SECTION 2. WITHDRAWAL OF THE

MANUFACTURER’S RIGHT

Weld Rite, Inc. (“Weld”) manufactures certain hydronic outdoor wood-burning furnaces, sold under the name of “Shaver Wood Burning Furnace” (“Furnace”). Pursuant to Notice 2009–53, Weld provided certification to its consumers that the Furnace uses the burning of biomass fuel to heat a dwelling unit or to heat hot water for use in such a dwelling unit and has efficiency ratings of at least 75% as measured using a lower heating value. The manufacturer certified that the Furnace constitutes qualified energy property under § 25C.

The Service, upon examination, determined that the Furnace is not qualified energy property. Specifically, the Service found that the Furnace failed to meet the efficiency ratings of at least 75% as measured using a lower heating value. Accordingly, as of August 17, 2011, the Service withdraws the manufacturer’s right to provide a certification on which future purchasers of the Furnace can rely. This withdrawal applies to the following Furnace models: Shaver Pro Series 165, 250, 290 and 340. Taxpayers purchasing the Furnace after the date of the publication of this announcement of the withdrawal may not rely on Weld’s certification.

The Service may impose penalties under § 7206 or § 6701 on Weld if Weld continues to provide the erroneous certification to purchasers of the Furnace after August 17, 2011.

known by the Commissioner to be domestic shareholders who own (within the meaning of section 958(a)) stock of the foreign corporation. However, the failure of the Commissioner to provide such notice to any such other person shall not invalidate the change of method, which shall bind both the foreign corporation and all of its domestic shareholders as to the computation of the foreign corporation’s earnings and profits for the taxable year of the foreign corporation for which the method of accounting is changed and in subsequent taxable years unless the Commissioner consents to a change.

(d) Effective/applicability date . This section applies in computing earnings and profits of foreign corporations in taxable years of foreign corporations beginning on or after the date of publication of these regulations as final regulations in the Fed- eral Register, and taxable years of shareholders with or within which such taxable years of the foreign corporations end. See 26 CFR §1.964–1 (revised as of April 1, 2011) for rules applicable to taxable years beginning before such date.

Steven T. Miller, Deputy Commissioner for Services and Enforcement.

(Filed by the Office of the Federal Register on November 3, 2011, 8:45 a.m., and published in the issue of the Federal Register for November 4, 2011, 76 F.R. 68370)

Withdrawal of a Manufacturer’s Right to Provide Certifications Under the Qualifying Nonbusiness Energy Property Credit of Section 25C

Announcement 2011–73

This announcement withdraws the right of a manufacturer, Weld Rite, Inc., to certify that its hydronic outdoor wood-burning furnaces qualify for the nonbusiness energy property credit under § 25C of the Internal Revenue Code.