ADMINISTRATIVE

REG–138176–02, page 710. Proposed regulations under section 7502 of the Code amend regulations section 301.7502–1 to provide that, other than direct proof of actual delivery, a registered or certified mail receipt is the only prima facie evidence of delivery of documents that have a filing deadline prescribed by the internal revenue laws. The regulations are necessary to provide greater certainty on this issue and to provide specific guidance. The regulations affect taxpayers who mail federal tax documents to the Internal Revenue Service or the United States Tax Court.

(Continued on the next page)

Notice 2004–68, page 706. This notice announces that the IRS and Treasury will amend regulations section 301.7701–2(b)(8) to include certain foreign entities on the list of entities always treated as corporations under section 7701 of the Code.

Rev. Proc. 2004–61, page 707. This procedure allocates the national limitation of $400 million for year 2004 for Qualified Zone Academy Bonds (QZABs) among the states (“states” includes the District of Columbia and possessions of the U.S. (American Samoa, Northern Marianas, Puerto Rico, Guam, and the Virgin Islands)). The procedure implements the amendments to section 1397E(e)(1) of the Code made by section 304 of the Working Families Tax Relief Act of 2004, which extended the authority to issue QZABs in the amount of $400 million each for years 2004 and 2005.

Announcement 2004–83, page 712. Recently passed legislation has restored the filing requirement for Forms 8851, Summary of Archer MSAs, for tax year 2004. This announcement details changes to Revenue Procedure 2001–31, which details the format and filing requirements for filing Form 8851, electronically or magnetically.

October 25, 2004 2004–43 I.R.B.