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SECTION 24. PAPERWORK

Internal Revenue Bulletin 1997-42 · 2026-10-03 edition · updated 2026-10-04 · United States

REDUCTION ACT

The collections of information contained in this revenue procedure have been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545–1557. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number.

The collections of information in this revenue procedure are in sections 5, 6, 7, 8, 10, 12, and 13. This information is required by the Service to implement the Form 941 ELF Program and to enable taxpayers to file their Forms 941 electroni c a l l y. The information will be used to ensure that taxpayers receive accurate and essential information regarding the filing of their electronic returns and to identify persons involved in the filing of electronic returns. The collections of infor mation are required to retain the benefit of

APPENDIX

Exhibit 1

participating in the Form 941 ELF Program. The likely respondents are business or other for-profit institutions, federal, state or local governments, nonprofit institutions, and small businesses or organizations.

The estimated total annual reporting and recordkeeping burden is 9,305 hours.

The estimated annual burden per respondent/recordkeeper varies from 9 hours to 47 hours, depending on individual circumstances, with an estimated average of 46.53 hours. The estimated number of respondents and recordkeepers is 200. The estimated annual frequency of responses is on occasion.

Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

Letter of Application to Participate in the Form 941 ELF Program as an Agent

AAAPayroll, Inc. 111 Main St. Columbus, NY 11111 EIN XX-XXXXXXX

[Date]

Internal Revenue Service Memphis Service Center Electronic Filing Help Desk P.O. Box 30309 AMF Memphis, TN 38130 Attention: ELF Unit Stop 26

To whom it may concern:

This letter is an application to participate in the electronic filing program for Forms 941 (“Form 941 ELF Program”). I understand and agree to the following which are prerequisites for participation in the Form 941 ELF Program:

  1. I will keep copies of the Form 8655, Reporting Agent Authorization for Magnetic Tape/Electronic Filers (or its equivalent) on file at my principal place of business for a period no less than required under the period of limitation for assessment for the last return filed under its authority. I will provide these Authorizations for examination by the Service upon request.
  2. I will abide by the recordkeeping requirements set forth in section 10.02 of Rev. Proc. 97–47.

October 20 1997 26 1997–42 I R B

  1. I will provide my clients documentation of filed returns as set forth in section 10.03 of Rev. Proc. 97–47.
  2. I will comply with all electronic security restrictions set forth in section 10.04 of Rev. Proc. 97–47 and Publication 1855, Technical Specifications Guide for the Electronic Filing System of Form 941, Employer’s Quarterly Federal Tax Return.
  3. I agree to submit returns that meet the eligibility requirements set forth in section 3.03 of Rev. Proc. 97–47.

[Name, title] of [firm name] is the individual to contact concerning the userid/password. [Name] can be reached at [telephone number]. [Name] has read and understands the rules that apply to the use of the userid/password.

[Name, title] of [firm name and address] is the designated recipient of the Personal Identification Number (PIN). [Name] is authorized to administer and use the PIN as the signature of [firm name] to sign and file tax returns in the Form 941 ELF Program.

I will begin submitting returns using the Form 941 ELF Program for returns due XX quarter 19XX. I estimate that I will be submitting XXX number of returns (no fewer than 10 returns).

I expect to use [software brand name] translation software and EDI release version [number] for electronic transmissions. I have included with this application a Reporting Agent’s List and an Authorization for each taxpayer on my Reporting Agent’s List.

Please contact [name, title & telephone number] to discuss this letter of application.

[Signature of Electronic Filer’s Authorized Signatory]

Attachments:

(1) Agent’s List (2) Authorizations for taxpayers on the Agent’s List

1997–42 I R B 27 October 20 1997

Exhibit 2

Letter of Application to Participate in the Form 941 ELF Program as a Software Developer

AAAPay Developers 111 Main St. Columbus, NY 11111 EIN XX–XXXXXXX

[Date]

Internal Revenue Service Memphis Service Center Electronic Filing Help Desk P.O. Box 30309 AMF Memphis, TN 38130 Attention: ELF Unit Stop 26

To whom it may concern:

This letter is an application to participate in the electronic filing program for Forms 941 (“Form 941 ELF Program”). I understand and agree to the following which is a prerequisite for participation in the Form 941 ELF Program as a software developer:

I will comply with all electronic security restrictions set forth in section 10.04 of Rev. Proc. 97–47 and Publication 1855, Technical Specifications Guide for the Electronic Filing System of Form 941, Employer’s Quarterly Federal Tax Return.

