us-irs-revenue-procedures-irb-2002-42-pdf•Internal Revenue Bulletin 2002-42 (PDF rendition): IRS Revenue Procedures
Internal Revenue Bulletin 2002-42 (PDF rendition): IRS Revenue Procedures
us-irs-revenue-procedures-irb-2002-42-pdfInternal Revenue Bulletin 2002-42 (PDF rendition): IRS Revenue ProceduresGuidance
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# Internal Revenue bulletin Bulletin No. 2002-42 October 21, 2002 ## HIGHLIGHTS OF THIS ISSUE These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. ## INCOME TAX Notice 2002-66, page 715. This notice extends through the end of calendar year 2002 the transitional documentation and reporting relief for foreign part- nerships, Qualified Intermediaries (QIs), and U.S. withholding agents specified in Notice 2001-4. Notice 2002-67, page 715. Gain or loss; payments to peanut quota holders. Informa- tion is provided, in a question and answer format, to holders of peanut quotas regarding the tax treatment of federal payments made under section 1309 of the Farm Security and Rural Invest- ment Act of 2002. Announcement 2002-94, page 727. This document contains corrections to proposed regulations (REG-136311-01, 2002-36 I.R.B. 485) that explain when a for- eign corporation engaged in the international operation of ships or aircraft may exclude its U.S. source income from gross in- come for U.S. federal income tax purposes. ## EMPLOYEE PLANS Rev. Rul. 2002-62, page 710. Substantially equal periodic payments; premature distri- butions. This ruling provides that a change to the required mini- mum distribution method of calculating substantially equal periodic payments within the meaning of section 72(t)(2)(A)(iv) of the Code will not generate additional income tax under section 72(t)(1). Notice 89-25 modified. ## EXEMPT ORGANIZATIONS Rev. Proc. 2002-64, page 717. This procedure provides a modified and supplemented list of Indian tribal governments that are to be treated similarly to states for specified purposes under the Internal Revenue Code. This list has been coordinated with the list of recognized tribes pub- lished by the Department of Interior, Bureau of Indian Affairs. Rev. Proc. 2001-15 superseded. ## EXCISE TAX Announcement 2002-95, page 727. This document contains a notice of public hearing scheduled for February 27, 2003, on proposed regulations (REG-103829- 99, 2002-27 I.R.B. 59) relating to the definition of a highway ve- hicle for purposes of various excise taxes. ## ADMINISTRATIVE Notice 2002-66, page 715. This notice extends through the end of calendar year 2002 the transitional documentation and reporting relief for foreign part- nerships, Qualified Intermediaries (QIs), and U.S. withholding agents specified in Notice 2001-4. Rev. Proc. 2002-66, page 724. Penalties; substantial understatement. Guidance is pro- vided concerning when information shown on a return in accor- dance with the applicable forms and instructions will be adequate disclosure for purposes of reducing an understatement of in- come tax under section 6662(d) of the Code. Rev. Proc. 2001-52 updated. Finding Lists begin on page ii. Department of the Treasury Internal Revenue Service <!-- PageBreak --> ## 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 rul- ings and procedures of the Internal Revenue Service and for pub- lishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general inter- est. It is published weekly and may be obtained from the Super- intendent of Documents on a subscription basis. Bulletin contents are consolidated 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, modify, or amend any of those previously published in the Bulletin. All pub- lished rulings apply retroactively unless otherwise indicated. Pro- cedures relating solely to matters of internal management are not published; however, statements of internal practices and pro- cedures that affect the rights and duties of taxpayers are pub- lished. 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 taxpay- ers or technical advice to Service field offices, identifying de- tails 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 re- lied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and pro- cedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Ser- vice personnel and others concerned are cautioned against reach- ing 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. - 1986 Code. This part includes rulings and decisions based on provisions of the Internal 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, Legisla- tion and Related Committee Reports. Part III .- Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these sub- jects are contained in the other Parts and Subparts. Also in- cluded in this part are Bank Secrecy Act Administrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the De- partment of the Treasury's Office of the Assistant Secretary (En- forcement). #### Part IV .- Items of General Interest. This part includes notices of proposed rulemakings, disbar- ment and suspension lists, and announcements. The first 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 first Bulletin of the succeeding semiannual pe- riod, respectively. The contents 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. <!-- PageFooter="October 21, 2002" --> <!-- PageFooter="2002-42 I.R.B." --> <!-- PageBreak --> ## Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 ### Section 72 .- Annuities; Certain Proceeds of Endowment and Life Insurance Contracts Substantially equal periodic payments; premature distributions. This ruling pro- vides that a change to the required mini- mum distribution method of calculating substantially equal periodic payments within the meaning of section 72(t)(2)(A)(iv) of the Code will not generate additional income tax under section 72(t)(1). Q&A-12 of No- tice 89-25 modified. #### Rev. Rul. 2002-62 ##### SECTION 1. PURPOSE AND BACKGROUND .01 The purpose of this revenue ruling is to modify the provisions of Q&A-12 of Notice 89-25, 1989-1 C.B. 662, which pro- vides guidance on what constitutes a se- ries of substantially equal periodic payments within the meaning of § 72(t)(2)(A)(iv) of the Internal Revenue Code from an indi- vidual account under a qualified retire- ment plan. Section 72(t) provides for an additional income tax on early withdraw- als from qualified retirement plans (as de- fined in § 4974(c)). Section 4974(c) provides, in part, that the term "qualified retirement plan" means (1) a plan described in § 401 (including a trust exempt from tax under § 501(a)), (2) an annuity plan de- scribed in § 403(a), (3) a tax-sheltered an- nuity arrangement described in § 403(b), (4) an individual retirement account described in § 408(a), or (5) an individual retire- ment annuity described in § 408(b). .02 (a) Section 72(t)(1) provides that if an employee or IRA owner receives any amount from a qualified retirement plan be- fore attaining age 591/2, the employee's or IRA owner's income tax is increased by an amount equal to 10-percent of the amount that is includible in the gross income un- less one of the exceptions in § 72(t)(2) ap- plies. (b) Section 72(t)(2)(A)(iv) provides, in part, that if distributions are part of a se- ries of substantially equal periodic pay- ments (not less frequently than annually) made for the life (or life expectancy) of the employee or the joint lives (or joint life ex- pectancy) of the employee and benefi- ciary, the tax described in § 72(t)(1) will not be applicable. Pursuant to § 72(t)(5), in the case of distributions from an IRA, the IRA owner is substituted for the employee for purposes of applying this exception. (c) Section 72(t)(4) provides that if the series of substantially equal periodic pay- ments that is otherwise excepted from the 10-percent tax is subsequently modified (other than by reason of death or disabil- ity) within a 5-year period beginning on the date of the first payment, or, if later, age 591/2, the exception to the 10-percent tax does not apply, and the taxpayer's tax for the year of modification shall be increased by an amount which, but for the excep- tion, would have been imposed, plus in- terest for the deferral period. (d) Q&A-12 of Notice 89-25 sets forth three methods for determining whether pay- ments to individuals from their IRAs or, if they have separated from service, from their qualified retirement plans constitute a se- ries of substantially equal periodic pay- ments for purposes of § 72(t)(2)(A)(iv). (e) Final Income Tax Regulations that were published in the April 17, 2002, is- sue of the Federal Register (T.D. 8987, 2002-19 I.R.B. 852) under § 401(a)(9) pro- vide new life expectancy tables for deter- mining required minimum distributions. ### SECTION 2. METHODS .01 General rule. Payments are consid- ered to be substantially equal periodic pay- ments within the meaning of § 72(t)(2)(A)(iv) if they are made in ac- cordance with one of the three calcula- tions described in paragraphs (a) - (c) of this subsection (which is comprised of the three methods described in Q&A-12 of No- tice 89-25). (a) The required minimum distribution method. The annual payment for each year is determined by dividing the account bal- ance for that year by the number from the chosen life expectancy table for that year. Under this method, the account balance, the number from the chosen life expectancy table and the resulting annual payments are redetermined for each year. If this method is chosen, there will not be deemed to be a modification in the series of substan- tially equal periodic payments, even if the amount of payments changes from year to year, provided there is not a change to an- other method of determining the payments. (b) The fixed amortization method. The annual payment for each year is deter- mined by amortizing in level amounts the account balance over a specified number of years determined using the chosen life ex- pectancy table and the chosen interest rate. Under this method, the account balance, the number from the chosen life expectancy table and the resulting annual payment are determined once for the first distribution year and the annual payment is the same amount in each succeeding year. (c) The fixed annuitization method. The annual payment for each year is deter- mined by dividing the account balance by an annuity factor that is the present value of an annuity of $1 per year beginning at the taxpayer's age and continuing for the life of the taxpayer (or the joint lives of the individual and beneficiary). The annuity fac- tor is derived using the mortality table in Appendix B and using the chosen interest rate. Under this method, the account bal- ance, the annuity factor, the chosen inter- est rate and the resulting annual payment are determined once for the first distribu- tion year and the annual payment is the same amount in each succeeding year. .02 Other rules. The following rules ap- ply for purposes of this section. (a) Life expectancy tables. The life ex- pectancy tables that can be used to deter- mine distribution periods are: (1) the uniform lifetime table in Appendix A, or (2) the single life expectancy table in § 1.401(a)(9)-9, Q&A-1 of the Income Tax Regulations or (3) the joint and last survi- vor table in § 1.401(a)(9)-9, Q&A-3. The number that is used for a distribution year is the number shown from the table for the employee's (or IRA owner's) age on his or her birthday in that year. If the joint and sur- vivor table is being used, the age of the ben- eficiary on the beneficiary's birthday in the year is also used. In the case of the re- quired minimum distribution method, the same life expectancy table that is used for the first distribution year must be used in each following year. Thus, if the taxpayer uses the single life expectancy table for the required minimum distribution method in the first distribution year, the same table must be used in subsequent distribution years. <!-- PageFooter="2002-42 I.R.B." --> <!-- PageFooter="October 21, 2002" --> <!