Part III of Form 8898 elicits information relevant to determining whether an

individual has closer connections to the United States or a foreign country than to the relevant possession for purposes of the closer connection test of § 937(a). Part IV of Form 8840 elicits substantially the same information for determining whether an individual has a closer connection to a foreign country for purposes of the closer connection test of § 7701(b). Much of the information elicited reflects the facts and circumstances specifically set forth in the regulations. See Treas. Reg. §§ 1.937–1(e)(1)(i); 301.7701(b)–2(d).

Since the release of Form 8898, Treasury and the IRS have received comments concerning the reporting burden with respect to some of the information that individuals are required to provide on the form. In light of these comments, Treasury and the IRS intend to revise Forms 8898 and 8840, and the corresponding instructions, to modify the information required on lines 17 and 29 of Form 8898 and lines 20 and 31 of Form 8840. Until such time, taxpayers required to file Form 8898 or Form 8840 should disregard those line items. Because the closer connection tests of §§ 937(a) and 7701(b) are facts-and-circumstances tests, all of the factors described in Forms 8898 and 8840 are material in the determination of whether an individual is considered, respectively, a bona fide resident of a U.S. possession or a resident of the United States. Therefore, filers are required to retain the information previously elicited on lines 17 and 29 of Form 8898 or on lines 20 and 31 of Form 8840 in their books and records along with any other relevant information so that the information may be readily available for inspection in the event of an examination. See Treas. Reg. § 1.6001–1.

DRAFTING INFORMATION

The principal author of this notice is J. David Varley of the Office of Associate Chief Counsel (International). For further information regarding this notice, contact Mr. Varley at (202) 435–5262 (not a tollfree call).

Weighted Average Interest Rate Update

Notice 2006–74

Sections 412(b)(5)(B) and 412(l)(7) (C)(i) of the Internal Revenue Code generally provide that the interest rates used to calculate current liability for purposes of determining the full funding limitation under § 412(c)(7) and the required contribution under § 412(l) must be within a permissible range around the weighted average of the rates of interest on 30-year Treasury securities during the four-year

2006–35 I.R.B. 339 August 28, 2006

other guidance published in the Internal Revenue Bulletin.

The rate of interest on 30-year Treasury securities for July 2006 is 5.13 percent. The Service has determined this rate as the monthly average of the daily determination of yield on the 30-year Treasury bond maturing in February 2036.

The following 30-year Treasury rates were determined for the plan years beginning in the month shown below.

period ending on the last day before the beginning of the plan year.

Notice 88–73, 1988–2 C.B. 383, provides guidelines for determining the weighted average interest rate and the resulting permissible range of interest rates used to calculate current liability for the purpose of the full funding limitation of § 412(c)(7) of the Code.

Section 417(e)(3)(A)(ii)(II) defines the applicable interest rate, which must be used for purposes of determining the

minimum present value of a participant’s benefit under § 417(e)(1) and (2), as the annual rate of interest on 30-year Treasury securities for the month before the date of distribution or such other time as the Secretary may by regulations prescribe. Section 1.417(e)–1(d)(3) of the Income Tax Regulations provides that the applicable interest rate for a month is the annual interest rate on 30-year Treasury securities as specified by the Commissioner for that month in revenue rulings, notices or

30-Year

For Plan Years Treasury 90% to 105% 90% to 110%

Beginning in: Weighted Permissible Permissible Month Year Average Range Range

August 2006 4.84 4.35 to 5.08 4.35 to 5.32

Friday. Mr. Stern may be reached at 202–283–9703. Mr. Montanaro may be reached at 202–283–9714. The telephone numbers in the preceding sentences are not toll-free.

Drafting Information

The principal authors of this notice are Paul Stern and Tony Montanaro of the Employee Plans, Tax Exempt and Government Entities Division. For fur

ther information regarding this notice, please contact the Employee Plans’ taxpayer assistance telephone service at 1–877–829–5500 (a toll-free number), between the hours of 8:30 a.m. and 4:30 p.m. Eastern time, Monday through

August 28, 2006 340 2006–35 I.R.B.

their names, their city and state, their professional designation, the effective date of disciplinary action, and the period of suspension. This announcement will appear in the weekly Bulletin at the earliest practicable date after such action and will continue to appear in the weekly Bulletins for five successive weeks.

