SECTION 5. SAFE HARBOR

If the applicable requirements in section 3 of this revenue procedure are satisfied, the IRS will not challenge the position that, for purposes of determining whether the COI requirement is satisfied, the value of Exchange Traded Stock is determined under the Safe Harbor Valuation Method and Measuring Period selected by the parties. The safe harbor is available regardless of whether the value of Exchange Traded Stock, as determined

under the Safe Harbor Valuation Method and the Measuring Period selected by the parties, satisfies the COI requirement.