-- PageBreak --> (b) Beneficiary under joint tables. If the joint life and last survivor table in § 1.401(a)(9)-9, Q&A-3, is used, the sur- vivor must be the actual beneficiary of the employee with respect to the account for the year of the distribution. If there is more than one beneficiary, the identity and age of the beneficiary used for purposes of each of the methods described in section 2.01 are determined under the rules for determin- ing the designated beneficiary for pur- poses of § 401(a)(9). The beneficiary is determined for a year as of January 1 of the year, without regard to changes in the ben- eficiary in that year or beneficiary deter- minations in prior years. For example, if a taxpayer starts distributions from an IRA in 2003 at age 50 and a 25-year-old and 55- year-old are beneficiaries on January 1, the 55-year-old is the designated beneficiary and the number for the taxpayer from the joint and last survivor tables (age 50 and age 55) would be 38.3, even though later in 2003 the 55-year-old is eliminated as a benefi- ciary. However, if that beneficiary is elimi- nated or dies in 2003, under the required minimum distribution method, that indi- vidual would not be taken into account in future years. If, in any year there is no ben- eficiary, the single life expectancy table is used for that year. (c) Interest rates. The interest rate that may be used is any interest rate that is not more than 120 percent of the federal mid-term rate (determined in accordance with § 1274(d) for either of the two months immediately preceding the month in which the distribution begins). The revenue rul- ings that contain the § 1274(d) federal mid- term rates may be found at www.irs.gov/ taxpros/lists/0,,id=98042,00.html. (d) Account balance. The account bal- ance that is used to determine payments must be determined in a reasonable man- ner based on the facts and circumstances. For example, for an IRA with daily valu- ations that made its first distribution on July 15, 2003, it would be reasonable to deter- mine the yearly account balance when us- ing the required minimum distribution method based on the value of the IRA from December 31, 2002, to July 15, 2003. For subsequent years, under the required mini- mum distribution method, it would be rea- sonable to use the value either on December 31 of the prior year or on a date within a reasonable period before that year's distri- bution. <!-- PageFooter="October 21, 2002" --> (e) Changes to account balance. Un- der all three methods, substantially equal pe- riodic payments are calculated with respect to an account balance as of the first valu- ation date selected in paragraph (d) above. Thus, a modification to the series of pay- ments will occur if, after such date, there is (i) any addition to the account balance other than gains or losses, (ii) any nontax- able transfer of a portion of the account bal- ance to another retirement plan, or (iii) a rollover by the taxpayer of the amount re- ceived resulting in such amount not be- ing taxable. .03 Special rules. The special rules de- scribed below may be applicable. (a) Complete depletion of assets. If, as a result of following an acceptable method of determining substantially equal peri- odic payments, an individual's assets in an individual account plan or an IRA are ex- hausted, the individual will not be sub- ject to additional income tax under § 72(t)(1) as a result of not receiving sub- stantially equal periodic payments and the resulting cessation of payments will not be treated as a modification of the series of payments. (b) One-time change to required mini- mum distribution method. An individual who begins distributions in a year using ei- ther the fixed amortization method or the fixed annuitization method may in any sub- sequent year switch to the required mini- mum distribution method to determine the payment for the year of the switch and all subsequent years and the change in method will not be treated as a modification within the meaning of § 72(t)(4). Once a change is made under this paragraph, the required minimum distribution method must be fol- lowed in all subsequent years. Any subse- quent change will be a modification for purposes of § 72(t)(4). ### SECTION 3. EFFECTIVE DATE AND TRANSITIONAL RULES The guidance in this revenue ruling re- places the guidance in Q&A-12 of No- tice 89-25 for any series of payments commencing on or after January 1, 2003, and may be used for distributions com- mencing in 2002. If a series of payments commenced in a year prior to 2003 that sat- isfied § 72(t)(2)(A)(iv), the method of cal- culating the payments in the series is permitted to be changed at any time to the required minimum distribution method de- scribed in section 2.01(a) of this guid- ance, including use of a different life expectancy table. ### SECTION 4. EFFECT ON OTHER DOCUMENTS Q&A-12 of Notice 89-25 is modified. ### SECTION 5. REQUEST FOR COMMENTS The Service and Treasury invite com- ments with respect to the guidance pro- vided in this revenue ruling. Comments should reference Rev. Rul. 2002-62. Comments may be submitted to CC:ITA:RU (Rev. Rul. 2002-62, room 5226, Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. Comments may be hand delivered between the hours of 8:30 a.m. and 5 p.m. Monday to Friday to: CC:ITA:RU (Rev. Rul. 2002-62), Courier's Desk, Internal Revenue Service, 1111 Constitution Av- enue NW, Washington, D.C. Alternatively, comments may be submitted via the Inter- net at Notice.Comments@irscounsel. treas.gov. All comments will be available for public inspection and copying. #### Drafting Information The principal author of this revenue rul- ing is Michael Rubin of the Employee Plans, Tax Exempt and Government Enti- ties Division. For further information re- garding this revenue ruling, please contact Mr. Rubin at 1-202-283-9888 (not a toll- free number). <!-- PageFooter="2002-42 I.R.B." --> <!-- PageBreak --> # Appendix A Uniform Lifetime Table Taxpayer's Age Life Expectancy Taxpayer's Age Life Expectancy 10 86.2 63 33.9 11 85.2 64 33.0 12 84.2 65 32.0 13 83.2 66 31.1 14 82.2 67 30.2 15 81.2 68 29.2 16 80.2 69 28.3 17 79.2 70 27.4 18 78.2 71 26.5 19 77.3 72 25.6 20 76.3 73 24.7 21 75.3 74 23.8 22 74.3 75 22.9 23 73.3 76 22.0 24 72.3 77 21.2 25 71.3 78 20.3 26 70.3 79 19.5 27 69.3 80 18.7 28 68.3 81 17.9 29 67.3 82 17.1 30 66.3 83 16.3 31 65.3 84 15.5 32 64.3 85 14.8 33 63.3 86 14.1 34 62.3 87 13.4 35 61.4 88 12.7 36 60.4 89 12.0 37 59.4 90 11.4 38 58.4 91 10.8 39 57.4 92 10.2 40 56.4 93 9.6 41 55.4 94 9.1 42 54.4 95 8.6 43 53.4 96 8.1 44 52.4 97 7.6 45 51.5 98 7.1 46 50.5 99 6.7 47 49.5 100 6.3 48 48.5 101 5.9 49 47.5 102 5.5 50 46.5 103 5.2 51 45.5 104 4.9 52 44.6 105 4.5 53 43.6 106 4.2 54 42.6 107 3.9 55 41.6 108 3.7 56 40.7 109 3.4 57 39.7 110 3.1 58 38.7 111 2.9 59 37.8 112 2.6 60 36.8 113 2.4 61 35.8 114 2.1 62 34.9 115 1.9 <!-- PageFooter="2002-42 I.R.B." --> <!-- PageFooter="October 21, 2002" --> <!-- PageBreak --> ## Appendix B Mortality Table Used to Formulate the Single Life Table in § 1.401(a)(9)-9, Q&A-1 age 9x lx age 9x lx 0 0.001982 1000000 58 0.004736 941078 1 0.000802 998018 59 0.005101 936621 2 0.000433 997218 60 0.005509 931843 3 0.000337 996786 61 0.005975 926709 4 0.000284 996450 62 0.006512 921172 5 0.000248 996167 63 0.007137 915173 6 0.000221 995920 64 0.007854 908641 7 0.000201 995700 65 0.008670 901505 8 0.000222 995500 66 0.009591 893689 9 0.000241 995279 67 0.010620 885118 10 0.000259 995039 68 0.011778 875718 11 0.000277 994781 69 0.013072 865404 12 0.000292 994505 70 0.014519 854091 13 0.000306 994215 71 0.016139 841690 14 0.000318 993911 72 0.017950 828106 15 0.000331 993595 73 0.019958 813241 16 0.000344 993266 74 0.022198 797010 17 0.000359 992924 75 0.024699 779318 18 0.000375 992568 76 0.027484 760070 19 0.000392 992196 77 0.030582 739180 20 0.000411 991807 78 0.034010 716574 21 0.000432 991399 79 0.037807 692203 22 0.000454 990971 80 0.042010 666033 23 0.000476 990521 81 0.046652 638053 24 0.000501 990050 82 0.051766 608287 25 0.000524 989554 83 0.057392 576798 26 0.000547 989035 84 0.063583 543694 27 0.000567 988494 85 0.070397 509124 28 0.000584 987934 86 0.077892 473283 29 0.000598 987357 87 0.086124 436418 30 0.000608 986767 88 0.095238 398832 31 0.000615 986167 89 0.105068 360848 32 0.000619 985561 90 0.115518 322934 33 0.000622 984951 91 0.126487 285629 34 0.000625 984338 92 0.137876 249501 35 0.000629 983723 93 0.149419 215101 36 0.000636 983104 94 0.161176 182961 37 0.000657 982479 95 0.173067 153472 38 0.000696 981834 96 0.185008 126911 39 0.000749 981151 97 0.196920 103431 40 0.000818 980416 98 0.210337 83063.4 41 0.000904 979614 99 0.224861 65592.1 42 0.001007 978728 100 0.241017 50843.0 43 0.00113 977742 101 0.259334 38589.0 44 0.00127 976637 102 0.280356 28581.6 45 0.001426 975397 103 0.303142 20568.6 46 0.001597 974006 104 0.329482 14333.4 47 0.001783 972451 105 0.359886 9610.80 48 0.001979 970717 106 0.394865 6152.01 49 0.002187 968796 107 0.434933 3722.80 50 0.002409 966677 108 0.480599 2103.63 51 0.002646 964348 109 0.532376 1092.63 52 0.002896 961796 110 0.590774 510.940 53 0.003167 959011 111 0.656307 209.090 54 0.003453 955974 112 0.729484 71.8628 55 0.003754 952673 113 0.810817 19.4400 56 0.004069 949097 114 0.900819 3.67772 57 0.004398 945235 115 1.000000 0.364760 <!-- PageFooter="October 21, 2002" --> <!-- PageFooter="2002-42 I.R.B." --> <!-- PageBreak --> # Section 103(c) .- Definition. Interest on State and Local Bonds For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. ## Section 105(e) .- Amounts Received Under Accident and Health Plans For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. ## Section 117(b)(2)(A) .- Qualified Scholarships For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. ### Section 164 .- Taxes For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. ### Section 170 .- Charitable, etc., Contributions and Gifts For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. Section 403(b)(1)(A)(ii) .- Taxation of Employee Annu- ities -Taxability of Benefi- ciary Under Annuity Purchased by Section 501(c)(3) Organization or Public School For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. Section 454(b)(2) .- Obliga- tions Issued at Discount - Short-Term Obligations Issued on Discount Basis For what purposes are Indial tribal governments treated as states? See Rev. Proc. 2002-64, page 717. Section 511(a)(2)(B) .- Imposition of Tax on Unre- lated Business Income of Charitable, etc., Organiza- tions - Organizations Subject to Tax For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. #### Section 2055 .- Transfers for Public, Charitable, and Reli- gious Uses For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. ## Section 2106(a)(2) .- Taxable Estate - Transfers for Public, Charitable, and Religious Uses For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. ## Section 2522 .- Charitable and Similar Gifts For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. ## Section 4041(g) .- Retail Ex- cise Taxes - Special Fuels - Other Exceptions For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. ## Section 4216 .- Definition of Price For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. ### Section 4253(i) .- Exemptions - State and Local Govern- mental Exemption For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. ## Section 4483(a) .- Exemptions For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. ### Section 4911 .- Tax on Ex- cess Expenditures to Influ- ence Legislation For what purposes are Indial tribal governments treated as states? See Rev. Proc. 2002-64, page 717. ### Section 4940(c) .- Excise Tax Based on Investment Income - Net Investment Income Defined For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. #### Section 4941(d) .- Taxes on Self-Dealing For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. ### Section 4942(f) .- Taxes on Failure to Distribute Income - Adjusted Net Income For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. Section 4945(f) .- Taxes on Taxable Expenditures - Non- partisan Activities Carried on by Certain Organizations For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. Section 4946(c) .- Definitions and Special Rules - Govern- ment Official For what purposes are Indian tribal governments treated as states? See Rev. Proc. 2002-64, page 717. <!-- PageFooter="2002-42 I.R.B." --> <!-- PageFooter="October 21, 2002" --> <!