Under Title 31, Code of Federal Regulations, Part 10, attorneys, certified public accountants, enrolled agents, and enrolled actuaries may not accept assistance from, or assist, any person who is under disbarment or suspension from practice before the Internal Revenue Service if the assistance relates to a matter constituting practice before the Internal Revenue Service and may not knowingly aid or abet another

person to practice before the Internal Revenue Service during a period of suspension, disbarment, or ineligibility of such other person.

To enable attorneys, certified public accountants, enrolled agents, and enrolled actuaries to identify persons to whom these restrictions apply, the Director, Office of Professional Responsibility, will announce in the Internal Revenue Bulletin

2006–35 I.R.B. 343 August 28, 2006

The following individuals have been placed under consent suspension from practice before the Internal Revenue Service:

Under Title 31, Code of Federal Regulations, Part 10, an attorney, certified public accountant, enrolled agent, or enrolled actuary, in order to avoid the institution or conclusion of a proceeding for his or her disbarment or suspension from practice before the Internal Revenue Service,

may offer his or her consent to suspension from such practice. The Director, Office of Professional Responsibility, in his discretion, may suspend an attorney, certified public accountant, enrolled agent, or enrolled actuary in accordance with the consent offered.

Name Address Designation Date of Suspension

Crane, Stephen Palm Springs, CA Enrolled Agent May 4, 2006 to August 3, 2007

Cohen, Ronald J. Newburgh, NY Attorney Indefinite from June 21, 2006

Layson, David A. Corydon, IN Attorney April 7, 2006 to October 6, 2007

Brough, Donald L. Salem, IN CPA July 1, 2006 to June 30, 2010

Gulian, Yervant Great Neck, NY CPA April 17, 2006 to December 16, 2007

Rivera-Smith, Dawn Brick, NJ CPA May 30, 2006 to November 29, 2008

Eckstein, Matthew Woodbury, NY CPA June 15, 2006 to March 14, 2007

Hecht, Jodee L. Clifton, VA CPA Indefinite from June 19, 2006

Finch, Phillip W. Yorktown, VA CPA Indefinite from June 22, 2006

Troese Jr., Henry A. Clarion, PA Enrolled Agent Indefinite from June 22, 2006

Robbins, Ronald E. Pittsford, VT CPA June 24, 2006 to June 23, 2008

Shapiro, Sidney C. West Palm Beach, FL CPA Indefinite from July 1, 2006

August 28, 2006 344 2006–35 I.R.B.

Name Address Designation Date of Suspension

Martini, Anthony Stamford, CT CPA June 18, 2006 to December, 17, 2007

Cunningham, William Philadelphia, PA CPA July 1, 2006 to March 31, 2007

Simontacchi, Joseph F. Morris Plains, NJ CPA Indefinite from July 1, 2006

Carroccio, Ronald P. Staten Island, NY CPA Indefinite from July 1, 2006

Miller, Walter P. Roanoke, VA CPA Indefinite from July 1, 2006

Aneji, Patrick Houston, TX CPA Indefinite from June 22, 2006

Rosenbloom, Mark L. Chicago, IL Attorney August 15, 2006 to August 14, 2007

Viener, Ira S. Fort Lee, NJ CPA Indefinite from August 1, 2006

Ganz, Sheldon M. Great Neck, NJ CPA Indefinite from August 1, 2006

Tomasulo, Maria Wantagh, NY CPA Indefinite from August 7, 2006

Galpern, Joel G. North Miami, FL CPA Indefinite from September 1, 2006

2006–35 I.R.B. 345 August 28, 2006

The following individuals have been placed under suspension from practice before the Internal Revenue Service by virtue of the expedited proceeding provisions:

Under Title 31, Code of Federal Regulations, Part 10, the Director, Office of Professional Responsibility, is authorized to immediately suspend from practice before the Internal Revenue Service any practitioner who, within five years from the date

the expedited proceeding is instituted (1) has had a license to practice as an attorney, certified public accountant, or actuary suspended or revoked for cause or (2) has been convicted of certain crimes.

Name Address Designation Date of Suspension

Dolan Jr., John L. Memphis, TN Attorney Indefinite from April 3, 2006

St. Mary, Randall L. Snohomish, WA Attorney Indefinite from April 3, 2006

Theriault, Michael J. Bel Air, MD Attorney Indefinite from April 3, 2006

Smith, Bernard P. Marblehead, MA Attorney Indefinite from April 3, 2006

Bradley, Phillip M. West Point, VA Attorney Indefinite from April 3, 2006

Haefele, Richard J. Wayzata, MN Attorney Indefinite from April 3, 2006

Decker, William E. Mandeville, LA Attorney Indefinite from April 3, 2006

Arbour, John J. Monroe, LA Attorney Indefinite from April 3, 2006

Keller, John S. Martin Kenner, LA Attorney Indefinite from April 3, 2006

Fallon, Charles D. Neptune, NJ Attorney Indefinite from April 3, 2006

Agresti, Thomas J. Centennial, CO Attorney Indefinite from April 3, 2006

Kirsch, Craig F. Pittsburgh, PA CPA Indefinite from April 3, 2006

August 28, 2006 346 2006–35 I.R.B.

