us-irs-announcements-irb-2007-44-pdf•Internal Revenue Bulletin 2007-44 (PDF rendition): IRS Announcements
Internal Revenue Bulletin 2007-44 (PDF rendition): IRS Announcements
us-irs-announcements-irb-2007-44-pdfInternal Revenue Bulletin 2007-44 (PDF rendition): IRS AnnouncementsGuidance
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Bulletin No. 200 7-44 October 29, 2007 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 2007–100, page 922. The Twentieth Annual Institute on Current Issues in International Taxation, jointly sponsored by the Internal Revenue Service and the George Washington University Law School, will be held on December 13 and 14, 2007, at the Grand Hyatt Washington Hotel in Washington, DC. INCOME TAX REG–107592–00, page 908. Proposed regulations under section 1502 of the Code provide guidance regarding the treatment of transactions involving debt obligations and securities between members of a consolidated group, and involving the provision of insurance between mem- bers of a consolidated group. REG–105964–98 withdrawn. EMPLOYE EPLANS Notice 2 007–81, page 899. Interes t rate modifications; Pension Protection Act of 2006; ta rgeted segments.As required by section 430(h)(2) of the Co de, as added by the Pension Protection Act of 2006, the corp orate bond yield curve; the corporate bond yield curve with mo difications; and the methodology used to determine these y ield curves are set forth. In addition, this notice pro- vides g uidance in determining minimum present values under sectio n 417(e)(3). Notice 2007–82, page 904. Weighted average interest rate update; corporate bond indices; 30-year Treasury securities; segment rates. This notice contains updates for the corporate bond weighted average interest rate for plan years beginning in October 2007; the 24-month average segment rates; the funding transitional segment rates applicable for October 2007; and the minimum present value transitional rates for September 2007. ADMINISTRATIVE Announcement 2007–102, page 922. This document contains corrections to final regulations (T.D. 9340, 2007–36 I.R.B. 487) that provide updated guidance on section 403(b) contracts of public schools and tax-exempt or- ganizations described in section 501(c)(3). These regulations will affect sponsors of section 403(b) contracts, administra- tors, participants, and beneficiaries. Announcement 2007–103, page 923. This document contains corrections to final regulations (T.D. 9353, 2007–40 I.R.B. 721) relating to the application of sec- tion 1045 of the Code to partnerships and their partners. Actions Relating to Court Decisions is on the page following the Introduction. Ann ouncements of Disbarments and Suspensions begin on page 924. Finding Lists begin on page ii. Index for July through October 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. October 29, 20072007–44 I.R.B. Actions Relating to Decisions of the Tax Court It is the policy of the Internal Rev- enue Service to announce at an early date whether it will follow the holdings in cer- tain cases. An Action on Decision is the document making such an announcement. An Action on Decision will be issued at the discretion of the Service only on unap- pealed issues decided adverse to the gov- ernment. Generally, an Action on Decision is issued where its guidance would be help- ful to Service personnel working with the same or similar issues. Unlike a Treasury Regulation or a Revenue Ruling, an Action on Decision is not an affirmative statement of Service position. It is not intended to serve as public guidance and may not be cited as precedent. Actions on Decisions shall be relied upon within the Service only as conclu- sions applying the law to the facts in the particular case at the time the Action on Decision was issued. Caution should be exercised in extending the recommenda- tion of the Action on Decision to similar cases where the facts are different. More- over, the recommendation in the Action on Decision may be superseded by new legis- lation, regulations, rulings, cases, or Ac- tions on Decisions. Prior to 1991, the Service published acquiescence or nonacquiescence only in certain regular Tax Court opinions. The Service has expanded its acquiescence program to include other civil tax cases where guidance is determined to be help- ful. Accordingly, the Service now may acquiesce or nonacquiesce in the holdings of memorandum Tax Court opinions, as well as those of the United States District Courts, Claims Court, and Circuit Courts of Appeal. Regardless of the court decid- ing the case, the recommendation of any Action on Decision will be published in the Internal Revenue Bulletin. The recommendation in every Action on Decision will be summarized as ac- quiescence, acquiescence in result only, or nonacquiescence. Both “acquiescence” and “acquiescence in result only” mean that the Service accepts the holding of the court in a case and that the Service will follow it in disposing of cases with the same controlling facts. However, “ac- quiescence” indicates neither approval nor disapproval of the reasons assigned by the court for its conclusions; whereas, “acquiescence in result only” indicates disagreement or concern with some or all of those reasons. “Nonacquiescence” sig- nifies that, although no further review was sought, the Service does not agree with the holding of the court and, generally, will not follow the decision in disposing of cases involving other taxpayers. In reference to an opinion of a circuit court of appeals, a “nonacquiescence” indicates that the Service willnot follow the hold- ing on a nationwide basis. However, the Service will recognize the precedential impact of the opinion on cases arising within the venue of the deciding circuit. The Actions on Decisions published in the weekly Internal Revenue Bulletin are consolidated semiannually and appear in the first Bulletin for July and the Cumula- tive Bulletin for the first half of the year. A semiannual consolidation also appears in the first Bulletin for the following January and in the Cumulative Bulletin for the last half of the year. The Commissioner ACQUIESCES in the following decision: Roosevelt Wallace v. Commissioner 1 Docket Number: 4637–03 128 T.C. No. 11 (April 16, 2007). 1 Acquiescence relating to whether certain payments made by the Department of Veterans Affairs under the compensated work therapy program described in 38 U.S.C. section 1718 are exempt from federal income tax as veterans’ benefits. 2007–44 I.R.B.October 29, 2007 October 29, 20072007–44 I.R.B. Part III. Administrative, Procedural, and Miscellaneous Interest Rate Modification Notice 2007–81 This notice provides guidance on the corporate bond yield curve and the seg- ment rates required to compute the funding target and other items under § 430 of the Internal Revenue Code of 1986 (Code) and § 303 of the Employee Retirement Income Security Act of 1974 (ERISA). In addition, this notice provides guidance on the inter- est rates for determining minimum present values as required under § 417(e)(3) of the Code and § 205(g)(3) of ERISA. This notice implements changes to the funding rules and minimum present value require- ments made by sections 101, 102, 111, 112, and 302 of the Pension Protection Act of 2006, P.L. No. 109–280 (PPA). BACKGROUND AND PRIOR LAW Section 412 of the Code provides min- imum funding requirements that generally apply for defined benefit plans. Under § 412(b)(5)(A) prior to amendment by PPA, the funding standard account (and items therein) must be charged or credited with interest at the appropriate rate consis- tent with the rate or rates of interest used under the plan to determine costs. Section 412(b)(5)(B) prior to amend- ment by PPA provides rules for spec- ifying the interest rate that is used to determine a plan’s current liability for purposes of § 412(l) and for pur- poses of the minimum full funding lim- itation under § 412(c)(7)(E). Section 412(b)(5)(B)(ii)(III) prior to amendment provides that, for plan years beginning in 2004, 2005, 2006, and 2007, the interest rate used to determine current liability must not be above and must not be more than 10 percent below the weighted av- erage of the rates of interest on amounts invested conservatively in long-term in- vestment-grade corporate bonds during the 4-year period ending on the last day before the beginning of the plan year. Notice 2004–34, 2004–1 C.B. 848, spec- ified the corporate bond indices and the methodology for determining these corpo- rate bond rates. Section 417(e)(3) provides assumptions for determining minimum present values for certain purposes. For plan years begin- ning before 2008, the applicable interest rate for these purposes is the annual rate of interest on 30-year Treasury securities as prescribed by the Commissioner. PENSION PROTECTION ACT OF 2006 PPA makes extensive changes to the minimum funding requirements that gen- erally apply for plan years beginning on or after January 1, 2008. However, certain plans have delayed effective dates for these amendments provided under sections 104, 105, and 106 of PPA. Section 430 of the Code, added by sec- tion 112 of PPA, specifies the minimum funding requirements that apply to single employer plans pursuant to § 412 of the Code. Section 430(a) defines the mini- mum required contribution for a single em- ployer plan as the sum of the plan’s target normal cost and the shortfall and waiver amortization charges for the year. Under § 430(b), a plan’s target normal cost is gen- erally equal to the present value of all ben- efits expected to accrue or be earned un- der the plan during the plan year. Under § 430(d)(1), a plan’s funding target for a plan year is generally equal to the present value of all benefits accrued or earned un- der the plan as of the beginning of the plan year. Section 430(h)(2) specifies the inter- est rates that must be used to determine a plan’s target normal cost and funding tar- get. Under this provision, present value is generally determined using three inter- est rates (“segment rates”), each of which applies to cash flows during specified pe- riods. Each segment rate is, for any month, the single rate of interest determined by the Secretary for such month on the basis of the applicable corporate bond yield curve for that month, taking into account only that portion of such yield curve applicable to that segment. Section 430(h)(2)(D)(i) provides that the Secretary shall prescribe a corporate bond yield curve applicable for each month. The applicable corpo- rate bond yield curve is, with respect to any month, a yield curve which re- flects a 24-month average (the average of the yield curve values for the preced- ing month and the prior 23 months) of the yields on investment grade corporate bonds with varying maturities and that are in the top 3 quality levels available. Under § 430(h)(2)(D)(ii), an election may be made to use the corporate bond yield curve determined without regard to the 24-month averaging inlieuofthesegment rates. A transitional rule under § 430(h)(2)(G) applies for plan years starting in 2008 and 2009 (if the plan had its first plan year be- fore 2008). Under this rule, the 24-month average segment rates as computed above are blended with the corporate bond weighted average rates determined under § 412(b)(5)(B)(ii)(II) (prior to amend- ment). However, § 430(h)(2)(G)(iv) pro- vides that an election may be made to apply the 24-month average segment rates without applying the blended rates under the transitional rule of § 430(h)(2)(G). Generally, section 302(b) of PPA amends § 417(e)(3) of the Code to pro- vide that the interest rates used for the determination of minimum present val- ues are segment rates as computed under § 430(h)(2), but determined without re- gard to yield curve rates from the preced- ing 23 months. However, for plan years beginning in 2008, 2009, 2010, and 2011 these segment rates are blended with the applicable rate of § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning in 2007. This amendment is effective for plan years beginning after December 31, 2007. PPA provides conforming amend- ments to ERISA for the amendments to §§ 412, 417, and 430 of the Code. Section 430(h)(2)(F) provides that the Secretary shall publish each month the cor- porate bond yield curve and the rates de- scribed above. In addition, the Secretary shall publish a description of the method- ology used to determine such yield curve and such rates in sufficient detail to enable plans to make reasonable predictions re- garding the yield curve and rates for future months. DETERMINATION OF THE SEGMENT RATES The following methodology is estab- lished to determine the corporate bond yield curve and the segment rates. A yield curve is calculated for each business day 2007–44 I.R.B.899October 29, 2007 of the month based on investment grade corporate bonds in the top three quality levels. The construction of the yield curve for a given day is explained in Appendix A to this notice. This daily yield curve is expressed as the yield for a zero coupon bond at each maturity point from 1 /2year to 100 years, in 1 /2year intervals. The value at any maturity point of the monthly yield curve is set equal to the arithmetic average for all of the business days in a month of the values for that maturity point from the daily yield curves. The monthly yield curve then is the set of values for each of the 200 maturity points. The monthly corporate bond yield curve de- rived from August 2007 data is shown in Table I of Appendix B. The monthly cor- porate bond yield curve is the table which wouldbeusedifanelectionismadeunder § 430(h)(2)(D)(ii). The first segment rate applicable for a given month is the arithmetic average over the 10 maturity points from 1 /2year to 5 years of the applicable corporate bond yield curve. This is mathematically the same as the arithmetic average for the pre- ceding 24 months of the “spot” first seg- ment rates that can be developed from each of the monthly yield curves (as the arith- metic average over the 10 maturity points from 1 /2year to 5 years of those monthly yield curves) and this second approach has been used in order to facilitate presentation of the segment rates. Similarly, the sec- ond segment rate applicable for the given month is the arithmetic average for the pre- ceding 24 months of the spot second seg- ment rates for those months (where the spot second segment rate for a month is the arithmetic average over the 30 matu- rity points from 5 1 /2years to 20 years of the monthly yield curve). The third seg- ment rate applicable for the given month is the arithmetic average for the preced- ing 24 months of the spot third segment rates for those months (where the spot third segment rate for a month is the arithmetic average over the 80 maturity points from 20 1 /2years to 60 years of the monthly yield curve). These 24-month average seg- ment rates are the rates that would be ap- plicable if an election was made under § 430(h)(2)(G)(iv) not to use the transi- tional rule of § 430(h)(2)(G), or if a plan’s first plan year begins after 2007. The three 24-month average corporate bond segment rates applicable for September 2007 are as follows: 24-Month Average Segment Rates Applicable For September 2007 First Segment Second Segment Third Segment 5.265.826.38 The funding transitional segment rates determined under § 430(h)(2)(G) applica- ble for September 2007, taking into ac- count the corporate bond weighted average of 5.86 for September 2007 published in Notice 2007–68, 2007–35 I.R.B. 468, are as follows: Funding Transitional Segment Rates Applicable For September 2007 For Plan Years Beginning in First Segment Second Segment Third Segment 20085.665.856.03 INTEREST RATE FOR MINIMUM PRESENT VALUE Generally for plan years beginning after December 31, 2007, the applicable interest rates under § 417(e)(3) are seg- ment rates computed without regard to a 24-month average. These are the monthly spot segment rates. For plan years begin- ning in years 2008, 2009, 2010, and 2011, the applicable interest rate is the monthly spot segment rate blended with the ap- plicable rate under § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning in 2007, where the blending ratio depends on the plan year. The minimum present value transitional segment rates deter- mined under § 417(e)(3)(D) for August 2007, taking into account the August 2007 30-year Treasury rate of 4.93 published in Notice 2007–68, are as follows: Minimum Present Value Transitional Segment Rates For August 2007 For Plan Years Beginning in First Segment Second Segment Third Segment 20085.025.185.28 October 29, 20079002007–44 I.R.B. SUPPLEMENTAL INFORMATION The spot first, second, and third seg- ment rates for August 2007 are, respec- tively, 5.40, 6.20, and 6.66. The spot segment rates for each of the months from September 2005 through August 2007 are shown in Table II of Appendix B. These rates are preliminary values from which the 24-month average segment rates and the minimum present value transitional segment rates provided above can be de- rived. MONTHLY PUBLICATION OF RATES Each month, the Service publishes by notice the corporate bond weighted aver- age applicable for the current month as provided under § 412(b)(5)(B) prior to amendment by PPA and the 30-year Trea- sury rate as provided under § 417(e)(3). In the same notice, the Service will publish the monthly corporate bond yield curve of § 430(h)(2) derived from the preceding month (and the corresponding spot seg- ment rates), the 24-month average funding segment rates applicable for the current month, and the funding transitional seg- ment rates under the transition rule of § 430(h)(2)(G) applicable for the current month. In the same notice, the Service will also publish the minimum present value segment rates as required under the transi- tional rule provided in § 417(e)(3)(D). DRAFTING INFORMATION The principal author of this notice is Tony Montanaro of the Employee Plans, Tax Exempt and Government Entities Di- vision. However, other personnel from the Service and the Treasury Depart- ment participated in preparing this no- tice. Mr. Montanaro may be e-mailed at RetirementPlanQuestions@irs.gov. APPENDIX A The daily yield curve for a given day is constructed under methods and assumptions as described inthis section. The description applies to the methodology in use at the present time. Any significant changes in this methodology will be announced by notice. Data Set The following criteria are provided for identifying those bondsto be included in the database usedto construct the yield curve. The universe of possible bonds consists of a set of bonds which aredesignated as corporate, havehigh quality ratings (AAA, AA, or A) from nationally recognized statisticalrating organizations, and have at least $250 million in par amount outstanding on at least one day during the reporting period. The database is extended for maturities below 1 year by using AA financial and AA non-financial commercial paper rates, as reported by the Federal Reserve Board. The bonds chosen for the bond set pay fixed nominal semiannual coupons and the principal amount at maturity. Bonds with different or additional characteristics are generally excluded. The main exclusions are: (1) bonds not denominated in U.S. dollars; (2) bonds not issued by U.S. corporations; (3) bonds which are capital securities (hybrid preferred stock); (4) bonds having variable coupon rates; (5) convertible bonds; (6) “Agency” bonds, such as FNMA bonds; (7) asset-backed bonds; (8) callable bonds unless thecall feature is make-whole; (9) putable bonds; and (10) bonds with sinking funds. In addition, a bond is excluded from use with respect to a given day if the bond has for that day: (1)aparamountoutstanding below $250 million; (2) a maturity greater than 30 years; or (3) a rating below A. These criteria leave about 1,400 bonds in each daily set of bonds.For each day, the database information for each bond includes the bid price (for commercial paper, it is the ask price), coupon rate, maturity, par amount outstanding, and ratings. 2007–44 I.R.B.901October 29, 2007 Derivation of the Yield Curve The daily yield curve is derived from a pricing model that givesthe price of a bond as the discounted present value of its cash flows plus adjustment factors for credit quality. The results of the model generate a discount function, and the rates for the daily yield curve are calculated from the discount function. The discount function is derived from the daily determination of the instantaneous forward interest rates for each point in the future. Derivation of Forward Interest Rates The forward interest rates are assumed to be described as a series of cubic polynomials that are smoothly joined at specified knot points. The specified knot points are maturities of 0, 1.5, 3, 7, 15, and 30 years, and having a smooth junction at a knot means that the two polynomials that are meeting at the knot have the same value, the same derivative, and the same second derivative at that knot point. Such a series of cubic polynomials is called a cubic spline. Three constraints are placed on the forward interest rate function. First, the second derivativeof the function is set to zero at maturity zero. Second, the value of the forward rate function at and after 30 years is constrained to equal its average value from 15 to 30 years. Third, the derivative of the forward rate function is set to zero at maturity 30 years. Using these constraints, the assumed cubic spline for the forward interest rate function can be described as a linear combination of B-splines, with five parameters. Thus, the daily forward rate function can be defined by determining the five daily parameters for the B-splines. These parameters, together with two adjustment factors described below, are estimated from the bond data. Adjustment Factors for Credit Quality In the pricing model, the adjustment factors for credit quality are added to the present value of the bond’s cash flows as given by the forward rate and the discount function. Specifically, the adjustment factors are made up of two linear regression variables added to the present value with two respective regression coefficients that need to be estimated. These variables adjust the bond prices so that the discount function and the spot rates represent market-weighted average credit quality of the top three quality levels (AAA, AA, and A). Specifically, some of the deviation between the predicted price for the bond (based on the cash flows and the discount function) and the actual price for the bond can be attributed to differences in credit quality and some of the deviation is an error factor. The model determines the portion of the deviation that is attributable to credit quality by determining the two adjustment factors that reflect the relative proportion of A-rated bonds within the data set and the relative proportion of AA-rated bonds within the subset of AA- and AAA-rated bonds. A high proportion of A-rated bonds results in a larger deviation in price for the higher quality bonds, which means that the discount function used to develop the yield curveismorecloselyalignedwithadiscount function for A-rated bonds than for the higher rated bonds. Similarly, a higher proportion of AA-rated bonds within the subset of AA- and AAA-rated bonds means that the discount function is more representative of the AA-rated universe than the AAA-rated bonds. These adjustment factors allow the yield curve to be based on the proportion of bonds at the three quality levels in the market determined over the entire maturity spectrum (rather than on the proportion at each specific maturity point). This avoids potential distortions which could arise because of different proportions of bonds at the three quality levels at various maturity points. Estimates for the parameters These seven parameters, comprising five parameters in the cubic spline and the two adjustment coefficients on the bond-quality adjustment variables, are estimated fromthe bond price data. The estimation is done by nonlinear least squares, that is, the seven parameter estimates are chosen to minimize the sum of the squareddifferences between the actual bond prices and the prices given by the bond price model. Before the estimation is carried out, the bond data are weighted. The weighting consists of two stages. In the first stage, equal weights are assigned to the commercial paper rates at the short end of the curve, and the par amounts outstanding of all the bonds are rescaled so that their sum equals the sum of the weights for commercial paper. Then, the squared price difference for each bond is multiplied by the bond’s rescaledpar amount outstanding, and the squared difference for each commercial paper rate is multiplied by the commercial paper weight. In the second stage, for bonds with duration greater than 1, the weighted squared price difference for each bond from the first stage is divided by duration. Additional Information Additional background information regarding the daily corporate bond yield curve can be found at the following URL: http://www.ustreas.gov/offices/economic-policy/reports/corporate_yield_curve_2007.pdf Other developmental papers on the corporate bond yield curve can be found at the following URL: http://www.ustreas.gov/offices/economic-policy/speeches_testimony_refund.shtml October 29, 20079022007–44 I.R.B. APPENDIX B Table I Monthly