-- PageBreak --> # Part III. Administrative, Procedural, and Miscellaneous Extension of Transition Relief for Foreign Partnerships and Their Withholding Agents Under Notice 2001-4 ## Notice 2002-66 ### SECTION 1. PURPOSE This notice extends the transitional docu- mentation and reporting relief specified in Section IV of Notice 2001-4, 2001-1 C.B. 267, for foreign partnerships, Qualified In- termediaries (QI), and U.S. withholding agents through the end of calendar year 2002. ### SECTION 2. BACKGROUND In T.D. 8734, 1999-1 C.B. 455, as modi- fied by T.D. 8881, 2000-1 C.B. 1158, the IRS issued comprehensive regulations (with- holding regulations) under sections 1441- 1446 and 6041-6050S of the Internal Revenue Code (the Code). These regula- tions became effective January 1, 2001. Un- der the withholding regulations, as well as the qualified intermediary withholding agreement (QI Agreement), a foreign part- nership generally is treated as a flow- through entity. Therefore, prior to receiving a payment, it must provide a withholding agent, including a QI, with a Form W-8IMY together with documentation from each partner and a withholding statement that allocates the payment to each of the partners in the partnership. The IRS recognizes that, under these rules, the withholding agent may receive a high volume of documentation and may therefore experience significant process- ing problems. The withholding regula- tions address this problem by allowing a foreign partnership to become a withhold- ing foreign partnership under an agree- ment with the IRS similar to the QI Agreement. A withholding foreign partner- ship generally would not be required to pro- vide documentation for its partners to the withholding agent. As transition relief, pending the publi- cation of a model agreement for entering into a withholding foreign partnership ar- rangement, the IRS issued Notice 2001-4, applicable to calendar year 2001. Notice 2001-4 allowed foreign partnerships to pro- vide the withholding agent with a with- holding statement based on withholding rate pools, along with certain other documen- tation. In addition, under Notice 2001-4, the required documentation for partners that were foreign persons or U.S. exempt re- cipients could be provided to the withhold- ing agent at any time during the calendar year 2001. In Notice 2002-41, 2002-24 I.R.B. 1153, the IRS published proposed guidance for entering into a withholding foreign part- nership (WP) or withholding foreign trust (WT) agreement. These proposed WP and WT agreements addressed the unique fea- tures of partnerships and trusts by adopt- ing tailored procedures for documentation, reporting, and audit that were intended to facilitate compliance and reduce adminis- trative and audit costs. To allow time for comments on the pro- posed WP and WT agreements, the IRS has determined that it is appropriate to ex- tend the transition relief for foreign part- nerships under Section IV of Notice 2001-4 to calendar year 2002. The IRS antici- pates that it will finalize the WP and WT agreements in the near future and will en- ter into WP and WT agreements with for- eign partnerships and trusts in 2003. Such partnerships and trusts will be able to func- tion as WPs or WTs as of the beginning of 2003. The transition relief for foreign part- nerships under Section IV of Notice 2001-4 will be rendered obsolete when the guid- ance for entering into a WP agreement is finalized. Accordingly, this notice will ex- tend the relief provided in Section IV of Notice 2001-4, through the end of calen- dar year 2002. #### SECTION 3. TRANSITION RELIEF Under the transition relief of Section IV of Notice 2001-4, as extended by this no- tice, for calendar year 2002, the IRS will permit a foreign partnership to provide a withholding agent, including a QI, with a Form W-8IMY together with a withhold- ing statement that provides the withhold- ing agent with information regarding withholding rate pools. The foreign part- nership must provide a separate withhold- ing rate pool for each U.S. non-exempt recipient partner. The foreign partnership must associate the documentation from each of its partners with the Form W-8IMY. If a partner is a foreign person or a U.S. ex- empt recipient (e.g., a corporation), that documentation may be provided to the with- holding agent at any time during calendar year 2002. If a partner is a U.S. non-exempt recipient, a Form W-9 must be provided before a payment is made to a partner- ship. For more detailed information regard- ing this transition relief, see Section IV of Notice 2001-4. # CONTACT INFORMATION The principal author of this notice is Marc J. Korab of the Office of the Asso- ciate Chief Counsel (International), Inter- nal Revenue Service, 1111 Constitution Avenue, NW, Washington, D.C. 20224. For further information regarding this notice, contact Mr. Korab at 202-622-3840 (not a toll-free call). # Tax Treatment of Payments Made Under the USDA Peanut Quota Buyout Program ## Notice 2002-67 PURPOSE This notice provides answers to fre- quently asked questions regarding the tax treatment of federal payments made pur- suant to § 1309 of the Farm Security and Rural Investment Act of 2002, Pub. L. No. 107-171, 116 Stat. 134, 179 (2002) (the Act). ### BACKGROUND Section 1309(a)(1) of the Act repeals the marketing quota programs for peanuts in part VI of subtitle B of title III of the Ag- ricultural Adjustment Act of 1938, as amended (7 U.S.C. §§ 1357-1359a). The re- peal is effective May 13, 2002, the date the Act became law. Section 1309(b)(1) of the Act directs the United States Department of Agriculture (USDA) to offer to enter into a contract with each eligible peanut quota holder for the purpose of providing compensation for the lost value of the quota on account of the repeal. The Act provides for five an- nual, equal payments of 11¢ per pound of peanut quota to be paid during 2002 through <!-- PageFooter="October 21, 2002" --> <!-- PageFooter="2002-42 I.R.B." --> <!-- PageBreak --> 2006, and does not provide for the pay- ment of any interest. A quota holder also has an option of receiving a single lump sum payment in any one of those five years. The contract between a quota holder and USDA will set forth the payment terms se- lected by the quota holder. # QUESTIONS AND ANSWERS Q-1. Are the payments received by a quota holder under the Act subject to fed- eral income tax? A-1. Yes. If the amount paid for the quota is more than the quota holder's ad- justed basis in the quota, the quota holder has a taxable gain; if the amount paid for the quota is less than the adjusted basis, the quota holder has a loss that may be de- ductible for tax purposes. The amount paid for the quota does not include any amount treated as interest for federal tax purposes, and the total amount paid to the quota holder is reduced by amounts treated as in- terest before determining the quota hold- er's gain or loss. See Q & A-7 for help in determining whether any portion of the amount paid is treated as interest for fed- eral tax purposes. Q-2. How does a quota holder deter- mine the adjusted basis of a quota? A-2. The adjusted basis of a quota is de- termined differently depending upon how the quota came into the hands of the quota holder. · A quota holder who holds a quota that is derived from an original grant by the Federal government of an acre- age allotment has a basis of zero in the quota. · The basis of a quota that was pur- chased is the price the quota holder paid for it. The basis of a quota that is derived from an acreage allotment that was purchased is the price that the quota holder paid for the acreage al- lotment. · Generally a quota holder who received a quota as a gift has the same basis in the quota as the person who gave it to the quota holder. Under certain cir- cumstances, the basis is increased by an amount related to the amount of gift tax paid. If the basis is greater than the fair market value of the quota at the time of the gift, the basis for de- termining loss is that fair market value. · The basis of a quota that was inher- ited generally is the fair market value of the quota at the time of the dece- dent's death. The basis of a peanut quota is not sub- ject to adjustment through amortization, depletion, or depreciation. However, if a quota holder has previously deducted amounts for these purposes, the basis should be reduced by a corresponding amount be- fore determining the quota holder's gain or loss. A similar reduction in the basis of a quota should be made for any amount pre- viously deducted as a loss because of a re- duction in the number of pounds of peanuts allowable under the quota. If a quota holder purchased a quota or acreage allotment and deducted the entire cost in the year of pur- chase, then the quota holder's basis in the purchased quota or the quota derived from the acreage allotment is zero. Q-3. If a quota holder has a gain and either receives a lump sum payment in the taxable year that includes May 13, 2002, or elects not to use the installment method, when should the gain be included in in- come for tax purposes? A-3. The entire gain should be taken into account on the quota holder's federal income tax return for the taxable year that includes May 13, 2002. The amount of gain to include in income is the excess of the to- tal amount to be received, reduced by any amount treated as interest, over the quota holder's adjusted basis in the quota. See Q & A-7 for help in determining whether any portion of the amount to be received is treated as interest for federal tax pur- poses. Q-4. If a quota holder has a gain and reports the transaction using the install- ment method, when should the gain be in- cluded in income for tax purposes? A-4. The installment method may be used to report a gain if a quota holder re- ceives at least one payment after the close of the holder's taxable year that includes May 13, 2002. The amount of gain is the excess of the total amount to be received, reduced by any amount treated as inter- est, over the quota holder's adjusted ba- sis in the quota. Under the installment method, a proportionate amount of the gain is taken into account in each year in which a payment is received. See the instruc- tions for Form 6252, Installment Sale In- come, for help in determining the amount of gain to take into account. See Q & A-7 for help in determining whether any por- tion of the amount to be received is treated as interest for federal tax purposes. Q-5. Is the gain or loss ordinary or capital gain or loss? A-5. Whether the gain or loss is ordi- nary or capital depends on how the quota holder made use of the quota. · If the quota holder used the quota in the trade or business of farming and, on May 13, 2002, the quota holder's holding period for the quota was more than one year, then the transaction is reported as a section 1231 transac- tion on Form 4797, Sales of Busi- ness Property. Assuming a quota holder has no other section 1231 trans- actions reportable on Form 4797, any gain is treated as long-term capital gain and any loss is treated as ordinary loss. Even if a quota holder has other re- portable section 1231 transactions, the net result of all section 1231 transac- tions reported is generally either long- term capital gain or ordinary loss. See the instructions for Form 4797 for more detailed information. · If the quota holder held the quota for investment purposes, any gain or loss is capital gain or loss. The same re- sult also applies if the quota holder held the quota for the production of in- come, though not connected with a trade or business. Under certain circumstances, some or all of the capital gain must be recharacter- ized and reported as ordinary income. If the quota holder previously deducted (a) the cost of acquiring a quota; (b) amounts for amortization, depletion, or depreciation; or (c) amounts to reflect a reduction in the quota pounds, any resulting capital gain is taxed as ordinary income up to the amount previously deducted. This amount of ordi- nary income should be included in income in the quota holder's return for the tax- able year that includes May 13, 2002, even if the quota holder uses the installment method to report the remainder of the gain. Q-6. Is the compensation received un- der the Act self-employment income? A-6. No. Q-7. How does a quota holder deter- mine if a portion of the amount paid will be treated as interest for federal tax pur- poses? <!-- PageFooter="2002-42 I.R.B." --> <!-- PageFooter="October 21, 2002" --> <!-- PageBreak --> A-7. In the following three situations, no part of the amount paid is treated as in- terest for federal tax purposes: · The total amount paid will not ex- ceed $3,000; · All of the payments will be made on or before November 13, 2002; or · The total amount paid will not ex- ceed $250,000, and all of the pay- ments will be made on or before May 13, 2003. In all other cases, there is a possibility that a portion of each payment will be treated as interest for federal tax purposes. Sections 483 and 1274 of the Internal Rev- enue Code determine whether a portion of a payment is treated as interest and, if so, the amount of interest allocable to a pay- ment. In some cases, even a quota holder that uses the cash receipts and disburse- ments method of accounting may have to include this interest in income prior to re- ceipt of any payment (for example, if the total payments exceed $250,000 and the cash method election under § 1274A is un- available). Except in the three situations de- scribed above, therefore, you should consult your tax advisor to determine whether any portion of the amount to be received is treated as interest for federal tax purposes and, if so, when the interest is includible in income. Q-8. For an individual quota holder, does gain or loss resulting from the ex- change of a quota qualify for farm income averaging? A-8. No. A peanut quota is considered an interest in land, and farm income aver- aging is not available for gain or loss aris- ing from the sale or other disposition of land. Q-9. Are the payments under the Act subject to information reporting? A-9. Yes. Because a peanut quota is considered an interest in land, the total amount to be received under a contract gen- erally will be reported by USDA on Form 1099-S for 2002 if the amount is $600 or more. In addition, any portion of a pay- ment treated as interest for federal tax pur- poses in an amount of $600 or more generally will be reported by USDA on Form 1099-INT for the year in which the payment is made. Q-10. Is the buyout of the peanut quo- tas under the Act an involuntary conver- sion of the quotas? <!