Bulletin No. 2006-9 February 27, 2006

fide resident of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the U.S. Virgin Islands. The regulations also provide rules for determining residency for purposes of section 881(b). Related regulations concerning the source and effectively connected income rules, together with other conforming changes, particularly under sections 931 through 935, will be finalized in a forthcoming Treasury decision.

Notice 2006–16, page 538. This notice provides examples of transactions that are not the same or substantially similar to those in Notice 2002–35 ( i.e., are not “listed transactions”), such that the filing of Form 8886, Reportable Transaction Disclosure Statement, is not required. Further, for taxpayers who would be required to file a Form 8886 for transactions that are the same or substantially similar as those described in Notice 2002–35 solely as a result of the taxpayers’ interest in a pass-through entity, this notice creates a disclosure requirement safe harbor. Notice 2002–35 clarified and modified.