Yield Curve Derived From August 2007 Data Maturity YieldMaturity YieldMaturity YieldMaturity YieldMaturity Yield 0.55.4720.56.4940.56.6860.56.7580.56.78 1.05.3721.06.5041.06.6961.06.7581.06.78 1.55.2921.56.5141.56.6961.56.7581.56.78 2.05.2622.06.5142.06.6962.06.7582.06.78 2.55.2822.56.5242.56.6962.56.7582.56.79 3.05.3323.06.5343.06.7063.06.7583.06.79 3.55.4023.56.5443.56.7063.56.7683.56.79 4.05.4724.06.5544.06.7064.06.7684.06.79 4.55.5424.56.5544.56.7064.56.7684.56.79 5.05.6225.06.5645.06.7065.06.7685.06.79 5.55.6925.56.5745.56.7165.56.7685.56.79 6.05.7526.06.5746.06.7166.06.7686.06.79 6.55.8126.56.5846.56.7166.56.7686.56.79 7.05.8627.06.5847.06.7167.06.7687.06.79 7.55.9127.56.5947.56.7167.56.7687.56.79 8.05.9528.06.5948.06.7168.06.7688.06.79 8.56.0028.56.6048.56.7268.56.7788.56.79 9.06.0429.06.6049.06.7269.06.7789.06.79 9.56.0729.56.6149.56.7269.56.7789.56.79 10.06.1130.06.6150.06.7270.06.7790.06.79 10.56.1430.56.6250.56.7270.56.7790.56.79 11.06.1731.06.6251.06.7271.06.7791.06.79 11.56.1931.56.6351.56.7371.56.7791.56.79 12.06.2232.06.6352.06.7372.06.7792.06.80 12.56.2432.56.6352.56.7372.56.7792.56.80 13.06.2733.06.6453.06.7373.06.7793.06.80 13.56.2933.56.6453.56.7373.56.7793.56.80 14.06.3134.06.6554.06.7374.06.7794.06.80 14.56.3334.56.6554.56.7374.56.7794.56.80 15.06.3435.06.6555.06.7475.06.7895.06.80 15.56.3635.56.6655.56.7475.56.7895.56.80 16.06.3836.06.6656.06.7476.06.7896.06.80 16.56.3936.56.6656.56.7476.56.7896.56.80 17.06.4137.06.6657.06.7477.06.7897.06.80 17.56.4237.56.6757.56.7477.56.7897.56.80 18.06.4338.06.6758.06.7478.06.7898.06.80 18.56.4438.56.6758.56.7578.56.7898.56.80 19.06.4639.06.6859.06.7579.06.7899.06.80 19.56.4739.56.6859.56.7579.56.7899.56.80 20.06.4840.06.6860.06.7580.06.78100.06.80 2007–44 I.R.B.903October 29, 2007 Table II Historical Spot Segment Rates M onthYear First S egment Second S egment Third S egment September20054.445.236.05 October20054.785.506.27 November20054.955.606.34 December20054.965.546.24 January20064.965.496.14 February20065.195.616.09 March20065.275.776.31 April20065.436.066.67 May20065.526.196.79 June20065.676.216.78 July20065.676.196.75 August20065.465.986.59 September20065.325.816.42 October20065.335.816.36 November20065.255.646.07 December20065.165.606.09 January20075.355.786.22 February20075.315.766.13 March20075.135.686.19 April20075.235.816.34 May20075.325.856.32 June20075.586.216.61 July20075.536.226.60 August20075.406.206.66 Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates Notice 2007–82 This notice provides guidance as to the corporate bond weighted average interest rate and the permissible range of interest rates specified under § 412(b)(5)(B)(ii)(II) of the Internal Revenue Code. It also provides guidance on the corporate bond monthly yield curve (and the correspond- ing spot segment rates), the 24-month av- erage segment rates, and the funding tran- sitional segment rates under § 430(h)(2). In addition, this notice provides guidance as to the interest rate on 30-year Treasury securities under § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008, and the minimum present value seg- ment rates under § 417(e)(3)(D) as in effect for plan years beginning after 2007. CORPORATE BOND WEIGHTED AVERAGE INTEREST RATE Sections412(b)(5)(B)(ii)and 412(l)(7)(C)(i), as amended by the Pen- sion Funding Equity Act of 2004 and by the Pension Protection Act of 2006 (PPA), provide that the interest rates used to cal- culate current liability and to determine the required contribution under § 412(l) for plan years beginning in 2004 through 2007 must be within a permissible range based on the weighted average of the rates of interest on amounts invested conser- vatively in long term investment grade corporate bonds during the 4-year period October 29, 20079042007–44 I.R.B. ending on the last day before the beginning of the plan year. Notice 2004–34, 2004–1 C.B. 848, pro- vides guidelines for determining the cor- porate bond weighted average interest rate and the resulting permissible range of in- terest rates used to calculate current liabil- ity. That notice establishes that the corpo- rate bond weighted average is based on the monthly composite corporate bond rate de- rived from designated corporate bond in- dices. The methodology for determining the monthly composite corporate bond rate as set forth in Notice 2004–34 continues to apply in determining that rate. See Notice 2006–75, 2006–36 I.R.B. 366. The composite corporate bond rate for September 2007 is 6.23 percent. Pursuant to Notice 2004–34, the Service has de- termined this rate as the average of the monthly yields for the included corporate bond indices for that month. The following corporate bond weighted average interest rate was determined for plan years beginning in the month shown below. For Plan Years Beginning inPermissible Range MonthYear Corporate Bond Weighted Average90%to100% October20075.885.295.88 YIELD CURVE AND SEGMENT RATES Generally for plan years beginning after 2007 (except for delayed effective dates for certain plans under sections 104, 105, and 106 of PPA), § 430 of the Code specifies the minimum funding require- ments that apply to single employer plans pursuant to § 412. Section 430(h)(2) spec- ifies the interest rates that must be used to determine a plan’s target normal cost and funding target. Under this provision, present value is generally determined us- ing three 24-month average interest rates (“segment rates”), each of which applies to cash flows during specified periods. However, an election may be made under § 430(h)(2)(D)(ii) to use the monthly yield curve in place of the segment rates. For plan years beginning in 2008 and 2009, a transitional rule under § 430(h)(2)(G) pro- vides that the segment rates are blended with the corporate bond weighted average as specified above. An election may be made under § 430(h)(2)(G)(iv) to use the segment rates without applying the transi- tional rule. Notice 2007–81, this Bulletin, provides guidelines for determining the monthly corporate bond yield curve, the 24-month average corporate bond segment rates, and the funding transitional segment rates used to compute thetarget normal cost and the funding target. Pursuant to No- tice 2007–81, the monthly corporate bond yield curve derived from September 2007 data is in Table I at the end of this notice. The spot first, second, and third segment rates for the month of September 2007 are, respectively, 5.28, 6.12, and 6.55. The three 24-month average corporate bond segment rates applicable for October 2007 under the election of § 430(h)(2)(G)(iv) are as follows: First Segment Second Segment Third Segment 5.295.866.40 The transitional segment rates under § 430(h)(2)(G) applicable for October 2007, taking into account the corporate bond weighted average of 5.88 stated above, are as follows: For Plan Years Beginning in First Segment Second Segment Third Segment 20085.685.876.05 30-YEAR TREASURY SECURITIES INTEREST RATE Section 417(e)(3)(A)(ii)(II) (prior to amendment by PPA) defines the appli- cable interest rate, which must be used for purposes of determining the minimum present value of a participant’s benefit under § 417(e)(1) and (2), as the annual rate of interest on 30-year Treasury se- curities for the month before the date of distribution or such other time as the Secretary may by regulations prescribe. Section 1.417(e)–1(d)(3) of the Income Tax Regulations provides that the applica- bleinterestrateforamonthistheannual rate of interest on 30-year Treasury secu- rities as specified by the Commissioner for that month in revenue rulings, notices or other guidance published in the Internal Revenue Bulletin. The rate of interest on 30-year Treasury securities for September 2007 is 4.79 per- cent. The Service has determined this rate as the monthly average of the daily deter- mination of yield on the 30-year Treasury bond maturing in May 2037. 2007–44 I.R.B.905October 29, 2007 MINIMUM PRESENT VALUE SEGMENT RATES Generally for plan years beginning after December 31, 2007, the applicable interest rates under § 417(e)(3)(D) are segment rates computed without regard to a 24 month average. For plan years beginning in 2008 through 2011, the ap- plicable interest rate is the monthly spot segment rate blended with the applica- ble rate under § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning in 2007. Notice 2007–81 provides guidelines for determining the minimum present value segment rates. Pursuant to that notice, the minimum present value transitional segment rates determined for September 2007, taking into account the September 2007 30-year Treasury rate of 4.79 stated above, are as follows: For Plan Years Beginning in First Segment Second Segment Third Segment 20084.895.065.14 DRAFTING INFORMATION The principal author of this notice is Tony Montanaro of the Employee Plans, Tax Exempt and Government Entities Di- vision. Mr. Montanaro may be e-mailed at RetirementPlanQuestions@irs.gov. October 29, 20079062007–44 I.R.B. Table I Monthly Yield Curve for September 2007 Maturity YieldMaturity YieldMaturity YieldMaturity YieldMaturity Yield 0.55.3020.56.4040.56.5760.56.6380.56.66 1.05.2121.06.4141.06.5761.06.6381.06.66 1.55.1621.56.4241.56.5861.56.6381.56.66 2.05.1422.06.4242.06.5862.06.6382.06.66 2.55.1622.56.4342.56.5862.56.6382.56.66 3.05.2223.06.4443.06.5863.06.6383.06.66 3.55.2923.56.4443.56.5863.56.6483.56.66 4.05.3724.06.4544.06.5964.06.6484.06.66 4.55.4524.56.4644.56.5964.56.6484.56.66 5.05.5325.06.4645.06.5965.06.6485.06.66 5.55.6025.56.4745.56.5965.56.6485.56.66 6.05.6626.06.4746.06.5966.06.6486.06.66 6.55.7226.56.4846.56.5966.56.6486.56.67 7.05.7827.06.4847.06.6067.06.6487.06.67 7.55.8327.56.4947.56.6067.56.6487.56.67 8.05.8828.06.4948.06.6068.06.6488.06.67 8.55.9228.56.5048.56.6068.56.6488.56.67 9.05.9629.06.5049.06.6069.06.6489.06.67 9.56.0029.56.5149.56.6069.56.6489.56.67 10.06.0430.06.5150.06.6070.06.6590.06.67 10.56.0730.56.5150.56.6170.56.6590.56.67 11.06.1031.06.5251.06.6171.06.6591.06.67 11.56.1331.56.5251.56.6171.56.6591.56.67 12.06.1532.06.5252.06.6172.06.6592.06.67 12.56.1832.56.5352.56.6172.56.6592.56.67 13.06.2033.06.5353.06.6173.06.6593.06.67 13.56.2233.56.5353.56.6173.56.6593.56.67 14.06.2434.06.5454.06.6274.06.6594.06.67 14.56.2634.56.5454.56.6274.56.6594.56.67 15.06.2735.06.5455.06.6275.06.6595.06.67 15.56.2935.56.5555.56.6275.56.6595.56.67 16.06.3036.06.5556.06.6276.06.6596.06.67 16.56.3236.56.5556.56.6276.56.6596.56.67 17.06.3337.06.5557.06.6277.06.6597.06.67 17.56.3437.56.5657.56.6277.56.6697.56.67 18.06.3538.06.5658.06.6278.06.6698.06.67 18.56.3638.56.5658.56.6378.56.6698.56.68 19.06.3739.06.5659.06.6379.06.6699.06.68 19.56.3839.56.5759.56.6379.56.6699.56.68 20.06.3940.06.5760.06.6380.06.66100.06.68 2007–44 I.R.B.907October 29, 2007 Part IV. Items of General Interest Notice of Proposed Rulemaking and Withdrawal of Proposed Regulations Consolidated Returns; Intercompany Obligations REG–107592–00; REG–105964–98 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking and withdrawal of proposed regulations. SUMMARY: This document contains pro- posed regulations that provide guidance regarding the treatment of transactions in- volving obligations between members of a consolidated group and the treatment of transactions involving the provision of in- surance between members of a consoli- dated group. The regulations will affect corporations filing consolidated returns. DATES: Written or electronic comments and requests for a public hearing must be received by December 27, 2007. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG–107592–00), room 5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, Washing- ton, DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG–107592–00), Courier’s Desk, Internal Revenue Ser- vice, 1111 Constitution Avenue, NW, Washington, DC, or sent electroni- cally via the Federal eRulemaking Por- tal athttp://www.regulations.gov(IRS REG–107592–00). FOR FURTHER INFORMATION CONTACT: Concerning submissions of comments and/or requests for a public hearing, Kelly Banks (202) 622–7180; concerning the proposed regulations, Frances L. Kelly (202) 622–7770 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background On July 18, 1995, final regulations (T.D. 8597, 1995–2 C.B. 147) under §1.1502–13 were published in theFed- eral Register[60 FR 36671], amending the intercompany transaction system of the consolidated return regulations. These final regulations included rules under §1.1502–13(e) governing the treatment of insurance transactions between members of a consolidated group and rules under §1.1502–13(g) governing the treatment of obligations between members of a consol- idated group (the Current Regulations). On December 21, 1998, a notice of proposed rulemaking (REG–105964–98, 1999–1 C.B. 810) was published in the Federal Register[63 FR 70354], which proposed amendments to the intercom- pany obligation rules of §1.1502–13(g) (the 1998 Proposed Regulations). After consideration of comments received re- garding the Current Regulations and the 1998 Proposed Regulations, the IRS and the Treasury Department believe that the rules governing the treatment of inter- company obligations need to be revised. Accordingly, the IRS and the Treasury Department are withdrawing the 1998 Proposed Regulations and issuing these new proposed regulations in their place. However, for purposes of determining the tax treatment of transactions undertaken prior to the finalization of these proposed regulations, taxpayers may continue to rely upon the form and timing of the re- cast transaction, as clarified by the 1998 Proposed Regulations. In addition, the IRS and the Treasury Department proposeto revise certain of the rules under §1.1502–13(e) that apply to intercompany transactions involving the provision of insurance between group members. Explanation of Provisions I.Intercompany Obligation Regulations A.General application Section 1.1502–13(g) prescribes rules relating to the treatment of transactions in- volving intercompany obligations. An in- tercompany obligation is generally defined as an obligation between members of a consolidated group, but only for the period during which both the creditor and debtor are members of the group. Section 1.1502–13(g) can apply to three types of transactions: (1) transac- tions in which an obligation between a group member and a nonmember becomes an intercompany obligation, such as the purchase by a consolidated group member of another member’s debt from a non- member creditor or the acquisition by a consolidated group member of stock of a nonmember creditor or debtor (inbound transactions); (2) transactions in which an intercompany obligation ceases to be an intercompany obligation, such as the sale by a creditor member of another member’s debt to a nonmember or the deconsolida- tion of either the debtor or creditor member (outbound transactions); and (3) transac- tions in which an intercompany obligation is assigned or extinguished within the con- solidated group (intragroup transactions). B.The deemed satisfaction-reissuance model — Current Regulations and 1998 Proposed Regulations For all three types of transactions — inbound, outbound, and intragroup — the Current Regulations and the 1998 Proposed Regulations generally provide that an obligation is treated as satisfied and, if the obligation remains outstanding, reissued as a new obligation (the deemed satisfaction-reissuance model). These regulations are intended to minimize the effects of intercompany obligations on a consolidated group’s taxable income. For inbound transactions, the deemed satisfaction-reissuance model mirrors the mechanics and single-entity policies un- derlying the section 108(e)(4) regulations. However, in contrast to those regulations, October 29, 20079082007–44 I.R.B. the deemed satisfaction-reissuance model also applies to obligations acquired for a premium and governs the treatment of the creditor as well as the debtor. For outbound transactions, the deemed satisfaction-reissuance model furthers sin- gle-entity treatment by treating a consol- idated group as a single issuer, and an intercompany obligation acquired or as- sumed by a nonmember as newly-issued debt. Thus, if a nonmember purchases an intercompany obligation at a discount, the nonmember will be treated as having ac- quired a new instrument with original is- sue discount to which section 1272 applies rather than market discount to which sec- tions 1276 through 1278 apply. For all three types of transactions, the deemed satisfaction-reissuance model preserves the location of a creditor and debtor member’s items from an intercom- pany obligation, matches the timing of such items, and ensures that future items of original issue discount or premium between the creditor and debtor will simi- larly correspond in amount and timing. Since the issuance of the 1998 Proposed Regulations, the IRS and the Treasury De- partment have considered whether, with respect to intragroup transactions, the ob- jectives of §1.1502–13(g) could be better accomplished without a deemed satisfac- tion-reissuance model, and could instead be achieved solely through the matching and acceleration principles of §1.1502–13. After considering this approach, it was de- termined that specialrules (in addition to the matching rule of §1.1502–13(c) and the acceleration rule of §1.1502–13(d)) would be necessary to ensure that transactions in- volving intercompany obligations clearly reflect consolidated taxable income. For example, if an intercompany obligation is sold to another member, the special rules and elections of the various debt regimes (that is, the rules for original issue dis- count, market discount, and acquisition premium) would have to be reconciled with the intercompany transaction rules through coordinating adjustments among the selling creditor, debtor, buying credi- tor, and any subsequent member creditors. The IRS and the Treasury Department have concluded that the deemed satisfac- tion-reissuance model is preferable to the complexity inherentin any such special rules. Nonetheless, the IRS and the Treasury Department also have concluded that the deemed satisfaction-reissuance model can be improved in several respects. First, with respect to intragroup and outbound trans- actions, the mechanics of the model can be simplified and the amount for which an intercompany obligation is satisfied and reissued can be clarified. Second, the ap- plication of the model can be limited to those transactions for which its purposes are essential. Accordingly, these proposed regulations provide several exceptions to the application of the deemed satisfaction- reissuance model. With respect to inbound transactions, the IRS and the Treasury Department have concluded that the mechanics of the deemed satisfaction-reissuance model and its application produce appropriate results and, therefore, no change has been proposed (except for the addition of a sub- group exception described in part I.H. of this preamble). C.Revised deemed satisfaction-reissuance model for intragroup and outbound transactions 1.Simplified mechanics Under the Current Regulations, and as revised under the 1998 Proposed Regula- tions, the mechanics of the deemed satis- faction and reissuance model are the same for both intragroup and outbound trans- actions. These mechanics generally treat an intercompany obligation as satisfied be- fore an intragroup or outbound transaction and, if the obligation remains outstanding, reissued immediately after the transaction. Because these mechanics may affect the treatment of the actual transaction, they create uncertainties that have raised con- cerns among taxpayers. To address these concerns, these pro- posed regulations adopt new and more pre- cise mechanics for the application of the deemed satisfaction-reissuance model to certain intragroup and outbound transac- tions (or “triggering transactions” as de- scribed in part I.D. of this preamble). In general, the new model deems the follow- ing sequence of events to occur immedi- ately before, and independently of, the ac- tual transaction: (1) the debtor is deemed to satisfy the obligation for a cash amount equal to the obligation’s fair market value; and (2) the debtor is deemed to immedi- ately reissue the obligation to the original creditor for that same cash amount. The parties are then treated as engaging in the actual transaction but with the new obliga- tion. For example, assume that S holds a Bnotewithanadjustedissuepriceandba- sis of $100 and a fair market value of $70, and that S sells the B note to nonmember X for $70. Under the new deemed sat- isfaction-reissuance model, B is deemed, immediately before the sale to X, to sat- isfy the note for its fair market value of $70, resulting in $30 of cancellation of in- debtedness income for B and $30 of loss for S (which is treated as ordinary loss under the attribute redetermination rule of §1.1502–13(c)(4)(i)). B is then treated as reissuingtoSanewnotewithidentical terms for $70 and S is treated as selling this new note to X. By separating the deemed satisfaction and reissuance from the actual transac- tion in which the obligation is transferred, the new model avoids confusion regard- ing whether or how the deemed satisfac- tion proceeds are integrated with the ac- tual transaction. The new model operates to trigger all built-in items arising from the obligation, and then reissue the obligation with an issue price equal to its basis (and generally, its fair market value) before the actual transaction. Thus, no further gain, loss, income, or deduction with respect to the obligation will result from the actual transaction. In the example above, because S has a basis in the new B note of $70, S recognizes no gain or loss in the actual sale of the note to X, and X acquires the new B note with original issue discount of $30. See section 1278(a)(2)(B) (co- ordination where bond has original issue discount). After the obligation is deemed satisfied and reissued, the occurrence of the actual transaction does not result in an additional deemed satisfaction and reis- suance. 2.The deemed satisfaction-reissuance amount The Current Regulations and the 1998 Proposed Regulations provide that the deemed satisfaction and reissuance amount generally should be determined using the original issue discount prin- ciples of sections 1273 and 1274. The IRS and the Treasury Department have 2007–44 I.R.B.909October 29, 2007 concluded, however, that for transactions where it is appropriate to require a deemed satisfaction and reissuance, the deemed satisfaction and reissuance amount gen- erally should be equal to the obligation’s fair market value. The IRS and the Treasury Depart- ment acknowledge the inherent diffi- culty in valuing intercompany obligations. Nonetheless, the use of fair market value pricing more accurately preserves the lo- cation of a creditor and debtor member’s items from an intercompany obligation and results in less distortion of the mem- bers’ income, particularly where the issue price and value of the obligation dif- fer significantly. Furthermore, in many transactions to which the deemed satis- faction-reissuance model applies under these proposed regulations, the group will often be required to determine the fair market value of the intercompany obliga- tion because there is a taxable exchange of property for which the appropriate amount of gain or loss must be determined under general Internal Revenue Code (Code) principles. Accordingly, the IRS and the Treasury Department generally believe that requiring a deemed satisfaction and reissuance at fair market value will not be overly burdensome. However, these proposed regulations also provide that where the creditor’s amount realized with respect to the in- tercompany obligation in the transaction differs from the fair market value of the obligation, and the transaction is not an intragroup exchange of an intercompany obligation for a newly issued intercom- pany obligation, the deemed satisfaction and reissuance amount is the amount re- alized. For example, the amount realized with respect to an intercompany obligation may differ from fair market value if the creditor sells the obligation in a transac- tion to which section 1060 applies. In such cases, the use of amount realized rather than fair market value as the satisfaction amount for the deemed satisfaction and reissuance ensures that no additional items with respect to the obligation will result from the actual transaction. If the transaction is an intragroup ex- change of an intercompany obligation for a newly issued intercompany obligation, these proposed regulations provide that the obligation is deemed satisfied and reissued for its fair market value. In addition, for all such intragroup debt exchanges (other than routine intragroup debt modifications as discussed in part I.D.4 of this preamble), the newly issued obligation will be treated as having an issue price equal to its fair market value. In addition, if a member’s amount real- ized with respect to an intercompany obli- gation results from a mark to fair market value under section 475, then the obliga- tion will be treated as satisfied and reis- sued under these regulations but will not otherwise be marked to fair market value under section 475 immediately thereafter. Because the deemed satisfaction and reis- suance causes all built-in items from the obligation to be recognized, there is no need for an additional mark to fair mar- ket value under section 475. However, the rules of section 475 will continue to apply to the newly-reissued obligation with re- spect to future events. These proposed regulations do not provide specific rules for intercompany obligations that are not debt instruments. The regulations generally provide that the principles applied to debt instruments will similarly apply (with appropriate adjust- ments) to such non-debt instruments. The IRS and the Treasury Department request comments on whether additional rules are needed for such instruments. D.Limitations on the application of the deemed satisfaction-reissuance model to intragroup transactions The Current Regulations and the 1998 Proposed Regulations apply the deemed satisfaction-reissuance model to intra- group transactions in which a member realizes an amount (under the Current Regulations, an amount of income, gain, deduction, or loss, other than zero) with respect to an intercompany obligation from the assignment or extinguishment of all or part of its remaining rights or obli- gations under the intercompany obligation (or from a comparable transaction). These proposed regulations generally retain the deemed satisfaction-reissuance model for such intragroup transactions. Specifically, these proposed regulations apply the model upon a “triggering trans- action,” which is defined as any inter- company transaction in which a member realizes an amount, directly or indirectly, from the assignment or extinguishment of all or part of its remaining rights or obli- gations under an intercompany obligation (or from a comparable transaction). How- ever, in recognition of the administrative burden involved in valuing intercompany obligations in certain transactions and in order to limit the effects of §1.1502–13(g) on certain routine intragroup transactions involving intercompany obligations (such as an intragroup merger of one member into another), these proposed regulations provide a number of exceptions from the application of the deemed satisfaction and reissuance model (subject to the material tax benefit rule described in part I.E. of this preamble). In general, and as further described in this preamble, the IRS and the Trea- sury Department have sought to apply the deemed satisfaction-reissuance model only to those intragroup transactions that have the greatest potential to create distor- tions of consolidated taxable income and to exclude those transactions where the administrative burdens of either requiring precise valuation of intercompany obliga- tions or requiring the additional mechan- ics of the deemed satisfaction-reissuance model outweigh the benefits of increased precision. The IRS and the Treasury De- partment request comments as to whether some or all of these exceptions are ap- propriate, as well as suggestions for other exceptions. 