Internal Revenue Bulletin 2004-48 (PDF rendition): IRS Announcements

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

Bulletin No. 200
4-48
November 29, 200
4
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.
SPECIAL ANNOUNCEMENT
Announcement 2004–93, page 882.
This announcement solicits applications from potential partners
to participate in the 2005 IRS Individuale-filePartnership Pro-
gram. The partnership opportunities are a result of RRA 98,
which requires the IRS to receive 80 percent of all returns elec-
tronically by 2007. RRA 98 authorized the IRS Commissioner
to promote the benefits and encourage the use ofe-fileser-
vices through partnerships with various entities that offer low
cost tax preparation and electronic filing of individual income
tax returns for qualified taxpayers. Those applicants that are
accepted as partners will have a link(s) and description(s) of
their services placed on the IRS website atwww.irs.gov(Part-
ners Page).
INCOME TAX
Rev. Rul. 2004–105, page 873.
LIFO; price indexes; department stores.The September
2004 Bureau of Labor Statistics price indexes are accepted
for use by department stores employing the retail inventory
and last-in, first-out inventory methods for valuing inventories
for tax years ended on, or with reference to, September 30,
2004.
EMPLOY
EE PLANS
Notic
e 2004–78, page 879.
Actuar
ial assumptions; distributions under section 101
of Pen
sion Funding Equity Act of 2004.This notice pro-
vides
guidance in question and answer format on the use of
actua
rial assumptions in determining certain single sum dis-
tributions and the limitations of section 415(b)(2) of the Code
as a result of section 415(b)(2)(E)(ii) as amended by section
101(b)(4) of the Pension Funding Equity Act of 2004.
ADMINISTRATIVE
Notice 2004–74, page 875.
The Service is suspending certain income limitation require-
ments under section 42 of the Code for certain low-income
housing credit properties in Alabama as a result of the devas-
tation caused by Hurricane Ivan.
Notice 2004–75, page 876.
The Service is suspending certain income limitation require-
ments under section 42 of the Code for certain low-income
housing credit properties in Ohio as a result of the devastation
caused by remnants of Hurricanes Ivan and Frances.
Notice 2004–76, page 878.
The Service is suspending certain income limitation require-
ments under section 42 of the Code for certain low-income
housing credit properties in Florida as a result of the devasta-
tion caused by Hurricanes Charley, Frances, Ivan, and Jeanne.
Notice 2004–66 amplified and superseded.
A
nnouncements of Disbarments and Suspensions begin on page 885.
Finding Lists begin on page ii.
Index for July through November begins on page vi.

The IRS Mission
Provide America’s taxpayers top quality service by helping
them understand and 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 Sec-
retary (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.
November 29, 20042004–48 I.R.B.

Part I. Rulings and Decisions Under the Internal Revenue Code
of 1986
Section 472.—Last-in,
First-out Inventories
26 CFR 1.472–1: Last-in, first-out inventories.
LIFO; price indexes; department
stores.The September 2004 Bureau of
Labor Statistics price indexes are accepted
for use by department stores employing
the retail inventory and last-in, first-out
inventory methods for valuing inventories
for tax years ended on, or with reference
to, September 30, 2004.
Rev. Rul. 2004–105
The following Department Store In-
ventory Price Indexes for September
2004 were issued by the Bureau of La-
bor Statistics. The indexes are accepted
by the Internal Revenue Service, under
§ 1.472–1(k) of the Income Tax Regula-
tions and Rev. Proc. 86–46, 1986–2 C.B.
739, for appropriate application to inven-
tories of department stores employing the
retail inventory and last-in, first-out in-
ventory methods for tax years ended on,
or with reference to, September 30, 2004.
The Department Store Inventory Price
Indexes are prepared on a national basis
and include (a) 23 major groups of depart-
ments, (b) three special combinations of
the major groups — soft goods, durable
goods, and miscellaneous goods, and (c) a
store total, which covers all departments,
including some not listed separately, ex-
cept for the following: candy, food, liquor,
tobacco, and contract departments.
BUREAU OF
LABOR STATISTICS, DEPARTMENT STORE
INVENTOR
Y PRICE INDEXES BY DEPARTMENT GROUPS
(January
1941 = 100, unless otherwise noted)
GroupsSept. 2003Sept. 2004
Percent Change
from Sept. 2003
to Sept. 2004
1
1. PieceGoods .............................................482.6488.91.3
2. DomesticsandDraperies..................................559.7526.6-5.9
3. Women’s
andChildren’sShoes ............................
651.9657.40.8
4. Men’sShoes.............................................847.3842.8-0.5
5. Infants’Wear ............................................611.8582.8-4.7
6. Women’
sUnderwear......................................
517.8509.6-1.6
7. Women’sHosiery ........................................355.5336.6-5.3
8. Women’sandGirls’Accessories ...........................584.6576.2-1.4
9. Women
’sOuterwearandGirls’Wear .......................
377.3371.0-1.7
10. Men’sClothing ..........................................542.3531.2-2.0
11. Men’sFurnishings........................................579.8567.1-2.2
12. Boys
’ClothingandFurnishings............................
448.2425.7-5.0
13. Jewelry..................................................875.9886.21.2
14. Notions .................................................788.2797.81.2
15. Toil
etArticlesandDrugs..................................
980.4993.21.3
16. FurnitureandBedding ....................................620.7608.0-2.0
17. FloorCoverings..........................................588.6584.0-0.8
18. Hou
sewares..............................................
717.2711.7-0.8
19. MajorAppliances.........................................210.3197.4-6.1
20. RadioandTelevision......................................44.741.1-8.1
21
.
Re
creation and Education
2
.................................
81.979.9-2.4
22. Home Improvements
2
.....................................123.9128.94.0
23. Automotive Accessories
2
..................................111.7113.01.2
Groups1–15:SoftGoods .......................................568.8559.8-1.6
Groups16–20:DurableGoods...................................391.4379.8-3.0
Groups 21–23: Misc. Goods
2
....................................93.593.0-0.5
Store Total
3
..............................................504.3495.4-1.8
1
Absence of a minus sign before the percentage change in this column signifies a price increase.
2
Indexes on a January 1986 = 100 base.
3
The store total index covers all departments, including some not listed separately, except for the following: candy, food, liquor,
tobacco and contract departments.
2004–48 I.R.B.873November 29, 2004

DRAFTING INFORMATION
The principal author of this revenue
ruling is Michael Burkom of the Office
of Associate Chief Counsel (Income Tax
and Accounting). For further informa-
tion regarding this revenue ruling, contact
Mr. Burkom at (202) 622–7924 (not a
toll-free call).
November 29, 20048742004–48 I.R.B.

Part III. Administrative, Procedural, and Miscellaneous
Relief From Certain
Low-Income Housing Credit
Requirements in the State of
Alabama Due to Hurricane
Ivan
Notice 2004–74
The Internal Revenue Service is sus-
pending certain income limitation require-
ments under § 42 of the Internal Revenue
Code for certain low-income housing
credit properties in Alabama as a result of
the devastation caused by Hurricane Ivan.
This relief is being granted pursuant to
the Service’s authority under § 42(n) and
§ 1.42–13(a) of the Income Tax Regula-
tions.
BACKGROUND
On September 15, 2004, the Presi-
dent declared a major disaster for the
State of Alabama as a result of Hurricane
Ivan. This declaration was made under
the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, Title 42
U.S.C. 5121–5206 (2000 & Supp. I 2001).
Subsequently, the Federal Emergency
Management Agency (FEMA) designated
counties for Individual Assistance.
The State of Alabama has requested
that the Service allow owners of low-in-
come housing credit projects to provide
temporary housing in vacant units to in-
dividuals displaced because their homes
were destroyed or damaged as a result
of the devastation caused by Hurricane
Ivan (displaced individuals). The State
of Alabama has further requested that
the temporary housing of the displaced
individuals in low-income units without
regard to income not cause the owners to
lose low-income housing credits.
SUSPENSION OF INCOME
LIMITATIONS
Because of the widespread damage to
housing caused by Hurricane Ivan, the
Service has determined that it is appropri-
ate to temporarily suspend certain income
limitation requirements under § 42 for
qualified low-income housing projects
in the State of Alabama that are beyond
the first year of the credit period under
§ 42(f)(1). The suspension will apply to
low-income housing projects, approved
by the Alabama Housing Finance Author-
ity, in which vacant units are rented to
individuals displaced by Hurricane Ivan.
The Alabama Housing Finance Authority
will determine the appropriate period of
temporary housing for each project, not to
extend beyond September 30, 2005.
During the temporary housing period
established by the Alabama Housing Fi-
nance Authority, the status of a vacant
unit (that is, market rate or low-income
forpurposesof§42)thatbecomestem-
porarily occupied by a displaced individ-
ual remains the same as the unit’s sta-
tus before the displaced individual moves
in. Displaced individuals temporarily oc-
cupying vacant units will not be treated as
low-income tenants under § 42(i)(3)(A)(ii)
(a low-income unit that was vacant before
theeffectivedateofthisnoticewillcon-
tinue to be treated as a vacant low-income
unit even if it houses a displaced individ-
ual and a market rate unit that was vacant
before the effective date of this notice will
continue to be treated as a vacant market
rate unit even if it houses a displaced in-
dividual). Thus, the fact that a vacant unit
becomes occupied by a displaced individ-
ual will not affect the building’s applica-
ble fraction under § 42(c)(1)(B) for pur-
poses of determining the building’s qual-
ified basis, nor will it affect the 20–50 test
or 40–60 test of § 42(g)(1). If the income
of occupants in low-income units exceeds
140 percent of the applicable income lim-
itation, the temporary occupancy of a unit
by a displaced individual will not cause ap-
plication of the available unit rule under
§ 42(g)(2)(D)(ii). In addition, the project
owner is not required during the tempo-
raryhousingperiodtomakeattemptsto
rent to low-income individuals the low-in-
come units housing displaced individuals.
All other rules and requirements of § 42
will continue to apply.
At the end of the temporary housing pe-
riod established by the Alabama Housing
Finance Authority, the applicable income
limitations contained in § 42(g)(1), the
available unit rule under § 42(g)(2)(D)(ii),
and the requirement to make reasonable
attempts to rent vacant units to low-in-
come individuals resume.
The suspension of income limitations is
subject to the requirements listed below.
REQUIREMENTS FOR SUSPENSION
OF INCOME LIMITATIONS
To qualify for the suspension of income
limitations, the project owner must meet
all of the following requirements:
(1) Major Disaster Area
The displaced individual must have
resided in an Alabama county designated
for Individual Assistance by FEMA as a
result of Hurricane Ivan.
(2) Approval of Alabama Housing Finance
Authority
The project owner must obtain approval
from the Alabama Housing Finance Au-
thority to obtain the relief described in this
notice. The Alabama Housing Finance
Authority will determine the appropri-
ate period of temporary housing for each
project, not to extend beyond September
30, 2005.
(3) Certificationsand Recordkeeping
To comply with the requirements of
§ 1.42–5, project owners are required to
maintain and certify certain information
concerning each displaced individual tem-
porarily housed in the project, specifically:
name, address of damaged home, social
security number, and a statement signed
under penalties of perjury by the displaced
individual that, because of damage to the
individual’s home in an Alabama county
designated for Individual Assistance by
FEMA as a result of Hurricane Ivan, the
individual requires temporary housing.
The owner must also certify the date the
individual began temporary occupancy
and the date the project will discontinue
providing temporary housing as estab-
lished by the Alabama Housing Finance
Authority. The certifications and record-
keeping for displacedindividuals must be
maintained as part of the annual compli-
ance monitoring process with the Alabama
Housing Finance Authority.
2004–48 I.R.B.875November 29, 2004

(4) Rent Restrictions
Rent for the low-income units housing
displaced individuals must not exceed the
existing rent-restricted rates for the low-
income units established under § 42(g)(2).
(5) Protection of Existing Tenants
Existing tenants in occupied low-in-
come units cannot be evicted or have their
tenancy terminated as a result of efforts to
provide temporary housing for displaced
individuals.
EFFECTIVE DATE
This notice is effective September 15,
2004 (the date of the President’s major dis-
aster declaration as a result of Hurricane
Ivan).
PAPERWORK REDUCTION ACT
The collection of information contained
in this notice has been reviewed and ap-
proved by the Office of Management and
Budget (OMB) in accordance with the Pa-
perwork Reduction Act (44 U.S.C. 3507)
under control number 1545–1907.
An agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless the
collection of information displays a valid
OMB control number.
The collection of information in this
notice is in the section titled “REQUIRE-
MENTS FOR SUSPENSION OF IN-
COME LIMITATIONS,” under “(3) Cer-
tifications and Recordkeeping.” This in-
formation is required to enable the Service
and the Alabama Housing Finance Author-
ity to verify that the individuals obtaining
temporary housing in approved low-in-
come housing projects are displaced from
their homes in an Alabama county desig-
nated for Individual Assistance by FEMA
as a result of Hurricane Ivan.
This information will be used in the
Alabama Housing Finance Authority’s
compliance monitoring process. The
collection of information is required to
obtain a benefit. The likely respondents
are individuals, businesses, and nonprofit
institutions.
The estimated total annual recordkeep-
ing burden is 175 hours.
The estimated annual burden per
recordkeeper is approximately 15 minutes.
The estimated number of recordkeepers is
700.
Books or records relating to a collection
of information must be retained as long
as their contents may become material to
the administration of the internal revenue
law. Generally, tax returns and tax return
information are confidential, as required
by 26 U.S.C. 6103.
DRAFTING INFORMATION
The principal author of this notice is
Jack Malgeri of the Office of the Associate
Chief Counsel (Passthroughs and Special
Industries). For further information re-
garding this notice, contact Mr. Malgeri at
(202) 622–3040 (not a toll-free call).
Relief From Certain
Low-Income Housing Credit
Requirements in the State of
Ohio Due to Post-Hurricane
Severe Storms and Flooding
Notice 2004–75
The Internal Revenue Service is su
s-
pending certain income limitatio
nrequire-
ments under § 42 of the Internal Rev
enue
Code for certain low-income housi
ng
credit properties in Ohio as a res
ult of the
devastation caused by severe sto
rms and
flooding from the remnants of Hur
ricanes
Frances and Ivan. This relief is
being
granted pursuant to the Service
’s author-
ity under § 42(n) and § 1.42–13(a
)ofthe
Income Tax Regulations.
BACKGROUND
On September 19, 2004, the President
declared a major disaster for the State
of Ohio as a result of severe storms and
flooding from the remnants of Hurricanes
Frances and Ivan. This declaration was
made under the Robert T. Stafford Dis-
aster Relief and Emergency Assistance
Act, Title 42 U.S.C. 5121–5206 (2000 &
Supp. I 2001). Subsequently, the Federal
Emergency Management Agency (FEMA)
designated counties for Individual Assis-
tance.
The State of Ohio has requested that the
Service allow owners of low-income hous-
ing credit projects located in Ohio counties
designated for Individual Assistance by
FEMA (designated counties) to provide
temporary housing in vacant units to in-
dividuals displaced because their homes
were destroyed or damaged as a result
of the devastation caused by the severe
storms and flooding from the remnants of
Hurricanes Frances and Ivan (displaced
individuals). The State of Ohio has further
requested that the temporary housing of
the displaced individuals in low-income
units without regard to income not cause
the owners to lose low-income housing
credits.
SUSPENSION OF INCOME
LIMITATIONS
Because of the significant damage to
housing caused by the post-hurricane se-
vere storms and flooding in designated
counties in the State of Ohio, the Ser-
vice has determined that it is appropriate
to temporarily suspend certain income
limitation requirements under § 42 for
qualified low-income housing projects
located in designated counties that are
beyond the first year of the credit period
under § 42(f)(1). The suspension will
apply to low-income housing projects,
approved by the Ohio Housing Finance
Agency, in which vacant units are rented
to individuals displaced by the post-hur-
ricane severe storms and flooding. The
Ohio Housing Finance Agency will deter-
mine the appropriate period of temporary
housing for each project, not to extend
beyond September 30, 2005.
During the temporary housing period
established by the Ohio Housing Finance
Agency, the status of a vacant unit (that
is, market rate or low-income for purposes
of § 42) that becomes temporarily occu-
pied by a displaced individual remains the
same as the unit’s status before the dis-
placed individual moves in. Displaced
individuals temporarily occupying vacant
units will not be treated as low-income
tenants under § 42(i)(3)(A)(ii) (a low-in-
come unit that was vacant before the ef-
fective date of this notice will continue
to be treated as a vacant low-income unit
even if it houses a displaced individual and
a market rate unit that was vacant before
the effective date of this notice will con-
tinue to be treated as a vacant market rate
unit even if it houses a displaced individ-
ual). Thus, the fact that a vacant unit be-
comes occupied by a displaced individ-
November 29, 20048762004–48 I.R.B.

