us-irs-announcements-irb-2010-25-pdf•Internal Revenue Bulletin 2010-25 (PDF rendition): IRS Announcements
Internal Revenue Bulletin 2010-25 (PDF rendition): IRS Announcements
us-irs-announcements-irb-2010-25-pdfInternal Revenue Bulletin 2010-25 (PDF rendition): IRS AnnouncementsGuidance
Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing. Whole bulletin rendition: numbered items are identified below; other legal material and publisher context remain included. This is not a new standalone advance release.
Bulletin No. 201 0-25 June 21, 2010 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 2010–41, page 767. The IRS is announcing a change in procedures for individual payees to follow to obtain validation of social security numbers (SSNs) from the Social Security Administration (SSA) to prevent or stop backup withholding under section 3406 of the Code following receipt of a second “B notice” from a payor. INCOME TAX REG–106750–10, page 765. Proposed regulations under section 1001 of the Code clarify the extent to which the deterioration in an issuer’s financial condition is taken into account to determine whether a modified debt instrument will be recharacterized as an instrument that is not debt. A public hearing is scheduled for September 8, 2010. Rev. Proc. 2010–24, page 764. Changes to cost-of-living adjustments for 2010.This pro- cedure modifies the inflation adjusted amounts in Rev. Proc. 2009–50, 2009–45 I.R.B. 617, that apply to taxpayers who elect to expense certain depreciable assets under section 179 of the Code. The modification reflects statutory amendments enacted subsequent to the publication of Rev. Proc. 2009–50 made by the Hiring Incentives to Restore Employment Act of 2010 (the HIRE Act). Section 3.20 of Rev. Proc. 2009–50 modified and superseded. EXEMPT ORGANIZATIONS Announcement 2010–42, page 768. The IRS has revoked its determination that Christian Credit Counseling Center of San Antonio, TX; Gullahorn Family Sup- porting Organization of Naples, FL; and Visual Credit Counsel- ing, Inc., of Tucson, AZ, qualify as organizations described in sections 501(c)(3) and 170(c)(2) of the Code. ADMINISTRATIVE Announcement 2010–41, page 767. The IRS is announcing a change in procedures for individual payees to follow to obtain validation of social security numbers (SSNs) from the Social Security Administration (SSA) to prevent or stop backup withholding under section 3406 of the Code following receipt of a second “B notice” from a payor. Finding Lists begin on page ii. The IRS Mission Provide Americ a’s taxpayers top-quality service by helping them understa nd and meet their tax responsibilities and en- force the law wi th integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin contents are compiled semiannually into Cumulative Bulletins, which are sold on a single-copy basis. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, mod- ify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indi- cated. Procedures relating solely to matters of internal man- agement are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—19 86 Code. This part i ncludes rulings and decisions based on provisions of the Intern al Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Leg- islation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secre- tary (Enforcement). Part IV .—Items of General Interest. This par t includes notices of proposed rulemakings, disbar- ment an d suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The c ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402. June 21, 20102010–25 I.R.B. Part III. Administrative, Procedural, and Miscellaneous 26 CFR 601.602: Tax forms and instructions. (AlsoPartI,§179.) Rev. Proc. 2010–24 SECTION 1. PURPOSE This revenue procedure modifies the in- flation adjusted amounts in Rev. Proc. 2009–50, 2009–45 I.R.B. 617, that apply to taxpayers who elect to expense certain depreciable assets under § 179 of the In- ternal Revenue Code.This modification reflects statutory changes enacted subse- quent to the publication of Rev. Proc. 2009–50. SECTION 2. BACKGROUND Prior to the enactment of the Hiring Incentives to Restore Employment Act of 2010, Pub. L. No.111–147, 124 Stat. 71 (2010) (the HIRE Act), § 179(b)(1) prescribed a $125,000 limitation (the $125,000 amount) on the aggregate cost of § 179 property that could be treated as an expense for taxable years beginning after 2006 and before 2011. For those same tax- able years, § 179(b)(2) provided that the $125,000 amount is reduced by the amount by which the cost of § 179 property placed in service during the taxable year exceeds $500,000 (the $500,000 amount). Both the $125,000 amount and the $500,000 amount were adjusted for inflation annu- ally under § 179(b)(5). For taxable years