us-irs-revenue-rulings-irb-1998-19-pdf•Internal Revenue Bulletin 1998-19 (PDF rendition): IRS Revenue Rulings
Internal Revenue Bulletin 1998-19 (PDF rendition): IRS Revenue Rulings
us-irs-revenue-rulings-irb-1998-19-pdfInternal Revenue Bulletin 1998-19 (PDF rendition): IRS Revenue RulingsGuidance
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INCOME TAX Rev. Rul. 98–25, page 4. Business expenses; storage tanks.Under the circum- stances described in this revenue ruling, the costs incurred to replace underground storage tanks containing waste by- products (including the cost of removing, cleaning, and dis- posing of the old tanks, and acquiring, installing, and filling the new tanks) are deductible as ordinary and necessary business expenses under section 162 of the Code. EMPLOYEE PLANS Announcement 98–38, page 26. Notice of proposed rulemkaing (REG–209476–82, 1998–8 I.R.B. 36) under section 72(p) of the Code, relating to loans made from a qualified employer plan to plan participants or beneficiaries, is corrected. EXEMPT ORGANIZATIONS Announcement 98–37, page 24. A list is given of organizations now classified as private foun- dations. ESTATE TAX Rev. Rul. 98–22, page 5. Special use value; farms; interest rates. The 1998 inter- est rates to be used in computing the special use value of farm real property for which an election is made under sec- tion 2032A of the Code are listed for estates of decedents. EXCISE TAX Rev. Rul. 98–24, page 6. Exemption from certain federal excise taxes for con- sular officers and employees. If consular officers and employees and members of their families forming part of their households purchase from the manufacturer an article otherwise subject to a federal excise tax on sales by manu- facturers, or purchase from a retailer an article otherwise subject to a federal excise tax on sales by retailers, the transaction will not be taxed. Rev. Rul. 73–198 modified and Rev. Rul. 68–352 obsoleted. ADMINISTRATIVE Notice 98–28, page 7. Credit for producing fuel from a nonconventional source, Code section 29 inflation adjustment factor and reference price.This notice publishes the Code sec- tion 29 inflation adjustment factor, the nonconventional source fuel credit, and the section 29 reference price for calendar year 1997. These data are used to determine the credit allowable on fuel produced from a nonconventional source. Rev. Proc. 98–33, page 7. General rules and specifications for private printing of Forms W–2 and W–3.Specifications are set forth for the private printing of paper substitutes for tax year 1998 Form W–2, Wage and Tax Statement, and Form W–3, Transmittal of Wage and Tax Statements. Rev. Procs. 97–24 and 97–24A superseded. Internal Revenue bbuulllleettiinn Bulletin No. 1998–19 May 11, 1998 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. Department of the Treasury Internal Revenue Service Finding Lists begin on page 28. Mission of the Service The purpose of the Internal Revenue Service is to collect the proper amount of tax revenue at the least cost; serve the public by continually improving the quality of our prod- ucts and services; and perform in a manner warranting the highest degree of public confidence in our integrity, effi- ciency, and fairness. 2 Statement of Principles of Internal Revenue Tax Administration The function of the Internal Revenue Service is to adminis- ter the Internal Revenue Code. Tax policy for raising revenue is determined by Congress. With this in mind, it is the duty of the Service to carry out that policy by correctly applying the laws enacted by Congress; to determine the reasonable meaning of various Code provi- sions in light of the Congressional purpose in enacting them; and to perform this work in a fair and impartial manner, with neither a government nor a taxpayer point of view. At the heart of administration is interpretation of the Code. It is the responsibility of each person in the Service, charged with the duty of interpreting the law, to try to find the true meaning of the statutory provision and not to adopt a strained construction in the belief that he or she is “protect- ing the revenue.” The revenue is properly protected only when we ascertain and apply the true meaning of the statute. The Service also has the responsibility of applying and administering the law in a reasonable, practical manner. Issues should only be raised by examining officers when they have merit, never arbitrarily or for trading purposes. At the same time, the examining officer should never hesi- tate to raise a meritorious issue. It is also important that care be exercised not to raise an issue or to ask a court to adopt a position inconsistent with an established Service position. Administration should be both reasonable and vigorous. It should be conducted with as little delay as possible and with great courtesy and considerateness. It should never try to overreach, and should be reasonable within the bounds of law and sound administration. It should, howev- er, be vigorous in requiring compliance with law and it should be relentless in its attack on unreal tax devices and fraud. The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing offi- cial rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin contents of a permanent nature are consoli- dated 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 published rulings apply retroactively unless other- wise indicated. Procedures relating solely to matters of in- ternal management are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying pub- lished rulings and procedures, the effect of subsequent leg- islation, regulations, court decisions, rulings, and proce- dures must be considered, and Service personnel and oth- ers concerned are cautioned against reaching the same con- clusions 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 Subpart B, Legislation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Sub- parts. Also included in this part are Bank Secrecy Act Admin- istrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secretary (Enforcement). Part IV.—Items of General Interest. With the exception of the Notice of Proposed Rulemaking and the disbarment and suspension list included in this part, none of these announcements are consolidated in the Cumu- lative Bulletins. 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 semi- annual period, respectively. 3 Introduction 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. May 11, 199841998–19 I.R.B. Section 162.—Trade or Business Expenses 26 CFR 1.162–1: Business expenses. (Also section 263; 1.263(a)–1; 1.162-3.) Business expenses; storage tanks. Under the circumstances described in this revenue ruling, the costs incurred to re- place underground storage tanks contain- ing waste by-products (including the cost of removing, cleaning, and disposing of the old tanks, and acquiring, installing, and filling the new tanks) are deductible as ordinary and necessary business ex- penses under section 162 of the Code. Rev. Rul. 98–25 ISSUE Under the circumstances described below, are the costs incurred to replace underground storage tanks (“USTs”) con- taining waste by-products (including the cost of removing, cleaning, and disposing of the old USTs, and acquiring, installing, and filling the new USTs) deductible by the taxpayer as business expenses under § 162 of the Internal Revenue Code or must they be capitalized under § 263? FACTS X, a corporation, employs the accrual method of accounting and uses a calendar year. Xoperates a manufacturing facility. In the past, X’s manufacturing operations had produced waste by-products in the course of its operations. Consistent with the industry-wide practice at that time, X placed this waste in steel USTs (“old USTs”) that Xburied on its land. In 1998, Xincurred costs to remove its old USTs and replace them with USTs made of a steel-fiberglass-reinforced plas- tic composite material (“new USTs”) that comply with current federal, state, and local environmental laws. Xexcavated a hole in the ground large enough to gain access to the old USTs. Xthen drained the waste from the old USTs and placed it in a temporary repository. Xthen lifted the old USTs out of the hole, cleaned them, and disposed of them at an appro- priate disposal facility. In the same tax- able year, Xplaced the new USTs in the same hole, and transferred the waste from the temporary repository into the new USTs. Finally, Xsealed the new USTs and filled the hole with soil. The new USTs will not be emptied and reused, but will remain filled with the same waste indefinitely. Applicable law requires that Xcontinue to monitor the buried new USTs to detect leaks, if any. Once they are filled with waste and sealed, the new USTs have no salvage value. LAW AND ANALYSIS Sections 162 and 1.162–1(a) of the In- come Tax Regulations allow a deduction for all the ordinary and necessary ex- penses paid or incurred during the taxable year in carrying on any trade or business. Section 1.162–3 provides, in part, that taxpayers carrying materials and supplies on hand should include in expenses the charges for materials and supplies only in the amount that they are actually con- sumed and used in operation during the taxable year for which the return is made. Sections 263 and 1.263(a)–1(a) provide that no deduction is allowed for any amounts paid out for new buildings or for permanent improvements or betterments made to increase the value of any prop- erty. Section 1.263(a)–2(a) provides that capital expenditures include the cost of acquisition, construction, or erection of buildings, machinery and equipment, fur- niture and fixtures, and similar property having a useful life substantially beyond the taxable year. Through provisions such as §§ 162(a), 263(a), and related sections, the Code generally endeavors to match expenses with the revenues of the taxable period to which the expenses are properly attribut- able, thereby resulting in a more accurate calculation of net income for tax pur- poses. See, e.g., INDOPCO, Inc. v. Com- missioner, 503 U.S. 79, 84 (1992); Com- missioner v. Idaho Power Co., 418 U.S. 1, 16 (1974). Moreover, as the Supreme Court specifically recognized, the “deci- sive distinctions [between capital and or- dinary expenditures] are those of degree and not of kind,” and a careful examina- tion of the particular facts of each case is required. Welch v. Helvering,290 U.S. 111, 114 (1933); Deputy v. du Pont,308 U.S. 488, 496 (1940); see also INDOPCO,503 U.S. at 87. The useful life of an asset for § 263 purposes is its useful life to the taxpayer, not its inherent useful life. See Silverton v. Commissioner,T.C.M. 1977–198; Massey Motors, Inc. v. United States,364 U.S. 92 (1960). Unlike most storage tanks, which are used to hold a substance temporarily and are emptied and refilled repeatedly throughout their useful lives, X’s new USTs are filled with waste once, sealed indefinitely, and thereafter have no salvage value. Upon being filled with waste and sealed, the new USTs have no remaining useful life to X. X’s new USTs are used merely to facilitate the disposal of waste and therefore are similar to a ma- terial or supply that is consumed and used in operation during the taxable year. Ac- cordingly, because Xacquired, filled, and sealed the new USTs all in 1998, the costs of acquiring and installing the new USTs are not capital expenditures, but are ordi- nary and necessary business expenses de- ductible under § 162. The new USTs, which are used once and then sealed in- definitely, are distinguishable from the groundwater treatment facilities in Rev. Rul. 94–38, 1994–1 C.B. 35, which are used by the taxpayer substantially beyond the taxable year. Further, X’s costs of removing, clean- ing, and disposing of the old USTs, and filling and on-going monitoring of the new USTs are deductible as business ex- penses under § 162. The results would be the same if Xhad instead ceased to operate the manufactur- ing facility in 1998 or in a previous tax- able year. The results would also be the same if Xhad instead used storage tanks that were designed to store waste above ground. HOLDING: Under the circumstances described above, the costs incurred to replace USTs containing waste by-products (including the cost of removing, cleaning, and dis- posing of the old USTs, and acquiring, in- stalling, and filling the new USTs) are de- ductible by the taxpayer as ordinary and necessary business expenses under § 162. EFFECT ON OTHER DOCUMENTS Rev. Rul. 94-38 is distinguished. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 DRAFTING INFORMATION For further information contact Merrill Feldstein of the Income Tax and Account- ing division of the Office of Chief Coun- sel at (202) 622-4950 (not a toll free call). Section 263.