1.Intragroup sections 332, 351, and 361 exchanges Under these proposed regulations, and subject to the material tax benefit rule as described in part I.E. of this preamble, as- signments of intercompany obligations in certain intragroup nonrecognition transac- tions are excepted from the application of the deemed satisfaction-reissuance model. These transactions include transfers and assumptions of intercompany obligations in intragroup exchanges to which sec- tion 332 or section 361 apply if neither the creditor nor the debtor recognizes an amount of income, gain, deduction, or loss in the transaction, or in intragroup ex- changes to which section 351 applies if no such amount is recognized by the creditor. October 29, 20079102007–44 I.R.B. 2.Intragroup taxable assumption transactions These proposed regulations also pro- vide an exception to the application of the deemed satisfaction-reissuance model for taxable intragroup sales of assets where intercompany obligations are assumed as part of the transaction. Where indebted- ness is assumed incident to a sale of as- sets, in most cases, the location of gain or loss from an intercompany obligation is appropriately reflected in increased or re- duced sales proceeds for the assets. Such transactions generally present less poten- tial for distortion of consolidated taxable income. Accordingly, subject to the ma- terial tax benefit rule as described in part I.E. of this preamble, the regulations do not require a deemed satisfaction and reis- suance where an intercompany obligation is assumed in a taxable intragroup sale of assets. 3.Intragroup extinguishments — in general These proposed regulations except from the application of the deemed-satis- faction reissuance model many intragroup transactions in which an intercompany obligation is extinguished. In general, where an intercompany obligation is ex- tinguished, the Code and regulations will cause the creditor and debtor to recognize their respective items from the obligation, and thus, preserve the location of such items. In such cases, a deemed satisfac- tion-reissuance model is not necessary. Thus, under these proposed regulations and subject to the material tax benefit rule as described in part I.E. of this pream- ble, the deemed satisfaction-reissuance model does not apply where the adjusted issue price of the obligation is equal to the creditor’s basis in the obligation and the creditor’s and debtor’s items from the ex- tinguishment transaction offset in amount. These proposed regulations provide that certain Code provisions, such as section 108(a) and section 354 are in- applicable to gains and losses from in- tercompany obligations (and clarify that section 355(a)(1) is also inapplicable to such gains and losses). Turning off these provisions ensures single entity treatment by correcting mismatches that occur under the Code (where, for instance, a debtor has discharge of indebtedness income from the retirement of a security but the creditor’s corresponding loss is not recognized) and requiring immediate recognition of both the debtor’s and the creditor’s items. The Current Regulations and the 1998 Pro- posed Regulations also provide that these Code provisions are inapplicable in many circumstances. In the context of extinguishment trans- actions, the “turn-off” rule in these pro- posed regulations is applied first to deter- mine whether the transaction is a trigger- ing transaction. Because the rule imposes symmetrical treatment of the debtor and the creditor and requires that each member recognize their respective items, in many cases, the debtor’s and creditor’s items will offset in amount and the exception described above will apply. For example, assume a note with an adjusted issue price and basis of $100 is extinguished in a fully taxable transaction for $20 and that the debtor’s cancellation of indebtedness in- come would otherwise be excluded under section 108(a). Because the turn-off rule makes section 108(a) inapplicable, the creditor’s $80 loss and the debtor’s $80 of cancellation of indebtedness income will offset in amount and the extinguish- ment transaction will not be subject to the deemed satisfaction and reissuance model. However, the deemed satisfaction-reis- suance model will continue to apply in those cases where, after taking into ac- count the above-described “turn-off” rule, the creditor’s and debtor’s items from the transaction do not offset in amount. In these cases, depending upon the cir- cumstances, the net amount of income, gain, loss, or deduction from the inter- company obligationmayormaynotbe redetermined, under the principles of §1.1502–13(c)(1), to be excluded from gross income or treated as a noncapital, nondeductible amount. 4.Routine intragroup modifications of intercompany obligations In general, the exchange of intercom- pany debt for newly issued intercompany debt presents a high potential for dis- tortion of consolidated taxable income. Accordingly, these proposed regulations apply the deemed satisfaction-reissuance model at fair market value to such intra- group exchanges and generally provide that the newly issued obligation will be treated as issued for its fair market value. However, in order to avoid requiring val- uation of intercompany obligations in routine debt modifications, the proposed regulations provide an exception for cer- tain debt-for-debt exchanges involving a single issuer, subject to the material tax benefit rule as described in part I.E. of this preamble. Thus, if a member’s inter- company debt is extinguished in exchange (or deemed exchange) for the member’s newly issued intercompany debt, and the issue price of the new debt is equal to both the adjusted issue price and basis of the extinguished debt, the deemed satis- faction-reissuance model does not apply (and the newly issued debt is not treated as issued for its fair market value). 5.Other exceptions for intragroup transactions These proposed regulations retain the exceptions in the Current Regulations for transactions involving an obligation that became an intercompany obliga- tion by reason of an event described in §1.108–2(e), and for amounts realized from reserve accounting under section 585. However, consistent with the 1998 Proposed Regulations, these proposed regulations do not include the exception in the Current Regulations for transactions in which the deemed satisfaction and reis- suance will not have a significant effect on any person’s Federal income tax liability for any year. E.Material tax benefit rule Although these proposed regulations provide exceptions to the deemed satis- faction-reissuance model, the IRS and the Treasury Department remain concerned that the shifting of built-in items from intercompany obligations can give rise to significant potential for distortion. In- tercompany obligations present special concerns because debt between members never increases or diminishes the wealth of the group (one member’s economic gain is matched by the other’s economic loss) and because, in comparison to other types of property, they can be easily created, transferred, modified, and extinguished within the group at little or no economic cost. 2007–44 I.R.B.911October 29, 2007 Therefore, in order to prevent dis- tortions that may result from the shift- ing of built-in items from intercompany obligations, these proposed regulations include a special rule (the material tax benefit rule) that applies to intragroup transactions otherwise excepted from the deemed satisfaction-reissuance model un- der the exceptions forcertain intragroup nonrecognition exchanges, taxable as- sumption transactions, extinguishment transactions, and routine debt modifica- tions as described in parts I.D.1, 2, 3 and 4 of this preamble. The rule is directed at intragroup transactions that would have a distortive effect on members’ attributes or the basis of member stock using built-in items from intercompany obligations. The material tax benefit rule generally applies to an intragroup assignment or ex- tinguishment that would otherwise be ex- cepted from the deemed satisfaction-reis- suance model if, at the time of the transac- tion, it is reasonably foreseeable (regard- less of intent) that the shifting of items of built-in gain, loss, income, or deduction from an intercompany obligation between members will secure a material tax benefit that would not otherwise be enjoyed. In such cases, the intercompany transaction will be treated as a “triggering transaction” and will be subject tothe deemed satisfac- tion-reissuance model as described in part I.C. of this preamble. F.Off-market issuance rule The IRS and the Treasury Department also believe that inappropriate distortions of consolidated taxable income could re- sult from intercompany obligations that are issued at a materially off-market rate of interest. Such lending transactions may createbuilt-ingainorlossinanewlyis- sued obligation that could facilitate the manipulation of a member’s attributes or the basis of member stock. Although off-market lending transactions are subject to various limitations under the Code and regulations (for example, sections 482, 1274, and 7872), the IRS and the Treasury Department believe that an additional rule is necessary to properly reflect consoli- dated taxable income. Accordingly, these proposed regula- tions include a special rule (the off-market issuance rule) that generally applies if an intercompany obligation is issued at a rate of interest that is materially off-mar- ket, and at the time of issuance, it is reasonably foreseeable that the shifting of built-in items from the obligation from one member to another member will secure a material tax benefit. In such cases, the intercompany obligation will be treated as originally issued for its fair market value, and any difference between the amount loaned and the fair market value of the obligation will be treated as transferred between the creditor member and the debtor member at the time of issuance (for example, as a distribution or a contribu- tion to capital). This rule is not intended to apply to intragroup lending at interest rates that approximate those that would have been charged in an arm’s length transaction. The IRS and the Treasury Department are continuing to explore the relation- ship between the intragroup off-market issuance rule and the other limitations imposed by the Code and regulations on such lending transactions, and request comments in this regard. G.Outbound transactions These proposed regulations have re- tained the deemed satisfaction-reissuance model (with the aforementioned new me- chanics) for outbound transactions, as well as the exception in the Current Regula- tions for outbound transactions involv- ing an obligation that became intercom- pany obligation in an event described in §1.108–2(e). These proposed regulations also include two additional exceptions applicable to outbound transactions. The first, the subgroup exception, pro- vides that the deemed satisfaction and reis- suance model will not apply if the cred- itor and debtor to an intercompany obli- gation cease to be members of a consoli- dated group in a transaction in which nei- ther member otherwise recognize an item with respect to the intercompany obliga- tion, and immediately after the transaction, such creditor and debtor are members of another consolidated group. In such cases, a deemed satisfaction and reissuance is un- necessary because any built-in items with respect to the obligation will be appropri- ately preserved and offset in the new con- solidated group. However, to minimize distortions in the new group that may re- sult from these built-in items (for example, if S and B are acquired in different chains), the exception requires that the creditor and the debtor bear a relationship described in section 1504(a)(1) to each other through an intercompany obligation subgroup parent (which may be the debtor or the creditor). These proposed regulations provide a second exception for an intercompany obligation that is newly issued in an in- tragroup reorganization and pursuant to the plan of reorganization, is distributed to a nonmember shareholder or creditor in a transaction to which section 361(c) applies. Because the obligation is newly issued in the reorganization and is dis- tributed outside of the group as part of the same plan, the IRS and the Treasury Department believe that a deemed satis- faction and reissuance of the obligation is not necessary to carry out the purposes of §1.1502–13. These proposed regulations also pro- vide a rule that prevents indirect acceler- ation of a loss from an intercompany obli- gation through the sale of the obligation to a nonmember in exchange for a newly-is- sued obligation (the issue price of which is determined under section 1273(b)(4) or section 1274(a)) followed by a sale of the nonmember obligation at a loss. The reg- ulations under section 108(e)(4) contain a similar rule. H.Inbound transactions Both the Current Regulations and the 1998 Proposed Regulations apply a deemed satisfaction-reissuance model for transactions in which a nonintercom- pany obligation becomes an intercompany obligation. For such transactions, the obli- gation is treated as satisfied and reissued immediately after it becomes an intercom- pany obligation. These proposed regulations retain the deemed satisfaction-reissuance model for inbound transactions, but also include a “subgroup” exception for certain of these transactions. The subgroup exception for inbound transactions is similar to the sub- group exception for outbound transactions as described in part I.G. of this preamble. In addition, these proposed regulations provide a special rule to prevent inap- propriate acceleration of a deduction for repurchase premium in certain inbound transactions. A single corporation that repurchases its own debt in exchange for October 29, 20079122007–44 I.R.B. a newly-issued debt, the issue price of which is determined under either section 1273(b)(4) or section 1274, must amor- tize any repurchase premium over the term of the newly-issued debt instrument. See §1.163–7(c). Because the IRS and the Treasury Department believe that it would be inconsistent with single-entity principles to permit consolidated groups an immediate deduction in similar cir- cumstances, these proposed regulations provide that if indebtedness of a member is acquired in exchange for the issuance of indebtedness to a nonmember and the is- sue price of the newly-issued indebtedness is not determined by reference to its fair marketvalue(forexample,theissueprice is determined under section 1273(b)(4) or section 1274(a)), then the repurchase pre- mium from the deemed satisfaction will be amortized over the term of the obligation issued to the nonmember. I.Other request for comments In general, these proposed regulations retain the definition of intercompany obli- gation found in the Current Regulations and the 1998 Proposed Regulations. This definition excludes executory obligations to purchase or provide goods or services. The IRS and the Treasury Department are considering whether this exclusion is ap- propriate in all instances, and request com- ments in this regard. As described in part I.G. of this pre- amble, these proposed regulations except from the deemed satisfaction-reissuance model outbound transfers of intercompany obligations where the obligation is newly issued in an intragroup reorganization and is then distributed to a nonmember shareholder or creditor in a transaction to which section 361(c) applies. These proposed regulations do not provide an exception for such transactions where the newly issued obligation is distributed within the group to a member shareholder or creditor. The IRS and the Treasury Department are studying the effects of the deemed satisfaction-reissuance model on such intragroup distributions and are con- sidering various approaches to ensure the appropriate single-entity treatment of such transactions. Comments are requested in this regard. These proposed regulations do not pro- vide special rules for the treatment of in- tercompany obligations transferred or as- sumed in transactions under section 338. The IRS and the Treasury Department re- quest comments in this regard. The application of the deemed satis- faction-reissuancemodel and the match- ing principles of §1.1502–13(c) generally align the basis and issue price (or adjusted issue price) of an intercompany obliga- tion and, thus, reduce potential distortions. For newly issued obligations, however, in certain circumstances the Code and regu- lations produce disparities between issue price and basis (such as the issuance of note by a subsidiary to its parent in a distri- bution to which section 301 applies). The IRS and the Treasury Department are con- sidering whether it would be beneficial to eliminate any such disparity created upon the issuance of an obligation (for example, by treating such obligations as issued for fair market value) and request comments in this regard. II.Intercompany Insurance Regulations A.Current regulations Under the Current Regulations, a member’s special status as an insur- ance company is respected and, in some circumstances, results in an exception to the general single entity treatment for intercompany transactions. Under §1.1502–13(e)(2)(ii)(A), if a member pro- vides insurance to another member in an intercompany transaction, the transaction is taken into account on a separate entity basis. Thus, premiums, reserve increases and decreases, and other similar items are determined and taken into account under the members’ separate entity method of accounting rather thanunder the matching rule of §1.1502–13(c)and the acceleration rule of §1.1502–13(d). It was believed that such transactions would not have a substantial effect on consolidated taxable income, and therefore, it was appropriate to except these transactions from single entity treatment. This exception was in- tended to avoid the complexity that would result from adjustments needed to produce single entity results, and, thus, simplify in- tercompany accounting. See CO–11–91, 1994–1 C.B. 724 [59 FR 18011]. How- ever, except with respect to the amount of any reserve item listed in section 807(c) or section 832(b)(5) resulting from an in- tercompany reinsurance transaction, this departure from single entity treatment does not extend to intercompany reinsurance transactions. See §1.1502–13(e)(2)(ii)(B). Subsequent to the issuance of the Cur- rent Regulations, the IRS determined that it would no longer invoke the “economic family theory” in addressing whether cap- tive insurance transactions constituted insurance for federal income tax purposes. Rev. Rul. 2001–31, 2001–1 C.B. 1348, (See §601.601(d)(2)(ii)(b).) In addition, the IRS and the Treasury Department have become aware of the increasing preva- lence of captive insurance arrangements within consolidated groups. Thus, the separate entity treatment of insurance pay- ments from one member of a group to a captive insurance member may now have a greater effect on consolidated taxable income than was anticipated when the Current Regulations were issued. B.Single entity treatment for significant insurance members The IRS and the Treasury Department believe that separate entity treatment for direct insurance transactions is inappropri- ate where a significant amount of the insur- ing member’s business arises from trans- actions with other group members. Ac- cordingly, these proposed regulations pro- vide that, where a significant portion (5 percent or more) of the business of the in- suring member (in such case, a “significant insurance member”) arises from insuring the risks of other members (either by is- suing insurance contracts directly to mem- bers or by reinsuring risks on contracts is- sued to members), it is appropriate to take into account the items from the intercom- pany transactions on a single entity basis. In such cases, the treatment of the mem- bers’ items from the insurance transactions are subject to the matching and accelera- tion rules of §1.1502–13. Under these rules, the insured mem- ber’s deduction and the significant insur- ance member’s income from the transac- tion will generally be taken into account currently. However, the effects of the in- tercompany transaction will otherwise be treated in a manner comparable to “self- insurance” by a single corporation. For example, the significant insurance mem- ber’s discounted unpaid losses under sec- tion 832(b)(5) will be determined with- 2007–44 I.R.B.913October 29, 2007 out regard to the intercompany insurance transaction, and such member will instead take deductions with respect to losses in- curred on intercompany insurance under the principles of sections 162 and 461. On the other hand, if a significant insurance member assumes all or a portion of the risk on an insurance contract written by another member with respect to risks of a nonmember, then under single entity prin- ciples, these proposed regulations gener- ally permit the significant insurance mem- ber to increase its reserve item under sec- tion 807(c) or 832(b)(5) with respect to the premium payment. These proposed regulations continue to except intercompany insurance transac- tions from single entity treatment where intercompany insurance represents less than 5 percent of the insuring member’s business. Reinsurance transactions engaged in by group members that attempt to circumvent the single entity rules of §1.1502–13(e) may be subject to the anti-avoidance rules of §1.1502–13(h). Thus, for example, if a member enters into an insurance con- tract with a third-party insurer and the con- tract is then reinsured with a member of the group in order to avoid treatment as an intercompany transaction, appropriate adjustments will be made to carry out the purposes of the intercompany transaction regulations. See also section 845, which allows the Secretary to allocate, recharac- terize, or make other adjustments with re- spect to two or more related persons who are parties to a reinsurance agreement in order to reflect the proper amount, source, or character of taxable income related to such an agreement, or to make proper ad- justments with respect to a party to a rein- surance contract if the contract has a sig- nificant tax avoidance effect. C.Request for comments The determination of whether an in- suring member is a “significant insurance member” and, therefore, is subject to the special rules described above, is made on an annual basis by comparing the amount of the insuring member’s business that arises from insuring the risks of other members with