Part IV. Items — Internal Revenue Bulletin 1999-35

comments on the clarity of the proposed regulations and how they can be made easier to understand. All comments will be available for public inspection and copying. A public hearing may be scheduled if requested by any person who timely submits comments. If a public hearing is scheduled, notice of the date, time, and place for the hearing will be published in the Federal Register.

Drafting Information

The principal author of these regulations is Andrew J. Keyso, Office of Assistant Chief Counsel (Income Tax & Accounting). However, other personnel from the IRS and Treasury Department participated in their development.

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Proposed Amendments to the Regulations

Accordingly, 26 CFR part 1 is proposed to be amended as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation for part 1 continues to read in part as follows:

Authority: 26 U.S.C. 7805 * * * Par. 2. In §1.6109–2, is amended by revising paragraphs (a) and (d) to read as follows:

§1.6109–2 Furnishing identifying number of income tax return preparer.

(a) [The text of this proposed paragraph (a) is the same as the text of §1.6109–2T(a) published in T.D. 8835.]

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(d) [The text of this proposed paragraph (d) is the same as the text of §1.6109–2T(d) published in T.D. 8835.]

Robert E. Wenzel, Deputy Commissioner

of Internal Revenue.

(Filed by the Office of the Federal Register on August 11, 1999, 8:45 a.m., and published in the issue of the Federal Register for August 12, 1999, 64 F.R. 43969)

Notice of Proposed Rulemaking by Cross Reference to Temporary Regulations

Furnishing Identifying Number of Income Tax Return Preparer

REG–105237–99

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking by cross reference to temporary regulations.

SUMMARY: The IRS is proposing regulations relating that allow income tax return preparers to elect an alternative to their social security number (SSN) for purposes of identifying themselves on returns they prepare. The text of the temporary regulations T.D. 8835, page 317, also serve as the text of these proposed regulations. The regulations affect individual preparers who elect to identify themselves using a number other than the SSN.

DATES: Written or electronically generated comments and requests for a public hearing must be received by November 10, 1999.

ADDRESSES: Send submissions to: CC:DOM:CORP:R (REG–105237–99), room 5226, Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand delivered Monday through Friday between the hours of 8 a.m. and 5 p.m. to: CC:DOM:CORP:R (REG–105237–99), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW, Washington, DC. Alternatively, taxpayers may submit comments electronically via the Internet by selecting the “Tax Regs” option on the IRS Home Page, or by submitting comments directly to the IRS Internet site at http://www.irs.ustreas.gov/ tax_regs/regslist.html.

FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Andrew J. Keyso, (202) 622-4910; concern

ing submissions, Michael Slaughter, (202) 622-7180 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background

Temporary regulations in the Rules and Regulations section of this issue of the Federal Register (64 F.R. 43910) amends the Income Tax Regulations (26 CFR part 1) relating to section 6109. The temporary regulations provide that an income tax return preparer who is an individual may furnish either a social security number or an alternative identifying number to satisfy the requirements of section 6109(a)(4). The text of those regulations also serves as the text of these proposed regulations. The preamble to the temporary regulations explains the temporary regulations and these proposed regulations.

Special Analyses

It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because these regulations do not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Internal Revenue Code, this notice of proposed rulemaking will be submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business.

Comments and Requests for a Public Hearing

Before these proposed regulations are adopted as final regulations, consideration will be given to any written comments (a signed original and eight (8) copies) and electronic comments that are submitted timely to the IRS. The IRS and Treasury Department specifically request

1999–35 I.R.B. 331 August 30, 1999

are each the common parent of a consolidated group. During Year”.