-- PageFooter="October 21, 2002" --> A-10. No, it is not an involuntary con- version. # DRAFTING INFORMATION The principal author of this notice is Robert Basso of the Office of Associate Chief Counsel (Income Tax and Account- ing). For further information regarding Q & A-7 of this notice, contact Pamela Lew of the Office of Associate Chief Coun- sel (Financial Institutions and Products) at (202) 622-3950 (not a toll-free call). For further information regarding the remain- der of this notice, contact Mr. Basso at (202) 622-4950 (not a toll-free call). 26 CFR 601.201: Rulings and determination letters. (Also Part I, Sections 103(c), 105(e), 117(b)(2)(A), 164, 170, 403(b)(1)(A)(ii), 454(b)(2), 511(a)(2)(B), 2055, 2106(a)(2), 2522, 4041(g), 4216, 4253(i), 4483(a), 4911, 4940(c), 4941(d), 4942(f), 4945(f), 4946(c).) ## Rev. Proc. 2002-64 SECTION 1. GENERAL .01 PURPOSE The purpose of this rev- enue procedure is to provide a modified and supplemented list of Indian tribal govern- ments that are to be treated similarly to states for specified purposes under the In- ternal Revenue Code. .02 CHANGES One tribe was added to the list of Indian tribal governments pub- lished in Rev. Rul. 2001-15. In addition, there were several tribal name changes. .03 BACKGROUND The Indian Tribal Governmental Tax Status Act of 1982 (Title II of Pub. L. No. 97-473, 1983-1 C.B. 510, 511, as amended by Pub. L. No. 98-21, 1983-2 C.B. 309, 315) added certain pro- visions to the Code that pertain to the sta- tus of Indian tribal governments. Section 7871(a) of the Internal Revenue Code and Section 305.7871-1 of the Income Tax Regulations provide that Indian tribal gov- ernments (or subdivisions thereof) will be treated as states for certain enumerated fed- eral tax purposes. For example, charitable contributions to or for the use of a tribal government may be deductible under the federal income, gift, and estate tax laws; a tribal government is entitled to exemp- tion from certain excise taxes; taxes im- posed by a tribe may be deductible; and public activity bonds may be tax exempt obligations. Section 1065 of the Tax Re- form Act of 1984, 1984-3 (Vol. 1) C.B. 556, made permanent the rules treating In- dian tribal governments (or subdivisions thereof) as states (or political subdivisions thereof). .04 DEFINITIONS The term "Indian tribal government" is defined under sec- tion 7701(a)(40) of the Code, as amended, to mean the governing body of any tribe, band, community, village or group of In- dians, or (if applicable) Alaska Natives that is determined by the Secretary of Trea- sury, after consultation with the Secretary of the Interior, to exercise governmental functions. Section 7871(d) of the Code states that, for purposes of section 7871(a), a subdivision of an Indian tribal govern- ment shall be treated as a political subdi- vision of a state if (and only if) the Secretary of the Treasury determines (af- ter consultation with the Secretary of the Interior) that such subdivision has been del- egated the right to exercise one or more of the substantial governmental functions of the Indian tribal government. # SECTION 2. APPLICATION .01 QUALIFICATIONS The follow- ing modified and supplemented list of In- dian tribal entities, including Indian tribes, bands, communities, villages, and groups of Indians, as well as Alaska Natives, rep- resents Indian tribal governments and is subject to these qualifications: (1) The list does not include Indian tribal subdivisions because the determination of which entities qualify as subdivisions is dis- cussed in Rev. Proc. 84-36, 1984-1 C.B. 510, as modified by Rev. Proc. 86-17, 1986-1 C.B. 550. (2) Temporary Regulation section 305.7701-1(a) defines "governmental func- tions" for purposes of defining an Indian tribal government or political subdivision thereof. Tribal entities not appearing on this list may apply for a ruling on whether they qualify pursuant to all applicable proce- dural rules set forth in the Statement of Pro- cedural Rules (26 CFR Part 601), and guidelines set forth in Rev. Proc. 84-37, 1984-1 C.B. 513, as modified by Rev. Proc. 86-17, 1986-1 C.B. 550, and Rev. Proc. 2001-1, 2001-1 C.B. 1. (3) Inclusion on a published list does not necessarily establish that a tribe qualifies for a particular tax benefit. For example, when a tribal entity seeks exemption from <!-- PageFooter="2002-42 I.R.B." --> <!-- PageBreak --> excise taxes, the entity must be able to dem- onstrate that the underlying transaction in- volves the exercise of an essential governmental function of the Indian tribal government. # SECTION 3. LIST .01 INDIAN TRIBAL ENTITIES THAT EXERCISE GOVERNMENTAL FUNC- TIONS FOR PURPOSES OF TITLE II PUB. L. NO. 97-473. Absentee-Shawnee Tribe of Indians of Oklahoma Agua Caliente Band of Cahuilla Indians of the Agua Caliente Indian Reservation, California Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona Alabama-Coushatta Tribes of Texas Alabama-Quassarte Tribal Town, Oklahoma Alturas Indian Rancheria, California Apache Tribe of Oklahoma Arapahoe Tribe of the Wind River Reservation, Wyoming Aroostook Band of Micmac Indians of Maine Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana Augustine Band of Cahuilla Mission Indians of the Augustine Reservation, California Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin Bay Mills Indian Community, Michigan (previously listed as the Bay Mills Indian Community of the Sault Ste. Marie Band of Chippewa Indians, Bay Mills Reservation, Michigan) Bear River Band of the Rohnerville Rancheria, California Berry Creek Rancheria of Maidu Indians of California Big Lagoon Rancheria, California Big Pine Band of Owens Valley Paiute Shoshone Indians of the Big Pine Reservation, California Big Sandy Rancheria of Mono Indians of California <!-- PageFooter="2002-42 I.R.B." --> Big Valley Band of Pomo Indians of the Big Valley Rancheria, California Blackfeet Tribe of the Blackfeet Indian Reservation of Montana Blue Lake Rancheria, California Bridgeport Paiute Indian Colony of California Buena Vista Rancheria of Me-Wuk Indians of California Burns Paiute Tribe of the Burns Paiute Indian Colony of Oregon Cabazon Band of Cahuilla Mission Indians of the Cabazon Reservation, California Cachil DeHe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California Caddo Indian Tribe of Oklahoma Cahto Indian Tribe of the Laytonville Rancheria, California Cahuilla Band of Mission Indians of the Cahuilla Reservation, California California Valley Miwok Tribe, California (formerly the Sheep Ranch Rancheria of Me-Wuk Indians of California) Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California Capitan Grande Band of Diegueno Mission Indians of California Barona Group of Capitan Grande Band of Mission Indians of the Barona Reservation, California Viejas (Baron Long) Group of Capitan Grande Band of Mission Indians of the Viejas Reservation, California Catawba Indian Nation (aka Catawba Tribe of South Carolina) Cayuga Nation of New York Cedarville Rancheria, California Chemehuevi Indian Tribe of the Chemehuevi Reservation, California Cher-Ae Heights Indian Community of the Trinidad Rancheria, California Cherokee Nation, Oklahoma Cheyenne-Arapaho Tribes of Oklahoma Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota Chickasaw Nation, Oklahoma Chicken Ranch Rancheria of Me-Wuk Indians of California Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana Chitimacha Tribe of Louisiana Choctaw Nation of Oklahoma Citizen Potawatomi Nation, Oklahoma Cloverdale Rancheria of Pomo Indians of California Cocopah Tribe of Arizona Coeur D'Alene Tribe of the Coeur D'Alene Reservation, Idaho Cold Springs Rancheria of Mono Indians of California Colorado River Indian Tribes of the Colorado River Indian Reservation, Arizona and California Comanche Nation, Oklahoma (formerly the Comanche Indian Tribe) Confederated Salish & Kootenai Tribes of the Flathead Reservation, Montana Confederated Tribes of the Chehalis Reservation, Washington Confederated Tribes of the Colville Reservation, Washington Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians of Oregon Confederated Tribes of the Goshute Reservation, Nevada and Utah Confederated Tribes of the Grand Ronde Community of Oregon Confederated Tribes of the Siletz Reservation, Oregon Confederated Tribes of the Umatilla Reservation, Oregon Confederated Tribes of the Warm Springs Reservation of Oregon Confederated Tribes and Bands of the Yakama Nation, Washington, (formerly the Confederated Tribes and Bands of the Yakama Indian Nation of the Yakama Reservation) Coquille Tribe of Oregon Cortina Indian Rancheria of Wintun Indians of California Coushatta Tribe of Louisiana Cow Creek Band of Umpqua Indians of Oregon Cowlitz Indian Tribe, Washington <!-- PageFooter="October 21, 2002" --> <!-- PageBreak --> Coyote Valley Band of Pomo Indians of California Gila River Indian Community of the Gila River Indian Reservation, Arizona Kalispel Indian Community of the Kalispel Reservation, Washington Crow Tribe of Montana Grand Traverse Band of Ottawa and Karuk Tribe of California Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota Chippewa Indians, Michigan (previously listed as the Grand Traverse Band of Ottawa & Chippewa Indians of Kashia Band of Pomo Indians of the Stewarts Point Rancheria, California Cuyapaipe Community of Diegueno Michigan) Kaw Nation, Oklahoma Mission Indians of the Cuyapaipe Reservation, California Graton Rancheria, California Keweenaw Bay Indian Community, Michigan (previously listed as the Keweenaw Bay Indian Community of L'Anse and Ontonagon Bands of Greenville Rancheria of Maidu Indians of California Death Valley Timbi-Sha Shoshone Band of California Grindstone Indian Rancheria of Wintun- Wailaki Indians of California Chippewa Indians of the L'Anse Reservation, Michigan) Delaware Nation, Oklahoma (formerly the Delaware Tribe of Western Oklahoma) Delaware Tribe of Indians, Oklahoma Guidiville Rancheria of California Hannahville Indian Community, Kialegee Tribal Town, Oklahoma Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas Dry Creek Rancheria of Pomo Indians of California Michigan (previously listed as the Hannahville Indian Community of Duckwater Shoshone Tribe of the Duckwater Reservation, Nevada Wisconsin Potawatomi Indians of Michigan) Kickapoo Tribe of Oklahoma Kickapoo Traditional Tribe of Texas Eastern Band of Cherokee Indians of North Carolina Havasupai Tribe of the Havasupai Reservation, Arizona Kiowa Indian Tribe of Oklahoma Klamath Indian Tribe of Oregon Eastern Shawnee Tribe of Oklahoma Ho-Chunk Nation of Wisconsin (formerly the Wisconsin Winnebago Tribe) Kootenai Tribe of Idaho Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California Elk Valley Rancheria, California Hoh Indian Tribe of the Hoh Indian Reservation, Washington Hoopa Valley Tribe, California La Jolla Band of Luiseno Mission Indians of the La Jolla Reservation, California Ely Shoshone Tribe of Nevada La Posta Band of Diegueno Mission Indians of the La Posta Indian Reservation, California Enterprise Rancheria of Maidu Indians of California Hopi Tribe of Arizona Hopland Band of Pomo Indians of the Hopland Rancheria, California Flandreau Santee Sioux Tribe of South Dakota Houlton Band of Maliseet Indians of Maine Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Forest County Potawatomi Community, Wisconsin (previously listed as the Hualapai Indian Tribe of the Hualapai Indian Reservation, Arizona Wisconsin (previously listed as the Lac Courte Oreilles Band of Lake Superior Forest County Potawatomi Community of Wisconsin Potawatomi Indians, Wisconsin) Huron Potawatomi, Inc., Michigan Inaja Band of Diegueno Mission Indians of the Inaja and Cosmit Reservation, California Ione Band of Miwok Indians of California Chippewa Indians of the Lac Courte Oreilles Reservation of Wisconsin) Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin Fort Belknap Indian Community of the Fort Belknap Reservation of Montana Fort Bidwell Indian Community of the Fort Lac Vieux Desert Band of Lake Superior Chippewa Indians, Michigan (previously listed as the Lac Vieux Desert Band of Lake Superior Chippewa Indians of Michigan) Bidwell Reservation of California Iowa Tribe of Kansas and Nebraska Iowa Tribe of Oklahoma Jackson Rancheria of Me-Wuk Indians of California Fort Independence Indian Community of Paiute Indians of the Fort Independence Reservation, California Fort McDermitt Paiute and Shoshone Tribes of the Fort McDermitt Indian Reservation, Nevada and Oregon Jamestown S'Klallam Tribe of Washington Las Vegas Tribe of Paiute Indians of the Las Vegas Indian Colony, Nevada Little River Band of Ottawa Indians, Fort McDowell Yavapai Nation, Arizona (formerly the Fort McDowell Mohave- Apache Community of the Fort McDowell Indian Reservation) Jamul Indian Village of California Jena Band of Choctaw Indians, Louisiana Jicarilla Apache Nation, New Mexico (formerly the Jicarilla Apache Tribe of the Jicarilla Apache Indian Reservation) Kaibab Band of Paiute Indians of the Kaibab Indian Reservation, Arizona Michigan (previously listed as the Little River Band of Ottawa Indians of Michigan) Little Traverse Bay Bands of Odawa Indians, Michigan (previously listed as the Little Traverse Bay Bands of Odawa Indians of Michigan) Fort Mojave Indian Tribe of Arizona, California and Nevada Fort Sill Apache Tribe of Oklahoma <!