Treatment of Services Under Section 482 Allocation of Income and Deductions From Intangibles Stewardship Expense, 44247-44250 [06-6674]
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Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Proposed Rules
percent of the capital and profits of D, an
entity organized in country M. D is a
partnership for U.S. income tax purposes, but
is a corporation for country M tax purposes.
D uses the ‘‘u’’ as its functional currency and
the calendar year as its taxable year for both
U.S. tax purposes and country M tax
purposes. Country M imposes an income tax
described in paragraph (a)(1) of this section
at a rate of 30 percent at the entity level on
the taxable income of D. On September 30,
2008, A sells its 50 percent interest in D to
C. A’s sale of its partnership interest results
in a termination of the partnership under
section 708(b) for U.S. tax purposes. As a
result of the termination, ‘‘old’’ D’s taxable
year closes on September 30, 2008 for U.S.
tax purposes. New D also has a short U.S.
taxable year, beginning on October 1, 2008,
and ending on December 31, 2008. The sale
of A’s interest does not close D’s taxable year
for country M tax purposes. D has 400u of
taxable income for its 2008 foreign taxable
year with respect to which country M
imposes 120u equal to $120 of income tax.
(ii) Result. Under paragraph (f)(3)(i) of this
section, hybrid partnership D is legally liable
for the $120 of country M income tax
imposed on its net income. Because D’s
taxable year closes on September 30, 2008,
for U.S. tax purposes, but does not close for
country M tax purposes, under paragraph
(f)(3)(i) of this section the $120 of country M
tax must be allocated under the principles of
§ 1.1502–76(b) between the short U.S. taxable
years of terminating D and new D. See
§ 1.704–1(b)(4)(viii) for rules relating to the
allocation of terminating D’s country M taxes
between A and B and the allocation of new
D’s country M taxes between B and C.
Example 9. (i) Facts. A, a United States
person engaged in construction activities in
country X, is subject to the country X income
tax. Country X has contracted with A for A
to construct a naval base. A is a dual capacity
taxpayer (as defined in paragraph (a)(2)(ii)(A)
of this section) and, in accordance with
paragraphs (a)(1) and (c)(1) of § 1.901–2A, A
has established that the country X income tax
as applied to dual capacity persons and the
country X income tax as applied to persons
other than dual capacity persons together
constitute a single levy. A has also
established that that levy is an income tax
within the meaning of paragraph (a)(1) of this
section. Pursuant to the terms of the contract,
country X has agreed to assume any country
X income tax liability that A may incur with
respect to A’s income from the contract.
(ii) Result. For U.S. income tax purposes,
A’s income from the contract includes the
amount of tax that is imposed by country X
on A with respect to its income from the
contract and that is assumed by country X;
and the amount of the tax liability assumed
by country X is considered to be paid by A.
By reason of paragraph (f)(5) of this section,
country X is not considered to provide a
subsidy, within the meaning of section 901(i)
and paragraph (e)(3) of this section, to A.
*
*
*
*
*
(h) Effective Date. Paragraphs (a)
through (e) and paragraph (g) of this
section, § 1.901–2A and § 1.903–1 apply
to taxable years beginning after
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November 14, 1983. Paragraph (f) of this
section is effective for foreign taxes paid
or accrued during taxable years of the
taxpayer beginning on or after January 1,
2007.
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E6–12358 Filed 8–3–06; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 31
[REG–146893–02; REG–115037–00; REG–
138603–03]
RIN 1545–BB31, 1545–AY38, 1545–BC52
Treatment of Services Under Section
482 Allocation of Income and
Deductions From Intangibles
Stewardship Expense
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
by cross-reference to temporary
regulations, notice of proposed
rulemaking, and notice of public
hearing.
AGENCY:
SUMMARY: In a separate part to this issue
of the Federal Register, the IRS is
issuing temporary regulations relating to
the treatment of controlled services
transactions under section 482. These
temporary regulations also provide
guidance regarding the allocation of
income from intangibles, in particular
with respect to contribution by a
controlled party to the value of an
intangible owned by another controlled
party as it relates to controlled services
transactions and modify the regulations
under section 861 concerning
stewardship expenses to be consistent
with the changes made to the
regulations under section 482. The text
of those regulations also serves as the
text of these proposed regulations.
