SECTION 5. REQUEST FOR

COMMENTS

.01 The Treasury Department and the Service request comments on the following:

(a) What guidance, if any, will taxpayers need under § 833(c)(5) for years after the transition year that is addressed in Section 3 of this notice?

(b) Is more specific guidance needed on accounting method issues that arise when a taxpayer loses its status as an insurance company?

(c) Will guidance be needed in the future on the appropriate Subchapter L treatment of rebates that are paid under § 2718 of the PHS Act?

(d) The Treasury Department and the Service recognize that medical loss ratios are computed under § 2718 of the PHS Act, as well as under § 833(c)(5). Comments are requested on how guidance could coordinate the medical loss ratio computation under § 2718 of the PHS Act with the medical loss ratio computation under § 833(c)(5).

.02 Comments should be submitted in writing on or before March 7, 2011 and should contain reference to this Notice 2010–79. Comments may be submitted to CC:PA:LPD:PR (Notice 2010–79), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Alternatively, taxpayers may submit comments electronically to Notice.Comments@irscounsel.treas.gov. Please include “Notice 2010–79” in the subject line of any electronic communications.

December 6, 2010 811 2010–49 I.R.B.

ership that primarily purchases and resells to retail customers, one or more of the following categories of new or used motor vehicles:

(a) automobiles; (b) light-duty trucks; (c) medium-duty trucks; (d) heavy-duty trucks; (e) recreational vehicles; (f) motorcycles; (g) boats; (h) farm machinery and equipment; or (i) construction machinery and equipment.