-- PageFooter="October 21, 2002" --> <!-- PageFooter="2002-42 I.R.B." --> <!-- PageBreak --> Los Coyotes Band of Cahuilla Mission Indians of the Los Coyotes Reservation, California Moapa Band of Paiute Indians of the Moapa River Indian Reservation, Nevada Modoc Tribe of Oklahoma Paiute-Shoshone Indians of the Lone Pine Community of the Lone Pine Reservation, California Lovelock Paiute Tribe of the Lovelock Indian Colony, Nevada Mohegan Indian Tribe of Connecticut Mooretown Rancheria of Maidu Indians of Pala Band of Luiseno Mission Indians of the Pala Reservation, California Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota California Morongo Band of Cahuilla Mission Pascua Yaqui Tribe of Arizona Paskenta Band of Nomlaki Indians of Lower Elwha Tribal Community of the Lower Elwha Reservation, Washington Indians of the Morongo Reservation, California California Passamaquoddy Tribe of Maine Lower Lake Rancheria, California Lower Sioux Indian Community in the State of Minnesota (previously listed as the Lower Sioux Indian Community of Minnesota Mdewakanton Sioux Indians of the Lower Sioux Reservation in Minnesota) Muckleshoot Indian Tribe of the Muckleshoot Reservation, Washington Muscogee (Creek) Nation, Oklahoma Narragansett Indian Tribe of Rhode Island Pauma Band of Luiseno Mission Indians of the Pauma and Yuima Reservation, California Pawnee Nation of Oklahoma Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation, California Navajo Nation, Arizona, New Mexico and Utah Lummi Tribe of the Lummi Reservation, Washington Penobscot Tribe of Maine Nez Perce Tribe of Idaho Peoria Tribe of Indians of Oklahoma Lytton Rancheria of California Makah Indian Tribe of the Makah Indian Nisqually Indian Tribe of the Nisqually Reservation, Washington Picayune Rancheria of Chukchansi Indians of California Reservation, Washington Nooksack Indian Tribe of Washington Northern Cheyenne Tribe of the Northern Pinoleville Rancheria of Pomo Indians of California Manchester Band of Pomo Indians of the Manchester-Point Arena Rancheria, California Cheyenne Indian Reservation, Montana Northfork Rancheria of Mono Indians of California Pit River Tribe, California (includes Big Bend, Lookout, Montgomery Creek & Roaring Creek Rancherias & XL Ranch) Manzanita Band of Diegueno Mission Indians of the Manzanita Reservation, California Northwestern Band of Shoshoni Nation of Utah (Washakie) Poarch Band of Creek Indians of Alabama Pokagon Band of Potawatomi Indians, Mashantucket Pequot Tribe of Connecticut Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota Michigan and Indiana (previously listed as the Pokagon Band of Potawatomi Indians of Michigan) Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan Omaha Tribe of Nebraska Oneida Nation of New York Ponca Tribe of Indians of Oklahoma Ponca Tribe of Nebraska Mechoopda Indian Tribe of Chico Rancheria, California Oneida Tribe of Indians of Wisconsin (previously listed as the Oneida Tribe of Wisconsin) Port Gamble Indian Community of the Port Gamble Reservation, Washington Potter Valley Rancheria of Pomo Indians of California Menominee Indian Tribe of Wisconsin Mesa Grande Band of Diegueno Mission Indians of the Mesa Grande Onondaga Nation of New York Reservation, California Osage Tribe, Oklahoma Ottawa Tribe of Oklahoma Prairie Band of Potawatomi Nation, Kansas (formerly the Prairie Band of Potawatomi Indians) Mescalero Apache Tribe of the Mescalero Reservation, New Mexico Otoe-Missouria Tribe of Indians, Oklahoma Miami Tribe of Oklahoma Prairie Island Indian Community in the State of Minnesota (previously listed as the Prairie Island Indian Community of Minnesota Mdewakanton Sioux Indians of the Prairie Island Reservation, Minnesota) Pueblo of Acoma, New Mexico Miccosukee Tribe of Indians of Florida Paiute Indian Tribe of Utah (Cedar City Band of Paiutes, Kanosh Band of Paiutes, Koosharem Band of Paiutes, Indian Peaks Band of Paiutes, and Shivwits Band of Paiutes) Middletown Rancheria of Pomo Indians of California Minnesota Chippewa Tribe, Minnesota (Six component reservations: Bois Forte Band (Nett Lake); Fond du Lac Band; Grand Portage Band; Leech Lake Band; Mille Lacs Band; White Earth Band) Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony, California Pueblo of Cochiti, New Mexico Pueblo of Isleta, New Mexico Mississippi Band of Choctaw Indians, Mississippi Paiute-Shoshone Tribe of the Fallon Reservation and Colony, Nevada Pueblo of Jemez, New Mexico Pueblo of Laguna, New Mexico <!-- PageFooter="2002-42 I.R.B." --> <!-- PageFooter="October 21, 2002" --> <!-- PageBreak --> Pueblo of Nambe, New Mexico Pueblo of Picuris, New Mexico Pueblo of Pojoaque, New Mexico Pueblo of San Felipe, New Mexico Pueblo of San Juan, New Mexico Pueblo of San Ildefonso, New Mexico Pueblo of Sandia, New Mexico Pueblo of Santa Ana, New Mexico Pueblo of Santa Clara, New Mexico Pueblo of Santo Domingo, New Mexico Pueblo of Taos, New Mexico Pueblo of Tesuque, New Mexico Pueblo of Zia, New Mexico Puyallup Tribe of the Puyallup Reservation, Washington Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada Quapaw Tribe of Indians, Oklahoma Quartz Valley Indian Community of the Quartz Valley Reservation of California Quechan Tribe of the Fort Yuma Indian Reservation, California and Arizona Quileute Tribe of the Quileute Reservation, Washington Quinault Tribe of the Quinault Reservation, Washington Ramona Band or Village of Cahuilla Mission Indians of California Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Red Lake Band of Chippewa Indians, Minnesota (previously listed as the Red Lake Band of Chippewa Indians of the Red Lake Reservation, Minnesota) Redding Rancheria, California Redwood Valley Rancheria of Pomo Indians of California Reno-Sparks Indian Colony, Nevada Resighini Rancheria, California (formerly the Coast Indian Community of Yurok Indians of the Resighini Rancheria) Rincon Band of Luiseno Mission Indians of the Rincon Reservation, California Robinson Rancheria of Pomo Indians of California Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota Round Valley Indian Tribes of the Round Valley Reservation, California (formerly the Covelo Indian Community) Rumsey Indian Rancheria of Wintun Indians of California Sac and Fox Tribe of the Mississippi in Iowa Sac and Fox Nation of Missouri in Kansas and Nebraska Sac and Fox Nation, Oklahoma Saginaw Chippewa Indian Tribe of Michigan (previously listed as the Saginaw Chippewa Indian Tribe of Michigan, Isabella Reservation) St. Croix Chippewa Indians of Wisconsin (previously listed as the St. Croix Chippewa Indians of Wisconsin, St. Croix Reservation) St. Regis Band of Mohawk Indians of New York Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona Samish Indian Tribe, Washington San Carlos Apache Tribe of the San Carlos Reservation, Arizona San Juan Southern Paiute Tribe of Arizona San Manuel Band of Serrano Mission Indians of the San Manuel Reservation, California San Pasqual Band of Diegueno Mission Indians of California Santa Rosa Indian Community of the Santa Rosa Rancheria, California Santa Rosa Band of Cahuilla Mission Indians of the Santa Rosa Reservation, California Santa Ynez Band of Chumash Mission Indians of the Santa Ynez Reservation, California Santa Ysabel Band of Diegueno Mission Indians of the Santa Ysabel Reservation, California Santee Sioux Tribe of the Santee Reservation of Nebraska Sauk-Suiattle Indian Tribe of Washington Sault Ste. Marie Tribe of Chippewa Indians of Michigan Scotts Valley Band of Pomo Indians of California Seminole Nation of Oklahoma Seminole Tribe of Florida, Dania, Big Cypress, Brighton, Hollywood and Tampa Reservations Seneca Nation of New York Seneca-Cayuga Tribe of Oklahoma Shakopee Mdewakanton Sioux Community of Minnesota (previously listed as the Shakopee Mdewakanton Sioux Community of Minnesota (Prior Lake)) Shawnee Tribe, Oklahoma Sherwood Valley Rancheria of Pomo Indians of California Shingle Springs Band of Miwok Indians, Shingle Springs Rancheria (Verona Tract), California Shoalwater Bay Tribe of the Shoalwater Bay Indian Reservation, Washington Shoshone Tribe of the Wind River Reservation, Wyoming Shoshone-Bannock Tribes of the Fort Hall Reservation of Idaho Shoshone-Paiute Tribes of the Duck Valley Reservation, Nevada Sisseton-Wahpeton Sioux Tribe of the Lake Traverse Reservation, South Dakota Skokomish Indian Tribe of the Skokomish Reservation, Washington Skull Valley Band of Goshute Indians of Utah Smith River Rancheria, California Snoqualmie Tribe, Washington Soboba Band of Luiseno Indians, California (formerly the Soboba Band of Luiseno Mission Indians of the Soboba Reservation) Sokaogon Chippewa Community, Wisconsin (previously listed as the Sokaogon Chippewa Community of the Mole Lake Band of Chippewa Indians, Wisconsin) Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado Spirit Lake Tribe, North Dakota Spokane Tribe of the Spokane Reservation, Washington Squaxin Island Tribe of the Squaxin Island Reservation, Washington October 21, 2002 <!-- PageFooter="2002-42 I.R.B." --> <!-- PageBreak --> Standing Rock Sioux Tribe of North and South Dakota United Keetoowah Band of Cherokee Indians in Oklahoma (previously listed as the United Keetoowah Band of Cherokee Indians of Oklahoma) Upper Lake Band of Pomo Indians of Upper Lake Rancheria of California Agdaagux Tribe of King Cove Akhiok, Native Village of Akhiok Stockbridge Munsee Community, Akiachak Native Community Akiak Native Community Wisconsin (previously listed as the Stockbridge-Munsee Community of Mohican Indians of Wisconsin) Akutan, Native Village of Akutan Stillaguamish Tribe of Washington Upper Sioux Community, Minnesota (pre- viously listed as the Upper Sioux Alakanuk, Village of Alakanuk Alatna Village Summit Lake Paiute Tribe of Nevada Suquamish Indian Tribe of the Port Indian Community of the Upper Sioux Reservation, Minnesota) Upper Skagit Indian Tribe of Washington Ute Indian Tribe of the Uintah and Ouray Reservation, Utah Aleknagik, Native Village of Aleknagik Madison Reservation, Washington Algaaciq Native Village of Algaaciq (St. Mary's) Susanville Indian Rancheria, California Swinomish Indians of the Swinomish Allakaket Village Reservation, Washington Ute Mountain Tribe of the Ute Mountain Reservation, Colorado, New Mexico and Utah Ambler, Native Village of Ambler Sycuan Band of Diegueno Mission Indians of California Anaktuvuk Pass, Village of Anaktuvuk Pass Andreafski, Yupiit of Andreafski Table Bluff Reservation-Wiyot Tribe, California Utu Utu Gwaitu Paiute Tribe of the Benton Paiute Reservation, California Angoon Community Association Aniak, Village of Aniak Table Mountain Rancheria of California Te-Moak Tribes of Western Shoshone Walker River Paiute Tribe of the Walker River Reservation, Nevada Anvik Village Indians of Nevada (Four constituent bands: Battle Mountain Band; Elko Band; South Fork Band; and Wells Colony Band) Wampanoag Tribe of Gay Head (Aquinnah) of Massachusetts Washoe Tribe of Nevada & California (Carson Colony, Dresslerville Colony, Arctic Village (See Venetie, Native Village of Venetie Tribal Government) Asa'carsarmiut Tribe (formerly the Native Village of Mountain Village) Thlopthlocco Tribal Town, Oklahoma Woodfords Community, Stewart Community, & Washoe Ranches) Atka, Native Village of Atka Three Affiliated Tribes of the Fort Atmautluak, Village of Atmautluak Berthold Reservation, North Dakota White Mountain Apache Tribe of the Fort Apache Reservation, Arizona Atqasuk Village (Atkasook) Tohono O'odham Nation of Arizona Barrow, Native Village of Barrow Inupiat Traditional Government Beaver Village Tonawanda Band of Seneca Indians of New York Wichita and Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), Oklahoma Tonkawa Tribe of Indians of Oklahoma Tonto Apache Tribe of Arizona Torres-Martinez Band of Cahuilla Winnebago Tribe of Nebraska Winnemucca Indian Colony of Nevada Wyandotte Tribe of Oklahoma Belkofski, Native Village of Belkofski Bill Moore's Slough, Village of Bill Moore's Slough Mission Indians of California Yankton Sioux Tribe of South Dakota Birch Creek Tribe Tulalip Tribes of the Tulalip Reservation, Washington Yavapai-Apache Nation of the Camp Verde Indian Reservation, Arizona Brevig Mission, Native Village of Brevig Mission Tule River Indian Tribe of the Tule River Reservation, California Yavapai-Prescott Tribe of the Yavapai Reservation, Arizona Buckland, Native Village of Buckland Cantwell, Native Village of Cantwell Tunica-Biloxi Indian Tribe of Louisiana Yerington Paiute Tribe of the Yerington Colony and Campbell Ranch, Nevada Chanega, Native Village of Chanega Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria of California Yomba Shoshone Tribe of the Yomba Reservation, Nevada (aka Chenega) Chalkyitsik Village Turtle Mountain Band of Chippewa Indians of North Dakota Ysleta Del Sur Pueblo of Texas Cheesh-Na Tribe (formerly the Native Village of Chistochina) Tuscarora Nation of New York Yurok Tribe of the Yurok Reservation, California Chefornak, Village of Chefornak Twenty-Nine Palms Band of Mission Indians of California (previously listed as Zuni tribe of the Zuni Reservation, New Mexico Chevak Native Village Chickaloon Native Village the Twenty-Nine Palms Band of Luiseno Mission Indians of California) ALASKA NATIVE ENTITIES Afognak, Village of Afognak Chignik, Native Village of Chignik United Auburn Indian Community of the Auburn Rancheria of California Chignik Lagoon, Native Village of Chignik Lagoon 2002-42 I.R.B. 722 October 21, 2002 <!