ual will not affect the building’s applica-
ble fraction under § 42(c)(1)(B) for pur-
poses of determining the building’s qual-
ified basis, nor will it affect the 20–50 test
or 40–60 test of § 42(g)(1). If the income
of occupants in low-income units exceeds
140 percent of the applicable income lim-
itation, the temporary occupancy of a unit
by a displaced individual will not cause ap-
plication of the available unit rule under
§ 42(g)(2)(D)(ii). In addition, the project
owner is not required during the tempo-
raryhousingperiodtomakeattemptsto
rent to low-income individuals the low-in-
come units housing displaced individuals.
All other rules and requirements of § 42
will continue to apply.
At the end of the temporary housing pe-
riod established by the Ohio Housing Fi-
nance Agency, the applicable income lim-
itations contained in § 42(g)(1), the avail-
able unit rule under § 42(g)(2)(D)(ii), and
the requirement to make reasonable at-
tempts to rent vacant units to low-income
individuals resume.
The suspension of income limitations is
subject to the requirements listed below.
REQUIREMENTS FOR SUSPENSION
OF INCOME LIMITATIONS
To qualify for the suspension of income
limitations, the project owner must meet
all of the following requirements:
(1) Major Disaster Area
The displaced individual must have
resided in an Ohio county designated for
Individual Assistance by FEMA as a re-
sult of the severe storms and flooding
from the remnants of Hurricane Frances or
Hurricane Ivan. Additionally, the low-in-
come housing project providing temporary
housing to the displaced individual must
be located in an Ohio county designated
for Individual Assistance by FEMA as a
result of the severe storms and flooding
from the remnants of Hurricane Frances
or Hurricane Ivan.
(2) Approval of Ohio Housing Finance
Agency
The project owner must obtain approval
from the Ohio Housing Finance Agency to
obtain the relief described in this notice.
The Ohio Housing Finance Agency will
determine the appropriate period of tempo-
rary housing for each project, not to extend
beyond September 30, 2005.
(3) Certifications and Recordkeeping
To comply with the requirements of
§ 1.42–5, project owners are required to
maintain and certify certain information
concerning each displaced individual tem-
porarily housed in the project, specifically:
name, address of damaged home, social
security number, and a statement signed
under penalties of perjury by the displaced
individual that, because of damage to
the individual’s home in an Ohio county
designated for Individual Assistance by
FEMA as a result of the severe storms and
flooding, the individual requires tempo-
rary housing. The owner must also certify
the date the individual began temporary
occupancy and the date the project will
discontinue providing temporary hous-
ing as established by the Ohio Housing
Finance Agency. The certifications and
recordkeeping for displaced individuals
must be maintained as part of the annual
compliance monitoring process with the
Ohio Housing Finance Agency.
(4) Rent Restrictions
Rent for the low-income units housing
displaced individuals must not exceed the
existing rent-restricted rates for the low-
income units established under § 42(g)(2).
(5) Protection of Existing Tenants
Existing tenants inoccupied low-in-
come units cannot be evicted or have their
tenancy terminated as a result of efforts to
provide temporary housing for displaced
individuals.
EFFECTIVE DATE
This notice is effective September 19,
2004 (the date of the President’s major dis-
aster declaration in Ohio as a result of the
severe storms and flooding).
PAPERWORK REDUCTION ACT
The collection of information contained
in this notice has been reviewed and ap-
proved by the Office of Management and
Budget (OMB) in accordance with the Pa-
perwork Reduction Act (44 U.S.C. 3507)
under control number 1545–1907.
An agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless the
collection of information displays a valid
OMB control number.
The collection of information in this
notice is in the section titled “REQUIRE-
MENTS FOR SUSPENSION OF IN-
COME LIMITATIONS,” under “(3) Cer-
tifications and Recordkeeping.” This in-
formation is required to enable the Service
and the Ohio Housing Finance Agency to
verify that the individuals obtaining tem-
porary housing in approved low-income
housing projects are displaced from their
homes in an Ohio county designated for
Individual Assistance by FEMA as a result
of the severe storms and flooding.
This information will be used in the
Ohio Housing Finance Agency’s compli-
ance monitoring process. The collection
of information is required to obtain a bene-
fit. The likely respondents are individuals,
businesses, and nonprofit institutions.
The estimated total annual recordkeep-
ing burden is 63 hours.
The estimated annual burden per
recordkeeper is approximately 15 minutes.
The estimated number of recordkeepers is
250.
Books or records relating to a collection
of information must be retained as long
as their contents may become material to
the administration of the internal revenue
law. Generally, tax returns and tax return
information are confidential, as required
by 26 U.S.C. 6103.
DRAFTING INFORMATION
The principal author of this notice is
Jack Malgeri of the Office of the Associate
Chief Counsel (Passthroughs and Special
Industries). For further information re-
garding this notice, contact Mr. Malgeri at
(202) 622–3040 (not a toll-free call).
2004–48 I.R.B.877November 29, 2004

Relief From Certain
Low-Income Housing Credit
Requirements in the State
of Florida Due to Hurricanes
Charley, Frances, Ivan, and
Jeanne
Notice 2004–76
The Internal Revenue Service is sus-
pending certain income limitation require-
ments under § 42 of the Internal Rev-
enue Code for certainlow-income housing
credit properties in Florida as a result of the
devastation caused by Hurricanes Charley,
Frances, Ivan, and Jeanne. This relief is
being granted pursuant to the Service’s au-
thority under § 42(n) and § 1.42–13(a) of
the Income Tax Regulations. This notice
amplifies and supersedes Notice 2004–66,
2004–42 I.R.B. 677.
BACKGROUND
On August 13, 2004, September 4,
2004, September 16, 2004, and Septem-
ber 26, 2004, respectively, the President
declared major disasters for the State of
Florida as a result of Hurricanes Charley,
Frances, Ivan, and Jeanne. These dec-
larations were made under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act, Title 42 U.S.C. 5121–5206
(2000 & Supp. I 2001). Subsequently, the
Federal Emergency Management Agency
(FEMA) designated counties for Individ-
ual Assistance.
On September 16, 2004, the Service is-
sued Notice 2004–66, which, because of
the widespread damage to housing caused
by Hurricanes Charley and Frances, tem-
porarily suspended certain income limita-
tion requirements under § 42 for qualified
low-income housing projects in the State
of Florida.
The State of Florida has requested that
the Service extend the relief granted in
Notice 2004–66 (applying to Hurricanes
Charley and Frances) to allow owners
of low-income housingcredit projects in
the State of Florida to provide temporary
housing in vacant units to individuals
displaced because their homes were de-
stroyed or damaged as a result of the
devastation caused by Hurricane Ivan or
Jeanne.
SUSPENSION OF INCOME
LIMITATIONS
Because of the widespread damage to
housing caused by Hurricanes Charley,
Frances, Ivan, and Jeanne, the Service
has determined that it is appropriate to
temporarily suspend certain income lim-
itation requirements under § 42 for qual-
ified low-income housing projects in the
State of Florida that are beyond the first
year of the credit period under § 42(f)(1).
The suspension will apply to low-income
housing projects, approved by the Florida
Housing Finance Corporation, in which
vacant units are rented to individuals dis-
placed by Hurricane Charley, Frances,
Ivan, or Jeanne (displaced individuals).
The Florida Housing Finance Corporation
will determine the appropriate period of
temporary housing for each project, not to
extend beyond September 30, 2005.
During the temporary housing period
established by the Florida Housing Fi-
nance Corporation, the status of a vacant
unit (that is, market rate or low-income for
purposes of § 42) that becomes temporar-
ily occupied by a displaced individual
remains the same as the unit’s status be-
fore the displaced individual moves in.
Displaced individuals temporarily occu-
pying vacant units will not be treated as
low-income tenants under § 42(i)(3)(A)(ii)
(a low-income unit that was vacant before
theeffectivedateofthisnoticewillcon-
tinue to be treated as a vacant low-income
unit even if it houses a displaced individ-
ual and a market rate unit that was vacant
before the effective date of this notice will
continue to be treated as a vacant market
rate unit even if it houses a displaced in-
dividual). Thus, the fact that a vacant unit
becomes occupied by a displaced individ-
ual will not affect the building’s applicable
fraction under § 42(c)(1)(B) for purposes
of determining the building’s qualified
basis, nor will it affect the 20–50 test or
40–60 test of § 42(g)(1). If the income
of occupants in low-income units exceeds
140 percent of the applicable income lim-
itation, the temporary occupancy of a unit
by a displaced individual will not cause
application of the available unit rule under
§ 42(g)(2)(D)(ii). In addition, the project
owner is not required during the temporary
housing period to make attempts to rent to
low-income individuals the low-income
units housing displaced individuals. All
other rules and requirements of § 42 will
continue to apply.
At the end of the temporary housing pe-
riod established by the Florida Housing Fi-
nance Corporation, the applicable income
limitations contained in § 42(g)(1), the
available unit rule under § 42(g)(2)(D)(ii),
and the requirement to make reasonable
attempts to rent vacant units to low-in-
come individuals resume.
The suspension of income limitations is
subject to the requirements listed below.
REQUIREMENTS FOR SUSPENSION
OF INCOME LIMITATIONS
To qualify for the suspension of income
limitations, the project owner must meet
all of the following requirements:
(1) Major Disaster Area
The displaced individual must have
resided in a Florida county designated for
Individual Assistance by FEMA as a re-
sult of Hurricane Charley, Frances, Ivan,
or Jeanne.
(2) Approval of Florida Housing Finance
Corporation
The project owner must obtain approval
from the Florida Housing Finance Corpo-
rationtoobtainthereliefdescribedinthis
notice. The Florida Housing Finance Cor-
poration will determine the appropriate pe-
riod of temporary housing for each project,
not to extend beyond September 30, 2005.
(3) Certificationsand Recordkeeping
To comply with the requirements of
§ 1.42–5, project owners are required to
maintain and certify certain information
concerning each displaced individual tem-
porarily housed in the project, specifically:
name, address of damaged home, social
security number, and a statement signed
under penalties of perjury by the displaced
individual that, because of damage to the
individual’s home in a Florida county
designated for Individual Assistance by
FEMA as a result of Hurricane Charley,
Frances, Ivan, or Jeanne, the individual
requires temporary housing. The owner
must also certify the date the individual
began temporary occupancy and the date
the project will discontinue providing
temporary housing as established by the
Florida Housing Finance Corporation.
November 29, 20048782004–48 I.R.B.