Name Address Designation Date of Suspension

Hall, Lenny G. McDowell, KY CPA Indefinite from April 11, 2006

Hultgren, Jerry R. Fresno, CA Attorney Indefinite from April 11, 2006

Loutos, Peter A. Chicago, IL Attorney Indefinite from April 11, 2006

Smith III, Frank L. Bushnell, FL Attorney Indefinite from April 11, 2006

Morley, Michael J. Springfield, PA CPA Indefinite from April 11, 2006

Waters, Richard W. Smithfield, UT CPA Indefinite from April 11, 2006

Hartgraves, Travis M. Abilene, TX Attorney Indefinite from April 14, 2006

Dunn, George T. Lockhart, TX Attorney Indefinite from April 14, 2006

Adkins, Thomas R. Houston, TX Attorney Indefinite from April 14, 2006

Hairston, John W. Sugar Land, TX Attorney Indefinite from April 26, 2006

Marcone, Frank J. Upper Providence, PA Attorney Indefinite from May 1, 2006

Fraley, Donald J. Minneapolis, MN Attorney Indefinite from May 3, 2006

Tooke, S. Judd Shreveport, LA Attorney Indefinite from May 3, 2006

Reilly, Michael G. Council Bluffs, IA Attorney Indefinite from May 3, 2006

Faneuil, Robert A Newton, MA Attorney Indefinite from May 3, 2006

2006–35 I.R.B. 347 August 28, 2006

Name Address Designation Date of Suspension

Maignan, Peter R. Upper Marlboro, MD Attorney Indefinite from May 3, 2006

Son, David Phoenix, AZ Attorney Indefinite from May 5, 2006

Susman, Warren I. New York, NY Attorney Indefinite from May 8, 2006

Wurst, Jerome Arlington, TX Attorney Indefinite from May 8, 2006

O’Shea, Joseph G. Jackson Heights, NY Attorney Indefinite from May 8, 2006

Biegelson, Alan Brooklyn, NY Attorney Indefinite from May 8, 2006

Leonard, Robert K. Winston-Salem, NC Attorney Indefinite from May 8, 2006

Cassidy, Michael M. Madison, WI Attorney Indefinite from May 8, 2006

Dobkin, Daniel B. New Hyde Park, NY Attorney Indefinite from May 8, 2006

Nealy, Joseph L. Sugarland, TX Attorney Indefinite from May 16, 2006

Conmey, Edwin W. Oconomowoc, WI Attorney Indefinite from May 16, 2006

Knott Jr., Robert T. Los Angeles, CA Attorney Indefinite from May 16, 2006

Diamond, Howard S. Mendham, NJ Attorney Indefinite from May 16, 2006

Fitzgerald, Bill L. Lubbock, TX Attorney Indefinite from May 16, 2006

Brubaker, Gregory A. San Francisco, CA Attorney Indefinite from May 18, 2006

Dodenbier, Robert F. Lehi, UT Attorney Indefinite from May 18, 2006

August 28, 2006 348 2006–35 I.R.B.

