impede the development of projects in hard-to-de- velop areas), and (iv) the reasonableness of the developmental and operational costs of the project. See also § 1.42–8(a)(5) of the regulations. For newly constructed and substantially rehabilitated buildings that are not feder- ally subsidized, the applicable percentage (i.e., 70-percent present value credit) has been temporarily increased by the Act to not less than 9 percent. This temporary in- crease applies to buildings placed in ser- vice by the taxpayer after July 30, 2008, and before December 31, 2013. The def- inition of a “federally subsidized” build- ing has also been changed by the Act to include only those buildings financed with tax-exempt bonds. At issue is the correct applicable percentage to apply in a situa- tion in which a taxpayer, on or before July 30, 2008, irrevocably elected under for- mer § 42(b)(2)(A)(ii) of the Code to apply an applicable percentage that is less than 9 percent, and places in service after July 30, 2008, and before December 31, 2013, a newly constructed or substantially reha- bilitated building thatis not federally sub- sidized. Conclusion The Service has determined that the 9 percent applicable percentage floor under § 42(b)(2) of the Code, as amended by the Act, will apply to a building that meets the requirements of § 42(b)(2), even if an election under former § 42(b)(2)(A)(ii) was made with respect to such building on or before July 30, 2008. Notwithstand- ing the application of the 9 percent appli- cable percentage floor, the housing credit dollar amount allocatedto a project shall not exceed the amount the housing credit agency determines is necessary for the fi- nancial feasibility of the project and its vi- ability as a qualified low-income housing project throughout the credit period. See § 42(m)(2). The principal author of this notice is Julie Hanlon Bolton, Office of the 2008–49 I.R.B.1239December 8, 2008 Associate Chief Counsel (Passthroughs and Special Industries). For further in- formation regarding this notice, contact Ms. Hanlon Bolton at (202) 622–3040 (not a toll-free call). 26 CFR 601.201: Rulings and determination letters. (Also Part I, Sections 846; 1.846–1.) Rev. Proc. 2008–70 SECTION 1. PURPOSE This revenue procedure prescribes the loss payment patterns and discount fac- tors for the 2008 accident year. These factors will be used for computing dis- counted unpaid losses under § 846 of the Internal Revenue Code.SeeRev. Proc. 2008–10, 2008–3 I.R.B. 290, for back- ground concerning the loss payment pat- terns and application of the discount fac- tors. This revenue procedure also cor- rects the discount factors for the Compos- ite and International (Composite) lines of business for the 2006 and 2007 accident years in Rev. Proc. 2007–9, 2007–3 I.R.B. 278, and Rev. Proc. 2008–10, 2008–3 I.R.B. 290, for taxpayers that use the com- posite method of Notice 88–100, 1988–2 C.B. 439. SECTION 2. SCOPE This revenue procedure applies to any taxpayer that is required to discount its un- paid losses under § 846 for a line of busi- ness using discount factors published by the Secretary. SECTION 3. CORRECTION OF REV. PROC. 2007–9 AND REV. PROC. 2008–10 .01 Rev. Proc. 2007–9, 2007–3 I.R.B. 278, prescribes the loss payment patterns and discount factors for the 2006 accident year. Rev. Proc. 2008–10, 2008–3 I.R.B. 290, prescribes the loss payment patterns and discount factors for the 2007 accident year. An error has been discovered in the composite discount factors for the 2006 and 2007 accident years that were deter- mined for the Composite and International (Composite) lines of business for taxpay- ers that use the composite method of No- tice 88–100, which is used for comput- ing discounted unpaid losses for accident years not separately reported on the annual statement. .02 Rev. Proc. 2007–9 as corrected for the Composite line of business provides: “Taxpayers that use the composite method of Notice 88–100 should use 90.1284 per- cent to discount unpaid losses incurred in this line of business in 2006 and prior years that are outstanding at the end of the 2016 taxable year.” .03 Rev. Proc. 2007–9 as corrected for the International (Composite) line of business provides: “Taxpayers that use the composite method of Notice 88–100 should use 90.1284 percent to discount un- paid losses incurred in this line of business in 2006 and prior years that are outstand- ing at the end of the 2016 taxable year.” .04 Rev. Proc. 2008–10 as corrected for the Composite line of business provides: “Taxpayers that use the composite method of Notice 88–100 should use 92.4923 per- cent to discount unpaid losses incurred in this line of business in 2007 and prior years that are outstanding at the end of the 2017 taxable year.” .05 Rev. Proc. 2008–10 as corrected for the International (Composite) line of business provides: “Taxpayers that use the composite method of Notice 88–100 should use 92.4923 percent to discount un- paid losses incurred in this line of business in 2007 and prior years that are outstand- ing at the end of the 2017 taxable year.” SECTION 4. TABLES OF DISCOUNT FACTORS .01 The following tables present sepa- rately for each line of business the discount factors under § 846 for accident year 2008. All the discount factors presented in this section were determined using the appli- cable interest rate under § 846(c) for 2008, which is 4.06 percent, and by assuming all loss payments occur in the middle of the calendar year. .02 If the groupings of individual lines of business on the annual state- ment change, taxpayers must discount the unpaid losses on the affected lines of busi- ness in accordance with the discounting patterns that would have applied to those unpaid losses based on their classifica- tion on the 2005 annual statement.See Rev. Proc. 2008–10, 2008–3 I.R.B. 290, section 2, for additional background on discounting under section 846 and the use of the Secretary’s tables. .03 Section V of Notice 88–100, 1988–2 C.B. 439, sets forth a composite method for computing discounted unpaid losses for accident years that are not sep- arately reported on the annual statement. The tables separately provide discount factors for taxpayers who elect to use the composite method of section V of Notice 88–100.SeeRev. Proc. 2002–74, 2002–2 C.B. 980. .04 Tables. December 8, 200812402008–49 I.R.B. Tables of Factors to be Used to Discount Unpaid Losses Incurred in Accident Year 2008 (Interest rate: 4.06 percent) Accident and Health (Other Than Disability Income or Credit Disability Insurance) Taxpayers that do not use the composite method of Notice 88–100 should use 98.0298 percent to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at theend of the 2008 and later taxable years. Taxpayers that use the composite method of Notice 88–100 should use 98.0298 percent to discount all unpaid losses in this line of business that are outstanding at the end of the 2008 taxable year. Auto Physical Damage Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 200889.409689.4096 10.5904 10.363997.8613 200999.6848 10.27520.3152 0.303096.1174 Taxpayers that do not use the composite method of Notice 88–100 should use the following factor to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 2010 and later years 0.15760.15760.1545 98.