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IRB 2007-45

Table of Contents
(Dated November 5, 2007)
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This is the table of contents of Internal Revenue Bulletin IRB 2007-45. Click on an entry to view the entry. Items shown under "Highlights of This Issue" open summaries of each IRB-referenced document only. Scroll to Parts I, II, etc. to view the full text versions of each IRB-referenced document. Use the "Keyword Search" option of TouchTax to search the full text of all Internal Revenue Bulletins, including this IRB.

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Highlights of This Issue

These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations.

INCOME TAX

2007 base period T-bill rate. The “base period T-bill rate” for the period ending September 30, 2007, is published as required by section 995(f) of the Code.

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 November 2007.

This procedure under sections 704(b) and 45 of the Code provides the necessary requirements for partnerships to meet a safe harbor in allocating wind energy production tax credits.

Cost-of-living adjustments for 2008. This procedure sets forth the cost-of-living adjustments to certain items for 2008 as required under various provisions of the Code and Service guidance. Rev. Procs. 90-12 and 2002-41 modified.

EMPLOYEE PLANS

Employer’s deduction for contributions; limitation on employer’s deduction; welfare benefit funds. This ruling discusses whether an employer’s deductions for contributions to a welfare benefit fund under section 419 of the Code are “qualified direct costs” with respect to premiums paid by a welfare benefit fund on cash value life insurance policies.

Abusive trust arrangements; cash value life insurance; welfare benefits. This notice identifies certain trust arrangements that claim to be welfare benefit funds and that utilize cash value life insurance policies, and substantially similar arrangements, as listed transactions.

Post-retirement medical and life insurance benefits; nondiscrimination; welfare benefit funds. This notice alerts taxpayers that the tax treatment of trusts providing post-retirement medical and life insurance benefits to owners and other key employees may not provide the tax benefits claimed.

2008 cost-of-living adjustments; retirement plans, etc. This notice sets forth certain cost-of-living adjustments effective January 1, 2008, applicable to the dollar limits on benefits under qualified defined benefit pension plans and to other provisions affecting (1) certain plans of deferred compensation and (2) “control employees.” This notice also contains cost-of-living adjustments for several pension-related amounts in restating the data in News Release IR-2007-171 issued October 18, 2007.

EXEMPT ORGANIZATIONS

The IRS has revoked its determination that Gregory and Vickie Iverson Charitable Supporting Organization, Salt Lake City, UT; The Scott Canepa Charitable Supporting Organization, Las Vegas, NV; Kyle Charitable Support Organization Trust, Austin, TX; Paul and Deborah Marvin Charitable Supporting Foundation, Salt Lake City, UT; Malecha Family Foundation, Apple Valley, MN; Shared Visions Foundation, Park City, UT; Harold B Lee Foundation, Woodland, UT; Missouri Basketball Club, Columbia, MO; Mahisekar Charitable Supporting Organization, Orland Park, IL; Georgetown Title Foundation, Sandy, UT; Buddy and Rita Gregory Charitable Supporting Organization, Lehi, UT; Keith & Anna Barton Charitable Supporting Organization, Lehi, UT; Asafo Global Trust Fund, Inc., Phoenix, AZ; White Wing Educational Dev Corp, New York, NY; AARO Credit Services, Costa Mesa, CA; Paul and Deborah Manning Charitable Supporting Org, Salt Lake City, UT; MOP Non-Profit, Inc., Sterling Heights, MI; Access Home Project, Inc., Los Angeles, CA; To Life Foundation, New York, NY; Miami Latin Film Festival, Miami, FL; Larry and Kelli Cotton Charitable Supporting Organization, Fort Worth, TX, qualify as organizations described in sections 501(c)(3) and 170(c)(2) of the Code.

ESTATE TAX

Cost-of-living adjustments for 2008. This procedure sets forth the cost-of-living adjustments to certain items for 2008 as required under various provisions of the Code and Service guidance. Rev. Procs. 90-12 and 2002-41 modified.

GIFT TAX

Cost-of-living adjustments for 2008. This procedure sets forth the cost-of-living adjustments to certain items for 2008 as required under various provisions of the Code and Service guidance. Rev. Procs. 90-12 and 2002-41 modified.

EXCISE TAX

Cost-of-living adjustments for 2008. This procedure sets forth the cost-of-living adjustments to certain items for 2008 as required under various provisions of the Code and Service guidance. Rev. Procs. 90-12 and 2002-41 modified.

ADMINISTRATIVE

Final regulations under section 330 of title 31 of the U.S. Code provide amendments to the provisions of Circular 230 relating to various non-shelter items. This document reflects the Treasury Department and the IRS consideration of the comments received in response to the proposed regulations and the amendments to section 330 made by the American Jobs Creation Act of 2004, Public Law 108-357. The regulations also include conforming amendments to reflect the final regulations relating to best practices, covered opinions, and other written advice published as T.D. 9165, 2005-1 C.B. 357, and as T.D. 9201, 2005-1 C.B. 1153, but do not otherwise address those final regulations.

Proposed regulations under section 330 of title 31 of the U.S. Code amends section 10.34 of Circular 230 relating to standards with respect to tax returns. On May 25, 2007, the President signed into law the Small Business and Work Opportunity Tax Act of 2007, Public Law 110-28, which amended section 6694(a) of the Code by altering the standards of conduct that must be met to avoid imposition of the penalty for preparing a return that reflects an understatement of liability. The standards with respect to tax returns in section 10.34(a) of the regulations have been amended to reflect the changes to section 6694(a) made by the Small Business and Work Opportunity Act of 2007.

This notice provides that a material advisor required to file a completed Form 8918 by October 31, 2007, will be treated as satisfying the disclosure requirement of regulations section 301.6111-3(d) if the material advisor files Form 8264 instead. If Form 8918 is published on or before October 31, 2007, material advisors may choose to use either Form 8918 or Form 8264 for disclosures required to be filed by October 31, 2007. For disclosures required to be filed after October 31, 2007, material advisors must use Form 8918 (or successor form) unless instructed otherwise by the IRS. Reportable transactions disclosed on the Form 8264 should be disclosed in the manner described in Notice 2004-80, 2004-2 C.B. 963, and Notice 2005-22, 2005-1 C.B. 756.

Cost-of-living adjustments for 2008. This procedure sets forth the cost-of-living adjustments to certain items for 2008 as required under various provisions of the Code and Service guidance. Rev. Procs. 90-12 and 2002-41 modified.



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