Name Address Designation Date of Suspension

Young, Paul J. Taft, CA Attorney Indefinite from June 8, 2006

Dahodwala, Fatema Andover, MA Attorney Indefinite from June 8, 2006

Mendola, Joseph E. Monessen, PA CPA Indefinite from June 8, 2006

Rooney, Edward F. Minneapolis, MN Attorney Indefinite from June 8, 2006

Long, Rebecca L. Wichita, KS Attorney Indefinite from June 8, 2006

West, Clifton C. Fayetteville, NC Attorney Indefinite from June 8, 2006

Silva, Zoilo I. City Island, NY Attorney Indefinite from June 8, 2006

Tyler Jr., Earle S. Bangor, ME Attorney Indefinite from June 12, 2006

Horneber, Alice S. Sioux City, IA Attorney Indefinite from June 12, 2006

Donnelly, Christine M. Blue Springs, MO Attorney Indefinite from June 12, 2006

Driscoll Jr., Peter Columbia, MD Attorney Indefinite from June 12, 2006

Souza, John C. Pocatello, ID Attorney Indefinite from June 12, 2006

Crockett, Kevin J. Midvale, UT Attorney Indefinite from June 12, 2006

White, Debra M. Wyatt Navasota, TX CPA Indefinite from June 12, 2006

Wilkins, Daniel J. Chelmsford, MA Attorney Indefinite from June 12, 2006

Merica, Chad L. Murray, UT CPA Indefinite from June 12, 2006

2006–35 I.R.B. 349 August 28, 2006

Name Address Designation Date of Suspension

Wintroub, David S. Omaha, NE Attorney Indefinite from June 12, 2006

Smith, Roderick E. Kansas City, MO Attorney Indefinite from June 12, 2006

Guida, Joseph M. Aberdeen, MD Attorney Indefinite from June 12, 2006

Sonibare, Nash St. Paul, MN CPA Indefinite from June 12, 2006

Braun, Marc W. St. Louis, MO Attorney Indefinite from June 12, 2006

Coffey, John J. Rye, NH Attorney Indefinite from June 12, 2006

Whitehead, H. Allen New York, NY Attorney Indefinite from June 12, 2006

Lansky, Sidney Mattapoisett, MA Attorney Indefinite from June 12, 2006

Pazniokas, Paul M. Norwood, MA Attorney Indefinite from June 12, 2006

Bajgrowicz, James J. Santa Rosa, CA Attorney Indefinite from June 12, 2006

Davis, Bret J. Los Angeles, CA Attorney Indefinite from June 12, 2006

McAvoy, Timothy Chicago, IL Attorney Indefinite from June 12, 2006

Loffadelli, Thomas C. Studio City, CA Attorney Indefinite from June 12, 2006

Emeziem, Kelechi C. Antioch, CA Attorney Indefinite from June 12, 2006

Pugh, William C. Wayzata, MN Attorney Indefinite from June 12, 2006

Lamanna, Eugene C. Reading, PA Attorney Indefinite from June 12, 2006

August 28, 2006 350 2006–35 I.R.B.

Name Address Designation Date of Suspension

Bartels, John R. St. Paul, MN Attorney Indefinite from June 12, 2006

Shapiro, Kenneth S. Bala Cynwyd, PA CPA Indefinite from June 14, 2006

Stone, Jerry W. Austin, TX Attorney Indefinite from June 21, 2006

Vanriper, Philip E. Binghamton, NY Attorney Indefinite from June 21, 2006

Simuro, Valerie T. Gardiner, NY Attorney Indefinite from June 21, 2006

Simms, William K. Brooklyn, NY Attorney Indefinite from June 21, 2006

Weaver, Terring M. Clarksburg, WV CPA Indefinite from July 1, 2006

Norman, Clarence Brooklyn, NY Attorney Indefinite from August 3, 2006

Knight, John G. Winston-Salem, NC Attorney Indefinite from August 3, 2006

Kronegold, Sheldon H. Englewood, NJ Attorney Indefinite from August 3, 2006

Foushee, Wayne H. Winston-Salem, NC Attorney Indefinite from August 3, 2006

Under Title 31, Code of Federal Regulations, Part 10, after notice and an opportunity for a proceeding before an ad

ministrative law judge, the following individuals have been placed under suspension

from practice before the Internal Revenue Service:

Name Address Designation Effective Date

Kahn, Harold Hollis, NY CPA June 26, 2006 to June 25, 2010

2006–35 I.R.B. 351 August 28, 2006

Under Title 31, Code of Federal Regulations, Part 10, after notice and an oppor

tunity for a proceeding before an administrative law judge, the following individu

als have been disbarred from practice before the Internal Revenue Service:

Name Address Designation Effective Date

Gailey, James N. Huntersville, NC CPA June 5, 2006

Under Title 31, Code of Federal Regulations, Part 10, in lieu of a proceeding being instituted or continued, an attorney, certified public accountant, enrolled agent,

or enrolled actuary, may offer his or her consent to the issuance of a censure. Censure is a public reprimand.

The following individuals have consented to the issuance of a Censure:

Name Address Designation Date of Censure

Williams, Daniel S. Carlsbad, CA Attorney March 29, 2006

Azan, Reinaldo L. Miami Beach, FL CPA July 24, 2006

Golub, Stephen B. Norwalk, CT CPA August 3, 2006

August 28, 2006 352 2006–35 I.R.B.