beginning in 2010, section 3.20 of Rev. Proc. 2009–50 provides that the $125,000 amount and the $500,000 amount, adjusted for inflation, are $134,000 and $530,000, respectively. Section 102 of the Economic Stimulus Act of 2008, Pub. L. No.110–185, 122 Stat. 613 (2008), changed the $125,000 amount and the $500,000 amount to $250,000 and $800,000, respectively, for taxable years beginning in 2008 and 2009, and also provided that these amounts will not be adjusted for inflation. Similarly, § 201 of the HIRE Act changes the $125,000 amount and the $500,000 amount to $250,000 and $800,000, respectively, for taxable years beginning in 2010. Section 201 of the Act also provides that these amounts will not be adjusted for inflation for taxable years beginning in 2010. SECTION 3. APPLICATION To reflect the statutory changes made to § 179 by § 201 of the HIRE Act, section 3.20 of Rev. Proc. 2009–50 is modified to read as follows: .20Election to Expense Certain Depre- ciable Assets.For taxable years begin- ning in 2010, under § 179(b)(1) the aggre- gate cost of any § 179 property a taxpayer may elect to treat as an expense cannot exceed $250,000. Under § 179(b)(2), the $250,000 limitation is reduced (but not be- low zero) by the amount by which the cost of § 179 property placed in service during the 2010 taxable year exceeds $800,000. SECTION 4. EFFECT ON OTHER DOCUMENTS Section 3.20 of Rev. Proc. 2009–50 is modified and superseded. SECTION 5. EFFECTIVE DATE This revenue procedure is effective for taxable years beginning in 2010. SECTION 6. DRAFTING INFORMATION The principal author of this revenue procedure is Patrick M. Clinton of the Office of Associate Chief Counsel (In- come Tax & Accounting). For further information regarding this revenue proce- dure, contact Patrick M. Clinton at (202) 622–4930 (not a toll-free call). 2010–25 I.R.B.764June 21, 2010 Part IV. Items o fGeneralInterest Notice of Prop osed Rulemaking an dNoticeof Public Hearin g Modification sofDebt Instruments REG–106750–10 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking and notice of public hearing. SUMMARY: This document contains pro- posed regulations relating to the modifica- tion of debt instruments. The regulations clarify the extent to which the deterioration in the financial condition of the issuer is taken into account to determine whether a modified debt instrument will be recharac- terized as an instrument or property right that is not debt. The regulations provide needed guidance to issuers and holders of debt instruments. This document also pro- vides notice of a public hearing on these proposed regulations. DATES: Written or electronic comments must be received by August 3, 2010. Outlines of topics to be discussed at the public hearing scheduled for Wednesday, September 8, 2010, at 10 a.m. must be received by Wednesday, August 11, 2010. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG–106750–10), room 5205, 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–106750–10), Courier’s Desk, Internal Revenue Ser- vice, 1111 Constitution Avenue, N.W., Washington, DC, or sent electroni- cally, via the Federal eRulemaking Por- tal atwww.regulations.gov(IRS and REG–106750–10). FO R FURTHER INFORMATION CO NTACT: Concerning the pro- po sed regulations, Diana Imholtz, at (202) 622–3930; concerning sub- mi ssion of comments, the hearing, and/or to be pl aced on the build- ing access lis t to attend the hearing, Richard.A.Hu rst@irscounsel.treas.gov,at (202) 622–718 0 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background Section 1.100 1–3 provides rules for determining when a modification of a debt instrum ent results in an exchange for purposes of §1.1001–1(a). In gen- eral, §1.100 1–3 defines a modification and provide s that a modification that is significan t results in a deemed exchange of the origi nal debt instrument for a mod- ified debt i nstrument. Section 1.1001–3 also addres ses alterations to the terms of adebtinst rument that result in a modi- fied instr ument that is not debt. Section 1.1001–3( c)(2)(ii) generally provides that a modifica tion to a debt instrument occurs if an alte ration changes the instrument to an instru ment or property right that is not debt for f ederal income tax purposes, even if the alt eration occurs by operation of the original terms of the debt instrument. Sec- tion 1.1 001–3(e)(5)(i) generally provides that a mo dification of a debt instrument that res ults in an instrument or property right th atisnotdebtforfederalincome tax purp oses is a significant modification. For pur poses of making the determination prescr ibed by §1.1001–3(e)(5)(i), the reg- ulatio ns state that any deterioration in the financ ial condition of the issuer between the iss ue date of the unmodified