The certifications and recordkeeping for
displaced individuals must be maintained
as part of the annual compliance moni-
toring process with the Florida Housing
Finance Corporation.
(4) Rent Restrictions
Rent for the low-income units housing
displaced individuals must not exceed the
existing rent-restricted rates for the low-
income units established under § 42(g)(2).
(5) Protection of Existing Tenants
Existing tenants in occupied low-in-
come units cannot be evicted or have their
tenancy terminated as a result of efforts to
provide temporary housing for displaced
individuals.
EFFECTIVE DATE
This notice is effective August 13, 2004
(the date of the President’s major disas-
ter declaration as a result of Hurricane
Charley).
EFFECT ON OTHER DOCUMENTS
Notice 2004–66 is amplified and super-
seded.
PAPERWORK REDUCTION ACT
The collection of information contained
in this notice has been reviewed and ap-
proved by the Office of Management and
Budget (OMB) in accordance with the Pa-
perwork Reduction Act (44 U.S.C. 3507)
under control number 1545–1907.
An agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless the
collection of information displays a valid
OMB control number.
The collection of information in this
notice is in the section titled “REQUIRE-
MENTS FOR SUSPENSION OF IN-
COME LIMITATIONS,” under “(3) Cer-
tifications and Recordkeeping.” This in-
formation is required to enable the Service
and the Florida Housing Finance Corpo-
ration to verify that individuals obtaining
temporary housing in approved low-in-
come housing projects are displaced from
their homes in a Florida county designated
for Individual Assistance by FEMA as a
result of Hurricane Charley, Frances, Ivan,
or Jeanne.
This information will be used in the
Florida Housing Finance Corporation’s
compliance monitoring processes. The
collection of information is required to
obtain a benefit. The likely respondents
are individuals, businesses, and nonprofit
institutions.
The estimated total annual recordkeep-
ing burden is 1,700 hours.
The estimated annual burden per
recordkeeper is approximately 15 minutes.
The estimated number of recordkeepers is
6,800.
Books or records relating to a collection
of information must be retained as long
as their contents may become material to
the administration of the internal revenue
law. Generally, tax returns and tax return
information are confidential, as required
by 26 U.S.C. 6103.
DRAFTING INFORMATION
The principal author of this notice is
Jack Malgeri of the Office of the Associate
Chief Counsel (Passthroughs and Special
Industries). For further information re-
garding this notice, contact Mr. Malgeri at
(202) 622–3040 (not a toll-free call).
Distributions Under the
Pension Funding Equity Act of
2004
Notice 2004–78
This notice provides guidance regard-
ing the actuarial assumptions that must be
used for distributions with annuity start-
ing dates occurring during plan years be-
ginning in 2004 and 2005, to determine
whether an amount payable under a de-
fined benefit plan in a form that is sub-
ject to the minimum present value require-
ments of § 417(e)(3) of the Internal Rev-
enue Code (“Code”) satisfies the require-
ments of § 415. This guidance reflects the
change to the required interest rate rule of
§ 415(b)(2)(E)(ii) that was made by sec-
tion 101(b)(4) of the Pension Funding Eq-
uity Act of 2004, Pub. L. 108–218 (“PFEA
’04”), the anti-cutbackrelief provided un-
der section 101(c) of PFEA ’04, and the
transition rule of section 101(d)(3).
Background
Section 415(b) of the Code pro-
vides limitations on the annual benefit
under a defined benefit plan. Under
§ 415(b)(2)(B), if the benefit under the
plan is payable in any form other than a
straight life annuity, the determination as
to whether the limitations of § 415(b) have
been satisfied shall be made by adjusting
such benefit so that it is equivalent to a
straight life annuity.
Section 415(b)(2)(E) provides limita-
tions on the actuarial assumptions that
must be used to adjust a benefit payable
in a form other than a straight life annuity
to determine the annual benefit for this
purpose. Prior to its amendment by PFEA
’04, § 415(b)(2)(E)(ii) provided that, for
purposes of adjusting any benefit payable
in a form that is subject to the minimum
present value requirements of § 417(e)(3),
the interest rate assumption must not be
less than the greater of the applicable in-
terest rate (as defined in § 417(e)(3)) or
the rate specified in the plan. Section
415(b)(2)(E)(v) also prescribes a specific
mortality table to be used for this purpose.
Rev. Rul. 98–1, 1998–1 C.B. 249,
Q&A 8 provides that the actuarially equiv-
alent straight life annuity for a benefit that
is paid in a form that is subject to the
minimum present value requirements of
§ 417(e)(3) is the greater of (1) the actuar-
ially equivalent straight life annuity com-
puted using the plan rate and plan mortal-
ity table or plan tabular factor specified in
the plan for actuarial equivalence for the
particular form of benefit payable and (2)
the actuarially equivalent straight life an-
nuity computed using the applicable inter-
est rate and the applicable mortality table
under § 417(e)(3).
Section 101(b)(4) of PFEA ’04
amended § 415(b)(2)(E)(ii) of the Code to
provide that, for purposes of adjusting any
benefit payable in a form that is subject to
the minimum present value requirements
of § 417(e)(3), the interest rate assump-
tion must not be less than the greater of
the applicable interest rate (as defined in
§ 417(e)(3)) or the rate specified in the
plan, except that in the case of plan years
beginning in 2004 or 2005, 5.5% is used
in lieu of the applicable interest rate.
Section 101(c)(1) of PFEA ’04 provides
that a plan that is amended pursuant to any
change made by section 101 shall not fail
2004–48 I.R.B.879November 29, 2004

to meet the requirements of § 411(d)(6) of
the Code and section 204(g) of the Em-
ployee Retirement Income Security Act of
1974 (“ERISA”), provided that the plan is
amended on or before the last day of the
first plan year beginning on or after Jan-
uary 1, 2006, and the plan is operated as
though the amendment were in effect dur-
ing the period beginning on the date the
amendment is effective.
Section 101(d)(3) of PFEA ’04 pro-
vides that, in the case of any participant or
beneficiary receiving a distribution after
December 31, 2003, and before January 1,
2005, the amount payable under any form
of benefit subject to § 417(e)(3) of the
Code and subject to any adjustment under
§ 415(b)(2)(B) shall not, solely by reason
of the change to § 415(b)(2)(E)(ii) made
by section 101(b)(4) of PFEA ’04, be less
than the amount that would have been so
payable had the amount payable been de-
termined using the applicable interest rate
in effect on the last day of the last plan
year beginning before January 1, 2004.
Questions and Answers
Q–1. What is the effect of section
101(b)(4) of PFEA ’04?
A–1 Under the changes to § 415(b)(2)
of the Code made by section 101(b)(4) of
PFEA ’04, if a defined benefit plan pro-
vides a benefit in a form that is subject to
the minimum present value requirements
of § 417(e)(3) of the Code in a plan year
beginning in 2004 or 2005, the actuarially
equivalent straight life annuity (that is used
for demonstrating compliance with § 415)
is the greater of the straight life annuity
determined using the plan rate and plan
mortality table and the straight life annu-
ity determined using 5.5% and the appli-
cable mortality table. Thus, for example,
where a plan’s interest rate is 5%, the ap-
plicable interest rate under § 417(e)(3) is
5.25%, and where the plan uses the appli-
cable mortality tablefor determining ac-
tuarial equivalence, the effect of section
101(b)(4) of PFEA ’04 would be to re-
quire the conversion of a single-sum distri-
bution paid during the plan year beginning
in 2004 to an equivalent straight life annu-
ity using 5.5% rather than the applicable
interest rate of 5.25% as under prior law.
In such a case, to satisfy the limitations
of § 415 of the Code, the maximum sin-
gle-sum distribution for a participant who
is age 65 in 2004 would be $1,866,645
calculated using 5.5% as required by sec-
tion 101(b)(4) of PFEA ’04 rather than
$1,905,638 calculated using 5.25% as re-
quired under prior law. However, higher
distributions may be permitted in certain
situations during 2004 pursuant to the tran-
sition rule of section 101(d)(3). See Q&A
4.
Q–2. What is the effective date of the
changes made to § 415 of the Code by
PFEA ’04?
A–2. The changes to § 415 of the
Code made by PFEA ’04 are effective for
plan years beginning on or after January 1,
2004. However, the changes do not apply
to plans that terminated prior to April 10,
2004, the date of enactment of PFEA ’04.
Q–3. What is the effect of the transi-
tion rule prescribed in section 101(d)(3) of
PFEA ’04?
A–3. The transition rule of section
101(d)(3) of PFEA ’04 sets out a transi-
tion period during which a plan is permit-
ted to pay a benefit subject to § 417(e)(3)
of the Code in an amount that would be
higher than what is otherwise permitted
under § 415 as amended by PFEA ’04.
This higher amount is the lesser of the tran-
sition amount as calculated in Q&A–4 and
the benefit calculated under the terms of
the plan reflecting the limitations of § 415
disregarding the enactment of PFEA ’04.
Q–4. How is the transition amount cal-
culated?
A–4. The transition amount is the oth-
erwise determined benefit that when con-
verted to an actuarially equivalent straight
life annuity determined using the plan rate
and the plan mortality table is within the
limitations of § 415 of the Code and when
converted to an actuarially equivalent
straight life annuity determined using the
transition rate and the applicable mortality
table is within the limitations of § 415. For
this purpose, the transition rate is the ap-
plicable interest rate determined under the
plan terms that are adopted and in effect on
the last day of the last plan year beginning
before January 1, 2004. In the example
in Q&A–1, if the transition rate is 5.25%,
when a plan provides a single-sum dis-
tribution, then the effect of the transition
rule of § 101(d)(3) of PFEA ’04 would be
to allow the conversion of the single sum
distribution to an equivalent straight life
annuity using the transition rate of 5.25%
(the greater of the transition rate and the
plan rate) rather than 5.5% which was
required under § 101(b)(4) of PFEA ’04.
In such a case, the maximum single-sum
distribution for a participant who is age 65
in 2004 would be $1,905,638.
Q–5. What is the period during which
the transition rule of section 101(d)(3) of
PFEA ’04 applies (transition period)?
A–5. The transition period begins on
the first day of the first plan year beginning
on or after January 1, 2004. The transition
period ends on December 31, 2004. Thus,
the transition rule of section 101(d)(3) of
PFEA ’04 applies to a distribution if the
distribution has an annuity starting date
that is on or after the first day of the first
plan year beginning in 2004, but only if the
annuity starting date is before December
31, 2004.
Q–6. Which plan amendments relat-
ing to sections 101(b)(4) and 101(d)(3) of
PFEA ’04 are treated as not violating the
requirements of § 411(d)(6) of the Code
and section 204(g) of ERISA pursuant to
section 101(c) of PFEA ’04?
A–6. Under section 101(c)(1) of PFEA
’04, a plan that is amended pursuant to any
change made by section 101 does not fail
to meet the requirements of § 411(d)(6)
oftheCodeandsection204(g)ofERISA,
provided that the plan is amended on or be-
fore the last day of the first plan year begin-
ning on or after January 1, 2006, and the
plan is operated as though the amendment
were in effect during the period beginning
on the date the amendment is effective.
With respect to plan amendments imple-
menting the change to § 415 of the Code
under section 101(b)(4) of PFEA ’04 or the
transition rule under section 101(d)(3) of
PFEA ’04, this relief applies to:
1. Plan amendments that implement the
change to § 415 of the Code under
section 101(b)(4) of PFEA ’04 and the
transition rule of section 101(d)(3) of
PFEA ’04 pursuant to the guidance set
forth this notice;
2. Plan amendments that implement the
change to § 415 of the Code under
section 101(b)(4) of PFEA ’04 but do
not implement the transition rule of
section 101(d)(3) of PFEA ’04; and
3. Plan amendments that implement the
change to § 415 of the Code under sec-
tion 101(b)(4) of PFEA ’04 and the
November 29, 20048802004–48 I.R.B.

transition rule of section 101(d)(3) of
PFEA ’04 pursuant to a reasonable in-
terpretation of that transition rule that
is different than the guidance set forth
in Q&A–3 through Q&A–5 but that
results in a lower distribution amount
than the amount that would have been
distributed under that guidance.
Drafting Information
The principal authors of this notice are
Kathleen J. Herrmann of the Employee
Plans, Tax Exempt and Government Enti-
ties Division and Linda S. F. Marshall of
the Office of the Division Counsel/Asso-
ciate Chief Counsel (Tax Exempt and Gov-
ernment Entities). Ms. Herrmann may be
reached at 202–283–9635(not a toll-free
number).
2004–48 I.R.B.881November 29, 2004

Part IV. Items of General Interest
Request for Applications to
Participate in the 2005 IRS
Individuale-filePartnership
Program
Announcement 2004–93
The Stakeholder Partnerships, Educa-
tion and Communication (SPEC) function
within the Internal Revenue Service (IRS)
is continuing its efforts to establish IRS
e-filepartnerships with various entities.
The IRS is seeking non-monetarye-file
partnerships forFiling Season 2005.No
applications for funding (monetary com-
pensation) will be considered. A com-
mercial business, non-profit organization,
state government or local government
may submit applications. Applications are
not solicited from other Federal govern-
ment agencies. The program is an annual
program and covers the periodJanuary
2005, through October 15, 2005.All
prior year partners must reapply for
Filing Season 2005.
BACKGROUND
The IRS Restructuring and Reform Act
of 1998 (RRA 98) requires the IRS to re-
ceive 80 percent of all returns electron-
ically by 2007. RRA 98 authorized the
IRS Commissioner to promote the bene-
fits of and encourage the use ofe-fileser-
vices. As a result of RRA 98, the IRS en-
ters into non-monetary partnerships with
businesses to offer low cost income tax
preparation and electronic filing for quali-
fied taxpayers.
Continued opportunities for growth in
electronic tax administration are evident.
For Filing Season 2004, the IRS received
61.5 million electronically filed returns, an
increase of 16.17% over the previous year.
Visit the IRS web site,http://www.irs.gov,
for the most current results from market re-
search on individualtaxpayers, including
demographic data and psychographic stud-
ies. This research includes attitudinal sur-
veys, customer satisfaction surveys, Public
Service communications, tracking studies
and any focus group results.
The IRS accepts most forms and sched-
ules for electronic filing. Visit the IRS
web site for a completelisting of accepted
forms and schedules.
FILING SEASON 2005
For Filing Season 2005, the IRS will
focus on the 1040 series income tax re-
turns covering “IRSe-fileUsingaTaxPre-
parer” and “IRSe-fileUsing a Personal
Computer.” Additional emphasis is being
placed on the following features: “Self-Se-
lect Personal Identification Number (PIN)
fore-file”, “Usinge-filefor Federal/State
Returns”, and “Electronic Payment Op-
tions” for balance due and estimated pay-
ment options.
A major area of emphasis is to reach
those taxpayers who continue to file com-
puter prepared paper returns (v-code). Re-
search indicates that the number of v-code
returns continues to increase (76% of all
v-code returns are prepared by paid pre-
parers). Emphasis should be placed on
converting v-code filers to electronically
file their returns through the marketing and
promotion of the benefits ofe-file.
Participants shouldalso reach first-time
filers and those individuals eligible for the
Earned Income Tax Credit (EITC). It’s im-
portant to note that many of the military
families may also qualify for EITC since
supplemental payments and combat pay
are exempt from the income calculations.
Participants are encouraged to focus
on reducing the number of errors made
on electronically filed returns, including
those returns claiming EITC. A new elec-
tronic tool has been established to help
tax professionals determine whether their
clients are eligible for EITC. The new
“EITC Assistant” is a step taken by the
IRS to maximize taxpayer participation,
minimize EITC errors while increasing
compliance. The “EITC Assistant” will
make its debut for Filing Season 2005,
and it will be prominently displayed on
the IRS Homepage athttp://www.irs.gov.
The IRS expects all accepted partners
to aggressively market, promote and offer
e-fileproducts and services through Oc-
tober 15, 2005. The IRS will supply the
partners with the Filing Season and post-
April 15the-filecampaign message(s), as
they become available, to target additional
qualified taxpayers,i.e., extensions, mili-
tary returns, etc. For additional informa-
tion on the variouse-fileprograms, fea-
tures, and market research, visit our web
site athttp://www.irs.gov.
Participants willreceive hyperlinks
from the IRS web site — irs.gov (Partners
Page) — to the Participant’s web site. Po-
tential Participants may request links for
the following categories:
•IRSe-filePartners for Taxpayers
•IRSe-filePartners for Tax Profession-
als
•IRSe-filePartners for Financial Insti-
tutions/Employers
•IRSe-filePartners for Credit Card Pay-
ment Options.
PARTICIPATION STANDARDS &
REQUIREMENTS
Participants will abide to the following
standards and requirements, if applicable:
•The Participant (Electronic Return
Originator, Intermediate Service
Provider, Software Developer, and
Transmitter) must be in good standing
with the IRS, comply with thee-filere-
quirements stated in the IRS Revenue
Procedure 2000–31, Publications 1345
and 1345A, 26 U.S.C. 7216, U.S.C.
6103, and pass the annual Suitability
and Participants Acceptance Testing
(PATS) conducted by the IRS.
•The Participant will offer their prod-
ucts and services to filers of the 1040
Series returns, including complex
returns, balance due returns, Fed-
eral/State returns, and 1040EZ returns.
•The Participant willtarget EITC eligi-
bles, first-time filers and v-coders.
•The Participant will focus on reduc-
ing the number of errors on electroni-
cally prepared returns, including those
returns claiming EITC.
•The Participant will offer a variety of
e-filefeatures including the Self-Se-
lect PIN, Electronic Payment Options,
Federal/Statee-file, Direct Deposit of
Refunds, etc.
•The Participant will aggressively mar-
ket, promote and offere-fileservices
November 29, 20048822004–48 I.R.B.

