Part IV. Items of General Interest

Instructions in Publication 1187 , Specifications for Filing of Form 1042–S, Foreign Person’s U.S. Source Income Subject to Withholding, Electronically , Clarified

Announcement 2008–119

This announcement clarifies instructions in Publication 1187, Specifications for Filing of Form 1042–S, Foreign Per- son’s U.S. Source Income Subject to With- holding, Electronically . For all ‘City’ address fields in the Transmitter ‘T’ Record, the Withholding Agent ‘W’ Record, and the Recipient ‘Q’ Record, only enter alpha characters and those special characters identified within the instructions. Do not input any numeric or foreign characters in these fields. Entering numeric or foreign characters in ‘City’ address fields will cause your file to be rejected. Use this announcement in conjunction with Publication 1187, revised August 2008 and Announcement 2008–95, 2008–42 I.R.B. 964, to format your Form 1042–S information for Tax Year 2008.

If you have questions concerning the filing of Form 1042–S, Foreign Per- son’s U.S. Source Income Subject to Withholding, please contact the Internal Revenue Service ECC-MTB toll-free at 866–455–7438 within the U.S. or 304–263–8700 outside the U.S.

Foundations Status of Certain Organizations

Announcement 2008–120

The following organizations have failed to establish or have been unable to maintain their status as public charities or as operating foundations. Accordingly, grantors and contributors may not, after this date, rely on previous rulings or designations in the Cumulative List of Organizations (Publication 78), or on the presumption arising from the filing of notices under section 508(b) of the Code. This listing does not indicate that the organizations have lost

their status as organizations described in section 501(c)(3), eligible to receive deductible contributions.

Former Public Charities . The following organizations (which have been treated as organizations that are not private foundations described in section 509(a) of the Code) are now classified as private foundations:

3D Athletics, Inc., Denison, TX After School Community Learning

Center, Wingate, NC Alpha and Omega Fraternity, Inc.,

Goose Creek, SC Arkansas Committee on Occupational

Safety & Health, Little Rock, AR Asociacion Mision Latina, Galand, TX BJ Connective Concepts, Inc.,

Cincinnati, OH Center for Educator Renewal Through the

Arts, Houston, TX Center for the Advancement of Health

and Biosciences, Menlo Park, CA Change Your World, Inc., Ridgeland, MS Changing Faces, Detroit, MI Charis Corporation, Inc., Jacksonville, FL Concert America for the Children, Inc.,

Norwood, NC Confidence Learning Center,

Florissant, MO Covenant Life Ministries International,

Inc., Hampton, GA Creative Housing Coalition,

Lacanada, CA Crescent City Case Management, Inc.,

Richmond, TX DNA Economic Development

Corporation, Inc., Washington, DC Edna Herbert Phillips Endowment, Inc.,

Schulenburg, TX Enterprise for Enterprenerrial Education,

Hickory, NC Exile Alternative Diversion Program

a California Nonprofit Public Bene, Richmond, CA Family Building Institute, Inc., Sussex, WI Family Support Circle, McDonough, GA First Community Outreach Center, Inc.,

Kansas City, KS God Cares Ministries, Denver, CO Happy Tails Animal Care Center,

Monticello, IN Hogar Amparo, Inc., San Juan, PR

Julian Youth Center, Memphis, TN Just Us, Inc., Dallas, TX Life Long Individual and Family

Enrichment Center, Inc., Hampton, GA Lighthouse Community Information and

Referral, Inc., Harrisburg, PA MCPBA Foundation, Inc., Miami, FL New Life Institute Hopecenter, Inc.,

Haslett, MI Peoples Advocacy Group,

Washington, DC Phi Iota Iota Foundation, LaPlace, LA Plano Institute, Richmond Heights, OH Positive Image Program, Chicago, IL Project H.O.M.E., Inc., Bronx, NY Rainbow Women Wellness & Resource