—Capital Expenditures 26 CFR 1.263(a)–1: Capital expenditures; in general. Are the costs incurred to replace underground storage tanks containing waste by-products (includ- ing the cost of removing, cleaning, and disposing of the old tanks, and acquiring, installing, and filling the new tanks) deductible by the taxpayer as busi- ness expenses under § 162 of the Code, or must they be capitalized under § 263? See Rev. Rul. 98–25, page 4. Section 2032A.—Valuation of Certain Farm, Etc., Real Property 26 CFR 20.2032A–4: Method of valuing farm real property. Special use value; farms; interest rates. The 1998 interest rates to be used in computing the special use value of farm real property for which an election is made under section 2032A of the Code are listed for estates of decedents. Rev. Rul. 98–22 This revenue ruling contains a list of the average annual effective interest rates on new loans under the Farm Credit Bank system. This revenue ruling also contains a list of the states within each Farm Credit Bank District. Under § 2032A(e)(7)(A)(ii) of the Inter- nal Revenue Code, rates on new Farm Credit Bank loans are used in computing the special use value of real property used as a farm for which an election is made under § 2032A. The rates in this revenue ruling may be used by estates that value farmland under § 2032A as of a date in 1998. Average annual effective interest rates, calculated in accordance with § 2032A(e)(7)(A) and § 20.2032A-4(e) of the Estate Tax Regulations, to be used under § 2032A(e)(7)(A)(ii), are set forth in the accompanying Table of Interest Rates (Table 1). The states within each Farm Credit Bank District are set forth in the accompanying Table of Farm Credit Bank Districts (Table 2). Rev. Rul. 81–170, 1981–1 C.B. 454, contains an illustrative computation of an average annual effective interest rate. The rates applicable for valuation in 1997 are in Rev. Rul. 97–13, 1997–16 I.R.B. 4. For rate information for years prior to 1997, see Rev. Rul. 96–23, 1996–1 C.B. 198, and other revenue rulings that are referenced therein. DRAFTING INFORMATION The principal author of this revenue ruling is Lane Damazo of the Office of Assistant Chief Counsel (Passthroughs and Special Industries). For further infor- mation regarding this revenue ruling, con- tact Lane Damazo on (202) 622-3090 (not a toll-free call). 1998–19 I.R.B.5May 11, 1998 REV. RUL. 98–22 TABLE 1 TABLE OF INTEREST RATES (Year of Valuation 1998) Farm Credit Bank District inInterest Which Property Is LocatedRate Columbia . . . . . . . . . . . . . . . . . . 9.32 Omaha . . . . . . . . . . . . . . . . . . . . 8.17 Sacramento . . . . . . . . . . . . . . . . . 8.38 St. Paul . . . . . . . . . . . . . . . . . . . . 8.28 Spokane . . . . . . . . . . . . . . . . . . . 8.22 Springfield . . . . . . . . . . . . . . . . . 8.74 Texas . . . . . . . . . . . . . . . . . . . . . 8.19 Wichita . . . . . . . . . . . . . . . . . . . . 8.27 REV. RUL. 98–22 TABLE 2 TABLE OF FARM CREDIT BANK DISTRICTS DistrictStates Columbia . . . . . . . . . . . . . . . . . . . . . . . Delaware, District of Columbia, Florida, Georgia, Maryland, North Carolina, Pennsyl- vania, South Carolina, Virginia, West Virginia. Omaha . . . . . . . . . . . . . . . . . . . . . . . . . Iowa, Nebraska, South Dakota, Wyoming. Sacramento . . . . . . . . . . . . . . . . . . . . . Arizona, California, Hawaii, Nevada, Utah. St. Paul . . . . . . . . . . . . . . . . . . . . . . . . Arkansas, Illinois, Indiana, Kentucky, Michigan, Minnesota, Missouri, North Dakota, Ohio, Tennessee, Wisconsin. Spokane . . . . . . . . . . . . . . . . . . . . . . . Alaska, Idaho, Montana, Oregon, Washington. Springfield . . . . . . . . . . . . . . . . . . . . . . Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont. Texas . . . . . . . . . . . . . . . . . . . . . . . . . . Alabama, Louisiana, Mississippi, Texas. Wichita . . . . . . . . . . . . . . . . . . . . . . . . Colorado, Kansas, New Mexico, Oklahoma. Section 4041.—Imposition of Ta x 26 CFR 48.4041–3: Application of tax on sales of special motor fuel for use in motor vehicles and motorboats. (Also sections 4071, 4081, 4091, 4161; 48.4071–1, 48.4081–2, 48.4161(a)–1, 48.4161(b)–1.) Exemption from certain federal ex- cise taxes for consular officers and em- ployees. If consular officers and employ- ees and members of their families forming part of their households purchase from the manufacturer thereof an article otherwise subject to a federal excise tax on sales by manuacturers, or purchase from a retailer an article otherwise subject to a federal excise tax on sales by retail- ers, the transaction will not be taxed. Rev. Rul. 73–198 modified and Rev. Rul. 68–352 obsoleted. Rev. Rul. 98–24 This revenue ruling modifies Rev. Rul. 73–198, 1973–1 C.B. 425, which dis- cusses exemptions from certain federal excise taxes extended to foreign diplo- matic, consular, and other officers, and agencies or commissions of foreign gov- ernments. Rev. Rul. 73–198 provides that if am- bassadors, ministers, other duly accred- ited diplomatic representatives of foreign governments, the members of their fami- lies living with them, members of their households (but not servants), attaches, secretaries, clerks, and also officers of missions to the United Nations and the Organization of American States serving in a representative capacity and family members living with such officers, pur- chase from the manufacturer thereof an article otherwise subject to a federal ex- cise tax on sales by manufacturers, or pur- chase from a retailer an article otherwise subject to a federal excise tax on sales by retailers, the transaction will not be taxed. Rev. Rul. 73–198 does not extend this benefit to consular officers and employ- ees of foreign governments and members of their families forming part of their households. Under section 201(c) of the Foreign Missions Act, 22 U.S.C. § 4301 (1994), the Secretary of State is authorized to de- termine the treatment that should be ac- corded a foreign mission in the United States based on due consideration of the benefits, privileges, and immunities pro- vided to missions of the United States in the country or territory represented by the foreign mission. The Secretary of State, after due consideration of the benefits, privileges, and immunities provided to missions of the United States under the Vienna Convention on Consular Relations and other governing treaties, has deter- mined that if consular officers and em- ployees (not including honorary consuls) and members of their families forming part of their households purchase from the manufacturer thereof an article otherwise subject to a federal excise tax on sales by manufacturers, or purchase from a retailer an article otherwise subject to a federal excise tax on sales by retailers, the trans- action will not be taxed. This benefit does not extend to U.S. na- tionals or permanent residents of the United States or to consular officers and employees (and their family members) of a consular mission representing a country or territory that does not provide benefits, privileges, and immunities to missions of the United States on a reciprocal basis as determined by the Secretary of State. “Consular officer” is defined as any per- son, including the head of a consular post, entrusted in that capacity with the exer- cise of consular functions, and “consular employee” is defined as any person em- ployed in the administrative or technical service of the consular post. As a result of this revenue ruling, Rev. Rul. 68–352, 1968–2 C.B. 487, is no longer determinative of the exemption from federal retailers and manufacturers excise taxes with respect to consular offi- cers and employees (not including hon- orary consuls) of the Government of France and members of their families forming part of their households. Ac- cordingly, Rev. Rul. 68–352 is declared obsolete. EFFECT ON OTHER REVENUE RULINGS Rev. Rul. 73–198 is modified. Rev. Rul. 68–352 is obsoleted. DRAFTING INFORMATION The principal author of this revenue ruling is Susan Athy of the Office of As- sistant Chief Counsel (Passthroughs and Special Industries). For further informa- tion regarding this revenue ruling contact Susan Athy on (202) 622-3130 (not a toll- free call). Section 4071.—Imposition of Ta x 26 CFR 48.4071–1: Imposition and rates of tax. If consular officers or employees purchase di- rectly from the manufacturer thereof an article oth- erwise subject to federal excise tax on sales by man- ufacturers, or purchase from a retailer an article otherwise subject to federal excise tax on sales by retailers, will the transaction be taxed? See Rev. Rul. 98–24, on this page. Section 4081.—Imposition of Ta x 26 CFR 48.4081–2: Taxable fuel; tax on removal at the rack. If consular officers or employees purchase di- rectly from the manufacturer thereof an article oth- erwise subject to federal excise tax on sales by man- ufacturers, or purchase from a retailer an article otherwise subject to federal excise tax on sales by retailers, will the transaction be taxed? See Rev. Rul. 98–24, on this page. Section 4091.—Imposition of Ta x If consular officers or employees purchase di- rectly from the manufacturer thereof an article oth- erwise subject to federal excise tax on sales by man- ufacturers, or purchase from a retailer an article otherwise subject to federal excise tax on sales by retailers, will the transaction be taxed? See Rev. Rul. 98–24, on this page. Section 4161.—Imposition of Ta x 26 CFR 48.4161(a)–1: Imposition and rate of tax; fishing equipment. 26 CFR 48.4161(b)–1: Imposition and rates of tax; bows and arrows. If consular officers or employees purchase di- rectly from the manufacturer thereof an article oth- erwise subject to federal excise tax on sales by man- ufacturers, or purchase from a retailer an article otherwise subject to federal excise tax on sales by retailers, will the transaction be taxed? See Rev. Rul. 98–24, on this page. May 11, 199861998–19 I.R.B. 1998–19 I.R.B.7May 11, 1998 Credit for Producing Fuel From a Nonconventional Source, Section 29 Inflation Adjustment Factor, and Section 29 Reference Price Notice 98–28 This notice publishes the § 29 inflation adjustment factor, the nonconventional source fuel credit, and the §29 reference price for calendar year 1997. These are used to determine the credit allowable on fuel produced from a nonconventional source under § 29 of the Internal Revenue Code. The calendar year 1997 inflation- adjusted credit applies to the sales of bar- rel-of-oil equivalent of qualified fuels sold by a taxpayer to an unrelated person during the 1997 calendar year, the domes- tic production of which is attributable to the taxpayer. BACKGROUND Section 29(a) provides for a credit for producing fuel from a nonconventional source, measured in barrel-of-oil equiva- lent of qualified fuels, the production of which is attributable to the taxpayer and sold by the taxpayer to an unrelated per- son during the tax year. The credit is equal to the product of $3.00 and the ap- propriate inflation adjustment factor. Section 29(b)(1) and (2) provides for a phaseout of the credit. The credit allow- able under § 29(a) must be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to § 29(b)(1)) as the amount by which the reference price for the calendar year in which the sale occurs exceeds $23.50 bears to $6.00. The $3.00 in § 29(a) and the $23.50 and $6.00 must each be adjusted by multiplying these amounts by the 1997 inflation adjustment factor. In the case of gas from a tight for- mation, the $3.00 amount in § 29(a) must not be adjusted. Section 29(c)(1) defines the term “qualified fuels” to include oil produced from shale and tar sands; gas produced from geopressurized brine, Devonian shale, coal seams, or a tight formation, or biomass; and liquid, gaseous, or solid synthetic fuels produced from coal (in- cluding lignite), including such fuels when used as feedstocks. Section 29(d)(1) provides that the credit is to be applied only for sale of qualified fuels the production of which is within the United States (within the meaning of § 638(1)) or a possession of the United States (within the meaning of § 638(2)). Section 29(d)(2)(A) requires that the Secretary, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjust- ment factor and the reference price for the preceding calendar year. Section 29(d)(2)(B) defines “inflation adjustment factor” for a calendar year as the fraction the numerator of which is the GNP implicit price deflator for the calen- dar year and the denominator of