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IRB 2008-40

Table of Contents
(Dated October 6, 2008)
(back to all IRBs)


This is the table of contents of Internal Revenue Bulletin IRB 2008-40. 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

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 October 2008.

Proposed regulations under section 170 of the Code provide guidance concerning the substantiation and reporting requirements for cash and noncash charitable contributions. The regulations generally revise existing regulations to implement changes to the substantiation and reporting rules made by the American Jobs Creation Act of 2004 and the Pension Protection Act of 2006.

Proposed regulations under section 45D of the Code provide clarification of the redemption rules, the partnership redemption safe harbor, and the breadth of the reasonable expectations test. The regulations also revise and clarify certain rules relating to recapture of the new markets tax credit under section 45D. A public hearing is scheduled for December 12, 2008.

This notice informs trustees and middlemen of widely held fixed investment trusts (WHFITs) that the Service will not assert penalties under regulations section 1.671-5(m) with respect to calendar year 2008. The notice also informs trustees and middlemen of widely held mortgage trusts (WHMTs) that, pending future published guidance, certain modifications of mortgages held by a WHMT that has entered into a guarantee arrangement are not required to be reported under the WHFIT reporting rules.

This notice provides guidance relating to amendments made by certain provisions of the Housing Assistance Tax Act of 2008. The notice provides allocations of the temporary increase in volume cap, procedures for filing the carryforward elections with respect to this volume cap as well as for reporting bonds issued pursuant to this volume cap, and clarification that mortgage credit certificates may be used to refinance subprime mortgage loans and may utilize the temporary increase in volume cap. The notice provides a list of certain military installations that are eligible for an exception from income determinations of payments of the basic housing allowance. The notice also provides guidance on the temporary exception from the prohibition against federal guarantees of tax-exempt bonds for guarantees provided by Federal Home Loan Banks. Notice 88-80 modified.

This notice proposes a revenue procedure that would modify Rev. Proc. 2003-84, 2003-2 C.B. 1159, by providing additional criteria that must be met in order for tax-exempt bond partnerships to be eligible to make an election that enables the partners to take into account monthly the inclusions required under sections 702 and 707(c) of the Code, including specifying a minimum gain share that must be paid upon disposition of the tax-exempt obligations and providing that the tax-exempt bond partnership must provide certain partners a right, exercisable by the date that represents 80% of the weighted average maturity of the bonds, to require a sale, redemption, or other disposition of the tax-exempt bonds held by the partnership. The proposed revenue procedure would also provide certain characteristics of tax-exempt bond partnerships, including noting that the put rights or guarantees for the benefit of certain partners of these partnerships are inapplicable in certain very limited circumstances.

EMPLOYEE PLANS

Final regulations under section 430 of the Code provide mortality tables to be used in determining present value or making any computation for purposes of applying the minimum funding requirements for single employer qualified defined benefit pension plans pursuant to changes made by the Pension Protection Act of 2006. The regulations provide generally applicable mortality tables and also provide guidance regarding an employer’s request to use plan-specific mortality tables.

This procedure relaxes certain restrictions that now apply to the issuance of opinion and advisory letters for new pre-approved plans under Rev. Proc. 2007-44. Those restrictions effectively limit the ability of sponsors of pre-approved plans (such as banks, insurance companies and law firms) to apply for opinion and advisory letters for new plans after March 31, 2008, and also limit the ability of adopting employers to rely on the letters issued for new plans. Rev. Proc. 2007-44 modified.

EXEMPT ORGANIZATIONS

The IRS has revoked its determination that The Boston Group Charitable Foundation of Sandy, UT, and Foresters Longhorn Branch of Fort Worth, TX, qualify as organizations described in sections 501(c)(3) and 170(c)(2) of the Code.

The IRS has revoked its determination that Heaven in View, Inc., of Woodbridge, VA; Pueblo of Laguna of Old Laguna, NM; Gymnastics Foundation of Maui of Kahului, HI; God Financial Plan, Inc., of Oakland, CA; Affordable Shelters, Inc., of South Gate, CA; Debt Advocate of America, Inc., of Killeen, TX; Folk Traditions Conservancy of Santa Barbara, CA; Individual Freedom Ministries Church of Orange City, FL; Gifts for Kids, Inc., of Erie, PA; Dabney & West Foundation, Inc., of Colbert, OK; Institute for the Development of Human Resources of Wilmington, DE; American Fund for Consumer Credit Counseling, Inc., of Commack, NY; Institute of Prevention and Nutritional Medicine, Inc., of Rocky Mount, NC; The Stephanie Mull Foundation For Children’s Art of Portland, ME; and Arts Reach, Inc., of Rochester, NY, qualify as organizations described in sections 501(c)(3) and 170(c)(2) of the Code.

ADMINISTRATIVE

This document announces the discontinuation of the publication of Legislative Cumulative Bulletins because this material is readily available on various websites much earlier than when this volume could be released for publication.



The Internal Revenue Bulletin is produced and published by the Internal Revenue Service and contains IRS pronouncements affecting tax analysis under the Code and the Regulations, including but not limited to Revenue Procedures, Revenue Rulings, Notices and Announcements. Access the IRS site at https://www.irs.gov/help/irsgov-accessibility for information concerning accessibility of IRS materials. While every effort has been made to ensure that the IRB database files available through the TouchTax application are accurate, those using TouchTax for legal research should verify their results against the printed versions of the IRBs available from the IRS.