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IRB 2011-42

Table of Contents
(Dated October 17, 2011)
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This is the table of contents of Internal Revenue Bulletin IRB 2011-42. 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

Final regulations under section 142 of the Code provide the definition of solid waste disposal facilities for purposes of the rules applicable to tax-exempt bonds issued by state and local governments to finance solid waste disposal facilities.

Proposed regulations describe swaps and similar agreements that fall within the meaning of section 1256(b)(2)(B) of the Code. The proposed regulations also revise the definition of a notional principal contract under regulations section 1.446-3. A public hearing is scheduled for January 19, 2012.

Proposed regulations under section 67 of the Code provide guidance on which costs incurred by estates or trusts other than grantor trusts (non-grantor trusts) are subject to the 2-percent floor for miscellaneous itemized deductions under section 67(a). A public hearing is scheduled for December 19, 2011.

EMPLOYEE PLANS

Proposed regulations under section 9815 of the Code implement the disclosure requirements to help plans and individuals better understand their health coverage, as well as other coverage options, regarding the summary of benefits and coverage and the uniform glossary for group health plans and health insurance coverage in the group and individual markets under the Affordable Care Act.

ESTATE TAX

This notice provides guidance under section 2010 of the Code on electing portability of a deceased spousal unused exclusion amount on a Form 706 (United States Estate (and Generation-Skipping Transfer) Tax Return). This notice also announces that the Treasury Department and the Service intend to issue regulations to implement the provisions of section 2010(c) and invites public comments.

This procedure instructs taxpayers how to file a protective claim for refund when the estate has a claim or expense not yet deductible under section 2053 of the Code and the corresponding regulations. In addition, this procedure details the procedures the Service will follow in processing these protective claims for refund. Finally, this procedure instructs taxpayers how to notify the Service that a section 2053 protective claim for refund is ready for consideration.

EXCISE TAX

Proposed regulations under section 9815 of the Code implement the disclosure requirements to help plans and individuals better understand their health coverage, as well as other coverage options, regarding the summary of benefits and coverage and the uniform glossary for group health plans and health insurance coverage in the group and individual markets under the Affordable Care Act.

ADMINISTRATIVE

Optional special per diem rates. This notice provides the 2011-2012 special per diem rates for taxpayers to use in substantiating the amount of ordinary and necessary business expenses incurred while traveling away from home, specifically (1) the special transportation industry rates, (2) the rate for the incidental expenses only deduction, and (3) the rates and list of high-cost localities for the high-low substantiation method.

This notice provides guidance under section 2010 of the Code on electing portability of a deceased spousal unused exclusion amount on a Form 706 (United States Estate (and Generation-Skipping Transfer) Tax Return). This notice also announces that the Treasury Department and the Service intend to issue regulations to implement the provisions of section 2010(c) and invites public comments.

Nonaccrual-experience method book safe harbor. This procedure provides a safe harbor method of accounting for taxpayers using the nonaccrual-experience method of accounting under section 448(d)(5) of the Code and regulations section 1.448-2. This procedure also provides procedures for obtaining automatic consent to change to this safe harbor method and to make certain changes within this method. Rev. Proc. 2006-56 modified and amplified.

Per diem allowances. This procedure provides optional rules for deeming substantiated the amount of certain business expenses of traveling away from home reimbursed to an employee, partner, or volunteer, or deductible by an employee or self-employed individual. Rev. Proc. 2010-39 amplified, modified, and superseded.

This procedure instructs taxpayers how to file a protective claim for refund when the estate has a claim or expense not yet deductible under section 2053 of the Code and the corresponding regulations. In addition, this procedure details the procedures the Service will follow in processing these protective claims for refund. Finally, this procedure instructs taxpayers how to notify the Service that a section 2053 protective claim for refund is ready for consideration.



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