[Name, title] of [firm name] is the individual to contact concerning the userid/password. [Name] can be reached at [telephone number]. [Name] has read and understands the rules that apply to the use of the userid/password.

[Name, title] of [firm name and address] is the designated recipient of the Personal Identification Number (PIN). [Name] is authorized to administer and use the PIN as the signature of [firm name] to test software for use in filing tax returns in the Form 941 ELF Program.

I will provide software to begin submitting returns using the Form 941 ELF Program for returns due XX quarter 19XX. I will use [name of software brand or development name] translation software and EDI release version [number] for electronic transmissions. The software package will be marketed to [reporting agents filing more than XXX returns (no fewer than 10 returns)]. The software is a [standalone or payroll package interface].

Please contact [name, title & telephone number] to discuss this letter of application.

[Signature of Software Developer’s Authorized Signatory]

October 20 1997 28 1997–42 I R B

Exhibit 3

PIN/Userid/Password Receipt

I, [ i n s e rt “name of Authorized Signatory, title, Electronic Filer’s name and addre s s ” ] acknowledge receipt of the [ i n s e rt “userid/password” or “PIN” as appropriate ] for the Form 941 ELF Program.

I understand that I am bound by the requirements and responsibilities regarding [ insert userid/password, or “PIN” as appropri - ate ] as set forth in Rev. Proc. 97–47, and Publication 1855.

[Note: the following paragraph only applies to the PIN receipt] I accept and adopt the PIN as my signature for signing tax returns filed for [ insert “Electronic Filer’s name” ] in the Form 941 ELF Program. I also understand that by entering the PIN, I will be declaring, under penalties of perjury, that to the best of my knowledge and belief, the tax returns being submitted electronically are true, correct, and complete.

For userid/password: [Signature of employee recipient]

For PIN: [Signature of Electronic Filer’s Authorized Signatory]

NOTE: Separate receipts are required for a user identification/password and a PIN.

1997–42 I R B 29 October 20 1997

Announcement of the Expedited Suspension of Attorneys, Certified Public Accountants,…

Under title 31 of the Code of Federal Regulations, section 10.76, the Director of Practice is authorized to immediately suspend from practice before the Internal Revenue Service any practitioner who, within five years, from the date the expedited proceeding is instituted, (1) has had a license to practice as an attorney, certified public accountant, or actuary suspended or revoked for cause; or (2) has been convicted of any crime under title 26 of the United States Code or, of a felony under title 18 of the United States Code involving dishonesty or breach of trust.

Attorneys, certified public accountants, enrolled agents, and enrolled actuaries are

prohibited in any Internal Revenue Service matter from directly or indirectly employing, accepting assistance from, being employed by, or sharing fees with, any practitioner disbarred or suspended from practice before the Internal Revenue Service.

To enable attorneys, certified public accountants, enrolled agents, and enrolled actuaries to identify practitioners under expedited suspension from practice before the Internal Revenue Service, the Director of Practice will announce in the Internal Revenue Bulletin the names and addresses of practitioners who have been suspended from such practice, their designation as att o r n e y, certified public accountant, en

rolled agent, or enrolled actuary, and date or period of suspension. This announcement will appear in the weekly Bulletin at the earliest practicable date after such action and will continue to appear in the weekly Bulletins for five successive weeks or for as many weeks as is practicable for each attorney, certified public accountant, enrolled agent, or enrolled actuary so suspended and will be consolidated and published in the Cumulative Bulletin.