which is the GNP implicit price deflator for calen- dar year 1979. The term “GNP implicit price deflator” means the first version of the implicit price deflator for the gross na- tional product as computed and published by the Department of Commerce. Section 29(d)(2)(C) defines “reference price” to mean with respect to a calendar year the Secretary’s estimate of the annual average wellhead price per barrel of all domestic crude oil the price of which is not subject to regulation by the United States. Section 29(d)(3) provides that in the case of a property or facility in which more than one person has an interest, ex- cept to the extent provided by regulations prepared by the Secretary, production from the property or facility (as the case may be) must be allocated among the per- sons in proportion to their respective in- terests in the gross sales from the property or facility. Section 29(d)(5) and (6) provides that the term “barrel-of-oil equivalent” with respect to any fuel generally means that amount of the fuel which has a Btu con- tent of 5.8 million. INFLATION ADJUSTMENT FACTOR AND REFERENCE PRICE The inflation adjustment factor for cal- endar year 1997 is 2.0331. The reference price for calendar year 1997 is $17.24. As required by § 29(d)(2)(A), the infla- tion adjustment factor and reference price for calendar year 1997 were published in the Federal Register on April 1, 1998 (63 Fed. Reg. 15916). PHASE-OUT CALCULATION Because the calendar year 1997 refer- ence price does not exceed $23.50 multi- plied by the inflation adjustment factor, the phaseout of the credit provided for in § 29(b)(1) does not occur for any quali- fied fuel sold in calendar year 1997. CREDIT AMOUNT The nonconventional source fuel credit under § 29(a) is $6.10 per barrel-of-oil equivalent of qualified fuels ($3.00 3 2.0331). This amount was published in the Federal Register on April 1, 1998 (63 Fed. Reg. 15916). DRAFTING INFORMATION CONTACT The principal author of this notice is David G. McMunn of the Office of Assis- tant Chief Counsel (Passthroughs and Special Industries). For further informa- tion regarding this notice contact Mr. Mc- Munn on (202)622-3110 (not a toll-free call). 26 CFR 601.602: Forms and instructions. (Also Part I, sections 6011, 6041, 6051, 6071, 6081, 6091; 1.6041–1, 1.6041–2, 31.6051–1, 31.6051–2, 31.6071(a)–1, 31.6081(a)–1.) Rev. Proc. 98–33 PART A. GENERAL SECTION 1. PURPOSE .01 The purpose of this revenue proce- dure is to provide the general rules for fil- ing and to state the requirements of the In- ternal Revenue Service (IRS) and the Social Security Administration (SSA) for reproducing paper substitutes for Form W–2, Wage and Tax Statement, and Form W–3, Transmittal of Wage and Tax State- ments, for amounts paid during the 1998 calendar year. The information reported on Forms W–2 and W–3 is required to es- tablish tax liability for employees and their eligibility for Social Security and Medicare benefits. Part III. Administrative, Procedural, and Miscellaneous .02 Forms W–2 and W–3 have only minor changes for 1998. Please see “Na- ture of Changes” (Section 2, below) and the exhibits at the end of this revenue pro- cedure for changes to the Form W–2 and W–3. .03 For the purpose of this revenue procedure, a substitute form is one that is not printed by IRS. A substitute Form W–2 or W–3 MUST conform to the specifications in this revenue procedure to be acceptable to the IRS.Preparers should also refer to the separate instruc- tions for Forms W–2 and the instructions on Form W–3 for details on how to com- plete these forms. See Part C, Sec. 4.01, for information on obtaining the official IRS forms and instructions. See Part B, Sec. 2, for requirements for substitute forms furnished to employees. .04 IRS has a centralized call site at the IRS martinsburg Computing Center (IRS/MCC) to answer questions related to information returns (Forms W–2, W–3, 1099, etc.). The Call-Site phone number is (304) 263-8700 (not a toll-free number). The number for Telecommunication De- vice for the Deaf (TDD) is (304) 267-3367 (not a toll-free number). The hours of operation are Monday through Friday from 8:30 A.M. to 4:30 P.M. eastern time. .05 IRS maintains a personal computer based Information Reporting Program Bulletin Board System (IRP–BBS) at the IRS Martinsburg Computing Center (IRS/MCC). This system provides access to the forms and publications relating to information returns, news of the latest changes, the ability to receive answers to specific questions, access to shareware, and other features. The IRP–BBS is available for public use and can be reached by dialing (304) 264-7070 (not a toll-free number).The IRP–BBS is compatible with most modems. For more information concerning this system, call IRS/MCC at (304) 263-8700 (not a toll- free number). .06 Employers are reminded that under Section 6722 of the Internal Revenue Code (IRC) they can be assessed a penalty of $50 per Form W–2 that is not furnished to an employee on a form ac- ceptable to the IRS (up to $100,000). To be acceptable to IRS, the Form W–2 must be either the “official” form or a substi- tute form with the core data placed ex- actly as specified in Part B., Section 2.04 of this Revenue Procedure. No IRS office is authorized to allow deviations from this Revenue Procedure. .07 This revenue procedure supersedes Rev. Procs. 97–24 and 97–24A, 1997–16 I.R.B., dated April 21, 1997, and 1997–20 I.R.B., dated May 19, 1997 (Reprinted as Publication 1141). SEC. 2. NATURE OF CHANGES .01 The text and exhibits were updated for tax year 1998. .02 Box 15 check boxes for House- hold Employee and Subtotal were deleted from the Forms W–2. All employers in- cluding household employers must now file Form W–3 even for a single submis- sion of Forms W–2 thus eliminating the need for the check box. Also SSA no longer needs subtotals to process Forms W–2 allowing the elimination of another checkbox. .03 Added sentence at the bottom of Form W–2 reminding filers not to sepa- rate forms, not to staple forms, and not to send in photocopies, .04 Added last item to back of in- structions on copy C to make filers aware that Form W–2 should be re- tained until you start to receive benefits from SSA. Also employees should con- firm their work record with SSA from time to time. .05 Added additional boxes to Forms W–3 just before the signature area for name of contact person, telephone number, fax number, and E-Mail ad- dress. This was done at SSA’s request so that they could more easily contact the filer to resolve any processing prob- lems. .06 SSA recommended inserting a note at the bottom of Forms W–3 and just be- fore the W–3 instructions informing the filer that the entire first page of the Forms W–3 and the entire first page of the Forms W–2 should be sent to SSA. Filers are also informed not to send in any payments with these forms to SSA. .07 Deleted the Paper Work Reduction Act Notice from Form W–3 page 1 as a space saving measure. The notice infor- mation is located inside the Forms W–2 instructions. .08 The Earned Income Credit notifica- tion to employees may now be placed on the back of copy B or the back of copy C. See Part B, Section 2.05.5 for new infor- mation. .09 The tax year (1998)must be printed in non-reflective black ink on copy A of Form W–2 and Form W–3 using 24 pt OCR-A font. The forms identification numbers, e.g., 22222 or 33333, at the top of the forms must be printed in non-re- flective black ink. It is imperative that SSA’s scanning equipment be able to rec- ognize the form number so that, for exam- ple, a Form W–3 is recognized and is not scanned or keyed as a Form W–2. The form number (W–3), and the signature line information on Form W–3, must be printed in non-reflective black ink. The word “Form” as well as the form title(s), e.g., Wage and Tax Statement and Trans- mittal of Wage and Tax Statements, should be printed in red OCR drop-out ink. Tax Year (1998) Copies B,C, and 2 are not required to be 24 pt OCR-A font (See Part B, Section 2.05. .10 The Catalog Number, shown on the 1998 Form W–2 as “Cat. No. 10134D”, and the Catalog Number shown on the 1998 Form W–3 as “Cat No. 10159Y”, is used for IRS distribution purposes and should not be printed on substitute Forms W–3 or W–2 (Copy A or employee copies). .11 Added information on how forms can be obtained through computer on-line services. .12 Various editorial changes were made. SEC. 3. GENERAL RULES FOR FILING FORMS W–2 .01 Employers MUST use magnetic media for filing with SSA if they prepare and file 250 or more 1998 Forms W–2 (Copy A). This requirement applies un- less: 1 The employer can establish that fil- ing on magnetic media will result in undue hardship, AND 2. The employer is granted a waiver of the requirement by IRS. To request a waiver of the magnetic media filing requirement, for the current tax year only, submit Form 8508, Request for Waiver From Filing Information Re- turns on Magnetic Media,to: If by Postal Service: Internal Revenue Service Martinsburg Computing Center May 11, 199881998–19 I.R.B. P.O. Box 1359 Martinsburg, WV25402-1359 Or, if by truck or air freight: IRS – Martinsburg Computing Center Magnetic Media Reporting Route 9 and Needy Road Martinsburg, WV 25401. Forms may also be FAXED to the IRS/MCC at (304) 264-5602. Form 8508 may be obtained through electronic options on the Internet at http://www.irs.ustreas.gov, or by calling 1-800-829-3676. Form 8508 also may be obtained directly from the IRS Martins- burg Computing Center (IRS/MCC) at the above address or by calling (304) 263- 8700 (not a toll-free number). The num- ber for Telecommunication Device for the Deaf (TDD) is (304) 267-3367 (not a toll- free number). It is recommended that completed requests for waivers (Form 8508) be submitted at least 45 days before but no later than the due date of the return (see Sec. 3.06, below). The requestor will receive an approval or denial letter from IRS, but must allow at least 30days for IRS to respond. If you have any ques- tions concerning Form 8508, contact IRS/MCC at the address or phone number shown above. Employers who do not comply with the magnetic media filing re- quirements for Form W–2 and who are not granted a waiver may be subject to certain penalties. Since many states and local governments accept Form W–2 data on magnetic media, savings may be ob- tained if magnetic media is used for filing with both SSA and state or local govern- ments. In many instances, the state or local government is willing to accept the data format specifications set out in SSA’s Technical Information Bulletin (TIB) No. 4, Magnetic Media Reporting. You must contact each individual state or local tax- ing agency to receive approval and make arrangements to file on magnetic media. EMPLOYERS WHO FILE FORM W–2 INFORMATION ON MAGNETIC MEDIA WITH SSA MUST NOT SEND THE SAME DATA TO SSA ON PAPER FORMS W–2. This would result in dupli- cate reporting and may subject the filer to an unnecessary contact by the IRS. .02 TIB–4, Magnetic Media Reporting, Submitting Annual W–2 Copy A Informa- tion to the Social Security Administration, (SSA Pub. No. 42–007, revised Oct., 1997) contains the specifications and pro- cedures for filing Form W–2 information on magnetic media with SSA. Specifica- tions for both tape and diskette reporting for Forms W–2 are included in the TIB-4. .03 TIB–4 may be obtained by writing to: Social Security Administration OCO, DES Attn: Employer Reporting Services Center 300 North Greene Street Baltimore, MD 21201. Employers may call their local SSA Mag- netic Media Coordinator (MMC) to ob- tain the TIB–4 (see list of Magnetic Media Coordinators’ telephone numbers in the Appendix). The TIB–4 is also on the SSA Annual Wage Reporting Bulletin Board System (AWRBBS). The number for the AWRBBS is (410) 965-1133 (not a toll-free number). Employers using magnetic media are cautioned to obtain the most recent revision of the TIB–4 and supplementsdue to possible changes in the specifications and procedures. .04 Employers not using magnetic media must file a paper Copy A of Form W–2 with SSA on either the IRS printed official form or a privately printed substi- tute paper form that exactly meets the specifications shown in Parts B and C. .05 Employers can design their own statements to give to employees. This ap- plies to both employers who file with SSA either on magnetic media or paper Forms W–2, Copy A. Employee state- ments designed by employers must com- ply with the requirements shown in Parts B and C, below. NOTE: Copy A must not be filed on paper with SSA when the same Form W–2 information is filed on magnetic media. Therefore, magnetic media fil- ers