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76. Safe Harbor for Valuation Under Section 475; Correction

PROPOSED RULES: Safe harbor for valuation under section 475; correction,

This document contains corrections to a notice of proposed rulemaking and notice of public hearing that was published in the Federal Register on Tuesday, May 24, 2005 (70 FR 29663). The proposed regulations provide guidance regarding elective safe harbor for dealers and traders in securities and commodities.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

77. Guidance Under Section 1502; Miscellaneous Operating Rules for Successor Persons; Succession to Items of the

PROPOSED RULES: Section 1502 miscellaneous operating rules for successor persons; succession to items of liquidating corporation,

This document contains proposed regulations under section 1502 that provide guidance regarding the manner in which the intercompany items of a liquidating member are succeeded to, and taken into account, in cases in which more than one distributee member acquires the assets of the liquidating corporation in a complete liquidation to which section
DEPARTMENT OF THE TREASURY : Internal Revenue Service

78. Information Reporting Relating to Taxable Stock Transactions

RULES: Taxable stock transactions; reporting requirements,

This document contains final regulations requiring information reporting by a corporation if control of the corporation is acquired, or the corporation has a substantial change in capital structure, and the corporation or any shareholder is required to recognize gain (if any) under section 367(a) and the regulations. This document also contains
DEPARTMENT OF THE TREASURY : Internal Revenue Service

79. Revised Regulations Concerning Disclosure of Relative Values of Optional Forms of Benefit; Hearing

PROPOSED RULES: Optional forms of benefit; relative values disclosure; hearing,

This document contains a notice of public hearing on proposed regulations concerning content requirements applicable to explanations of qualified joint and survivor annuities and qualified preretirement survivor annuities payable under certain retirement plans.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

80. Qualified Amended Returns; Correction

RULES: Qualified amended returns; temporary regulations; Correction,

This document corrects a correction to temporary regulations (TD 9186) which was published in the Federal Register on June 23, 2005 (70 FR 36345). The temporary regulations modify the rules relating to qualified amended returns by providing additional circumstances that end the period within which a taxpayer may file an amended return that
DEPARTMENT OF THE TREASURY : Internal Revenue Service

81. Elimination of Forms of Distribution in Defined Contribution Plans; Correction

RULES: Defined contribution plans; distribution forms elimination; correction,

This document contains corrections to (TD 9176), which were published in the Federal Register on Tuesday, January 25, 2005 (70 FR 3475). These final regulations would modify the circumstances under which certain forms of distribution previously available are permitted to be eliminated from qualified defined contribution plans.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

82. Section 1374 Effective Dates; Correction

RULES: S corporations; section 1374 effective dates; Correction,

This document corrects temporary regulations (TD 9170) that were published in the Federal Register on Wednesday, December 22, 2004 (69 FR 76612). The document contains temporary regulations providing guidance concerning the applicability of section 1374 to S corporations that acquire assets in carryover basis transactions from C corporations on or
DEPARTMENT OF THE TREASURY : Internal Revenue Service

83. Information Returns by Donees Relating to Qualified Intellectual Property Contributions; Correction

RULES: Correction,

This document contains a correction to temporary regulations (TD 9206) that was published in the Federal Register on Monday, May 23, 2005 (70 FR 29450) providing guidance for the filing of information returns by donees relating to qualified intellectual property contributions.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

84. Charitable Remainder Trusts; Application of Ordering Rule

RULES: Charitable remainder trusts; ordering rule application,

This document contains final regulations on the ordering rules of section 664(b) of the Internal Revenue Code for characterizing distributions from charitable remainder trusts (CRTs). The final regulations reflect changes made to income tax rates, including the rates applicable to capital gains and certain dividends, by the Taxpayer Relief Act of
DEPARTMENT OF THE TREASURY : Internal Revenue Service

85. Credit for Increasing Research Activities

RULES: Credit for increasing research activities,

This document contains temporary regulations relating to the computation and allocation of the credit for increasing research activities for members of a controlled group of corporations or a group of trades or businesses under common control. These temporary regulations reflect changes made to section 41 by the Revenue Reconciliation Act of 1989
DEPARTMENT OF THE TREASURY : Internal Revenue Service

86. Section 411(d)(6) Protected Benefits

PROPOSED RULES: Protected benefits; section 411(d)(6) anti-cutback rules; public hearing,

This document contains proposed regulations providing guidance on certain issues relating to the anticutback rules of section 411(d)(6) of the Internal Revenue Code, which generally protect accrued benefits, early retirement benefits, retirementtype subsidies, and optional forms of benefit under qualified retirement plans. The proposed regulations
DEPARTMENT OF THE TREASURY : Internal Revenue Service

87. Adjustment To Net Unrealized Built-in Gain

RULES: Net unrealized built-in gain; adjustment,

This document contains final 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 final regulations provide guidance to certain S
DEPARTMENT OF THE TREASURY : Internal Revenue Service