The following individuals have been placed under suspension from practice before the Internal Revenue Service by virtue of the expedited proceeding provisions of the applicable regulations:

Name Address Designation Date of Suspension

Booker, William G. Winston-Salem, NC CPA Indefinite from June 12, 1997 Acevado, Gustavo Laredo, TX Attorney Indefinite from July 23, 1997 Piotti, Wayne H. Homer, NY CPA Indefinite from July 23, 1997 Burley, Franklin R. Monroe, LA CPA Indefinite from July 23, 1997 Kent, William F. Winston-Salem, NC CPA Indefinite from July 23, 1997 Levine, Jack Phoenix, AZ Attorney Indefinite from July 23, 1997 Kapral, Stephen M. Richmond, VA Attorney Indefinite from July 23, 1997 Bell, Abraham E. St. Louis, MO CPA Indefinite from July 30, 1997 Jackson, Paul Burley, ID CPA Indefinite from September 11, 1997 Clay, Henry New York, NY Attorney Indefinite from September 11, 1997 Cooley, Donald Springfield, MO Attorney Indefinite from September 11, 1997 Duke, Charla R. Oakland, CA Attorney Indefinite from September 11, 1997 Devins, George Munsey Park, NY CPA Indefinite from September 11, 1997 Williams, Ronald A. Doylestown, PA Enrolled Agent Indefinite from September 11, 1997

Announcement of the Suspension of Attorneys, Certified Public Accountants, Enrolled…

Under Section 330, Title 31 of the United States Code, the Secretary of the Tr e a s u r y, after due notice and opportunity for hearing, is authorized to suspend or disbar from practice before the Internal Revenue Service any person who has violated the rules and regulations governing the recognition of attorneys, certified public accountants, enrolled agents, or enrolled actuaries to practice before the Internal Revenue Service.

Attorneys, certified public accountants, enrolled agents, and enrolled actuaries are prohibited in any Internal Revenue Service matter from directly or indirectly employ

ing, accepting assistance from, being employed by, or sharing fees with, any practitioner disbarred or under suspension from practice before the Internal Revenue Serv i c e .

To enable attorneys, certified public accountants, enrolled agents, and enrolled actuaries to identify such disbarred or suspended practitioners, the Director of Practice will announce in the Internal Revenue Bulletin the names and addresses of practitioners who have been disbarred or suspended from such practice, their designation as attorney, certified public accoun

tant, enrolled agent, or enrolled actuary, and date of disbarment or period of suspension. This announcement will appear in the weekly Bulletin for five successive weeks or for as many weeks as is practicable for each attorney, certified public accountant, enrolled agent, or enrolled actuary so suspended and will be consolidated and published in the Cumulative Bulletin.

After due notice and opportunity for hearing before an administrative law judge, the following individuals have been suspended from further practice before the Internal Revenue Service:

Name Address Designation Date of Suspension

Makos, Deborah Green Bay, WI Enrolled Agent June 20, 1997 to May 19, 2000 Friberg, John P. Milwaukee, WI CPA July 20, 1997 to June 19, 2001

Announcement of the Disbarment of Attorneys, Certified Public Accountants, Enrolled…

Under Section 330, Title 31 of the United States Code, the Secretary of the Tr e a s u r y, after due notice and opportunity for hearing, is authorized to suspend or disbar from practice before the Internal Revenue Service any person who has violated the rules and regulations governing the recognition of attorneys, certified public accountants, enrolled agents, or enrolled actuaries to practice before the Internal Revenue Service.

Attorneys, certified public accountants, enrolled agents, and enrolled actuaries are prohibited in any Internal Revenue Service matter from directly or indirectly employ

ing, accepting assistance from, being employed by, or sharing fees with, any practitioner disbarred or under suspension from practice before the Internal Revenue Serv i c e .

To enable attorneys, certified public accountants, enrolled agents, and enrolled actuaries to identify such disbarred or suspended practitioners, the Director of Practice will announce in the Internal Revenue Bulletin the names and addresses of practitioners who have been disbarred or suspended from such practice, their designation as attorney, certified public accoun

tant, enrolled agent, or enrolled actuary, and the date of disbarment or period of suspension. This announcement will appear in the weekly Bulletin for five successive weeks or for as many weeks as is practicable for each attorney, certified public accountant, enrolled agent, or enrolled actuary so suspended and will be consolidated and published in the Cumulative Bulletin.