These proposed regulations also contain
a coordination rule with global dealing
operations. The Treasury Department
and the IRS are presently working on
new global dealing regulations and
intend that when final regulations are
issued, those regulations, not § 1.482–
9T, will govern the evaluation of the
activities performed by a global dealing
operation within the scope of those
regulations. Pending finalization of the
global dealing regulations, taxpayers
may rely on the proposed global dealing
regulations, not the temporary services
regulations, to govern financial
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44247
transactions entered into in connection
with a global dealing operation as
defined in proposed § 1.482–8.
Therefore, proposed regulations under
§ 1.482–9(m)(5) clarify that a controlled
services transaction does not include a
financial transaction entered into in
connection with a global dealing
operation. These proposed regulations
potentially affect controlled taxpayers
within the meaning of section 482. This
document also provides notice of a
public hearing on these proposed
regulations.
DATES: Written or electronic comments
must be received by November 2, 2006.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–146893–02, REG–
115037–00, and REG–138603–03),
Internal Revenue Service, PO Box 7604,
Ben Franklin Station, Washington, DC
20044. Submissions may be sent
electronically, via the IRS Internet site
at https://www.irs.gov/regs or via Federal
eRulemaking Portal at https://
www.regulations.gov (IRS REG–146893–
02, REG–115037–00, and REG–138603–
03).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Thomas A. Vidano, (202) 435–5265, or
Carol B. Tan, (202) 435–5265 for matters
relating to section 482, or David
Bergkuist (202) 622–3850 for matters
relating to stewardship expenses;
concerning submission of comments,
the hearing, and/or, to be placed on the
building access list to attend the
hearing, [Insert Name], (202) 622–7180
(not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background and Explanation of
Provisions
Temporary regulations in the Rules
and Regulations section of this issue of
the Federal Register amend the Income
Tax Regulations (26 CFR parts 1 and 31)
relating to section 482. The temporary
regulations set forth guidance on the
treatment of controlled services
transactions, the allocation from
intangibles under section 482, and
stewardship expenses under section
861. The text of those regulations also
serves as the text of these proposed
regulations. The preamble to the
temporary regulations explains the
temporary regulations and these
proposed regulations. These proposed
regulations potentially affect controlled
taxpayers within the meaning of section
482.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
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in Executive Order 12866. Therefore, a
regulatory assessment is not required. It
also has been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because the
regulation does not impose a collection
of information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) of the Internal Revenue
Code (Code), this regulation has been
submitted to the Chief Counsel for
Advocacy of the Small Business
Administration for comment on their
impact on small business.
Comments and Public Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written comments (a signed original and
eight (8) copies) or electronic comments
that are submitted timely to the IRS. The
IRS and Treasury Department
specifically request comments on the
clarity of the proposed rule and how it
may be made easier to understand. All
comments will be available for public
inspection and copying.
A public hearing will be scheduled if
requested in writing by any person that
timely submits written comments. If a
public hearing is scheduled, notice of
the date, time, and place for the public
hearing will be published in the Federal
Register.
Drafting Information
The principal authors of these
regulations are Thomas A. Vidano and
Carol B. Tan, Office of Associate Chief
Counsel (International).
List of Subjects
26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
26 CFR Part 31
Employment taxes, Income taxes,
Penalties, Pensions, Railroad retirement,
Reporting and recordkeeping
requirements, Social Security and
Unemployment compensation.
Proposed Amendments to the
Regulations
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Accordingly, 26 CFR parts 1 and 31
are proposed to be amended as follows:
PART 1—INCOME TAXES
Paragraph. 1. The authority citation
for part 1 is amended by adding an entry
in numerical order to read in part as
follows:
Authority: 26 U.S.C. 7805 * * *
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Section 1.482–9 also issued under 26
U.S.C. 482. * * *
Par. 2. Section 1.482–0 is amended as
follows:
1. The section heading is revised.
2. The entries for § 1.482–2(b) are
revised.
3. The entries for § 1.482–4(f)(3), (f)(4)
and (f)(5) are revised and new entries for
§ 1.482–4(f)(6) are added.
4. New entries for §§ 1.482–
6T(c)(3)(i)(B)(1) and (2) and 1.482–9T
are added.
The revisions and additions read as
follows:
§ 1.482–0 Outline of regulations under
section 482.