through October 15, 2005. The Partic-
ipant is encouraged to use the current
Filing Seasone-filemarketing key
messages developed by the IRS. In ad-
dition, the Participant is encouraged to
use the post-April 15the-filecampaign
messages and other promotional tools,
as they become available, to target
qualified taxpayers (i.e., extensions,
military returns, etc.).
•Only one version of each software
program will be permitted.Identical
or similar programs will be rejected.
The first version of software proposed
in time by a company meeting the other
requirements of this application will
be the version permitted. Licensing
of software is permitted as follows: a
company that meets all other qualifi-
cations for participation is permitted to
obtain its software through a license
rather than to self-produce the soft-
ware. However, the licensed software
cannot be utilized by the licensor or an-
other licensee.
•The Participant will be permitted
onlyone (1)hyperlink on the IRS
e-filePartners Page per category:
•IRSe-filePartners for Taxpayer
•IRSe-filePartners for Tax Profes-
sionals
•IRSe-filePartners for Financial In-
stitutions/Employers
•IRSe-filePartners for Electronic
Payment Options.
•The Participant will provide the IRS
with a description (not to exceed 350
characters including spaces) for each
hyperlink placed on the IRSe-filePart-
ners Page. The hyperlink description
may describe multiple offers/services.
•The Participant will not have a URL(s)
containing the word “IRS.”
•The Participant will be required to sup-
ply the IRS with a link to their web site
in their application orno less than ten
(10) business daysbefore the site is
expected to go live (start date of elec-
tronic filing). All sites must be exam-
ined before they can be posted on the
IRSe-filePartners Page. The purpose
of the review is to ensure each Partici-
pant’s web site complies with the stan-
dards and requirements set forth in this
document.
•The Participant will adhere to industry
best practices to ensure the taxpayer re-
turn information entrusted to them is
secure and the privacy of such infor-
mation is maintained. In any instance
where a Participant contracts with a
service provider to obtain technology
services, it will adhere to this standard.
To the extent multiple Participants rely
on a single service provider for front
or back office services (not ISP ser-
vices), it is even more critical that such
taxpayer security and privacy be main-
tained with respect to others who share
these services.
•A Participant’s web site must be func-
tionally adequate and consistent with
the Participant’s offer in permitting a
taxpayer to complete their return. Fail-
ure to comply could result in the Par-
ticipant’s removal from the Partners
Page.
•The Participant will place the IRS
e-filelogo on its web site. Thee-file
logo and guidelines can be down-
loaded fromhttp://www.irs.gov.
•The Participant will have a link(s) to
the IRS web site,http://www.irs.gov,
from its web site.
•The Participant will be required to
prove and display third-party certi-
fications for the privacy/security/au-
thenticity of its online service. The
Participant’s web site should display
the third-party certification and pri-
vacy seals. Examples of third-party
certifications are those received from
VeriSign, Thawte, Truste, etc.
•The Participant’s web site will not con-
tain inappropriate content. Further, the
Participantwillensurethatallonline
advertising and hyperlinks posted on
its web site neither promote nor link to
inappropriate content.
•The Participant will clearly disclose its
customer service support options (in-
cluding associated fees, if any) and
privacy policy on the landing page of
its web site. Participants must pro-
vide taxpayers with a business con-
tact point by on-line form, email, mail,
facsimile or telephone number which
the Participant maintains and reviews.
The Participant must provide taxpay-
ers a method to obtain the status of
their tax return. Taxpayers can be di-
rected to“Where’s My Tax Refund?”
located on the Homepage of irs.gov
(http://www.irs.gov).
•The Participant will prominently dis-
play on the landing page of its web
site the promotion of income tax prepa-
ration and electronic filing for EITC
eligibles, low-income taxpayers, and
first-time filers. Participants are en-
couraged to offer a monetary incentive
(reduced return preparation and elec-
tronic filing costs) to attract these tax-
payers.
•The Participant will disclose limita-
tions in the forms and schedules that
are likely to be needed to support their
offerings. The Participant should dis-
play a listing of the forms and sched-
ules that will be offered either from
the Participant’s landing page or the
Participant must have a clear link from
the landing page that takes the user to
a forms and schedules listing.
•The Participant will clearly disclose on
its web site the States that their soft-
ware supports. This disclosure can ap-
pear on the Participant’s landing page
of its web site or the Participant must
have a clear link from the landing page
which will take the user to a listing of
States.
•The Participant is permitted to of-
fer commercial products and services
consistent with obtaining the positive
consent of the user as described in 26
U.S.C. 7616 before offering fee-based
products and services not related to tax
preparation.
•The Participant will include a feature
in their tax preparation software that
will “time out” the session after no
changes are made for a period of time
consistent with best practices approved
by privacy seal certification programs.
2004–48 I.R.B.883November 29, 2004

•The Participant, upon learning of an in-
appropriate disclosure of a taxpayer’s
return information to a member of the
public, such as another taxpayer or
other unauthorized party in the course
of providinge-fileservices as a result
of their hyperlink on the IRSe-file
Partners Page, will immediately notify
the IRS of this disclosure and then shut
down its program immediately.
•The Participant will submit written
notification (e.g., email) to the IRS
of changes, additions and deletions to
URLs, link descriptions, etc.
•The Participant will submit Perfor-
mance Reports to the IRS Point of
Contact byMay 31, 2005,covering
Filing Season activity, and byNovem-
ber 15, 2005, covering post Filing
Season activity. The reports will cover
information such ase-filestatistics (in-
cluding the number of EITC returns),
web site activity and anything else the
IRS deems necessary. The IRS Point
of Contact will provide written report-
ing instructions and requirements to
accepted Participants.
PERFORMANCE STANDARDS
•The IRS will have the accepted Par-
ticipant’s hyperlink(s) available on the
IRS web site for the start of electronic
filing, subject to the participant’s pass-
ing of the annual Suitability, PATS test-
ing, and web site review. Hyperlinks
will remain on the IRSe-filePartners
Page throughOctober 15, 2005, or
later, at the discretion of the IRS.
•The IRS will randomize on a daily ba-
sis the hyperlinks that exist on the IRS
e-filePartners Page.
•The IRS may establish a link from the
IRSe-filePartners Page to the Free File
web page.
•The IRS will accept, if appropriate,
the Participant’s written request for
changes/additions/deletions to a URL,
link description, etc.
•The IRS will review the Participant’s
web site(s) at any time to ensure that
participation requirements are met.
•The IRS will not endorse specific of-
ferings or products, but will promote
the IRSe-filePartners Page. A “Site
Disclaimer” will exist on the IRS web
site before the user enters the Partici-
pant’s web site.
PARTICIPATION TERMS
The IRS Individuale-filePartnership
Program is an annual program, and all
prospective Participants, including return-
ing Participants, must reapply each year
following the guidelines in the Internal
Revenue Bulletin announcement adver-
tised onhttp://www.irs.gov.
•If the IRS determines that the Partici-
pant is not meeting the “Participation
Standards & Requirements,” the IRS
may terminate its partnership with the
Participant and remove the partici-
pant’s hyperlink(s) from the IRSe-file
Partners Page.
•The Participant will notify the IRS im-
mediately if it wishes to terminate its
partnership with the IRS. The notifica-
tion should be submitted through email
to the IRS Point of Contact or sent
to the Point of Contact’s address in-
dicated below in “IRS Point of Con-
tact/Application Submission.”
APPLICATION PROCESS
Applications should contain the follow-
ing information,if applicable:
•Include the Applicant’s Point of Con-
tact information (name, title, address,
telephone number, fax number and
email address) for discussion of your
application.
•Identify the Applicant’s secure web
site.
•Identify the Applicant’s tax prepara-
tion software and the States it will sup-
port.
•Identify the IRS forms and schedules
that support your offering(s).
•Include the Applicant’s Electronic
Filer Identification Number(s) (EFIN)
and/or Electronic Transmitter Identifi-
cation Number (ETIN).
•Identify the Applicant’s hyperlink(s)
and provide a short description(not
to exceed 350 characters including
spaces)of the services and products
to be promoted on the IRSe-filePart-
ners Page. In addition, the Applicant
should provide the associated URL(s).
The URL(s) cannot contain the word
“IRS.”Indicate the category for each
hyperlink:
•IRSe-filePartners for Taxpayers
•IRSe-filePartners for Tax Profes-
sionals
•IRSe-filePartners for Financial In-
stitutions/Employers
•IRSe-filePartners for Electronic
Payment Options.
•Identify the Applicant’s third party
administrators (i.e., VeriSign, Thawte,
Truste) that certify the privacy and
security of its online service.
•Identify the Applicant’s communica-
tion vehicle(s) (i.e., web site, market-
ing/promotional products, etc.) to mar-
ket and promote your products and ser-
vices and IRSe-file. Describe the in-
centives, discounts, offers, benefits to
taxpayers or other specific approaches
to increasee-filevolumes.
•Describe steps the Applicant will take
to reach EITC and first-time filers.
This can include marketing/promo-
tional efforts, monetary incentives
(reduced return preparation and elec-
tronic filing costs).
•Describe steps the Applicant will take
to reduce errors on electronically filed
returns, including those returns claim-
ing EITC.
•Certify the Applicant’s compliance
with the privacy and disclosure provi-
sions of 26 U.S.C. 7216 and 26 U.S.C.
6103.
IRS POINT OF
CONTACT/APPLICATION
SUBMISSION
Applications to participate in the
IRS Individuale-filePartnership
November 29, 20048842004–48 I.R.B.

Program should be submitted as a
Word document through email at
*WIe-filepartners@irs.gov(Please make
sure there is an asterisk before the WI
(Wage and Investment) when submitting
an application.) An application may also
be sent to Karen Bradley at the following
address:
Internal Revenue Service
5000 Ellin Road
Lanham, MD 20706
Attention: Karen Bradley
SE:W:CAR:SPEC:FO:IMS
C5–351
If you wish to have a hyperlink(s) on
the IRSe-filePartners Page for the start of
electronic filing, your application must be
submitted byDecember 10, 2004. If your
application is received after the deadline,
the IRS has a right not to accept the appli-
cation.
Illustrations of marketing materials
maybesubmittedinAdobeAcrobat
Portable Document (PDF) or other ap-
propriate files.
Any questions regarding the devel-
opment of applications, the submis-
sion of Performance Reports, or any
other type of contact for this program
should be directed toKaren Bradley
at (202) 283–7034or through email to
*WIe-filepartners@irs.gov. Please make
sure there is an asterisk (*) before the WI
(Wage and Investment) for any type of
email contact.
APPLICATION EVALUATION
All applications will be evaluated based
on the required information provided to
the IRS and the applicant’s ability to ful-
fill their responsibilities. Prior year perfor-
mance will also be considered when evalu-
ating applications fromreturning partners.
ACCEPTANCE/DENIAL OF
APPLICATION
If your application is accepted, you
will receive written notification from the
IRS. If your application is denied, you will
receive written notification from the IRS
with an explanation of the denial.
e-Help Desk
If you have any questions related to
e-products/electronic filing, you can
contact the e-Help Desk toll-free at
1–866–255–0654. The e-Help desk assis-
tors are ready to respond to non-account
related questions and issues. You can also
go tohttp://www.irs.govwhere the IRS
houses a variety of information which im-
pacts the tax professional.
Announcement of Disciplinary Actions Involving
Attorneys, Certified Public Accountants, Enrolled Agents,
and Enrolled Actuaries — Suspensions, Censures,
Disbarments, and Resignations
Announcement 2004-95
Under Title 31, Code of Federal Regu-
lations, Part 10, attorneys, certified public
accountants, enrolled agents, and enrolled
actuaries may not accept assistance from,
or assist, any person who is under disbar-
ment or suspension from practice before
the Internal Revenue Service if the assis-
tance relates to a matter constituting prac-
tice before the Internal Revenue Service
and may not knowingly aid or abet another
person to practice before the Internal Rev-
enue Service during a period of suspen-
sion, disbarment, or ineligibility of such
other person.
To enable attorneys, certified public
accountants, enrolled agents, and enrolled
actuaries to identify persons to whom
these restrictions apply, the Director, Of-
fice of Professional Responsibility, will
announce in the Internal Revenue Bulletin
their names, their city and state, their pro-
fessional designation, the effective date
of disciplinary action, and the period of
suspension. This announcement will ap-
pear in the weekly Bulletin at the earliest
practicable date after such action and will
continue to appear in the weekly Bulletins
for five successive weeks.
2004–48 I.R.B.885November 29, 2004

Consent Suspensions From Practice Before the Internal
Revenue Service
Under Title 31, Code of Federal Regu-
lations, Part 10, an attorney, certified pub-
lic accountant, enrolled agent, or enrolled
actuary, in order to avoid institution or con-
clusion of a proceeding for his or her dis-
barment or suspension from practice be-
fore the Internal Revenue Service, may of-
fer his or her consent to suspension from
such practice. The Director, Office of Pro-
fessional Responsibility, in his discretion,
may suspend an attorney, certified public
accountant, enrolled agent, or enrolled ac-
tuary in accordance with the consent of-
fered.
The following individuals have been
placed under consent suspension from
practice before the Internal Revenue Ser-
vice:
NameAddressDesignationDate of Suspension
Sanchez, Wayne L.Derby, KSAttorneyIndefinite
from
July 12, 2004
Gatti, John T.Orlando, FLEnrolled AgentIndefinite
from
July 16, 2004
Hall, Beverly J.Newberg, OREnrolled AgentIndefinite
from
July 26, 2004
Spencer, Robert E.Wilmington,NCEnrolled AgentIndefinite
from
August 11, 2004
Lebaron, Betty J.Mesa, AZEnrolled AgentIndefinite
from
August 17, 2004
Worrell, DouglasStreamwood, ILAttorneyIndefinite
from
August 23, 2004
Singleton, Stan R.Derby, KSAttorneyIndefinite
from
August 30, 2004
Halpern, BarbaraWeston, CTCPAIndefinite
from
September 15, 2004
Johnson, Jeanne M.Hoquiam, WAEnrolled AgentIndefinite
from
September 27, 2004
Fisher, RobertHolbrook, AZEnrolled AgentIndefinite
from
October 5, 2004
Valdez II, ArthurAlbuquerque, NMCPAIndefinite
from
October 19, 2004
November 29, 20048862004–48 I.R.B.