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 98.0298 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2010 taxable year. Commercial Auto /Truck Liability/Medical Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 200823.671823.671876.328270.194291.9637 2009 47.5425 23.8708 52.4575 48.693692.8249 201066.684719.1421 33.3153 31.143793.4816 2011 81.510514.825818.4895 17.284393.4819 2012 90.05488.54439.9452 9.2701 93.2115 201394.73114.6763 5.2689 4.8762 92.5459 201497.06022.32922.93982.698291.7820 2015 98.1174 1.0572 1.88261.7293 91.8572 201698.8692 0.7518 1.13081.032691.3161 201799.11600.24670.88400.822893.0737 2008–49 I.R.B.1241December 8, 2008 Commercial Auto/Truck Liability/Medical Taxpayers that do not use the composite method of Notice 88–100 should use the following factors to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 20180.24670.6373 0.604594.8560 20190.24670.39060.377496.6210 2020 and later years0.24670.14390.141098.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 95.5540 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. Composite Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 200834.700434.7004 65.299659.2808 90.7829 2009 58.6076 23.907241.392437.299990.1131 201071.7608 13.1532 28.2392 25.3968 89.9346 201181.49879.7379 18.5013 16.4943 89.1521 201287.8488 6.350112.1512 10.686387.9440 201391.4226 3.57398.5774 7.4744 87.1415 2014 93.4057 1.9831 6.59435.7549 87.2720 2015 94.22800.8222 5.77205.1498 89.2206 2016 95.48751.25954.5125 4.074190.2843 2017 96.35600.8685 3.6440 3.3535 92.0287 Taxpayers that do not use the composite method of Notice 88–100 should use the following factors to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 2018 0.86852.7754 2.603693.8109 2019 0.8685 1.90691.8233 95.6199 2020 0.8685 1.03831.011497.4044 2021 and later years 0.8685 0.16980.166498.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 94.3096 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. Fidelity/Surety Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 2008 25.232825.2328 74.767271.0916 95.0839 2009 61.102535.869838.8975 37.387296.1174 Taxpayers that do not use the composite method of Notice 88–100 should use the following factor to discount unpaid losses incurred i n this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 2010 and lat er years 19.448719.4487 19.0655 98.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 98.0298 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2010 taxable year. December 8, 200812422008–49 I.R.B. Financial Guaranty/Mortgage Guaranty Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 20087.78247.782492.2176 88.256895.7050 200962.1390 54.3565 37.861036.391196.1174 Taxpayers that do not use the composite method of Notice 88–100 should use the following factor to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 2010 and later years 18.930518.930518.5575 98.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 98.0298 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2010 taxable year. International ( Composite) Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 200834.700434.7004 65.299659.2808 90.7829 2009 58.6076 23.907241.392437.299990.1131 201071.7608 13.1532 28.2392 25.3968 89.9346 201181.49879.7379 18.5013 16.4943 89.1521 201287.8488 6.350112.1512 10.686387.9440 201391.4226 3.57398.5774 7.4744 87.1415 2014 93.4057 1.9831 6.59435.7549 87.2720 2015 94.22800.8222 5.77205.1498 89.2206 2016 95.48751.25954.5125 4.074190.2843 2017 96.35600.8685 3.6440 3.3535 92.0287 Taxpayers that do not use the composite method of Notice 88–100 should use the following factors to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 2018 0.86852.7754 2.603693.8109 2019 0.8685 1.90691.8233 95.6199 2020 0.8685 1.03831.011497.4044 2021 and later years 0.8685 0.16980.166498.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 94.3096 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. 2008–49 I.R.B.1243December 8, 2008 Medical Malpractice — Claims-Made Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 2008 4.94254.942595.057585.027689.4485 200919.936914.994480.063173.183991.4078 201044.348924.4120 55.651151.2525 92.0962 201164.8374 20.488535.1626 32.4331 92.2375 2012 80.253015.4156 19.7470 18.0245 91.2770 2013 85.79075.5377 14.209313.107292.2442 201491.2722 5.4815 8.72788.047892.2082 2015 93.3314 2.0593 6.66866.273994.0812 2016 96.1257 2.79423.87433.678294.9374 2017 97.65381.5281 2.34622.268796.6961 Taxpayers that do not use the composite method of Notice 88–100 should use the following factor to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 2018 and later years 1.5281 0.81820.802198.0298 Taxpayers th at use the composite method of Notice 88–100 should use 98.0440 percent to discount unpaid losses incurred in this line of busi ness in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. Medical Malpractice — Occurrence Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 2008 1.58781.5878 98.412282.1817 83.5076 20094.47202.8842 95.528082.5760 86.4417 201017.773813.301882.2262 72.359588.0005 2011 35.8814 18.107664.1186 56.8257 88.6260 2012 52.9447 17.0633 47.0553 41.7266 88.6757 201368.4348 15.490131.5652 27.619387.4993 2014 79.5616 11.126820.438417.3902 85.0861 201585.81986.2582 14.180211.7123 82.5961 201690.12674.30699.87337.794378.9437 201790.37010.24349.6299 7.8625 81.6469 Taxpayer s that do not use the composite method of Notice 88–100 should use the following factors to discount unpaid losses incurred in this line of business inthe 2008 accident year and that are outstanding at the end of the tax year shown. 20180.2434 9.38657.933584.5197 20190.24349.14318.0073 87.5770 20200.24348.89988.0841 90.8352 20210.2434 8.6564 8.164194.3126 2022 and later years0.24348.41308.247398.0298 Taxpay ers that use the composite method of Notice 88–100 should use 86.1528 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. December 8, 200812442008–49 I.R.B. Miscellaneous Casualty Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 200872.906472.906427.093626.196496.6888 2009 93.5836 20.67716.41646.167396.1174 Taxpayers that do not use the composite method of Notice 88–100 should use the following factor to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 2010 and later years3.20823.2082 3.1450 98.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 98.0298 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2010 taxable year. Multiple Peril L ines (Homeowners/Fa rmowners, Commercial Multiple Peril, and Special Liability (Ocean Marine, A ircraft (All Perils), Boiler and Machinery)) Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 2008 52.588052.5880 47.4120 44.253793.3385 200980.0449 27.457019.9551 18.041690.4110 2010 86.16256.117513.837512.533690.5767 2011 90.74524.58279.2548 8.367690.4137 201293.9006 3.1555 6.0994 5.4885 89.9844 2013 95.7613 1.86074.23873.813289.9627 2014 96.8755 1.1141 3.12452.8315 90.6219 201597.6715 0.7960 2.32852.134591.6659 201698.0329 0.3615 1.9671 1.8524 94.1706 201798.68100.64811.3190 1.2665 96.0207 Taxpayers that do not use the composite method of Notice 88–100 should use the following factors to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 20180.64810.6709 0.6568 97.8997 2019 and late r years 0.64810.02280.022498.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 97.9053 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. 2008–49 I.R.B.1245December 8, 2008 Other (Including Credit) Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 2008 67.952867.9528 32.047230.819096.1676 200989.4609 21.508110.5391 10.129996.1174 Taxpayers that do not use the composite method of Notice 88–100 should use the following factor to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 2010 and later years 5.26955.26955.1657 98.