-- PageBreak --> Chignik Lake Village Healy Lake Village Kwinhagak, Native Village of Chilkat Indian Village (Klukwan) Holy Cross Village Kwinhagak (aka Quinhagak) Chilkoot Indian Association (Haines) Hoonah Indian Association Larsen Bay, Native Village of Larsen Bay Chinik Eskimo Community (Golovin) Hooper Bay, Native Village of Hooper Bay Levelock Village Chitina, Native Village of Chitina Hughes Village Lesnoi Village (aka Woody Island) Chuathbaluk, Native Village of Huslia Village Lime Village Chuathbaluk (Russian Mission, Kuskokwim) Hydaburg Cooperative Association Igiugig Village Lower Kalskag, Village of Lower Kalskag Chuloonawick Native Village Manley Hot Springs Village Circle Native Community Iliamna, Village of Iliamna Inupiat Community of the Arctic Slope Iqurmuit Traditional Council (formerly Native Village of Russian Mission) Ivanoff Bay Village Manokotak Village Clarks Point, Village of Clarks Point (previously listed as the Village of Clark's Point) Marshall, Native Village of Marshall (aka Fortuna Ledge) Mary's Igloo, Native Village of Mary's Igloo Council, Native Village of Council Craig Community Association Kaguyak Village McGrath Native Village Crooked Creek, Village of Crooked Creek Kake, Organized Village of Kake Mekoryuk, Native Village of Mekoryuk Curyung Tribal Council (formerly Native Village of Dillingham) Kaktovik Village (aka Barter Island) Kalskag, Village of Kalskag Mentasta Traditional Council (formerly Mentasta Lake Village) Deering, Native Village of Deering Kaltag, Village of Kaltag Kanatak, Native Village of Kanatak Metlakatla Indian Community, Annette Island Reserve Diomede, Native Village of Diomede (aka Inalik) Karluk, Native Village of Karluk Minto, Native Village of Minto Dot Lake, Village of Dot Lake Kasaan, Organized Village of Kasaan Naknek Native Village Douglas Indian Association Kasigluk, Native Village of Kasigluk Nanwalek, Native Village of Nanwalek (aka English Bay) Eagle, Native Village of Eagle Kenaitze Indian Tribe Eek, Native Village of Eek Ketchikan Indian Corporation Napaimute, Native Village of Napaimute Egegik Village Kiana, Native Village of Kiana Napakiak, Native Village of Napakiak Eklutna Native Village King Island Native Community Napaskiak, Native Village Napaskiak Ekuk, Native Village of Ekuk King Salmon Tribe Nelson Lagoon, Native Village of Nelson Lagoon Ekwok Village Kipnuk, Native Village of Kipnuk Nenana Native Association Elim, Native Village of Elim Kivalina, Native Village of Kivalina New Koliganek Village Council (formerly Emmonak Village Klawock Cooperative Association the Koliganek Village) Evansville Village (aka Bettles Field) Kluti Kaah, Native Village of Kluti Kaah (aka Copper Center) New Stuyahok Village Eyak, Native Village of Eyak (Cordova) Newhalen Village False Pass, Native Village of False Pass Knik Tribe Newtok Village Fort Yukon, Native Village of Fort Yukon Kobuk, Native Village of Kobuk Nightmute, Native Village of Nightmute Gakona, Native Village of Gakona Kokhanok Village Nikolai Village Galena Village (aka Louden Village) Kongiganak, Native Village of Kongiganak Kotlik, Village of Kotlik Kotzebue, Native Village of Kotzebue Koyuk, Native Village of Koyuk Nikolski, Native Village of Nikolski Gambell, Native Village of Gambell Georgetown, Native Village of Ninilchik Village Georgetown Noatak, Native Village of Noatak Goodnews Bay, Native Village of Nome Eskimo Community Goodnews Bay Koyukuk Native Village Nondalton Village Grayling, Organized Village of Grayling (aka Holikachuk) Kwethluk, Organized Village of Kwethluk Noorvik Native Community Northway Village Gulkana Village Kwigillingok, Native Village of Kwigillingok Nuiqsut, Native Village of Nuiqsut (aka Nooiksut) Hamilton, Native Village of Hamilton <!-- PageFooter="October 21, 2002" --> <!-- PageFooter="2002-42 I.R.B." --> <!-- PageBreak --> Nulato Village Selawik, Native Village of Selawik Seldovia Village Tribe White Mountain, Native Village of White Mountain. Nunakauyarmiut Tribe (formerly the Native Village of Toksook Bay) Shageluk Native Village Wrangell Cooperative Association Nunapitchuk, Native Village of Nunapitchuk Shaktoolik, Native Village of Shaktoolik Yakutat Tlingit Tribe Ohogamiut, Village of Ohogamiut Old Harbor, Village of Old Harbor Sheldon's Point, Native Village of Sheldon's Point SECTION 4. EFFECT ON OTHER DOCUMENTS Orutsararmuit Native Village (aka Bethel) Shishmaref, Native Village of Shishmaref .01 Rev. Proc. 2001-15, 2001-1 C.B. Oscarville Traditional Village Shoonaq' Tribe of Kodiak 465 is superseded. Letter rulings received Ouzinkie, Native Village of Ouzinkie Shungnak, Native Village of Shungnak by Indian tribal governments prior to the effective date below are not affected by this Paimiut, Native Village of Paimiut Sitka Tribe of Alaska revenue procedure. Pauloff Harbor Village Skagway Village SECTION 5. EFFECTIVE DATE Pedro Bay Village Sleetmute, Village of Sleetmute Perryville, Native Village of Perryville Solomon, Village of Solomon .01 This revenue procedure is effec- tive as of October 21, 2002. Petersburg Indian Association South Naknek Village Pilot Point, Native Village of Pilot Point Stebbins Community Association SECTION 6. DRAFTING INFORMATION Pilot Station Traditional Village Stevens, Native Village of Stevens Pitka's Point, Native Village of Pitka's Point Stony River, Village of Stony River The principal author of this revenue pro- cedure is Carol Cook of the Office of Di- Platinum Traditional Village Takotna Village vision Counsel/Associate Chief Counsel Point Hope, Native Village of Point Hope Tanacross, Native Village of Tanacross (Tax Exempt and Government Entities). For Point Lay, Native Village of Point Lay Tanana, Native Village of Tanana more information concerning this revenue procedure, contact Ms. Cook at (202) 622- Port Graham, Native Village of Port Graham Tatitlek, Native Village of Tatitlek Tazlina, Native Village of Tazlina 6080 (not a toll-free call). Port Heiden, Native Village of Port Heiden Telida Village 26 CFR 601.105: Examination of returns and Port Lions, Native Village of Port Lions Teller, Native Village of Teller claims for refund, credit or abatement; determina- tion of correct tax liability. Portage Creek Village (aka Ohgsenakale) Tetlin, Native Village of Tetlin Pribilof Islands Aleut Communities of St. Paul and St. George Islands Tlingit and Haida, Central Council of the Tlingit and Haida Indian Tribes Rev. Proc. 2002-66 Qagan Tayagungin Tribe of Sand Point Village Togiak, Traditional Village of Togiak Tuluksak Native Community SECTION 1. PURPOSE Qawalangin Tribe of Unalaska Tuntutuliak, Native Village of .01 This revenue procedure updates Rev. Rampart Village Tuntutuliak Proc. 2001-52, 2001-2 C.B. 491, and iden- Red Devil, Village of Red Devil Tununak, Native Village of Tununak tifies circumstances under which the dis- closure on a taxpayer's return of a position Ruby, Native Village of Ruby Twin Hills Village with respect to an item is adequate for the Saint George Island (See Pribilof Islands Aleut Communities of St. Paul and St. George Islands) Tyonek, Native Village of Tyonek Ugashik Village purpose of reducing the understatement of income tax under § 6662(d) of the Inter- nal Revenue Code (relating to the substan- Saint Michael, Native Village of Saint Umkumiute Native Village tial understatement aspect of the accuracy- Michael Unalakleet, Native Village of Unalakleet related penalty), and for the purpose of avoiding the preparer penalty under Saint Paul Island (See Pribilof Islands Aleut Communities of St. Paul and St. George Islands) Unga, Native Village of Unga Village of Venetie (See Native Village of Venetie Tribal Government) § 6694(a) (relating to understatements due to unrealistic positions). This revenue pro- cedure does not apply with respect to any Salamatoff, Village of Salamatoff Venetie, Native Village of Venetie Tribal other penalty provisions (including the neg- Savoonga, Native Village of Savoonga Government (Arctic Village and Village ligence or disregard provisions of the § 6662 Saxman, Organized Village of Saxman of Venetie) accuracy-related penalty). .02 This revenue procedure applies to Scammon Bay, Native Village of Wainwright, Village of Wainwright any return filed on 2002 tax forms for a tax- Scammon Bay Wales, Native Village of Wales able year beginning in 2002, and to any re- 2002-42 I.R.B. 724 October 21, 2002 <!-- PageBreak --> turn filed on 2002 tax forms in 2003 for short taxable years beginning in 2003. SECTION 2. CHANGES FROM REV. PROC. 2001-52 Section 4.01(1)(d), concerning contri- butions on Form 1040, Schedule A, has been revised and editorial changes have been made in updating Rev. Proc. 2001- 52. # SECTION 3. BACKGROUND .01 If § 6662 applies to any portion of an underpayment of tax required to be shown on a return, an amount equal to 20 percent of the portion of the underpay- ment to which the section applies is added to the tax. (The penalty rate is 40 percent in the case of gross valuation misstate- ments under § 6662(h).) Under § 6662(b)(2), § 6662 applies to the portion of an under- payment that is attributable to a substan- tial understatement of income tax. .02 Section 6662(d)(1) provides that there is a substantial understatement of in- come tax if the amount of the understate- ment exceeds the greater of 10 percent of the amount of tax required to be shown on the return for the taxable year or $5,000 ($10,000 in the case of a corporation other than an S corporation or a personal hold- ing company). Section 6662(d)(2) defines an understatement as the excess of the amount of tax required to be shown on the return for the taxable year over the amount of the tax that is shown on the return re- duced by any rebate (within the meaning of § 6211(b)(2)). .03 In the case of an item not attribut- able to a tax shelter, § 6662(d)(2)(B)(ii) pro- vides that the amount of the understatement is reduced by the portion of the understate- ment attributable to any item with respect to which the relevant facts affecting the item's tax treatment are adequately dis- closed on the return or on a statement at- tached to the return, and there is a reasonable basis for the tax treatment of such item by the taxpayer. .04 In general, this revenue procedure provides guidance in determining when dis- closure is adequate for purposes of § 6662(d). For purposes of this revenue pro- cedure, the taxpayer must furnish all re- quired information in accordance with the applicable forms and instructions, and the money amounts entered on these forms must be verifiable. Guidance under § 6662(d) for returns filed for 2001, 2000, and 1999 is provided in Rev. Proc. 2001- 52; Rev. Proc. 2001-11, 2001-1 C.B. 275; and Rev. Proc. 99-41, 1999-2 C.B. 566, re- spectively. ## SECTION 4. PROCEDURE .01 Additional disclosure of facts rel- evant to, or positions taken with respect to, issues involving any of the items set forth below is unnecessary for purposes of