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DEPARTMENT OF THE TREASURY

Internal Revenue Service

CFR Citation: 26 CFR Part 1

TD ID: [TD 9383]

RIN ID: RIN 1545-BH21

NOTICE: RULES

DOCUMENT ACTION: Correcting amendment.

SUBJECT CATEGORY: Guidance Under Section 1502; Amendment of Matching Rule for Certain Gains on Member Stock; Correction

DATES: This correction is effective April 3, 2008.

DOCUMENT SUMMARY: This document contains a correction to final and temporary regulations (TD 9383) that were published in the Federal Register on Friday, March 7, 2008 (73 FR 12265). Concerning the treatment of certain intercompany gain with respect to consolidated group member stock. These amendments provide for the redetermination of an intercompany gain as excluded from gross income in certain member stock transactions. These regulations affect corporations filing consolidated returns.

SUMMARY: Guidance Under Section 1502; Amendment of Matching Rule for Certain Gains on Member Stock; Correction,


SUPPLEMENTAL INFORMATION

Background

The final and temporary regulations that are the subject of this document are under section 1502 of the Internal Revenue Code. Need for Correction

As published, final and temporary regulations (TD 9383) contain an error that may prove to be misleading and is in need of clarification. List of Subjects in 26 CFR Part 1

Income taxes, Reporting and recordkeeping requirements. Correction of Publication
Accordingly, 26 CFR part 1 is corrected by making the following correcting amendment:
PART 1INCOME TAXES
Paragraph 1. The authority citation for part 1 continues to read in part as follows:

Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.150213T is amended by revising the introductory text of paragraph (c)(6)(ii)(C)(1) to read as follows:
Sec. 1.150213T Intercompany transactions (temporary).
* * * * *
(c) * * *
(6) * * *
(ii) * * *
(C) * * *
(1) In general. Notwithstanding paragraph (c)(6)(ii)(A)(1), intercompany gain with respect to member stock is redetermined to be excluded from gross income to the extent that
* * * * *
LaNita Van Dyke,
Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).
[FR Doc. E86883 Filed 4208; 8:45 am]
BILLING CODE 483001P

FOR FURTHER INFORMATION CONTACT John F. Tarrant or Ross E. Poulsen, (202) 6227790 (not a tollfree number).

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