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 98.0298 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2010 taxable year. Other Liability —Claims-Made Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 2008 5.87965.8796 94.120483.236988.4367 2009 18.8735 12.9938 81.1265 73.361390.4283 201041.6840 22.810558.316053.070991.0056 2011 62.5322 20.848337.4678 33.9583 90.6333 2012 73.520710.9885 26.479324.127791.1189 201382.00368.482917.9964 16.4539 91.4286 201488.62796.624411.372110.364491.1391 2015 90.71072.08289.2893 8.6605 93.2317 201694.84394.1332 5.15614.795993.0145 201796.26891.42493.7311 3.5370 94.7977 Taxpayers that do not use the composite method of Notice 88–100 should use the following factors to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 20181.42492.30622.2270 96.5683 2019 and late r years 1.42490.88120.863998.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 97.0645 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. December 8, 200812462008–49 I.R.B. Other Liability — Occurrence Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 2008 13.659413.6594 86.3406 74.557886.3531 200924.8389 11.179575.1611 66.1806 88.0517 201041.779216.9403 58.220851.586888.6055 2011 58.4995 16.7203 41.5005 36.6249 88.2518 2012 69.5197 11.020330.480326.8702 88.1560 2013 77.7513 8.231622.2487 19.5641 87.9336 201484.22436.4730 15.775713.7553 87.1929 201583.2275 -0.9968 16.772515.3306 91.4032 2016 88.85245.6249 11.1476 10.2151 91.6347 2017 91.38522.5328 8.61488.046193.3986 Taxpayers that do not use the composite method of Notice 88–100 should use the following factors to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 2018 2.5328 6.0820 5.789195.1836 2019 2.53283.5492 3.4404 96.9345 2020 and lat er years 2.5328 1.01640.996498.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 94.7637 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. Private Passenger Auto Liability/Medical Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 200842.610842.6108 57.389254.051194.1835 2009 71.5827 28.971928.4173 26.6915 93.9269 201084.694713.1120 15.3053 14.399794.0826 2011 92.3556 7.66107.64447.169393.7860 201296.23693.88123.7631 3.5012 93.0391 2013 97.9275 1.6907 2.0725 1.9187 92.5799 201498.77190.84441.2281 1.1352 92.4394 2015 99.26920.49730.73080.674092.2334 2016 99.5053 0.23610.49470.460693.0998 201799.64400.1387 0.3560 0.337894.8818 Taxpayers that do not use the composite method of Notice 88–100 should use the following factors to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 20180.13870.21740.210196.6446 2019 and later years0.13870.07870.077298.0298 Taxpayers that use the composite method of Notice 88–100 should use 97.0811 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. 2008–49 I.R.B.1247December 8, 2008 Products Liability — Claims-Made Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 2008 1.02591.0259 98.974184.7900 84.6586 200911.792710.766788.207376.208886.3973 201029.3642 17.571670.6358 61.378186.8939 2011 55.165525.801244.834537.550383.7531 201283.4171 28.251616.582910.2554 61.8434 201364.8933 -18.523835.106729.5679 84.2229 201482.334617.4414 17.665412.976573.4571 2015 86.39864.064013.6014 9.3576 68.7991 201676.3310-10.067623.6690 20.007584.5305 201778.79102.460021.209018.310486.3331 Taxpayers that do not use the composite method of Notice 88–100 should use the following factor to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 20182.460018.7490 16.5444 88.2412 20192.460016.289014.7066 90.2855 20202.460013.829012.7943 92.5176 20212.460011.369110.8043 95.0326 2022 and la ter years 2.46008.90918.733698.0298 Taxpayers t hat use the composite method of Notice 88–100 should use 89.2840 percent to discount unpaid losses incurred in this line of bus iness in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. Products Liability — Occurrence Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 2008 5.04665.046694.953480.1653 84.4260 2009 13.6935 8.6469 86.306574.599486.4354 2010 28.254114.560671.7459 62.774887.4961 201141.3083 13.054258.691752.0070 88.6104 2012 59.3693 18.061040.6307 35.694487.8509 201373.071713.702426.9283 23.1659 86.0279 201474.6612 1.589525.3388 22.484988.7371 2015 78.98334.322121.016718.9889 90.3513 201686.12317.139813.8769 12.476589.9085 201788.6931 2.5700 11.306910.361491.6379 Taxpayers that do not use the composite method of Notice 88–100 should use the following factors to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 2018 2.5700 8.73698.160493.4018 2019 2.5700 6.1669 5.870195.1869 2020 2.57003.5969 3.486896.9378 December 8, 200812482008–49 I.R.B. Products Liability — Occurrence 2021 and later years 2.5700 1.02691.006798.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 94.0919 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. Reinsurance — Nonproportional Assumed Property Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 2008 12.945812.945887.0542 80.840392.8620 200960.179647.233839.8204 35.939390.2535 2010 80.8225 20.6429 19.1775 16.3406 85.2075 201184.9430 4.120515.0570 12.8008 85.0155 2012 85.66800.7250 14.3320 12.5809 87.7821 2013 80.0452-5.622919.9548 18.8276 94.3509 201486.7013 6.6561 13.298712.8020 96.2654 201597.253310.5520 2.7467 2.557893.1205 201697.67210.41882.32792.2344 95.9820 201798.8078 1.1357 1.1922 1.1665 97.8487 Taxpayers th at do not use the composite method of Notice 88–100 should use the following factor to discount unpaid losses incurred in t his line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 2018 and late r years 1.13570.05640.0553 98.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 94.5477 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. Reinsurance — Nonproportional Assumed Liability Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 2008 32.591732.5917 67.4083 54.5146 80.8723 2009 33.3995 0.8078 66.600555.9039 83.9392 2010 35.49482.095364.505256.0362 86.8708 201144.0321 8.537355.9679 49.6024 88.6265 201264.829920.7979 35.1701 30.400486.4383 2013 66.43581.605933.564229.9965 89.3706 201477.809711.373822.190319.6119 88.3805 2015 82.44384.6341 17.556215.6809 89.3183 201684.1944 1.750715.805614.5317 91.9406 201787.92233.727912.077711.318993.7176 Taxpayers that do not use the composite method of Notice 88–100 should use the following factors to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 20183.72798.3498 7.975795.5191 20193.72794.62194.496797.2900 2008–49 I.R.B.1249December 8, 2008 Reinsurance — Nonproportional Assumed Liability 2020 and later years3.72790.89400.876498.