who use the official IRS printed form or any other pre-printed form are advised not to print Copy A, or to dis- card a printed Copy A, to prevent du- plicate information from being submit- ted to SSA. .06 If you are terminating your busi- ness, you must provide your employees with Forms W–2 on or before the due date of the business filing its final Form 941. Employers must also file Forms W–2 and W–3 with SSA on or before the last day of the month following the due date of the final Form 941. See Rev. Proc. 96–57, Automatic Extensions for Forms W–2, Internal Revenue Cu- mulative Bulletin 1996–2 page 389, dated 12/30/96, for more information. Note: Use of a reporting agent or other third-party payroll service provider does not relieve an employer of the responsibility to ensure that tax and information returns are sent out and/or filed correctly and on time. .07 1998Forms W–2, whether filed on magnetic media or paper, must be submit- ted to SSA on or before March 1, 1999. In addition, the employee copies must be furnished to the employee on or before February 1, 1999. If employment ended before December 31, 1998, the employee may be furnished his/her copy any time after employment ends, but no later than February 1, 1999. However, if the em- ployee requests Form W–2, you must fur- nish him or her the completed copies within 30 days of the request or of the final wage payment, whichever is later. This requirement is met if the form is properly addressed, mailed, and post- marked on or before the due date. Failure to timely file with SSA or to timely pro- vide the employee copies may subject the employer to penalties. Employers need- ing additional time to file Form W–2 in- formation (paper or magnetic media) with SSA may request an extension of time to file by submitting Form 8809, Request for Extension of Time to File Information Re- turns, to the IRS/MCC at the address (or alternative address) listed in Sec. 3.01, above. The extension request should be filed as early as possible, but must be postmarked no later than the due date of the forms (March 2, 1999). DO NOT SEND FORM 8809 TO SSA. NOTE: APPROVAL OF THE EXTEN- SION IS NOT AUTOMATIC. Approval or denial is based on administrative crite- ria and guidelines. The requestor will re- ceive an approval or denial letter from IRS and must allow at least 30 days for IRS to respond. You do not have to wait for a response before filing your return. File your return as soon as they are ready. If you have received a response, do not send a copy of the letter or Form 8809 with your return. Form 8809 may be ob- tained through electronic options on the 1998–19 I.R.B.9May 11, 1998 Internet at http://www.irs.ustreas.gov; by modem to IRIS (703) 321-8020; or by using the IRS Fax Forms Program (703) 487-4160, or by calling 1-800-829-3676. You can also contact IRS/MCC (See the address and phone number in Sec. 3.01, above). .08 If requesting extensions of time for more than 10 employers, IRS encourages filers to submit the request on tape, tape cartridge, 5 1 ⁄ 4 or 3 1 ⁄ 2 -inch diskette, or electronically through the Information Reporting Program Bulletin Board Sys- tem (IRP–BBS). Transmitters request- ing an extension of time to file more than 50 payers are required to file the extension request on magnetic media or electronically.Transmitters who submit requests for multiple payers will receive one approval letter with an attached list of payers covered under that approval. Pub- lication 1220, Specifications for Filing Forms 1098, 1099, 5498, and W–2G Magnetically or Electronically, provides information on how to file requests for extensions of time on tape, tape car- tridge/quarter inch cartridge, diskette, or electronically. NOTE: To file a request for extensions of time magnetically or electronically for multiple payers, third party filers and transmitters, must have an IRS Transmitter Control Code (Authoriza- tion to file information returns). SEC. 4. GENERAL RULES FOR FILING FORM W–3 .01 Employers submitting Form W–2 (Copy A) on paper to SSA must send Forms W–2 with Form W–3. .02 Form W–3 must be the same width (7 inches) as the Forms W–2 filed. .03 Form W–3 should only be used to transmit paper Forms W–2 (Copy A). Magnetic media filers do not file Form W–3. Employers using magnetic media must transmit Form W–2 data with Form 6559, Transmitter Report and Summary of Magnetic Media,(and Form 6559-A, Continuation Sheet for Form 6559,if nec- essary). These forms may be obtained by calling either your SSA MMC (see listing in Appendix) or IRS at 1-800-829-3676. PART B. REQUIREMENTS FOR FILING PAPER SUBSTITUTES SEC. 1. REQUIREMENTS FOR SUBSTITUTE “PRIVATELY PRINTED” FORMS SUBMITTED TO SSA (FORMS W–2, COPY A, AND FORMS W–3) .01 Employers may file privately printed substitute Forms W–2 and W–3 with SSA. The substitute form must be an exact replica of the IRS printed form (or official reproduction proof) with re- spect to layout and contents because it will be read by machine. The Govern- ment Printing Office (GPO) symbol must be deleted (see Sec. 1.16, below). The specifications and allowable tolerances for the Copy A of substitute Forms W–2 are provided later in this Revenue Proce- dure. See Exhibit A for Form W–2 speci- fications. The specifications for Forms W–3 are provided in Exhibit B. .02 Paper for substitute Forms W–2, Copy A, and Form W–3 (cut sheets and continuous pinfeed forms) that are to be filed with SSA must be white 100% bleached chemical wood, 18–20 pound paper only, optical character recognition (OCR) bond produced in accordance with the specifications shown as follows: Paper Requirements 1 Acidity: pH value, average, not less than . . . . . . . . . . . . . . . 4.5 2 Basis Weight 17 322 500 cut sheets . . . . . . . . . . . 18–20 Metric equivalent grams per. sq. meter . . . . . . . . . . . . 60–75 A tolerance of +5 pct. shall be allowed. 3 Stiffness: Average, each direction, not less than Gurley milligrams — Cross direction . . . . . . . . . . . . . 50 Machine direction . . . . . . . . . . . 80 4 Tearing Strength: Average, each direction, not less than—Grams . . . . . . . . . . . . . . . 40 5 Opacity: Average, not less than—Percent . . . . . . . . . . . . . . 82 6 Reflectivity: Average not less than—percent . . . . . . . . . . . 68 7 Thickness: Average . . . . . . . . . . . inch 0.0038 Metric equivalent . . . . . mm 0.097 A tolerance of ±0.0005 inch (0.0127mm) shall be allowed. Paper shall not vary more than 0.0004 inch (0.012mm) from one edge to the other. 8 Porosity: Average, not less than—seconds . . . . . . . . . . . . . . 10 9 Finish (smoothness): Average, each side— econds . . . . . . . . . . . . . . . . . 20–55 (For information only, the Sheffield equivalent unit . . . . . . . . . . . . . . . . 170–d100 10 Dirt: Average, each side, not to exceed—Parts per million . . . . . . . . . . . . . . . . . 8 NOTE: Reclaimed fiber in any per- centage is permitted, provided the re- quirements of this standard are met. DO NOT USE RECYCLED PAPER. .03 All printing for Copy A of Forms W–2 and Form W–3 will be in red OCR drop-out ink, except as specified below. 1. The identifying control number ‘22222’ (Exhibit C) at the top of Form W–2 must be printed in non-reflective black ink. 2. The Form W–2 tax year at the bot- tomof the form (see Exhibit C) must be printed in non-reflective black ink. 3. The identifying control number ‘33333’ (Exhibit D) at the top of Form W–3 must be printed in non-reflective black ink. 4. The Form W–3 tax year at the bot- tom of the form (Exhibit D) must be printed in non-reflective black ink. 5. The form identification at the bottom ‘W–3’ must be printed in non-reflective black ink (Exhibit D). All other printing will be in red OCR drop-out ink meeting, or comparable to, the specifications in this paragraph. The OCR drop-out ink for paper Forms W–2, Copy A, and W–3 is specified as Flint Ink (formerly Sinclair and Valentine) J-6983 red ink or equivalent. This is the same ink that is used for Copy A of the Form 1099 series. The use of this is required for 1998Forms W–3 and W–2, Copy A. NOTE:Printing in any other red OCR drop-out ink must be cleared by contact- ing Banc-Tech Corp., Attn: Forms De- signer & Analyst, P.O. Box 660204, MS–77, Dallas, TX 75266 (214-579- 6927—This is a voice mail number. Leave a message and your call will be re- turned). May 11, 1998101998–19 I.R.B. .04 Type must be substantially identi- cal in size and shape with corresponding type on the official form. The form iden- tifying number MUST be printed in non- reflective black ink using an OCR-A font; 10 characters per inch. 1. On Form W–3 and Copy A of Forms W–2, all the perimeter rules must be 1- point (0.014 inch), while all other rules must be one-half point (0.007 inch). 2. Vertical rules must be parallel to the left edge of the form; horizontal rules par- allel to the top edge. .05 Two official Forms W–2 (Copy A), or one official Form W–3 are contained on a single page that is 7 inches wide (ex- clusive of any snap-stubs) by 11 inches deep. The form identifying control num- ber for the official forms (7 inches wide) is ‘22222’ (5 digits) for Form W–2 and ‘33333’ (5 digits) for Form W–3. The top margin for 1998Forms W–3 and W–2, Copy A is .375 inch (3/8 inch). The right margin must be .15 inch and the left mar- gin .35 inch (plus or minus .0313 inch). The margins are unchanged from 1997. Margins must be free of all printing. No printing should appear anywhere near the Form ID control number (33333, 22222). For Forms W–2, Copy A, the combination width of Box a, “Control number”, and the box containing the form identifying number (22222) must always be 2.0 inches. For Form W–3, the combined width of these boxes must always be 2.2 inches. NOTE: All form identifying num- bers are to be printed in non-reflective black ink, using OCR-A font, printed 10 characters per inch. .06 The depth of the individual scannable image on a page must be the same as that of the IRS printed forms. For Form W–2, the depth is 4.92 inches (see Exhibit A). The scannable image depth of the Form W–3 on a page must be 4.47 inches (see Exhibit B). .07 The words “Do Not Cut, Staple , or Separate Forms on This Page” must be printed in red OCR drop-out ink between the two Forms W–2 on Copy A only (see Exhibit A). Perforations are required on all copies (except Copy A) to enable the separation of individual forms. Continu- ous pinfeed Copy A forms must be sepa- rated at the page perforation into individ- ual 11” deep pages before submission to SSA. The pinfeed strips must also be re- moved. However, the two W–2 docu- ments contained on the 110deep page must not be separated. .08 The words “For Privacy Act and Paperwork Reduction Act Notice, see separate instructions”,must be printed in red OCR drop-out ink on Forms W–2, Copy A (see Exhibit A for format and lo- cation). The Notice has been removed from the Form W–3, and placed inside the Forms W–2 Instructions. (See Ex- hibit B) .09 The Office of Management and Budget (OMB) Number must be printed on each ply of Form W–2 and W–3 (see Exhibits A and B for format and location). .10 The section titled “Where to File” in the general instructions on the em- ployer’s copy of the official Form W–3, must be printed in its entirety on all sub- stitute Forms W–3 (see Exhibit B). Household employers filing Forms W–2 for household employees should send the forms to the same address listed in the instructions. Note: Household employers, even those with only one household em- ployee, must file Form W–3 with Form W–2. On Form W–3 mark the “Hshld.” Box in Box b. .11 The Privacy Act and Paperwork Reduction Act Notice was deleted from Form W–3 in the interest of space conser- vation (see Exhibit B). The Notice was placed inside the Form W–2 instruc- tions. .12 Privately printed continuous sub - stitute Forms W–2, Copy A, must be per- forated at each 110 page depth. No perfo- rations are allowed between the individual forms (5 1 ⁄ 2 -inch Forms W–2) on a single copy page of Copy A.Contin- uous pinfeed Copy A forms must be sepa- rated at the page perforation prior to sub- mitting them to SSA. Two Copy A forms are contained on one page. The two copies must remain together on the page. Only the pages are to be separated (burst). Perforations are required between all the other individual copies on a page (Copies 1, B, C, 2, and D) included in the set. .13 The back of a substitute Form W–2, Copy A, and Form W–3 (page 1) must be free of all printing. .14 Spot carbons are NOT permitted for Copy A of Forms W–2 or for Form W–3. Interleaved carbon should be black and must be of good quality to assure leg- ibility of information on all copies and to preclude smudging. .15 Chemical transfer paper is permit- ted for Form W–2, Copy A, and Form W–3 only if the following standards are met: 1. Only chemically backedpaper is ac- ceptable for Copy A. 2. Carbon coated forms are not permit- ted. Front and back chemically treated paper cannot be processed properly by machine. 