Part I. Rulings — Internal Revenue Bulletin 2008-49

Section 42.—Low-Income Housing Credit

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231.

Section 280G.—Golden Parachute Payments

Federal short-term, mid-term, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231.

Section 382.—Limitation on Net Operating Loss Carryforwards and Certain Built-In Losses Following Ownership Change

The adjusted applicable federal long-term rate is set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231.

Section 412.—Minimum Funding Standards

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231.

Section 467.—Certain Payments for the Use of Property or Services

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231.

Section 468.—Special Rules for Mining and Solid Waste Reclamation and Closing Costs

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231.

Section 482.—Allocation of Income and Deductions Among Taxpayers

Federal short-term, mid-term, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231.

Section 483.—Interest on Certain Deferred Payments

A ruling provides the dollar amounts, increased by the 2009 inflation adjustment, for section 1274A of the Code. See Rev. Rul. 2008-52, page 1233.

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231.

Section 642.—Special Rules for Credits and Deductions

Federal short-term, mid-term, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231.

Section 807.—Rules for Certain Reserves

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231.

Section 832.—Insurance Company Taxable Income

26 CFR 1.832–4: Gross income.

The salvage discount factors are set forth for 2008. These factors must be used to compute discounted estimated salvage recoverable for purposes of section 832 of the Code. See Rev. Proc. 2008-71, page 1251.

Section 846.—Discounted Unpaid Losses Defined

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231.

26 CFR 1.846–1: Application of discount factors.

The loss payment patterns and discount factors are set forth for the 2008 accident year. These factors will be used for computing discounted unpaid losses under section 846 of the Code. See Rev. Proc. 2008-70, page 1240.

26 CFR 1.846–1: Application of discount factors.

Section 1274.—Determi- nation of Issue Price in the Case of Certain Debt Instru- ments Issued for Property

A ruling provides the dollar amounts, increased by the 2009 inflation adjustment, for section 1274A of the Code. See Rev. Rul. 2008-52, page 1233.

(Also Sections 42, 280G, 382, 412, 467, 468, 482, 483, 642, 807, 846, 1288, 7520, 7872.)

Federal rates; adjusted federal rates; adjusted federal long-term rate and the long-term exempt rate. For purposes of sections 382, 642, 1274, 1288, and other sections of the Code, tables set forth the rates for December 2008.

Rev. Rul. 2008–53

This revenue ruling provides various prescribed rates for federal income tax purposes for December 2008 (the current month). Table 1 contains the short-term, mid-term, and long-term applicable federal rates (AFR) for the current month for purposes of section 1274(d) of the Internal Revenue Code. Table 2 contains the short-term, mid-term, and long-term adjusted applicable federal rates (adjusted AFR) for the current month for purposes of section 1288(b). Table 3 sets forth the adjusted federal long-term rate and the long-term tax-exempt rate described in section 382(f). Table 4 contains the appropriate percentages for determining the low-income housing credit described in section 42(b)(1) for buildings placed in

2008–49 I.R.B. 1231 December 8, 2008

for a term of years, or a remainder or a reversionary interest for purposes of section 7520. Finally, Table 6 contains the 2009 interest rate for sections 846 and 807.

service during the current month. However, under section 42(b)(2), the applicable percentage for non-federally subsidized new buildings placed in service after July

30, 2008, and before December 31, 2013, shall not be less than 9%. Table 5 contains the federal rate for determining the present value of an annuity, an interest for life or

REV. RUL. 2008–53 TABLE 1

Applicable Federal Rates (AFR) for December 2008

Period for Compounding

Annual Semiannual Quarterly Monthly

Short-term

AFR 1.36% 1.36% 1.36% 1.36% 110% AFR 1.51% 1.50% 1.50% 1.50% 120% AFR 1.64% 1.63% 1.63% 1.62% 130% AFR 1.78% 1.77% 1.77% 1.76%

Mid-term

AFR 2.85% 2.83% 2.82% 2.81% 110% AFR 3.13% 3.11% 3.10% 3.09% 120% AFR 3.43% 3.40% 3.39% 3.38% 130% AFR 3.71% 3.68% 3.66% 3.65% 150% AFR 4.30% 4.25% 4.23% 4.21% 175% AFR 5.01% 4.95% 4.92% 4.90%

Long-term

AFR 4.45% 4.40% 4.38% 4.36% 110% AFR 4.90% 4.84% 4.81% 4.79% 120% AFR 5.35% 5.28% 5.25% 5.22% 130% AFR 5.80% 5.72% 5.68% 5.65%

REV. RUL. 2008–53 TABLE 2

Adjusted AFR for December 2008

Period for Compounding

Annual Semiannual Quarterly Monthly

Short-term adjusted 2.20% 2.19% 2.18% 2.18% AFR

Mid-term adjusted AFR 3.82% 3.78% 3.76% 3.75%

Long-term adjusted 5.40% 5.33% 5.29% 5.27% AFR

REV. RUL. 2008–53 TABLE 3

Rates Under Section 382 for December 2008

Adjusted federal long-term rate for the current month 5.40%

Long-term tax-exempt rate for ownership changes during the current month (the highest of the adjusted federal long-term rates for the current month and the prior two months.) 5.40%

December 8, 2008 1232 2008–49 I.R.B.