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 94.6662 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. Reinsurance — Nonproportional Assumed Financial Lines Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 20088.47838.4783 91.5217 82.637790.2930 2009 28.047519.569371.9525 66.030291.7692 2010 60.435132.387539.564935.6726 90.1622 201182.444822.0097 17.5552 14.6688 83.5583 201290.27207.82719.72807.279974.8343 2013 85.3168-4.9551 14.683112.630186.0181 201488.37773.060811.622310.020686.2186 2015 89.9934 1.6157 10.00668.779387.7346 201681.6664-8.326918.333617.6300 96.1625 201791.04919.3827 8.95098.7745 98.0298 Taxpayers that do not use the composite method of Notice 88–100 should use the following factor to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 2018 and later years———98.0298 Taxpayers th at use the composite method of Notice 88–100 should use 94.5352 percent to discount unpaid losses incurred in this line of busin ess in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. Special Property (Fire, Allied Lines, Inland Marine, Earthquake, Burglary and Theft) Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 2008 44.575644.575655.424453.5639 96.6430 200988.4263 41.850713.5737 13.046796.1174 Taxpayers that do not use the composite method of Notice 88–100 should use the following factor to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 2010 and later years6.78696.7869 6.6531 98.0298 Taxpayers that use the composite method of Notice 88–100 shoulduse 98.0298 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2010 taxable year. December 8, 200812502008–49 I.R.B. Workers’ Compensation Tax Year Estimated Cumulative Losses Paid (%) Estimated Losses Paid Each Year (%) Unpaid Losses at Year End (%) Discounted Unpaid Losses at Year End (%) Discount Factors (%) 200819.041019.0410 80.959069.6415 86.0207 200940.244221.2032 59.755850.839685.0789 2010 57.149716.905542.850335.6584 83.2162 201167.860110.710432.139926.1804 81.4579 2012 75.5399 7.679724.460119.4093 79.3507 2013 80.11574.5758 19.8843 15.5296 78.0994 201482.18282.067217.8172 14.0513 78.8640 201584.4045 2.2217 15.595512.3555 79.2248 2016 85.51951.115014.4805 11.719880.9346 2017 86.2855 0.7661 13.7145 11.414183.2269 Taxpayers that do not use the composite method of Notice 88–100 should use the following factors to discount unpaid losses incurred in this line of business in the 2008 accident year and that are outstanding at the end of the tax year shown. 20180.766112.948411.0961 85.6945 20190.766112.1823 10.7651 88.3666 20200.766111.416310.4207 91.2795 20210.7661 10.6502 10.062494.4802 2022 and later years0.76619.88429.689498.0298 Taxpayers that use the composite method of Notice 88–100 should use 88.0210 percent to discount unpaid losses incurred in this line of business in 2008 and prior years and that are outstanding at the end of the 2018 taxable year. SECTION 5. EFFECT ON OTHER DOCUMENTS Rev. Proc. 2007–9 and Rev. Proc. 2008–10 are modified as to the compos- ite discount factor to be used by taxpayers that use the composite method of Notice 88–100 under the Composite and Interna- tional (Composite) lines of business. DRAFTING INFORMATION The principal author of this revenue procedure is Katherine A. Hossofsky of the Office of Associate Chief Counsel (Financial Institutions & Products). For further information regarding this revenue procedure, contact Ms. Hossofsky at (202) 622–8435 (not a toll-free call). 26 CFR 601. 201: Rulings and determination letters. (Also Part I, Sections 832, 846; 1.832–4, 1.846–1.) Rev. Proc. 2008–71 SECTION 1 . PURPOSE This reve nue procedure prescribes the salvage d iscount factors for the 2008 acci- dent year . These factors must be used to compute d iscounted estimated salvage re- coverabl e under § 832 of the Internal Rev- enue Cod e. SECTION 2. BACKGROUND Section 832(b)(5)(A) requires that all estimated salvage recoverable (including that which cannot be treated as an asset for state accounting purposes) be taken into account in computing the deduction for losses incurred. Under § 832(b)(5)(A), paid losses are to be reduced by salvage and reinsurance recovered during the tax- able year. This amount is adjusted to reflect changes in discounted unpaid losses on nonlife insurance contracts and in un- paid losse s on life insurance contracts. An adjustm ent is then made to reflect any changes i n discounted estimated salvage recovera ble and in reinsurance recover- able. Pursuant to § 832(b), the amount of es- timated s alvage is determined on a dis- counted b asis in accordance with proce- dures es tablished by the Secretary. SECTION .3.SCOPE This revenue procedure applies to any taxpayer that is required to discount esti- mated salvage recoverable under § 832. SECTION 4. APPLICATION .01 The following tables present sepa- rately for each line of business the discount factors under § 832 for the 2008 accident year. All the discount factors presented in this section were determined using the applicable interest rate under § 846(c) for 2008, which is 4.06 percent, and by as- suming all estimated salvage is recovered 2008–49 I.R.B.1251December 8, 2008 in the middle of each calendar year.See Rev. Proc. 2008–11, 2008–3 I.R.B. 301, for background regarding the tables. .02 These tables must be used by tax- payers irrespective of whether they elected to discount unpaid losses using their own historical experience under § 846. .03 Section V of Notice 88–100, 1988–2 C.B. 439, provides a composite discount factor to be used in determining the discounted unpaid losses for accident years that are not separately reported on the NAIC Annual Statement. The tables separately provide discount factors for taxpayers who elect to use the composite method. Rev. Proc. 2002–74, 2002–2 C.B. 980, clarifies that for certain insur- ance companies subject to tax under § 831 the composite method for discounting un- paid losses set forth in Notice 88–100, section V, 1988–2 C.B. 439, is permitted but not required. This revenue procedure further provides alternative methods for computing discounted unpaid losses that are permitted for insurance companies not using the composite method, and sets forth a procedure for insurance companies to obtain automatic consent of the Commis- sioner to change to one of the methods described in Rev. Proc. 2002–74. .04 Tables. Tables of Factors to be Used to Discount Salvage Recoverable With Re- spect to Losses Incurred in Accident Year 2008 (Interest rate: 4.06 percent) Accident and Health (Other Than Disability Income or Credit Disability Insurance) Taxpayers that do not use the compos- ite method of Notice 88–100 should use 98.0298 percent to discount salvage re- coverable with respect to losses incurred in this line of business in the 2008 acci- dent year as of the end of the 2008 and later taxable years. Taxpayers that use the composite method of Notice 88–100 should use 98.0298 percent to discount all salvage recoverableinthislineofbusinessasof the end of the 2008 taxable year. Auto Physical Damage Tax Year Discount Factors (%) 200897.2331 200996.1174 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2010 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 98.0298 percent to discount salvage recoverable as of the end of the 2010 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. Commercial A uto/Truck Liability/M edical Tax Year Discount Factors (%) 2008 92.3526 200992.2970 201092.6408 201192.9897 201293.7281 2013 93.5170 2014 91.9508 2015 92.8642 201696.2378 201798.0298 Commercial Auto/Truck Liability/Medical Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2018 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 98.0298 percent to discount salvage recoverable as of the end of the 2018 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. Composite Tax Year Discount Factors (%) 200892.3690 200992.1172 201091.9402 2011 91.7659 201291.1438 201390.2174 201491.0647 201592.4105 201694.4361 2017 96.2605 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2018 and later years 98.0298 December 8, 200812522008–49 I.R.B. Composite Taxpayers that use the composite method of Notice 88–100 should use 96.8444 percent to discount salvage recoverable as of the end of the 2018 taxable year with respect to losses incurred in this line of business in 2008 and prior years. Fidelity/Surety Tax Year Discount Factors (%) 2008 93.6954 200996.1174 Taxpayers that do not use the compos- ite method of N otice 88–100 should use the following factor to discount salvage recoverable a s of the end of the tax year shown with res pect to losses