debt in- strum ent and the date of modification (as it rel ates to the issuer’s obligation to re- pay th e debt instrument) is not taken into accou nt, unless there is a substitution of a new ob ligor or the addition or deletion of aco- obligor. In res ponse to the proposed regulations publ ished on December 2, 1992 (FI-31-92, 1992 -2 C.B. 633 [57 FR 57034]), taxpay- ers w ere concerned that taking into ac- coun t the creditworthiness of a financially trou bled issuer when a debt instrument is mo dified would impose a significant bar rier to restructuring distressed debt in- str uments. The rule in §1.1001–3(e)(5)(i) to d isregard the financial condition of the issuer was intended to address this con cern. The preamble to the existing regulations p ublished on September 24, 1996 (T.D. 867 5, 1996–2 C.B. 5 [61 FR 32926]) expla ins that “for purposes of this regulation, u nless there is a substitution of a new obligo r, any deterioration in the financia l condition of the issuer is not consider ed in determining whether the modified instrument is properly characteriz ed as debt.” The language in the preamble to the ex- isting regul ations suggests that forallpur- poses of §1. 1001–3 the financial deteriora- tion of the i ssuer is generally not taken into account. Is suers and holders, however, are concerned t hat, as the existing regulations are curren tly drafted, a decline in the cred- itworthin ess of the issuer, under certain cir- cumstance s, may be taken into account un- der §1.100 1–3. The uncertainty about the proper int erpretation of the existing regu- lations h as led taxpayers to request clari- fication on the circumstances in which the credit qu ality of the issuer should be con- sidered i n determining the nature of the instrum ent resulting from an alteration or modific ation of a debt instrument. Ac- cording ly, the IRS and the Treasury De- partmen t believe it is appropriate to pro- pose ame ndments to §1.1001–3 to clarify this is sue. Explan ation of Provisions In gene ral, the proposed regulations re- quire a n analysis of all of the factors rele- vant to a debt determination of the modi- fied in strument at the time of an alteration or modi fication. However, in making this deter mination for purposes of the regula- tion, any deterioration in the financial con- ditio n of the issuer between the issue date of the debt instrument and the date of the alter ation or modification (as it relates to the i ssuer’s ability to repay the debt in- stru ment) is not taken into account, unless ther e is a substitution of a new obligor or the a ddition or deletion of a co-obligor. As no ted in this preamble, the proposed regu lations clarify that any deterioration in th e financial condition of the issuer is gene rally not taken into account to deter- min e if the modified instrument is debt. For example, under the proposed regula- tio ns, any decrease in the fair market value of a debt instrument (whether or not pub- lic ly traded) between the issue date of the June 21, 20107652010–25 I.R.B. debt instrument and the date of the alter- ation or modification is not taken into ac- count to the extent that the decrease in fair market value is attributable to the deterio- ration in the financial condition of the is- suer and not to a modification of the terms of the instrument. Consistent with this rule in the proposed regulations, if a debt in- strument is significantly modified and the issue price of the modified debt instru- ment is determined under §1.1273–2(b) or (c) (relating to a fair market value issue price for publicly traded debt), then any in- creased yield on the modified debt instru- ment attributable to this issue price gener- ally is not taken into account to determine whether the modified debt instrument is debt or some other property right for fed- eral income tax purposes. However, any portion of the increased yield that is not at- tributable to a deterioration in the financial condition of the issuer, such as a change in market interest rates, is taken into account. Proposed Effective Date The regulations, as proposed, apply to alterations of the terms of a debt instru- ment on or after the date of publication of the Treasury decision adopting these rules as final regulation in theFederal Register. A taxpayer, however, may rely on these amendments for alterations of the terms of a debt instrument occurring before that date. Special Analyses It has been determined that this no- tice of proposed rulemaking is not a significant regulatory action as defined in Executive Order12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulation does not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Internal Revenue Code, this notice of proposed rulemaking