its total insurance busi- ness. In making this determination, these proposed regulations use an amount deter- mined under section 832(b)(4)(A) (gross premiums written during the taxable year less return premiums and premiums paid for reinsurance) to measure the insuring member’s annual insurance business. The IRS and the Treasury Department request comments as to whether this is an appro- priate measure of an insuring member’s business, as well as suggestions for al- ternatives. The IRS and the Treasury Department are also considering whether the status of an insuring member as a “significant insurance member” should be an annual determination and whether additional rules areneeded when an in- suring member’s status changes. The IRS and the Treasury Department request com- ments in this regard, in addition to whether any additional special rules are needed to accomplish single entity treatment for in- tercompany insurance transactions. Proposed Effective/Applicability Date and Reliance These proposed regulations under §1.1502–13(g) apply to transactions in- volving intercompany obligations occur- ring in consolidated return years beginning on or after the date these regulations are published as final regulations in theFed- eral Register. However, for purposes of determining the tax treatment of transac- tions undertaken prior to the finalization of these proposed regulations, taxpayers may continue to rely upon the form and timing of the recast transaction, as clar- ified by the 1998 Proposed Regulations (REG–105964–98) [63 FR 70354]. These proposed regulations under §1.1502–13(e) apply to intercompany transactions involving the provision of insurance occurring in consolidated return years beginning on or after the date these regulations are published as final regula- tions in theFederal Register. Special Analyses It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory as- sessment is not required. It is hereby cer- tified that these regulations do not have a significant economic impact on a substan- tial number of small entities. This certifi- cation is based on the fact that these regu- lations will affect affiliated groups of cor- porations that have elected to file consoli- dated returns, which tend to be larger busi- nesses, and, moreover, that any burden on taxpayers is minimal. Therefore, a Regu- latory Flexibility Analysis under the Reg- ulatory Flexibility Act (5 U.S.C. chapter 6) is not required. Pursuant to section 7805(f) of the Internal Revenue Code, these reg- ulations have been submitted to the Chief Counsel for Advocacy of the Small Busi- ness Administration for comment on their impact on small business. Comments and Requests for a Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any written (a signed origi- nal and eight (8) copies)orelectroniccom- ments that are submitted timely to the IRS. The IRS and the Treasury Department re- quest comments on the clarity of the pro- posed regulations and how they may be made easier to understand. All comments will be available for public inspection and copying. A public hearing will be sched- uled if requested in writing by any person that timely submits written comments. If a public hearing is scheduled, notice of the date, time, and place for the public hearing will be published in theFederal Register. Drafting Information The principal author of these regula- tions is Frances L. Kelly, Office of As- sociate Chief Counsel (Corporate). How- ever, other personnel from the IRS and the Treasury Department participated in their development. ***** Withdrawal of Proposed Regulations Accordingly, under the authority of 26 U.S.C. 7805, the notice of proposed rule- making (REG–105964–98) that was pub- lished in theFederal Registeron Mon- day, December 21, 1998, [63 FR 70354] is withdrawn. Proposed Amendments to the Regulations Accordingly, 26 CFR part 1 is proposed to be amended as follows: PART 1—INCOME TAXES October 29, 20079142007–44 I.R.B. Paragraph 1. The authority citation for part 1 is amended by adding the following entry in numerical order to read in part as follows: Authority: 26 U.S.C. 7805 * * * Section 1.1502–13also issued under 26 U.S.C. 1502. * * * Par. 2. Section 1.1502–13 is amended by: 1. Revising the fifth paragraph heading, each entry for Examples 1 through 5, and adding new Examples 6 through 11 in the table of examples in paragraph (a)(6)(ii). 2. Revising the firstsentence of para- graph (e)(2)(i). 3. Adding new paragraph (e)(2)(ii)(C). 4. Revising paragraph (g). 5. Removing paragraph (j)(9)Example 5(c). The addition and revisions read as fol- lows: §1.1502–13 Intercompany transactions. (a) * * * (6) * * * (ii) * * * ***** Obligations of members. (§1.1502– 13(g)(7)(ii)) Example 1. Interest on intercompany obligation. Example 2. Intercompany obligation becomes nonintercompany obligation. Example 3. Loss or bad debt deduction with respect to intercompany obligation. Example 4. Intercompany nonrecogni- tion transactions. Example 5. Assumption of intercom- pany obligation. Example 6. Extinguishment of inter- company obligation. Example 7. Exchange of intercompany obligations. Example 8. Material tax benefit rule. Example 9. Issuance at off-market rate of interest. Example 10. Nonintercompany obliga- tion becomes intercompany obligation. Example 11. Notional principal con- tracts. ***** (e) * * * (2)***(i)***Exceptasprovided in paragraph (g)(4)(v) of this section (de- ferral of items from an intercompany obli- gation), a member’s addition to, or reduc- tion of, a reserve for bad debts that is main- tained under section 585 is taken into ac- count on a separate entity basis. * * * (ii) * * * (C)Significant insurance member—(1) Single entity treatment for direct insur- ance and reinsurance. If a significant in- surance member (as defined in paragraph (e)(2)(ii)(C)(2)(i) of this section) insures the risk of another member (the insured member) in an intercompany transaction, paragraphs (e)(2)(ii)(A) and (B) of this section do not apply and the intercompany transaction is taken into account by both members on a single entity basis. For ex- ample, the timing and attributes of items from a premium payment from an insured member to a significant insurance member will be taken into account under the match- ing and acceleration rules, and the premi- ums earned with respect to the intercom- pany payment will not be accounted for by the significant insurance member un- der the rules of section 832(b)(4). The sig- nificant insurance member’s deduction for losses incurred with respect to the inter- company insurance will be taken into ac- count under the rules of sections 162 and 461 (including §1.461–2), rather than sec- tion 832(b)(5). However, under single-en- tity principles, if a significant insurance member assumes all or a portion of the risk on an insurance contract written by another member with respect to risks of a nonmember, then the matching and ac- celeration rules will generally permit the significant insurance member to increase its reserve item under section 807(c) or 832(b)(5) with respect to the premium pay- ment. (2)Definitions. For purposes of this paragraph (e)(2)(ii)(C), the following def- initions apply: (i)Significant insurance member.A member is a significant insurance mem- ber if it is an insurance company subject to tax under subchapter L and five percent or more of the member’s insurance premi- ums written during the taxable year arise from insuring risks of other members of the group. (ii)Insurance premiums written during the taxable yearmeans gross premiums written (as defined in §1.832–4(a)(4) and as reported by the insuring member under the method prescribed by §1.832–4(a)(5)) on insurance contracts during the taxable year, less return premiums (as defined in §1.832–4(a)(6)) and premiums paid for reinsurance. (3)Effective/applicability date.The rules of this paragraph (e)(2)(ii)(C) apply to intercompany transactions involving the provision of insurance occurring in consolidated return years beginning on or after the date of publication of the Trea- sury decision adopting these rules as final regulations in theFederal Register. ***** (g)Obligations of members—(1)In general. In addition to the general rules of this section, the rules of this paragraph (g) apply to intercompany obligations. (2)Definitions.For purposes of this section, the following definitions apply: (i)Obligation of a memberis a debt or security of a member. (A)Debt of a memberis any obliga- tion of the member constituting indebted- ness under general principles of Federal income tax law (for example, under non- statutory authorities, or under section 108, section 163, or §1.1275–1(d)), but not an executory obligation to purchase or pro- vide goods or services. (B)Security of a memberis any se- curity of the member described in sec- tion 475(c)(2)(D) or (E), and any com- modity of the member described in sec- tion 475(e)(2)(A), (B), or (C), but not if the security or commodity is a position with respect to the member’s stock. See para- graphs (f)(4) and (f)(6) of this section for special rules applicable to positions with respect to a member’s stock. (ii)Intercompany obligationis an obli- gation between members, but only for the period during which both parties are mem- bers. (iii)Intercompany obligation subgroup is comprised of two or more members that include the creditor and debtor on an in- tercompany obligation if the creditor and debtor bear the relationship described in section 1504(a)(1) to each other through an intercompany obligation subgroup parent. (iv)Intercompany obligation subgroup parentis the corporation (including either the creditor or debtor) that bears the same relationship to the other members of the in- tercompany obligation subgroup as a com- mon parent bears to the members of a con- solidated group. Any reference to an in- tercompany obligation subgroup parent in- cludes, as the context may require, a ref- 2007–44 I.R.B.915October 29, 2007 erence to a predecessor or successor. For this purpose, a predecessor is a transferor ofassetstoatransferee(thesuccessor)in a transaction to which section 381(a) ap- plies. (v)Material tax benefitis the benefit of a material net reduction in income or gain, or a material net increase in loss, deduc- tion, credit, or allowance. A material tax benefit includes, but is not limited to, the use of a built-in item or items from an inter- company obligation to materially reduce gain or increase loss on the sale of mem- ber stock, or to create or absorb a material tax attribute of a member or subgroup. (3)Deemed satisfaction and reissuance of intercompany obligations in triggering transactions—(i)Scope—(A)Triggering transactions. For purposes of this para- graph (g)(3), a triggering transaction in- cludes the following: (1)Assignment and extinguishment transactions. Any intercompany trans- action in which a member realizes an amount, directly or indirectly, from the assignment or extinguishment of all or part of its remaining rights or obligations under an intercompany obligation or any comparable transactioninwhichamem- ber realizes any such amount, directly or indirectly, from an intercompany obliga- tion (for example, a mark to fair market value of an obligation or a bad debt deduc- tion). However, a reduction of the basis of an intercompany obligation pursuant to sections 108 and 1017 and §1.1502–28 (basis reductions upon the exclusion from gross income of discharge of indebted- ness) or any other provision that adjusts the basis of an intercompany obligation as a substitute for income, gain, deduction, or loss, is not a comparable transaction. (2)Outbound transactions.Anytrans- action in which an intercompany obliga- tion becomes an obligation that is not an intercompany obligation. (B)Exceptions. Except as provided in paragraph (g)(3)(i)(C) of this section, a transaction is not a triggering transac- tion as described in paragraph (g)(3)(i)(A) of this section if any of the exceptions in this paragraph (g)(3)(i)(B) apply. In making this determination, if a creditor or debtor realizes an amount in a trans- action in which a creditor assigns all or part of its rights under an intercompany obligation to the debtor, or a debtor as- signs all of or part of its obligations under an intercompany obligation to the creditor, the transaction will be treated as an extin- guishment and will be excepted from the definition of “triggering transaction” only if either of the exceptions in paragraphs (g)(3)(i)(B)(5)or(6) of this section apply. (1)Intragroup section 332, 351, or 361 exchange. The transaction is an intercom- pany exchange to which section 332 or section 361 applies in which no amount of income, gain, deduction or loss is rec- ognized by the creditor or debtor, or an intercompany exchange to which section 351 applies in which no such amount is recognized by the creditor (unless section 362(e)(2) applies to the exchange). (2)Intragroup assumption transaction. All of the debtor’s obligations under an in- tercompany obligation are assumed in con- nection with the debtor’s sale or other dis- position of property (other than money) in an intercompany transaction to which sec- tion 1001 applies. (3)Exceptions to the application of section 108(e)(4). The obligation became an intercompany obligation by reason of an event described in §1.108–2(e) (ex- ceptions to the application of section 108(e)(4)). (4)Reserve accounting. The amount realized is from reserve accounting under section 585 (see paragraph (g)(4)(v) of this section for special rules). (5)Intragroup extinguishment transac- tion. All or part of the rights and obli- gations under the intercompany obligation are extinguished in an intercompany trans- action (other than an exchange or deemed exchange of an intercompany obligation for a newly issued intercompany obliga- tion), the adjusted issue price of the obli- gation is equal to the creditor’s basis in the obligation, and the debtor’s correspond- ing item and the creditor’s intercompany item (after taking into account the special rules of paragraph (g)(4)(i)(C) of this sec- tion) with respect to the obligation offset in amount. (6)Routine modification of intercom- pany obligation. All of the rights and obli- gations under the intercompany obligation are extinguished in an intercompany trans- action that is an exchange (or deemed ex- change) for a newly issued intercompany obligation, and the issue price of the newly issued obligation equals both the adjusted issue price of the extinguished obligation and the creditor’s basis in the extinguished obligation. (7)Outbound distribution of newly is- sued intercompany obligation. The inter- company obligation becomes an obliga- tion that is not an intercompany obligation in a transaction in which a member that is a party to the reorganization exchanges property in pursuance of the plan of re- organization for a newly issued intercom- pany obligation of another member that is a party to the reorganization and dis- tributes such intercompany obligation to a nonmember shareholder or nonmember creditor in a transaction to which section 361(c) applies. (8)Outbound subgroup exception.The intercompany obligation becomes an obli- gation that is not an intercompany obliga- tion in a transaction in which the members of an intercompany obligation subgroup cease to be members of a consolidated group, neither the creditor nor the debtor recognize any income, gain, deduction, or loss with respect to the intercompany obli- gation, and such members constitute an intercompany obligation subgroup of an- other consolidated group immediately af- ter the transaction. (C) Material tax benefit rule.Ifanas- signment or extinguishment of an inter- company obligation in an intercompany transaction would otherwise be excepted from the definition of triggering transac- tion under paragraph (g)(3)(i)(B)(1), (2), (5), or (6) of this section, but at the time of the assignment or extinguishment, it is reasonably foreseeablethat the shifting of items of built-in gain, loss, income, or deduction from the obligation from one member to another member will secure a material tax benefit (as defined in para- graph (g)(2)(v) of this section) that the group or its members would not otherwise enjoy in a consolidated or separate return year, then the assignment or extinguish- ment will be a triggering transaction to which paragraph (g)(3)(ii) of this section applies. (ii)Application of deemed satisfaction and reissuance. This paragraph (g)(3)(ii) applies if a triggeringtransaction occurs. (A)General rule. If the intercompany obligation is debt of a member, then (ex- cept as provided in the following sentence) the debt is treated for all Federal income tax purposes as having been satisfied by the debtor for cash in an amount equal to October 29, 20079162007–44 I.R.B. its fair market value, and then as having been reissued as a new obligation (with a new holding period but otherwise identi- cal terms) for the same amount of cash, immediately before the triggering trans- action. However, if the creditor realizes an amount with respect to the debt in the triggering transaction that differs from the debt’s fair market value, and the triggering transaction is not an exchange (or deemed exchange) of debt of a member for newly issued debt of a member, then the debt is treated for all Federal income tax purposes as having been satisfied by the debtor for cash in an amount equal to such amount realized, and reissued as a new obliga- tion (with a new holding period but other- wise identical terms) for the same amount of cash, immediately before the triggering transaction. If the triggering transaction is a mark to fair market value under sec- tion 475, then the intercompany obligation will be deemed satisfied and reissued for its fair market value (as determined un- der section 475 and applicable regulations) and section 475 will not otherwise apply with respect to that triggering transaction. If the intercompany obligation is a security of a member, similar principles apply (with appropriate adjustments) to treat the secu- rity as having been satisfied and reissued immediately before the triggering transac- tion. (B)Treatment as separate transaction. The deemed satisfaction and reissuance is treated as a separate transaction from the triggering transaction. The deemed satis- faction and reissuance of a member’s debt will not cause the debt to be recharacter- ized as other than debt for Federal income tax purposes immediately before the trig- gering transaction. (4)Special rules—(i)Timing and at- tributes. For purposes of applying the matching rule and the acceleration rule to a transaction involving an intercom- pany obligation (other than a transaction to which paragraph (g)(5) of this section applies)— (A) Paragraph (c)(6)(i) of this section (treatment of intercompany items if cor- responding items are excluded or non- deductible) will not apply to exclude any amount of income or gain attributable to a reduction of the basis of the intercom- pany obligation pursuant to sections 108 and 1017 and §1.1502–28, or any other provision that adjusts the basis of an in- tercompany obligation as a substitute for income or gain; (B) Paragraph (c)(6)(ii) of this section (limitation on treatment of intercompany income or gain as excluded from gross in- come) does not apply to prevent any in- tercompany income or gain from the inter- company obligation from being excluded from gross income; (C) Any income, gain, deduction, or loss from the intercompany obligation is not subject to section 108(a), section 354, section 355(a)(1), section 1091, or, in the case of an extinguishment of an in- tercompany obligation in a transaction in which the creditor transfers the obligation to the debtor in exchange for stock in such debtor, section 351(a); and (D) Section 108(e)(7) does not apply upon the extinguishment of an intercom- pany obligation. (ii)Newly issued obligation in intra- group exchanges. If an intercompany obligation is exchanged (or is deemed ex- changed) for a newly issued intercompany obligation and the exchange (or deemed exchange) is not a routine modification of an intercompany obligation (as described in paragraph (g)(3)(i)(B)(6)ofthissec- tion), then the newly issued obligation will be treated for all Federal income tax purposes as having an issue price equal to its fair market value. (iii)Off-market issuance.Ifaninter- company obligation is issued at a rate of interest that is materially off-market (off-market obligation) and at the time of issuance, it is reasonably foreseeable that the shifting of items of built-in gain, loss, income, or deduction from the obligation from one member to another member will secure a material tax benefit (as defined in paragraph (g)(2)(v) of this section), then the intercompany obligation will be treated, for all Federal income tax pur- poses, as originally issued for its fair market value, and any difference between the amount loaned and the fair market value of the obligation will be treated as transferred between the creditor and the debtor at the time the obligation is issued. For example, if S lends $100 to B in return for an off-market B note with a value of $130, and at that time, it is reasonably foreseeable that a material tax benefit will be secured by the shifting of items from the note, then the B note will be treated as issued for $130. The $30 difference will be treated as a distribution or capital con- tribution between S and B (as appropriate) at the time of issuance, and this amount will be reflected in future payments on the note as bond issuance premium. An adjustment to an off-market obligation un- der this paragraph (g)(4)(iii) will be made without regard to the application of, and in lieu of any adjustment under, section 467 (certain payments for the use of property or services), 482 (allocations among com- monly controlled taxpayers), 483 (interest on certain deferred payments), 1274 (de- termination of issue price for certain debt instruments issued for property), or 7872 (treatment of loans with below-market interest rates. (iv)Deferral of loss or deduction with respect to nonmember indebtedness ac- quired in certain debt exchanges. If a cred- itor transfers an intercompany obligation to a nonmember (former intercompany obligation) in exchange for newly issued debt of a nonmember (nonmember debt), and the issue price of the nonmember debt is not determined by reference to its fair market value (for example, the issue price is determined under section 1273(b)(4) or 1274(a) or any other provision of appli- cable law), then any loss of the creditor otherwise allowable on the subsequent disposition of the nonmember debt, or any comparable tax benefit that would other- wise be available in any other transaction that directly or indirectly results from the disposition of the nonmember debt, is de- ferred until the date the debtor retires the former intercompany obligation. (v)Bad debt reserve. A member’s de- duction under section 585 for an addition to its reserve for bad debts with respect to an intercompany obligation is not taken into account, and is not treated as realized for purposes of paragraph (g)(3)(i)(A)(1) of this section, until the intercompany obli- gation is extinguished or becomes an obli- gation that is not an intercompany obliga- tion. (5)Deemed satisfaction and reissuance of obligations becoming intercompany obligations—(i)Application of deemed satisfaction and reissuance—(A)In gen- eral. This paragraph (g)(5) applies if an obligation that is not an intercompany obligation becomes an intercompany obli- gation. (B)Exceptions. This paragraph (g)(5) does not apply to an intercompany obliga- 2007–44 I.R.B.917October 29, 2007 tion if either of the following exceptions apply. (1)Exceptions to the application of sec- tion 108(e)(4). The obligation becomes an intercompany obligation by reason of an event described in §1.108–2(e) (ex- ceptions to the application of section 108(e)(4)); or (2)Inbound subgroup exception.The obligation becomes an intercompany obli- gation in a transaction in which the mem- bers of an intercompany obligation sub- group cease to be members of a consol- idated group, neither the creditor nor the debtor recognize any income, gain, de- duction, or loss with respect to the inter- company obligation,andsuchmembers constitute an intercompany obligation sub- group of another consolidated group im- mediately after the transaction. (ii)Deemed satisfaction and reis- suance—(A)General rule.Iftheinter- company obligation is debt of a member, then the debt is treated for all Federal income tax purposes, immediately after it becomes an intercompany obligation, as having been satisfied by the debtor for cash in an amount determined under the principles of §1.108–2(f), and then as having been reissued as a new obligation (with a new holding period but otherwise identical terms) for the same amount of cash. If the intercompany obligation is a security of a member, similar princi- ples apply (with appropriate adjustments) to treat the security, immediately after it becomes an intercompany obligation, as satisfied and reissued by the debtor for cash in an amount equal to its fair market value. (B)Treatment as separate transaction. The deemed satisfaction and reissuance is treated as a separate transaction from the transaction in which the debt becomes an intercompany obligation, and the tax consequences of the transaction in which the debt becomes an