On page 36110, column 3, §1.1502–21(c)(2)(viii), paragraph (i) of Example 2., lines 2 and 3, the language “of the stock of S, T, P and M. P and M are each common parents of a consolidated” is corrected to read “of the stock of S, T, P, and M. P and M are each the common parent of a consolidated”.
On page 36111, column 1, §1.1502–21(c)(2)(viii), paragraph (i) of Example 3., lines 2 and 3, the language “the stock of S, T, P and M. S, P and M are each common parents of a consolidated” is corrected to read “the stock of S, T, P, and M. S, P, and M are each the common parent of a consolidated”.
On page 36112, column 3, §1.1502–21(g)(5), paragraph (i) of Exam- ple 4., line 3, the language “for 6 years. For Year 6, T has an net operating” is corrected to read “for 6 years. For Year 6, T has a net operating”.
On page 36112, column 3, §1.1502–21(g)(5), paragraph (i) of Exam- ple 5., line 5, the language “unrelated to A, owns all of the stock of P, the” is corrected to read “unrelated to Individual A, owns all of the stock of P, the”.
On page 36113, column 3, §1.1502–21(g)(5), paragraph (i) of Exam- ple 9., line 11, the language “Individual A. On January 1 of Year 3, M” is corrected to read “Individual A. On December 31 of Year 2, M”.
On page 36113, column 3, §1.1502–21(g)(5), paragraph (iii) of Ex- ample 9., lines 1 through 3, the language “M’s January 1 purchase of 51% of P is a section 382 event because it results in an ownership change of S and T that gives rise” is corrected to read “M’s December 31 purchase of 51% of P is a section 382 event because it results in an ownership change of the S loss subgroup that gives rise”.
On page 36113, column 3, §1.1502–21(g)(5), paragraph (v) of Ex- ample 9., lines 1 through 3, the language “Because the SRLY event and the change date of the section 382 event occur on the same date and the SRLY subgroup and loss” is corrected to read “Because the SRLY event occurred within six months of the change date of the section 382 event and the SRLY subgroup and loss”.

Consolidated Returns, Limitations on the Use of Certain Losses and Deductions; Correction

Announcement 99–86

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correction to final regulations.

SUMMARY: This document contains corrections to T.D. 8823, 1999–29 I.R.B. 34, which were published in the Federal Register on Friday, July 2, 1999, (64 F.R. 36092), relating to consolidated returns and limitations on the use of certain losses and deductions.

DATES: This correction is effective July 2, 1999.

FOR FURTHER INFORMATION CONTACT: Jeffrey L. Vogel or Marie MilnesVasquez at (202) 622-7770 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are subject to these corrections are under section 1502 of the Internal Revenue Code.

Need for Correction

As published, final regulations (T.D. 8823, 1999–29 I.R.B. 34) contains errors that may prove to be misleading and are in need of clarification.

Correction of Publication

Accordingly, the publication of the final regulations (T.D. 8823), which were the subject of F.R. Doc. 99–16161, is corrected as follows:

On page 36095, column 3, in the preamble under the heading, Built-in Losses, line 2 from the bottom of the paragraph, the language “latter or the SRLY event or section 382” is corrected to read “latter of the SRLY event or section 382”.

§1.1502–15 [Corrected]

On page 36103, column 1, §1.1502– 15(d), paragraph (i) of Example 3., line 3,

the language “M are each common parents of a” is corrected to read “M are each the common parent of a”.

On page 36103, column 3, §1.1502– 15(d), paragraph (vii) of Example 4., lines 6 and 7, the language “determining the SRLY limitation for these additional losses in Year 4 (or any” is corrected to read “determining the SRLY limitation for this additional loss in Year 4 (or any”.

4 & 5. On page 36104, column 3, §1.1502–15 paragraph (g)(4)(i) and (g)(4)(ii) are corrected to read as follows:

§1.1502–15 SRLY limitation on built-in losses.

- - - - (g) * * *

(4) * * * (i) All members of the SRLY subgroup with respect to those built-in losses are also included in a loss subgroup (as defined in §1.1502–91(d)(2)); and

(ii) All members of a loss subgroup (as defined in §1.1502–91(d)(2)) are also members of a SRLY subgroup with respect to those built-in losses.

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On page 36105, column 1, §1.1502– 15(g)(6), paragraph (v) of Example 1., the last line in the paragraph, the language “and the application of the section 382.” is corrected to read “and the application of section 82.”.
On page 36105, column 1, §1.1502– 15(g)(6), paragraph (ix) of Example 1., the last line in the paragraph, the language “recognized with the recognition period.” is corrected to read “recognized within the recognition period.”.