NameAddressDesignationDate of Suspension
Wilshire Jr., Raymond B.Fort Worth, TXEnrolled AgentIndefinite
from
December 1, 2004
Expedited Suspensions From Practice Before the Internal
Revenue Service
Under Title 31, Code of Federal Regu-
lations, Part 10, the Director, Office of Pro-
fessional Responsibility, is authorized to
immediately suspend from practice before
the Internal RevenueService any practi-
tioner who, within five years from the date
the expedited proceeding is instituted (1)
has had a license to practice as an attor-
ney, certified public accountant, or actuary
suspended or revoked for cause or (2) has
been convicted of certain crimes.
The following individuals have been
placed under suspension from practice be-
fore the Internal Revenue Service by virtue
of the expedited proceeding provisions:
NameAddressDesignationDate of Suspension
Daly, Thomas J.Elmsford, NYCPAIndefinite
from
August 20, 2004
Jewett, Jerry A.Fremont, OHAttorneyIndefinite
from
September 8, 2004
Kyllo, Harry N.Portland, ORCPAIndefinite
from
September 9, 2004
Pearl, David S.Reisterstown, MDAttorneyIndefinite
from
September 21, 2004
Graugnard, Paul E.Alexandria, LAAttorneyIndefinite
from
September 21, 2004
Thomas, Robert C.Natchitoches, LAAttorneyIndefinite
from
September 21, 2004
Culver Jr., Allan J.Bel Air, MDAttorneyIndefinite
from
September 21, 2004
Christovich, MichaelNew Orleans, LAAttorneyIndefinite
from
September 27, 2004
Turner, Haiden W.Farmers Branch, TXCPAIndefinite
from
September 27, 2004
Tuttle, HeidiUnionville, CTAttorneyIndefinite
from
September 27, 2004
2004–48 I.R.B.887November 29, 2004

NameAddressDesignationDate of Suspension
Oberhauser Jr., LouisWayzata, MNAttorneyIndefinite
from
September 27, 2004
Nelson, John A.Wilmar, MNAttorneyIndefinite
from
September 27, 2004
Judd Jr., John K.Taft, CACPAIndefinite
from
September 30, 2004
McGrady, Michael S.Hankins, NYAttorneyIndefinite
from
October 1, 2004
Wahl-Taylor, KimberlyCouncil Bluffs, IAAttorneyIndefinite
from
October 4, 2004
Haneberg III, Elmer C.W.Chicago, ILAttorneyIndefinite
from
October 6, 2004
McDonald, Michael G.Methuen, MAAttorneyIndefinite
from
October 6, 2004
Mason Jr., MauriceDracut,MAAttorneyIndefinite
from
October 6, 2004
Aaron, Stanley R.Baton Rouge, LAAttorneyIndefinite
from
October 6, 2004
McFarland, Sheila E.Chicago, ILAttorneyIndefinite
from
October 6, 2004
Deutchman, Murray L.Barnesville, MDAttorneyIndefinite
from
October 6, 2004
Wolfert, Marvin L.Foxboro, MAAttorneyIndefinite
from
October 6, 2004
Andricopoulos, MaureenChelmsford, MAAttorneyIndefinite
from
October 6, 2004
Ezuruike, MauriceAustin, TXAttorneyIndefinite
from
October 6, 2004
Jones, Thomas C.Dekalb, ILAttorneyIndefinite
from
October 6, 2004
November 29, 20048882004–48 I.R.B.

NameAddressDesignationDate of Suspension
Yopp, L. GregoryLouisville, KYAttorneyIndefinite
from
October 6, 2004
Waples, Alan N.Burlington, IAAttorneyIndefinite
from
October 6, 2004
Ghitelman, Gayle S.Brookline, MAAttorneyIndefinite
from
October 6, 2004
Bulas Jr., LuisHollywood, FLEnrolled AgentIndefinite
from
October 15, 2004
Earl, Thomas J.Moses Lake, WAAttorneyIndefinite
from
October 8, 2004
George, Gary R.Milwaukee, WIAttorneyIndefinite
from
October 8, 2004
Jordan, David M.San Antonio, TXAttorneyIndefinite
from
October 8, 2004
Young III, George G.Havertown, PAAttorneyIndefinite
from
October 8, 2004
Tanner, MartinSalt Lake City, UTAttorneyIndefinite
from
October 8, 2004
Jensen, GeorgCheyenne, WYAttorneyIndefinite
from
October 8, 2004
Slowiaczek, Peter A.Lakewood, WAAttorneyIndefinite
from
October 8, 2004
Fennell, David E.New Castle, WAAttorneyIndefinite
from
October 8, 2004
Gish, RobertBasin, WYAttorneyIndefinite
from
October 8, 2004
Ramirez, SilverioRoselle, NJAttorneyIndefinite
from
October 8, 2004
Flaherty, Patrick J.Traverse City, MICPAIndefinite
from
October 19, 2004
Vanden Berg, StevenMason City, IAAttorneyIndefinite
from
October 25, 2004
2004–48 I.R.B.889November 29, 2004

NameAddressDesignationDate of Suspension
Johnson, Jamis M.Salt Lake City, UTAttorneyIndefinite
from
October 25, 2004
Braskey, James F.Frostburg, MDAttorneyIndefinite
from
October 25, 2004
Mills, Laurence A.Wellesley, MAAttorneyIndefinite
from
October 26, 2004
Censure Issued by Consent
Under Title 31, Code of Federal Reg-
ulations, Part 10, in lieu of a proceeding
being instituted or continued, an attorney,
certified public accountant, enrolled agent,
or enrolled actuary, may offer his or her
consent to the issuance of a censure. Cen-
sure is a public reprimand.
The following individuals have con-
sented to the issuance of a Censure:
NameAddressDesignationDate of Censure
Dayandayan, Angel Y.Irvine, CAEnrolled AgentJuly 27, 2004
Summers, Todd W.Stockton, CAEnrolled AgentAugust 10, 2004
Barrett Sr., Jeffrey J.Catskill, NYCPAAugust 31, 2004
Davis, Charles W.San Francisco, CAEnrolled AgentSeptember 28, 2004
Giles, Benjamin M.Wichita, KSCPASeptember 30, 2004
Suspensions From Practice Before the Internal Revenue
Service After Notice and an Opportunity for a Proceeding
Under Title 31, Code of Federal Reg-
ulations, Part 10, after notice and an op-
portunity for a proceeding before an ad-
ministrative law judge, the following indi-
viduals have been placed under suspension
from practice before the Internal Revenue
Service:
NameAddressDesignationEffective Date
Lim, Edgar E.St. Louis, MOAttorneyAugust 2, 2004
to
July 31, 2007
November 29, 20048902004–48 I.R.B.

Resignations of Enrolled Agents
Under Title 31, Code of Federal Regu-
lations, Part 10, an enrolled agent, in or-
der to avoid the institution or conclusion
of a proceeding for his or her disbarment
or suspension from practice before the In-
ternal Revenue Service, may offer his or
her resignation as an enrolled agent. The
Director, Office of Professional Responsi-
bility, in his discretion, may accept the of-
fered resignation.
The Director, Office of Professional
Responsibility, has accepted offers of res-
ignation as an enrolled agent from the
following individuals:
NameAddressDate of Resignation
Gleason, Daniel J.Franklin, TNSeptember 30, 2004
Consent Disbarment From Practice Before the Internal
Revenue Service
Under Title 31, Code of Federal Regu-
lations, Part 10, an attorney, certified pub-
lic accountant, enrolled agent, or enrolled
actuary, in order to avoid institution or con-
clusion of a proceeding for his or her dis-
barment or suspension from practice be-
fore the Internal Revenue Service, may of-
fer his or her consent to disbarment from
such practice. The Director, Office of Pro-
fessional Responsibility, in his discretion,
may disbar an attorney, certified public ac-
countant, enrolled agent, or enrolled actu-
ary in accordance with the consent offered.
The following individuals have been
placed under consent disbarment from
practice before the Internal Revenue Ser-
vice:
NameAddressDesignationDate of Disbarment
Fort, Gala J.Las Vegas, NVCPAIndefinite
from
October 19, 2004
2004–48 I.R.B.891November 29, 2004

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 rul-
ings 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.
November 29, 2004i2004–48 I.R.B.

Numerical Finding List
1
Bulletins 2004–27 through 2004–48
Announcements:
2004-55, 2004-27 I.R.B.15
2004-56, 2004-28 I.R.B.41
2004-57, 2004-27 I.R.B.15
2004-58, 2004-29 I.R.B.66
2004-59, 2004-30 I.R.B.94
2004-60, 2004-29 I.R.B.43
2004-61, 2004-29 I.R.B.67
2004-62, 2004-30 I.R.B.103
2004-63, 2004-31 I.R.B.149
2004-64, 2004-35 I.R.B.402
2004-65, 2004-33 I.R.B.300
2004-66, 2004-35 I.R.B.402
2004-67, 2004-36 I.R.B.459
2004-68, 2004-38 I.R.B.508
2004-69, 2004-39 I.R.B.542
2004-70, 2004-39 I.R.B.543
2004-71, 2004-40 I.R.B.569
2004-72, 2004-41 I.R.B.650
2004-73, 2004-39 I.R.B.543
2004-74, 2004-40 I.R.B.579
2004-75, 2004-40 I.R.B.580
2004-76, 2004-40 I.R.B.588
2004-77, 2004-41 I.R.B.662
2004-78, 2004-40 I.R.B.592
2004-79, 2004-41 I.R.B.662
2004-80, 2004-41 I.R.B.663
2004-81, 2004-42 I.R.B.675
2004-82, 2004-45 I.R.B.834
2004-83, 2004-43 I.R.B.712
2004-84, 2004-43 I.R.B.712
2004-85, 2004-43 I.R.B.712
2004-86, 2004-46 I.R.B.842
2004-87, 2004-45 I.R.B.834
2004-88, 2004-44 I.R.B.779
2004-89, 2004-45 I.R.B.835
2004-90, 2004-45 I.R.B.835
2004-91, 2004-45 I.R.B.835
2004-92, 2004-45 I.R.B.835
2004-93, 2004-48 I.R.B.882
2004-94, 2004-46 I.R.B.842
2004-95, 2004-46 I.R.B.845
2004-96, 2004-47 I.R.B.872
Notices:
2004-41, 2004-28 I.R.B.31
2004-43, 2004-27 I.R.B.10
2004-44, 2004-28 I.R.B.32
2004-45, 2004-28 I.R.B.33
2004-46, 2004-29 I.R.B.46
2004-47, 2004-29 I.R.B.48
2004-48, 2004-30 I.R.B.88
Notices— Continued:
2004-49, 2004-30 I.R.B.88
2004-50, 2004-33 I.R.B.196
2004-51, 2004-30 I.R.B.89
2004-52, 2004-32 I.R.B.168
2004-53, 2004-33 I.R.B.209
2004-54, 2004-33 I.R.B.209
2004-55, 2004-34 I.R.B.319
2004-56, 2004-35 I.R.B.375
2004-57, 2004-35 I.R.B.376
2004-58, 2004-39 I.R.B.520
2004-59, 2004-36 I.R.B.447
2004-60, 2004-40 I.R.B.564
2004-61, 2004-41 I.R.B.596
2004-62, 2004-40 I.R.B.565
2004-63, 2004-41 I.R.B.597
2004-64, 2004-41 I.R.B.598
2004-65, 2004-41 I.R.B.599
2004-66, 2004-42 I.R.B.677
2004-67, 2004-41 I.R.B.600
2004-68, 2004-43 I.R.B.706
2004-69, 2004-43 I.R.B.706
2004-70, 2004-44 I.R.B.724
2004-71, 2004-45 I.R.B.793
2004-72, 2004-46 I.R.B.840
2004-73, 2004-46 I.R.B.841
2004-74, 2004-48 I.R.B.875
2004-75, 2004-48 I.R.B.876
2004-76, 2004-48 I.R.B.878
2004-77, 2004-47 I.R.B.855
2004-78, 2004-48 I.R.B.879
Proposed Regulations:
REG-208246-90, 2004-36 I.R.B.450
REG-138176-02, 2004-43 I.R.B.710
REG-153841-02, 2004-31 I.R.B.145
REG-163679-02, 2004-35 I.R.B.390
REG-163909-02, 2004-38 I.R.B.499
REG-108637-03, 2004-37 I.R.B.472
REG-120616-03, 2004-37 I.R.B.474
REG-124405-03, 2004-35 I.R.B.394
REG-131486-03, 2004-28 I.R.B.36
REG-131786-03, 2004-38 I.R.B.500
REG-145987-03, 2004-39 I.R.B.523
REG-145988-03, 2004-42 I.R.B.693
REG-149524-03, 2004-39 I.R.B.528
REG-150562-03, 2004-32 I.R.B.175
REG-152549-03, 2004-36 I.R.B.451
REG-154077-03, 2004-37 I.R.B.476
REG-169135-03, 2004-42 I.R.B.697
REG-171386-03, 2004-37 I.R.B.477
REG-101282-04, 2004-42 I.R.B.698
REG-101447-04, 2004-34 I.R.B.344
REG-106889-04, 2004-38 I.R.B.501
REG-114726-04, 2004-47 I.R.B.857
REG-116265-04, 2004-38 I.R.B.505
Proposed Regulations— Continued:
REG-117307-04, 2004-28 I.R.B.39
REG-124872-04, 2004-39 I.R.B.533
REG-128767-04, 2004-39 I.R.B.534
REG-129274-04, 2004-40 I.R.B.567
REG-129706-04, 2004-37 I.R.B.478
REG-129771-04, 2004-36 I.R.B.453
REG-130863-04, 2004-39 I.R.B.538
REG-131264-04, 2004-38 I.R.B.506
REG-135898-04, 2004-40 I.R.B.568
REG-136481-04, 2004-37 I.R.B.480
Revenue Procedures:
2004-38, 2004-27 I.R.B.10
2004-39, 2004-29 I.R.B.49
2004-40, 2004-29 I.R.B.50
2004-41, 2004-30 I.R.B.90
2004-42, 2004-31 I.R.B.121
2004-43, 2004-31 I.R.B.124
2004-44, 2004-31 I.R.B.134
2004-45, 2004-31 I.R.B.140
2004-46, 2004-31 I.R.B.142
2004-47, 2004-32 I.R.B.169
2004-48, 2004-32 I.R.B.172
2004-49, 2004-33 I.R.B.210
2004-50, 2004-33 I.R.B.211
2004-51, 2004-33 I.R.B.294
2004-52, 2004-34 I.R.B.319
2004-53, 2004-34 I.R.B.320
2004-54, 2004-34 I.R.B.325
2004-55, 2004-34 I.R.B.343
2004-56, 2004-35 I.R.B.376
2004-57, 2004-38 I.R.B.498
2004-58, 2004-41 I.R.B.602
2004-59, 2004-42 I.R.B.678
2004-60, 2004-42 I.R.B.682
2004-61, 2004-43 I.R.B.707
2004-62, 2004-44 I.R.B.728
2004-63, 2004-45 I.R.B.795
Revenue Rulings:
2004-63, 2004-27 I.R.B.6
2004-64, 2004-27 I.R.B.7
2004-65, 2004-27 I.R.B.1
2004-66, 2004-27 I.R.B.4
2004-67, 2004-28 I.R.B.28
2004-68, 2004-31 I.R.B.118
2004-69, 2004-36 I.R.B.445
2004-70, 2004-37 I.R.B.460
2004-71, 2004-30 I.R.B.74
2004-72, 2004-30 I.R.B.77
2004-73, 2004-30 I.R.B.80
2004-74, 2004-30 I.R.B.84
2004-75, 2004-31 I.R.B.109
2004-76, 2004-31 I.R.B.111
2004-77, 2004-31 I.R.B.119
1
A cumulative list of all revenue rulings, revenueprocedures, Treasury decisions, etc., publishedin Internal Revenue Bulletins 2004–1 through 2004–26 is in Internal Revenue Bulletin
2004–26, dated June 28, 2004.
2004–48 I.R.B.iiNovember 29, 2004