intercompany obli- gation must be determined before the deemed satisfaction and reissuance oc- curs. (For example, if the debt becomes an intercompany obligation in a transac- tion to which section 351 applies, any limitation imposed by section 362(e) on the basis of the intercompany obligation inthehandsofthetransfereememberis determined before the deemed satisfaction and reissuance.) The deemed satisfaction and reissuance of a member’s debt will not cause the debt to be recharacterized as other than debt for Federal income tax purposes. (6)Special rules—(i)Timing and at- tributes. If paragraph (g)(5) of this section applies to an intercompany obligation— (A) Section 108(e)(4) does not apply; (B) The attributes of all items taken into account from the satisfaction of the inter- company obligation are determined on a separate entity basis, rather than by treat- ing S and B as divisions of a single corpo- ration; and (C) Any intercompany gain or loss real- ized by the creditor is not subject to section 354orsection1091. (ii)Waiver of loss carryovers from sep- arate return limitation years.Solelyfor purposes of §1.1502–32(b)(4) and the ef- fect of any election under that provision, any loss taken into account under para- graph (g)(5) of this section by a corpo- ration that becomes a member as a re- sult of the transaction in which the obliga- tion becomes an intercompany obligation is treated as a loss carryover from a sepa- rate return limitation year. (iii)Deduction of repurchase premium in certain debt exchanges. If an obliga- tion to which paragraph (g)(5) of this sec- tion applies is acquired in exchange for the issuance of an obligation to a nonmem- ber and the issue price of this newly is- sued obligation is not determined by ref- erence to its fair market value (for exam- ple, the issue price is determined under section 1273(b)(4) or 1274(a) or any other provision of applicable law), then, under the principles of §1.163–7(c), any repur- chase premium from the deemed satisfac- tion of the intercompany obligation under paragraph (g)(5)(ii) of this section will be amortized by the debtor over the term of the obligation issued to the nonmember in the same manner as if it were original is- sue discount and the obligation to the non- member had been issued directly by the debtor. (7)Examples—(i)In general. For pur- poses of the examples in this paragraph (g), unless otherwise stated, interest is qual- ified stated interest under §1.1273–1(c), and the intercompany obligations are capi- tal assets and are not subject to section 475. (ii) The application of this section to obligations of members is illustrated by the following examples: Example 1.Interest on intercompany obligation. (i)Facts. On January 1 of year 1, B borrows $100 from S in return for B’s note providing for $10 of in- terest annually at the end of each year, and repayment of $100 at the end of year 5. B fully performs its obli- gations. Under their separate entity methods of ac- counting, B accrues a $10 interest deduction annually under section 163, and S accrues $10 of interest in- come annually under section 61(a)(4) and §1.446–2. (ii)Matching rule. Under paragraph (b)(1) of this section, the accrual of interest on B’s note is an in- tercompany transaction. Under the matching rule, S takes its $10 of income into account in each of years 1through5toreflectthe$10difference between B’s $10 of interest expense taken into account and the $0 recomputed expense. S’s income and B’s deduction are ordinary items. (Because S’s intercompany item and B’s corresponding item would both be ordinary on a separate entity basis, the attributes are not rede- termined under paragraph (c)(1)(i) of this section.) (iii)Original issue discount. The facts are the same as in paragraph (i) of thisExample 1, except that B borrows $90 (rather than $100) from S in re- turn for B’s note providing for $10 of interest annu- ally and repayment of $100 at the end of year 5. The principles described in paragraph (ii) of thisExample 1for stated interest also apply to the $10 of original issue discount. Thus, as B takes into account its cor- responding expense under section 163(e), S takes into account its intercompany income under section 1272. S’s income and B’s deduction are ordinary items. (iv)Tax-exempt income. The facts are the same as in paragraph (i) of thisExample 1, except that B’s borrowing from S is allocable under section 265 to B’s purchase of state and local bonds to which sec- tion 103 applies. The timing of S’s income is the same as in paragraph (ii) of thisExample 1.Un- der paragraph (c)(4)(i) of this section, the attributes of B’s corresponding item of disallowed interest ex- pense control the attributes of S’s offsetting intercom- pany interest income. Paragraph (c)(6) of this section does not prevent the redetermination of S’s intercom- pany item as excluded from gross income because section 265(a)(2) permanently and explicitly disal- lows B’s corresponding deduction and because, un- der paragraph (g)(4)(i)(B) of this section, paragraph (c)(6)(ii) of this section does not apply to prevent any intercompany income from the B note from being ex- cluded from gross income. Accordingly, S’s inter- company income is treated as excluded from gross income. Example 2.Intercompany obligation becomes nonintercompany obligation.(i)Facts. On January 1 of year 1, B borrows $100 from S in return for B’s note providing for $10 of interest annually at the end of each year, and repayment of $100 at the endofyear5.AsofJanuary1ofyear3,Bhaspaid the interest accruing under the note and S sells B’s note to X for $70, reflecting an increase in prevailing market interest rates. B is never insolvent within the meaning of section 108(d)(3). (ii)Deemed satisfaction and reissuance. Because the B note becomes an obligation that is not an in- tercompany obligation, the transaction is a trigger- ing transaction under paragraph (g)(3)(i)(A)(2)ofthis section. Under paragraph (g)(3)(ii) of this section, B’s note is treated as satisfied and reissued for its fair market value of $70 immediately before S’s sale to X. As a result of the deemed satisfaction of the note October 29, 20079182007–44 I.R.B. for less than its adjusted issue price, B takes into ac- count $30 of discharge of indebtedness income under §1.61–12. On a separate entity basis, S’s $30 loss would be a capital loss under section 1271(a)(1). Un- der the matching rule, however, the attributes of S’s intercompany item and B’s corresponding item must be redetermined to produce the same effect as if the transaction had occurred between divisions of a sin- gle corporation. Under paragraph (c)(4)(i) of this sec- tion, the attributes of B’s $30 of discharge of indebt- edness income control the attributes of S’s loss. Thus, S’s loss is treated as ordinary loss. B is also treated as reissuing, immediately after the satisfaction, a new note to S with a $70 issue price, a $100 stated redemp- tion price at maturity, and a $70 basis in the hands of S. S is then treated as selling the new note to X for the $70 received by S in the actual transaction. Because S has a basis of $70 in the new note, S recognizes no gain or loss from the sale to X. After the sale, the new note held by X is not an intercompany obligation, it has a $70 issue price, a $100 stated redemption price at maturity, and a $70 basis. The $30 of original issue discount will be taken into account by B and X under sections 163(e) and 1272. (iii)Creditor deconsolidation. The facts are the same as in paragraph (i) of thisExample 2, except that P sells S’s stock to X (rather than S selling B’s note to X). Becausethe B note becomes an obligation that is not an intercompany obligation, the transaction is a triggering transaction under paragraph (g)(3)(i)(A)(2) of this section. Under paragraph (g)(3)(ii) of this section, B’s note is treated as satisfied and reissued for its $70 fair market value immediately before S becomes a nonmember. The treatment of S’s $30 of loss and B’s $30 of discharge of indebtedness income is the same as in paragraph (ii) of thisExample 2. The new note held by S upon deconsolidation is not an intercompany obligation, it has a $70 issue price, a $100 stated redemption price at maturity, and a $70 basis. The $30 of original issue discount will be taken into account by B and S under sections 163(e) and 1272. (iv)Debtor deconsolidation.Thefactsarethe same as in paragraph (i) of thisExample 2, except that P sells B’s stock to X (rather than S selling B’s notetoX).TheresultstoSandBarethesameasin paragraph (iii) of thisExample 2. (v)Subgroup exception. The facts are the same as in paragraph (i) of thisExample 2,exceptthatP owns all of the stock of S, S owns all of the stock of B, and P sells all of the S stock to X, the parent of another consolidated group. Because B and S, mem- bers of an intercompany obligation subgroup, cease to be members of the P group in a transaction that does not cause either member to recognize an item with respect to the B note, and such members con- stitute an intercompany obligation subgroup in the X group, P’s sale of S stock is not a triggering transac- tion under paragraph (g)(3)(i)(B)(8) of this section, and the note is not treated as satisfied and reissued under paragraph (g)(3)(ii) of this section. After the sale, the note held by S has a $100 issue price, a $100 stated redemption price at maturity, and a $100 basis. The results are the same if the S stock is sold to an individual and the S-B affiliated group elects to file a consolidated return for the period beginning on the day after S and B cease to be members of the P group. (vi)Section 338 election. The facts are the same as paragraph (i) of thisExample 2,exceptthatPsells S’s stock to X and a section 338 election is made with respect to the stock sale. Under section 338, S is treated as selling all of its assets to X, including the B note, at the close of the acquisition date. The aggregate deemed sales price (within the meaning of §1.338–4) allocated to the B note is $70. Because the B note becomes an obligation that is not an intercom- pany obligation, the transaction is a triggering trans- action under paragraph (g)(3)(i)(A)(2) of this section. Under paragraph (g)(3)(ii) of this section, B’s note is treated as satisfied and reissued immediately before S’s deemed sale to X for $70, the amount realized with respect to the note (the aggregate deemed sales price allocated to the note under §1.338–6). The re- sults to S and B are the same as in paragraph (ii) of thisExample 2. (vii)Appreciated note. The facts are the same as in paragraph (i) of thisExample 2, except that S sells B’s note to X for $130 (rather than $70), reflect- ing a decline in prevailing market interest rates. Be- cause the B note becomes an obligation that is not an intercompany obligation, the transaction is a trig- gering transaction under paragraph (g)(3)(i)(A)( 2)of this section. Under paragraph (g)(3)(ii) of this sec- tion, B’s note is treated as satisfied and reissued for its fair market value of $130 immediately before S’s sale to X. As a result of the deemed satisfaction of the note for more than its adjusted issue price, B takes into account $30 of repurchase premium under §1.163–7(c). On a separate entity basis, S’s $30 gain would be a capital gain under section 1271(a)(1). Un- der the matching rule, however, the attributes of S’s intercompany item and B’s corresponding item must be redetermined to produce the same effect as if the transaction had occurred between divisions of a sin- gle corporation. Under paragraph (c)(4)(i) of this sec- tion, the attributes of B’s premium deduction control the attributes of S’s gain. Accordingly, S’s gain is treated as ordinary income. B is also treated as reis- suing, immediately after the satisfaction, a new note to S with a $130 issue price, $100 stated redemption price at maturity, and $130 basis in the hands of S. S is then treated as selling the new note to X for the $130 received by S in the actual transaction. Because S has a basis of $130 in the new note, S recognizes no gain orlossfromthesaletoX.Afterthesale,thenewnote held by X is not an intercompany obligation, it has a $130 issue price, a $100 stated redemption price at maturity, and a $130 basis. The treatment of B’s $30 of bond issuance premium under the new note is de- termined under §1.163–13. Example 3.Loss or bad debt deduction with re- spect to intercompany obligation.(i)Facts.OnJan- uary 1 of year 1, B borrows $100 from S in return for B’s note providing for $10 of interest annually at the end of each year, and repayment of $100 at the end of year 5. On January 1 of year 3, the fair market value of the B note has declined to $60 and S sells the B note to P for property with a fair market value of $60. B is never insolvent within the meaning of section 108(d)(3). The B note is not a security within the meaning of section 165(g)(2). (ii)Deemed satisfaction and reissuance. Because S realizes an amount of loss from the assignment of the B note, the transaction is a triggering transaction under paragraph (g)(3)(i)(A)(1) of this section. Un- der paragraph (g)(3)(ii) of this section, B’s note is treated as satisfied and reissued for its fair market value of $60 immediately before S’s sale to P. As a result of the deemed satisfaction of the note for less than its adjusted issue price ($100), B takes into ac- count $40 of discharge of indebtedness income under §1.61–12. On a separate entity basis, S’s $40 loss would be a capital loss under section 1271(a)(1). Un- der the matching rule, however, the attributes of S’s intercompany item and B’s corresponding item must be redetermined to produce the same effect as if the transaction had occurred between divisions of a sin- gle corporation. Under paragraph (c)(4)(i) of this sec- tion, the attributes of B’s $40 of discharge of indebt- edness income control the attributes of S’s loss. Thus, S’slossistreatedasordinary loss. B is also treated as reissuing, immediately after the satisfaction, a new note to S with a $60 issue price, $100 stated redemp- tion price at maturity, and $60 basis in the hands of S. S is then treated as selling the new note to P for the $60 of property received by S in the actual transac- tion. Because S has a basis of $60 in the new note, S recognizes no gain or loss from the sale to P. After the sale, the note is an intercompany obligation, it has a $60 issue price and a $100 stated redemption price at maturity, and the $40 of original issue discount will be taken into account by B and P under sections 163(e) and 1272. (iii)Partial bad debt deduction.Thefactsare the same as in paragraph (i) of thisExample 3,ex- cept that S claims a $40 partial bad debt deduction under section 166(a)(2) (rather than selling the note to P). Because S realizes a deduction from a trans- action comparable to an assignment of the B note, the transaction is a triggering transaction under para- graph (g)(3)(i)(A)(1) of this section. Under para- graph (g)(3)(ii) of this section, B’s note is treated as satisfied and reissued for its fair market value of $60 immediately before section 166(a)(2) applies. The treatment of S’s $40 loss and B’s $40 of discharge of indebtedness income are the same as in paragraph (ii) of thisExample 3. After the reissuance, S has a basis of $60 in the new note. Accordingly, the ap- plication of section 166(a)(2) does not result in any additional deduction for S. The $40 of original issue discount on the new note will be taken into account by B and S under sections 163(e) and 1272. (iv)Insolvent debtor. The facts are the same as in paragraph (i) of thisExample 3,exceptthatBis insolvent within the meaning of section 108(d)(3) at the time that S sells the note to P. As explained in paragraph (ii) of thisExample 3, the transaction is a triggering transaction and the B note is treated as satisfied and reissued for its fair market value of $60 immediately before S’s sale to P. On a separate entity basis, S’s $40 loss would be capital, B’s $40 income would be excluded from gross income under section 108(a), and B would reduce attributes under section 108(b) or section 1017 (see also §1.1502–28). How- ever, under paragraph (g)(4)(i)(C) of this section, sec- tion 108(a) does not apply to characterize B’s income as excluded from gross income. Accordingly, the at- tributes of S’s loss and B’s income are redetermined in the same manner as in paragraph (ii) of thisExam- ple 3. Example 4.Intercompany nonrecognition trans- actions.(i)Facts.OnJanuary1ofyear1,Bborrows $100 from S in return for B’s note providing for $10 of interest annually at the end of each year, and re- paymentof$100attheendofyear5.AsofJanuary 1 of year 3, B has fully performed its obligations, but the note’s fair market value is $130, reflecting a de- 2007–44 I.R.B.919October 29, 2007 cline in prevailing market interest rates. On January 1 of year 3, S transfers the note and other assets to a newly formed corporation, Newco, for all of Newco’s stock in an exchange to which section 351 applies. The aggregate adjusted bases of property transferred does not exceed the fair market value of such prop- erty immediately after the transfer. (ii)No deemed satisfaction and reissuance.Be- cause the assignment of the B note is an exchange to which section 351 applies and S recognizes no gain or loss, the transaction is not a triggering transaction under paragraph (g)(3)(i)(B)(1)ofthissection,and the note is not treated as satisfied and reissued under paragraph (g)(3)(ii) of this section. (iii)Receipt of other property. The facts are the same as in paragraph (i) of thisExample 4, except that the other assets transferred to Newco have a ba- sis of $100 and a fair market value of $260, and S receives, in addition to Newco stock, $15 of cash. Because S would recognize $15 of gain under sec- tion 351(b), the assignment of the B note is a trig- gering transaction under paragraph (g)(3)(i)(A)(1)of this section. Under paragraph (g)(3)(ii) of this sec- tion, B’s note is treated assatisfied and reissued for its fair market value of $130 immediately before the transfer to Newco. As a result of the deemed satisfac- tion of the note for more than its adjusted issue price, B takes into account $30 of repurchase premium un- der §1.163–7(c). On a separate entity basis, S’s $30 gain would be a capital gain under section 1271(a)(1). Under the matching rule, however, the attributes of S’s intercompany item and B’s corresponding item must be redetermined to produce the same effect as if the transaction had occurred between divisions of a single corporation. Under paragraph (c)(4)(i) of this section, the attributes of B’s premium deduction con- trol the attributes of S’s gain. Accordingly, S’s gain is treated as ordinary income. B is also treated as reis- suing, immediately after the satisfaction, a new note to S with a $130 issue price, $100 stated redemption price at maturity, and $130 basis in the hands of S. S is then treated as transferring the new note to Newco for the Newco stock and cash received by S in the actual transaction. Because S has a basis of $130 in the new B note, S recognizes no gain or loss with re- spect to the transfer of the note in the section 351 ex- change, and S recognizes $10 of gain with respect to the transfer of the other assets under section 351(b). After the transfer, the note has a $130 issue price and a $100 stated redemption price at maturity. The treat- ment of B’s $30 of bond issuance premium under the new note is determined under §1.163–13. (iv)Intercompany obligation transferred in sec- tion 332 transaction. The facts are the same as in paragraph (i) of thisExample 4, except that S transfers the B note to P in complete liquidation under section 332. Because the transaction is an exchange to which section 332 applies, and neither S nor B recognize gain or loss, the transaction is not a triggering trans- action under paragraph (g)(3)(i)(B)(1)ofthissection, and the note is not treated as satisfied and reissued un- der paragraph (g)(3)(ii) of this section. Example 5.Assumption of intercompany obliga- tion.(i)Facts. On January 1 of year 1, B borrows $100 from S in return for B’s note providing for $10 of interest annually at the end of each year, and re- payment of $100 at the end of year 5. The note is fully recourse and is incurred for use in Business Z. As of January 1 of year 3, B has fully performed its obligations, but the note’s fair market value is $110 reflecting a decline in prevailing market interest rates. Business Z has a fair market value of $95. On January 1 of year 3, B transfers all of the assets of Business Z and $15 of cash to M in exchange for the assumption by M of all of B’s obligations under the note. The terms and conditions of the note are not modified in connection with the sales transaction, and no amount of income, gain, loss, or deduction is recognized by S, B, or M with respect to the note. (ii)No deemed satisfaction and reissuance.Be- cause all of B’s obligations under the B note are as- sumedbyMinconnectionwiththesaleoftheBusi- ness Z assets, the assignment of B’s obligations un- der the note is not a triggering transaction under para- graph (g)(3)(i)(B)(2) of this section, and the note is not treated as satisfied and reissued under paragraph (g)(3)(ii) of this section. Example 6.Extinguishment of intercompany obli- gation.(i)Facts. On January 1 of year 1, B borrows $100 from S in return for B’s note providing for $10 of interest annually at the end of each year, and re- payment of $100 at the end of year 5. The note is a security within the meaning of section 351(d)(2). As of January 1 of year 3, B has fully performed its obligations, but the fair market value of the B note is $130, reflecting a decline in prevailing market inter- est rates, and S transfers the note to B in exchange for $130ofBstockinatransactiontowhichsection351 applies. (ii)No deemed satisfaction and reissuance.Asa result of the satisfaction of the note for more than its adjusted issue price, B takes into account $30 of re- purchase premium under §1.163–7(c). Although the transfer of the B note is a transaction to which sec- tion 351 applies, under paragraph (g)(4)(i)(C) of this section, any gain or loss from the intercompany obli- gation is not subject to section 351(a), and therefore, S has a $30 gain under section 1001. Because the note is extinguished in a transaction in which the adjusted issue price of the note is equal to the creditor’s basis in the note, and the debtor’s and creditor’s items offset in amount, the transaction is not a triggering transac- tion under paragraph (g)(3)(i)(B)(5) of this section, and the note is not treated as satisfied and reissued under paragraph (g)(3)(ii) of this section. On a sep- arate entity basis, S’s $30 gain would be a capital gain under section 1271(a)(1). Under the matching rule, however, the attributes of S’s intercompany item and B’s corresponding item must be redetermined to produce the same effect as if the transaction had oc- curred between divisions of a single corporation. Un- der paragraph (c)(4)(i) of this section, the attributes of B’s premium deduction control the attributes of S’s gain. Accordingly, S’s gain is treated as ordinary in- come. Under paragraph (g)(4)(i)(D) of this section, section 108(e)(7) does not apply upon the extinguish- ment of the B note, and therefore, the B stock received by S in the exchange will not be treated as section 1245 property. Example 7.Exchange of intercompany obliga- tions.(i)Facts. On January 1 of year 1, B borrows $100 from S in return for B’s note providing for $10 of interest annually at the end of each year, and re- payment of $100 at the end of year 20. As of Jan- uary 1 of year 3, B has fully performed its obligations and, pursuant to a recapitalization to which section 368(a)(1)(E) applies, B issues a new note to S in ex- change for the original B note. The new B note has an issue price, stated redemption price at maturity, and stated principal amount of $100, but contains terms that differ sufficiently from the terms of the original B note to cause a realization event under §1.1001–3. The original B note and the new B note are both se- curities (within the meaning of section 354(a)(1)). (ii)No deemed satisfaction and reissuance.Be- cause the original B note is extinguished in exchange for a newly issued B note and the issue price of the new B note is equal to both the adjusted issue price of the original B note and S’s basis in the original B note, the transaction is not a triggering transaction under paragraph (g)(3)(i)(B)(6)ofthissection,and the note is not treated as satisfied and reissued un- der paragraph (g)(3)(ii) of this section. B has neither income from discharge of indebtedness under sec- tion 108(e)(10) nor a deduction for repurchase pre- mium under §1.163–7(c). Although the exchange of the original B note for the new B note is a transac- tion to which section 354 applies, under paragraph (g)(4)(i)(C) of this section, any gain or loss from the intercompany obligation is not subject to section 354. Under section 1001, S has no gain or loss from the ex- change of notes. Example 8.Material tax benefit rule.