After due notice and opportunity for hearing before an administrative law judge, the following individuals have been disbarred from further practice before the Internal Revenue Service:

Name Address Designation Effective Date

Hoyt III, Walter J. Burns, OR Enrolled Agent July 13, 1997 Lu, John S. New York, NY Enrolled Agent July 21, 1997 McCue, William T. Glen Rock, NJ Attorney July 21, 1997 Foster, Dennis S. Pittsburgh, PA CPA September 8, 1997

1997–42 I R B 43 October 20 1997

Definition of Terms

Revenue rulings and revenue pro c e d u re s ( h e reinafter re f e rred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the e f f e c t :

Amplified describes a situation where no change is being made in a prior published position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. T h u s, 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 m o d i f i e d, 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 confusion. It is not used where a position in a prior ruling is being changed.

D i s t i n g u i s h e d describes a situation where a ruling mentions a previously published ruling and points out an essential 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

Exceptions & meaning →

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.

plies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified a n d c l a r i f i e d, above).

Obsoleted describes a previously published ruling that is not considered determinative with respect to future transactions. 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 r u l i n g may also be obsoleted because the substance has been included in regulations subsequently adopted.

Revoked describes situations where the position in the previously published ruling is not correct and the correct position is being stated in the new ruling.

Superseded describes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the

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.

new ruling does more than restate the substance of a prior ruling, a combination of terms is used. For example, m o d i f i e d and superseded describes a situation where the substance of a previously published 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 supers e d e d .

Supplemented is used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original ruling has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the additions, and supersedes all prior 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.

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.

October 20 1997 44 1997–42 I R B

Numerical Finding List

1

Bulletins 1997–27 through 1997–41

Announcements:

97–61, 1997–29 I.R.B. 13 97–67, 1997–27 I.R.B. 37 97–68, 1997–28 I.R.B. 13 97–69, 1997–28 I.R.B. 13 97–70, 1997–29 I.R.B. 14 97–71, 1997–29 I.R.B. 15 97–72, 1997–29 I.R.B. 15 97–73, 1997–30 I.R.B. 86 97–74, 1997–31 I.R.B. 16 97–75, 1997–32 I.R.B. 28 97–76, 1997–32 I.R.B. 28 97–77, 1997–33 I.R.B. 58 97–78, 1997–34 I.R.B. 11 97–79, 1997–35 I.R.B. 8 97–80, 1997–34 I.R.B. 12 97–81, 1997–34 I.R.B. 12 97–82, 1997–34 I.R.B. 12 97–83, 1997–34 I.R.B. 13 97–84, 1997–34 I.R.B. 13 97–85, 1997–35 I.R.B. 8 97–86, 1997–35 I.R.B. 9 97–87, 1997–35 I.R.B. 9 97–88, 1997–35 I.R.B. 9 97–89, 1997–36 I.R.B. 10 97–90, 1997–36 I.R.B. 10 97–91, 1997–37 I.R.B. 25 97–92, 1997–37 I.R.B. 26 97–93, 1997–36 I.R.B. 11 97–94, 1997–36 I.R.B. 12 97–95, 1997–36 I.R.B. 12 97–96, 1997–39 I.R.B. 15 97–97, 1997–38 I.R.B. 22 97–98, 1997–39 I.R.B. 15 97–99, 1997–40 I.R.B. 7 97–100, 1997–40 I.R.B. 8 97–101, 1997–41 I.R.B. 13 97–102, 1997–41 I.R.B. 15 97–103, 1997–41 I.R.B. 16

Court Decisions:

2061, 1997–31 I.R.B. 5 2062, 1997–32 I.R.B. 8

Delegation Orders: 97 (Rev. 34), 1997–41 I.R.B. 14 172 (Rev. 5), 1997–28 I.R.B. 6

Notices:

97–37, 1997–27 I.R.B. 4 97–38, 1997–27 I.R.B. 8 97–39, 1997–27 I.R.B. 8 97–40, 1997–28 I.R.B. 6 97–41, 1997–28 I.R.B. 6 97–42, 1997–29 I.R.B. 12 97–43, 1997–30 I.R.B. 9 97–44, 1997–31 I.R.B. 15 97–45, 1997–33 I.R.B. 7 97–46, 1997–34 I.R.B. 10 97–47, 1997–35 I.R.B. 5 97–48, 1997–35 I.R.B. 5 97–49, 1997–36 I.R.B. 8 97–50, 1997–37 I.R.B. 21 97–51, 1997–38 I.R.B. 20 97–52, 1997–38 I.R.B. 20 97–53, 1997–40 I.R.B. 6

1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 1997–1 through 1997–26 will be found in Internal Revenue Bulletin 1997–27, dated July 7, 1997.