has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Comments and Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any written comments (a signed original and eight (8) copies) or electronic comments that are submitted timely to the IRS. The IRS and the Trea- sury Department request comments on the clarity of the proposed rules and how they can be made easier to understand. All comments will be available for public in- spection and copying. A public hearing has been scheduled for Wednesday, September 8, 2010, beginning at 10 a.m. in Auditorium, Internal Rev- enue Building, 1111 Constitution Avenue, NW, Washington, DC. Due to building se- curity procedures, visitors must enter at the Constitution Avenueentrance. In addition, all visitors must present photo identifica- tion to enter the building. Because of ac- cess restrictions, visitors will not be ad- mitted beyond the immediate entrance area more than 30 minutes before the hearing starts. For information about having your name placed on the building access list to attend the hearing, see the “FOR FUR- THER INFORMATION CONTACT” sec- tion of this preamble. The rules of 26 CFR 601.601(a)(3) ap- ply to the hearing. Persons who wish to present oral comments at the hearing must submit electronic or written comments and an outline of the topics to be discussed and the time to be devoted to each topic (signed original and eight (8) copies) by Wednesday, August 11, 2010. A period of 10 minutes will be allotted to each person for making comments. An agenda show- ing the scheduling of the speakers will be prepared after the deadline for receiving outlines has passed. Copies of the agenda will be available free of charge at the hear- ing. Drafting Information The principal author of these regula- tions is Diana Imholtz, Office of Asso- ciate Chief Counsel (Financial Institutions & Products). However, other personnel from the IRS and the Treasury Department participated in their development. ***** Proposed Amendments to the Regulations Accordingly, 26 CFR part 1 is proposed to be amended as follows: PART 1— INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.1001–3 is amended by revising paragraphs (c)(2)(ii), (e)(5)(i) and (h) and adding paragraph (f)(7) to read as follows: §1.1001–3 Modifications of debt instruments. ***** (c) * * * (2) * * * (ii)Property that is not debt.Analter- ation that results in an instrument or prop- erty right that is not debt for federal income tax purposes is a modification unless the alteration occurs pursuant to a holder’s op- tion under the terms of the instrument to convert the instrument into equity of the is- suer (notwithstandingparagraph (c)(2)(iii) of this section). The rules of paragraph (f)(7) of this section apply to determine whether an alteration or modification re- sults in an instrument or property right that is not debt. ***** (e) * * * (5)Changes in the nature of a debt in- strument—(i)Property that is not debt.A modification of a debt instrument that re- sults in an instrument or property right that is not debt for federal income tax purposes is a significant modification. The rules of paragraph (f)(7) of this section apply to de- termine whether a modification results in an instrument or property right that is not debt. ***** (f) * * * (7)Rules for determining whether an alteration or modification results in an instrument or property right that is not debt—(i)In general. Except as provided in paragraph (f)(7)(ii) of this section, the determination of whether an instrument re- sulting from an alteration or modification of a debt instrument will be recharacter- ized as an instrument or property right that 2010–25 I.R.B.766June 21, 2010 is not debt for federal income tax purposes shall take into account all of the factors relevant to such a determination. (ii)Financial condition of the obligor—(A)Deterioration in financial condition of the obligor generally disre- garded. Except as provided in paragraph (f)(7)(ii)(B) of this section, in making a determination as to whether an instrument resulting from an alteration or modifica- tion of a debt instrument will be recharac- terized as an instrument or property right that is not debt under this section, any de- terioration in the financial condition of the obligor between the issue date of the debt instrument and the date of the alteration or modification (as it relates to the obligor’s ability to repay the debt instrument) is not taken into account. For example, any decrease in the fair market value of a debt instrument (whether or not the debt instru- ment is publicly traded) between the issue date of the debt instrument and the date of the alteration or modification is not taken into account to the extent that the decrease in fair market value is attributable to the deterioration in