(i)Facts. T is a member with a material loss from a separate return limitation year (SRLY). S holds a materially appreciated B note which it transfers to T as part of an exchange which otherwise qualifies for nonrecog- nition treatment under section 351. (ii)Deemed satisfaction and reissuance.Under paragraph (g)(3)(i)(B)(1) of this section, absent the application of the material tax benefit rule of para- graph (g)(3)(i)(C) of this section, the assignment of the B note would not be a triggering transaction. However, because at the time of the assignment, it is reasonably foreseeable that the shifting of the built-in income or gain from the obligation will secure a ma- terial tax benefit that the group or its members would not otherwise enjoy, under paragraph (g)(3)(i)(C) of this section, the assignment of the B note is a trigger- ing transaction to which paragraph (g)(3)(ii) of this section applies. Under paragraph (g)(3)(ii) of this section, B’s note is treated as satisfied and reissued for its fair market value, immediately before S’s transfer to T. As a result of the deemed satisfaction of the note for more than its adjusted issue price, S takes into account gain and B has a corresponding repurchase premium deduction. B is also treated as reissuing, immediately after the deemed satisfaction, a new note to S with an issue price and basis equal to its fair market value. S is then treated as transferring the new note to T as part of the section 351 exchange. Because T will have a fair market value basis in the reissued B note immediately after the exchange, T’s intercompany item from the subsequent retirement of the B note will not reflect any of S’s built-in gain (and the amount of SRLY loss that may be absorbed by such item will be limited to any appreciation in the B note accruing after the exchange). (iii)No material tax benefit. The facts are the same as in paragraph (i) of thisExample 8, except that S has a SRLY loss that exceeds, and will expire prior to, that of T. Further, it is anticipated that S and T will each generate similar amounts of income for the fore- seeable future, and there is no plan or intention to sell the stock of either member. Because the built-in in- come or gain from the B note could have been used to facilitate the absorption of S’s SRLY loss (rather than October 29, 20079202007–44 I.R.B. an equal amount of T’s SRLY loss), the group and its members have not secured a material tax benefit from the assignment that it would not have otherwise en- joyed. Accordingly, the assignment is not subject to the material tax benefit rule of paragraph (g)(3)(i)(C) of this section, and the B note is not deemed satisfied and reissued under paragraph (g)(3)(ii) of this section. Example 9.Issuance at off-market rate of inter- est.(i)Facts. T is a member with a material loss from a separate return limitation year (SRLY). T’s sole shareholder, P, borrows an amount from T in re- turn for a P note that provides for a materially above market rate of interest. As a result, the P note will generate additional interest income to T over the term of the note which will facilitate the absorption of T’s SRLY loss each year and will result in a material tax benefit. (ii)Reasonably foreseeable. Because at the time of the issuance, it is reasonably foreseeable that the shifting of interest income from the off-market obligation will secure a material tax benefit that the group or its members would not otherwise en- joy, under paragraph (g)(4)(iii) of this section, the intercompany obligation is treated, for all Federal income tax purposes, as originally issued for its fair market value so T is treated as purchasing the note at a premium. The difference between the amount loaned and the fair market value of the obligation is treated as transferred from P to T as a capital con- tribution at the time the note is issued. Throughout the term of the note, T takes into account interest income and bond premium and P takes into account interest deduction and bond issuance premium under generally applicable Internal Revenue Code sections. Because paragraph (g)(4)(iii) of this section applies, no adjustment is made under section 482. Example 10.Nonintercompany obligation be- comes intercompany obligation.(i)Facts.On January 1 of year 1, B borrows $100 from X in return for B’s note providing for $10 of interest annually at the end of each year, and repayment of $100 at the endofyear5.AsofJanuary1ofyear3,Bhasfully performed its obligations, but the note’s fair market value is $70, reflecting an increase in prevailing market interest rates. On January 1 of year 3, P buys all of X’s stock. B is solvent within the meaning of section 108(d)(3). (ii)Deemed satisfaction and reissuance. Under paragraph (g)(5)(ii) of this section, B’s note is treated as satisfied for $70 (determined under the principles of §1.108–2(f)(2)) immediately after it becomes an intercompany obligation. Both X’s $30 capital loss (under section 1271(a)(1)) and B’s $30 of discharge of indebtedness income (under §1.61–12) are taken into account in determining consolidated taxable in- come for year 3. Under paragraph (g)(6)(i)(B) of this section, the attributes of items resulting from the sat- isfaction are determined on a separate entity basis. But see section 382 and §1.1502–15 (as appropriate). B is also treated as reissuing a new note to X. The new note is an intercompany obligation, it has a $70 issue price and $100 stated redemption price at ma- turity, and the $30 of original issue discount will be takenintoaccountbyBandXinthesamemanneras provided in paragraph (iii) ofExample 1of this para- graph (g)(7). (iii)Amortization of repurchase premium.The facts are the same as in paragraph (i) of thisExam- ple 10, except that on January 1 of year 3, the B note has a fair market value of $130 and rather than pur- chasing the X stock, S purchases the B note from X by issuing its own note. The S note has an issue price, stated redemption price at maturity, stated principal amount, and a fair market value of $130. Under para- graph (g)(5)(ii) of this section, B’s note is treated as satisfied for $130 (determined under the principles of §1.108–2(f)(1)) immediately after it becomes an in- tercompany obligation. As a result of the deemed satisfaction of the note, S has no gain or loss and B has $30 of repurchase premium. Under paragraph (g)(6)(iii) of this section, B’s $30 of repurchase pre- mium from the deemed satisfaction is amortized by B over the term of the newly issued S note in the same manner as if it were original issue discount and the newly issued S note had been issued directly by B. BisalsotreatedasreissuinganewnotetoS.The new note is an intercompany obligation, it has a $130 issue price and $100 stated redemption price at ma- turity, and the treatment of B’s $30 of bond issuance premium under the new B note is determined under §1.163–13. (iv)Election to file consolidated returns. Assume instead that B borrows $100 from S during year 1, but the P group does not file consolidated returns un- til year 3. Under paragraph (g)(5)(ii) of this section, B’s note is treated as satisfied and reissued as a new note immediately after the note becomes an intercom- pany obligation. The satisfaction and reissuance are deemed to occur on January 1 of year 3, for the fair market value of the obligation (determined under the principles of §1.108–2(f)(2)) at that time. Example 11.Notional principal contracts.(i) Facts. On April 1 of year 1, M1 enters into a contract with counterparty M2 under which, for a term of five years, M1 is obligated to make a payment to M2 each April 1, beginning in year 2, in an amount equal to the London Interbank Offered Rate (LIBOR), as de- termined by reference to LIBOR on the day each pay- ment is due, multiplied by a $1,000 notional principal amount. M2 is obligated to make a payment to M1 each April 1, beginning in year 2, in an amount equal to 8 percent multiplied by the same notional principal amount.LIBORis7.80percentonApril1ofyear2, andtherefore,M2owes$2toM1. (ii)Matching rule. Under §1.446–3(d), the net income (or net deduction) from a notional principal contract for a taxable year is included in (or deducted from) gross income. Under §1.446–3(e), the ratable daily portion of M2’s obligation to M1 as of Decem- ber 31 of year 1 is $1.50 ($2 multiplied by 275/365). Under the matching rule, M1’s net income for year 1 of $1.50 is taken into account to reflect the differ- ence between M2’s net deduction of $1.50 taken into account and the $0 recomputed net deduction. Simi- larly, the $.50 balance of the $2 of net periodic pay- ments made on April 1 of year 2 is taken into ac- count for year 2 in M1’s and M2’s net income and net deduction from the contract. In addition, the at- tributes of M1’s intercompany income and M2’s cor- responding deduction are redetermined to produce the same effect as if the transaction had occurred between divisions of a single corporation. Under paragraph (c)(4)(i) of this section, the attributes of M2’s corresponding deduction control the attributes of M1’s intercompany income. (Although M1 is the selling member with respect to the payment on April 1 of year 2, it might be the buying member in a sub- sequent period if it owes the net payment.) (iii)Dealer. The facts are the same as in para- graph (i) of thisExample 11,exceptthatM2isa dealer in securities, and the contract with M1 is not inventory in the hands of M2. Under section 475, M2 must mark its securities to fair market value at year-end. Assume that under section 475, M2’s loss from marking to fair market value the contract with M1 is $10. Because M2 realizes an amount of loss from the mark to fair market value of the contract, the transaction is a triggering transaction under para- graph (g)(3)(i)(A)(1) of this section. Under para- graph (g)(3)(ii) of this section, M2 is treated as mak- ing a $10 payment to M1 to terminate the contract im- mediately before a new contract is treated as reissued with an up-front payment by M1 to M2 of $10. M1’s $10 of income from the termination payment is taken into account under the matchingruletoreflectM2’s deduction under §1.446–3(h). The attributes of M1’s intercompany income and M2’s corresponding de- duction are redetermined to produce the same effect as if the transaction had occurred between divisions of a single corporation. Under paragraph (c)(4)(i) of this section, the attributes of M2’s corresponding de- duction control the attributes of M1’s intercompany income. Accordingly, M1’sincome is treated as or- dinary income. Under §1.446–3(f), the deemed $10 up-front payment by M1 to M2 in connection with the issuance of a new contract is taken into account over the term of the new contract in a manner reflect- ing the economic substance of the contract (for ex- ample, allocating the payment in accordance with the forward rates of a series of cash-settled forward con- tracts that reflect the specified index and the $1,000 notional principal amount). (The timing of taking items into account is the same if M1, rather than M2, is the dealer subject to the mark-to-market re- quirement of section 475 at year-end. However in this case, because the attributes of the corresponding deduction control the attributes of the intercompany income, M1’s income from the deemed termination payment from M2 might be ordinary or capital). Un- der paragraph (g)(3)(ii)(A) of this section, section 475 does not apply to mark the notional principal contract to fair market value after its deemed satisfaction and reissuance. (8)Effective/applicability date.The rules of this paragraph (g) apply to transac- tions involving intercompany obligations occurring in consolidated return years be- ginning on or after the date of publication of the Treasury decision adopting these rules as final regulations in theFederal Register. ***** Kevin M. Brown, Deputy Commissioner for Services and Enforcement. (Filed by the Office of the Federal Register on September 24, 2007, 8:45 a.m., and published in the issue of the Federal Register for September 28, 2007, 72 F.R. 55139) 2007–44 I.R.B.921October 29, 2007 IRS and the George Washington University Law School to Sponsor Institute on International Tax Issues Announcement 2007–100 The Internal Revenue Service an- nounces the Twentieth Annual Institute on Current Issues in International Taxation, jointly sponsored by the Internal Rev- enue Service and The George Washington University Law School, to be held on December 13 and 14, 2007, at the Grand Hyatt Washington Hotel in Washington, DC. Registration is currently underway for the Institute, which is intended for international tax professionals. The program will present a unique op- portunity for top IRS and Treasury offi- cials and tax experts, OECD officials and other government tax authorities, and lead- ing private sector specialists, to address breaking issues and present key perspec- tives on new developments. The first day will feature a discussion by U.S. and for- eign tax authorities of current international tax controversies. The first day will also feature sessions on the following: •The OECD: From the Outside, Look- ing In •Current Inbound and Outbound Devel- opments •Transfer Pricing Challenges •International Tax Challenges: Real Cases, Real Advice •Hot Issues in Cross-Border Merge rs & Acquisitions The second day will focus on the fol - lowing topics: •Trends in Interpreting Key Judicial Doctrines •International Tax Controversies •Impact of Major OECD Initiatives •Foreign Tax Credit Planning — The Good, The Bad, and The Ugly. On the second day, The Honorable Eric Solomon, Assistant Secretary (Tax Pol- icy), U.S. Department of the Treasury, will deliver the luncheon address. The second day will also include an “Ask the IRS” panel featuring senior officials from the Service. Those interested in attending or ob- taining more information should contact The George Washington University Law School, athttp://www.law.gwu.edu/ciit. Revised Regulations Concerning Section 403(b) Tax-Sheltered Annuity Contracts; Correction Announcement 2007–102 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendments. SUMMARY: This document contains cor- rections to final regulations (T.D. 9340, 2007–36 I.R.B. 487) that were published in theFederal Registeron Thursday, July 26, 2007 (72 FR 41128) providing updated guidance on section 403(b) contracts of public schools and tax-exempt organiza- tions described in section 501(c)(3). These regulations will affect sponsors of section 403(b) contracts, administrators, partici- pants, and beneficiaries. DATES: The correction is effective September 25, 2007. FOR FURTHER INFORMATION CONTACT: Concerning the regulations, John Tolleris at (202) 622–6060; concern- ing the regulations as applied to church-re- lated entities, Robert Architect at (202) 283–9634 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background The final regulations that are the subject of this correction areunder section 403(b) of the Internal Revenue Code. Need for Correction As published, final regulations (T.D. 9340) contain errors that may prove to be misleading and are in need of clarification. Correction of Publication Accordingly, 26 CFR part 1 is cor- rected by making the following correcting amendments: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read, in part, as follows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.403(b)–2 is amended by revising paragraph (b)(8)(i)(A), para- graph (b)(9), second sentence, and para- graph (b)(11), fourth sentence, to read as follows: § 1.403(b)–2 Definitions. ***** (b) * * * (8) * * * (i) * * * (A) A State, but only with respect to an employee of the State performing services for a public school; ***** (9) * * * Subject to any rules in § 1.403(b)–1, this section, and §§ 1.403(b)–3 through 1.403(b)–11 that are specifically applicable to ministers, an employee also includes a minister described in section 414(e)(5)(A) when performing services in the exercise of his or her ministry. ***** (11)***Includiblecompensation also includes any elective deferral or other amount contributed or deferred by the eligible employer at the election of the employee that would be includible in the gross income of the employee but for the rules of sections 125, 132(f)(4), 402(e)(2), 402(h)(1)(B), 402(k), or 457(b). * * * ***** Par. 3. Section 1.403(b)–3 is amended by revising paragraph (b)(3)(i), last sen- tence, paragraph (c)(2), last sentence, and paragraph (d)(1)(ii), last sentence, to read as follows: § 1.403–3 Exclusion for contributions to purchase section 403(b) contracts. ***** (b) * * * (3) * * * October 29, 20079222007–44 I.R.B. (i)***However,ifaplancontains any optional provisions, the optional pro- visions must meet, in both form and operation, the relevant requirements under section 403(b), this section, and §§ 1.403(b)–4 through 1.403(b)–11. ***** (c) * * * (2)***Similarly,adesignatedRoth account under a section 403(b) plan is sub- ject to the rules of sections 401(a)(9)(A) and (B) and § 1.403(b)–6(e). ***** (d) * * * (1) * * * (ii) * * * However, any failure that is not a operational failure adversely affects all contracts issued under the plan, includ- ing: a failure to have contracts issued pur- suant to a written defined contribution plan which, in form, satisfies the requirements of § 1.403(b)–1, § 1.403(b)–2, this section, and §§ 1.403(b)–4 through 1.403(b)–11 (a written plan failure); a nondiscrimination failure; or an employer eligibility failure. ***** Par. 4. Section 1.403(b)–4 is amended by revising paragraph (b)(1), third sen- tence, paragraph (c)(3)( i)(B)(2), and para- graph (e)(7), second sentence, to read as follows: § 1.403(b)–4 Contribution limitations. ***** (b) * * * (1) * * * For purposes of section 415, contributions made for a participant are aggregated to the extent applicable under sections 414(b), (c), (m), (n), and (o). * * * ***** (c) * * * (3) * * * (i) * * * (B)*** (2) The total elective deferrals de- scribed in section 402(g)(7)(A)(ii) made for the qualified employee by the qualified organization for prior years; or ***** (e) * * * (7) * * * In such a case, there is first taken into account his or her service dur- ing the annual work period for which the last year of service’s includible compen- sation is being determined; then there is taken into account his or her service during his or her next preceding annual work pe- riod based on whole months; and so forth until the employee’s service equals, in the aggregate, one year of service. ***** Par. 5. Section 1.403(b)–6 is amended by revising paragraph (e)(3) and paragraph (e)(5), last sentence, to read as follows: § 1.403(b)–6 Timing of distributions and benefits. ***** (e) * * * (3)***Therequiredbeginningdate for purposes of section 403(b)(10) is April 1 of the calendar year following the later of the calendar year in which the employee attains age 70 1 /2or the calendar year in which the employee retires from employ- ment with the employer maintaining the plan. However, for any section 403(b) contract that is not part of a governmental plan or church plan, the required beginning date for a 5-percent owner is April 1 of the calendar year following the calendar year in which the employee attains age 70 1 /2. ***** (5) * * * See also § 1.403(b)–9(a)(5) for additional rules relating to annuities payable from a retirement income ac- count). ***** Par. 6. Section 1.403(b)–11 is amended by revising paragraph (c)(2) to read as fol- lows: § 1.403(b)–11 Applicable dates. ***** (c) * * * (2) In the case of a loan or other ex- tension of credit to the employer that was entered into under a retirement income ac- count before July 26, 2007, the plan does not fail to satisfy § 1.403(b)–9(a)(2)(i)(C) on account of the loan or other extension of credit if the plan takes reasonable steps to eliminate the loan or other extension of credit to the employer before the ap- plicable date for § 1.403(b)–9(a)(2) or as promptly as practical thereafter (including taking steps after July 26, 2007 and before the applicable date). ***** Par. 7. Section 1.414(c)–5 is amended by revising paragraph (g)Example 3.(i), first sentence, to read as follows: § 1.414(c)–5 Certain tax-exempt organizations. ***** (g) * * * Example 3.*** (i)***OrganizationsOandPareeach tax-ex- empt organizations under section 501(c)(3). * * * ***** LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). (Filed by the Office of the Federal Register on September 24, 2007, 8:45 a.m., and published in the issue of the Federal Register for September 25, 2007, 72 F.R. 54351) Section 1045 Application to Partnerships; Correction Announcement 2007–103 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendments. SUMMARY: This document contains cor- rections to final regulations (T.D. 9353, 2007–40 I.R.B. 721) that were published in theFederal Registeron Tuesday, Au- gust 14, 2007 (72 FR 45346) relating to the application of section 1045 of the Inter- nal Revenue Code to partnerships and their partners. DATES: This correction is effective Octo- ber 10, 2007. FOR FURTHER INFORMATION CONTACT: Jian H. Grant at (202) 622–3050 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations that are the subject of this correction are under section 1045 of the Internal Revenue Code. 2007–44 I.R.B.923October 29, 2007 Need for Correction As published, final regulations (T.D. 9353) contain errors that may prove to be misleading and are in need of clarification. ***** Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following amendments: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read, in part, as follows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.1045–1 is amended by revising the last sentence of para- graph (c)(1)(i), the subtitle of paragraph (c)(2)(i), the first five sentences of para- graph (h)(3)(i)Example 3.(i), the fourth sentence of (h)(3)(i)Example 5.(v), and the first sentence of (h)(3)(i)Example 12.