3. Chemically transferred images must be black in color. .16 The GPO symbol must not be placed on substitute Copy A of Forms W–2. .17 The Catalog Number, shown on the 1998 Form W–2 as “Cat. No. 10134D”, and the Catalog Number shown on the 1998 Form W-3 as “Cat. No. 10159Y”, is used for IRS distribution purposes and should not be printed on substitute forms. SEC. 2. REQUIREMENTS FOR SUBSTITUTE FORMS FURNISHED TO EMPLOYEES (COPIES B, C, AND 2 OF FORMS W–2) .01 All employers (including those who file on magnetic media and do not file a paper Copy A) must furnish em- ployees with at least two copies of the Forms W–2 (three or more for employees required to file a state, city, or local in- come tax return). The dimensions of these copies (Copies B, C, etc.) but not Copy A, may be expanded from the di- mensions of the official form to allow space for conveying additional informa- tion, such as additional entries required for Boxes 13 or 14, withholding from pay for health insurance, union dues, bonds, charity, etc. The requirement that a maxi- mum of three itemsare permitted in Box 13 of Form W–2 applies only to the paper Copy Athat is filed with SSA. As long as sufficient space is provided on the substi- tute employee copies, as many items as needed may be placed in Box 13 or Box 14. Also, on these copies (Copies B, C, etc.), the size of these boxes may be ad- justed. (However, see the minimum size for certain boxes, below). This may per- mit the employer to eliminate other state- ments or notices that would otherwise be furnished to employees. 1. The MAXIMUM allowable dimen- sions for employee copies of Forms W–2 are: 1998–19 I.R.B.11May 11, 1998 (a) depth should be no more than 6.5 inches; (b) width should be no more than 8.5 inches. 2. The MINIMUM allowable dimen- sions for employee copies of Forms W–2 are: (a) 2.67 inches by 5.0 inches. (b) horizontal or vertical format is per- mitted. NOTE: These minimum and maximum size specifications are for 1998only and may change for future years. The maxi- mum width of 8.5 inches is for employee copies of Form W–2 only. The width of the paper Copy A, submitted to SSA, is specified in Part B, section 1.05 above. .02 The paper for all copies should be white. The substitute Copy B (or its equal), that employees are instructed to attach to their Federal income tax return, must be at least 12 pound paper (basis 17 322-500), while the other copies fur- nished the employee should be at least 9- pound paper (basis 17 322-500). .03 Interleaved carbon and chemical transfer paper for employee copies must meet the following standards: 1. All copies must be CLEARLY LEGIBLE; 2. All copies must have the capabil- ity to be photocopied; and 3. Fading must not be of such a de- gree as to preclude legibility and the abil- ity to photocopy. In general, black chemical transfer inks are preferred; other colors are permitted only if the above standards are met. “Spot carbons” are NOT permitted (See Part B, Sec. 1.15, above, for standards for chemical transfer paper for Copy A.) .04 The following requirements govern the private printing of employee copies of Forms W–2. All substitutes must be a form, which contains boxes, box num- bers, and box titles that, where applicable, match the IRS printed form. Please in- sure that the employee copy of Forms W–2 (Copy C) contains the note “ This information is being furnished to the Internal Revenue Service. If you are required to file a tax return, a negli- gence penalty or other sanction may be imposed on you if this income is taxable and you fail to report it.”The place- ment, numbering, and size of certain boxes (the “core” information) is speci- fied as follows: 1. The items and box numbers that constitute the core data are: Box 1 – Wages, tips, other compensa- tion, Box 2 – Federal income tax withheld, Box 3 – Social Security Wages/Rail- road Retirement Compensa- tion, Box 4 – Social Security tax withheld/ Railroad Retirement Tax Withheld, Box 5 – Medicare wages and tips/Rail- road Retirement Tips, and Box 6 – Medicare tax withheld/Rail- road Retirement Tax Withheld. NOTE: Railroad employees may not be subject to Social Security coverage but are subject to Railroad Retirement Tax Tier I and II coverage. Railroad Compen- sation employers may make the above modifications to Forms W–2 but only for substitute Forms W–2 furnished to em- ployees and not for any Copy A forms to be filed with SSA. The “core” boxes mustbe printed in the exact order on each line as on the IRS printed form (see the Exhibits at the end of this revenue procedure). Boxes 1 and 2 must be next to each other, with Boxes 3 and 4 below on the next line, and Boxes 5 and 6 on the line below Boxes 3 and 4. 2. The block of core data (Boxes 1 through 6) must be placed in the upper right of the form. Substitute employee copies of Form W–2, which are printed using a vertical format with dimensions smaller than the IRS printed form, may have the core data entirely on the top of the form (see Exhibit F). In no instance will boxes or other information be permit- ted to the right of the core data. Standard margins or a small amount of other blank space may appear to the top or right of this data. The form title, number, or copy (Copy B, C, etc.) may be at the top of the form. Also, a reversed or blocked-out area to accommodate a postal permit number or other postal considerations is permitted at the upper right of the form. 3. Boxes 1 through 6 must each be a minimum of 1 3/8 inches wide and 1/4 inch deep. 4. Other required boxes: – Employer identification number (EIN), – Employer’s name, address, and ZIP code, – Employee’s Social Security number, and – Employee’s name, address, and ZIP code. These items are required to be present on the form and must be in boxes similar to those on the IRS printed form. However, they may be placed in any location, other than the top or upper right. The lettering system used on the IRS printed form (“a” through “f”) need not be used. The em- ployer’s EIN may be included in the box for the employer’s name and address. If this is done, a separate box for the EIN is not required. The Control number box (Box “a” on the IRS printed form) is not required. 5. The Tax Year (1998) MUSTbe clearly printed (in non-reflective black ink)on all copies of substitute Forms W–2. It is recommended (but not re- quired) that this information be located to the right of the form title on the lower left of the Form W–2. The use of 24 pt OCR-A font is recommended but not required. 6. If applicable, Social Security tips MUSTbe shown separately from Social Security wages. A separate box is not re- quired unless Social Security tips are to be reported. Boxes 1 and 2 on Copy B are required to be outlined in bold 2-point rule (see Exhibit E) or highlighted in some manner to distinguish these boxes. 7. If a box for Advance EIC (Earned Income Credit) payments (Box 9) is pre- sent, the box must be outlined in bold 2- point rule or highlighted in some manner to distinguish this box. However, if no amounts are paid for Advance EIC, this box is not required and may be omitted by printers. Do not use Box 9 for any other purpose than reporting Advance EIC pay- ments. 8. If Allocated tips (Box 8) are being reported for the individual employee (or class of employees that are being pro- vided Forms W–2), it is recommended (but not required) that this box also be outlined in bold 2-point rule or high- lighted on Copy B. However, if allocated tips are not being reported, this box may be omitted by printers. 9. If Form W–2 contains additional data concerning payroll deductions (e.g., saving bonds withholding, retirement withholding, or payroll savings), there should be a special highlighting of the areas pertaining to Federal income tax May 11, 1998121998–19 I.R.B. withheld; wages, tips, and other compen- sation; or Advance EIC (Earned Income Credit) payments that are related to those items. 10. Employers who are required to re- port or withhold state income tax infor- mation are required to include the follow- ing boxes on substitute Forms W–2: Box 16 - State and Employer’s state identification (I.D.) number, Box 17 – State wages, tips, etc., and Box 18 – State income tax withheld. 11. Employers who are required to re- port or withhold local income tax infor- mation are required to include the follow- ing boxes on substitute Forms W–2: Box 19 – Locality name Box 20 – Local wages, tips, etc., and Box 21 – Local income tax. 12. If state or local tax information is required, this information is also consid- ered “core data.” The state and local in- formation MUSTbe placed at the bottom of the form. See the exhibits at the end of this revenue procedure. 13. Other boxes on the IRS printed form (Boxes 7 through 15) need not ap- pear on substitute Forms W–2 provided to employees unlessan employer has that item of information to report to an em- ployee. For example, if an employee did not have Social Security tips (Box 7), Al- located tips (Box 8), or Advance EIC pay- ments (Box 9), the form could be printed without these boxes. However, if the em- ployer had provided amounts for depen- dent care benefits, those amounts would be required to be reported separately and shown in a box labeled “Box 10, Depen- dent care benefits,” as on the IRS printed form and the exhibits in this revenue pro- cedure. 14. Employers may provide multiple entries in Box 13, but each entry should use the same codes as assigned by the IRS for that type of item. (See Reference Guide for Box 13 Codes in the 1998 Form W–2 instructions). For example, employ- ers reporting deferred compensation must label the box as “13d” and not as “13a”, even though it is the first or only item to go in this box. Use the codes shown with the dollar amount. On Copy A, Form W–2, do not enter more than three codes in this box. If more than three items need to be reported in box 13, use a separate Form W–2 to report the additional items (see Multiple Forms in the 1998 Form W–2 instructions). However, employers may enter more than three codes in box 13 of Copies 1, 2, B, C, and D of Form W–2. Do not report in box 13 any items that are not listed as codes A-Tin the Form W–2 instructions. Do not report the same Federal tax data to the SSA on more than one Copy A, Form W–2. 15. For codes D,E,F,G,H, and S, if any elective deferrals, salary reduction amounts, or non-elective contributions to a section 457(b) plan during the year are make-up amounts under the Uniformed Service Employment and Reemploy- ment Rights Act of 1994 (USERRA)for a prior year, you must enter prior year contributions separately. You must enter the code, the year, and the amount. For example, elective deferrals to a section 401(k) plan are reported in box 13 as fol- lows: D–1996–2250.00, D–1997– 1250.00. The 1998 contribution does not require a year designation, enter it as D 7000.00. 16. If you are a military employer and provide your employee with basic quar- ters, subsistence allowances, and combat zone compensation, report the amount in Box 13, Form W–2, using code Q. 17. Employers contributions to an em- ployees Medical Savings Account’s (MSA), must be reported in Box 13, Form W–2, using code R. 18. An employee elective contribution to a salary reduction SIMPLE retirement account must be included in Box 13, Form W–2, using code S. However, if the amount is contributed to a SIMPLE that part of section 401(K) arrangement, that amount must be reported in Box 13, Form W–2, using Code D. 19. Amounts paid or expenses incurred by an employer to or for an employee for qualified adoption expenses must be reported in Box 13, Form W–2, using code T. 20. Employers may use Box 14 for any other information you want to give your employee. Please label each item. Exam- ples are union dues, health insurance, pre- miums deducted, nontaxable income, vol- untary after-tax contributions, or educational assistance payments. 