the financial condition of the obligor and not to a modification of thetermsoftheinstrument. (B)Substitution of a new obligor; ad- dition or deletion of co-obligor.Ifthereis a substitution of a new obligor or the ad- dition or deletion of a co-obligor, the rules in paragraph (f)(7)(ii)(A) of this section do not apply. ***** (h)Effective/applicability date—(1)In general. Except as otherwise provided in paragraph (h)(2) of this section, this sec- tion applies to alterations of the terms of a debt instrument on or after September 24, 1996. Taxpayers, however, may rely on this section for alterations of the terms of a debt instrument after December 2, 1992, and before September 24, 1996. (2)Exception. Paragraph (f)(7) of this section applies to an alteration of the terms of a debt instrument on or after the date of publication of the Treasury decision adopt- ing these rules as final regulation in the Federal Register. A taxpayer, however, may rely on para- graph (f)(7) of this section for alterations of the terms of a debt instrument occurring before that date. Steven T. Miller, Deputy Commissioner for Services and Enforcement. (Filed by the Office of the Federal Register on June 3, 2010, 8:45 a.m., and published in the issue of the Federal Register for June 4, 2010, 73 F.R. 31736) New Backup Withholding Procedures: Social Security Number Validation following Receipt of Second B Notice Announcement 2010–41 PURPOSE The Internal Revenue Service (“IRS”) is announcing a change in procedures for individual payees to follow to ob- tain validation of social security numbers (“SSNs”) from the Social Security Ad- ministration (“SSA”) to prevent or stop backup withholding under section 3406 of the Internal Revenue Code following re- ceipt of a second “B notice” from a payor. BACKGROUND Pursuant to section 3406 and the reg- ulations thereunder, a payor (such as a bank) must send certain notices under sec- tion 3406(a)(1)(B) (“B notices”) to a payee after being notified by the IRS or a bro- ker that the payee has provided an incor- rect name and taxpayer identification num- ber (“TIN”) combination with respect to an account. Following the first notifica- tion from the IRS or broker, the payor must send a first B notice to a payee direct- ing the payee to certify the TIN on Form W–9 in order to stop or prevent backup withholding on reportable payments by the payor. If the payor receives a second no- tice of incorrect TIN from the IRS or bro- ker within three years, the payor must send a second B notice to the payee requiring the payee to provide TIN validation. After the second B notice, the payor cannot ac- cept a TIN certification on Form W–9 but must receive validation of the payee’s TIN from the SSA or the IRS. Absent receipt of proper validation, the payor must backup withhold from future reportable payments it makes to the payee. The rules concerning the form, content and manner of delivery of B notices are set forth in Rev. Proc. 93–37, 1993–2 C.B. 477. That revenue procedure sets forth specific instructions regarding TIN valida- tion, which must be included in the second B notice sent to payees. Pursuant to the instructions in Rev. Proc. 93–37, a payee who needs to validate an SSN must contact the local SSA office to inquire about SSN validation, provide a copy of the B no- tice to SSA, and request and authorize SSA to send Form SSA–7028,Notice to Third Party of Social Security Number Assign- ment, to the payor to validate the payee’s SSN. Effective January 1, 2010, SSA discon- tinued the availability of Form SSA–7028 for purposes of verifying SSNs to avoid backup withholding. This announcement updates the instructions for TIN validation given that Form SSA–7028 is no longer available. INTERIM PROCEDURES To obtain validation of the payee’s SSN from the SSA for purposes of respond- ing to a second B notice, each individual payee should now contact the local SSA office and request a Social Security Num- ber Printout. The Social Security Number Printout will validate the SSN of the indi- vidual and will serve as acceptable valida- tion of the individual’s TIN for purposes of the requirements of section 3406. An in- dividual may request one free copy of the Social Security Number Printout, which will verify the SSN assigned to that indi- vidual. The individual should provide a copy of the Social Security Number Print- out to the payor who sent the second B notice. A payor who receives a copy of the Social Security Number Printout val- idating the SSN of a payee will not be re- quired to commence backup withholding, and may stop backup withholding, on re- portable payments made to that payee. A payor sending a second B notice to an individual payee should inform the payee of this change in procedure. The following