incurred in this line of b usiness in the 2008 accident year. 2010 and late r years 98.0298 Taxpayers th at use the composite method of No tice 88–100 should use 98.0298 per cent to discount salvage recoverabl e as of the end of the 2010 taxable yea r with respect to losses in- curred in th is line of business in 2008 and prior y ears. Financial Guaranty/Mortgage Guaranty Tax Year Discount Factors (%) 200894.7421 200996.1174 Financial Guaranty/Mortgage Guaranty Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2010 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 98.0298 percent to discount salvage recoverable as of the end of the 2010 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. International (Composite) Tax Year Discount Factors (%) 200892.3690 200992.1172 201091.9402 2011 91.7659 201291.1438 201390.2174 201491.0647 201592.4105 201694.4361 2017 96.2605 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2018 and later years 98.0298 International (Composite) Taxpayers that use the composite method of Notice 88–100 should use 96.8444 percent to discount salvage recoverable as of the end of the 2018 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. Medical Malpractice — Claims-Made Tax Year Discount Factors (%) 200892.6642 200993.7424 2010 92.1505 201192.7778 201292.0831 201387.6889 201484.3189 2015 90.2868 2016 96.4445 201798.0298 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2018 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 98.0298 percent to discount salvage recoverable as of the end of the 2018 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. 2008–49 I.R.B.1253December 8, 2008 Medical Malpractice — Occurrence Tax Year Discount Factors (%) 2008 85.5177 200989.9300 201092.2898 201184.2693 2012 94.7905 201391.4234 2014 93.0145 201595.8751 201697.0989 201798.0298 Taxpayers t hat do not use the compos- ite method o f Notice 88–100 should use the followi ng factor to discount salvage recoverabl e as of the end of the tax year shown with respect to losses incurred in this line o f business in the 2008 accident year. 2018 and la ter years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 98.0298 p ercent to discount salvage recovera ble as of the end of the 2018 taxable y ear with respect to losses in- curred in this line of business in 2008 and prio r years. Miscellaneous Casualty Tax Year Discount Factors (%) 2008 96.5837 200996.1174 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. Miscellaneous Casualty 2010 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 98.0298 percent to discount salvage recoverable as of the end of the 2010 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. Multiple Peril Lines (Homeown- ers/Farmowners, Commercial Multiple Peril, and Special Liability (Ocean Marine, Aircraft (All Perils), Boiler and Machinery)) Tax Year Discount Factors (%) 200893.0068 200992.3990 201092.3201 2011 92.2569 201291.4462 2013 89.8725 201491.0239 2015 93.4483 2016 94.8485 201796.6142 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2018 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 98.0298 percent to discount salvage recoverable as of the end of the 2018 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. Other (Including Credit) Tax Year Discount Factors (%) 2008 95.6448 200996.1174 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2010 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 98.0298 percent to discount salvage recoverable as of the end of the 2010 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. Other Liabil ity — Claims-Made Tax Year Discount Factors (%) 200888.4208 2009 89.5374 2010 87.6521 201190.8781 2012 92.3590 201394.2379 201493.1673 2015 91.7716 201697.3613 201798.0298 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. December 8, 200812542008–49 I.R.B. Other Liability — Claims-Made 2018 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 98.0675 percent to discount salvage recoverable as of the end of the 2018 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. Other Liability — Occurrence Tax Year Discount Factors (%) 200887.1236 200988.1600 201090.4878 201191.2470 2012 90.6851 201390.8000 201490.2668 2015 93.0020 2016 95.7619 2017 97.5722 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2018 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 98.0298 percent to discount salvage recoverable as of the end of the 2018 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. Private Passenger Auto Liability/Medical Tax Year Discount Factors (%) 2008 94.5329 2009 94.5579 201094.3102 2011 93.4459 201292.8620 201392.0891 2014 92.9858 201594.5440 201694.6149 201796.4088 Taxpayers t hat do not use the compos- ite method o f Notice 88–100 should use the followi ng factor to discount salvage recoverab le as of the end of the tax year shown with respect to losses incurred in this line o f business in the 2008 accident year. 2018 and la ter years 98.0298 Taxpayer s that use the composite method of Notice 88–100 should use 98.0298 p ercent to discount salvage recovera ble as of the end of the 2018 taxable y ear with respect to losses in- curred i n this line of business in 2008 and prio r years. Products Liability — Claims-Made Tax Year Discount Factors (%) 200888.9426 2009 51.3741 2010 53.7803 2011 90.7115 201280.1341 201391.4320 2014 59.5121 201590.5055 201691.6367 201792.7680 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factors to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2018 94.5598 201996.3623 2020 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 95.2929 percent to discount salvage recoverable as of the end of the 2018 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. 2008–49 I.R.B.1255December 8, 2008 Products Liability — Occurrence Tax Year Discount Factors (%) 200887.6369 200989.7198 201091.6030 201192.4224 201292.8704 2013 90.4185 2014 91.0511 2015 94.0066 2016 94.2757 2017 96.1335 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2018 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 95.9730 percent to discount salvage recoverable as of the end of the 2018 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. Reinsurance — Nonproportional Assumed Property Tax Year Discount Factors (%) 200891.0976 200992.7443 2010 95.6984 201180.1417 201289.8643 2013 81.5378 2014 51.40 95 2015 92.8399 201673.31 81 201788.1043 Reinsurance — Nonproportional Assumed Property Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factors to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2018 89.8547 2019 91.6751 2020 93.5877 2021 95.6459 2022 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 90.7540 percent to discount salvage recoverable as of the end of the 2018 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. Reinsuran ce — Nonproportional Assumed Li ability Tax Year Discount Factors (%) 200886.7636 200990.0422 201091.4998 201188.6312 201290.7036 2013 91.5709 201491.4636 201593.2257 2016 95.1632 201796.9140 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. Reinsurance — Nonproportional Assumed Liability 2018 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 94.8390 percent to discount salvage recoverable as of the end of the 2018 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. Reinsurance — Nonproportional Assumed Financial Lines Tax Year Discount Factors (%) 2008 87.1652 2009 85.9016 201089.9069 2011 78.5011 2012 90.2511 201380.2802 2014 90.4154 2015 90.8197 2016 97.5152 201798.0298 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2018 