§1.1502–21 [Corrected]

On page 36109, column 2, §1.1502– 21(c)(2), line 13 from the bottom of the introductory text, the language “(the former group), or for a carryover” is corrected to read “(the former group), whether or not the group is a consolidated group, or for a carryover”.
On page 36110, column 1, §1.1502– 21(c)(2)(viii), paragraph (i) of Example 1., lines 2 and 3, the language “S, T and M. P and M are each common parents of a consolidated group. During Year” is corrected to read “S, T, and M. P and M

August 30, 1999 332 1999–35 I.R.B.

§1.1502–23 [Corrected]

On page 36116, column 1, §1.1502–23(d)(1), second line from the bottom of the paragraph, the language “consolidated return is taxable years is” is corrected to read “consolidated return is”.

Cynthia E. Grigsby, Chief, Regulations Unit, Assistant Chief Counsel (Corporate).

(Filed by the Office of the Federal Register on July 30, 1999, 8:45 a.m., and published in the issue of the Federal Register for August 2, 1999, 64 F.R. 41783)

Foundations Status of Certain Organizations

Announcement 99–87

Association of North Carolina Big

Brothers-Big Sisters Agencies, Greensboro, NC Bachbridge Limited a Non Profit

Inc., Santa Rosa, CA Cooperative Service League, West

Industrial Tribology Institute, Inc.,

Austin, TX In His Footsteps Ministries, Inc.,

Corporation, Riverside, CA Barnabas, Beatrice, NE Beta Pi Boule Inc., Harrisburg, PA Bethea Institute for Research on the

Lexington, OK Interamerican Health and Education

Foundation, San Antonio, TX Intergenerational Community Action

Transformation of Humanity, Boulder, CO Buddha Dharma Kyokai Society Inc.,

Network, Pacific Grove, CA Jos House Inc., Houston, TX Kent Bramlett Foundation, Inc.,

Nashville, TN Life Improvement Inc., Cleburne, TX Living Water Ministries, Inc.,

Emerson, NJ Cardinal Scholarship Fund, North

Tonawanda, NY Long Island Sickle Cell Support Group

Plainfield, NJ Children of Hope, Inc., Brandon, VT Cognitive Developmental Institute for

Youth Incorporated, Osceola, IN Concerned About Recovery Education,

Inc., Bay Shore, NY Manitou Park Affordable Housing

Development Corporation Incorporated, Newark, NJ Mena Area Historic Museum Trust,

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 designations in the Cumulative List of Organizations (Publication 78), or on the presumption arising from the filing of notices under section 508(b) of the Code. This listing does not indicate that the organizations have lost their status as organizations described in section 501(c)(3), eligible to receive deductible contributions.

Former Public Charities. The following organizations (which have been treated as organizations that are not private foundations described in section 509(a) of the Code) are now classified as private foundations: Affordable Housing Alliance Inc., Irvine,

Warner, NH Estonian-Revelia Academic Fund, Inc.,

Chester, OH Council Valley Volunteer Fire Fighters

Mena, AR Minority Unity Foundation, Los Angeles,

Association, Inc., Council, ID Creative Educational Learning Inc.,

Philadelphia, PA Creative Mountain Incorporated, Salida,

CA More Than Conquerors Inc., Lithonia,

GA Nannie Berry Elementary Parent Teacher

CO Crossing the Bridge, Inc., Houston, TX Diversity Business Development

Network, Bellevue, WA Domestic Violence Emergency Services

Org PTO Hendersonville, TN, Hendersonville, TN Natchitoches Student Housing

Corporation, Shreveport, LA National High School Football Hall of

Fame Foundation, Inc., Valdosta, GA Native American Pedagogic Institute,

Bigfork, MT Nautilus Malacology Institute, La Jolla,

of Grant County Ind., Ulysses, KS Edlo Charities Inc., Eagle Rock, VA Education-Yours, Inc., Chagrin Falls,