language is acceptable: Note that the Instructions for Incor- rect Social Security Numbers have changed and the SSA no longer uses Form SSA–7028. You must request a Social Security Number Printout from SSA rather than Form SSA–7028. You must send a copy of the Social Security Number Printout directly to us, along with a copy of this notice. June 21, 20107672010–25 I.R.B. These interim procedures may be used until additional forthcoming guidance, in- cluding a revision of Rev. Proc. 93–37, is published. DRAFTING INFORMATION The principal author of this Announce- ment is Nancy Rose of the Office of the Associate Chief Counsel (Procedure and Administration). For further informa- tion regarding this announcement, con- tact Ms. Rose at (202) 622–4940 (not a toll-free call). Deletions From Cumulative List of Organizations Contributions to Which are Deductible Under Section 170 of the Code Announcement 2010–42 The Internal Revenue Service has re- voked its determination that the organi- zations listed below qualify as organiza- tions described in sections 501(c)(3) and 170(c)(2) of the Internal Revenue Code of 1986. Generally, the Service will not disallow deductions for contributions made to a listed organization on or before the date of announcement in the Internal Revenue Bulletin that an organization no longer qualifies. However, the Service is not precluded from disallowing a deduction for any contributions made after an or- ganization ceases to qualify under section 170(c)(2) if the organization has not timely filed a suit for declaratory judgment under section 7428 and if the contributor (1) had knowledge of the revocation of the ruling or determination letter, (2) was aware that such revocation was imminent, or (3) was in part responsible for or was aware of the activities or omissions of the organization that brought about this revocation. If on the other hand a suit for declara- tory judgment has been timely filed, con- tributions from individuals and organiza- tions described in section 170(c)(2) that are otherwise allowable will continue to be deductible. Protection under section 7428(c) would begin on June 21, 2010 and would end on the date the court first deter- mines that the organization is not described in section 170(c)(2) as more particularly set forth in section 7428(c)(1). For indi- vidual contributors, the maximum deduc- tion protected is $1,000, with a husband and wife treated as one contributor. This benefit is not extended to any individual, in wholeorinpart,fortheactsoromissions of the organization that were the basis for revocation. Christian Credit Counseling Center San Antonio, TX Gullahorn Family Supporting Organization Naples, FL Visual Credit Counseling Inc Tucson, AZ 2010–25 I.R.B.768June 21, 2010 Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the ef- fect: Amplifieddescribes a situation where no change is being made in a prior pub- lished position, but the prior position is be- ingextendedtoapplytoavariationofthe fact situation set forth therein. Thus, if an earlier ruling held that a principle ap- plied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare withmodi- fied,below). Clarifiedis used in those instances where the language in a prior ruling is be- ing made clear because the language has caused, or may cause, some confusion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously pub- lished ruling and points out an essential difference between them. Modifiedis used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare withamplifiedandclarified, above). Obsoleteddescribes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rul- ings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revokeddescribes situations where the position in the previously published ruling is not correct and the correct position is beingstatedinanewruling. Supersededdescribes a situation where the new ruling does nothing more than re- state the substance and situation of a previ- ously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same po- sition published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single rul- ing a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new rul- ing does more than restate the substance of a prior ruling, a combination of terms is used. For example,modifiedandsu- persededdescribes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously pub- lished ruling is first modified and then, as modified, is superseded. Supplementedis used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original rul- ing has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the ad- ditions, and supersedes all prior rulings in the series. Suspendedis used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The fol lowing abbreviations in current use and for merly used will appear in material publis hedintheBulletin. A—Individual. Acq.