re- ducing any understatement of income tax under § 6662(d), provided that the forms and attachments are completed in a clear manner and in accordance with their in- structions. The money amounts entered on the forms must be verifiable, and the in- formation on the return must be disclosed in the manner described below. For pur- poses of this revenue procedure, a num- ber is verifiable if, on audit, the taxpayer can demonstrate the origin of the number (even if that number is not ultimately ac- cepted by the Internal Revenue Service) and the taxpayer can show good faith in enter- ing that number on the applicable form. (1) Form 1040, Schedule A, Itemized Deductions: (a) Medical and Dental Expenses: Com- plete lines 1 through 4, supplying all re- quired information. (b) Taxes: Complete lines 5 through 9, supplying all required information. Line 8 must list each type of tax and the amount paid. (c) Interest Expense: Complete lines 10 through 14, supplying all required infor- mation. This section 4.01(1)(c) does not ap- ply to (I) amounts disallowed under § 163(d) unless Form 4952, Investment In- terest Expense Deduction, is completed, or (ii) amounts disallowed under § 265. (d) Contributions: Complete lines 15 through 18, supplying all required infor- mation. Enter the amount of the gift re- duced by the value of any substantial benefit (goods or services) provided by the do- nee organization in consideration, in whole or in part. Entering the amount of the gift unreduced by the value of the benefit re- ceived will not constitute adequate disclo- sure. If a contribution of $250 or more is made, this section 4.01(1)(d) will not ap- ply unless a contemporaneous written ac- knowledgment, as required by § 170(f)(8), is obtained from the donee organization. If a contribution of property other than cash is made and the amount claimed as a de- duction exceeds $500, attach a properly completed Form 8283, Noncash Chari- table Contributions, to the return. (e) Casualty and Theft Losses: Com- plete Form 4684, Casualties and Thefts, and attach to the return. Each item or article for which a casualty or theft loss is claimed must be listed on Form 4684. (2) Certain Trade or Business Expenses (including, for purposes of this section 4.01(2), the following six expenses as they relate to the rental of property): (a) Casualty and Theft Losses: The pro- cedure outlined in section 4.01(1)(e) above must be followed. (b) Legal Expenses: The amount claimed must be stated. This section 4.01(2)(b) does not apply, however, to amounts properly characterized as capital expenditures, per- sonal expenses, or non-deductible lobby- ing or political expenditures, including amounts that are required to be (or that are) amortized over a period of years. (c) Specific Bad Debt Charge-off: The amount written off must be stated. (d) Reasonableness of Officers' Compensation: Form 1120, Schedule E, Compensation of Officers, must be com- pleted when required by its instructions. The time devoted to business must be expressed as a percentage as opposed to "part" or "as needed." This section 4.01(2)(d) does not apply to "golden parachute" payments, as defined under § 280G. This section 4.01(2)(d) will not apply to the extent that remuneration paid or incurred exceeds the $1 million-employee-remuneration limita- tion, if applicable. (e) Repair Expenses: The amount claimed must be stated. This section 4.01(2)(e) does not apply, however, to any repair expenses properly characterized as capital expenditures or personal expenses. (f) Taxes (other than foreign taxes): The amount claimed must be stated. (3) Form 1120, Schedule M-1, Recon- ciliation of Income (Loss) per Books With Income per Return, provided: (a) The amount of the deviation from the financial books and records is not the re- sult of a computation that includes the net- ting of items; and (b) The information provided reason- ably may be expected to apprise the Inter- nal Revenue Service of the nature of the potential controversy concerning the tax treatment of the item. <!-- PageFooter="October 21, 2002" --> <!-- PageFooter="2002-42 I.R.B." --> <!-- PageBreak --> (4) Foreign Tax Items: (a) International Boycott Transactions: Transactions disclosed on Form 5713, In- ternational Boycott Report. (b) Treaty-Based Return Position: Trans- actions and amounts under § 6114 or § 7701(b) as disclosed on Form 8833, Treaty-Based Return Position Disclosure. (5) Other: (a) Moving Expenses: Complete Form 3903, Moving Expenses, and attach to the return. (b) Employee Business Expenses: Com- plete Form 2106, Employee Business Ex- penses, or Form 2106-EZ, Unreimbursed Employee Business Expenses, and attach to the return. This section 4.01(5)(b) does not apply to club dues, or to travel expenses for any non-employee accompanying the tax- payer on the trip. (c) Fuels Credit: Complete Form 4136, Credit for Federal Tax Paid on Fuels, and attach to the return. (d) Investment Credit: Complete Form 3468, Investment Credit, and attach to the return. # SECTION 5. EFFECTIVE DATE This revenue procedure applies to any return filed on 2002 tax forms for a tax- able year beginning in 2002, and to any re- turn filed on 2002 tax forms in 2003 for short taxable years beginning in 2003. # SECTION 6. DRAFTING INFORMATION The principal author of this revenue pro- cedure is John Moran of the Office of As- sociate Chief Counsel, Procedure & Administration (Administrative Provisions & Judicial Practice Division). For further information regarding this revenue proce- dure, contact Branch 2 of the Administra- tive Provisions & Judicial Practice Division at (202) 622-4940 (not a toll-free call). <!-- PageFooter="2002-42 I.R.B." --> <!-- PageFooter="October 21, 2002" --> <!-- PageBreak --> ## Part IV. Items of General Interest Exclusions From Gross Income of Foreign Corporations; Correction ### Announcement 2002-94 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Corrections to notice of proposed rulemaking and notice of public hearing. SUMMARY: This document contains cor- rections to a notice of proposed rulemak- ing and notice of public hearing (REG- 136311-01, 2002-36 I.R.B. 485 [67 FR 50510]) that was published in the Fed- eral Register on Friday, August 2, 2002, relating to exclusions from gross income of foreign corporations. FOR FURTHER INFORMATION CONTACT: Patricia Bray (202) 622-3880 (not a toll-free number). SUPPLEMENTARY INFORMATION: #### Background The notice of proposed rulemaking and notice of public hearing that is subject to these corrections is under section 883 of the Internal Revenue Code. #### Need for Correction As published the notice of proposed rule- making and notice of public hearing con- tains errors that may prove to be misleading and are in need of clarification. #### Correction of Publication Accordingly, the publication of the no- tice of proposed rulemaking and notice of public hearing (REG-208280-86; REG- 136311-01), which was the subject of FR Doc. 02-19127, is corrected as follows: 1\. On page 50510, column 1, line 5 of the heading, the numbers "RIN 1545-AJ57; RIN 1545-BA07" is corrected to read "RIN 1545-AJ57; RIN 1545-BB30". 2\. On page 50512, column 2, in the pre- amble under the paragraph heading "ii. Space or slot charters.", first full para- graph, line 8 from the bottom of the para- graph, the language "is incidental to the operation ships or" is corrected to read "is incidental to the operation of ships or". 3\. On page 50515, column 3, in the pre- amble under the heading "C. Comments Re- lating to § 1.883-2: Treatment of Publicly- Traded Corporations", second paragraph, line 2 from the bottom of the paragraph, the language "aggregate 50 percent of more of the" is corrected to read "aggregate 50 per- cent or more of the". 4\. On page 50518, column 2, in the pre- amble under the paragraph heading "3. Cer- tain limitation on benefits article restrictions in income tax conventions applied to share- holders.", line 3 from the top of the col- umn, the language "limitation of benefits article of the treaty" is corrected to read "limitation on benefits article of the treaty". ##### § 1.883-1 [Corrected] 5\. On page 50521, column 2, § 1.883- 1(c)(3)(ii), line 6, the language "under § 1.883-2(f), 1.882-3(d) or 1.883-" is cor- rected to read "under §§ 1.883-2(f), 1.883- 3(d) or 1.883-". 6\. On page 50525, column 2, § 1.883- 1(h)(2), lines 5, 6 and 7, from the top of the column, the language "each category of income listed in (i) through (viii) of this sec- tion paragraph (h)(2)" is corrected to read "each category of income listed in para- graphs (h)(2)(I) through (viii) of this sec- tion". ##### § 1.883-2 [Corrected] 7\. On page 50528, column 2, § 1.883- 2(f)(2), line 3, the language "that the stock is listed;" is corrected to read "the stock is listed;". ###### § 1.883-4 [Corrected] 8\. On page 50533, column 1, § 1.883- 4(d)(3)(ii), lines 3 and 4, the language "re- quirements of paragraphs (d)(3)(ii)(A) and (B) are satisfied. If the widely-held" is cor- rected to read "requirements of paragraphs (d)(3)(ii)(A) and (B) of this section are sat- isfied. If the widely-held". 9\. On page 50534, column 2, § 1.883- 4(d)(4)(iii)(B), line 3, the language "that the stock is listed;" is corrected to read "the stock is listed;". 10\. On page 50534, column 3, § 1.883- 4(d)(4)(iv)(B), line 3, the language "this sec- tion (as if it the language applied" is corrected to read "this section (as if the lan- guage applied". Cynthia E. Grigsby, Chief, Regulations Unit, Associate Chief Counsel (Income Tax & Accounting). (Filed by the Office of the Federal Register on September 13, 2002, 8:45 a.m., and published in the issue of the Federal Reg- ister for September 16, 2002, 67 F.R. 58346) Excise Taxes; Definition of Highway Vehicle; Hearing ## Announcement 2002-95 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of public hearing on proposed rulemaking. SUMMARY: This document contains a no- tice of public hearing on proposed regula- tions (REG-103829-99, 2002-27 I.R.B. 59) relating to the definition of a highway ve- hicle for purposes of various excise taxes. DATES: The public hearing is being held on February 27, 2003, at 10 a.m. The IRS must receive written or electronic outlines of the topics to be discussed at the hearing by February 6, 2003. ADDRESSES: The public hearing is being held in Room 4718, Internal Revenue Building, 1111 Constitution Avenue NW, Washington, DC. Due to building security procedures, visitors must enter at the Constitution Avenue entrance. In addition, all visitors must present photo identification to enter the building. Mail outlines to: CC:ITA:RU (REG- 103829-99), room 5226, Internal Rev- enue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. Hand de- liver outlines Monday through Friday be- tween the hours of 8 a.m. and 5 p.m. to: CC:ITA:RU (REG-103829-99), Couri- er's Desk, Internal Revenue Service, 1111 Constitution Avenue, NW, Washington, DC. <!-- PageFooter="2002-42 I.R.B." --> <!-- PageFooter="October 21, 2002" --> <!-- PageBreak --> Submit electronic outlines of oral com- ments to the IRS Internet site at www.irs.gov/regs. FOR FURTHER INFORMATION CONTACT: Concerning submissions of comments, the hearing, and/or to be placed on the building access list to attend the hearing Treena Garrett, (202) 622-7180 (not a toll-free number). SUPPLEMENTARY INFORMATION: The subject of the public hearing is the notice of proposed regulations (REG- 103829-99) that was published in the Fed- eral Register on June 6, 2002 (67 FR 38913). The rules of 26 CFR 601.601(a)(3) ap- ply to the hearing. Persons who have sub- mitted written comments and wish to present oral comments at the hearing must submit an outline of the topics to be dis- cussed and the amount of time to be de- voted to each topic (signed original and eight (8) copies) by February 6, 2003. A period of 10 minutes is allotted to each person for presenting oral comments. Af- ter the deadline for receiving outlines has passed, the IRS will prepare an agenda con- taining the schedule of speakers. Copies of the agenda will be made available, free of charge, at the hearing. Because of access restrictions, the IRS will not admit visi- tors 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 document. Cynthia E. Grigsby, Chief, Regulations Unit, Associate Chief Counsel (Income Tax and Accounting). (Filed by the Office of the Federal Register on September 13, 2002, 8:45 a.m., and published in the issue of the Federal Reg- ister for September 16, 2002, 67 F.R. 58346) <!-- PageFooter="2002-42 I.R.B." --> <!-- PageFooter="October 21, 2002" --> <!