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 98.0298 percent to discount salvage recoverable as of the end of the 2018 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. December 8, 200812562008–49 I.R.B. Special Property (Fire, Allied Lines, Inland Marine, Earthquake, Burglary and Theft) Tax Year Discount Factors (%) 200894.8844 200996.1174 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factor to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 2010 and later years 98.0298 Taxpayers that use the composite method of Notice 88–100 should use 98.0298 percent to discount salvage recoverable as of the end of the 2010 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. Workers’ Compensation Tax Year Discount Factors (%) 2008 88.3785 200990.4189 2010 91.2195 201191.1364 201289.6372 201388.2223 201488.8169 201588.5309 2016 90.7105 201792.4766 Taxpayers that do not use the compos- ite method of Notice 88–100 should use the following factors to discount salvage recoverable as of the end of the tax year shown with respect to losses incurred in this line of business in the 2008 accident year. 201894.2879 201996.1430 2020 and later years 98.0298 Workers’ Compensation Taxpayers that use the composite method of Notice 88–100 should use 95.7028 percent to discount salvage recoverable as of the end of the 2018 taxable year with respect to losses in- curred in this line of business in 2008 and prior years. DRAFTING INFORMATION The principal author of this revenue procedure is Katherine A. Hossofsky of the Office of the Associate Chief Counsel (Financial Institutions & Products). For further information regarding this revenue procedure, contact Ms. Hossofsky at (202) 622–8435 (not a toll-free call). 2008–49 I.R.B.1257December 8, 2008 Part IV. Items o fGeneralInterest Alcohol Fuel and Biodiesel; Renewable Diesel; Alternative Fuel; Diesel-Water Fuel Emulsion; Taxable Fuel Definitions; Excise Tax Returns; Hearing Announcement 2008–117 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of public hearing on pro- posed rulemaking. SUMMARY: This document provides no- tice of public hearingonproposedregu- lations (REG–155087–05, 2008–38 I.R.B. 726) relating to credits and payments for alcohol mixtures, biodiesel mixtures, re- newable diesel mixtures, alternative fuel mixtures, and alternative fuel sold for use or used as a fuel, as well as proposed regu- lations relating to the definition of gasoline and diesel fuel. DATES: The public hearing is being held on Monday, February 9, 2009, at 10:00 a.m. The IRS must receive outlines of the topics to be discussed at the public hearing by Friday, January 9, 2009. ADDRESSES: The public hearing is being held in the IRS Auditorium, Internal Rev- enue Service Building, 1111 Constitution Avenue, NW, Washington, DC 20224. Send Submissions to CC:PA:LPD:PR (REG–155087–05), room 5205, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Mon- day through Friday to CC:PA:LPD:PR (REG–155087–05), Courier’s Desk, In- ternal Revenue Service, 1111 Constitu- tion Avenue, NW, Washington, DC, or sent electronically via the Federal eRule- making Portal atwww.regulations.gov (IRS–REG–155087–05). FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Taylor Cortright (202) 622–3130; con- cerning submissions of comments, the hearing and/or to beplaced on the build- ing access list to attend the hearing Funmi Taylor at (202) 622–7180 (not toll-free numbers). SUPPLEMENTARY INFORMATION: The subject of the public hearing is the notice of proposed rulemaking (REG–155087–05) that was published in theFederal Registeron Tuesday, July 29, 2008 (73 FR 43890). The rules of 26 CFR 601.601(a)(3) ap- ply to the hearing. Persons who wish to present oral comments at the hearing that submitted written comments by October 27, 2008, must submit an outline of the topics to be addressed and the amount of time to be denoted to each topic (signed original and eight (8) copies) A period of 10 minutes is allotted to each person for presenting oral comments. After the deadline for receiving out- lines has passed, the IRS will prepare an agenda containing the schedule of speak- ers. Copies of the agenda will be made available, free of charge, at the hearing or in the Freedom of Information Reading Room (FOIA RR) (Room 1621) which is located at the 11 th and Pennsylvania Avenue, NW, entrance, 1111 Constitution Avenue, NW, Washington, DC. Because of access restrictions, the IRS will not admit visitors beyond the imme- diateentranceareamorethan30minutes before the hearing starts. For informa- tion about having your name placed on the building access list to attend the hear- ing, see the “FOR FURTHER INFORMA- TION CONTACT” section of this docu- ment. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). (Filed by the Office of the Federal Register on November 19, 2008, 8:45 a.m., and published in the issue of the Federal Register for November 20, 2008, 73 F.R. 70288) Announcement of Disciplinary Sanctions From the Office of Professional Responsibility Announcement 2008-118 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 may be imposed on an individual December 8, 200812582008–49 I.R.B. who engages in conduct subject to sanc- tion 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 the IRS, and they may not aid or abet sus- 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 findingthatnoanswertoOPR’scomplaint had been filed, granted OPR’s motion for a 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 license or active enrollment 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 license and 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 San FranciscoPortugal Leon, JorgeE. AttorneySuspended by default decision in expedited proceeding under § 10.82 (suspension of attorney license) Indefinite from August 8, 2008 District of Columbia Washington, DCRoberson, Jr., James O. AttorneySuspended by decision in expedited proceeding under § 10.82 (suspension of attorney license in New Jersey) Indefinite from October 22, 2008 2008–49 I.R.B.1259December 8, 2008 City & StateNameProfessionalDisciplinary SanctionEffective Date(s) Designation Illinois DekalbErwin, Scott R.AttorneySuspended by decision in expedited proceeding under § 10.82 (suspension of attorney license) Indefinite from October 28, 2008 Maryland Silver SpringAlexander, Jr., DavidAttorneySuspended by default decision in expedited proceeding under § 10.82 (attorney disbarment) Indefinite from October 22, 2008 Port TobaccoThomas, Robert L.Enrolled AgentSuspended by decision in expedited proceeding under § 10.82 (conviction under state law, conspiracy to commit bribery) Indefinite from October 22, 2008 PikesvilleWeinrauch, Aaron D.AttorneySuspended by default decision in expedited proceeding under § 10.82 (attorney disbarment) Indefinite from November 4, 2008 AccoceekWilbon, Bernadette M. AttorneySuspended by default decision in expedited proceeding under § 10.82 (suspension of attorney license) Indefinite from November 4, 2008 Massachusetts SpringfieldPellegrino, MatthewA. AttorneySuspended by decision in expedited proceeding under § 10.82 (suspension of attorney license) Indefinite from October 22, 2008 Missouri FlorissantAlderfer, Jr., WilliamK. AttorneySuspended by default decision in expedited proceeding under § 10.82 (suspension of attorney license) Indefinite from November 4, 2008 BallwinDickhaus, Karl W.AttorneySuspended by default decision in expedited proceeding under § 10.82 (suspension of attorney license) Indefinite from November 4, 2008 December 8, 200812602008–49 