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*
*
*
*
[The text of the proposed amendment
to § 1.482–0 is the same as the text of
§ 1.482–0T published elsewhere in this
issue of the Federal Register].
Par. 3. Section 1.482–1 is amended as
follows:
1. Paragraphs (a)(1), (b)(2)(i),
(d)(3)(ii)(C) Example 3, (d)(3)(v),
(f)(2)(ii)(A), (f)(2)(iii)(B), (g)(4)(i),
(g)(4)(iii) and paragraph (i) are revised.
2. Paragraphs (d)(3)(ii)(C), Example 4
and Example 5 and (j) are added.
The additions and revisions read as
follows:
§ 1.482–1 Allocation of income and
deductions among taxpayers.
(a)(1) [The text of the proposed
amendment to § 1.482–1(a)(1) is the
same as the text of § 1.482–1T(a)(1)
published elsewhere in this issue of the
Federal Register].
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*
*
*
*
(b) * * *
(1) * * *
(b)(2)(i) [The text of the proposed
amendment to § 1.482–1(b)(2)(i) is the
same as the text of § 1.482–1T(b)(2)(i)
published elsewhere in this issue of the
Federal Register].
*
*
*
*
*
(d) * * *
(3) * * *
(ii) * * *
(C) * * *
Example 3. [The text of the proposed
amendment to § 1.482–1(d)(3)(ii)(C), Example
3 is the same as the text of § 1.482–
1T(d)(3)(ii)(C) Example 3 published
elsewhere in this issue of the Federal
Register].
Example 4. [The text of the proposed
amendment to § 1.482–1(d)(3)(ii)(C) Example
4 is the same as the text of § 1.482–
1T(d)(3)(ii)(C) Example 4 published
elsewhere in this issue of the Federal
Register].
Example 5. [The text of the proposed
amendment to § 1.482–1(d)(3)(ii)(C) Example
5 is the same as the text of § 1.482–
1T(d)(3)(ii)(C) Example 5 published
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elsewhere in this issue of the Federal
Register].
Example 6. [The text of the proposed
amendment to § 1.482–1(d)(3)(ii)(C) Example
6 is the same as the text of § 1.482–
1T(d)(3)(ii)(C) Example 6 published
elsewhere in this issue of the Federal
Register].
(v) Property or services. [The text of
the proposed amendment to § 1.482–
1(d)(3)(v) is the same as the text of
§ 1.482–1T(d)(3)(v) published elsewhere
in this issue of the Federal Register].
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*
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*
(f) * * *
(2) * * *
(ii)(A) [The text of the proposed
amendment to § 1.482–1(f)(2)(ii)(A) is
the same as the text of § 1.482–
1T(f)(2)(ii)(A) published elsewhere in
this issue of the Federal Register].
(iii) * * *
(B) [The text of the proposed
amendment to § 1.482–1(f)(3)(iii)(B) is
the same as the text of § 1.482–
1T(f)(3)(iii)(B) published elsewhere in
this issue of the Federal Register].
*
*
*
*
*
(g) * * *
(4) * * *
(i) * * * [The text of the proposed
amendment to § 1.482–1(g)(4)(i) is the
same as the text of § 1.482–1T(g)(4)(i)
published elsewhere in this issue of the
Federal Register].
(iii) * * *
Example 1. [The text of the proposed
amendment to § 1.482–1(g)(4)(iii) Example 1
is the same as the text of § 1.482–1T(g)(4)(iii)
Example 1 published elsewhere in this issue
of the Federal Register].
*
*
*
*
*
(i) [The text of the proposed
amendment to § 1.482–1(i) is the same
as the text of § 1.482–1T(i) published
elsewhere in this issue of the Federal
Register].
*
*
*
*
*
(j) [The text of the proposed
amendment to § 1.482–1(j) is the same
as the text of § 1.482–1T(j)(1) and (2)
published elsewhere in this issue of the
Federal Register].
Par. 4. Section 1.482–2 is amended as
follows:
1. Paragraph (b) is revised.
2. Paragraph (e) is added.
The revision and addition reads as
follows:
§ 1.482–2 Determination of taxable income
in specific situations.
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*
*
*
*
(b) [The text of the proposed
amendment to § 1.482–2(b) is the same
as the text of § 1.482–2T(b) published
elsewhere in this issue of the Federal
Register].
