SECTION 3. TRANSITION RULES

FOR CORPORATIONS FOR TRANSACTIONS OCCURRING IN 2002

.01 A corporation that undergoes an acquisition of control or a substantial change in capital structure (as defined in section 1.6043–4T(c) and (d), respectively) during 2002 for which gain (if any) is required to be recognized due to the application of section 367(a) will satisfy the requirement to furnish Form 1099–CAP to each shareholder of record that is not an exempt recipient (as defined in section 1.6043–4T(b)(6)) by instead furnishing a letter to such shareholder that contains the following language:

On [date], you exchanged shares in

[name of corporation] for new shares

[and cash and other property] in a transaction that may be subject to United States federal income tax due to the application of section 367(a) of the Internal Revenue Code. Depending on your

Reductions of Accruals and Allocations Because of the Attainment of any Age; Application of Nondiscrimination Cross-Testing Rules to Cash Balance Plans; Hearing

Announcement 2003–6

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Change in date and location for public hearing on proposed rulemaking.

SUMMARY: This document provides notice of a change of date and location for the public hearing on proposed regulations (REG–209500–86; REG–164464–02, 2003–2 I.R.B. 262) under sections 401 and 411 regarding the requirements that accruals or allocations under certain retirement plans not cease or be reduced because of the attainment of any age.

DATES: The public hearing is being held on Wednesday, April 9, 2003, at 10 a.m. Outlines of oral comment must be received by Thursday, March 13, 2003.

ADDRESSES: The public hearing is being held in the auditorium, Internal Revenue Building, 1111 Constitution Avenue, NW, Washington, DC. Send submissions to: CC:PA:RU (REG–209500–86 and REG– 164464–02), room 5226, Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand delivered between the hours of 8 a.m. and 4 p.m. to: CC:PA:RU (REG–209500–86 and REG–164464–02), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW, Washington, DC. Alternatively, taxpayers may submit outlines of oral comment electronically directly to the IRS Internet site at www.irs.gov/regs .

FOR FURTHER INFORMATION: Concerning the regulations, Linda Marshall (202) 622–6090; concerning submissions, Sonya M. Cruse (202) 622–7180 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

A notice of proposed rulemaking and notice of public hearing, appearing in the Fed- eral Register on Wednesday, December 11, 2002 (67 FR 76123), announced that a public hearing on proposed regulations relating to the requirements that accruals or allocations under certain retirement plans not cease or be reduced because of the attainment of any age would be held on Thursday, April 10, 2003, in room 4718, Internal Revenue Building, 1111 Constitution Avenue, NW, Washington, DC. Subsequently, the date and location of the public hearing has been changed to Wednesday, April 9, 2003, in the auditorium. Outlines of oral comment must be received by Thursday, March 13, 2003.

Cynthia E. Grigsby, Chief Regulations Unit, Associate Chief Counsel (Procedure and Administration).

(Filed by the Office of the Federal Register on January 16, 2003, 8:45 a.m., and published in the issue of the Federal Register for January 17, 2003, 68 F.R. 2466)

Information Reporting Relating to Acquisitions of Control and Substantial Changes in Capital Structure

Announcement 2003–7

For transactions occurring in 2002, corporations and brokers shall furnish a letter in lieu of Form 1099–CAP.