I.R.B. City & StateNameProfessionalDisciplinary SanctionEffective Date(s) Designation Nebraska OmahaSwitzer, Jr., William L. AttorneySuspended by default decision in expedited proceeding under § 10.82 (suspension of attorney license) Indefinite from November 4, 2008 New Jersey Roberson, Jr., James O., See District of Columbia New York BuffaloBrewer, Byron V.CPASuspended by default decision in expedited proceeding under § 10.82 (conviction under 26 U.S.C. § 7203, willful failure to file tax return) Indefinite from October 22, 2008 North Carolina OakboroHarward, Pete A.CPASuspended by default decision in expedited proceeding under § 10.82 (revocation of CPA license) Indefinite from November 4, 2008 MooresevilleMoffett, Donna M.CPASuspended by decision in expedited proceeding under § 10.82 (revocation of CPA license) Indefinite from November 4, 2008 Ohio ColumbusBeerman, Jeffrey A.CPASuspended by default decision in expedited proceeding under § 10.82 (revocation of CPA license) Indefinite from October 28, 2008 LancasterBoyer, Ronald L.CPASuspended by default decision in expedited proceeding under § 10.82 (revocation of CPA license) Indefinite from October 28, 2008 CincinnatiBuettner, F. AllenCPASuspended by default decision in expedited proceeding under § 10.82 (revocation of CPA license) Indefinite from October 28, 2008 2008–49 I.R.B.1261December 8, 2008 City & StateNameProfessionalDisciplinary SanctionEffective Date(s) Designation Ohio (Continued) LessburgHoskins, Jeffrey J.AttorneySuspended by default decision in expedited proceeding under § 10.82 (attorney disbarment) Indefinite from October 28, 2008 MansfieldSchrack, II, JamesCPASuspended by default decision in expedited proceeding under § 10.82 (revocation of CPA license) Indefinite from October 28, 2008 NortonStamp, James A.CPASuspended by default decision in expedited proceeding under § 10.82 (revocation of CPA license) Indefinite from October 28, 2008 Pennsylvania SwoyersvilleCapwell, Anthony C.CPASuspended by default decision in expedited proceeding under § 10.82 (suspension of CPA license) Indefinite from October 28, 2008 Tennessee BrentwoodLeckrone, James D.AttorneySuspended by default decision in expedited proceeding under § 10.82 (conviction under 26 U.S.C. § 7201, filing a false income tax return) Indefinite from October 28, 2008 Wyoming DouglasGottlob, John C.CPASuspended by default decision in expedited proceeding under § 10.82 (revocation of CPA license) Indefinite from October 28, 2008 December 8, 200812622008–49 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. 2008–49 I.R.B.iDecember 8, 2008 Numerical Finding List 1 Bulletins 2008–27 through 2008–49 Announcements: 2008-62, 2008-27 I.R.B.74 2008-63, 2008-28 I.R.B.114 2008-64, 2008-28 I.R.B.114 2008-65, 2008-31 I.R.B.279 2008-66, 2008-29 I.R.B.164 2008-67, 2008-29 I.R.B.164 2008-68, 2008-30 I.R.B.244 2008-69, 2008-32 I.R.B.318 2008-70, 2008-32 I.R.B.318 2008-71, 2008-32 I.R.B.321 2008-72, 2008-32 I.R.B.321 2008-73, 2008-33 I.R.B.391 2008-74, 2008-33 I.R.B.392 2008-75, 2008-33 I.R.B.392 2008-76, 2008-33 I.R.B.393 2008-77, 2008-33 I.R.B.394 2008-78, 2008-34 I.R.B.453 2008-79, 2008-35 I.R.B.568 2008-80, 2008-37 I.R.B.706 2008-81, 2008-37 I.R.B.706 2008-82, 2008-37 I.R.B.708 2008-83, 2008-37 I.R.B.709 2008-84, 2008-38 I.R.B.748 2008-85, 2008-38 I.R.B.749 2008-86, 2008-40 I.R.B.843 2008-87, 2008-40 I.R.B.843 2008-88, 2008-40 I.R.B.843 2008-89, 2008-40 I.R.B.844 2008-90, 2008-41 I.R.B.896 2008-91, 2008-42 I.R.B.963 2008-92, 2008-42 I.R.B.963 2008-93, 2008-41 I.R.B.896 2008-94, 2008-42 I.R.B.964 2008-95, 2008-42 I.R.B.964 2008-96, 2008-43 I.R.B.1010 2008-97, 2008-43 I.R.B.1010 2008-98, 2008-44 I.R.B.1087 2008-99, 2008-44 I.R.B.1089 2008-100, 2008-44 I.R.B.1090 2008-101, 2008-44 I.R.B.1090 2008-102, 2008-43 I.R.B.1011 2008-103, 2008-46 I.R.B.1161 2008-104, 2008-45 I.R.B.1136 2008-105, 2008-48 I.R.B.1219 2008-106, 2008-45 I.R.B.1137 2008-107, 2008-46 I.R.B.1162 2008-108, 2008-46 I.R.B.1165 2008-109, 2008-46 I.R.B.1166 2008-110, 2008-48 I.R.B.1224 2008-111, 2008-48 I.R.B.1224 2008-112, 2008-47 I.R.B. 1199 2008-113, 2008-47 I.R.B.1199 Announcements— Continued: 2008-114, 2008-48 I.R.B.1226 2008-115, 2008-48 I.R.B.1228 2008-116, 2008-48 I.R.B.1230 2008-117, 2008-49 I.R.B.1258 2008-118, 2008-49 I.R.B.1258 Court Decisions: 2087, 2008-41 I.R.B.845 Notices: 2008-55, 2008-27 I.R.B.11 2008-56, 2008-28 I.R.B.79 2008-57, 2008-28 I.R.B.80 2008-58, 2008-28 I.R.B.81 2008-59, 2008-29 I.R.B.123 2008-60, 2008-30 I.R.B.178 2008-61, 2008-30 I.R.B.180 2008-62, 2008-29 I.R.B.130 2008-63, 2008-31 I.R.B.261 2008-64, 2008-31 I.R.B.268 2008-65, 2008-30 I.R.B.182 2008-66, 2008-31 I.R.B.270 2008-67, 2008-32 I.R.B.307 2008-68, 2008-34 I.R.B.418 2008-69, 2008-34 I.R.B.419 2008-70, 2008-36 I.R.B.575 2008-71, 2008-35 I.R.B.462 2008-72, 2008-43 I.R.B.998 2008-73, 2008-38 I.R.B.717 2008-74, 2008-38 I.R.B.718 2008-75, 2008-38 I.R.B.719 2008-76, 2008-39 I.R.B.768 2008-77, 2008-40 I.R.B.814 2008-78, 2008-41 I.R.B.851 2008-79, 2008-40 I.R.B.815 2008-80, 2008-40 I.R.B.820 2008-81, 2008-41 I.R.B.852 2008-82, 2008-41 I.R.B.853 2008-83, 2008-42 I.R.B.905 2008-84, 2008-41 I.R.B.855 2008-85, 2008-42 I.R.B.905 2008-86, 2008-42 I.R.B.925 2008-87, 2008-42 I.R.B.930 2008-88, 2008-42 I.R.B.933 2008-89, 2008-43 I.R.B.999 2008-90, 2008-43 I.R.B.1000 2008-91, 2008-43 I.R.B.1001 2008-92, 2008-43 I.R.B.1001 2008-93, 2008-43 I.R.B.1002 2008-94, 2008-44 I.R.B.1070 2008-95, 2008-44 I.R.B.1076 2008-96, 2008-44 I.R.B.1077 2008-97, 2008-44 I.R.B.1080 2008-98, 2008-44 I.R.B.1080 2008-99, 2008-47 I.R.B.1194 Notices— Continued: 2008-100, 2008-44 I.R.B.1081 2008-101, 2008-44 I.R.B.1082 2008-102, 2008-45 I.R.B.1106 2008-103, 2008-46 I.R.B.1156 2008-105, 2008-48 I.R.B.1208 2008-106, 2008-49 I.R.B.1239 Proposed Regulations: REG-209006-89, 2008-41 I.R.B.867 REG-157711-02, 2008-44 I.R.B.1087 REG-143544-04, 2008-42 I.R.B.947 REG-160868-04, 2008-45 I.R.B.1115 REG-161695-04, 2008-37 I.R.B.699 REG-164965-04, 2008-34 I.R.B.450 REG-142339-05, 2008-45 I.R.B.1116 REG-143453-05, 2008-32 I.R.B.310 REG-146895-05, 2008-37 I.R.B.700 REG-155087-05, 2008-38 I.R.B.726 REG-164370-05, 2008-46 I.R.B.1157 REG-142680-06, 2008-35 I.R.B.565 REG-156779-06, 2008-46 I.R.B.1160 REG-120476-07, 2008-36 I.R.B.679 REG-120844-07, 2008-39 I.R.B.770 REG-128841-07, 2008-45 I.R.B.1124 REG-129243-07, 2008-27 I.R.B.32 REG-138355-07, 2008-32 I.R.B.311 REG-140029-07, 2008-40 I.R.B.828 REG-142040-07, 2008-34 I.R.B.451 REG-142333-07, 2008-43 I.R.B.1008 REG-149404-07, 2008-40 I.R.B.839 REG-149405-07, 2008-27 I.R.B.73 REG-100464-08, 2008-32 I.R.B.313 REG-101258-08, 2008-28 I.R.B.111 REG-102122-08, 2008-31 I.R.B.278 REG-102822-08, 2008-38 I.R.B.744 REG-103146-08, 2008-37 I.R.B.701 REG-106251-08, 2008-39 I.R.B.774 REG-107318-08, 2008-45 I.R.B.1131 REG-115457-08, 2008-33 I.R.B.390 REG-118327-08, 2008-48 I.R.B.1218 REG-121698-08, 2008-29 I.R.B.163 Revenue Procedures: 2008-32, 2008-28 I.R.B.82 2008-33, 2008-28 I.R.B.93 2008-34, 2008-27 I.R.B.13 2008-35, 2008-29 I.R.B.132 2008-36, 2008-33 I.R.B.340 2008-37, 2008-29 I.R.B.137 2008-38, 2008-29 I.R.B.139 2008-39, 2008-29 I.R.B.143 2008-40, 2008-29 I.R.B.151 2008-41, 2008-29 I.R.B.155 2008-42, 2008-29 I.R.B.160 2008-43, 2008-30 I.R.B.186 1 A cumulative list of all revenue rulings, revenueprocedures, Treasury decisions, etc., publishedin Internal Revenue Bulletins 2008–1 through 2008–26 is in Internal Revenue Bulletin 2008–26, dated June 30, 2008. December 8, 2008ii2008–49 I.R.B. Revenue Procedures— Continued: 2008-44, 2008-30 I.R.B.187 2008-45, 2008-30 I.R.B.224 2008-46, 