-- PageBreak --> # 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 effect: Amplified describes a situation where no change is being made in a prior pub- lished position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. Thus, if an earlier ruling held that a principle applied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below). Clarified is used in those instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confu- sion. It is not used where a position in a prior ruling is being changed. Distinguished describes a situation where a ruling mentions a previously published ruling and points out an essen- tial difference between them. Modified is 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 pub- lished position. (Compare with amplified and clarified, above). Obsoleted describes 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 rulings that are obsoleted because of changes in law or regulations. A ruling may also be obsoleted because the sub- stance has been included in regulations subsequently adopted. Revoked describes situations where the position in the previously published rul- ing is not correct and the correct position is being stated in the new ruling. Superseded describes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new ruling does more than restate the substance of a prior ruling, a combination of terms is used. For example, modified and superseded describes a situation where the substance of a previously pub- lished 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 published ruling is first modified and then, as modified, is super- seded. Supplemented is 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 ruling has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the additions, and supersedes all prior rul- ings in the series. Suspended is 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 following abbreviations in current use and formerly used will appear in material published in the Bulletin. A-Individual. Acq .- Acquiescence. B-Individual. BE-Beneficiary. FPH Foreign Personal Holding Company. F.R .- Federal Register. FUTA-Federal Unemployment Tax Act. FX-Foreign Corporation. G.C.M .- Chief Counsel's Memorandum. GE-Grantee. GP-General Partner. GR-Grantor. IC-Insurance Company. I.R.B .- Internal Revenue Bulletin. D-Decedent. LE-Lessee. DC-Dummy Corporation. LP-Limited Partner. LR-Lessor. M-Minor. Nonacq .- Nonacquiescence. X-Corporation. O Organization. P-Parent Corporation. PHC-Personal Holding Company. PO-Possession of the U.S. PR-Partner. PRS Partnership. PTE-Prohibited Transaction Exemption. Pub. L .- Public Law. REIT-Real Estate Investment Trust. Rev. Proc .- Revenue Procedure. Rev. Rul .- Revenue Ruling. S Subsidiary. S.P.R .- Statements of Procedural Rules. Stat .- Statutes at Large. T-Target Corporation. T.C .- Tax Court. T.D .- Treasury Decision. TFE-Transferee. TFR-Transferor. T.I.R .- Technical Information Release. TP-Taxpayer. TR-Trust. DE-Donee. Del. Order-Delegation Order. DISC-Domestic International Sales Corporation. DR-Donor. E-Estate. EE-Employee. E.O .- Executive Order. ER-Employer. ERISA-Employee Retirement Income Security Act. EX-Executor. F-Fiduciary. FC-Foreign Country. FICA-Federal Insurance Contributions Act. FISC-Foreign International Sales Company. BK-Bank. B.T.A .- Board of Tax Appeals. C-Individual. C.B .- Cumulative Bulletin. CFR-Code of Federal Regulations. CI-City. COOP-Cooperative. Ct.D .- Court Decision. CY-County. TT-Trustee. U.S.C .- United States Code. Y-Corporation. Z-Corporation. <!-- PageFooter="October 21, 2002" --> <!-- PageFooter="2002-42 I.R.B." --> <!-- PageBreak --> Numerical Finding List1 Notices-Continued: Revenue Rulings-Continued: Bulletin 2002-26 through 2002-41 2002-60, 2002-36 I.R.B. 482 2002-42, 2002-28 I.R.B. 76 2002-61, 2002-38 I.R.B. 563 2002-43, 2002-28 I.R.B. 85 Announcements: 2002-62, 2002-39 I.R.B. 574 2002-44, 2002-28 I.R.B. 84 2002-63, 2002-40 I.R.B. 644 2002-45, 2002-29 I.R.B. 116 2002-59, 2002-26 I.R.B. 28 2002-64, 2002-41 I.R.B. 690 2002-46, 2002-29 I.R.B. 117 2002-60, 2002-26 I.R.B. 28 2002-65, 2002-41 I.R.B. 690 2002-47, 2002-29 I.R.B. 119 2002-61, 2002-27 I.R.B. 72 2002-48, 2002-31 I.R.B. 239 2002-62, 2002-27 I.R.B. 72 Proposed Regulations: 2002-49, 2002-32 I.R.B. 288 2002-63, 2002-27 I.R.B. 72 2002-50, 2002-32 I.R.B. 292 2002-64, 2002-27 I.R.B. 72 REG-248110-96, 2002-26 I.R.B. 19 2002-51, 2002-33 I.R.B. 327 2002-65, 2002-29 I.R.B. 182 REG-110311-98, 2002-28 I.R.B. 109 2002-52, 2002-34 I.R.B. 388 2002-66, 2002-29 I.R.B. 183 REG-103823-99, 2002-27 I.R.B. 44 2002-53, 2002-35 I.R.B. 427 2002-67, 2002-30 I.R.B. 237 REG-103829-99, 2002-27 I.R.B. 59 2002-54, 2002-37 I.R.B. 527 2002-68, 2002-31 I.R.B. 283 REG-103735-00, 2002-28 I.R.B. 109 2002-55, 2002-37 I.R.B. 529 REG-106457-00, 2002-26 I.R.B. 23 2002-56, 2002-37 I.R.B. 526 2002-69, 2002-31 I.R.B. 283 REG-106871-00, 2002-30 I.R.B. 190 2002-57, 2002-37 I.R.B. 526 2002-70, 2002-31 I.R.B. 284 REG-106876-00, 2002-34 I.R.B. 392 2002-58, 2002-38 I.R.B. 541 2002-71, 2002-32 I.R.B. 323 REG-106879-00, 2002-34 I.R.B. 402 2002-59, 2002-38 I.R.B. 557 2002-72, 2002-32 I.R.B. 323 REG-107524-00, 2002-28 I.R.B. 110 2002-60, 2002-40 I.R.B. 641 2002-73, 2002-33 I.R.B. 387 REG-115285-01, 2002-27 I.R.B. 62 2002-61, 2002-40 I.R.B. 639 2002-74, 2000-33 I.R.B. 387 REG-115781-01, 2002-33 I.R.B. 380 2002-64, 2002-41 I.R.B. 688 2002-75, 2002-34 I.R.B. 416 REG-116644-01, 2002-31 I.R.B. 268 2002-76, 2002-35 I.R.B. 471 REG-123345-01, 2002-32 I.R.B. 321 Treasury Decisions: 2002-77, 2002-35 I.R.B. 471 REG-126024-01, 2002-27 I.R.B. 64 2002-78, 2002-36 I.R.B. 514 REG-136311-01, 2002-36 I.R.B. 485 8997, 2002-26 I.R.B. 6 2002-79, 2002-36 I.R.B. 515 REG-164754-01, 2002-30 I.R.B. 212 8998, 2002-26 I.R.B. 1 2002-80, 2002-36 I.R.B. 515 REG-165868-01, 2002-31 I.R.B. 270 8999, 2002-28 I.R.B. 78 2002-81, 2002-37 I.R.B. 533 REG-106359-02, 2002-34 I.R.B. 405 9000, 2002-28 I.R.B. 87 2002-82, 2002-37 I.R.B. 533 REG-122564-02, 2002-26 I.R.B. 25 9001, 2002-29 I.R.B. 128 2002-83, 2002-38 I.R.B. 564 REG-123305-02, 2002-26 I.R.B. 26 9002, 2002-29 I.R.B. 120 2002-84, 2002-37 I.R.B. 533 REG-124256-02, 2002-33 I.R.B. 383 9003, 2002-32 I.R.B. 294 2002-85, 2002-39 I.R.B. 624 REG-133254-02, 2002-34 I.R.B. 412 9004, 2002-33 I.R.B. 331 2002-86, 2002-39 I.R.B. 624 REG-134026-02, 2002-40 I.R.B. 684 9005, 2002-32 I.R.B. 290 2002-87, 2002-39 I.R.B. 624 9006, 2002-32 I.R.B. 315 2002-88, 2002-38 I.R.B. 564 Revenue Procedures: 9007, 2002-33 I.R.B. 349 2002-89, 2002-39 I.R.B. 626 9008, 2002-33 I.R.B. 335 2002-90, 2002-40 I.R.B. 684 2002-43, 2002-28 I.R.B. 99 2002-44, 2002-26 I.R.B. 10 9009, 2002-33 I.R.B. 328 2002-91, 2002-40 I.R.B. 685 2002-92, 2002-41 I.R.B. 709 2002-45, 2002-27 I.R.B. 40 9010, 2002-33 I.R.B. 341 9011, 2002-33 I.R.B. 356 2002-93, 2002-41 I.R.B. 709 2002-46, 2002-28 I.R.B. 105 9012, 2002-34 I.R.B. 389 2002-47, 2002-29 I.R.B. 133 9013, 2002-38 I.R.B. 542 Court Decisions: 2002-48, 2002-37 I.R.B. 531 9014, 2002-35 I.R.B. 429 2002-49, 2002-29 I.R.B. 172 9015, 2002-40 I.R.B. 642 2075, 2002-38 I.R.B. 548 2002-50, 2002-29 I.R.B. 173 9016, 2002-40 I.R.B. 628 2002-51, 2002-29 I.R.B. 175 Notices: 2002-52, 2002-31 I.R.B. 242 2002-42, 2002-27 I.R.B. 36 2002-53, 2002-31 I.R.B. 253 2002-43, 2002-27 I.R.B. 38 2002-54, 2002-35 I.R.B. 432 2002-44, 2002-27 I.R.B. 39 2002-55, 2002-35 I.R.B. 435 2002-45, 2002-28, I.R.B. 93 2002-56, 2002-36 I.R.B. 483 2002-46, 2002-28 I.R.B. 96 2002-57, 2002-39 I.R.B. 575 2002-47, 2002-28 I.R.B. 97 2002-58, 2002-40 I.R.B. 644 2002-48, 2002-29 I.R.B. 130 2002-59, 2002-39 I.R.B. 615 2002-49, 2002-29 I.R.B. 130 2002-60, 2002-40 I.R.B. 645 2002-50, 2002-28 I.R.B. 98 2002-61, 2002-39 I.R.B. 616 2002-51, 2002-29 I.R.B. 131 2002-62, 2002-40 I.R.B. 683 2002-52, 2002-30 I.R.B. 187 2002-63, 2002-41 I.R.B. 691 2002-53, 2002-30 I.R.B. 187 2002-65, 2002-41 I.R.B. 700 2002-54, 2002-30 I.R.B. 189 Revenue Rulings: 2002-55, 2002-36 I.R.B. 481 2002-56, 2002-32 I.R.B. 319 2002-38, 2002-26 I.R.B. 4 2002-57, 2002-33 I.R.B. 379 2002-39, 2002-27 I.R.B. 33 2002-58, 2002-35 I.R.B. 432 2002-40, 2002-27 I.R.B. 30 2002-59, 2002-36 I.R.B. 481 2002-41, 2002-28 I.R.B. 75 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2002-1 through 2002-25 is in Internal Revenue Bulletin 2002-26, dated July 1, 2002. <!-- PageFooter="2002-42 I.R.B." --> <!-- PageFooter="October 21, 2002" --> <!-- PageBreak --> Finding List of Current Actions on Previously Published Items1 Bulletin 2002-26 through 2002-41 ## Announcements: 98-99 Superseded by Rev. Proc. 2002-44, 2002-26 I.R.B. 10 2000-4 Modified by Ann. 2002-60, 2002-26 I.R.B. 28 2001-9 Superseded by Rev. Proc. 2002-44, 2002-26 I.R.B. 10 Notices: 97-26 Modified and superseded by Notice 2002-62, 2002-39 I.R.B. 574 2001-6 Superseded by Notice 2002-63, 2002-40 I.R.B. 644 2001-62 Modified and superseded by Notice 2002-62, 2002-39 I.R.B. 574 ### Proposed Regulations: REG-208280-86 Withdrawn by REG-136311-01, 2002-36 I.R.B. 485 REG-209114-90 Corrected by Ann. 2002-65, 2002-29 I.R.B. 182 REG-209813-96 Withdrawn by REG-106871-00, 2002-30 I.R.B. 190 REG-103823-99 Corrected by Ann. 2002-67, 2002-30 I.R.B. 237 Ann. 2002-79, 2002-36 I.R.B. 515 REG-103829-99 Corrected by Ann. 2002-82, 2002-37 I.R.B. 533 REG-105885-99 Corrected by Ann. 2002-67, 2002-30 I.R.B. 237 REG-105369-00 Clarified by Notice 2002-52, 2002-30 I.R.B. 187 Corrected by Ann. 2002-67, 2002-30 I.R.B. 237 REG-118861-00 Corrected by Ann. 2002-67, 2002-30 I.R.B. 237 REG-126100-00 Withdrawn by REG-133254-02, 2002-34 I.R.B. 412 Proposed Regulations-Continued: REG-136193-01 Corrected by Ann. 2002-67, 2002-30 I.R.B. 237 REG-161424-01 Corrected by Ann. 2002-67, 2002-30 I.R.B. 237 REG-165706-01 Corrected by Ann. 2002-67, 2002-30 I.R.B. 237 REG-165868-01 Corrected by Ann. 2002-93, 2002-41 I.R.B. 709 REG-102740-02 Corrected by Ann. 2002-67, 2002-30 I.R.B. 237 REG-106359-02 Corrected by Ann. 2002-81, 2002-37 I.R.B. 533 REG-108697-02 Corrected by Ann. 2002-84, 2002-37 I.R.B. 533 REG-123305-02 Corrected by Ann. 2002-69, 2002-31 I.R.B. 283 #### Revenue Procedures: 88-10 Superseded by Rev. Proc. 2002-48, 2002-37 I.R.B. 531 91-23 Modified and superseded by Rev. Proc. 2002-52, 2002-31 I.R.B. 242 91-26 Modified and superseded by Rev. Proc. 2002-52, 2002-31 I.R.B. 242 95-18 Superseded by Rev. Proc. 2002-51, 2002-29 I.R.B. 175 96-13 Modified and superseded by Rev. Proc. 2002-52, 2002-31 I.R.B. 242 96-14 Modified and superseded by Rev. Proc. 2002-52, 2002-31 I.R.B. 242 96-53 Amplified by Rev. Proc. 2002-52, 2002-31 I.R.B. 242 2001-12 Obsoleted by T.D. 9004, 2002-33 I.R.B. 331 2001-17 Modified and superseded by Rev. Proc. 2002-47, 2002-29 I.R.B. 133 Revenue Procedures-Continued: 2001-26 Superseded by Rev. Proc. 2002-53, 2002-31 I.R.B. 253 2001-45 Superseded by Rev. Proc. 2002-60, 2002-40 I.R.B. 645 2001-46 Modified and amplified by Rev. Proc. 2002-65, 2002-41 I.R.B. 700 2001-47 Superseded by Rev. Proc. 2002-63, 2002-41 I.R.B. 691 2001-50 Superseded by Rev. Proc. 2002-57, 2002-39 I.R.B. 575 2001-54 Superseded by Rev. Proc. 2002-61, 2002-39 I.R.B. 616 2002-9 Modified and amplified by Rev. Proc. 2002-46, 2002-28 I.R.B. 105 Rev. Proc. 2002-65, 2002-41 I.R.B. 700 Amplified, clarified, and modified by Rev. Proc. 2002-54, 2002-35 I.R.B. 432 2002-13 Modified by Rev. Proc. 2002-45, 2002-27 I.R.B. 40 2002-15 Modified and superseded by Rev. Proc. 2002-59, 2002-39 I.R.B. 615 2002-19 Amplified and clarified by Rev. Proc. 2002-54, 2002-35 I.R.B. 432 #### Revenue Rulings: 54-571 Obsoleted by T.D. 9010, 2002-33 I.R.B. 341 55-534 Distinguished by Rev. Rul. 2002-60, 2002-40 I.R.B. 641 55-606 Obsoleted by T.D. 9010, 2002-33 I.R.B. 341 59-328 Obsoleted by T.D. 9010, 2002-33 I.R.B. 341 64-36 Obsoleted by T.D. 9010, 2002-33 I.R.B. 341 65-129 Obsoleted by T.D. 9010, 2002-33 I.R.B. 341 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2002-1 through 2002-25 is in Internal Revenue Bulletin 2002-26, dated July 1, 2002. <!-- PageFooter="October 21, 2002" --> <!-- PageFooter="2002-42 I.R.B." --> <!-- PageBreak --> ## Revenue Rulings-Continued: 67-197 Obsoleted by T.D. 9010, 2002-33 I.R.B. 341 69-259 Modified and superseded by Rev. Rul. 2002-50, 2002-32 I.R.B. 292 69-595 Obsoleted in part by T.D. 9010, 2002-33 I.R.B. 341 70-608 Obsoleted in part by T.D. 9010, 2002-33 I.R.B. 341 73-232 Obsoleted by T.D. 9010, 2002-33 I.R.B. 341 76-225 Revoked by REG-115781-01, 2002-33 I.R.B. 380 77-53 Obsoleted by T.D. 9010, 2002-33 I.R.B. 341 85-50 Obsoleted by T.D. 2002-33 I.R.B. 341 92-17 Amplified by Rev. Rul. 2002-49, 2002-32 I.R.B. 288 92-75 Clarified by Rev. Proc. 2002-52, 2002-31 I.R.B. 242 93-70 Obsoleted by T.D. 9010, 2002-33 I.R.B. 341 94-76 Amplified by Rev. Rul. 2002-42, 2002-28 I.R.B. 76 ## Treasury Decisions: 8925 Corrected by Ann. 2002-89, 2002-39 I.R.B. 626 8997 Corrected by Ann. 2002-68, 2002-31 I.R.B. 283 ### 8999 Corrected by Ann. 2002-71, 2002-32 I.R.B. 323 ### 9013 Corrected by Ann. 2002-83, 2002-38 I.R.B. 564 <!-- PageFooter="2002-42 I.R.B." --> <!-- PageFooter="*U.S. Government Printing Office: 496-919/60053 October 21, 2002" -->
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