OH Elder Circle Inc., Scarborough, MA Emma R. Webster Trust UA-Utica

2-2596-0, Buffalo, NY Energy America Education Fund Inc.,

CA Neb Avrohom Chaim Foundation,

Brooklyn, NY Network Housing Inc., Portland,OR New Horizons Haven for Boys

Incorporated, Middletown, OH Nicole Capuana Foundation, Rochester,

NY Niota Flood Control Council, Niota, IL North Pulaski Development &

Management, Inc., North Little Rock, AR Oakview Inc., Columbus, IN Ohio Aerospace Council, Cleveland,

CA Ahepa Hellenic Center, Dayton, OH Amandla Community Development

Corporation, Detroit, MI American Friends of Netivot Family

Student Organization, Fleming Providercare, Inc., Baltimore,

Bowie, MD Eubank Elementary Parent Teacher

Institute Inc., Flushing, NY American Help Network, Inc.,

Middletown, NY American Hope Foundation, Irvington,

MD Freedoms Way Inc., Stem, NC Friends of Karayan Inc., Jamaica, NY FSL Corporation, Morrisville, VT Georgia Center for Community

NJ American Spirit Foundation, Beverly

OH Olatunji International School for Life

Learning, Charlotte, NC One Good Turn Inc., Sedona, AZ Owatonna Youth Baseball Association

Hills, CA Ancient Cities, Ancient Eyes, Inc.,

Redondo Beach, CA Apostles of Christ-A-Confraternity of the

Empowerment, Atlanta, GA Gods Glory Land, Inc., Winchester, VA Grand Valley Public Radio Company,

Grand Junction, CO Greater Grace Downriver Community

Service Corporation, Taylor, MI Hope Development Company, Baltimore,

Faithful, Oakland, CA Applewick Sports Fitness Corp.,

Inc., Owatonna, MN Paramus Affordable Housing

Corporation, Paramus, NJ Peer Inc., Revo, NV

Hamilton, OH

1999–35 I.R.B. 333 August 30, 1999

Wiz Kids Enrichment Center, Rockford,

Pentecostal International Missions for

Christ, Inc., Cleveland, TN Port Stephen Decatur, Decatur, AL Prairie Fire Urban Rural Renewal Inc.,

Sustainable Resource Development,

Lincoln, NE Project Barter Feed, Inc., Boynton Beach,

Bothell, WA T & E, Inc., Cortaro, AZ Texas Child Nutrition & Care

Corporation, Inc., Houston, TX Texas Internal Medicine Educational

IL Write to Change Inc., Clemson, SC Yellow Breeches Creek Allance, Inc.,

Carlisle, PA Youth Business League, Kansas City,

MO Youth Educational Support Services,

Houston, TX If an organization listed above submits information that warrants the renewal of its classification as a public charity or as a private operating foundation, the Internal Revenue Service will issue a ruling or determination letter with the revised classification 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 classification of foundation status in the Internal Revenue Bulletin.

FL Protect the Children, Salt Lake City, UT Public Housing, Inc., Gordo, AL Rebuild Inc., St. Louis, MO Renaissance Worldwide, Inc., San

Ramon, CA A Second Chance-A Haven for Abuse-N

Foundation, Austin, TX Ultimate Potential Fitness and Training

Facility, Inc., Columbus, OH United Helping Hands, San Diego, CA USA Compete Inc., Greeley, CO Utah Amateur Sports Foundation Inc.,

Bountiful, UT Valley Multi Purpose Center, Inc., N.

Hollywood, CA V I A Art Inc., New York, NY Victory Over Addiction International

Battered Women & Children, Philadelphia, PA Serving Humanity and Relief Effort Inc.,

North Logan, UT Shakti Foundation for the Performing

Arts, Torrance, CA Sierra County Eldercare Services, Truth

Inc., Stuart, FL Vietnam Forum Foundation, Inc.,

Houston, TX Westchester Jewish Historical Society

of Consequences, NM S O H I, Glendale, AZ Sun of Man, New York, NY

Inc., Scarsdale, NY Wheels of Fire, Dallas, TX

August 30, 1999 334 1999–35 I.R.B.