*
*
*
*
*
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(e) [The text of the proposed
amendment to § 1.482–2(e) is the same
as the text of § 1.482–2T(e)(1) and (2)
published elsewhere in this issue of the
Federal Register].
Par. 5. Section 1.482–4 is amended as
follows:
1. Paragraph (f)(3) is revised.
2. Paragraphs (f)(4) and (f)(5) are
redesignated as paragraphs (f)(5) and
(f)(6), respectively.
3. New paragraphs (f)(4) and (f)(7) are
added.
The revision and addition read as
follows:
§ 1.482–4 Methods to determine taxable
income in connection with a transfer of
intangible property.
*
*
*
*
*
(f) * * *
(3) [The text of the proposed
amendment to § 1.482–4(f)(3) is the
same as the text of § 1.482–4T(f)(3)
published elsewhere in this issue of the
Federal Register].
*
*
*
*
*
(4) [The text of the proposed
amendment to § 1.482–4(f)(4) is the
same as the text of § 1.482–4T(f)(4)
published elsewhere in this issue of the
Federal Register].
*
*
*
*
*
(7) [The text of the proposed
amendment to § 1.482–4(f)(7) is the
same as the text of § 1.482–4T(f)(7)(i)
and (ii) published elsewhere in this
issue of the Federal Register].
*
*
*
*
*
Par. 6. Section 1.482–6 is amended by
revising paragraphs (c)(2)(ii)(B)(1),
(c)(2)(ii)(D), (c)(3)(i)(A), (c)(3)(i)(B), and
(c)(3)(ii)(D), and adding paragraph (d) to
read as follows:
§ 1.482–6
Profit split method.
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(c) * * *
(2) * * *
(ii) * * *
(B) * * * (1) * * * [The text of the
proposed amendment to § 1.482–
6(c)(2)(ii)(B)(1) is the same as the text of
§ 1.482–6T(c)(2)(ii)(B)(1) published
elsewhere in this issue of the Federal
Register].
*
*
*
*
*
(D) [The text of the proposed
amendment to § 1.482–6(c)(2)(ii)(D) is
the same as the text of § 1.482–
6T(c)(2)(ii)(D) published elsewhere in
this issue of the Federal Register].
*
*
*
*
*
(3) * * *
(i) * * * (A) [The text of the proposed
amendment to § 1.482–6(c)(3)(i)(A) is
the same as the text of § 1.482–
6T(c)(3)(i)(A) published elsewhere in
this issue of the Federal Register].
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(B) [The text of the proposed
amendment to § 1.482–6(c)(3)(i)(B) is
the same as the text of § 1.482–
6T(c)(3)(i)(B) published elsewhere in
this issue of the Federal Register].
*
*
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*
*
(ii) * * *
(D) [The text of the proposed
amendment to § 1.482–6(c)(3)(ii)(D) is
the same as the text of § 1.482–
6T(c)(3)(ii)(D) published elsewhere in
this issue of the Federal Register].
*
*
*
*
*
(d) [The text of the proposed
amendment to § 1.482–6(d) is the same
as the text of § 1.482–6T(d)(1) and (2)
published elsewhere in this issue of the
Federal Register].
Par. 7. Section 1.482–8 is amended by
adding Examples 10 through 12 to read
as follows:
§ 1.482–8
rule.
Examples of the best method
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*
*
*
*
(a) Example 10. Cost of services plus
method preferred to other methods. [The text
of the proposed amendment to § 1.482–8(a)
Example 10 is the same as the text of § 1.482–
8T(a) Example 10 published elsewhere in
this issue of the Federal Register].
Example 11. CPM for services preferred to
other methods. [The text of the proposed
amendment to § 1.482–8(a) Example 11 is the
same as the text of § 1.482–8T(a) Example 11
published elsewhere in this issue of the
Federal Register].
Example 12. Residual profit split preferred
to other methods. [The text of the proposed
amendment to § 1.482–8(a) Example 12 is the
same as the text of § 1.482–8T(a) Example 12
published elsewhere in this issue of the
Federal Register].
(b) [The text of the proposed amendment
to § 1.482–8(b) is the same as the text of
§ 1.482–8T(b)(1) and (2) published elsewhere
in this issue of the Federal Register].
Par. 8. A new § 1.482–9 is added to
read as follows:
§ 1.482–9 Methods to determine taxable
income in connection with a controlled
services transaction.