REV. RUL. 2008–53 TABLE 4

Appropriate Percentages Under Section 42(b)(1) for December 2008

Note: Under Section 42(b)(2), the applicable percentage for non-federally subsidized new buildings placed in service after July 30, 2008, and before December 31, 2013, shall not be less than 9%.

Appropriate percentage for the 70% present value low-income housing credit 7.84%

Appropriate percentage for the 30% present value low-income housing credit 3.36%

REV. RUL. 2008–53 TABLE 5

Rate Under Section 7520 for December 2008

Applicable federal rate for determining the present value of an annuity, an interest for life or a term of years, or a remainder or reversionary interest 3.4%

REV. RUL. 2008–53 TABLE 6

Rates Under Sections 846 and 807

Applicable rate of interest for 2009 for purposes of sections 846 and 807 4.06%

$2,000,000; (B) the lender does not use an accrual method of accounting and is not a dealer with respect to the property sold or exchanged; (C) § 1274 would have applied to the debt instrument but for an election under § 1274A(c); and (D) an election under § 1274A(c) is jointly made with respect to the debt instrument by the borrower and lender. Section 1.1274A–1(c)(1) of the Income Tax Regulations provides rules concerning the time for, and manner of, making this election.

Section 1274A(d)(2) provides that, for any debt instrument arising out of a sale or exchange during any calendar year after 1989, the dollar amounts stated in § 1274A(b) and § 1274A(c)(2)(A) are increased by the inflation adjustment for the calendar year. Any increase due to the inflation adjustment is rounded to the nearest multiple of $100 (or, if the increase is a multiple of $50 and not of $100, the increase is increased to the nearest multiple of $100). The inflation adjustment for any calendar year is the percentage (if any) by which the CPI for the preceding calendar year exceeds the CPI for calendar year 1988. Section 1274A(d)(2)(B) defines the CPI for any calendar year as the average of the Consumer Price Index as of the close of the 12-month period ending on September 30 of that calendar year.

Section 1274A.—Special Rules for Certain Transactions Where Stated Principal Amount Does Not Exceed $2,800,000

26 CFR 1.1274A–1: Special rules for certain trans- actions where stated principal amount does not ex- ceed $2,800,000. (Also §§ 483, 1274.)

Section 1274A – Inflation adjusted numbers for 2009. This ruling provides the dollar amounts, increased by the 2009 inflation adjustment, for section 1274A of the Code. Rev. Rul. 2008–3 supplemented and superseded.

Rev. Rul. 2008–52

This revenue ruling provides the dollar amounts, increased by the 2009 inflation adjustment, for § 1274A of the Internal Revenue Code.

BACKGROUND

In general, §§ 483 and 1274 determine the principal amount of a debt instrument given in consideration for the sale or exchange of nonpublicly traded property. In addition, any interest on a debt instrument subject to § 1274 is taken into account under the original issue discount provisions

of the Code. Section 1274A, however, modifies the rules under §§ 483 and 1274 for certain types of debt instruments.

In the case of a “qualified debt instrument,” the discount rate used for purposes of §§ 483 and 1274 may not exceed 9 percent, compounded semiannually. Section 1274A(b) defines a qualified debt instrument as any debt instrument given in consideration for the sale or exchange of property (other than new § 38 property within the meaning of § 48(b), as in effect on the day before the date of enactment of the Revenue Reconciliation Act of 1990) if the stated principal amount of the instrument does not exceed the amount specified in § 1274A(b). For debt instruments arising out of sales or exchanges before January 1, 1990, this amount is $2,800,000. In the case of a “cash method debt instrument,” as defined in § 1274A(c), the borrower and lender may elect to use the cash receipts and disbursements method of accounting. In particular, for any cash method debt instrument, § 1274 does not apply, and interest on the instrument is accounted for by both the borrower and the lender under the cash method of accounting. A cash method debt instrument is a qualified debt instrument that meets the following additional requirements: (A) In the case of instruments arising out of sales or exchanges before January 1, 1990, the stated principal amount does not exceed

2008–49 I.R.B. 1233 December 8, 2008

INFLATION-ADJUSTED AMOUNTS UNDER § 1274A

For debt instruments arising out of sales or exchanges after December 31, 1989, the

inflation-adjusted amounts under § 1274A are shown in Table 1.