21. If you are reporting prior year pay- ments contributions under USERRA (see item 15 above), you may report Box 14 make-up amounts for non-elective em- ployer contributions, voluntary after-tax contributions, required employee contri- butions, and employer matching contribu- tions. Report such amounts separately for each year. .05 Substitute forms for employees (Copies B, C, and 2 of Forms W–2) must meet the following requirements: 1. All copies of Forms W–2 must clearly show the form number, the form title, and the tax year. The title of Form W–2 is “Wage and Tax Statement.” It is recommended (but not required) that this be located on the bottom left of Form W–2. The reference to the Department of the Treasury - Internal Revenue Service must be on all copies of Form W–2 pro- vided to the employee. It is recom- mended (but not required) that this be lo- cated on the bottom right of Form W–2. 2. If the substitute forms are not la- beledas to the disposition of the copies, then written notification must be provided to each employee as specified below: (a) The first copy of the form (Copy B) is filed with the employee’s Federal tax return. (b) The second copy of the form (Copy C) is for the employee’s records. (c) If applicable, the third copy (Copy 2) of the form is filed with the em- ployee’s state, city, or local income tax re- turn. 3. If the substitute forms are labeled, the forms must contain the applicable de- scription: “Copy B, to be filed with employee’s Federal tax return,” and“Copy C, for em- ployee’s records.” It is recommended (but not required) that this be located on the lower left of Form W–2. The designation “Form W–2, is recommended (but not re- quired) to be located on the lower left of Form W–2 and Department of the Trea- sury - Internal Revenue Service.” It is recommended (but not required) that this be located on the lower right of Form W–2. 4. Instructions similar to those con- tained on the back of Copies B and C of the official Form W–2 must be provided to each employee. Employers may mod- ify or delete certain information in these instructions (such as modification for em- ployees of railroads to cover Railroad Re- tirement Tier I and II Compensation and Taxes). Employers are allowed to delete instructions that do not apply to the em- ployee. For example, if none of the em- 1998–19 I.R.B.13May 11, 1998 ployees have dependent care benefits (Box 10), the employer may delete the in- structions for that item. Also, if an em- ployer will only be reporting amounts for a 401(k) plan in Box 13, those instruc- tions may be modified to cover only Sec- tion 401(k) contributions. 5. You must notify employees who have no income tax withheld that they may be able to claim a tax refund because of the earned income credit (EIC). You will meet this notification requirement if you issue the IRS Form W–2 with the EIC notice on the back of the employee’s copy (Copy B), or a substitute Form W–2 with the same statement. You may also meet the requirement by providing a substitute Form W–2 without the EIC notice and Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC), or your own statement that contains the same wording. You also may change the font on Employee Copy C (back page only) so that the EIC notification and W–2 instructions may fit entirely on the back of Copy C. For more information about notification requirements, see No- tice 1015(formerly Pub. 1325), Employ- ers-Have You Told Your Employees About the Earned Income Credit (EIC). NOTE: Printers are cautioned that the rules set forth here (Part B. Sec. 2) apply to employee copies (Copies B, C, etc.) only. Paper filers who send Copy A of Form W–2 to SSA must follow the re- quirements in Part B. Sec. 3, below for those paper submissions. SEC. 3. GENERAL RULES FOR FILING “PAPER SUBSTITUTES” FOR FORMS W–2 AND W–3 .01 Paper substitutes that conform to- tally to the specifications contained in this revenue procedure may be privately printed without the prior approval of the IRS. Penalties may be assessed for not complying with the form specifications set forth in this publication. SUBSTI- TUTE FORMS THAT DO NOT CON- FORM TOTALLY TO THESE SPECIFI- CATIONS ARE NOT ACCEPTABLE. This applies to both paper substitutes that are filed with SSA and those that are given to employees. Forms should not be submitted to IRS or SSA for specific approval. However, if you are uncertain of any specification set forth herein and want that specification clarified, you may submit a letter citing the specification in question, your interpretation of that speci- fication, and an example of how the form would appear if produced using your un- derstanding of the specification. Any questions pertaining to Copies B, C, and 2 of Forms W–2 should be sent to: Internal Revenue Service ATTN: Substitute Form W–2 Coordinator T:C:A:C:I,Room C7-443 5000 Ellin Rd. Lanhan, MD.20706 Any questions pertaining to Copy A, Form W–2, and Form W–3 should be for- warded to: Social Security Administration Data Operations Center 1150 E. Mountain Drive Attn: Program Analyst Office Room 449 Wilkes-Barre, PA 18702-7997 NOTE: You should allow at least 30days for the IRS and SSA to respond. .02 Forms W–2 and W–3 are subject to annual review and possible change. Em- ployers are cautioned against overstock- ing supplies of privately printed substi- tutes. .03 Copies of the current year IRS printed Forms W–2 and W–3 and the in- structions for these forms may be ob- tained through electronic options on the Internet at http://www.irs.ustreas.gov, or from most IRS offices or by calling 1- 800-829-3676. The IRS provides only cut sheet sets. .04 Substitute Forms W–2 and W–3 transmitted to SSA should generally con- tain only data that is required by the Form W–2, the Form W–2 instructions, and this revenue procedure. .05 Substitute Forms W–2, Copy A, and W–3 are machine imaged and scanned by Social Security, therefore these forms must meet the same specifica- tions as Forms W–2 and W–3 produced by IRS. The vertical and horizontal spac- ing for all Federal payment and data boxes on Form W–2 must be in compli- ance with the specifications contained herein. .06 All ballot boxes on Forms W–2, Copy A (Box 15), and W–3 (Box “b”) must be 8-point boxes. NOTE: If a box is marked, more than 50% of the applicable ballot box must be covered by an “X”. .07 Copy A of Form W–2 and Form W–3 must have the form producer’s EIN entered to the left of “Department of Trea- sury”. PART C. ADDITIONAL INSTRUCTIONS SEC. 1. INSTRUCTIONS FOR FORMS PRINTERS .01 Except as provided below, if mag- netic media is not used for filing with SSA, the substitute copies of Forms W–2 assembly should be arranged in the same order as the IRS printed Forms W–2. Copy A should be first, followed sequen- tially by perforated sets (Copies 1, B, C, 2, and D). The substitute form to be filed by the employer with SSA must carry the designation “Copy A.” NOTE:Magnetic media filers do not submit Copy A of Form W–2 or Form W–3. Form 6559 is the transmittal for magnetic media filed Form W–2 data. 1. It is not a requirement that privately printed substitute forms contain a copy to be retained by employers (Copy D). How- ever, employers must be prepared to ver- ify or duplicate this information if it is re- quested by the IRS or SSA. Paper filers that do not keep Copy D should be able to generate a facsimile of Copy A in case of loss. 2. Except as provided in the arrange- ment of the official assemblies, additional copies that may be prepared by employers shall not be placed ahead of the copy “For EMPLOYEE’S RECORDS,” Form W–2 (Copy C). 3. Instructions similar to those con- tained on the back of Copies B and Cof the official form MUST be provided to each employee. These instructions may be printed on the back of the substitute Copy B and C or may be provided to em- ployees on a separate statement. Do not print these instructions on the back of copies 1 or 2 that is to be filed with the employee’s state or local returns. .02 All privately printed Forms W–3 and Forms W–2 (Copy A), must have the tax year, form number, and form title printed on the bottom face of each form using identical type to that of the official format. The tax year must be printed in non-reflective black ink using 24 pt OCRA-font (copy A), of Forms W–2, and Forms W–3. The form title, e.g., May 11, 1998141998–19 I.R.B. Wage and Tax Statement must be printed in red OCR drop-out ink on Form W–2, Copy A, and Form W–3. The form identifying control number of Forms W–2 and Form W–3, must be printed in non-reflective black ink, using OCRA-font, printed 10 charac- ters per inch. The word “Form” on the W–2 and W–3 must be printed in red OCR drop-out ink. .03 The substitute Form W–2, Copy B, which employees attach to their Federal income tax return, must be at least 12- pound paper (basis 17 322–500) while the other copies furnished to employee’s should be at least 9-pound paper (basis 17 322–500). .04 Employee copies of Forms W–2 (Copies B, C, etc.), including those that are printed on a single sheet of paper, MUSTbe produced so as to be easily sep- arated by the employee. Perforations be- tween the individual copies that are printed on a single sheet of paper satisfy this requirement. .05 The Form W–2, Copy A, and the OCR bond Form W–3 that are filed with SSA must have no printing on the reverse side. .06 Instructions similar to those pro- vided as part of the official form must be provided as part of any substitute Form W–3. .07 The copy of the substitute Form W–3 that contains the instructions and is to be retained by the employer should be at least 18-pound paper (basis 17 3 22–500). SEC. 2. INSTRUCTIONS FOR EMPLOYERS .01 Only originals or ribbon copies of Copy A (Forms W–2) and Form W–3 may be filed with SSA. Carbon copies and photocopies are not acceptable. .02 Employers should type or machine print entries on forms whenever possible and provide good quality data entries by using a high quality type face, inserting data in the middle of blocks that are well separated from other printing and guide- lines, and taking any other measures that will guarantee clear, sharp images. The print character size must be no more than 12 characters per inch.Omit dollar signs but include decimal points for all cents amounts. The employer must provide a machine scannable form for Copy A. The employer must refrain from printing any data in the top margin of the forms. The employer must also provide payee copies (Copies B, C, and 2) that are legible and capable of being photocopied (by the em- ployee). .03 The Employer Identification Num- ber (EIN) may be entered in the Em- ployer’s name and address box on Copy A of Forms W–2 (Box “c” on the IRS printed Form W–2). If this is done, the EIN need not be entered in the box provided for the EIN (Box “b” on the IRS printed Form W–2). The EIN must be entered in Box “e” of the Form W–3. Note: EIN entered on Form W–3 Box “e” must be the same EIN entered on Forms W–2 Box “b”, and on Form 941 as well. .04 The employer’s name, address, and EIN may be preprinted. .05 The optional employer’s state number may be pre-printed in the em- ployer’s name, address, and ZIP code box. If this is done, the Employer’s state I.D. Number section in Box 16 of Forms W–2 need not be completed, as long as the applicable state taxing authority does not object. Please check with the appro- priate state taxing authority before doing this. .06 Generally, an agent that has an ap- proved Form(s) 2678, Employer Appoint- ment of Agent, should enter its name as the employer in Box c of Form W–2, and file one Form W–2. However, if the agent is acting as an agent for two or more em- ployers, or is an employer and is acting as an agent for another employer, and pays social security wages in excess of the wage base to an individual, special report- ing for payments to that individual is needed. The agent should file separate Forms W–2 reflecting the wages paid by each employer. Box “c” of Form W–2 should include name of agent, agent for (name of employer), and address of agent. Each Form W–2 should reflect the EIN of the agent in Box “b”. In addition the em- ployer’s EIN should be shown in Box “h” of Form W–3. .07 The preparation and filing instruc- tions for Forms W–2 are contained in the 1998 Instructions for Form W–2. The preparation and filing instructions for Form W–3 are contained as part of the 1998 Form W–3 snap set assembly. .08 To avoid confusion and questions by employees, employers are encouraged to delete the following items from the em- ployee copies of Forms W–2 that are pro- vided to employees: 1 Form identifying number (e.g., 22222); 2 The word “void” and associated box 3 Any other captions or box number that would not be of any informational use to employees (unless otherwise re- quired). .09 Employers should use the IRS sup- plied label when filing Form W–3 with SSA. The label should be placed inside the brackets printed in Boxes “e” and “f”. SEC. 3. OFFICE OF MANAGEMENT AND BUDGET (OMB) REQUIREMENTS FOR SUBSTITUTE FORMS .01 The Paperwork Reduction Act re- quires: (1) OMB approval of IRS tax forms, (2) that each form (all copies) show the OMB approval number and, when appropriate, the form’s expiration date, and (3) that the form (or its instruc- tions) state why IRS is collecting the in- formation, how we will use it and whether it must be given to us. The official IRS form (or instructions) will contain this in- formation. .02 As it applies to substitute IRS forms, this means: 1. All substitute forms (all copies) must show the OMB number as it appears on the official IRS printed form (see Ex- hibits A and B). 