Revenue Rulings— Continued:
2004-78, 2004-31 I.R.B.108
2004-79, 2004-31 I.R.B.106
2004-80, 2004-32 I.R.B.164
2004-81, 2004-32 I.R.B.161
2004-82, 2004-35 I.R.B.350
2004-83, 2004-32 I.R.B.157
2004-84, 2004-32 I.R.B.163
2004-85, 2004-33 I.R.B.189
2004-86, 2004-33 I.R.B.191
2004-87, 2004-32 I.R.B.154
2004-88, 2004-32 I.R.B.165
2004-89, 2004-34 I.R.B.301
2004-90, 2004-34 I.R.B.317
2004-91, 2004-35 I.R.B.357
2004-92, 2004-37 I.R.B.466
2004-93, 2004-37 I.R.B.462
2004-94, 2004-38 I.R.B.491
2004-95, 2004-38 I.R.B.492
2004-96, 2004-41 I.R.B.593
2004-97, 2004-39 I.R.B.516
2004-98, 2004-42 I.R.B.664
2004-99, 2004-44 I.R.B.720
2004-100, 2004-44 I.R.B.718
2004-101, 2004-44 I.R.B.719
2004-102, 2004-45 I.R.B.784
2004-103, 2004-45 I.R.B.783
2004-104, 2004-46 I.R.B.837
2004-105, 2004-48 I.R.B.873
2004-107, 2004-47 I.R.B.852
2004-108, 2004-47 I.R.B.853
Tax Conventions:
2004-60, 2004-29 I.R.B.43
2004-81, 2004-42 I.R.B.675
Treasury Decisions:
9131, 2004-27 I.R.B.2
9132, 2004-28 I.R.B.16
9133, 2004-28 I.R.B.25
9134, 2004-30 I.R.B.70
9135, 2004-30 I.R.B.69
9136, 2004-31 I.R.B.112
9137, 2004-34 I.R.B.308
9138, 2004-32 I.R.B.160
9139, 2004-38 I.R.B.495
9140, 2004-32 I.R.B.159
9141, 2004-35 I.R.B.359
9142, 2004-34 I.R.B.302
9143, 2004-36 I.R.B.442
9144, 2004-36 I.R.B.413
9145, 2004-37 I.R.B.464
9146, 2004-36 I.R.B.408
9147, 2004-37 I.R.B.461
9148, 2004-37 I.R.B.460
9149, 2004-38 I.R.B.494
9150, 2004-39 I.R.B.514
9151, 2004-38 I.R.B.489
Treasury Decisions— Continued:
9152, 2004-39 I.R.B.509
9153, 2004-39 I.R.B.517
9154, 2004-40 I.R.B.560
9155, 2004-40 I.R.B.562
9156, 2004-42 I.R.B.669
9157, 2004-40 I.R.B.545
9158, 2004-42 I.R.B.665
9160, 2004-45 I.R.B.785
9161, 2004-43 I.R.B.704
November 29, 2004iii2004–48 I.R.B.

Findings List of Current Actions on
Previously Published Items
1
Bulletins 2004–27 through 2004–48
Announcements:
99-76
Obsoleted by
T.D. 9157, 2004-40 I.R.B.545
2003-54
Updated and superseded by
Ann. 2004-72, 2004-41 I.R.B.650
2004-70
Amended by
Ann. 2004-77, 2004-41 I.R.B.662
Notices:
88-128
Supplemented by
Notice 2004-61, 2004-41 I.R.B.596
98-65
Superseded by
Rev. Proc. 2004-40, 2004-29 I.R.B.50
2001-50
Modified by
Rev. Proc. 2004-46, 2004-31 I.R.B.142
2002-70
Modified by
Notice 2004-65, 2004-41 I.R.B.599
2003-76
Supplemented and superseded by
Notice 2004-67, 2004-41 I.R.B.600
Modified by
Notice 2004-65, 2004-41 I.R.B.599
2004-2
Modified by
Notice 2004-50, 2004-33 I.R.B.196
2004-2,
Corrected by
Ann. 2004-67, 2004-36 I.R.B.459
2004-66
Amplified and superseded by
Notice 2004-76, 2004-48 I.R.B.878
Proposed Regulations:
INTL-116-90
Withdrawn by
REG-208246-90, 2004-36 I.R.B.450
REG-208254-90
Withdrawn by
REG-136481-04, 2004-37 I.R.B.480
REG-104683-00
Partially withdrawn by
Ann. 2004-64, 2004-35 I.R.B.402
Proposed Regulations— Continued:
REG-165579-02
Withdrawn by
Ann. 2004-69, 2004-39 I.R.B.542
REG-150562-03
Corrected by
Ann. 2004-68, 2004-38 I.R.B.508
Ann. 2004-73, 2004-39 I.R.B.543
Revenue Procedures:
79-61
Superseded by
Rev. Proc. 2004-44, 2004-31 I.R.B.134
89-37
Obsoleted by
Rev. Rul. 2004-90, 2004-34 I.R.B.317
94-64
Superseded by
Rev. Proc. 2004-38, 2004-27 I.R.B.10
96-18
Obsoleted by
Rev. Rul. 2004-90, 2004-34 I.R.B.317
96-53
Superseded by
Rev. Proc. 2004-40, 2004-29 I.R.B.50
96-60
Superseded by
Rev. Proc. 2004-53, 2004-34 I.R.B.320
98-41
Superseded by
Rev. Proc. 2004-56, 2004-35 I.R.B.376
2000-37
Modified by
Rev. Proc. 2004-51, 2004-33 I.R.B.294
2002-9
Modified and amplified by
Rev. Proc. 2004-41, 2004-30 I.R.B.90
2003-28
Superseded by
Rev. Proc. 2004-58, 2004-41 I.R.B.602
2003-30
Superseded by
Rev. Proc. 2004-54, 2004-34 I.R.B.325
2003-52
Superseded by
Rev. Proc. 2004-50, 2004-33 I.R.B.211
2003-73
Superseded by
Rev. Proc. 2004-62, 2004-44 I.R.B.728
2003-80
Superseded by
Rev. Proc. 2004-60, 2004-42 I.R.B.682
Revenue Procedures— Continued:
2003-83
Superseded by
Rev. Proc. 2004-63, 2004-45 I.R.B.795
2004-4
Modified by
Rev. Proc. 2004-44, 2004-31 I.R.B.134
2004-23
Modified by
Rev. Proc. 2004-57, 2004-38 I.R.B.498
Revenue Rulings:
54-379
Superseded by
Rev. Rul. 2004-68, 2004-31 I.R.B.118
58-120
Obsoleted by
Rev. Rul. 2004-90, 2004-34 I.R.B.317
62-60
Amplified by
Rev. Proc. 2004-53, 2004-34 I.R.B.320
70-58
Obsoleted by
Rev. Rul. 2004-90, 2004-34 I.R.B.317
73-354
Obsoleted by
Rev. Rul. 2004-76, 2004-31 I.R.B.111
78-371
Distinguished by
Rev. Rul. 2004-86, 2004-33 I.R.B.191
79-64
Obsoleted by
Rev. Rul. 2004-90, 2004-34 I.R.B.317
80-7
Amplified and clarified by
Rev. Rul. 2004-71, 2004-30 I.R.B.74
Rev. Rul. 2004-72, 2004-30 I.R.B.77
Rev. Rul. 2004-73, 2004-30 I.R.B.80
Rev. Rul. 2004-74, 2004-30 I.R.B.84
80-366
Obsoleted by
Rev. Rul. 2004-90, 2004-34 I.R.B.317
81-100
Clarified and modified by
Rev. Rul. 2004-67, 2004-28 I.R.B.28
85-70
Amplified and clarified by
Rev. Rul. 2004-71, 2004-30 I.R.B.74
Rev. Rul. 2004-72, 2004-30 I.R.B.77
Rev. Rul. 2004-73, 2004-30 I.R.B.80
Rev. Rul. 2004-74, 2004-30 I.R.B.84
1
A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2004–1 through 2004–26 is in Internal Revenue Bulletin 2004–26, dated June 28, 2004.
2004–48 I.R.B.ivNovember 29, 2004

Revenue Rulings— Continued:
92-105
Distinguished by
Rev. Rul. 2004-86, 2004-33 I.R.B.191
95-63
Modified by
Rev. Rul. 2004-103, 2004-45 I.R.B.783
2003-118
Supplemented and superseded by
Rev. Rul. 2004-108, 2004-47 I.R.B.853
2003-119
Supplemented and superseded by
Rev. Rul. 2004-107, 2004-47 I.R.B.852
2004-75
Amplified by
Rev. Rul. 2004-97, 2004-39 I.R.B.516
Treasury Decisions:
9031
Removed by
T.D. 9152, 2004-39 I.R.B.509
9141
Corrected by
Ann. 2004-86, 2004-46 I.R.B.842
November 29, 2004v2004–48 I.R.B.

INDEX
Internal Revenue Bulletins 2004–27 through
2004–48
The abbreviation and number in parenthesis following the index entry
refer to the specific item; numbers in roman and italic type following
the parentheses refer to the Internal Revenue Bulletin in which the item
may be found and the page number on which it appears.
Key to Abbreviations:
AnnAnnouncement
CDCourt Decision
DODelegation Order
EOExecutive Order
PLPublic Law
PTEProhibited Transaction Exemption
RPRevenue Procedure
RRRevenue Ruling
SPRStatement of Procedural Rules
TCTax Convention
TDTreasury Decision
TDOTreasury Department Order
EMPLOYEE PLANS
Actuarial assumptions, limitations on benefits and contributions,
single sum distributions (Notice 78) 48,879
Exemption from tax, section 457(b), group or pooled trusts (RR
67) 28,28
Form 5500, Schedule B, additional instructions for line 8c (Ann
80) 41,663
Full funding limitations, weighted average interest rate for:
July 2004 (Notice 51) 30,89
August 2004 (Notice 56) 35,375
September 2004 (Notice 60) 40,564
October 2004 (Notice 69) 43,706
November 2004 (Notice 77) 47,855
Health benefits, defined benefit plan, waiver (RR 65) 27,1
Minimum funding standards:
Amortization, extensions (RP 44) 31,134
Current liability, alternative deficit reduction, amendments
(Notice 59) 36,447
Florida disaster relief (Notice 62) 40,565
Nonbank trustee and custodian, approval list (Ann 72) 41,650
Obsolete rulings (RR 90) 34,317
Proposed Regulations:
26 CFR 1.401(a)–1, amended; 1.401(a)–3, added; distribu-
tions from a pension plan under a phased retirement pro-
gram (REG–114726–04) 47,857
26 CFR 1.408–2(e)(8)T, added; deemed IRAs in governmen-
tal plans/qualified nonbank trustee rules (REG–101447–04)
34,344
QJSA, relative value, retroactive annuity starting date (Ann 58)
29,66
Qualified retirement plans:
Age discrimination, pending withdrawal of proposed regula-
tions (Ann 57) 27,15
EMPLOYEE PLANS—Cont.
Benefits during phased retirement (REG–114726–04) 47,857
Covered compensation tables for 2005, permitted disparity
(RR 104) 46,837
Deemed IRAs in qualified retirement plans, and governmental
plans/qualified nonbank trustee rules (TD 9142) 34,302;
(REG–101447–04) 34,344
Determination letters, staggered remedial amendments (Ann
71) 40,569
Limitations on benefits and contributions, cost-of-living ad-
justments (Notice 72) 46,840
Model amendments for governmental section 457(b) plans
(RP 56) 35,376
Regulations:
26 CFR 1.408–2, amended; 1.408–2T, added; 1.408(q)–1,
added; 602.101, amended; deemed IRAs in qualified retire-
ment plans (TD 9142) 34,302
EMPLOYMENT TAX
Forms:
W-2, 2005, new Code Y for Box 12 (Ann 96) 47,872
W-2, W-4, W-5, 941, and Schedule D (Form 941), informa-
tion reporting, successor employer, acquisitions, statutory
mergers, or consolidations (RP 53) 34,320
Information reporting, Forms W-2, W-4, W-5, 941, and Sched-
ule D (Form 941), successor employer, acquisitions, statutory
mergers, or consolidations (RP 53) 34,320
New Code Y on 2005 Form W-2, Box 12 (Ann 96) 47,872
Obsolete rulings (RR 90) 34,317
Payment card transactions:
Limited exception, backup withholding (TD 9136) 31,112
Optional procedure for payors to determine reportable pay-
ments under sections 6041 and 6041A (RP 43) 31,124
Qualified Payment Card Agent (QPCA), requirements for
payment card organization to obtain QPCA determination
(RP 42) 31,121
Place for filing returns or other documents (TD 9156) 42,669
Publications, 1141, General Rules and Specifications for Substi-
tute Forms W-2 and W-3, revised (RP 54) 34,325
Regulations:
26 CFR 31.3406(g)–1, amended; 31.3406(j)–1, amended;
31.3406(j)–1T, removed; 301.6724–1, amended; 602.101,
amended; information reporting and backup withholding
for payment card transactions (TD 9136) 31,112
26 CFR 31.6091–1, amended; place for filing (TD 9156) 42,
669
Social security contribution andbenefit base, domestic employee
coverage threshold, 2005 (Notice 73) 46,841
Substitute Forms W-2 and W-3, general rules and specifications
(RP 54) 34,325
Treatment of amounts paid an employee as “reimbursements” for
parking expense, paid through a salary reduction (RR 98) 42,
664
2004–48 I.R.B.viNovember 29, 2004