—A cquiescence. B—Individual. BE—Beneficiary. BK—Bank . B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cu mulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Coo perative. Ct.D.—Court Decision. CY—County. D—Decede nt. DC—Dummy Corporation. DE—Donee. Del. Order —Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Emp loyer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduc iary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Fo reign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Fed eral Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grante e. GP—General Partner. GR—Grantor. IC—Insura nce Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—No nacquiescence. O—Organization. P—Parent Corporation. PHC—Persona l Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Pa rtnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Re al Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsi diary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Trans feree. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpay er. TR—Trust. TT—Trustee. U.S.C.—Uni ted States Code. X—Corporation. Y—Corporation. Z—Corporat ion. June 21, 2010i2010–25 I.R.B. Numerical Finding List 1 Bulletins 2010–1 through 2010–25 Announcements: 2010-1, 2010-4 I.R.B.333 2010-2, 2010-2 I.R.B.271 2010-3, 2010-4 I.R.B.333 2010-4, 2010-5 I.R.B.384 2010-5, 2010-6 I.R.B.402 2010-6, 2010-6 I.R.B.402 2010-7, 2010-6 I.R.B.403 2010-8, 2010-7 I.R.B.408 2010-9, 2010-7 I.R.B.408 2010-10, 2010-7 I.R.B.410 2010-11, 2010-10 I.R.B.438 2010-12, 2010-7 I.R.B.410 2010-13, 2010-8 I.R.B.426 2010-14, 2010-11 I.R.B.449 2010-15, 2010-10 I.R.B.438 2010-16, 2010-11 I.R.B.450 2010-17, 2010-13 I.R.B.515 2010-18, 2010-12 I.R.B.460 2010-19, 2010-14 I.R.B.529 2010-20, 2010-15 I.R.B.551 2010-21, 2010-15 I.R.B.551 2010-22, 2010-16 I.R.B.602 2010-23, 2010-16 I.R.B.602 2010-24, 2010-15 I.R.B.587 2010-25, 2010-15 I.R.B.588 2010-26, 2010-16 I.R.B.604 2010-27, 2010-18 I.R.B.657 2010-28, 2010-17 I.R.B.616 2010-29, 2010-17 I.R.B.616 2010-30, 2010-19 I.R.B.668 2010-31, 2010-19 I.R.B.681 2010-32, 2010-19 I.R.B.681 2010-33, 2010-18 I.R.B.658 2010-34, 2010-20 I.R.B.685 2010-35, 2010-20 I.R.B.685 2010-36, 2010-21 I.R.B.696 2010-37, 2010-20 I.R.B.685 2010-38, 2010-21 I.R.B.696 2010-39, 2010-22 I.R.B.724 2010-40, 2010-22 I.R.B.725 2010-41, 2010-25 I.R.B.767 2010-42, 2010-25 I.R.B.768 Notices: 2010-1, 2010-2 I.R.B.251 2010-2, 2010-2 I.R.B.251 2010-3, 2010-2 I.R.B.253 2010-4, 2010-2 I.R.B.253 2010-5, 2010-2 I.R.B.256 2010-6, 2010-3 I.R.B.275 2010-7, 2010-3 I.R.B.296 Notices— Continued: 2010-8, 2010-3 I.R.B.297 2010-9, 2010-3 I.R.B.298 2010-10, 2010-3 I.R.B.299 2010-11, 2010-4 I.R.B.326 2010-12, 2010-4 I.R.B.326 2010-13, 2010-4 I.R.B.327 2010-14, 2010-5 I.R.B.344 2010-15, 2010-6 I.R.B.390 2010-16, 2010-6 I.R.B.396 2010-17, 2010-14 I.R.B.519 2010-18, 2010-14 I.R.B.525 2010-19, 2010-7 I.R.B.404 2010-20, 2010-8 I.R.B.422 2010-21, 2010-12 I.R.B.451 2010-22, 2010-10 I.R.B.435 2010-23, 2010-11 I.R.B.441 2010-24, 2010-12 I.R.B.452 2010-25, 2010-14 I.R.B.527 2010-26, 2010-14 I.R.B.527 2010-27, 2010-15 I.R.B.531 2010-28, 2010-15 I.R.B.541 2010-29, 2010-15 I.R.B.547 2010-30, 2010-18 I.R.B.650 2010-31, 2010-16 I.R.B.594 2010-32, 2010-16 I.R.B.594 2010-33, 2010-17 I.R.B.609 2010-34, 2010-17 I.R.B.612 2010-35, 2010-19 I.R.B.660 2010-36, 2010-17 I.R.B.612 2010-37, 2010-18 I.R.B.654 2010-38, 2010-20 I.R.B.682 2010-39, 2010-24 I.R.B.756 2010-40, 2010-21 I.R.B.693 2010-41, 2010-22 I.R.B.715 2010-42, 2010-23 I.R.B.733 2010-43, 2010-22 I.R.B.716 2010-44, 2010-22 I.R.B.717 2010-45, 2010-23 I.R.B.734 2010-46, 2010-24 I.R.B.757 Proposed Regulations: REG-132232-08, 2010-6 I.R.B.401 REG-134235-08, 2010-16 I.R.B.596 REG-137036-08, 2010-6 I.R.B.398 REG-101896-09, 2010-5 I.R.B.347 REG-117501-09, 2010-11 I.R.B.442 REG-131028-09, 2010-4 I.R.B.332 REG-148681-09, 2010-11 I.R.B.443 REG-114494-10, 2010-22 I.R.B.723 REG-106750-10, 2010-25 I.R.B.765 Revenue Procedures: 2010-1, 2010-1 I.R.B.1 2010-2, 2010-1 I.R.B.90 2010-3, 2010-1 I.R.B.110 Revenue Procedures— Continued: 2010-4, 2010-1 I.R.B.122 2010-5, 2010-1 I.R.B.165 2010-6, 2010-1 I.R.B.193 2010-7, 2010-1 I.R.B.231 2010-8, 2010-1 I.R.B.234 2010-9, 2010-2 I.R.B.258 2010-10, 2010-3 I.R.B.300 2010-11, 2010-2 I.R.B.269 2010-12, 2010-3 I.R.B.302 2010-13, 2010-4 I.R.B.329 2010-14, 2010-12 I.R.B.456 2010-15, 2010-7 I.R.B.404 2010-16, 2010-19 I.R.B.664 2010-17, 2010-8 I.R.B.425 2010-18, 2010-9 I.R.B.427 2010-19, 2010-13 I.R.B.469 2010-20, 2010-14 I.R.B.528 2010-21, 2010-13 I.R.B.473 2010-22, 2010-23 I.R.B.747 2010-23, 2010-24 I.R.B.762 2010-24, 2010-25 I.R.B.764 Revenue Rulings: 2010-1, 2010-2 I.R.B.248 2010-2, 2010-3 I.R.B.272 2010-3, 2010-3 I.R.B.272 2010-4, 2010-4 