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51. Allocation and Apportionment of Deductions for Charitable Contributions; Hearing Cancellation

PROPOSED RULES: Charitable contributions, allocation and apportionment of deductions; hearing cancellation,

This document provides notice of cancellation of a public hearing on proposed regulations relating to the allocation and apportionment of charitable deductions.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

52. Section 42 Carryover and Stacking Rule Amendments; Correction

RULES: Low-income housing tax credit; section 42 carryover and stacking rule amendments; Correction,

This document contains corrections to final regulations that were published in the Federal Register on January 6, 2004 (69 FR 502) that amend several existing regulations concerning the lowincome housing tax credit.
[[Page 8331]]
DEPARTMENT OF THE TREASURY : Internal Revenue Service

53. Determination of Basis of Stock or Securities Received In Exchange for, or With Respect to, Stock or Securities in

PROPOSED RULES: Stock or securities in exchange for, or with respect to, stock or securities in certain transactions; determination of basis,

This document contains proposed regulations under section 358 that provide guidance regarding the determination of the basis of stock or securities received in exchange for, or with respect to, stock or securities in certain transactions. These proposed regulations affect shareholders of corporations.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

54. Partial Withdrawal of Proposed Regulations Relating to the Application of Section 904 to Income Subject To Separate

PROPOSED RULES: Income subject to separate limitations and deemed-paid credit computation,

This document withdraws a portion of a notice of proposed rulemaking published on January 3, 2001, relating to the application of the foreign tax credit limitation under section 904 and the deemedpaid credit under section 902.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

55. Interest-Only REMIC Regular Interests

PROPOSED RULES: Real estate mortgage investment conduits—; Interest-only regular interest,

This document describes and explains rules that the IRS and Treasury are considering and may propose in a notice of proposed rulemaking regarding the proper timing of income or deduction attributable to an interestonly regular interest in a Real Estate Mortgage Investment Conduit (REMIC). This document also invites comments from the public
DEPARTMENT OF THE TREASURY : Internal Revenue Service

56. Distribution From a Pension Plan Under a Phased Retirement Program; Hearing

PROPOSED RULES: Pension plan distributions under a phased retirement program; correction,

This document contains a notice of public hearing on a proposed rulemaking that provide rules permitting distributions to be made from a pension plan under a phased retirement program and set forth requirements for a bona fide phased retirement program.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

57. Exclusion of Employees of 501(c)(3) Organizations in 401(k) and 401(m) Plans

PROPOSED RULES: Employees of 501(c)(3) organizations in 401(k) and 401(m) plans; exclusion,

This document contains proposed amendments to the regulations under section 410(b) of the Internal Revenue Code. The proposed amendments permit, in certain circumstances, employees of a taxexempt organization described in section 501(c)(3) to be excluded for the purpose of testing whether a section 401(k) plan (or a section 401(m) plan that is
DEPARTMENT OF THE TREASURY : Internal Revenue Service

58. Uniform Capitalization of Interest Expense in Safe Harbor Sale and Leaseback Transactions

RULES: Safe harbor sale and leaseback transactions; uniform capitalization of interest expense,

This document contains regulations relating to the capitalization of interest expense incurred in sale and leaseback transactions under the Economic Recovery Tax Act of 1981 (ERTA) safe harbor leasing provisions. The regulations affect taxpayers that provide purchase money obligations in connection with these transactions. The text of the
DEPARTMENT OF THE TREASURY : Internal Revenue Service

59. Source of Compensation for Labor or Personal Services

PROPOSED RULES: Labor and personal services; source of compensation,

This document contains new proposed rules that describe the proper basis for determining the source of compensation from labor or personal services performed partly within and partly without the United States. The new proposed rules will affect individuals that earn compensation from labor or personal services performed partly within and partly
DEPARTMENT OF THE TREASURY : Internal Revenue Service

60. Guidance Under Section 951 for Determining Pro Rata Share; Correction

PROPOSED RULES: Controlled foreign corporations’ subpart F income; U.S. shareholder's pro rata share; determination guidance; Correction,

This document contains corrections to notice of proposed rulemaking that were published in the Federal Register on August 6, 2004 (69 FR 47822), providing guidance for determining a United States shareholder's pro rata share of a controlled foreign corporation's (CFC's) subpart F income, previously excluded subpart F income withdrawn from
DEPARTMENT OF THE TREASURY : Internal Revenue Service

61. Low-Income Housing Credit Allocation Certification; Electronic Filing

RULES: Low-income housing tax credit allocation certification; electronic filing,

This document contains regulations that facilitate the electronic filing of Form 8609, ``LowIncome Housing Credit Allocation Certification.'' The regulations affect taxpayers who file Form 8609.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

62. Depreciation of MACRS Property That Is Acquired in a Like-Kind Exchange or as a Result of an Involuntary Conversion;

PROPOSED RULES: Modified accelerated cost recovery system property; changes in use; depreciation; correction,

This document corrects a notice of proposed rulemaking; notice of proposed rulemaking by crossreference to temporary regulations; notice of public hearing; and partial withdrawal of proposed regulations (REG10659000, REG13849902) that were published in the Federal Register on Monday, March 1, 2004 (69 FR 9560) relating to the depreciation of
DEPARTMENT OF THE TREASURY : Internal Revenue Service