ESTATE TAX
Generation-skipping transfer (GST) tax:
Deemed allocations, election out (REG–153841–02) 31,145
Exemption, automatic extension of time (RP 46) 31,142
Obsolete rulings (RR 90) 34,317
Place for filing returns or other documents (TD 9156) 42,669
Predeceased parent rule (REG–145988–03) 42,693
Proposed Regulations:
26 CFR 1.1001–1, amended; 21.2600–1, amended;
26.2642–6, added; 26.2654–1, amended; qualified sever-
ance of a trust for generation-skipping transfer (GST) tax
purposes (REG–145987–03) 39,523
26 CFR 26.2600–1, amended; 26.2632–1, amended; election
out of GST deemed allocations (REG–153841–02) 31,145
26 CFR 26.2600–1, amended; 26.2612–1, amended;
26.2651–1, –2, –3, added; predeceased parent rule
(REG–145988–03) 42,693
Qualified terminable interest property (QTIP), simplified
method, request relief to make late election (RP 47) 32,169
Regulations:
26 CFR 20.6091–1, –2, amended; place for filing (TD 9156)
42,669
Tax reimbursement clause, gift and estate tax consequences (RR
64) 27,7
Trusts, qualified severance for generation-skipping transfer
(GST) tax purposes (REG–145987–03) 39,523
EXCISE TAX
Advance notice of proposed rulemaking requesting information
about technologies, services, and methods for transmitting
voice and data communications (Ann 61) 29,67
Communications services excise tax, scope (Notice 57) 35,376
Duties of collector of collected excise taxes (TD 9149) 38,494;
(REG–163909–02) 38,499
Florida, dyed diesel fuel, relief from penalty under section 6715
(Ann 70) 39,543; extension (Ann 77) 41,662
Obsolete rulings (RR 90) 34,317
Place for filing returns or other documents (TD 9156) 42,669
Primarily designed test to determine if vehicle is a truck or a
highway tractor, application (RR 80) 32,164
Proposed Regulations:
26 CFR 40.6302(c), amended; 49.4291–1, amended; col-
lected excise taxes, duties of collector (REG–163909–02)
38,499
26 CFR 48.4081–1, –3, amended; entry of taxable fuel
(REG–120616–03) 37,474
Regulations:
26 CFR 40.6091–1, amended; 41.6091–1, amended;
44.6091–1, amended; 53.6091–1, –2, amended; 55.6091–1,
–2, amended; 156.6091–1, –2, amended; place for filing
(TD 9156) 42,669
26 CFR 40.6302(c)–3, amended; 40.6302(c)–3T, added;
49.4291–1, amended; 49.4291–1T, added; collected excise
taxes, duties of collector (TD 9149) 38,494
EXCISE TAX—Cont.
26 CFR 48.4081–1, –3, –5, amended; 48.4081–1T, –3T,
added; 602.101, amended; entry of taxable fuel (TD 9145)
37,464
26 CFR 157.5891–1, added; 157.5891–1T, removed;
157.6001–1, added; 157.6001–1T, removed; 157.6011–1,
added; 157.6011–1T, removed; 157.6061–1, added;
157.6061–1T, removed; 157.6065–1, added; 157.6065–1T,
removed; 157.6071–1, added; 157.6071–1T, removed;
157.6081–1, added; 157.6081–1T, removed; 157.6091–1,
added; 157.6091–1T, removed; 157.6151–1, added;
157.6151–1T, removed; 157.6161–1, added; 157.6161–1T,
removed; 157.6165–1, added; 157.6165–1T, removed;
602.101, amended; excise tax relating to structured settle-
ment factoring transactions (TD 9134) 30,70
Structured settlement factoring transactions (TD 9134) 30,70
Taxable fuel, entry into the United States (TD 9145) 37,464;
(REG–120616–03) 37,474
EXEMPT ORGANIZATIONS
Declaratory judgment suits (Ann 90) 45,835;(Ann91)45,835;
(Ann 92) 45,835
List of organizations classifiedas private foundations (Ann 62)
30,102;(Ann66)35,402; (Ann 76) 40,588;(Ann85)43,
712; (Ann 88) 44,779;(Ann94)46,842
Notification of amendments to section 501(c)(15), insurance
companies, tax-exempt property (Notice 64) 41,598
Obsolete rulings (RR 90) 34,317
Revocations (Ann 55) 27,15; (Ann 65) 33,300; (Ann 78) 40,
592; (Ann 89) 45,835
Suspension of tax-exempt statusof terrorist organization (Ann
56) 28,41; (Ann 74) 40,579;(Ann87)45,834
GIFT TAX
Determination of qualified interests (REG–163679–02) 35,390
Generation-skipping transfer (GST) tax:
Deemed allocations, election out (REG–153841–02) 31,145
Exemption, automatic extension of time (RP 46) 31,142
Obsolete rulings (RR 90) 34,317
Place for filing returns or other documents (TD 9156) 42,669
Proposed Regulations:
26 CFR 25.2702–0, –2, –3, –7, amended; qualified interests
(REG–163679–02) 35,390
26 CFR 26.2600–1, amended; 26.2632–1, amended; election
out of GST deemed allocations (REG–153841–02) 31,145
Regulations:
26 CFR 25.6091–1, –2, amended; place for filing (TD 9156)
42,669
Tax reimbursement clause, gift and estate tax consequences (RR
64) 27,7
November 29, 2004vii2004–48 I.R.B.

INCOME TAX
Adjustment to net unrealized built-in gain (REG–131486–03) 28,
36
Alternative methods of signing, income tax return preparers (No-
tice 54) 33,209
Annual income recertification of tenant income under section
42(g)(8)(B), waiver (RP 38) 27,10
APA Program, administration (RP 40) 29,50
Archer MSAs, reporting the numberestablished between January
1, 2004, and June 30, 2004 (Ann 82) 45,834
Bankruptcy and golden parachute payments (RR 87) 32,154
Base period T-bill rate, 2004 (RR 99) 44,720
Book-tax difference, disclosure (RP 45) 31,140
Business and traveling expenses, per diem allowances for 2005
(RP 60) 42,682
Charitable contributions:
Allocation and apportionment of deductions (TD 9143) 36,
442; (REG–208246–90) 36,450
Charitable contributions, conservation easements (Notice 41)
28,31
Classification of certain foreign entities (Notice 68) 43,706
Commodity Futures Trading Commission (CFTC):
NQLX designated as contract market permitted to list securi-
ties futures contracts (SFCs) (RR 94) 38,491
OneChicago designated as contract market permitted to list
SFCs (RR 95) 38,492
Consolidatedreturns,intercompanytransactions
(REG–131264–04) 38,506
Consumer Price Index (CPI) adjustments:
Below-market loans under section 7872(g) for 2005 (RR 108)
47,853
Certain loans under section 1274A for 2005 (RR 107) 47,852
Corporations:
Deemed election to be an association taxable as a corporation
for a qualified electing S corporation (TD 9139) 38,495;
(REG–131786–03) 38,500
Determining subsidiary stock loss for consolidated groups
(TD 9154) 40,560; (REG–135898–04) 40,568
Distributions, income from the discharge of indebtedness, is-
suer’s re-purchase of indebtedness (RR 79) 31,106
Dually chartered entity, entity classification, classification of
organizations (TD 9153) 39,516; (REG–124872–04) 39,
533
Guidance under section 951 for determining pro rata share,
foreign corporation (REG–129771–04) 36,453
Reorganizations:
Consolidated returns, section 304 stock redemptions, step-
transaction doctrine (RR 83) 32,157
Exchange of a debt instrument (RR 78) 31,108
Stock basis computation (Notice 44) 28,32
Transfers of assets or stockfollowing a reorganization
(REG–130863–04) 39,538
Under section 368(a)(1)(E) or (F) (REG–106889–04) 38,
501
Using signing date stock values to measure continuity of
interest (REG–129706–04) 37,478
S corporation, late election relief (RP 48) 32,172
INCOME TAX—Cont.
Stapled foreign corporation,definition and tax treatment
(REG–101282–04) 42,698
Transfers of assets or stock following a reorganization, with-
drawal of REG–165579–02 (Ann 69) 39,542
Credits:
Deemed-paid credit computation, foreign tax credit, sepa-
rate categories of income, dividends, partial withdrawal of
REG–104683–00 (Ann 64) 35,402
Enhanced oil recovery credit, 2004 inflation adjustment (No-
tice 49) 30,87
Foreign tax credit limitation, capital gains (or losses), quali-
fied dividend income, election not to apply, rents and roy-
alties, allocation of foreign taxes, foreign personal holding
income, export financing interest (TD 9141) 35,359;cor-
rection(Ann86)46,842
Low-income housing credit:
Carryovers to qualified states, 2004 National Pool (RP 52)
34,319
Questions and Answers II (RR 82) 35,350
Satisfactory bond, “bond factor” amounts for the period:
July through September 2004 (RR 89) 34,301
January through December 2004 (RR 100) 44,718
Suspension of certain income limitations under section 42:
In Alabama (Notice 74) 48,875
In Florida (Notice 66) 42,677; extension (Notice 76)
48,878
In Ohio (Notice 75) 48,876
Declaratory judgment suits (Ann 90) 45,835;(Ann91)45,835;
(Ann 92) 45,835
Delaware statutory trust, classification (RR 86) 33,191
Depreciation:
MACRS, changes in use (TD 9132) 28,16
Of vans and light trucks (TD 9133) 28,25
Disciplinary actions involving attorneys, CPAs, enrolled agents,
and enrolled actuaries (Ann 63) 31,149; (Ann 95) 46,845
Disclosure of returns and return information, and confidentiality
(RR 68) 31,118
Disregarded entities:
Guidance (RR 77) 31,119
Treatment under section 752 (REG–128767–04) 39,534
Distributions with respect to securities issued by foreign corpo-
rations, information reporting and other guidance (Notice 71)
45,793
Election to expense certain depreciable business property (TD
9146) 36,408; (REG–152549–03) 36,451
Electronic filing:
Electronic and magnetic filing,specifications for Forms 1098,
1099, 5498, and W-2G (RP 50) 33,211
Individual e-file Partnership Program, request for applications
to participate in 2005 (Ann 93) 48,882
Of duplicate Forms 5472 (TD 9161) 43,704
Update to Rev. Proc. 2001–31, Archer MSAs (Ann 83) 43,
712
Foreign currency denominated contingent payment debt instru-
ments (TD 9157) 40,545
2004–48 I.R.B.viiiNovember 29, 2004

INCOME TAX—Cont.
Forms:
1042-S:
Changes affecting tax year 2004electronic or magnetic fil-
ing (Ann 79) 41,662
Specifications for filing electronically or magnetically (RP
63) 45,795
1096, 1098, 1099, 5498, W-2G, and 1042-S, substitute form
specifications (RP 58) 41,602
8851, Summary of Archer MSAs, required to be filed for tax
year 2004, update to Rev. Proc. 2001–31, electronic or
magnetic filing (Ann 83) 43,712
Frivolous tax returns, U. S. Virgin Islands, meritless filing posi-
tion based on sections 932(c) and 934(b) (Notice 45) 28,33
Gross income, advance payments, year of inclusion (TD 9135)
30,69
Guidance for organization with significant trade or business of
lending money, reporting cancellation of indebtedness under
section 6050P(c)(2)(D) (TD 9160) 45,785
Health Coverage Tax Credit (HCTC), information reporting for
advance payments (Notice 47) 29,48
Health Savings Accounts (HSAs):
Additional HSA Q&As (Notice 50) 33,196
Correction to Notice 2004–2 (Ann 67) 36,459
Transition relief for state mandates (Notice 43) 27,10
Institute on International Tax Issues (Ann 84) 43,712
Insurance companies:
Deduction of incentive payments made to health care
providers (RP 41) 30,90
Domestic asset/liability and investment yield percentages for
foreign insurance companies (RP 55) 34,343
Withholding annuity payments, branches, Puerto Rico,
7805(b) (RR 97) 39,516
Interest:
Election to treat qualified dividend income as investment in-
come (TD 9147) 37,461; (REG–171386–03) 37,477
Investment:
Federal short-term, mid-term, and long-term rates for:
July 2004 (RR 66) 27,4
August 2004 (RR 84) 32,163
September 2004 (RR 69) 36,445
October 2004 (RR 96) 41,593
November 2004 (RR 102) 45,784
Rates:
Farm real property, special use value (RR 63) 27,6
Underpayments and overpayments, quarter beginning:
October 1, 2004 (RR 92) 37,466
Inventory:
LIFO, price indexes used by department stores for:
May 2004 (RR 81) 32,161
June 2004 (RR 91) 35,357
July 2004 (RR 93) 37,462
August 2004 (RR 101) 44,719
September 2004 (RR 105) 48,873
LIFO recapture under section1363(d) (REG–149524–03) 39,
528
INCOME TAX—Cont.
Iraq, removal from list of countries described in section
901(j)(2)(A) (RR 103) 45,783
Life insurance:
Annuity payments (RR 75) 31,109
Contracts, prevailing mortality tables (Notice 61) 41,596
Like-kind exchanges, qualified exchange accommodation
(“parking”) arrangements (RP 51) 33,294
Loan origination fees and capitalized interest, information re-
porting under section 6050S for payments (Notice 63) 41,597
Loss carryovers from separate return limitation years, treatment
(TD 9155) 40,562; (REG–129274–04) 40,567
Marginal production rates, 2004 (Notice 48) 30,87
Methods of accounting:
Change in section 481(a) adjustment periods (TD 9131) 27,2
Extension of time to file written statement containing infor-
mation necessary to obtain automatic consent for change
(RP 57) 38,498
Nuclear decommissioning funds,allocating purchase price in
certain deemed and actual asset acquisitions (TD 9158) 42,
665; (REG–169135–03) 42,697
Obsolete rulings (RR 90) 34,317
Offsets of refunds for taxpayers domiciled in:
Arizona or Wisconsin (RR 71) 30,74
California, Idaho, or Louisiana (RR 72) 30,77
Nevada, New Mexico, or Washington (RR 73) 30,80
Texas (RR 74) 30,83
Optional 10-year writeoff, rules governing time and manner
for making and revoking an election under section 59(e)
(REG–124405–03) 35,394
Partnerships:
Application of section 761, request for comments (Notice 53)
33,209
Application of section 1045 (REG–150562–03) 32,175;cor-
rection(Ann68)38,508; correction (Ann 73) 39,543
Disregarded entity, small partnership not excluded from
TEFRA provisions, tax matters partner (RR 88) 32,165
Transactions involving long-term contracts (TD 9137) 34,308
Payment card transactions:
Limited exception, backup withholding (TD 9136) 31,112
Optional procedure for payors to determine reportable pay-
ments under sections 6041 and 6041A (RP 43) 31,124
Qualified Payment Card Agent (QPCA), requirements for
payment card organization to obtain QPCA determination
(RP 42) 31,121
Place for filing returns or other documents (TD 9156) 42,669
Pre-Filing Agreement program, annual report for CY 2003,
Large and Mid-Size Business Division (LMSB) (Ann 59) 30,
93
Private foundations, organizations now classified as (Ann 62) 30,
102;(Ann66)35,402; (Ann 76) 40,588; (Ann 85) 43,712;
(Ann 88) 44,779; (Ann 94) 46,842
Proposed Regulations:
26 CFR 1.59–1, added; optional 10-year writeoff of certain
tax preferences (REG–124405–03) 35,394
November 29, 2004ix2004–48 I.R.B.

