Bulletin No. 2008-39 September 29, 2008

Notice 2008–76, page 768. This notice addresses the application of section 382 of the Code in the case of certain acquisitions made pursuant to the Housing and Economic Recovery Act of 2008.

EMPLOYEE PLANS

REG–106251–08, page 774. Proposed regulations under section 423 of the Code provide the requirements that must be satisfied in order for a plan to meet the definition of an employee stock purchase plan. Section 423 also addresses the individual income tax treatment of stock acquired pursuant to an option granted under an employee stock purchase plan. The regulations update the existing regulations and provide additional guidance in certain areas.

EXEMPT ORGANIZATIONS

Rev. Proc. 2008–55, page 768. This procedure provides guidance with respect to the classification of Indian tribal entities that the Service recognizes as Indian Tribal Governments under sections 7701(a)(40) and 7871 of the Code. The procedure has been coordinated with a list of federally recognized tribes published by the Department of Interior, Bureau of Indian Affairs. Rev. Proc. 2002–64 superseded.

(Continued on the next page)

ESTATE TAX

T.D. 9421, page 755. Final regulations under section 2642(a)(3) of the Code provide guidance regarding the generation-skipping transfer (GST) tax consequences of the severance of a trust in a manner that is effective under state law, but that does not meet the requirements of a qualified severance under section 2642(a)(3). The regulations also provide guidance regarding the GST tax consequences of a qualified severance of a trust with an inclusion ratio between zero and one into more than two resulting trusts. In addition, the regulations provide special funding rules applicable to the non- pro rata division of certain assets between or among resulting trusts.

September 29, 2008 2008–39 I.R.B.