EFFECT ON OTHER DOCUMENTS

Rev. Rul. 2008–3, 2008–2 I.R.B. 249, is supplemented and superseded.

DRAFTING INFORMATION

The author of this revenue ruling is Andrea M. Hoffenson of the Office of the Associate Chief Counsel (Financial Institutions and Products). For further

information regarding this revenue ruling, please contact Ms. Hoffenson at (202) 622–3930 (not a toll-free call).

Section 1288.—Treatment of Original Issue Discount on Tax-Exempt Obligations

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the month

of December 2008. See Rev. Rul. 2008-53, page 1231.

December 8, 2008 1234 2008–49 I.R.B.

Section 6039I.—Returns and Records With Respect to Employer-Owned Life Insurance Contracts

26 CFR 1.6039I–1: Reporting of certain employer- owned life insurance contracts.

T.D. 9431

DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1

Information Reporting on Employer-Owned Life Insurance Contracts

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final regulations and removal of temporary regulations.

SUMMARY: This document contains final regulations concerning information reporting on employer-owned life insurance contracts under section 6039I of the Internal Revenue Code (Code). This final regulation is necessary to provide taxpayers with guidance as to how the requirements of section 6039I should be applied. These regulations generally apply to taxpayers that are engaged in a trade or business and that are directly or indirectly a beneficiary of a life insurance contract covering the life of an insured who is an employee of the trade or business on the date the contract is issued.

DATES: Effective Date: These regulations are effective on November 6, 2008.

Applicability Date: These regulations are applicable for tax years ending after November 6, 2008.

FOR FURTHER INFORMATION CONTACT: Linda K. Boyd, 202–622–3970 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background and Explanation of Provisions

The Pension Protection Act of 2006, Public Law 109–280, 120 Stat. 780

(2006), added sections 101(j) and 6039I to the Code concerning employer-owned life insurance contracts.

Section 101(j)(1) provides that, in the case of an employer-owned life insurance contract, the amount of death benefits excluded from gross income under section 101(a)(1) shall not exceed an amount equal to the sum of the premiums and other amounts paid by the policyholder for the contract. For this purpose, an employer-owned life insurance contract is a life insurance contract that (i) is owned by a person engaged in a trade or business and under which such person is directly or indirectly a beneficiary under the contract, and (ii) covers the life of an insured who is an employee with respect to the trade or business on the date the contract is issued. An applicable policyholder is generally a person who owns an employer-owned life insurance contract, or a related person as described in section 101(j)(3).

Section 101(j)(2) provides exceptions to the general rule of section 101(j)(1) in the case of certain employer-owned life insurance contracts with respect to which certain notice and consent requirements are met. Those exceptions are based either on (i) the insured’s status as an employee within 12 months of death or as a highly compensated employee or highly compensated individual, or (ii) the extent to which death benefits are paid to a family member, trust, or estate of the insured employee, or are used to purchase an equity interest in the applicable policyholder from a family member, trust or estate.

Section 6039I provides that every applicable policyholder that owns one or more employer-owned life insurance contracts shall file a return, at such time and in such manner as the Secretary shall prescribe by regulations, showing for each year the contracts are owned—

(1) The number of employees of the applicable policyholder at the end of the year;

(2) The number of such employees insured under such contracts at the end of the year;

(3) The total amount of insurance in force at the end of the year under such contracts;

(4) The name, address, and taxpayer identification number of the applicable

policyholder and the type of business in which the policyholder is engaged; and

(5) That the policyholder has a valid consent for each insured employee (or, if not all such consents are obtained, the number of insured employees for whom such consent was not obtained).

Section 6039I(c) provides that any term used in section 6039I that is used in section 101(j) has the same meaning given that term by section 101(j).

Sections 101(j) and 6039I apply to life insurance contracts issued after August 17, 2006, except for a contract issued after that date pursuant to a section 1035 exchange for a contract issued before that date. For this purpose, a material increase in the death benefit or other material change causes the contract to be treated as a new contract except that, in the case of a master contract within the meaning of section 264(f)(4)(E), the addition of covered lives is treated as a new contract only with respect to those additional covered lives.