63. Adjustment To Net Unrealized Built-in Gain

PROPOSED RULES: Adjustment to net unrealized built-in gain,

This document contains proposed regulations under section 1374 that provide for an adjustment to the amount that may be subject to tax under section 1374 in certain cases in which an S corporation acquires assets from a C corporation in an acquisition to which section 1374(d)(8) applies. These proposed regulations provide guidance to certain S
DEPARTMENT OF THE TREASURY : Internal Revenue Service

64. LIFO Recapture Under Section 1363(d)

PROPOSED RULES: C corporations converting to S corporations; LIFO recapture,

This document contains proposed regulations regarding LIFO recapture by corporations converting from C corporations to S corporations. The purpose of the proposed regulations is to provide guidance on the LIFO recapture requirement when the corporation holds inventory accounted for under the lastin, firstout (``LIFO'') method (LIFO inventory)
DEPARTMENT OF THE TREASURY : Internal Revenue Service

65. Timely Mailing Treated as Timely Filing; Hearing

PROPOSED RULES: Timely mailing of documents and payments treated as timely filing and paying; Public hearing,

This document contains a notice of public hearing on proposed regulations that would amend Sec. 301.75021(e) to provide that, other than direct proof of actual delivery, a registered or certified mail receipt is the only prima facie evidence of delivery of documents that have a filing deadline prescribed by the internal revenue laws.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

66. Charitable Remainder Trusts; Application of Ordering Rule; Hearing Cancellation

PROPOSED RULES: Charitable remainder trusts; ordering rule application; hearing cancellation,

This document provides notice of cancellation of a public [[Page 8886]]
hearing on the ordering of rules of section 664(b) for characterizing distributions from charitable remainder trusts.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

67. Loss Limitation Rules; Correction

RULES: Consolidated return regulations—; Loss limitation rules; correction,

This document contains corrections to TD 9118, which was published in the Federal Register on Thursday, March 18, 2004 (69 FR 12799), relating to certain aspects of the temporary regulations addressing the deductibility of losses recognized on dispositions of subsidiary stock by members of a consolidated group and to the consequences of treating
DEPARTMENT OF THE TREASURY : Internal Revenue Service

68. Optional 10-Year Writeoff of Certain Tax Preferences

PROPOSED RULES: Optional 10-year writeoff of certain tax preferences,

This document contains proposed regulations relating to the optional 10year writeoff of certain tax preference items under section 59(e) of the Internal Revenue Code (Code). These proposed regulations provide guidance on the time and manner of making an election under section 59(e). The regulations also provide guidance on revoking an election
DEPARTMENT OF THE TREASURY : Internal Revenue Service

69. Accrual for Certain REMIC Regular Interests

PROPOSED RULES: Original issue discount accrual,

This document contains proposed regulations relating to the accrual of original issue discount (OID) on certain real estate mortgage investment conduit (REMIC) regular interests. The proposed regulations are necessary to provide guidance to REMICs, REMIC regular interest holders and information reporters regarding the accrual of OID. This document
DEPARTMENT OF THE TREASURY : Internal Revenue Service

70. Distributions From a Pension Plan Under a Phased Retirement Program; Correction

PROPOSED RULES: Pension plan distributions under a phased retirement program; correction,

This document contains corrections to a notice of proposed rulemaking that was published in the Federal Register on November 10, 2004 (69 FR 65108), providing rules permitting distributions to be made from a pension plan under a phased retirement program and set forth requirements for a bona fide phased retirement program.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

71. Loss Limitation Rules

RULES: Consolidated return regulations—; Loss limitation rules,

This document contains amendments relating to certain aspects of the temporary regulations addressing the deductibility of losses recognized on dispositions of subsidiary stock by members of a consolidated group and to the consequences of treating subsidiary stock as worthless. In addition, this document contains temporary regulations that clarify
DEPARTMENT OF THE TREASURY : Internal Revenue Service

72. Uniform Capitalization of Interest Expense in Safe Harbor Sale and Leaseback Transactions

PROPOSED RULES: Safe harbor sale and leaseback transactions; uniform capitalization of interest expense,

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing final and temporary regulations relating to the capitalization of interest expense in sale and leaseback transactions under the Economic Recovery Tax Act of 1981 (ERTA) safe harbor leasing provisions. The regulations affect taxpayers that provide
DEPARTMENT OF THE TREASURY : Internal Revenue Service

73. Transfers of Compensatory Options

RULES: Compensatory stock options transfers; cross-reference,

This document contains regulations that provide rules governing transfers of certain compensatory stock options (nonstatutory stock options). The regulations affect persons who have been granted nonstatutory stock options, as well as service recipients who may be entitled to deductions related to the options.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

74. Place for Filing

RULES: Hand-carried returns and other documents; place for filing; section 6091 update; Correction,

Correction

In rule document 0419478 beginning on page 55743 in the issue of Thursday, September 16, 2004, make the following corrections:

1. On page 55743, in the second column, in the first full paragraph, in the tenth line, ``sect;1.60911(b)'' should read ``Sec. 1.60911(b).''

Sec. 1.60912 [Corrected]

2. On page 55744, in the second

DEPARTMENT OF THE TREASURY : Internal Revenue Service

75. Confidential Transactions

RULES: Confidential transactions; correction,

Correction

In rule document 0331900 beginning on page 75128 in the issue of Tuesday, December 30, 2003, make the following correction:

Sec. 1.60114 [Corrected]

On page 75130, in Sec. 1.60114, in the second column, after paragraph (b)(3)(v), add
``* * * * *''
to the end of the paragraph.
[FR Doc. C331900 Filed 12904; 8:45 am]
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DEPARTMENT OF THE TREASURY : Internal Revenue Service

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