2. The OMB number must be in one of the following formats: OMB No. 1545-0008 (preferred), or OMB # 1545-0008 3. You must inform the users of your substitute forms of the reasons for IRS collection, use, and requirements, as stated in the instructions for the official IRS form. Sec. 4. FORMS and PUBLICATIONS .01 Electronic access to IRS tax forms, instructions, publications, and other tax data is available through the following: Modem: IRIS at FedWorld (703) 321-8020 Technical questions regarding Fed- World can be directed to the FedWorld help desk 24 hours a day at (703) 487- 4608. 1998–19 I.R.B.15May 11, 1998 Internet: Telnet - iris.irs.ustreas.gov FTP - ttp.irs.ustreas.gov WWW - http://www.irs.ustreas.gov Fax Forms: (703) 487-4160 .02 Over 100 of the most requested forms and instructions may be obtained via your fax machine. Just call (703) 487- 4160 from the telephone connected to your fax machine. .03 A CD-ROM containing over 2,000 tax forms, instructions, and publications may be purchased from the Government Printing Office (GPO), Superintendent of Documents (Supt. Docs.). Current tax year materials, and tax forms from 1991 and publications from 1994, are included on the disc. To order the CD-ROM, con- tact Supt. Docs. At (202) 512-1800 (select Option #1), or by computer through GPO’s Internet Web Site (http;//www. access.gpo.gov/su docs). .04 List of Social Security Administra- tions Magnetic Media Coordinators is in- cluded in the Appendix. Sec. 5 EFFECT ON OTHER REVENUE PROCEDURES .01 Rev. Procs. 97–24 and 97–24A, I.R.B. 1997–16, dated April 21, 1997, and I.R.B. 1997–20, dated May 19, 1997, (Reprinted as Publication 1141, Revised 4–97), is superseded. May 11, 1998161998–19 I.R.B. 1998–19 I.R.B.17May 11, 1998 May 11, 1998181998–19 I.R.B. 1998–19 I.R.B.19May 11, 1998 May 11, 1998201998–19 I.R.B. 1998–19 I.R.B.21May 11, 1998 May 11, 1998221998–19 I.R.B. 1998–19 I.R.B.23May 11, 1998 May 11, 1998241998–19 I.R.B. Foundations Status of Certain Organizations Announcement 98–37 The following organizations have failed to establish or have been unable to maintain their status as public charities or as operating foundations. Accordingly, grantors and contributors may not, after this date, rely on previous rulings or des- ignations in the Cumulative List of Orga- nizations (Publication 78), or on the pre- sumption arising from the filing of notices under section 508(b) of the Code. This listing does notindicate that the organiza- tions have lost their status as organiza- tions described in section 501(c)(3), eligi- ble to receive deductible contributions. Former Public Charities.The following organizations (which have been treated as organizations that are not private founda- tions described in section 509(a) of the Code) are now classified as private foun- dations: Hospice of the Heart Inc., Whitney, TX Hot Rod Hundley Foundation, Salt Lake City, UT Hot Springs Documentary Film Festival, Hot Springs, AR Hugs Inc., Paulsboro, NJ Human Touch, Kansas City, MO Humane Society of Van Buren County, Spencer, TN Humanitarian Aid for Ethiopia, Washington, DC Humanities Corporation, Phoenix, AZ Hundred Club of Alvin, Alvin, TX Hundred Club of Greater Charleston Inc., Charleston, SC Hungarian Baptist Union of Romania Incorporated, Dallas, TX Hunterdon County Housing Corporation, W. Orange, NJ Huntsville Firefighters Retirees Association Inc., Huntsville, AL Hurricane Andrew Relief Association of IRS Employees, Plantation, FL Hurricane Proof and Flood Resistant Housing Foundation, Houston, TX Hutchinson Archives Inc., Hutchinson, KS Hyde County Childrens Center Inc., Engelhard, NC Hydrocephalus Association of Philadelphia, Philadelphia, PA Hytowl Inc., Chicago, IL Jireh Development Corporation, Cincinnati, OH Joe Wibel III Memorial Scholarship Fund, Crossville, TN Joedy P. Hendrix Jr. Ministries Inc., Checotah, OK Joeys Shelter Inc., Atlanta, GA John & Lisa Mcdaniel Ministries Inc., Memphis, TN John Christian Charity Trust Inc., Pittsburgh, PA Johnson County Fire Training Association Inc., Cleburne, TX Johnson Volunteer Fire Department, Ellisville, MS Jr Pantherettes, Newark, OH Just Because Inc., Arvada, CO Just for the Kids of N P C Inc., Danville, IN Justice Building Inc., Corpus Christi, TX Juvenile Officers Association of Michigan & Ontario, Detroit, MI Juvenile Awareness in Law Enforcement and Life Inc., Lithonia, GA Kent County Central Committee, Grand Rapids, MI Kentucky Baptist Disaster Relief Southeastern Region, Barbourville, KY Kentucky Center To Prevent Gun Violence, Prospect, KY Kentucky Educational Fund for Handicap Children Inc., Frankfort, KY Kentucky High School Junior All Stars Inc., Madisonville, KY Kentucky Homeless Shelter Inc., Detroit, MI Kentucky Recycling Association Inc., Independence, KY Kentucky Refugee Ministries Inc., Louisville, KY Kentucky Society of Healthcare Planning and Marketing Inc., Louisville, KY Kerr County Sheriffs Reserve, Kerrville, TX Kids for Education, Dearborn Heights, MI Kids Like Me of Johnson County, Shawnee Mission, KS Kids Network Inc., Superior, WI Kids Unlimited, Tucson, AZ Kings Ambassadors Inc., Argyle, TX Kings Kids Day Care Inc., Gardner, KS Kingston Township Raiders Junior Football Inc., Shavertown, PA Kingston Youth League, Chillicothe, OH Kiwanis Club of Longmont Foundation, Longmont, CO Kiwanis Club of Sarasota Sunrise Foundation Inc., Sarasota, FL Kiwanis Park Inc., Irvine, KY Knightlife Inc., Memphis, TN Knights of Christ Inc., Clarksville, IN Knoxville Concert Band, Knoxville, TN Knoxville Fall Baseball League, Knoxville, TN Koala Lebanon Alumni Association Inc., Lebanon, IN Koinonia Agape Ministries Inc., Orlando, FL Koinonia House of Jackson County, Jackson, MI Kokopelli Notes, Asheville, NC Korean American Citizens Coalition, Chicago, IL Korner Klub Inc., Hillsboro, WI KPCH Inc., Winston Salem, NC Krewe of Christmas Inc., New Orleans, LA Life Choice Mission Inc., Cocoa Beach, FL Life Conservation Inc., Atlanta, GA Life Cycle of Indiana Inc., Indianapolis, IN Life Education Network of Florida Inc., Maitland, FL Life Giver Inc. of Hampton Roads, Virginia Beach, VA Life Line Ministries Inc., Lafayette, LA Life Rescue Mission, Norristown, PA Life Styles Inc., Hoisington, KS Life Transition Therapy Institute, Santa Fe, NM Lifeline Ministries, Marshall, MN Light Club No. 2 Inc., Jacksonville, TX Lighthouse Childrens Home and Ministries Inc., Fort Valley, GA Lil Pardners Child Care and Learning Center Inc., Terrell, TX Lima Area Parkinson Support Group Inc., Lima, OH Lincoln County Band Boosters of the Lincoln County Bands, Stanford, KY Living Alternatives Inc., Tyler, TX Living Alternatives of Jacksonville Inc., Jacksonville, TX Living Faith Group A Member Group of Alcoholics Anonymous, Austin, TX Living Sanctuary of Faith, Broadview, IL Lloyd E Collins Scholarship Fund, Danbury, NC Part IV. Items of General Interest 1998–19 I.R.B.25May 11, 1998 Lo-Tech Research & Development Inc., St. Petersburg, FL Los Barrios Unidos Health Foundation, Dallas, TX Los-Islenos Heritage & Cultural Society, Violet, LA Los Ninos Inc., Albuquerque, NM Losers Inc., Kennesaw, GA Lost Pines Industries, Cedar Creek, TX Lotus Production Company Inc., Kansas City, MO Louisiana Cancer Coalition, Baton Rouge, LA Louisiana Feed-a-Meal Inc., Ruston, LA Louisiana Oilmans Charity Invitational Inc., New Orleans, LA Love for Children of Clark County, Jeffersonville, IN Love Inc. of Bradley County Tennessee, Cleveland, TN Love the People Inc., Bozeman, MT Love To Serve Incorporated, Chicago, IL Loveland Police Dept. Racing Team, Loveland, CO Low Income Housing Foundation of New Mexico Inc., Albuquerque, NM Lower 9th Ward Coalition Inc., New Orleans, LA Lower Woodville Youth Development Club, Natchez, MS LRGS Educational Foundation Inc., Baker, WV Lt. Ben Benjamin O. Davis Jr. Chapter Tuskegee Airmen, Box Elder, SD Luis H. Garcia Memorial Scholarship Fund Inc., Trenton, NJ Luther Heights Inc., Bettendorf, IA Lutheran Bears Football Association Inc., Saginaw, MI Lutheran Social Services of the Greater Charleston Area, N. Charleston, SC Luthern Family Services of Tennessee, Knoxville, TN Lycoming Animal Protection Society Inc., Montoursville, PA Lydia Rose Hummel-Dosmann Educational Foundation Inc., Milwaukee, WI Lyman Adult Foster Care, Detroit, MI Lyme Disease Institute Inc., Cape Girardeau, MO Michael E. Griffith Memorial Foundation, Inc., Copperas Cove, TX Michigan Black Shell Service Station Dealers, Detroit, MI Michigan Chiropractic Foundation, East Lansing, MI Michigan Environmental Trust Ltd, Bloomfield Hills, MI Michigan Theatre Center Inc., Detroit, MI Mid-Del Food Pantry Inc., Midwest City, OK Mississippi Junior Chamber of Source Foundation, Inc., Meridian, MS Mississippi Writers Association Inc., Jackson, MS Missoula on Ice Inc., Missoula, MT Missouri Valley Historical Society, Bismarck, ND Missouri Valley Tennis E&R Foundation, Kansas City, MO MNI SOSE Water Rights Coalition, Rapid City, SD Mobile Beauty-N-Massage Inc., Dallas, TX Mobile City Relief, Memphis, TN Mohave Literacy Council Incorporated, Fort Mohave, AZ Moms Day Care Center, St. Thomas, VI Montgomery Dancers Unlimited, Mt. Carbon, WV Montrose Community Foundation, Montrose, MI Monumental Rifle & Pistol Club-Junior Division Incorporated, Clarksville, MD Moon Hut, Boulder, CO Mount Pocono Sports Complex Fund Committee, Inc., Mt. Pocono, PA Mountain State Art and Craft Fair Scholarship and Grant Fund, Kenna, WV Mount Sneffels Education Foundation, Ridgway, CO Mount Zion Fellowship Inc., New Bern, NC Mountain Meadow Ranch Bible Camp, Phoenix, AZ Mt. St. Alban Independent Scholastic Newspaper, Inc., Washington, DC Mt. Vernon Optimist Youth Baseball- Softball, Inc., Mt. Vernon, IL Multi-Cultural Initiatives Alliance, St. Paul, MN Muslimat Al Nissa Jamiyatt Inc., Atlanta, GA Mustard Seed Ministries Inc., Springfield, IL My Brothers Keeper Ministry Keepers Inn, Youngstown, OH My Friends House Inc., College Park, GA My Life Development Corps, Decatur, GA Neighborhood Senior Center Inc., New Orleans, LA Neighborhood Visions Inc., Kansas City, KS Neolaia of Pasco Inc., Holiday, FL New Hanover Adolescent Health Council, Incorporated, Wilmington, NC New Hope Baptist Ministries of Summit County-Akron, OH, Akron, OH New Hope Boys Ranch Inc., Overton, TX New Hope for Tomorrow Foundation, Columbus, OH New Hope Housing Ministries Inc., Hudsonville, MI New Horizons Community Services Inc., Prescott Valley, AZ New Life Programs Inc., Dawsonville, GA New Mexico Clogging Association, Albuquerque, NM New Mexico Elite Volleyball Club, Albuquerque, NM New Mexico National Guard Historical Foundation, Inc., Santa Fe, NM New Mexico Open Land Trust, Santa Fe, NM New Mexico State DAREBoard, Santa Fe, NM New Orleans Technology Council Corporation, New Orleans, LA New World Foundation Inc., Miami, FL O. J. Esquivel Foundation, Kingsville, TX Oak Cliff Christian Housing Inc., Dallas, TX Oak Grove Missions to Russia, Poplarville, MS Oconto Falls Area School Age Child Care Inc., Oconto Falls, WI Oconto Falls Partners in Education Inc., Oconto Falls, WI Odessa Pony League, Odessa, MO Ofallon Community Center Inc., Ofallon, IL Office of Black and Minority Health for the State of Wisconsin, Glendale, WI Ohio Entrepreneurship Association, Reynoldsburg, OH Ohio Eta Foundation of Sigma Phi Epsilon, Cincinnati, OH Ohio Leadership Institute Inc., Ironton, OH Ohio Psychiatric Nurses Network, Cleveland, OH Ohio Schools Development Corporation, Columbus, OH May 11, 1998261998–19 I.R.B. Ohio Valley Harvest Inc., Wheeling, WV Oki Wildlife Cooperative, Pleasant Plain, OH Oklahoma Association of Resource Conservation & Development Councils, Burns Flat, OK Oklahoma Association of Scholars, Oklahoma City, OK Oklahoma Special Rescue Team Inc., Duncan, OK Oklahoma Tamil Sangam, Oklahoma City, OK Oklahoma Toxics Campaign Fund Inc., Oklahoma City, OK Okmulgee Art Guild Inc., Okmulgee, OK Olathe Sister Cities Association Inc., Olathe, KS Old Camp Meeting Ministries, Arlington, TX Old East Dallas Renaissance Project, Dallas, TX Old Fourth Ward Redevelopment Inc., Atlanta, GA Old Mill Hill Society Inc., Trenton, NJ Old Neighborhood Rehab