On November 13, 2007, the IRS published temporary regulations in the Fed- eral Register (T.D. 9364, 2007–51 I.R.B. 1177 [72 FR 63806]), which serve as the basis for a cross-reference notice of proposed rulemaking (REG–115910–07, 2007–51 I.R.B. 1214 [72 FR 63838]). The temporary regulations and notice of proposed rulemaking provide that the Commissioner may prescribe the form and manner of satisfying the reporting requirements imposed by section 6039I on applicable policyholders owning one or more employer-owned life insurance contracts issued after August 17, 2006. Pursuant to these regulations, on January 24, 2008, the IRS released Form 8925, “ Report of Employer-Owned Life Insur- ance Contracts ”, for taxpayers to use to comply with the reporting requirements of section 6039I.

No public hearing was requested or held. The IRS received comments from one taxpayer. Those comments primarily concern the notice and consent requirements of section 101(j), rather than the reporting requirements of section 6039I. Accordingly, this Treasury decision adopts the proposed regulations without substantive change and removes the corresponding temporary regulations. In order to make the regulations more useful to taxpayers, this Treasury decision sets forth the

2008–49 I.R.B. 1235 December 8, 2008

§1.6039I–1T [Removed]

Par. 3. Section 1.6039I–1T is removed.

Linda E. Stiff, Deputy Commissioner for Services and Enforcement.

Approved October 16, 2008.

Eric Solomon, Assistant Secretary of the Treasury (Tax Policy).

(Filed by the Office of the Federal Register on November 5, 2008, 8:45 a.m., and published in the issue of the Federal Register for November 6, 2008, 73 F.R. 65981)

Section 7520.—Valuation Tables

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231.

Section 7872.—Treatment of Loans With Below-Market Interest Rates

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the month of December 2008. See Rev. Rul. 2008-53, page 1231.

Section 9037.—Payments to Eligible Candidates

26 CFR 702.9037–2: Payments from the Presidential Primary Matching Payment Account.

T.D. 9432

DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 702

Payments From the Presidential Primary Matching Payment Account

AGENCY: Internal Revenue Service (IRS), Treasury.

information that is enumerated in section 6039I and required to be reported under that provision. The IRS and Treasury Departments will continue to consider the comments received in connection with any future published guidance under section 101(j).

Special Analyses

It has been determined that this Treasury Decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It has also been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to this regulation.

In accordance with the Regulatory Flexibility Act (5 U.S.C. chapter 6), it is hereby certified that the regulations will not have a significant economic impact on a substantial number of small entities. Even though a substantial number of small entities may be subject to the requirements of section 6039I, these final regulations do not require the reporting of information other than that which is specifically required by section 6039I. Further, the burden associated with completing the prescribed form is minimal because the information required by section 6039I is readily available. Accordingly, the regulations will not have a significant economic impact on a substantial number of small entities and a regulatory flexibility analysis is not required.

Pursuant to section 7805(f) of the Internal Revenue Code, the notice of proposed rulemaking preceding this regulation was submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business.

Drafting Information

The principal author of these regulations is Linda K. Boyd, Office of Associate Chief Counsel (Financial Institutions & Products). However, other personnel from the IRS and Treasury Department participated in their development.

- - - -

Adoption of Amendments to the Regulations

Accordingly, 26 CFR part 1 is amended as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation for part 1 is amended by removing the entry for §1.6039I–1T, and adding an entry in numerical order to read in part as follows:

Authority: 26 U.S.C. 7805 * * * Section 1.6039I–1 also issued under 26 U.S.C. 6039I. * * * Par. 2. Section 1.6039I–1 is added to read as follows:

§1.6039I–1 Reporting of certain employer-owned life insurance contracts .

(a) Requirement to report . Section 6039I requires every taxpayer that is an applicable policyholder owning one or more employer-owned life insurance contracts issued after August 17, 2006, to file a return showing the following information for each year the contracts are owned—

(1) The number of employees of the applicable policyholder at the end of the year;

(2) The number of such employees insured under such contracts at the end of the year;

(3) The total amount of insurance in force at the end of the year under such contracts;

(4) The name, address, and taxpayer identification number of the applicable policyholder and the type of business in which the policyholder is engaged; and

(5) That the applicable policyholder has a valid consent for each insured employee (or, if all such consents are not obtained, the number of insured employees for whom such consent was not obtained).

(b) Time and manner of reporting . Applicable policyholders owning one or more employer-owned life insurance contracts issued after August 17, 2006, must provide the information required under §6039I by attaching Form 8925, “ Report of Employer-Owned Life Insurance Con- tracts ”, to the policyholder’s income tax return by the due date of that return, or by filing such other form at such time and in such manner as the Commissioner may in the future prescribe.

December 8, 2008 1236 2008–49 I.R.B.