(a) through (m)(5) [The text of the
proposed § 1.482–9(a) through (m)(5) is
the same as the text of § 1.482–9T(a)
through (m)(5) published elsewhere in
this issue of the Federal Register].
(m)(6) Global dealing operations. A
controlled services transaction does not
include a financial transaction entered
into in connection with a global dealing
operation as defined in § 1.482–8.
(n) [The text of the proposed § 1.482–
9(n) is the same as the text of § 1.482–
9T(n)(1) and (n)(2) published elsewhere
in this issue of the Federal Register].
Par. 9. Section 1.861–8 is amended by
revising paragraphs (a)(5), the fifth and
sixth sentences in paragraph (b)(3),
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(e)(4), (f)(4)(i), (g) Examples 17, 18, and
30, and the first sentence in paragraph
(h) introductory text to read as follows:
§ 1.861–8 Computation of taxable income
from sources within the United States and
from other sources and activities.
(a) * * *
(5) [The text of the proposed
amendment to § 1.861–8(a)(5) is the
same as the text of § 1.861–8T (a)(5)
published elsewhere in this issue of the
Federal Register]
(b) * * *
(3) * * * [The text of the proposed
amendment to § 1.861–8(b)(3) is the
same as the text in § 1.861–8T(b)(3)
published elsewhere in this issue of the
Federal Register]. * * *
*
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*
*
(e) * * *
(4) [The text of the proposed
amendment to § 1.861–8(e)(4) is the
same as the text of § 1.861–8T(e)(4)
published elsewhere in this issue of the
Federal Register].
(f) * * *
(4) * * * (i) [The text of the proposed
amendment to § 1.861–8(f)(4)(i) is the
same as the text of § 1.861–8T(e)(4)(i)
published elsewhere in this issue of the
Federal Register].
(g) * * *
Example 17. [The text of the proposed
amendment to § 1.861–8(g) Example 17 is the
same as the text of § 1.861–8T(g) Example 17,
published elsewhere in this issue of the
Federal Register].
Example 18. [The text of the proposed
amendment to § 1.861–8(g) Example 18 is the
same as the text of § 1.861–8T(g) Example 18,
published elsewhere in this issue of the
Federal Register].
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*
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*
Example 30. [The text of the proposed
amendment to § 1.861–8(g) Example 30 is the
same as the text of § 1.861–8T(g) Example 30,
published elsewhere in this issue of the
Federal Register].
(h) [The text of the proposed
amendment to § 1.861–8(h) is the same
as the text of § 1.861–8T(h)(1) published
elsewhere in this issue of the Federal
Register]. * * *
*
*
*
*
*
Par. 10. Section 1.6038A–3(a)(3) is
amended by revising paragraph (a)(3)
Example 4 and (i) to read:
§ 1.6038A–3
Record maintenance.
(a) * * *
(3) * * *
Example 4. [The text of the proposed
amendment to § 1.6038A–3, Example 4 is the
same as the text of § 1.6038A–3T, Example 4
published elsewhere in this issue of the
Federal Register].
*
*
*
*
*
(i) [The text of the proposed
amendment to § 1.6038A–3(i) is the
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same as the text of § 1.6038A–3T(i)(1)
and (2) published elsewhere in this
issue of the Federal Register].
Par. 11. Section 1.6662–6 is amended
by revising paragraphs (d)(2)(ii)(B),
(d)(2)(iii)(B)(4), (d)(2)(iii)(B)(6) and (g) to
read as follows:
and (2) published elsewhere in this
issue of the Federal Register].
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*
§ 1.6662–6 Transactions between persons
described in section 482 and net section
482 transfer price adjustments.
BILLING CODE 4830–01–P
*
DEPARTMENT OF HOMELAND
SECURITY
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*
(d) * * *
(2) * * *
(ii) * * *
(B) [The text of the proposed
amendment to § 1.6662–6(d)(2)(ii)(B) is
the same as the text of § 1.6662–
6T(d)(2)(ii)(B) published elsewhere in
this issue of the Federal Register].
*
*
*
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*
(iii) * * *
(B) * * * (4) [The text of the proposed
amendment to § 1.6662–6(d)(2)(iii)(B)(4)
is the same as the text of § 1.6662–
6T(d)(2)(iii)(B)(4) published elsewhere
in this issue of the Federal Register].