(ii) to read as follows: § 1.1045–1 Application to partnerships. ***** (c) * * * (1) * * * (i) * * * A taxpayer other than a C cor- poration that sells QSB stock held for more than 6 months at the time of the sale may elect in accordance with paragraph (h) of this section to apply section 1045 if re- placement QSB stock is purchased by a purchasing partnership (including a selling partnership). ***** (2) * * * (i)General rule. ***** (h) * * * (3) * * * (i) * * * Example 3. *** (i) On January 1, 2008, A, an individual, and B, an individual, each contribute $500 to UTP (upper- tier partnership) for equal partnership interests. On February 1, 2008, UTP and C, an individual, each contribute $1,000 to LTP (lower-tier partnership) for equal partnership interests. On March 1, 2008, LTP purchases QSB stock for $500. On April 1, 2008, D, an individual, joins UTP by contributing $500 to UTP for a 1 /3interest in UTP. On December 1, 2008, LTP sells the QSB stock for $2,000. * * * ***** Example 5. *** (v) * * * In accordance with the principles of § 1.743–1(j)(3), the amount of A’s gain from the March 30, 2009, sale of replacement QSB1 stock in which A has a $200 negative basis adjustment equals $300 (A’s share of PRS’ gain from the sale of replacement QSB1 stock ($100), increased by the amount of A’s negative basis adjustment for replace- ment QSB1 stock ($200)). * * * ***** Example 12. *** (ii) Because A p urchased within 60 days of PRS’ sale of the QSB stock, replacement QSB stock for a cost equal to A’s share of the partnership’s amount realized on th e sale of the QSB stock, and because A made a valid election to apply section 1045 with respect to A’s share of the gain from PRS’ sale of the QSB stock, A does not recognize A’s $100 dis- tributive share of the gain from PRS’ sale of the QSB stock. * * * ***** LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). (Filed by the Office of the Federal Register on October 9, 2007, 8:45 a.m., and published in the issue of the Federal Register for October 10, 2007, 72 F.R. 57487) Announcement of Disciplinary Actions Involving Attorneys, Certified Public Accountants, Enrolled Agents, and Enrolled Actuaries — Reinstatements, Suspensions, Censures, Disbarments, and Resignations Announcement 2007-104 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. October 29, 20079242007–44 I.R.B. Reinstatement To Practice Before the Internal Revenue Service Under Title 31, Code of Federal Reg- ulations, Part 10, The Director, Office of Professional Responsibility, may entertain a petition for reinstatement for any attor- ney, certified public accountant, enrolled agent, or enrolled actuary censured, sus- pended, or disbarred, from practice before the Internal Revenue Service. The following individuals’ eligibility to practice before the Internal Revenue Ser- vice has been restored: NameAddressDesignationDate of Reinstatement Dotson, Lewis S.Mattoon, ILAttorneyApril 8, 2007 Adams, Jr., Joseph T.Philadelphia, PAEnrolled AgentJuly 30, 2007 Cramer, George C.Chicago, ILCPAJuly 30, 2007 Garlikov, Mark B.Dayton, OHAttorneyJuly 30, 2007 Grant, Elaine C.Woodway, WAEnrolled AgentJuly 30, 2007 Rubesh, LelandGillette, WYCPAJuly 30, 2007 Schawe, Rudolph B.Brenham, TXEnrolled AgentJuly 30, 2007 Sobel, Herbert L.Elkins Park, PACPAJuly 30, 2007 Welch, Frank G.Stamford, CTCPAJuly 30, 2007 Ferguson, Charles E.Naples, FLCPAJuly 31, 2007 Lim, Edgar E.St. Louis, MOAttorneyJuly 31, 2007 Sneathen, Lowell D.Orange, CACPAAugust 30, 2007 Smith, David B.Kettering, OHEnrolled AgentSeptember 9, 2007 Young, Ronald B.Fairfield, CTCPASeptember 9, 2007 Sheiman, Alan P.Sherman Oaks, CAEnrolled AgentSeptember 14, 2007 DiSiena, Frank E.Somers, NYCPASeptember 19, 2007 Leggio, Joseph J.Katonah, NYCPASeptember 24, 2007 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 the institution or conclusion of a proceeding for his or her disbarment or suspension from prac- tice before the Internal Revenue Service, may offer his or her consent to suspension from such practice. The Director, Office of Professional Responsibility, in his dis- cretion, may suspend an attorney, certified public accountant, enrolled agent, or en- rolled actuary in accordance with the con- sent offered. The following individuals have been placed under consent suspension from practice before the Internal Revenue Ser- vice: NameAddressDesignationDate of Suspension Hunter, RichardMoweaqua, ILEnrolled AgentIndefinite from July 16, 2007 2007–44 I.R.B.925October 29, 2007 NameAddressDesignationDate of Suspension Sheehy, William J.Northville, MIAttorneyIndefinite from July 16, 2007 Szwyd, Edward R.Housatonic, MACPAIndefinite from July 16, 2007 Lettieri, Louis E.Red Bank, NJCPAIndefinite from August 1, 2007 Stein, Jerold A.Alpharetta, GACPAIndefinite from August 1, 2007 Tutino, Philip R.East Hampton, NYCPAIndefinite from August 1, 2007 Dorr, Mark A.Gillette, WYCPAIndefinite from August 7, 2007 Nelson, Carole S.Riverside, CAEnrolled AgentIndefinite from August 8, 2007 Siegel, HerbertNew City, NYCPAIndefinite from August 10, 2007 Taylor, Linda W.Las Vegas, NVCPAIndefinite from August 15, 2007 Finkelstein, MeyerStaten Island, NYCPAIndefinite from August 15, 2007 Schenck, Thomas M.Tampa, FLCPAIndefinite from August 20, 2007 Shah, Sudhir P.Richardson, TXCPAIndefinite from August 20, 2007 Bender, Elmer P.Missoula, MTCPAIndefinite from August 31, 2007 Tselepis, JohnJarrettsville, MDCPAIndefinite from September 5, 2007 Perez, Ricardo L.Cedar Lake, INCPAIndefinite from September 10, 2007 October 29, 20079262007–44 I.R.B. NameAddressDesignationDate of Suspension Golden, Roberta A.Framington, MAAttorneyIndefinite from September 13, 2007 Ward, Thomas R.St. Louis Park, MNAttorneyIndefinite from September 13, 2007 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 Murphy, John F.Wellsboro, PAAttorneyIndefinite from June 28, 2007 Aakre, Steven K.Hawley, MNAttorneyIndefinite from July 11, 2007 Brogan, Jane K.York, NEAttorneyIndefinite from July 11, 2007 Clark, Clifford A.Raleigh, NCCPAIndefinite from July 11, 2007 Downing, Jr., Eugene W.Arlington, MAAttorneyIndefinite from July 11, 2007 Kahn, Arthur M.Woodstock, NYAttorneyIndefinite from July 11, 2007 Kossmeyer, Carl F.Town andCountry, MOCPAIndefinite from July 11, 2007 Lee, John C.Charlotte,NCAttorneyIndefinite from July 11, 2007 McAvoy, Donald L.Windermere, FLCPAIndefinite from July 11, 2007 2007–44 I.R.B.927October 29, 2007 NameAddressDesignationDate of Suspension McCabe, Edwin A.Gloucester, MAAttorneyIndefinite from July 11, 2007 O’Donnell, Judith R.Westborough, MAAttorneyIndefinite from July 11, 2007 Taylor, John G.Lincoln, NEAttorneyIndefinite from July 11, 2007 Turner, D. ScottMooresville, NCAttorneyIndefinite from July 11, 2007 Csaszar, James J.Columbus, OHCPAIndefinite from July 13, 2007 Fischer, Mark W.Boulder, COAttorneyIndefinite from July 16, 2007 Behunin, Michael N.Sandy, UTAttorneyIndefinite from August 8, 2007 Carpenter, Jr., Darwin R.Melbourne, FLCPAIndefinite from August 23, 2007 Gresham, James L.Broken Arrow, OKCPAIndefinite from August 23, 2007 Krezminski, Allen D.Milwaukee, WIAttorneyIndefinite from August 23, 2007 Neary, Hugh M.Ottumwa, IAAttorneyIndefinite from August 23, 2007 Weiss, Randy A.Potomac, MDAttorneyIndefinite from August 23, 2007 Whiddon, Edward L.Houston, TXCPAIndefinite from August 23, 2007 Hazen, Robert D.Lindon, UTCPAIndefinite from August 29, 2007 Schafer, III, Harry J.Edmond, OKCPAIndefinite from September 6, 2007 October 29, 20079282007–44 I.R.B. NameAddressDesignationDate of Suspension Pullin, Wendy F.San Antonio, TXCPAIndefinite from September 24, 2007 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 Newton, Douglas M.Fernandina Beach, FLCPAIndefinite from June 4, 2007 Snell, Barry A.Santa Monica, CACPAIndefinite from June 6, 2007 Khoury, Naif S.Fort Smith, ARAttorneyIndefinite from June 14, 2007 Bukovac, JaneAlexandria, VAEnrolled AgentIndefinite from June 29, 2007 Kreke, David J.Bartelso, ILEnrolled AgentIndefinite from July 12, 2007 Dunkley, John D.San Antonio, TXEnrolled AgentIndefinite from July 27, 2007 Disbarments From Practice Before the Internal Revenue Service After Notice and an Opportunity for a Proceeding Under Title 31, Code of Federal Regu- lations, Part 10, after notice and an oppor- tunity for a proceeding before an adminis- trative law judge, the following individu- als have been disbarred from practice be- fore the Internal Revenue Service: NameAddressDesignationEffective Date Ruocchio, RobertHavertown, PACPAJune 11, 2007 Turner, John S.Paradise, CAEnrolled AgentJune 15, 2007 Johnson, Ted R.Frankfort, INAttorneyJuly 30, 2007 Ayers, Dani D.Kelseyville, CAEnrolled AgentAugust 6, 2007 2007–44 I.R.B.929October 29, 2007 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. October 29, 2007i2007–44 I.R.B. Numerical Finding List 1 Bulletins 2007–27 through 2007–44 Announcements: 2007-61, 2007-28 I.R.B.84 2007-62, 2007-29 I.R.B.115 2007-63, 2007-30 I.R.B.236 2007-64, 2007-29 I.R.B.125 2007-65, 2007-30 I.R.B.236 2007-66, 2007-31 I.R.B.296 2007-67, 2007-32 I.R.B.345 2007-68, 2007-32 I.R.B.348 2007-69, 2007-33 I.R.B.371 2007-70, 2007-33 I.R.B.371 2007-71, 2007-33 I.R.B.372 2007-72, 2007-33 I.R.B.373 2007-73, 2007-34 I.R.B.435 2007-74, 2007-35 I.R.B.483 2007-75, 2007-36 I.R.B.540 2007-76, 2007-36 I.R.B.560 2007-77, 2007-38 I.R.B.662 2007-78, 2007-38 I.R.B.663 2007-79, 2007-40 I.R.B.749 2007-80, 2007-38 I.R.B.667 2007-81, 2007-38 I.R.B.667 2007-82, 2007-40 I.R.B.749 2007-83, 2007-40 I.R.B.752 2007-84, 2007-41 I.R.B.797 2007-85, 2007-39 I.R.B.719 2007-86, 2007-39 I.R.B.719 2007-87, 2007-40 I.R.B.753 2007-88, 2007-42 I.R.B.801 2007-89, 2007-41 I.R.B.798 2007-90, 2007-42 I.R.B.856 2007-91, 2007-42 I.R.B.857 2007-92, 2007-42 I.R.B.857 2007-93, 2007-42 I.R.B.858 2007-94, 2007-42 I.R.B.858 2007-95, 2007-43 I.R.B.894 2007-96, 2007-42 I.R.B.859 2007-97, 2007-43 I.R.B.895 2007-98, 2007-43 I.R.B.896 2007-99, 2007-43 I.R.B.896 2007-100, 2007-44 I.R.B.922 2007-101, 2007-43 I.R.B.898 2007-102, 2007-44 I.R.B.922 2007-103, 2007-44 I.R.B.923 2007-104, 2007-44 I.R.B.924 Notices: 2007-54, 2007-27 I.R.B.12 2007-55, 2007-27 I.R.B.13 2007-56, 2007-27 I.R.B.15 2007-57, 2007-29 I.R.B.87 2007-58, 2007-29 I.R.B.88 Notices— Continued: 2007-59, 2007-30 I.R.B.135 2007-60, 2007-35 I.R.B.466 2007-61, 2007-30 I.R.B.140 2007-62, 2007-32 I.R.B.331 2007-63, 2007-33 I.R.B.353 2007-64, 2007-34 I.R.B.385 2007-65, 2007-34 I.R.B.386 2007-66, 2007-34 I.R.B.387 2007-67, 2007-35 I.R.B.467 2007-68, 2007-35 I.R.B.468 2007-69, 2007-35 I.R.B.468 2007-70, 2007-40 I.R.B.735 2007-71, 2007-35 I.R.B.472 2007-72, 2007-36 I.R.B.544 2007-73, 2007-36 I.R.B.545 2007-74, 2007-37 I.R.B.585 2007-75, 2007-39 I.R.B.679 2007-76, 2007-40 I.R.B.735 2007-77, 2007-40 I.R.B.735 2007-78, 2007-41 I.R.B.780 2007-79, 2007-42 I.R.B.809 2007-80, 2007-43 I.R.B.867 2007-81, 2007-44 I.R.B.899 2007-82, 2007-44 I.R.B.904 Proposed Regulations: REG-107592-00, 2007-44 I.R.B.908 REG-121475-03, 2007-35 I.R.B.474 REG-128274-03, 2007-33 I.R.B.356 REG-114084-04, 2007-33 I.R.B.359 REG-149036-04, 2007-33 I.R.B.365 REG-149036-04, 2007-34 I.R.B.411 REG-101001-05, 2007-36 I.R.B.548 REG-119097-05, 2007-28 I.R.B.74 REG-128843-05, 2007-37 I.R.B.587 REG-142695-05, 2007-39 I.R.B.681 REG-143326-05, 2007-43 I.R.B.873 REG-143397-05, 2007-41 I.R.B.790 REG-147171-05, 2007-32 I.R.B.334 REG-148951-05, 2007-36 I.R.B.550 REG-163195-05, 2007-33 I.R.B.366 REG-118886-06, 2007-37 I.R.B.591 REG-128224-06, 2007-36 I.R.B.551 REG-138707-06, 2007-32 I.R.B.342 REG-139268-06, 2007-34 I.R.B.415 REG-142039-06, 2007-34 I.R.B.415 REG-144540-06, 2007-31 I.R.B.296 REG-148393-06, 2007-39 I.R.B.714 REG-103842-07, 2007-28 I.R.B.79 REG-106143-07, 2007-43 I.R.B.881 REG-113891-07, 2007-42 I.R.B.821 REG-116215-07, 2007-38 I.R.B.659 REG-118719-07, 2007-37 I.R.B.593 REG-129916-07, 2007-43 I.R.B.891 Revenue Procedures: 2007-42, 2007-27 I.R.B.15 2007-43, 2007-27 I.R.B.26 2007-44, 2007-28 I.R.B.54 2007-45, 2007-29 I.R.B.89 2007-46, 2007-29 I.R.B.102 2007-47, 2007-29 I.R.B.108 2007-48, 2007-29 I.R.B.110 2007-49, 2007-30 I.R.B.141 2007-50, 2007-31 I.R.B.244 2007-51, 2007-30 I.R.B.143 2007-52, 2007-30 I.R.B.222 2007-53, 2007-30 I.R.B.233 2007-54, 2007-31 I.R.B.293 2007-55, 2007-33 I.R.B.354 2007-56, 2007-34 I.R.B.388 2007-57, 2007-36 I.R.B.547 2007-58, 2007-37 I.R.B.585 2007-59, 2007-40 I.R.B.745 2007-60, 2007-39 I.R.B.679 2007-61, 2007-40 I.R.B.747 2007-62, 2007-41 I.R.B.786 2007-63, 2007-42 I.R.B.809 2007-64, 2007-42 I.R.B.818 Revenue Rulings: 2007-42, 2007-28 I.R.B.44 2007-43, 2007-28 I.R.B.45 2007-44, 2007-28 I.R.B.47 2007-45, 2007-28 I.R.B.49 2007-46, 2007-30 I.R.B.126 2007-47, 2007-30 I.R.B.127 2007-48, 2007-30 I.R.B.129 2007-49, 2007-31 I.R.B.237 2007-50, 2007-32 I.R.B.311 2007-51, 2007-37 I.R.B.573 2007-52, 2007-37 I.R.B.575 2007-53, 2007-37 I.R.B.577 2007-54, 2007-38 I.R.B.604 2007-55, 2007-38 I.R.B.604 2007-56, 2007-39 I.R.B.668 2007-57, 2007-36 I.R.B.531 2007-58, 2007-37 I.R.B.562 2007-59, 2007-37 I.R.B.582 2007-60, 2007-38 I.R.B.606 2007-61, 2007-42 I.R.B.799 2007-62, 2007-41 I.R.B.767 2007-63, 2007-41 I.R.B.778 Tax Conventions: 2007-75, 2007-36 I.R.B.540 2007-88, 2007-42 I.R.B.801 Treasury Decisions: 9326, 2007-31 I.R.B.242 1 A cumulative list of all revenue rulings, revenueprocedures, Treasury decisions, etc., publishedin Internal Revenue Bulletins 2007–1 through 2007–26 is in Internal Revenue Bulletin 2007–26, dated June 25, 2007. 2007–44 I.R.B.iiOctober 29, 2007 Treasury Decisions— Continued: 9327, 2007-28 I.R.B.50 9328, 2007-27 I.R.B.1 9329, 2007-32 I.R.B.312 9330, 2007-31 I.R.B.239 9331, 2007-32 I.R.B.298 9332, 2007-32 I.R.B.300 9333, 2007-33 I.R.B.350 9334, 2007-34 I.R.B.382 9335, 2007-34 I.R.B.380 9336, 2007-35 I.R.B.461 9337, 2007-35 I.R.B.455 9338, 2007-35 I.R.B.463 9339, 2007-35 I.R.B.437 9340, 2007-36 I.R.B.487 9341, 2007-35 I.R.B.449 9342, 2007-35 I.R.B.451 9343, 2007-36 I.R.B.533 9344, 2007-36 I.R.B.535 9345, 2007-36 I.R.B.523 9346, 2007-37 I.R.B.570 9347, 2007-38 I.R.B.624 9348, 2007-37 I.R.B.563 9349, 2007-39 I.R.B.668 9350, 2007-38 I.R.B.607 9351, 2007-38 I.R.B.616 9352, 2007-38 I.R.B.621 9353, 2007-40 I.R.B.721 9354, 2007-41 I.R.B.759 9355, 2007-37 I.R.B.577 9356, 2007-39 I.R.B.675 9357, 2007-41 I.R.B.773 9358, 2007-41 I.R.B.769 9360, 2007-43 I.R.B.860 October 29, 2007iii2007–44 I.R.B. Finding List of Current Actions on Previously Published Items 1 Bulletins 2007–27 through 2007–44 Announcements: 84-26 Obsoleted by T.D. 9336, 2007-35 I.R.B.461 84-37 Obsoleted by T.D. 9336, 2007-35 I.R.B.461 Notices: 89-110 Modified by REG-142695-05, 2007-39 I.R.B.681 99-6 Obsoleted as of January 1, 2009 by T.D. 9356, 2007-39 I.R.B.675 2002-45 Modified by REG-142695-05, 2007-39 I.R.B.681 2003-81 Modified and supplemented by Notice 2007-71, 2007-35 I.R.B.472 2006-1 Modified by Notice 2007-70, 2007-40 I.R.B.735 2006-43 Modified by T.D. 9332, 2007-32 I.R.B.300 2006-56 Clarified by Notice 2007-74, 2007-37 I.R.B.585 2006-89 Modified by Notice 2007-67, 2007-35 I.R.B.467 2007-3 Modified by Notice 2007-69, 2007-35 I.R.B.468 2007-26 Modified by Notice 2007-56, 2007-27 I.R.B.15 Proposed Regulations: EE-16-79 Withdrawn by REG-142695-05, 2007-39 I.R.B.681 EE-130-86 Withdrawn by REG-142695-05, 2007-39 I.R.B.681 Proposed Regulations— Continued: REG-243025-96 Withdrawn by REG-142695-05, 2007-39 I.R.B.681 REG-105964-98 Withdrawn by REG-107592-00, 2007-44 I.R.B.908 REG-117162-99 Withdrawn by REG-142695-05, 2007-39 I.R.B.681 REG-157711-02 Corrected by Ann. 2007-74, 2007-35 I.R.B.483 REG-119097-05 Hearing location change by Ann. 2007-81, 2007-38 I.R.B.667 REG-142695-05 Hearing location change by Ann. 2007-91, 2007-42 I.R.B.857 REG-148951-05 Corrected by Ann. 2007-94, 2007-42 I.R.B.858 REG-109367-06 Hearing scheduled by Ann. 2007-66, 2007-31 I.R.B.296 REG-128224-06 Hearing location change by Ann. 2007-92, 2007-42 I.R.B.857 Corrected by Ann. 2007-95, 2007-43 I.R.B.894 REG-138707-06 Corrected by Ann. 2007-79, 2007-40 I.R.B.749 Cancellation of hearing by Ann. 2007-101, 2007-43 I.R.B.898 REG-143601-06 Corrected by Ann. 2007-71, 2007-33 I.R.B.372 REG-143797-06 Cancellation of hearing by Ann. 2007-85, 2007-39 I.R.B.719 REG-148393-06 Corrected by Ann. 2007-98, 2007-43 I.R.B.896 REG-103842-07 Corrected by Ann. 2007-77, 2007-38 I.R.B.662 REG-116215-07 Corrected by Ann. 2007-97, 2007-43 I.R.B.895 Revenue Procedures: 90-27 Superseded by Rev. Proc. 2007-52, 2007-30 I.R.B.222 95-28 Superseded by Rev. Proc. 2007-54, 2007-31 I.R.B.293 97-14 Modified and superseded by Rev. Proc. 2007-47, 2007-29 I.R.B.108 98-48 Modified by T.D. 9353, 2007-40 I.R.B.721 2002-9 Modified and amplified by Rev. Proc. 2007-48, 2007-29 I.R.B.110 Rev. Proc. 2007-53, 2007-30 I.R.B.233 2003-43 Supplemented by Rev. Proc. 2007-62, 2007-41 I.R.B.786 2004-42 Superseded by Notice 2007-59, 2007-30 I.R.B.135 2004-48 Supplemented by Rev. Proc. 2007-62, 2007-41 I.R.B.786 2005-16 Modified by Rev. Proc. 2007-44, 2007-28 I.R.B.54 2005-27 Superseded by Rev. Proc. 2007-56, 2007-34 I.R.B.388 2005-66 Clarified, modified, and superseded by Rev. Proc. 2007-44, 2007-28 I.R.B.54 2006-25 Superseded by Rev. Proc. 2007-42, 2007-27 I.R.B.15 2006-27 Modified by Rev. Proc. 2007-49, 2007-30 I.R.B.141 2006-33 Superseded by Rev. Proc. 2007-51, 2007-30 I.R.B.143 2006-41 Superseded by Rev. Proc. 2007-63, 2007-42 I.R.B.809 2006-45 Modified and clarified by Rev. Proc. 2007-64, 2007-42 I.R.B.818 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2007–1 through 2007–26 is in Internal Revenue Bulletin 2007–26, dated June 25, 2007. 2007–44 I.R.B.ivOctober 29, 2007 Revenue Procedures— Continued: 2006-53 Modified by Rev. Proc. 2007-60, 2007-39 I.R.B.679 2006-55 Superseded by Rev. Proc. 2007-43, 2007-27 I.R.B.26 2007-4 Modified by Notice 2007-69, 2007-35 I.R.B.468 2007-15 Superseded by Rev. Proc. 2007-50, 2007-31 I.R.B.244 Revenue Rulings: 54-378 Clarified by Rev. Rul. 2007-51, 2007-37 I.R.B.573 67-93 Obsoleted by T.D. 9347, 2007-38 I.R.B.624 69-141 Modified by REG-142695-05, 2007-39 I.R.B.681 74-299 Amplified by Rev. Rul. 2007-48, 2007-30 I.R.B.129 75-425 Obsoleted by Rev. Rul. 2007-60, 2007-38 I.R.B.606 76-278 Obsoleted by T.D. 9354, 2007-41 I.R.B.759 76-288 Obsoleted by T.D. 9354, 2007-41 I.R.B.759 76-450 Obsoleted by T.D. 9347, 2007-38 I.R.B.624 78-257 Obsoleted by T.D. 9347, 2007-38 I.R.B.624 78-369 Revoked by Rev. Rul. 2007-53, 2007-37 I.R.B.577 89-96 Amplified by Rev. Rul. 2007-47, 2007-30 I.R.B.127 92-17 Modified by Rev. Rul. 2007-42, 2007-28 I.R.B.44 Revenue Rulings— Continued: 94-62 Supplemented by Rev. Rul. 2007-58, 2007-37 I.R.B.562 2001-48 Modified by T.D. 9332, 2007-32 I.R.B.300 2002-41 Modified by REG-142695-05, 2007-39 I.R.B.681 2003-102 Modified by REG-142695-05, 2007-39 I.R.B.681 2005-24 Modified by REG-142695-05, 2007-39 I.R.B.681 2006-36 Modified by REG-142695-05, 2007-39 I.R.B.681 2006-57 Modified by Notice 2007-76, 2007-40 I.R.B.735 2007-54 Suspended by Rev. Rul. 2007-61, 2007-42 I.R.B.799 2007-59 Amplified by Notice 2007-74, 2007-37 I.R.B.585 Treasury Decisions: 8073 Removed by T.D. 9349, 2007-39 I.R.B.668 9321 Corrected by Ann. 2007-68, 2007-32 I.R.B.348 Ann. 2007-78, 2007-38 I.R.B.663 9330 Corrected by Ann. 2007-80, 2007-38 I.R.B.667 9332 Corrected by Ann. 2007-83, 2007-40 I.R.B.752 Ann. 2007-84, 2007-41 I.R.B.797 9334 Corrected by Ann. 2007-93, 2007-42 I.R.B.858 9340 Corrected by Ann. 2007-102, 2007-44 I.R.B.922 9353 Corrected by Ann. 2007-103, 2007-44 I.R.B.923 October 29, 2007v2007–44 I.R.B. INDEX Internal Revenue Bulletins 2007–27 through 2007–44 The abbreviation and number in parenthesis following the index entry refer to the specific item; numbers in roman and italic type following the parenthesis refers to the Internal Revenue Bulletin in which the item may be found and the page number on which it appears. Key to Abbreviations: AnnAnnouncement CDCourt Decision DODelegation Order EOExecutive Order PLPublic Law PTEProhibited Transaction Exemption RPRevenue Procedure RRRevenue Ruling SPRStatement of Procedural Rules TCTax Convention TDTreasury Decision TDOTreasury Department Order EMPLOYEE PLANS Benefit restrictions for underfunded pension plans (REG–113891–07) 42,821 Bona fide severance pay plan under section 457(e)(11) and sub- stantial risk of forfeiture under section 457(f) (Notice 62) 32, 331 Cafeteria plans under section 125, guidance (REG–142695–05) 39,681; change in hearing location (Ann 91) 42,857 Determination letters, staggered remedial amendments (RP 44) 28,54 Disclosure requirements with respect to prohibited tax shelter transactions (TD 9335) 34,380 Employee Plans Compliance Resolution System (EPCRS), cor- rection program (RP 49) 30,141 Form 5500, Schedule P, elimination (Ann 63) 30,236 Full funding limitations, weighted average interest rates, seg- ment rates for: July 2007 (Notice 61) 30,140 August 2007 (Notice 68) 35,468 September 2007 (Notice 75) 39,679 October 2007 (Notice 82) 44,904 Indian tribal government, Pension Protection Act of 2006 (Notice 67) 35,467 Individual retirement accounts (IRAs), deemed IRAs in govern- mental plans/qualified nonbank trustee rules (TD 9331) 32, 298 Interest rate yields for August 2007, targeted segments (Notice 81) 44,899 Mortality tables for determining present value, correction to REG–143601–06 (Ann 71) 33,372 Nonexempt employees’ trusts,income and employment tax con- sequences (RR 48) 30,129 EMPLOYEE PLANS—Cont. Nonqualified deferred compensation plans: Application of section 409A, correction to TD 9321 (Ann 68) 32,348; additional correction to TD 9321 (Ann 78) 38,663 Transition relief and additional guidance on the application of section 409A (Notice 78) 41,780 Proposed Regulations: 26 CFR 1.72–15, amended; 1.105–4, –6, removed; 1.106–1, amended; 1.401–1, amended; 1.402(a)–1, amended; 1.402(c)–2, amended; 1.403(a)–1, amended; 1.403(b)–6, amended; medical and accident insurance benefits under qualified plans (REG–148393–06) 39,714; correction (Ann 98) 43,896 26 CFR 1.125–0, –1, –2, –5, –6, –7, added; employee bene- fits – cafeteria plans (REG–142695–05) 39,681;changein hearing location (Ann 91) 42,857 26 CFR 1.430(f)–1, added; 1.436–1, added; benefit restric- tions for underfunded pension plans (REG–113891–07) 42, 821 26 CFR 1.430(h)(3)–2, amended;mortality tables for deter- mining present value, correction to REG–143601–06 (Ann 71) 33,372 26 CFR 1.6033–5, added; 53.4965–1 thru –9, added; 53.6071–1,amended;54.6011–1,amended; 301.6011(g)–1, added; 301.6033–5, added; excise taxes on prohibited tax shelter transactions and related dis- closure requirements, disclosure requirements with respect to prohibited tax shelter transactions, requirement of return and time for filing (REG–142039–06; REG–139268–06) 34,415 Qualified retirement plans: Pension plans, normal retirement age (Notice 69) 35,468 Pre-approved defined benefitplans, GUST amendments (Ann 61) 28,84 Section 401(a), pre-approved plans, defined contribution plans, temporary stop in accepting applications beginning December 18, 2007 (Ann 90) 42,856 Regulations: 26 CFR 1.402(b)–1, amended; 1.402(g)(3)–1, added; 1.402A–1, revised; 1.403(b)–0, added; 1.403(b)–1, –2, –3, revised; 1.403(b)–4 thru –11, added; 1.403(d)–1, removed; 1.414(c)–5 redesignated as 1.414(c)–6; new 1.414(c)–5, added; 602.101, amended; revised regulations concerning section 403(b) tax-sheltered annuity contracts (TD 9340) 36,487 26 CFR 1.408–2(e)(8), revised; 1.408–2T, removed; deemed IRAs in governmental plans/qualified nonbank trustee rules (TD 9331) 32,298 26 CFR 1.409A–1, –2, –3, –6, amended; application of sec- tion 409A to nonqualified deferred compensation plans; correctiontoTD9321(Ann78)38,663 26 CFR 1.6033–5T, added; 301.6033–5T, added; disclosure requirements with respect to prohibited tax shelter transac- tions (TD 9335) 34,380 2007–44 I.R.B.viOctober 29, 2007 EMPLOYEE PLANS—Cont. 26 CFR 53.6011–1, amended; 53.6071–1, amended; 53.6071–1T, added; 54.6011–1, –1T, amended; require- ment of return and time for filing (TD 9334) 34,382 Requirement of return and time for filing with respect to section 4965 taxes (TD 9334) 34,382; (REG–142039–06) 34,415; (REG–139268–06) 34,415 Tax-sheltered annuities, section 403(b) contracts (TD 9340) 36, 487 Terminations and partial terminations, turnover of employees, presumption (RR 43) 28,45 Use of qualified plan amounts to pay health insurance premiums (REG–148393–06) 39,714; correction (Ann 98) 43,896 EMPLOYMENT TAX American Jobs Creation Act (AJCA), modifications to the sec- tion 6011 regulations (TD 9350) 38,607 Disregarded entities, employment and excise taxes (TD 9356) 39,675 Liens, changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (TD 9344) 36,535; correction (Ann 93) 42,858; (REG–148951–05) 36,550; correction (Ann 94) 42,858 Nonexempt employees’ trusts,income and employment tax con- sequences (RR 48) 30,129 Penalties, transitional relief for the return preparer penalty pro- visions under section 6694 (Notice 54) 27,12 Proposed Regulations: 26 CFR 301.6343–2, amended; 301.7425–3, amended; changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (REG–148951–05) 36,550; correction (Ann 94) 42, 858 Publications: 1141, General Rules and Specifications for Substitute Forms W-2 and W-3, revised (RP 43) 27,26 4436, General Rules and Specifications for Substitute Form 941 and Schedule B (Form 941), revised (RP 42) 27,15 Qualified transportation fringes, smart cards, debit or credit cards, or other electronic media, Rev. Rul. 2006–57’s effec- tive date delayed from January 1, 2008 to January 1, 2009 (Notice 76) 40,735 Regulations: 26 CFR 1.34–1, revised; 1.34–2 thru –6, removed; 1.1361–4, –6, amended; 301.7701–2, amended; disregarded entities, employment and excise taxes (TD 9356) 39,675 26 CFR 1.6011–4, revised; 1.6011–4T, removed; 20.6011–4, revised; 25.6011–4, revised; 31.6011–4, revised; 53.6011–4, revised; 54.6011–4, revised; 56.6011–4, revised; AJCA modifications to the section 6011 regula- tions (TD 9350) 38,607 26 CFR 31.3402(f)(2)–1,(f)(5)–1,amended; 31.3402(f)(2)–1T, (f)(5)–1T, removed; withholding exemptions (TD 9337) 35,455 EMPLOYMENT TAX—Cont. 26 CFR 301.6343–2, amended; 301.6343–2T, added; 301.7425–3, amended; 301.7425–3T, added; changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (TD 9344) 36,535; correction (Ann 93) 42,858 Substitute forms: W-2 and W-3, general rules and specifications (RP 43) 27,26 941 and Schedule B (Form 941), general rules and specifica- tions (RP 42) 27,15 Withholding exemptions (TD 9337) 35,455 ESTATE TAX American Jobs Creation Act (AJCA), modifications to the sec- tion 6011 regulations (TD 9350) 38,607 Charitable lead annuity trust (CLAT): Inter vivos, sample forms (RP 45) 29,89 Testamentary, sample form (RP 46) 29,102 Generation-skipping transfer (GST) tax: Qualified severance of a trust (TD 9348) 37,563 Severance of a trust for GST tax purposes II (REG–128843–05) 37,587 Grantor retained interest trusts, application of sections 2036 and 2039 (REG–119097–05) 28,74; hearing location change (Ann 81) 38,667 Interest rates for 2007, farm real property, special use value (RR 45) 28,49 Liens, changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (TD 9344) 36,535; correction (Ann 93) 42,858; (REG–148951–05) 36,550;correction(Ann94)42,858 Penalties, transitional relief for the return preparer penalty pro- visions under section 6694 (Notice 54) 27,12 Proposed Regulations: 26 CFR 20.2036–1, amended; 20.2039–1, amended; grantor retained interest trusts-application of sections 2036 and 2039 (REG–119097–05) 28,74; hearing location change (Ann 81) 38,667 26 CFR 26.2600–1, amended; 26.2642–6, amended; 26.2654–1, amended; severance of a trust for gen- eration-skipping transfer (GST) tax purposes II (REG–128843–05) 37,587 26 CFR 301.6343–2, amended; 301.7425–3, amended; changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (REG–148951–05) 36,550;correction(Ann94)42, 858 Regulations: 26 CFR 1.1001–1, amended; 26.2600–1, amended; 26.2642–6, added; 26.2654–1, amended; 602.101, amended; qualified severance of a trust for genera- tion-skipping transfer (GST) tax purposes (TD 9348) 37, 563 October 29, 2007vii2007–44 I.R.B. ESTATE TAX—Cont. 26 CFR 1.6011–4, revised; 1.6011–4T, removed; 20.6011–4, revised; 25.6011–4, revised; 31.6011–4, revised; 53.6011–4, revised; 54.6011–4, revised; 56.6011–4, revised; AJCA modifications to the section 6011 regula- tions (TD 9350) 38,607 26 CFR 301.6343–2, amended; 301.6343–2T, added; 301.7425–3, amended; 301.7425–3T, added; changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (TD 9344) 36,535; correction (Ann 93) 42,858 EXCISE TAX American Jobs Creation Act (AJCA), modifications to the sec- tion 6011 regulations (TD 9350) 38,607 Disclosure requirements with respect to prohibited tax shelter transactions (TD 9335) 34,380 Disregarded entities, employment and excise taxes (TD 9356) 39,675 Liens, changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (TD 9344) 36,535; correction (Ann 93) 42,858; (REG–148951–05) 36,550; correction (Ann 94) 42,858 Penalties, transitional relief for the return preparer penalty pro- visions under section 6694 (Notice 54) 27,12 Proposed Regulations: 26 CFR 1.6033–5, added; 53.4965–1 thru –9, added; 53.6071–1,amended;54.6011–1,amended; 301.6011(g)–1, added; 301.6033–5, added; excise taxes on prohibited tax shelter transactions and related dis- closure requirements, disclosure requirements with respect to prohibited tax shelter transactions, requirement of return and time for filing (REG–142039–06; REG–139268–06) 