88. Updated Mortality Tables for Determining Current Liability

PROPOSED RULES: Mortality tables for determining current liability; update,

This document contains proposed regulations under section 412(l)(7)(C)(ii) of the Internal Revenue Code (Code) and section 302(d)(7)(C)(ii) of the Employee Retirement Income Security Act of 1974 (ERISA) (Pub. L. 93406, 88 Stat. 829). These regulations provide the public with guidance regarding mortality tables to be used in determining current
DEPARTMENT OF THE TREASURY : Internal Revenue Service

89. Source of Income From Certain Space and Ocean Activities; Source of Communications Income

PROPOSED RULES: Space and ocean activities and communications; source of income; public hearing,

This document contains proposed regulations under section 863(d) governing the source of income from certain space and ocean activities. It also contains proposed regulations under section 863(a), (d), and (e) governing the source of income from certain communications activities. This document also contains proposed regulations under section
DEPARTMENT OF THE TREASURY : Internal Revenue Service

90. Prohibited Allocations of Securities in an S Corporation; Correction

RULES: Retirement plans—; S corporation securities; prohibited allocations; correction,

This document corrects temporary regulations (TD 9164) that were published in the Federal Register on Friday, December 17, 2004 (69 FR 75455) concerning requirements for employee stock ownership plans (ESOPs) holding stock of Subchapter S corporations.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

91. Corporate Reorganizations; Guidance on the Measurement of Continuity of Interest

RULES: Corporate reorganizations; interest continuity measurement; Correction,

Correction

In rule document 0518263 beginning on page 54631 in the issue of Friday, September 16, 2005, make the following correction:

PART 1[CORRECTED]

On page 54634, under PART 1INCOME TAXES, in the second column, in amendatory instruction 11, in the second line, ``where the language'' should read ``remove the language''.
[FR Doc.

DEPARTMENT OF THE TREASURY : Internal Revenue Service

92. Value of Life Insurance Contracts When Distributed From a Qualified Retirement Plan

RULES: Life insurance value when distributed from qualified retirement plan,

This document contains final regulations under section 402(a) of the Internal Revenue Code regarding the amount includible in a distributee's income when life insurance contracts are distributed by a qualified retirement plan and regarding the treatment of property sold by a qualified retirement plan to a plan participant or beneficiary for less
DEPARTMENT OF THE TREASURY : Internal Revenue Service

93. Statutory Mergers and Consolidations

PROPOSED RULES: Corporate statutory mergers and consolidations; definition and public hearing; cross-reference; correction,

This document amends previously proposed regulations published in the Federal Register on January 24, 2003 (REG12648501, 20039 I.R.B. 542, 68 FR 3477) by crossreference to temporary regulations. Those regulations define the term statutory merger or consolidation as that term is used in section 368(a)(1)(A). This notice of proposed rulemaking
DEPARTMENT OF THE TREASURY : Internal Revenue Service

94. Obligations of States and Political Subdivisions

RULES: Private activity bonds; definition,

This document contains final regulations on the definition of private activity bond applicable to taxexempt bonds issued by State and local governments. These regulations affect issuers of taxexempt bonds and provide needed guidance for applying the private activity bond restrictions to refunding issues.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

95. Attained Age of the Insured Under Section 7702

PROPOSED RULES: Attained age of the insured under section 7702,

This document contains proposed regulations explaining how to determine the attained age of an insured for purposes of testing whether a contract qualifies as a life insurance contract for Federal income tax purposes. This document also provides notice of a public hearing on these proposed regulations.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

96. Allocation and Apportionment of Deductions for Charitable Contributions

RULES: Charitable contributions; allocation and apportionment of deductions,

This document contains final regulations relating to the allocation and apportionment of the deduction for charitable contributions allowed under sections 170, 873(b)(2), and 882(c)(1)(B) and the deduction for charitable contributions allowed under an income tax treaty. These regulations apportion the deduction for charitable contributions on the
DEPARTMENT OF THE TREASURY : Internal Revenue Service

97. 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 amendments to 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.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

98. Partner's Distributive Share

PROPOSED RULES: Partner's distributive share,

The proposed regulations provide rules for testing the substantiality of an allocation under section 704(b) where the partners are lookthrough entities or members of a consolidated group, provide additional guidance on the effect of other provisions, such as section 482, upon the tax treatment of a partner with respect to the partner's
DEPARTMENT OF THE TREASURY : Internal Revenue Service

99. Corporate Reorganizations; Guidance on the Measurement of Continuity of Interest

RULES: Corporate reorganizations; interest continuity measurement,

This document contains final regulations that provide guidance regarding the satisfaction of the continuity of interest requirement for corporate reorganizations. The final regulations affect corporations and their shareholders.
DEPARTMENT OF THE TREASURY : Internal Revenue Service

100. Guidance Under Section 7874 for Determining Ownership by Former Shareholders or Partners of Domestic Entities

PROPOSED RULES: Domestic entities; determining ownership by former shareholders or partners; Section 7874 guidance; cross-reference,

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the disregard of affiliateowned stock in determining the percentage of stock of a foreign corporation held by former shareholders or partners of a domestic entity, in order to determine whether the foreign corporation is
DEPARTMENT OF THE TREASURY : Internal Revenue Service

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