*
*
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*
*
(6) [The text of the proposed
amendment to § 1.6662–6(d)(2)(iii)(B)(6)
is the same as the text of § 1.6662–
6T(d)(2)(iii)(B)(6) published elsewhere
in this issue of the Federal Register].
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*
(g) [The text of the proposed
amendment to § 1.6662–6(g) is the same
as the text of § 1.6662–6T(g)(1) and (2)
published elsewhere in this issue of the
Federal Register].
PART 31—EMPLOYMENT TAXES AND
COLLECTION OF INCOME TAX AT THE
SOURCE
Par. 12. The authority citation for part
31 continues to read as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 13. Section 31.3121(s)–1 is
amended by revising paragraphs
(c)(2)(iii) and (d) to read as follows:
§ 31.3121(s)–1 Concurrent employment by
related corporations with common
paymaster.
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(c) * * *
(2) * * *
(iii) [The text of the proposed
amendment to § 31.3121(s)–1(c)(2)(iii) is
the same as the text of § 31.3121(s)–
1T(c)(2)(iii) published elsewhere in this
issue of the Federal Register].
*
*
*
*
*
(d) [The text of the proposed
amendment to § 31.3121(s)–1(d) is the
same as the text of § 31.3121(s)–1T(d)(1)
VerDate Aug<31>2005
22:27 Aug 03, 2006
Jkt 208001
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 06–6674 Filed 7–31–06; 4:40 pm]
Coast Guard
33 CFR Part 165
[CGD09–06–122]
RIN 1625–AA00
Safety Zone; St. Louis River/Duluth/
Interlake Tar Remediation Site, Duluth,
MN
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish a safety zone on the St. Louis
River in Duluth, Minnesota. The
purpose of the safety zone is to protect
the boating public from dangers
associated with the cleanup operation in
and around Stryker Bay. Entry into this
zone will be prohibited unless
authorized by the Captain of the Port or
his duly appointed representative.
DATES: Comments and related materials
must reach the Coast Guard on or before
September 30, 2006.
ADDRESSES: You may mail comments
and related material to Coast Guard
Marine Safety Unit Duluth, 600 S. Lake
Ave., Duluth, MN 55802. Coast Guard
Marine Safety Unit (MSU) Duluth
maintains the public docket for this
rulemaking. Comments and material
received from the public are part of the
docket [CGD09–06–122] and are
available for inspection or copying at
U.S. Coast Guard Marine Safety Unit
Duluth at the above address between the
hours of 7:30 a.m. and 3:30 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
LCDR Scott Stoermer, U.S. Coast Guard
Marine Safety Unit Duluth, at (218)
720–5286, ext. 111.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD09–06–122),
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know that they reached us, please
enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Public Meeting
We do not plan to hold a public
meeting. But you may submit a request
for a meeting by writing to MSU Duluth
at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
On June 23, 2006, the Captain of the
Port Duluth issued a Temporary Final
Rule (71 FR 36012, CGD9–06–031, 33
CFR 165.T09–031) establishing a safety
zone in Stryker Bay and Hallett Slips 6
& 7, which expires on November 30,
2003. The Coast Guard, through this
action, intends to continue to ensure the
safety of the public and boating traffic
in the Stryker Bay area during the
course of an environmental remediation
project by establishing a permanent
safety zone. This safety zone is intended
to restrict vessel traffic from the portion
of St. Louis River where construction
and dredging are occurring. The size of
the zone was determined by placing the
boundaries approximately 50 feet
beyond the outermost extent of dredging
operations, encompassing all of Stryker
Bay and Hallett Slips 6&7. The Coast
Guard intends to cancel this safety zone
upon completion of the mediation
which is currently anticipated to last for
three years.
Discussion of Proposed Rule
The Coast Guard proposes a safety
zone to ensure the safety of boaters
transiting this portion of the St. Louis
River. This proposed safety zone is
identical to the current safety zone
established by the temporary final rule
discussed above.