I.R.B.309 2010-5, 2010-4 I.R.B.312 2010-6, 2010-6 I.R.B.387 2010-7, 2010-8 I.R.B.417 2010-8, 2010-10 I.R.B.432 2010-9, 2010-13 I.R.B.461 2010-10, 2010-13 I.R.B.461 2010-11, 2010-14 I.R.B.516 2010-12, 2010-18 I.R.B.617 2010-13, 2010-21 I.R.B.691 2010-15, 2010-23 I.R.B.730 Tax Conventions: 2010-2, 2010-2 I.R.B.271 2010-26, 2010-16 I.R.B.604 2010-27, 2010-18 I.R.B.657 Treasury Decisions: 9474, 2010-4 I.R.B.322 9475, 2010-4 I.R.B.304 9476, 2010-5 I.R.B.336 9477, 2010-6 I.R.B.385 9478, 2010-4 I.R.B.315 9479, 2010-18 I.R.B.618 9480, 2010-11 I.R.B.439 9481, 2010-17 I.R.B.605 9482, 2010-22 I.R.B.698 9483, 2010-23 I.R.B.726 9484, 2010-24 I.R.B.748 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2009–27 through 2009–52 is in Internal Revenue Bulletin 2009–52, dated December 28, 2009. 2010–25 I.R.B.iiJune 21, 2010 Finding List of Current Actions on Previously Published Items 1 Bulletins 2010–1 through 2010–25 Announcements: 2009-23 Corrected by Ann. 2010-29, 2010-17 I.R.B.616 2009-51 Supplemented and superseded by Ann. 2010-16, 2010-11 I.R.B.450 2010-4 Corrected by Ann. 2010-10, 2010-7 I.R.B.410 2010-22 Corrected by Ann. 2010-34, 2010-20 I.R.B.685 Notices: 97-66 Modified by Notice 2010-46, 2010-24 I.R.B.757 2005-88 Superseded by Notice 2010-13, 2010-4 I.R.B.327 2006-87 Superseded by Notice 2010-27, 2010-15 I.R.B.531 2007-25 Superseded by Notice 2010-27, 2010-15 I.R.B.531 2007-77 Superseded by Notice 2010-27, 2010-15 I.R.B.531 2008-14 Modified and superseded by Notice 2010-33, 2010-17 I.R.B.609 2008-41 Modified by Notice 2010-7, 2010-3 I.R.B.296 2008-55 Modified by Notice 2010-3, 2010-2 I.R.B.253 2008-88 Modified by Notice 2010-7, 2010-3 I.R.B.296 2008-107 Superseded by Notice 2010-27, 2010-15 I.R.B.531 Notices— Continued: 2008-113 Modified by Notice 2010-6, 2010-3 I.R.B.275 2008-115 Modified by Notice 2010-6, 2010-3 I.R.B.275 2008-116 Modified and superseded by Notice 2010-32, 2010-16 I.R.B.594 2009-11 Amplified by Notice 2010-9, 2010-3 I.R.B.298 2009-13 Obsoleted by T.D. 9478, 2010-4 I.R.B.315 REG-131028-09, 2010-4 I.R.B.332 2009-35 Supplemented by Notice 2010-17, 2010-14 I.R.B.519 2009-38 Amplified and superseded by Notice 2010-2, 2010-2 I.R.B.251 2009-62 Modified and supplemented by Notice 2010-23, 2010-11 I.R.B.441 Proposed Regulations: REG-127270-06 Hearing scheduled by Ann. 2010-6, 2010-6 I.R.B.402 REG-134235-08 Hearing scheduled by Ann. 2010-33, 2010-18 I.R.B.658 Revenue Procedures: 80-59 Modified and superseded by Rev. Proc. 2010-11, 2010-2 I.R.B.269 87-35 Obsoleted by Rev. Proc. 2010-3, 2010-1 I.R.B.110 2001-18 Superseded by Rev. Proc. 2010-16, 2010-19 I.R.B.664 2008-14 Updated by Rev. Proc. 2010-15, 2010-7 I.R.B.404 2009-1 Superseded by Rev. Proc. 2010-1, 2010-1 I.R.B.1 Revenue Procedures— Continued: 2009-2 Superseded by Rev. Proc. 2010-2, 2010-1 I.R.B.90 2009-3 Superseded by Rev. Proc. 2010-3, 2010-1 I.R.B.110 2009-4 Superseded by Rev. Proc. 2010-4, 2010-1 I.R.B.122 2009-5 Superseded by Rev. Proc. 2010-5, 2010-1 I.R.B.165 2009-6 Superseded by Rev. Proc. 2010-6, 2010-1 I.R.B.193 2009-7 Superseded by Rev. Proc. 2010-7, 2010-1 I.R.B.231 2009-8 Superseded by Rev. Proc. 2010-8, 2010-1 I.R.B.234 2009-9 Superseded by Rev. Proc. 2010-9, 2010-2 I.R.B.258 2009-15 Amplified and superseded by Rev. Proc. 2010-12, 2010-3 I.R.B.302 2009-17 Superseded by Rev. Proc. 2010-21, 2010-13 I.R.B.473 2009-25 Superseded by Rev. Proc. 2010-3, 2010-1 I.R.B.110 2009-27 Obsoleted by Rev. Proc. 2010-23, 2010-24 I.R.B.762 2009-50 Section 3.20 modified and superseded by Rev. Proc. 2010-24, 2010-25 I.R.B.764 2009-55 Corrected by Ann. 2010-11, 2010-10 I.R.B.438 2010-1 Corrected by Ann. 2010-5, 2010-6 I.R.B.402 Revenue Rulings: 67-436 Obsoleted by REG-101896-09, 2010-5 I.R.B.347 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2009–27 through 2009–52 is in Internal Revenue Bulletin 2009–52, dated December 28, 2009. June 21, 2010iii2010–25 I.R.B. Revenue Rulings— Continued: 92-19 Supplemented in part by Rev. Rul. 2010-7, 2010-8 I.R.B.417 2008-52 Supplemented and superseded by Rev. Rul. 2010-2, 2010-3 I.R.B.272 Treasury Decisions: 9350 Corrected by Ann. 2010-38, 2010-21 I.R.B.696 Ann. 2010-39, 2010-22 I.R.B.724 9424 Corrected by Ann. 2010-18, 2010-12 I.R.B.460 9443 Corrected by Ann. 2010-8, 2010-7 I.R.B.408 9458 Corrected by Ann. 2010-7, 2010-6 I.R.B.403 2010–25 I.R.B.ivJune 21, 2010 June 21, 20102010–25 I.R.B. 2010–25 I.R.B.June 21, 2010 June 21, 20102010–25 I.R.B. INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superin- tendent of Documents when their subscriptions must be renewed. CUMULATIVE BULLETINS The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold on a single copy basis andare notincluded as part of the subscription to the Internal Revenue Bulletin. 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