Inc., Springfield, IL Old Rockport Inc., Rockport, IN Oldham County Heritage Farm and Branch Museum of Vega Texas Inc., Vega, TX Olive Gardens Development Corporation Inc., Brinly, AR Omaha South High School Alumni Association, Omaha, NE Omega Kappa Kappa Gamma Educational Foundation, Leawood, KS One Love Inc., Savannah, GA One Veterans Crusade for Christ Inc., Green Cove Springs, FL One World Now Inc., Houston, TX Onslow Arts & Crafts Association, Jacksonville, NC Open Air Recovery Productions Inc., Seminole, FL Open Door Health Clinic Inc., Frankfort, IN Open Door Theater Inc., Ft. Wayne, IN Opera Piccola, Arlington, VA Operation Education Incorporated, Plainsboro, NJ Operation Fresh Start, Columbus, OH Operation Luz de Sol Incorporated, Washington, DC Operation Orphan Wildlife Rehabilitation, Akron, OH Operation Playground, Crystal Lake, IL Operation Reach Out, Detroit, MI Orange County Radio Amateurs Incorporated, Chapel Hill, NC Orchard Manor Resident Management Corporation, Charleston, WV Organico Institute Corporation, Ashland, WI Orion Institute, Salt Lake City, UT Orlando Wheelchair Games Inc., Orlando, FL Orthopaedic Research Foundation Inc., Fayetteville, AR Osage Community Day School Inc., Aurora, CO Osceola County Intergroup of Alcoholics Anonymous, St. Cloud, FL Osprey Baseball Alumni Club, Savannah, GA Others Inc., Atlanta, GA Ottawa Kiwanis Retirement Community Inc., Ottawa, OH Our Children in the Courts Foundation, Chicago, IL Our Daily Bread of Bradenton Inc., Bradenton, FL Our Industries, San Marcos, TX Our Jobs Our Children Our Future Inc., Huntington, WV Our Little Angels Inc., Lebanon, IN Outreach Community Services Inc., Lake Providence, LA Outreach Ministries Inc., Green Forest, AR Owen County Art Guild Inc., Spencer, IN Owensboro Metropolitan Parks Foundation Inc., Owensboro, KY Owl Feather War Bonnet Womens Resource Center, St. Francis, SD Ozark Alternative Crop Education Training and Promotion Association Inc., Searcy, AR Ozarks 285 Amateur Radio Club, Clarksville, AR If an organization listed above submits information that warrants the renewal of its classification as a public charity or as a pri- vate operating foundation, the Internal Revenue Service will issue a ruling or de- termination letter with the revised classifi- cation as to foundation status. Grantors and contributors may thereafter rely upon such ruling or determination letter as provided in section 1.509(a)–7 of the Income Tax Regulations. It is not the practice of the Service to announce such revised classifi- cation of foundation status in the Internal Revenue Bulletin. Loans to Plan Participants; Correction Announcement 98–38 AGENCY: Internal Revenue Service, Treasury. ACTION: Correction to a notice of pro- posed rulemaking. SUMMARY: This announcement con- tains corrections to the notice of proposed rulemaking (REG–209476–82 [1998–8 I.R.B. 36]), which was published in the Federal RegisterFriday, January 2, 1998 (63 F.R. 42), relating to loans made from a qualified employer plan to plan partici- pants or beneficiaries. FOR FURTHER INFORMATION CON- TACT: Vernon Carter (202) 622-6070 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The notice of proposed rulemaking that is the subject of these corrections is under sections 72(p) of the Internal Revenue Code. Need for Correction As published, REG–209476–82 con- tains errors which may prove to be mis- leading and are in need of clarification. Correction of Publication Accordingly, the publication of the no- tice of proposed rulemaking (REG– 209476–82), which was the subject of F.R. Doc. 97–33983, is corrected as follows: 1. On page 43, column 2, in the pream- ble under the paragraph heading “Expla- nation of Provisions”, the first full para- graph in the column, line 18, the language “However, a special rule applies if a plan” is corrected to read “In addition, a special rule applies if a plan”. 2. On page 43, column 2, in the pream- ble under the paragraph heading “Expla- nation of Provisions”, the first full para- graph in the column, line 26, the language “increase in basis thereafter is less than” is corrected to read “increase in basis thereafter (e.g., from after-tax contribu- tion) is less than”. Cynthia E. Grigsby, Chief, Regulations Unit, Assistant Chief Counsel (Corporate). 1998–19 I.R.B.27May 11, 1998 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. Distinguisheddescribes 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 ap- plies to both A and B, the prior ruling is modified because it corrects a published 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 pe- riod 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 pub- lished that includes the list in the original ruling and the additions, and supersedes all prior rulings 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 for- merly used will appear in material published in the Bulletin. A—Individual. Acq.—Acquiescence. B—Individual. BE—Beneficiary. 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. D—Decedent. DC—Dummy Corporation. DE—Donee. Del. Order—Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Employer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduciary. FC—Foreign Country. FICA—Federal Insurance Contribution Act. FISC—Foreign International Sales Company. 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. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. 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 Procedral 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. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. Definition of Terms May 11, 1998281998–19 I.R.B. 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 1997–27 through 1997–52 will be found in Internal Revenue Bulletin 1998–1, dated January 5, 1998. Numerical Finding List 1 Bulletins 1998–1 through 1998–18 Announcements: 98–1, 1998–2 I.R.B. 38 98–2, 1998–2 I.R.B.38 98–3, 1998–2 I.R.B.38 98–4, 1998–4 I.R.B.31 98–5, 1998–5 I.R.B. 25 98–6, 1998–5 I.R.B. 25 98–7, 1998–5 I.R.B. 26 98–8, 1998–6 I.R.B. 96 98–9, 1998–7 I.R.B. 35 98–10, 1998–7 I.R.B. 35 98–11, 1998–8 I.R.B. 42 98–12, 1998–8 I.R.B. 43 98–13, 1998–8 I.R.B. 43 98–14, 1998–8 I.R.B. 44 98–15, 1998–10 I.R.B.36 98–16, 1998–9 I.R.B. 17 98–17, 1998–9 I.R.B. 16 98–18, 1998–10 I.R.B.44 98–19, 1998–10 I.R.B.44 98–20, 1998–11 I.R.B. 25 98–21, 1998–11 I.R.B. 26 98–22, 1998–12 I.R.B. 33 98–23, 1998–12 I.R.B. 34 98–24, 1998–12 I.R.B. 35 98–25, 1998–13 I.R.B.43 98–26, 1998–14 I.R.B. 28 98–27, 1998–15 I.R.B. 30 98–28, 1998–15 I.R.B. 30 98–29, 1998–16 I.R.B. 48 98–30, 1998–17 I.R.B. 38 98–32, 1998–17 I.R.B. 39 98–33, 1998–17 I.R.B. 39 98–34, 1998–17 I.R.B. 39 98–35, 1998–17 I.R.B. 40 98–36, 1998–18 I.R.B. 18 Notices: 98–1, 1998–3 I.R.B. 42 98–2, 1998–2 I.R.B. 22 98–3, 1998–3 I.R.B. 48 98–4, 1998–2 I.R.B. 25 98–5, 1998–3 I.B.R.49 98–6, 1998–3 I.R.B. 52 98–7, 1998–3 I.R.B. 54 98–8, 1998–4 I.R.B. 6 98–9, 1998–4 I.R.B. 8 98–10, 1998–6 I.R.B.9 98–11, 1998–6 I.R.B. 18 98–12, 1998–5 I.R.B.12 98–13, 1998–6 I.R.B.19 98–14, 1998–8 I.R.B. 27 98–15, 1998–9 I.R.B. 8 98–16, 1998–15 I.R.B. 12 98–17, 1998–11 I.R.B. 6 98–18, 1998–12 I.R.B. 11 98–19, 1998–13 I.R.B.24 98–20, 1998–13 I.R.B.25 98–21, 1998–15 I.R.B. 14 98–22, 1998–17 I.R.B. 5 98–23, 1998–18 I.R.B. 9 98–24, 1998–17 I.R.B. 5 98–25, 1998–18 I.R.B. 11 98–26, 1998–18 I.R.B. 14 98–27, 1998–18 I.R.B. 14 Proposed Regulations: PS–158–86, 1998–11 I.R.B. 13 REG–100841–97, 1998–8 I.R.B. 30 REG–102144–98, 1998–15 I.R.B.25 REG–102894–97, 1998–3 I.R.B. 59 REG–104062–97, 1998–10 I.R.B. 34 REG–104537–97, 1998–16 I.R.B. 21 REG–104691–97, 1998–11 I.R.B. 13 REG–105163–97, 1998–8 I.R.B. 31 REG–109333–97, 1998–9 I.R.B. 9 REG–109704–97, 1998–3 I.R.B. 60 REG–110965–97, 1998–13 I.R.B. 42 REG–115795–97, 1998–8 I.R.B.33 REG–119449–97, 1998–10 I.R.B. 35 REG–120200–97, 1998–12 I.R.B. 32 REG–120882–97, 1998–14 I.R.B. 25 REG–121755–97, 1998–9 I.R.B. 13 REG–208299–90, 1998–16 I.R.B. 26 REG–209276–87, 1998–11 I.R.B. 18 REG–209322–82, 1998–15 I.R.B. 26 REG–209373–81, 1998–14 I.R.B. 26 REG–209463–82, 1998–4 I.R.B. 27 REG–209476–82, 1998–8 I.R.B. 36 REG–209484–87, 1998–8 I.R.B.40 REG–209485–86, 1998–11 I.R.B. 21 REG–209682–94, 1998–17 I.R.B. 20 REG–209807–95, 1998–8 I.R.B. 40 REG–243025–96, 1998–18 I.R.B. 18 REG–251502–96, 1998–9 I.R.B. 14 Revenue Procedures: 98–1, 1998–1 I.R.B. 7 98–2, 1998–1 I.R.B. 74 98–3, 1998–1 I.R.B. 100 98–4, 1998–1 I.R.B. 113 98–5, 1998–1 I.R.B. 155 98–6, 1998–1 I.R.B. 183 98–7, 1998–1 I.R.B. 222 98–8, 1998–1 I.R.B. 225 98–9, 1998–3 I.R.B. 56 98–10, 1998–2 I.R.B. 35 98–11, 1998–4 I.R.B.9 98–12, 1998–4 I.R.B. 18 98–13, 1998–4 I.R.B. 21 98–14, 1998–4 I.R.B. 22 98–15, 1998–4 I.R.B. 25 98–16, 1998–5 I.R.B. 19 98–17, 1998–5 I.R.B. 21 98–18, 1998–6 I.R.B. 20 98–19, 1998–7 I.R.B. 30 98–20, 1998–7 I.R.B. 32 98–21, 1998–8 I.R.B. 27 98–22, 1998–12 I.R.B. 11 98–23, 1998–10 I.R.B. 30 98–24, 1998–10 I.R.B. 31 98–25, 1998–11 I.R.B. 7 98–26, 1998–13 I.R.B.26 98–27, 1998–15 I.R.B.15 98–28, 1998–15 I.R.B.14 98–29, 1998–15 I.R.B. 22 98–30, 1998–17 I.R.B. 6 98–32, 1998–17 I.R.B. 11 98–34, 1998–18 I.R.B. 15 Revenue Rulings: 98–1, 1998–2 I.R.B. 5 98–2, 1998–2 I.R.B. 15 98–3, 1998–2 I.R.B. 4 Revenue Rulings—Continued 98–4, 1998–2 I.R.B. 18 98–5, 1998–2 I.R.B. 20 98–6, 1998–4 I.R.B. 4 98–7, 1998–6 I.R.B.6 98–8, 1998–7 I.R.B. 24 98–9, 1998–6 I.R.B. 5 98–10, 1998–10 I.R.B. 11 98–11, 1998–10 I.R.B. 13 98–12, 1998–10 I.R.B. 5 98–13, 1998–11 I.R.B. 4 98–14, 1998–11 I.R.B. 4 98–15, 1998–12 I.R.B. 6 98–16, 1998–13 I.R.B. 18 98–17, 1998–13 I.R.B. 21 98–18, 1998–14 I.R.B. 22 98–19, 1998–15 I.R.B. 5 98–20, 1998–15 I.R.B. 8 98–21, 1998–18 I.R.B. 7 98–23, 1998–18 I.R.B. 5 Treasury Decisions: 8740, 1998–3 I.R.B. 4 8741, 1998–3 I.R.B. 6 8742, 1998–5 I.R.B.4 8743, 1998–7 I.R.B. 26 8744, 1998–7 I.R.B. 20 8745, 1998–7 I.R.B. 15 8746, 1998–7 I.R.B. 4 8747, 1998–7 I.R.B. 18 8748, 1998–8 I.R.B. 24 8749, 1998–7 I.R.B. 16 8750, 1998–8 I.R.B. 4 8751, 1998–10 I.R.B. 23 8752, 1998–9 I.R.B. 4 8753, 1998–9 I.R.B. 6 8754, 1998–10 I.R.B. 15 8755, 1998–10 I.R.B. 21 8756, 1998–12 I.R.B.4 8757, 1998–13 I.R.B.4 8758, 1998–13 I.R.B. 15 8759, 1998–13 I.R.B. 19 8760, 1998–14 I.R.B. 4 8761, 1998–14 I.R.B. 13 8762, 1998–14 I.R.B. 15 8763, 1998–15 I.R.B. 5 8764, 1998–15 I.R.B. 9 8765, 1998–16 I.R.B. 11 8766, 1998–16 I.R.B. 17 8767, 1998–16 I.R.B. 4 1998–19 I.R.B.29May 11, 1998 Finding List of Current Action on Previously Published Items 1 Bulletins 1998–1 through 1998–18 Revenue Procedures: 91–59 Updated and superseded by 98–25, 1998–11 I.R.B. 7 94–16 Modified and superseded by 98–22, 1998–12 I.R.B. 11 93–62 Modified and superseded by 98–22, 1998–12 I.R.B. 11 95–35 95–35A Superseded by 98–19, 1998–7 I.R.B. 30 96–29 Modified and superseded by 98–22, 1998–12 I.R.B. 11 97–1 Superseded by 98–1, 1998–1 I.R.B. 7 97–2 Superseded by 98–2, 1998–1 I.R.B. 74 97–3 Superseded by 98–3, 1998–1 I.R.B. 100 97–4 Superseded by 98–4, 1998–1 I.R.B. 113 97–5 Superseded by 98–5, 1998–1 I.R.B. 155 97–6 Superseded by 98–6, 1998–1 I.R.B. 183 97–7 Superseded by 98–7, 1998–1 I.R.B. 222 97–8 Superseded by 98–8, 1998–1 I.R.B. 225 97–21 Superseded by 98–2, 1998–1 I.R.B. 74 97–26 Obsoleted by 98–28, 1998–15 I.R.B. 14 97–53 Superseded by 98–3, 1998–1 I.R.B. 100 Revenue Rulings: 75–17 Supplemented and superseded by 98–5, 1998–2 I.R.B. 20 92–19 Supplemented in part by 98–2, 1998–2 I.R.B. 15 1 A cumulative finding list for previously published items mentioned in Internal Revenue Bulletins 1997–27 through 1997–52 will be found in Internal Revenue Bulletin 1998–1, dated January 5, 1998. Notes May 11, 1998301998–19 I.R.B. INTERNAL REVENUE BULLETIN The Introduction on page 3 describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superintendent of Documents when their subscriptions must be renewed. CUMULATIVE BULLETINS The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold on a single copy basis and are not included as part of the subscription to the Internal Revenue Bulletin. Subscribers to the week- ly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them from the Superintendent of Documents. HOW TO ORDER Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance, detach entire page, and mail to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Please allow two to six weeks, plus mailing time, for delivery. WE WELCOME COMMENTS ABOUT THE INTERNAL REVENUE BULLETIN If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can e-mail us your suggestions or comments through the IRS Internet Home Page (www.irs.ustreas.gov) or write to the IRS Bulletin Unit, T:FP:F:CD, Room 5560, 1111 Constitution Avenue NW, Washington, DC 20224. You can also leave a recorded message 24 hours a day, 7 days a week at 1–800–829–9043.
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