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IRB 2008-18

Table of Contents
(Dated May 5, 2008)
(back to all IRBs)


This is the table of contents of Internal Revenue Bulletin IRB 2008-18. 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

Employee leasing arrangements. This ruling addresses which party is subject to the Code section 274(n) limitation when a trucking company leases truck drivers from a leasing company and the leasing company reimburses the drivers for meal and incidental expenses they incur in the course of performing services.

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 May 2008.

Proposed regulations explain how section 263(a) of the Code applies to amounts paid to acquire, produce, or improve tangible property. The regulations clarify what amounts must be capitalized, rather than deducted currently, and how those capitalized amounts should be treated. The regulations withdraw and replace the proposed regulations issued in August 2006 under section 263(a). A public hearing is scheduled for June 24, 2008.

This notice provides guidance regarding implementation of the tax return preparer penalty provisions under section 6694 of the Code. Notice 2008-13 supplemented.

The Department of Treasury and the Service invite public comments on recommendations for items that should be included on the 2008-2009 Guidance Priority List. Taxpayers may submit recommendations for guidance at any time during the year. Recommendations submitted by May 31, 2008, will be reviewed for possible inclusion on the original 2008-2009 Guidance Priority List. Recommendations received after May 31, 2008, will be reviewed for inclusion in the next periodic update.

EMPLOYEE PLANS

This notice provides guidance regarding implementation of the tax return preparer penalty provisions under section 6694 of the Code. Notice 2008-13 supplemented.

The Department of Treasury and the Service invite public comments on recommendations for items that should be included on the 2008-2009 Guidance Priority List. Taxpayers may submit recommendations for guidance at any time during the year. Recommendations submitted by May 31, 2008, will be reviewed for possible inclusion on the original 2008-2009 Guidance Priority List. Recommendations received after May 31, 2008, will be reviewed for inclusion in the next periodic update.

EXEMPT ORGANIZATIONS

Final regulations amend the existing regulations under sections 501(c)(3) and 4958 of the Code and clarify the relationship between the substantive requirements for tax exemption for public charities described in section 501(c)(3) and the imposition of section 4958 excise taxes on excess benefit transactions between public charities and their insiders. Specifically, the regulations set forth a non-exhaustive list of factors the IRS will consider in deciding whether to revoke the tax-exempt status of organizations that have engaged in excess benefit transaction(s). The regulations also add several examples to illustrate the requirement that an organization serve a public rather than a private interest. Furthermore, the regulations clarify that section 4958 does not apply at the time of the initial determination of exempt status.

This notice provides guidance regarding implementation of the tax return preparer penalty provisions under section 6694 of the Code. Notice 2008-13 supplemented.

The Department of Treasury and the Service invite public comments on recommendations for items that should be included on the 2008-2009 Guidance Priority List. Taxpayers may submit recommendations for guidance at any time during the year. Recommendations submitted by May 31, 2008, will be reviewed for possible inclusion on the original 2008-2009 Guidance Priority List. Recommendations received after May 31, 2008, will be reviewed for inclusion in the next periodic update.

ESTATE TAX

This notice provides guidance regarding implementation of the tax return preparer penalty provisions under section 6694 of the Code. Notice 2008-13 supplemented.

The Department of Treasury and the Service invite public comments on recommendations for items that should be included on the 2008-2009 Guidance Priority List. Taxpayers may submit recommendations for guidance at any time during the year. Recommendations submitted by May 31, 2008, will be reviewed for possible inclusion on the original 2008-2009 Guidance Priority List. Recommendations received after May 31, 2008, will be reviewed for inclusion in the next periodic update.

GIFT TAX

This notice provides guidance regarding implementation of the tax return preparer penalty provisions under section 6694 of the Code. Notice 2008-13 supplemented.

The Department of Treasury and the Service invite public comments on recommendations for items that should be included on the 2008-2009 Guidance Priority List. Taxpayers may submit recommendations for guidance at any time during the year. Recommendations submitted by May 31, 2008, will be reviewed for possible inclusion on the original 2008-2009 Guidance Priority List. Recommendations received after May 31, 2008, will be reviewed for inclusion in the next periodic update.

EMPLOYMENT TAX

This notice provides guidance regarding implementation of the tax return preparer penalty provisions under section 6694 of the Code. Notice 2008-13 supplemented.

The Department of Treasury and the Service invite public comments on recommendations for items that should be included on the 2008-2009 Guidance Priority List. Taxpayers may submit recommendations for guidance at any time during the year. Recommendations submitted by May 31, 2008, will be reviewed for possible inclusion on the original 2008-2009 Guidance Priority List. Recommendations received after May 31, 2008, will be reviewed for inclusion in the next periodic update.

SELF-EMPLOYMENT TAX

This notice provides guidance regarding implementation of the tax return preparer penalty provisions under section 6694 of the Code. Notice 2008-13 supplemented.

EXCISE TAX

Final regulations amend the existing regulations under sections 501(c)(3) and 4958 of the Code and clarify the relationship between the substantive requirements for tax exemption for public charities described in section 501(c)(3) and the imposition of section 4958 excise taxes on excess benefit transactions between public charities and their insiders. Specifically, the regulations set forth a non-exhaustive list of factors the IRS will consider in deciding whether to revoke the tax-exempt status of organizations that have engaged in excess benefit transaction(s). The regulations also add several examples to illustrate the requirement that an organization serve a public rather than a private interest. Furthermore, the regulations clarify that section 4958 does not apply at the time of the initial determination of exempt status.

This notice provides guidance regarding implementation of the tax return preparer penalty provisions under section 6694 of the Code. Notice 2008-13 supplemented.

The Department of Treasury and the Service invite public comments on recommendations for items that should be included on the 2008-2009 Guidance Priority List. Taxpayers may submit recommendations for guidance at any time during the year. Recommendations submitted by May 31, 2008, will be reviewed for possible inclusion on the original 2008-2009 Guidance Priority List. Recommendations received after May 31, 2008, will be reviewed for inclusion in the next periodic update.

TAX CONVENTIONS

This announcement provides interim guidance concerning the “commencement date” for Mutual Agreement Procedure (MAP) cases eligible for arbitration under the December 28, 2007, Protocol to the U.S.-Germany Tax Treaty.

ADMINISTRATIVE

Temporary and proposed regulations under section 6103 of the Code describe the circumstances by which officers and employees of the Treasury Department may disclose return information to whistleblowers and, if applicable, their legal representatives in connection with written contracts for services relating to the detection of violations of the internal revenue laws or related statutes.

Temporary and proposed regulations under section 6103 of the Code describe the circumstances by which officers and employees of the Treasury Department may disclose return information to whistleblowers and, if applicable, their legal representatives in connection with written contracts for services relating to the detection of violations of the internal revenue laws or related statutes.

The Department of Treasury and the Service invite public comments on recommendations for items that should be included on the 2008-2009 Guidance Priority List. Taxpayers may submit recommendations for guidance at any time during the year. Recommendations submitted by May 31, 2008, will be reviewed for possible inclusion on the original 2008-2009 Guidance Priority List. Recommendations received after May 31, 2008, will be reviewed for inclusion in the next periodic update.



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