Internal Revenue Bulletin: 2008-47
November 24, 2008
2008 base period T-bill rate. The “base period T-bill rate” for the period ending September 30, 2008, is published as required by section 995(f) of the Code.
Final regulations under section 1367 of the Code provide rules regarding the definition of open account debt and the adjustments in basis of any indebtedness of an S corporation to a shareholder for shareholder advances and repayments on advances of open account debt. The regulations affect shareholders of S corporations and are necessary to provide guidance needed to comply with the applicable tax law.
Final regulations under section 141 of the Code provide guidance relating to the standards for treating payments in lieu of taxes as generally applicable taxes for purposes of the private security or payment test.
This notice identifies a transaction, and substantially similar transactions, as transactions of interest for purposes of regulations section 1.6011-4(b)(6) and sections 6111 and 6112 of the Code. In the transaction, a sale or other disposition of all the interests in a charitable remainder trust (subsequent to the contribution of appreciated assets to and their reinvestment by the trust) results in the grantor or other noncharitable recipient receiving the value of the grantor or other noncharitable recipient’s trust interest and claiming to recognize little or no taxable gain.
This procedure provides guidance under section 301 of the Emergency Economic Stabilization Act of 2008, Pub. L. No. 110-343, 122 Stat. 3765 (EESA). EESA section 301 provides that the treatment of gain or loss from the sale or exchange of any applicable preferred stock by any applicable financial institution is treated as ordinary income or loss, where applicable preferred stock refers to certain preferred stock in Fannie Mae or Freddie Mac. This procedure primarily addresses transactions in which the applicable financial institution is a partner in a partnership which held the applicable preferred stock.
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