SECTION 11. DISCLOSURE

.01 LMSB PFAs are closing agreements entered into pursuant to § 7121. As such, both an LMSB PFA and the information generated or received by the Service during the LMSB PFA process constitute confidential return information as defined by § 6103 (b)(2)(D). As prescribed by Congress, the Service will publish annual reports summarizing the operation of the LMSB PFA program, consistent with the restrictions of § 6103. LMSB PFAs are not written determinations under § 6110, and accordingly, are exempt from disclosure to the public under the Freedom of Information Act (FOIA).