34,415 26 CFR 301.6343–2, amended; 301.7425–3, amended; changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (REG–148951–05) 36,550; correction (Ann 94) 42, 858 Regulations: 26 CFR 1.34–1, revised; 1.34–2 thru –6, removed; 1.1361–4, –6, amended; 301.7701–2, amended; disregarded entities, employment and excise taxes (TD 9356) 39,675 26 CFR 1.6011–4, revised; 1.6011–4T, removed; 20.6011–4, revised; 25.6011–4, revised; 31.6011–4, revised; 53.6011–4, revised; 54.6011–4, revised; 56.6011–4, revised; AJCA modifications to the section 6011 regula- tions (TD 9350) 38,607 26 CFR 1.6033–5T, added; 301.6033–5T, added; disclosure requirements with respect to prohibited tax shelter transac- tions (TD 9335) 34,380 26 CFR 48.4081–1, –3, –5, amended; 48.4081–1T, –3T, re- moved; 602.101, amended; entry of taxable fuel (TD 9346) 37,570 EXCISE TAX—Cont. 26 CFR 53.6011–1, amended; 53.6071–1, amended; 53.6071–1T, added; 54.6011–1, –1T, amended; require- ment of return and time for filing (TD 9334) 34,382 26 CFR 301.6343–2, amended; 301.6343–2T, added; 301.7425–3, amended; 301.7425–3T, added; changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (TD 9344) 36,535; correction (Ann 93) 42,858 Requirement of return and time for filing with respect to section 4965 taxes (TD 9334) 34,382; (REG–142039–06) 34,415; (REG–139268–06) 34,415 Taxable fuel, entry into the United States (TD 9346) 37,570 EXEMPT ORGANIZATIONS American Jobs Creation Act (AJCA), modifications to the sec- tion 6011 regulations (TD 9350) 38,607 Disclosure requirements with respect to prohibited tax shelter transactions (TD 9335) 34,380 Form 1098-C, Contributions of Motor Vehicles, Boats, and Air- planes, filing location change (Notice 70) 40,735 Information and materials made available for public inspection (REG–116215–07) 38,659; correction (Ann 97) 43,895 Letter rulings and determinationletters, exemption application determination letter rulings under sections 501 and 521 (RP 52) 30,222 List of organizations classifiedas private foundations (Ann 67) 32,345; (Ann 82) 40,749; (Ann 99) 43,896 Payment requirements of Type III supporting organizations that are not functionally integrated (Ann 87) 40,753 Proposed Regulations: 26 CFR 1.6033–5, added; 53.4965–1 thru –9, added; 53.6071–1,amended;54.6011–1,amended; 301.6011(g)–1, added; 301.6033–5, added; excise taxes on prohibited tax shelter transactions and related dis- closure requirements, disclosure requirements with respect to prohibited tax shelter transactions, requirement of return and time for filing (REG–142039–06; REG–139268–06) 34,415 26 CFR 301.6104(a)–1, amended; 301.6110–1, amended; public inspection of material relating to tax-exempt orga- nizations (REG–116215–07) 38,659; correction (Ann 97) 43,895 Regulations: 26 CFR 1.402(b)–1, amended; 1.402(g)(3)–1, added; 1.402A–1, revised; 1.403(b)–0, added; 1.403(b)–1, –2, –3, revised; 1.403(b)–4 thru –11, added; 1.403(d)–1, removed; 1.414(c)–5 redesignated as 1.414(c)–6; new 1.414(c)–5, added; 602.101, amended; revised regulations concerning section 403(b) tax-sheltered annuity contracts (TD 9340) 36,487 2007–44 I.R.B.viiiOctober 29, 2007 EXEMPT ORGANIZATIONS—Cont. 26 CFR 1.6011–4, revised; 1.6011–4T, removed; 20.6011–4, revised; 25.6011–4, revised; 31.6011–4, revised; 53.6011–4, revised; 54.6011–4, revised; 56.6011–4, revised; AJCA modifications to the section 6011 regula- tions (TD 9350) 38,607 26 CFR 1.6033–5T, added; 301.6033–5T, added; disclosure requirements with respect to prohibited tax shelter transac- tions (TD 9335) 34,380 26 CFR 53.6011–1, amended; 53.6071–1, amended; 53.6071–1T, added; 54.6011–1, –1T, amended; require- ment of return and time for filing (TD 9334) 34,382 Requirement of return and time for filing with respect to section 4965 taxes (TD 9334) 34,382; (REG–142039–06) 34,415; (REG–139268–06) 34,415 Revocations (Ann 64) 29,125; (Ann 65) 30,236;(Ann69)33, 371; (Ann 73) 34,435;(Ann76)36,560;(Ann86)39,719; (Ann 89) 41,798; (Ann 96) 42,859 Suspension of tax-exempt status of organizations identified with terrorism (Ann 70) 33,371 Tax-sheltered annuities, section 403(b) contracts (TD 9340) 36, 487 GIFT TAX American Jobs Creation Act (AJCA), modifications to the sec- tion 6011 regulations (TD 9350) 38,607 Charitable lead annuity trust (CLAT), inter vivos, sample forms (RP 45) 29,89 Liens, changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (TD 9344) 36,535; correction (Ann 93) 42,858; (REG–148951–05) 36,550; correction (Ann 94) 42,858 Penalties, transitional relief for the return preparer penalty pro- visions under section 6694 (Notice 54) 27,12 Proposed Regulations: 26 CFR 301.6343–2, amended; 301.7425–3, amended; changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (REG–148951–05) 36,550; correction (Ann 94) 42, 858 Regulations: 26 CFR 1.6011–4, revised; 1.6011–4T, removed; 20.6011–4, revised; 25.6011–4, revised; 31.6011–4, revised; 53.6011–4, revised; 54.6011–4, revised; 56.6011–4, revised; AJCA modifications to the section 6011 regula- tions (TD 9350) 38,607 26 CFR 301.6343–2, amended; 301.6343–2T, added; 301.7425–3, amended; 301.7425–3T, added; changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (TD 9344) 36,535; correction (Ann 93) 42,858 INCOME TAX Accounting methods: Accounting period change (RP 64) 42,818 Automatic consent to change, Advance Trade Discount Method (RP 53) 30,233 Safe harbor method of accounting for rotable spare parts (RP 48) 29,110 Accounts and notes receivable, section 1221(a)(4) capital asset exclusion, hearing (Ann 66) 31,296 Agent for a consolidated group with foreign common parent (TD 9343) 36,533 Alternative signature methods for Electronic Return Originators (EROs) (Notice 79) 42,809 American Jobs Creation Act (AJCA): Modifications to the section 6011 regulations (TD 9350) 38, 607 Modifications to the section 6111 regulations (TD 9351) 38, 616 Modifications to the section 6112 regulations (TD 9352) 38, 621 Bonds, arbitrage guidance for tax-exempt bonds (REG–106143–07) 43,881 Cafeteria plans under section 125: Guidance (REG–142695–05) 39,681;changeinhearinglo- cation(Ann91)42,857 Removal of temporary regulations TD 8073 (TD 9349) 39, 668 Charitable contribution of real property, deduction (Notice 72) 36,544 Charitable lead annuity trust (CLAT): Inter vivos, sample forms (RP 45) 29,89 Testamentary, sample form (RP 46) 29,102 Commodity Credit Corporation (CCC) loans, tax treatment and information reporting of repayments (Notice 63) 33,353 Consolidatedreturns,intercompanyobligations, REG–105964–98 withdrawn (REG–107592–00) 44, 908 Corporations: Consolidated returns, unified rule for loss on subsidiary stock, correction to REG–157711–02 (Ann 74) 35,483 Corporate reorganizations: Active trade or business requirement for spin offs, distri- butions under section 355 (Notice 60) 35,466 Spin offs, distributions under section 355 (RR 42) 28,44 Estimated tax payments by corporations (TD 9347) 38,624 Exclusions from gross income of foreign corporations (TD 9332) 32,300;correction(Ann83)40,752; additional cor- rections (Ann 84) 41,797; (REG–138707–06) 32,342;cor- rection (Ann 79) 40,749; hearing cancellation (Ann 101) 43,898 Information returns required with respect to certain foreign corporations and certain foreign-owned domestic corpora- tions (TD 9338) 35,463 Real estate investment trust (REIT) distributions subject to section 897(h)(1) (Notice 55) 27,13 Relief for late S corporation election, additional simplified method (RP 62) 41,786 October 29, 2007ix2007–44 I.R.B. INCOME TAX—Cont. S corporations, electing small business trusts (REG–143326–05) 43,873 Section 382 treatment of prepaid income under built-in gain provisions of section 382(h) (TD 9330) 31,239; correction (Ann 80) 38,667; (REG–144540–06) 31,296 Credits: Child and dependent care credit expenses (TD 9354) 41,759 Clean renewable energy bonds, volume cap, change of ad- dress (Notice 56) 27,15 Enhanced oil recovery credit, 2007 inflation adjustment (No- tice 64) 34,385 Foreign tax credit, regulatedinvestment companies (RICs) (TD 9357) 41,773 Low-income housing credit: Carryovers to qualified states, 2007 National Pool (RP 55) 33,354 Guidance on application of the qualified contract provi- sions of section 42 (REG–114084–04) 33,359 Guidance on temporary relief of certain section 42 require- ments as a result of major disasters declared by the Pres- ident (RP 54) 31,293 Satisfactory bond, “bond factor” amounts for the period: January through September 2007 (RR 46) 30,126 January through December 2007 (RR 62) 41,767 Time extension for restoration of certain low-income hous- ing credit projects located within the Gulf Opportunity Zone damaged by Hurricane Katrina (Notice 66) 34,387 Utility allowances under section 42 (REG–128274–03) 33, 356 Overpayments, tax liabilities: Outstanding amounts, bankruptcy (RR 52) 37,575 Unassessed amounts, notice of deficiency (RR 51) 37,573 Disciplinary actions involving attorneys, certified public accoun- tants, enrolled agents, and enrolled actuaries (Ann 72) 33,373; (Ann 104) 44,924 Disclosure of returns and return information in connection with written contracts or agreements for the acquisition of property or services for tax administrative purposes (TD 9327) 28,50 Electronic filing: Alternative signature methods for Electronic Return Origina- tors (EROs) (Notice 79) 42,809 And burden reduction, guidance (TD 9329) 32,312 Entertainment use of business aircraft (REG–147171–05) 32, 334 Estates or trusts, section 67 limitations (REG–128224–06) 36, 551; change in hearing location (Ann 92) 42,857; correction (Ann 95) 43,894 Expenses, housing cost amount eligible for exclusion or deduc- tion (Notice 77) 40,735 Financial services income under section 904(d), request for com- ments (Notice 58) 29,88 Forms: 1096, 1098, 1099, 5498, W-2G, and 1042-S, substitute form specifications (RP 50) 31,244 1098, 1099, 5498 and W-2G, requirements for filing electron- ically or magnetically, 2007 revision (RP 51) 30,143 INCOME TAX—Cont. 1098-C, Contributions of Motor Vehicles, Boats, and Air- planes, filing location change (Notice 70) 40,735 1118, Foreign Tax Credit – Corporations, comments requested on proposed revisions (Ann 62) 29,115 Gambling winnings, reporting requirements (RP 57) 36,547 Health Savings Accounts (HSAs), employer comparable contri- butions to HSAs under section 4980G, cancellation of hearing on REG–143797–06 (Ann 85) 39,719 Hurricane Katrina filers, time for filing postponed to April 15, 2007, extension of time (Notice 74) 37,585 Inflation adjusted amounts under section 179 of the Code, cor- rection (RP 60) 39,679 Institute on Current Issues in International Taxation (Ann 100) 44,922 Insurance companies: Diversification requirements under section 817 (REG–118719–07) 37,593 Inevitable future costs as insurance risk (RR 47) 30,127 Life insurance, reserves for variable life insurance contracts and required interest under section 807(d)(2) (RR 54) 38, 604 Minimum effectively connectedincome, foreign insurance company, guidance regarding computation of amount (RP 58) 37,585 Proration of increase in policy values of life insurance con- tracts under the subchapter Lproration rules (RP 61) 40, 747 Suspension of Rev. Rul. 2007–54 (RR 61) 42,799 Treatment of certain nondiversified contracts, qualified pen- sion or retirement contracts (RR 58) 37,562 Interest: Investment: Federal short-term, mid-term, and long-term rates for: July 2007 (RR 44) 28,47 August 2007 (RR 50) 32,311 September 2007 (RR 57) 36,531 October 2007 (RR 63) 41,778 Rates: Underpayments and overpayments, quarter beginning: October 1, 2007 (RR 56) 39,668 Suspension of interest: General rules and exceptions (REG–149036–04) 34,411 Listed transactions (TD 9333) 33,350; (REG–149036–04) 33,365 Involuntary conversions, livestock sold on account of drought, extension of replacement period, list of affected counties (No- tice 80) 43,867 Liens, changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (TD 9344) 36,535; correction (Ann 93) 42,858; (REG–148951–05) 36,550;correction(Ann94)42,858 Life-nonlife tacking rule, taxable years of members of consoli- dated groups (TD 9342) 35,451 Listed transaction, loss importation transaction (Notice 57) 29, 87 2007–44 I.R.B.xOctober 29, 2007 INCOME TAX—Cont. Losses, deductions for abandoned stock or securities (REG–101001–05) 36,548 Marginal production rates, 2007 (Notice 65) 34,386 Nonexempt employees’ trusts,income and employment tax con- sequences (RR 48) 30,129 Nonqualified deferred compensation plans, transition relief and additional guidance on the application of section 409A (Notice 78) 41,780 Nuclear decommissioning funds, non-qualified, allocation under sections 338 and 1060 (TD 9358) 41,769 Partnerships: Aggregation of reverse 704(c) gain (RP 59) 40,745 Application of sections 704(c)(1)(B) and 737 to distributions of property after two partnerships engage in an assets-over merger (REG–143397–05) 41,790 Section1045applicationtopartnerships (TD 9353) 40,721; correction (Ann 103) 44,923 Subpart F income (TD 9326) 31,242 Passive foreign investment companies (PFICs), purging elec- tions (TD 9360) 43,860 Patented transactions (REG–129916–07) 43,891 Payment card transactions, procedure for payment card organi- zation to obtain Qualified Payment Card Agent (QPCA) deter- mination (Notice 59) 30,135 Per diem allowances (RP 63) 42,809 Penalties, transitional relief for the return preparer penalty pro- visions under section 6694 (Notice 54) 27,12 Presidentially declared disaster: Or combat zone, postponement of certain acts (RP 56) 34,388 Time for filing return (RR 59) 37,582 Private foundations, organizations now classified as (Ann 67) 32, 345; (Ann 82) 40,749; (Ann 99) 43,896 Proposed Regulations: 26 CFR 1.42–10, –12, amended; section 42 utility allowance regulations update (REG–128274–03) 33,356 26 CFR 1.42–18, added; section 42 qualified contract provi- sions (REG–114084–04) 33,359 26 CFR 1.61–21, amended; 1.274–9, –10, added; de- ductions for entertainment use of business aircraft (REG–147171–05) 32,334 26 CFR 1.67–4, added; section 67 limitations on estates or trusts (REG–128224–06) 36,551; change in hearing loca- tion (Ann 92) 42,857; correction (Ann 95) 43,894 26 CFR 1.125–0, –1, –2, –5, –6, –7, added; employee bene- fits – cafeteria plans (REG–142695–05) 39,681;changein hearing location (Ann 91) 42,857 26 CFR 1.148–0, –3, –4, –5, amended; 1.148–8, –11, revised; arbitrage guidance for tax-exempt bonds (REG–106143–07) 43,881 26 CFR 1.165–5, amended; losses for abandoned stock or securities (REG–101001–05) 36,548 26 CFR 1.199–3, –7, –8, amended; qualified films under sec- tion 199 (REG–103842–07) 28,79;correction(Ann77)38, 662 26 CFR 1.382–7, added; built-in gains and losses under sec- tion 382(h) (REG–144540–06) 31,296 INCOME TAX—Cont. 26 CFR 1.704–3, –4, amended; 1.737–1(c)(1), amended; 1.737–2, –5, amended; partner’s distributive share (REG–143397–05) 41,790 26 CFR 1.817–5, amended; diversification requirements for variable annuity, endowment, and life insurance contracts (REG–118719–07) 37,593 26 CFR 1.883–0 thru –5, amended; exclusions from gross in- come of foreign corporations (REG–138707–06) 32,342; correction (Ann 79) 40,749; hearing cancellation (Ann 101) 43,898 26 CFR 1.1361–0, –1, –4, –6, amended; 1.1362–0, –4, amended; 1.1366–0, –2, –5, amended; S corporation guidance under AJCA of 2004 and GOZA of 2005 (REG–143326–05) 43,873 26 CFR 1.1397E–1, amended; qualified zone academy bonds, obligations of states and political subdivisions (REG–121475–03) 35,474 26 CFR 1.1502–13, amended; consolidated returns, in- tercompany obligations, REG–105964–98 withdrawn (REG–107592–00) 44,908 26 CFR 1.1502–13, –32, –35, –36, revised; unified rule for loss on subsidiary stock, correction to REG–157711–02 (Ann 74) 35,483 26 CFR 1.6011–4, amended; 301.6111–3, amended; patented transactions (REG–129916–07) 43,891 26 CFR 1.6411–2, –3, revised; clarification to section 6411 regulations (REG–118886–06) 37,591 26 CFR 31.3406(g)–1(f), amended; 301.6724–1, amended; information reporting and backup withholding for payment card transactions (REG–163195–05) 33,366 26 CFR 301.6343–2, amended; 301.7425–3, amended; changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (REG–148951–05) 36,550;correction(Ann94)42, 858 26 CFR 301.6404–0, amended; 301.6404–4, added; applica- tion of section 6404(g) of the Code suspension provisions (REG–149036–04) 33,365; (REG–149036–04) 34,411 Publications: 1141, General Rules and Specifications for Substitute Forms W-2 and W-3, revised (RP 43) 27,26 1179, General Rules and Specifications for Substitute Forms 1096, 1098, 1099, 5498, W-2G, and 1042-S, update (RP 50) 31,244 1220, Specifications for Filing Forms 1098, 1099, 5498 and W-2G Electronically or Magnetically, 2007 revision (RP 51) 30,143 4436, General Rules and Specifications for Substitute Form 941 and Schedule B (Form 941), revised (RP 42) 27,15 Qualified films under section 199 (REG–103842–07) 28,79;cor- rection (Ann 77) 38,662 Qualified Payment Card Agent (QPCA), payment card transac- tions (REG–163195–05) 33,366 Qualified transportation fringes, smart cards, debit or credit cards, or other electronic media, Rev. Rul. 2006–57’s effec- October 29, 2007xi2007–44 I.R.B. INCOME TAX—Cont. tive date delayed from January 1, 2008 to January 1, 2009 (Notice 76) 40,735 Qualified zone academy bonds, obligations of states and political subdivisions (TD 9339) 35,437; (REG–121475–03) 35,474 Regulated investment companies (RICs), foreign tax credit (TD 9357) 41,773 Regulations: 26 CFR 1.21–1 redesignated as 1.15–1; 1.21–1 thru –4, added; 1.44A–1 thru –4, removed; 1.214–1, removed; 1.214A–1 thru –5, removed; 602.101, amended; expenses for house- hold and dependent care services necessary for gainful em- ployment (TD 9354) 41,759 26 CFR 1.56–0, amended; 1.56–1(e)(4), revised; 1.6154–1 thru –5, removed; 1.6425–2(a), revised; 1.6425–3, amended; 1.6655–0, –4, –5, –6, added; 1.6655–1, –2, –3, revised; 1.6655–7, removed; 1.6655–5 redesignated as 1.6655–7; new 1.6655–7, revised; 301.6154–1, removed; 301.6655–1, revised; 602.101, amended; corporate esti- mated tax (TD 9347) 38,624 26 CFR 1.125–2T, removed; employee benefits – cafeteria plans (TD 9349) 39,668 26 CFR 1.302–2, –4, amended; 1.302–2T, –4T, removed; 1.331–1, amended; 1.331–1T, removed; 1.332–6, added; 1.322–6T, removed; 1.338–0, –10, amended; 1.338–10T, removed; 1.351–3, added; 1.351–3T, removed; 1.355–0, amended; 1.355–5, added; 1.355–5T, removed; 1.368–3, added; 1.368–3T, removed; 1.381(b)–1, amended; 1.381(b)–1T, removed; 1.382–1, –8, amended; 1.382–8T, –11T, removed; 1.382–11, added; 1.1081–11, added; 1.1081–11T, removed; 1.1221–2, amended; 1.1221–2T, removed; 1.1502–13, –31, –32, –33, –90, –95, amended; 1.1502–13T, –31T, –32T, –33T, –95T, removed; 1.1563–3, amended; 1.1563–3T, removed; 1.6012–2, amended; 1.6012–2T, removed; guidance necessary to facilitate busi- ness electronic filing and burden reduction (TD 9329) 32, 312 26 CFR 1.338–0, –6, amended; 1.338–6T, removed; 1.1060–1, amended; 1.1060–1T, removed; treatment of certain nuclear decommissioning funds for purposes of allocating purchase price in certain deemed and actual asset acquisitions (TD 9358) 41,769 26 CFR 1.367(b)–2, amended; 1.367(b)–4(d), revised; 1.1248–1, –2, –3, –7, revised; 1.1248–8, added; section 1248 attribution principles (TD 9345) 36,523 26 CFR 1.382–7T, added; built-in gains and losses under sec- tion 382(h) (TD 9330) 31,239; correction (Ann 80) 38,667 26 CFR 1.402(b)–1, amended; 1.402(g)(3)–1, added; 1.402A–1, revised; 1.403(b)–0, added; 1.403(b)–1, –2, –3, revised; 1.403(b)–4 thru –11, added; 1.403(d)–1, removed; 1.414(c)–5 redesignated as 1.414(c)–6; new 1.414(c)–5, added; 602.101, amended; revised regulations concerning section 403(b) tax-sheltered annuity contracts (TD 9340) 36,487; correction (Ann 102) 44,922 26 CFR 1.475–0, amended; 1.475(a)–4, added; 1.475(e)–1, redesignated as 1.475(g)–1; 1.475(g)–1, amended; INCOME TAX—Cont. 602.101, amended; safe harbor for valuation under section 475 (TD 9328) 27,1 26 CFR 1.853–1 thru –3, amended; 1.853–4, revised; 602.101, amended; elimination of country-by-country reporting to shareholders of foreign taxes paid by regulated investment companies (TD 9357) 41,773 26 CFR 1.883–0, thru –5, amended; 1.883–0T thru –5T, added; 602.101, amended; exclusions from gross income of foreign corporations (TD 9332) 32,300; correction (Ann 83) 40,752; additional corrections (Ann 84) 41,797 26 CFR 1.954–2, amended; 1.954–2T, removed; guidance un- der subpart F relating to partnerships (TD 9326) 31,242 26 CFR 1.1045–1, added; 602.101, amended; section 1045 application to partnerships (TD 9353) 40,721; correction (Ann 103) 44,923 26 CFR 1.1291–9, amended; 1.1291–9T, removed; 1.1297–0, revised; 1.1297–0T, –3T, removed; 1.1297–3, added; 1.1298–0, revised; 1.1298–0T, –3T, removed; 1.1298–3, amended; 602.101, amended; guidance on passive foreign investment company (PFIC)purging elections (TD 9360) 43,860 26 CFR 1.1397E–1, amended; 1.1397E–1T, added; 602.101, amended; qualified zone academy bonds, obligations of states and political subdivisions (TD 9339) 35,437 26 CFR 1.1502–19, –80, amended; 1.1502–19T, –80T, re- moved; treatment of excess loss accounts (TD 9341) 35, 449 26 CFR 1.1502–47, –76, amended; 1.1502–47T, –76T, re- moved; amendment of tacking rule requirements of life- nonlife consolidated regulations (TD 9342) 35,451 26 CFR 1.1502–77, amended; 1.1502–77T, removed; agent for a consolidated group with foreign common parent (TD 9343) 36,533 26 CFR 1.6011–4, revised; 1.6011–4T, removed; 20.6011–4, revised; 25.6011–4, revised; 31.6011–4, revised; 53.6011–4, revised; 54.6011–4, revised; 56.6011–4, revised; AJCA modifications to the section 6011 regula- tions (TD 9350) 38,607 26 CFR 1.6012–2, amended; return required by subchapter T cooperatives under section 6012 (TD 9336) 35,461 26 CFR 1.6038–2, amended; 1.6038–2T, revised; 1.6038A–2, amended; information returns required with respect to cer- tain foreign corporations and certain foreign-owned domes- tic corporations (TD 9338) 35,463 26 CFR 1.6411–2, –3, amended; 1.6411–2T, –3T, added; clar- ification of section 6411 regulations (TD 9355) 37,577 26 CFR 301.6103(n)–1, revised; disclosure of returns and re- turn information in connection with written contracts or agreements for the acquisition of property or services for tax administration purposes (TD 9327) 28,50 26 CFR 301.6111–3, added; 301.6111–3T, removed; AJCA modifications to the section 6111 regulations (TD 9351) 38, 616 26 CFR 301.6112–1, revised; AJCA modifications to the sec- tion 6112 regulations (TD 9352) 38,621 2007–44 I.R.B.xiiOctober 29, 2007 INCOME TAX—Cont. 26 CFR 301.6343–2, amended; 301.6343–2T, added; 301.7425–3, amended; 301.7425–3T, added; changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (TD 9344) 36,535; correction (Ann 93) 42,858 26 CFR 301.6404–0T, –4T, added; application of section 6404(g) of the Code suspension provisions (TD 9333) 33, 350 Research agreements, private business use (RP 47) 29,108 Revenue rulings, RR 75–425 obsolete (RR 60) 38,606 Revocations, exempt organizations (Ann 64) 29,125;(Ann65) 30,236;(Ann69)33,371; (Ann 73) 34,435;(Ann76)36, 560; (Ann 86) 39,719; (Ann 89) 41,798; (Ann 96) 42,859 Safe harbor for valuation under section 475 for dealers in secu- rities and commodities (TD 9328) 27,1 Stocks: Attribution of earnings and profits to stock of controlled for- eign corporations (TD 9345) 36,523 Post-grant restrictions added to previously vested stock (RR 49) 31,237 Standard Industry Fare Level (SIFL) formula (RR 55) 38,604 Subchapter T cooperatives, return required under section 6012 (TD 9336) 35,461 Substitute forms: W-2 and W-3, general rules and specifications (RP 43) 27,26 941 and Schedule B (Form 941), general rules and specifica- tions (RP 42) 27,15 1096, 1098, 1099, 5498, W-2G, and 1042-S, rules and speci- fications (RP 50) 31,244 Suspension of tax-exempt status of organizations identified with terrorism (Ann 70) 33,371 Tax avoidance transaction involving foreign currency options (Notice 71) 35,472 Tax conventions: U.S.-Angola, reciprocal exemption agreement (Ann 88) 42, 801 U.S.-Netherlands, qualification of certain pension and other employee benefit arrangements (Ann 75) 36,540 Tax-sheltered annuities, section 403(b) contracts (TD 9340) 36, 487; correction (Ann 102) 44,922 Tentative allowance of refund (RR 53) 37,577 Tentative carryback adjustment under section 6411, clarification relating to the computation and allowance (TD 9355) 37,577; (REG–118886–06) 37,591 Transaction of interest: Contribution of successor member interest (Notice 72) 36, 544 Identification of toggling grantor trust (Notice 73) 36,545 Treatment of excess loss accounts (TD 9341) 35,449 SELF-EMPLOYMENT TAX Liens, changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must SELF-EMPLOYMENT TAX —Cont. be sent (TD 9344) 36,535; correction (Ann 93) 42,858; (REG–148951–05) 36,550;correction(Ann94)42,858 Proposed Regulations: 26 CFR 301.6343–2, amended; 301.7425–3, amended; changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (REG–148951–05) 36,550;correction(Ann94)42, 858 Regulations: 26 CFR 301.6343–2, amended; 301.6343–2T, added; 301.7425–3, amended; 301.7425–3T, added; changes to office to which notices of nonjudicial sale and requests for return of wrongfully levied property must be sent (TD 9344) 36,535; correction (Ann 93) 42,858 October 29, 2007xiii2007–44 I.R.B. 2007–44 I.R.B.October 29, 2007 October 29, 20072007–44 I.R.B. 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