Notices–Continued

97–54, 1997–41 I.R.B. 7 97–55, 1997–40 I.R.B. 6

Railroad Retirement Quarterly Rate:

1997–28 I.R.B. 5

Proposed Regulations:

REG–104893–97, 1997–29 I.R.B. 13 REG–105160–97, 1997–37 I.R.B. 22 REG–106043–97, 1997–37 I.R.B. 24 REG–107644–97, 1997–32 I.R.B. 24 REG–208151–91, 1997–38 I.R.B. 21

Revenue Procedures:

97–32, 1997–27 I.R.B. 9 97–32A, 1997–34 I.R.B. 10 97–33, 1997–30 I.R.B. 10 97–34, 1997–30 I.R.B. 14 97–35, 1997–33 I.R.B. 11 97–36, 1997–33 I.R.B. 14 97–37, 1997–33 I.R.B. 18 97–38, 1997–33 I.R.B. 43 97–39, 1997–33 I.R.B. 48 97–40, 1997–33 I.R.B. 50 97–41, 1997–33 I.R.B. 5 97–42, 1997–33 I.R.B. 57 97–43, 1997–39 I.R.B. 12 97–44, 1997–41 I.R.B. 8 97–45, 1997–41 I.R.B. 10

Revenue Rulings:

97–27, 1997–27 I.R.B. 4 97–28, 1997–28 I.R.B. 4 97–29, 1997–28 I.R.B. 4 97–30, 1997–31 I.R.B. 12 97–31, 1997–32 I.R.B. 4 97–32, 1997–33 I.R.B. 4 97–33, 1997–34 I.R.B. 4 97–34, 1997–34 I.R.B. 14 97–35, 1997–35 I.R.B. 4 97–36, 1997–36 I.R.B. 5 97–37, 1997–37 I.R.B. 15 97–38, 1997–38 I.R.B. 14 97–39, 1997–39 I.R.B. 4 97–40, 1997–39 I.R.B. 8 97–41, 1997–40 I.R.B. 4 97–42, 1997–41 I.R.B. 4

Treasury Decisions:

8722, 1997–29 I.R.B. 4 8723, 1997–30 I.R.B. 4 8724, 1997–36 I.R.B. 4 8725, 1997–37 I.R.B. 16 8726, 1997–34 I.R.B. 7 8727, 1997–34 I.R.B. 5 8728, 1997–37 I.R.B. 4 8729, 1997–38 I.R.B. 4 8730, 1997–38 I.R.B. 16

1997–42 I R B 45 October 20 1997

Finding List of Current Action on Previously Published Items1

Bulletins 1997–27 through 1997–41

*Denotes entry since last publication

Revenue Procedures:

96–36 Superseded by 97–34, 1997–30 I.R.B. 14

96–42 Superseded by 97–27, 1997–27 I.R.B. 9

97–32 Modified and amplified by 97–32A, 1997–34 I.R.B. 10

Revenue Rulings:

89–42 Supplemented by 97–31, 1997–32 I.R.B. 4

93–76 Clarified, modified, partially obsoleted, and superceded by 97–39, 1997–39 I.R.B 4

94–7 Clarified, modified, partially obsoleted, and superceded by 97–39, 1997–39 I.R.B 4

1 A cumulative finding list for previously published items mentioned in Internal Revenue Bulletins 1997–1 through 1997–26 will be found in Internal Revenue Bulletin 1997–27, dated July 7, 1997.

October 20 1997 46 1997–42 I R B

1997–42 I R B 47 October 20 1997

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