INCOME TAX—Cont.
26 CFR 1.163(d)–1, revised;time and manner of making sec-
tion 163(d)(4)(B) election to treat qualified dividend in-
come as investment income (REG–171386–03) 37,477
26 CFR 1.179–2, –4, –5, amended; 1.179–6, revised; section
179 elections (REG–152549–03) 36,451
26 CFR 1.269B–1, added; 1.367(b)–2(g), revised;
301.269B–1, added; treatment of a stapled foreign corpo-
ration under sections 269B and 367(b) (REG–101282–04)
42,698
26 CFR 1.338–6, amended; 1.1060–1, amended; treatment
of certain nuclear decommissioning funds for purposes of
allocating purchase price in certain deemed and actual asset
acquisitions (REG–169135–03) 42,697
26 CFR 1.368–1, amended; corporate reorganizations;
guidance on the measurement of continuity of interest
(REG–129706–04) 37,478
26 CFR 1.368–1, –2, amended; corporate reorganizations,
transfers of assets or stock following a reorganization
(REG–130863–04) 39,538
26 CFR 1.368–1(b), –2, amended; reorganizations under sec-
tion 368(a)(1)(E) or (F) (REG–106889–04) 38,501
26 CFR 1.704–2, amended; 1.752–2, amended; treatment of
disregarded entities under section 752 (REG–128767–04)
39,534
26 CFR 1.860F–4, amended; real estate mortgage investment
conduits (REMICs) (REG–154077–03) 37,476
26 CFR 1.861–4, amended; source of compensation for labor
or personal services (REG–136481–04) 37,480
26 CFR 1.861–8(e)(12), added; 1.861–14, revised; allocation
and apportionment of deductions for charitable contribu-
tions (REG–208246–90) 36,450
26 CFR 1.864–4, revised; stock held by foreign insurance
companies (REG–117307–04) 28,39
26 CFR 1.951–1, amended; guidance under section 951 for
determining pro rata share (REG–129771–04) 36,453
26 CFR 1.1031(a), (j), amended; additional rules for ex-
changes of personal property under section 1031(a)
(REG–116265–04) 38,505
26 CFR 1.1045–1, added; section 1045 application to partner-
ships (REG–150562–03) 32,175; correction (Ann 68) 38,
508; correction (Ann 73) 39,543
26 CFR 1.1271–0, amended; 1.1275–2, amended; accrual for
certain REMIC regular interests (REG–108637–03) 37,472
26 CFR 1.1363–2, amended; LIFO recapture under section
1363(d) (REG–149524–03) 39,528
26 CFR 1.1374–3, amended; 1.1374–10, revised, adjustment
to net unrealized built-in gain (REG–131486–03) 28,36
26 CFR 1.1502–13, amended; consolidated returns; intercom-
pany transactions (REG–131264–04) 38,506
26 CFR 1.1502–20, –32, amended; extension of time to elect
method for determining allowable loss (REG–135898–04)
40,568
26 CFR 1.1502–32, amended; treatment of loss carryovers
from separate return limitation years (REG–129274–04)
40,567
INCOME TAX—Cont.
26 CFR 301.7502–1, amended; timely mailing treated as
timely filing (REG–138176–02) 43,710
26 CFR 301.7701–1(d), –5, revised; 301.7701–2(b)(9),
added; clarification of definitions (REG–124872–04) 39,
533
26 CFR 301.7701–3, amended; deemed election to be an as-
sociation taxable as a corporation for a qualified electing S
corporation (REG–131786–03) 38,500
Publications:
1141, General Rules and Specifications for Substitute Forms
W-2 and W-3, revised (RP 54) 34,325
1167, substitute forms, general requirements (RP 62) 44,728
1179, General Rules and Specifications for Substitute Forms
1096, 1098, 1099, 5498, W-2G, and 1042-S (RP 58) 41,
602
1187:
Changes affecting tax year 2004 electronic or magnetic fil-
ing of Form 1042-S (Ann 79) 41,662
Specifications for Filing Form 1042-S, Foreign Person’s
U.S. Source Income Subject toWithholding, Electroni-
cally or Magnetically (RP 63) 45,795
1220, Specifications for Filing Forms 1098, 1099, 5498, and
W-2G Electronically or Magnetically (RP 50) 33,211
Qualified dividend income, treatment for purposes of section
1(h)(11) (Notice 70) 44,724
Qualified residential rental projects, obligations of states and po-
litical subdivisions (RP 39) 29,49
Qualified transportation fringes, use of a debit card (Notice 46)
29,46
Qualified Zone Academy Bonds (QZABs), allocations for 2004
(RP 61) 43,707
Real estate mortgage investment conduits (REMICs):
Accrual for certain REMIC regular interests
(REG–108637–03) 37,472
Applicationofpartnershipauditprovisions
(REG–154077–03) 37,476
Interest-only REMIC regular interests, advance notice of pro-
posed rulemaking (Ann 75) 40,580
Regulations:
26 CFR 1.61–8, amended; rents and royalties (TD 9135) 30,
69
26 CFR 1.83–7, amended; 1.83–7T, removed; transfers of
compensatory options (TD 9148) 37,460
26 CFR 1.121–3, amended; 1.121–3T, removed; 1.121–5,
added; reduced maximum exclusion of gain from sale or
exchange of principal residence (TD 9152) 39,509
26 CFR 1.141–0, –16, amended; 1.142–0, –2, amended; re-
medial actions applicable to tax-exempt bonds issued by
state and local governments (TD 9150) 39,514
26 CFR 1.163(d)–1, revised; 1.163(d)–1T, added; time and
manner of making section 163(d)(4)(B) election to treat
qualified dividend income as investment income (TD 9147)
37,461
26 CFR 1.168(i)–0, –1, –1T, amended; 1.168(i)–4, added;
changes in use under section 168(i)(5) (TD 9132) 28,16
2004–48 I.R.B.xNovember 29, 2004

INCOME TAX—Cont.
26 CFR 1.179–0, –2, –4, –5, amended; 1.179–2T, –4T, –5T,
–6T, added; 602.101, amended; section 179 elections (TD
9146) 36,408
26 CFR 1.263A–7, revised; 1.448–1, amended; administra-
tive simplification of section481(a) adjustment periods in
various regulations (TD 9131) 27,2
26 CFR 1.280F–1T through –5T, –6, –7, amended; 1.280F–6T
redesignated as 1.280F–6; depreciation of vans and light
trucks (TD 9133) 28,25
26 CFR 1.338–0, –6, amended; 1.338–6T, added; 1.1060–1,
amended; 1.1060–1T, added; treatment of certain nuclear
decommissioning funds for purposes of allocating purchase
price in certain deemed and actual asset acquisitions (TD
9158) 42,665
26 CFR 1.421–1 through –6, removed; 1.421–7 renumbered
as 1.421–1 and amended; 1.421–8 renumbered as 1.421–2
and amended; 1.422–1, –2, –4, –5, added; 1.422–4, re-
moved; 1.422–5 renumbered as 1.422–3; 1.423–1, –2,
amended; 1.425–1 renumbered as 1.424–1 and amended;
1.6039–1, –2, removed; 1.6039–1, added; Part 14a, re-
moved; statutory options (TD 9144) 36,413
26 CFR 1.460–0, –4, –6, amended; 1.704–3, amended;
1.722–1, amended; 1.723–1, amended; 1.732–1, amended;
1.734–1, amended; 1.743–1, amended; 1.751–1, amended;
1.755–1, amended; 1.1362–3, amended; 1.1377–1,
amended; partnership transactions involving long-term
contracts (TD 9137) 34,308
26 CFR 1.461–2, amended; transfers to provide for satisfac-
tion of contested liabilities (TD 9140) 32,159
26 CFR 1.463–1T, removed; transitional rule for vested ac-
crued vacation pay (TD 9138) 32,160
26 CFR 1.861–8, –8T, –14T, amended; allocation and ap-
portionment of deductions for charitable contributions (TD
9143) 36,442
26 CFR 1.904–0, –4, –6, amended; 1.904–5, revised;
1.904(b)–1, –2, revised; 1.904(b)–3, –4, removed;
1.904(j)–1, added; 1.954–2, amended; application of
section 904 to income subject to separate limitations (TD
9141) 35,359; correction (Ann 86) 46,842
26 CFR 1.988–0, –2, amended; 1.988–6, added; 1.1275–2,
–4, amended; 602.101(b), amended; guidance regarding
the treatment of certain contingent payment debt instru-
ments with one or more payments that are denominated in,
or determined by reference to, nonfunctional currency (TD
9157) 40,545
26 CFR 1.1031(a)–2, revised; 1.1031(a)–2T, added; addi-
tional rules for exchanges of personal property under sec-
tion 1031(a) (TD 9151) 38,489
26 CFR 1.1502–20T, –32T, amended; extension of time to
elect method for determining allowable loss (TD 9154) 40,
560
26 CFR 1.1502–32T, amended; treatment of loss carryovers
from separate return limitation years (TD 9155) 40,562
26 CFR 1.6038A–1, –2, amended; 1.6038A–2T, removed;
electronic filing of duplicate Forms 5472 (TD 9161) 43,704
INCOME TAX—Cont.
26 CFR 1.6050P–0, –1, amended; 1.6050P–2, added;
602.101, amended; information reporting under section
6050P for discharges of indebtedness (TD 9160) 45,785
26 CFR 1.6091–1 through –4, amended; 301.6091–1,
amended; place for filing (TD 9156) 42,669
26 CFR 31.3406(g)–1, amended; 31.3406(j)–1, amended;
31.3406(j)–1T, removed; 301.6724–1, amended; 602.101,
amended; information reporting and backup withholding
for payment card transactions (TD 9136) 31,112
26 CFR 301.7701–1, –3, –5, revised; 301.7701–1T, –2(b)(9),
–2T, –5T, added; clarification of definitions (TD 9153) 39,
516
26 CFR 301.7701–3, amended; 301.7701–3T, added; deemed
election to be an association taxable as a corporation for a
qualified electing S corporation (TD 9139) 38,495
Revocations, exempt organizations (Ann 55) 27,15; (Ann 65)
33,300; (Ann 78) 40,592; (Ann 89) 45,835
S corporations:
Mergers, effect on qualified subchapter S subsidiary (QSub),
termination (RR 85) 33,189
Relief request for late qualified subchapter S subsidiary
(QSub) election (RP 49) 33,210
Sale or exchange of principal residence, reduced maximum ex-
clusion (TD 9152) 39,509
Source of compensation for labor or personal services
(REG–136481–04) 37,480
Standard Industrial Classification (SIC) system replaced with
North American Industry Classification System (NAICS),
properties of like class (TD 9151) 38,489; (REG–116265–04)
38,505
Standard Industry Fare Level (SIFL) formula (RR 70) 37,460
Stocks:
Consolidated returns, subsidiary stock loss (Notice 58) 39,
520
Held by foreign insurance companies (REG–117307–04) 28,
39
Options granted under an employer stock purchase plan (No-
tice 55) 34,319
Statutory options (TD 9144) 36,413
Transfers:
Of compensatory stock options (TD 9148) 37,460
Of stock, asserted liability (TD 9140) 32,159
Substitute forms:
W-2 and W-3, general rules and specifications (RP 54) 34,
325
1096, 1098, 1099, 5498, W-2G, and 1042-S, rules and speci-
fications (RP 58) 41,602
General requirements (RP 62) 44,728
Tax conventions:
Guidance on effective dates under Japan treaty (Ann 60) 29,
43
New income tax treaty with Sri Lanka, supplemental tables of
income tax rates (Ann 81) 42,675
Treaty benefits for dual resident companies (RR 76) 31,111
Tax-exempt bonds, application of remedial action rules under
sections 141 and 142 (TD 9150) 39,514
November 29, 2004xi2004–48 I.R.B.

INCOME TAX—Cont.
Tax shelters:
Listed transactions (Notice 67) 41,600
Removal of producer owned reinsurance companies (PORCs)
from the list of “listed transactions” (Notice 65) 41,599
Tax treatment of credit default swaps (CDSs) (Notice 52) 32,168
Timely mailing treated as timely filing (REG–138176–02) 43,
710
Vacation pay, removal of transitional rule (TD 9138) 32,160
Voluntary Compliance Program (VCP), section 1441 (RP 59) 42,
678
SELF-EMPLOYMENT TAX
Obsolete rulings (RR 90) 34,317
Place for filing returns or other documents (TD 9156) 42,669
Regulations:
26 CFR 31.6091–1, amended; place for filing (TD 9156) 42,
669
2004–48 I.R.B.xiiNovember 29, 2004
*U.S.G.P.O.: 2004—310–365/60163