§702.9037–1 Transfer of amounts to the Presidential Primary Matching Payment Account.

(a) In general . The Secretary will deposit amounts into the Presidential Primary Matching Payment Account (Primary Account) only to the extent that there are amounts in the Presidential Election Campaign Fund (Fund) after the transfers prescribed by §701.9006–1(c) and (d). The Secretary will make this deposit promptly from amounts that have actually been transferred to the Fund under §701.9006–1(a). Any amounts in the Primary Account after October 31 following a presidential election will be returned to the Fund for the purpose of making the transfers prescribed by §701.9006–1(c), (d), and (f) for the next presidential election.

(b) Effective/applicability date . These regulations apply to the Primary Account on or after February 2, 1996.

Par. 4. Section 702.9037–2T is removed.

§702.9037–2T [Removed].

Par. 5. Revise §702.9037–2 to read as follows:

§702.9037–2 Payments from the Presidential Primary Matching Payment Account.

(a) In general . Pursuant to section 9036, the Federal Election Commission (Commission) will certify to the Secretary the full amount of payment to which a candidate is entitled under section 9034. The Secretary will pay promptly, but not before the start of the matching payment period under section 9032(6), the amounts certified by the Commission from the Presidential Primary Matching Payment Account (Primary Account) to the candidate.

(b) Additional guidance . The Internal Revenue Service may publish guidance in the Internal Revenue Bulletin (see §601.601(d)(2)(ii)( b ) of this chapter) prescribing additional rules and procedures for the Primary Account.

ACTION: Final regulations and removal of temporary regulations.

SUMMARY: This document contains final regulations under section 9037 of the Internal Revenue Code (Code) relating to the financing of presidential primary campaigns. The regulations relate to Treasury procedures for making payments from the Presidential Primary Matching Payment Account (Primary Account) to eligible primary candidates. These regulations affect all candidates eligible to receive payments from the Primary Account.

DATES: Effective Date: These regulations are effective on November 13, 2008.

Applicability Date: For dates of applicability, see §§702.9037–1(b) and 702.9037–2(c).

FOR FURTHER INFORMATION CONTACT: Karla M. Meola, (202) 622–4930 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

This document contains amendments to 26 CFR part 702 under section 9037 of the Code. On February 14, 2008, the IRS published temporary regulations (T.D. 9382, 2008–9 I.R.B. 482) in the Federal Register (73 FR 8608). On the same date, the IRS published a notice of proposed rulemaking (REG–149475–07, 2008–9 I.R.B. 510) in the Federal Reg- ister (73 FR 8632) cross-referencing the temporary regulations.

The notice of proposed rulemaking provided that, pursuant to section 9036, the Federal Election Commission (Commission) will certify to the Treasury Secretary the full amount of payments to which a candidate is entitled under section 9034. The Treasury Secretary will pay promptly, but not before the start of a Presidential election year, the amounts certified by the Commission from the Primary Account to the candidate. The notice of proposed rulemaking also authorized the Treasury Secretary to provide guidance prescribing rules and procedures for the Primary Account. Contemporaneously with the publication of the notice of proposed rulemaking, the IRS published Rev. Proc. 2008–15, 2008–9 I.R.B. 489, which revises the procedures for making prompt

payment from the Primary Account to eligible primary candidates.

The notice of proposed rulemaking invited comments and requests for a public hearing, but no comments were received and no public hearing was requested or held. Accordingly, this Treasury decision adopts the proposed regulations without modification as final regulations.

Special Analyses

It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It has also been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulation does not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Code, this regulation has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business.

Drafting Information

The principal author of these regulations is Karla M. Meola of the Office of Associate Chief Counsel (Income Tax & Accounting). However, other personnel from the IRS and Treasury Department participated in their development.

- - - -

Adoption of Amendments to the Regulations

Accordingly, 26 CFR part 702 is amended as follows:

PART 702—PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

Paragraph 1. The authority citation for part 702 continues to read in part as follows:

Authority: 26 U.S.C. 7805 * * * Par. 2. Section 702.9037–1T is removed.

§702.9037–1T [Removed].

Par. 3. Revise §702.9037–1 to read as follows:

2008–49 I.R.B. 1237 December 8, 2008

Linda E. Stiff, Deputy Commissioner for Services and Enforcement.

Approved October 28, 2008.

Eric Solomon, Assistant Secretary of the Treasury (Tax Policy).

(Filed by the Office of the Federal Register on November 12, 2008, 8:45 a.m., and published in the issue of the Federal Register for November 13, 2008, 73 F.R. 67103)

December 8, 2008 1238 2008–49 I.R.B.