2008-30 I.R.B.238 2008-47, 2008-31 I.R.B.272 2008-48, 2008-36 I.R.B.586 2008-49, 2008-34 I.R.B.423 2008-50, 2008-35 I.R.B.464 2008-51, 2008-35 I.R.B.562 2008-52, 2008-36 I.R.B.587 2008-53, 2008-36 I.R.B.678 2008-54, 2008-38 I.R.B.722 2008-55, 2008-39 I.R.B.768 2008-56, 2008-40 I.R.B.826 2008-57, 2008-41 I.R.B.855 2008-58, 2008-41 I.R.B.856 2008-59, 2008-41 I.R.B.857 2008-60, 2008-43 I.R.B.1006 2008-61, 2008-42 I.R.B.934 2008-62, 2008-42 I.R.B.935 2008-63, 2008-42 I.R.B.946 2008-64, 2008-47 I.R.B.1195 2008-65, 2008-44 I.R.B.1082 2008-66, 2008-45 I.R.B.1107 2008-67, 2008-48 I.R.B.1211 2008-69, 2008-48 I.R.B.1217 2008-70, 2008-49 I.R.B.1240 2008-71, 2008-49 I.R.B.1251 Revenue Rulings: 2008-32, 2008-27 I.R.B.6 2008-33, 2008-27 I.R.B.8 2008-34, 2008-28 I.R.B.76 2008-35, 2008-29 I.R.B.116 2008-36, 2008-30 I.R.B.165 2008-37, 2008-28 I.R.B.77 2008-38, 2008-31 I.R.B.249 2008-39, 2008-31 I.R.B.252 2008-40, 2008-30 I.R.B.166 2008-41, 2008-30 I.R.B.170 2008-42, 2008-30 I.R.B.175 2008-43, 2008-31 I.R.B.258 2008-44, 2008-32 I.R.B.292 2008-45, 2008-34 I.R.B.403 2008-46, 2008-36 I.R.B.572 2008-47, 2008-39 I.R.B.760 2008-48, 2008-38 I.R.B.713 2008-49, 2008-40 I.R.B.811 2008-50, 2008-45 I.R.B.1098 2008-51, 2008-47 I.R.B.1171 2008-52, 2008-49 I.R.B.1233 2008-53, 2008-49 I.R.B.1231 Social Security Contribution and Benefit Base; Domestic Employee Coverage Threshold: 2008-103, 2008-46 I.R.B.1156 Treasury Decisions: 9401, 2008-27 I.R.B.1 9402, 2008-31 I.R.B.254 9403, 2008-32 I.R.B.285 9404, 2008-32 I.R.B.280 9405, 2008-32 I.R.B.293 9406, 2008-32 I.R.B.287 9407, 2008-33 I.R.B.330 9408, 2008-33 I.R.B.323 9409, 2008-29 I.R.B.118 9410, 2008-34 I.R.B.414 9411, 2008-34 I.R.B.398 9412, 2008-37 I.R.B.687 9413, 2008-34 I.R.B.404 9414, 2008-35 I.R.B.454 9415, 2008-36 I.R.B.570 9416, 2008-46 I.R.B.1142 9417, 2008-37 I.R.B.693 9418, 2008-38 I.R.B.713 9419, 2008-40 I.R.B.790 9420, 2008-39 I.R.B.750 9421, 2008-39 I.R.B.755 9422, 2008-42 I.R.B.898 9423, 2008-43 I.R.B.966 9424, 2008-44 I.R.B.1012 9425, 2008-45 I.R.B.1100 9426, 2008-46 I.R.B.1153 9427, 2008-47 I.R.B.1179 9428, 2008-47 I.R.B.1174 9429, 2008-47 I.R.B.1167 9430, 2008-48 I.R.B.1205 9431, 2008-49 I.R.B.1235 9432, 2008-49 I.R.B.1236 2008–49 I.R.B.iiiDecember 8, 2008 Finding List of Current Actions on Previously Published Items 1 Bulletins 2008–27 through 2008–49 Announcements: 2008-19 Superseded by Ann. 2008-95, 2008-42 I.R.B.964 2008-64 Corrected by Ann. 2008-71, 2008-32 I.R.B.321 2008-72 Corrected by Ann. 2008-78, 2008-34 I.R.B.453 Notices: 88-80 Modified by Notice 2008-79, 2008-40 I.R.B.815 99-48 Superseded by Rev. Proc. 2008-40, 2008-29 I.R.B.151 2000-9 Obsoleted by Rev. Proc. 2008-41, 2008-29 I.R.B.155 2004-2 Amplified by Notice 2008-59, 2008-29 I.R.B.123 2004-50 Amplified by Notice 2008-59, 2008-29 I.R.B.123 2005-11 Superseded by T.D. 9425, 2008-45 I.R.B.1100 2005-91 Obsoleted by T.D. 9422, 2008-42 I.R.B.898 2006-88 Modified and superseded by Notice 2008-60, 2008-30 I.R.B.178 2007-22 Amplified by Notice 2008-59, 2008-29 I.R.B.123 2007-36 Clarified, modified, and amplified by Rev. Proc. 2008-54, 2008-38 I.R.B.722 2007-52 Updated and amplified by Notice 2008-96, 2008-44 I.R.B.1077 2007-53 Updated by Notice 2008-97, 2008-44 I.R.B.1080 Notices— Continued: 2008-41 Amended and supplemented by Notice 2008-88, 2008-42 I.R.B.933 Proposed Regulations: REG-161695-04 Corrected by Ann. 2008-92, 2008-42 I.R.B.963 REG-143453-05 Hearing cancelled by Ann. 2008-96, 2008-43 I.R.B.1010 REG-155087-05 Hearing scheduled by Ann. 2008-117, 2008-49 I.R.B.1258 REG-129243-07 Corrected by Ann. 2008-75, 2008-33 I.R.B.392 REG-151135-07 Hearing scheduled by Ann. 2008-64, 2008-28 I.R.B.114 REG-101258-08 Corrected by Ann. 2008-73, 2008-33 I.R.B.391 REG-102822-08 Hearing cancelled by Ann. 2008-116, 2008-48 I.R.B.1230 REG-103146-08 Hearing scheduled by Ann. 2008-102, 2008-43 I.R.B.1011 REG-115457-08 Hearing scheduled by Ann. 2008-108, 2008-46 I.R.B.1165 Revenue Procedures: 92-25 Superseded by Rev. Proc. 2008-41, 2008-29 I.R.B.155 92-83 Obsoleted by Rev. Proc. 2008-37, 2008-29 I.R.B.137 2001-10 Section 6.02(1)(a) modified and amplified by Rev. Proc. 2008-52, 2008-36 I.R.B.587 2001-42 Superseded by Rev. Proc. 2008-39, 2008-29 I.R.B.143 2002-9 Clarified, modified, amplified, and superseded by Rev. Proc. 2008-52, 2008-36 I.R.B.587 Modified and amplified by Rev. Proc. 2008-43, 2008-30 I.R.B.186 Revenue Procedures— Continued: 2002-28 Section 7.02(1)(a) modified and amplified by Rev. Proc. 2008-52, 2008-36 I.R.B.587 2002-44 Modified by Ann. 2008-111, 2008-48 I.R.B.1224 2002-64 Superseded by Rev. Proc. 2008-55, 2008-39 I.R.B.768 2004-44 Superseded by Rev. Proc. 2008-67, 2008-48 I.R.B.1211 2005-29 Superseded by Rev. Proc. 2008-49, 2008-34 I.R.B.423 2006-27 Modified and superseded by Rev. Proc. 2008-50, 2008-35 I.R.B.464 2006-29 Superseded by Rev. Proc. 2008-34, 2008-27 I.R.B.13 2006-34 Superseded by Rev. Proc. 2008-44, 2008-30 I.R.B.187 2006-44 Modified by Ann. 2008-111, 2008-48 I.R.B.1224 2007-9 Modified by Rev. Proc. 2008-70, 2008-49 I.R.B.1240 2007-14 Superseded by Rev. Proc. 2008-52, 2008-36 I.R.B.587 2007-19 Superseded by Rev. Proc. 2008-39, 2008-29 I.R.B.143 2007-37 Updated by Rev. Proc. 2008-62, 2008-42 I.R.B.935 2007-42 Superseded by Rev. Proc. 2008-32, 2008-28 I.R.B.82 2007-43 Superseded by Rev. Proc. 2008-33, 2008-28 I.R.B.93 2007-44 Modified by Rev. Proc. 2008-56, 2008-40 I.R.B.826 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2008–1 through 2008–26 is in Internal Revenue Bulletin 2008–26, dated June 30, 2008. December 8, 2008iv2008–49 I.R.B. Revenue Procedures— Continued: 2007-49 Section 3 modified and superseded by Rev. Proc. 2008-50, 2008-35 I.R.B.464 2007-50 Superseded by Rev. Proc. 2008-36, 2008-33 I.R.B.340 2007-63 Superseded by Rev. Proc. 2008-59, 2008-41 I.R.B.857 2007-66 Modified and superseded by Rev. Proc. 2008-54, 2008-38 I.R.B.722 2007-70 Modified by Ann. 2008-63, 2008-28 I.R.B.114 2007-72 Amplified and superseded by Rev. Proc. 2008-47, 2008-31 I.R.B.272 2008-3 Modified and amplified by Rev. Proc. 2008-61, 2008-42 I.R.B.934 2008-4 Modified by Rev. Proc. 2008-67, 2008-48 I.R.B.1211 2008-10 Modified by Rev. Proc. 2008-70, 2008-49 I.R.B.1240 2008-12 Modified and superseded by Rev. Proc. 2008-35, 2008-29 I.R.B.132 2008-43 Modified by Rev. Proc. 2008-52, 2008-36 I.R.B.587 2008-52 Modified by Ann. 2008-84, 2008-38 I.R.B.748 Revenue Rulings: 67-213 Amplified by Rev. Rul. 2008-40, 2008-30 I.R.B.166 71-234 Modified by Rev. Proc. 2008-43, 2008-30 I.R.B.186 76-273 Obsoleted by T.D. 9414, 2008-35 I.R.B.454 77-480 Modified by Rev. Proc. 2008-43, 2008-30 I.R.B.186 Revenue Rulings— Continued: 82-105 Obsoleted by T.D. 9414, 2008-35 I.R.B.454 91-17 Amplified by Rev. Proc. 2008-41, 2008-29 I.R.B.155 Rev. Proc. 2008-42, 2008-29 I.R.B.160 Superseded in part by Rev. Proc. 2008-40, 2008-29 I.R.B.151 2005-6 Amplified by Rev. Proc. 2008-38, 2008-29 I.R.B.139 2006-57 Modified by Notice 2008-74, 2008-38 I.R.B.718 2008-3 Supplemented and superseded by Rev. Rul. 2008-52, 2008-49 I.R.B.1233 2008-12 Amplified by Rev. Rul. 2008-38, 2008-31 I.R.B.249 Clarified by Ann. 2008-65, 2008-31 I.R.B.279 Treasury Decisions: 8073 Corrected by Ann. 2008-99, 2008-44 I.R.B.1089 9391 Corrected by Ann. 2008-74, 2008-33 I.R.B.392 9417 Corrected by Ann. 2008-91, 2008-42 I.R.B.963 9424 Corrected by Ann. 2008-114, 2008-48 I.R.B.1226 2008–49 I.R.B.vDecember 8, 2008 December 8, 20082008–49 I.R.B. 2008–49 I.R.B.December 8, 2008 December 8, 20082008–49 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. 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