Center, Grants, NM Renaissance Outreach Services,

Raleigh, NC Sailing Aboard Recovery Foundation,

Inc., Catonsville, MD Shekinah Glory Helping Hand Services

Corp., Miami, FL Sierras Center, LTD, Danielsville, GA South Shore Line Heritage Foundation,

Gary, IN Stratford Community Alliance Network,

Dallas, TX Village Group Partner’s Inc.,

Bradenton, FL Whole Village, Inc., Amite, LA Worldview Institute, Coral Gables, FL Young Athletes for Tomorrow, Detroit, MI Youth Challenge, Inc., Columbus, MS Yuma Tennis, Inc., Yuma, AZ

If an organization listed above submits information that warrants the renewal of its classification as a public charity or as a private operating foundation, the Internal Revenue Service will issue a ruling or determination letter with the revised classification as to foundation status. Grantors and contributors may thereafter rely upon such ruling or determination letter as provided in section 1.509(a)–7 of the Income Tax Regulations. It is not the practice of the Service to announce such revised classification of foundation status in the Internal Revenue Bulletin.

2008–50 I.R.B. 1295 December 15, 2008

Employee Stock Purchase Plans Under Internal Revenue Code Section 423; Hearing

Announcement 2008–121

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of public hearing on proposed rulemaking.

SUMMARY: This document provides notice of a public hearing on proposed regulations (REG–106251–08, 2008–39 I.R.B. 774) relating to options granted under an employee stock purchase plan as defined in section 423 of the Internal Revenue Code. These proposed regulations affect certain taxpayers who participate in the transfer of stock pursuant to the exercise of options granted under an employee stock purchase plan.

DATES: The public hearing is being held on Thursday, January 15, 2009, at 10:00 a.m. The IRS must receive outlines of the topics to be discussed at the public hearing by Thursday, December 18, 2008.

ADDRESSES: The public hearing is being held in the IRS Auditorium, Internal Revenue Service Building, 1111 Constitution Avenue, NW, Washington, DC 20224.

Send Submissions to CC:PA:LPD:PR (REG–106251–08), room 5205, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Monday through Friday to CC:PA:LPD:PR (REG–106251–08), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW, Washington, DC, or sent electronically via the Federal eRulemaking Portal at www.regulations.gov (IRS-REG–106251–08).

FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Thomas Scholz (202) 622–6030; concerning submissions of comments, the hearing and/or to be placed on the building access list to attend the hearing Funmi Taylor at (202) 622–7180 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

The subject of the public hearing is the notice of proposed rulemaking (REG–106251–08) that was published in the Federal Register on Tuesday, July 29, 2008 (73 FR 43875). The rules of 26 CFR 601.601(a)(3) apply to the hearing. Persons who wish to present oral comments at the hearing that submitted written comments by October 27, 2008, must submit an outline of the topics to be addressed and the amount of

time to be denoted to each topic (Signed original and eight (8) copies)

A period of 10 minutes is allotted to each person for presenting oral comments. After the deadline for receiving outlines has passed, the IRS will prepare an agenda containing the schedule of speakers. Copies of the agenda will be made available, free of charge, at the hearing or in the Freedom of Information Reading Room (FOIA RR) (Room 1621) which is located at the 11 ^th and Pennsylvania Avenue, NW, entrance, 1111 Constitution Avenue, NW, Washington, DC.

Because of access restrictions, the IRS will not admit visitors beyond the immediate entrance area more than 30 minutes before the hearing starts. For information about having your name placed on the building access list to attend the hearing, see the “FOR FURTHER INFORMATION CONTACT” section of this document.

LaNita Van Dyke, Chief, Publications and

Regulations Branch, Legal Processing Division,

Associate Chief Counsel (Procedure and Administration).

(Filed by the Office of the Federal Register on November 21, 2008, 8:45 a.m., and published in the issue of the Federal Register for November 24, 2008, 73 F.R. 70929)

December 15, 2008 1296 2008–50 I.R.B.