The proposed safety zone would
encompass all waters of Stryker Bay and
Hallett Slips 6 & 7 which are located
north of a boundary line delineated by
the following points: From the shoreline
at 46°43′10.00″ N, 092°10′31.66″ W,
then south to 46°43′06.24″ N,
092°10′31.66″ W, then east to
E:\FR\FM\04AUP1.SGM
04AUP1
]]>Agencies
[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Proposed Rules]
[Pages 44247-44250]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6674]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 31
[REG-146893-02; REG-115037-00; REG-138603-03]
RIN 1545-BB31, 1545-AY38, 1545-BC52
Treatment of Services Under Section 482 Allocation of Income and
Deductions From Intangibles Stewardship Expense
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking by cross-reference to temporary
regulations, notice of proposed rulemaking, and notice of public
hearing.
-----------------------------------------------------------------------
SUMMARY: In a separate part to this issue of the Federal Register, the
IRS is issuing temporary regulations relating to the treatment of
controlled services transactions under section 482. These temporary
regulations also provide guidance regarding the allocation of income
from intangibles, in particular with respect to contribution by a
controlled party to the value of an intangible owned by another
controlled party as it relates to controlled services transactions and
modify the regulations under section 861 concerning stewardship
expenses to be consistent with the changes made to the regulations
under section 482. The text of those regulations also serves as the
text of these proposed regulations. These proposed regulations also
contain a coordination rule with global dealing operations. The
Treasury Department and the IRS are presently working on new global
dealing regulations and intend that when final regulations are issued,
those regulations, not Sec. 1.482-9T, will govern the evaluation of
the activities performed by a global dealing operation within the scope
of those regulations. Pending finalization of the global dealing
regulations, taxpayers may rely on the proposed global dealing
regulations, not the temporary services regulations, to govern
financial transactions entered into in connection with a global dealing
operation as defined in proposed Sec. 1.482-8. Therefore, proposed
regulations under Sec. 1.482-9(m)(5) clarify that a controlled
services transaction does not include a financial transaction entered
into in connection with a global dealing operation. These proposed
regulations potentially affect controlled taxpayers within the meaning
of section 482. This document also provides notice of a public hearing
on these proposed regulations.
DATES: Written or electronic comments must be received by November 2,
2006.
ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-146893-02, REG-
115037-00, and REG-138603-03), Internal Revenue Service, PO Box 7604,
Ben Franklin Station, Washington, DC 20044. Submissions may be sent
electronically, via the IRS Internet site at https://www.irs.gov/regs or
via Federal eRulemaking Portal at https://www.regulations.gov (IRS REG-
146893-02, REG-115037-00, and REG-138603-03).
FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations,
Thomas A. Vidano, (202) 435-5265, or Carol B. Tan, (202) 435-5265 for
matters relating to section 482, or David Bergkuist (202) 622-3850 for
matters relating to stewardship expenses; concerning submission of
comments, the hearing, and/or, to be placed on the building access list
to attend the hearing, [Insert Name], (202) 622-7180 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
Background and Explanation of Provisions
Temporary regulations in the Rules and Regulations section of this
issue of the Federal Register amend the Income Tax Regulations (26 CFR
parts 1 and 31) relating to section 482. The temporary regulations set
forth guidance on the treatment of controlled services transactions,
the allocation from intangibles under section 482, and stewardship
expenses under section 861. The text of those regulations also serves
as the text of these proposed regulations. The preamble to the
temporary regulations explains the temporary regulations and these
proposed regulations. These proposed regulations potentially affect
controlled taxpayers within the meaning of section 482.
Special Analyses
It has been determined that this notice of proposed rulemaking is
not a significant regulatory action as defined
[[Page 44248]]
in Executive Order 12866. Therefore, a regulatory assessment is not
required. It also has been determined that section 553(b) of the
Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to
these regulations, and because the regulation does not impose a
collection of information on small entities, the Regulatory Flexibility
Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of
the Internal Revenue Code (Code), this regulation has been submitted to
the Chief Counsel for Advocacy of the Small Business Administration for
comment on their impact on small business.
Comments and Public Hearing
Before these proposed regulations are adopted as final regulations,
consideration will be given to any written comments (a signed original
and eight (8) copies) or electronic comments that are submitted timely
to the IRS. The IRS and Treasury Department specifically request
comments on the clarity of the proposed rule and how it may be made
easier to understand. All comments will be available for public
inspection and copying.
A public hearing will be scheduled if requested in writing by any
person that timely submits written comments. If a public hearing is
scheduled, notice of the date, time, and place for the public hearing
will be published in the Federal Register.
Drafting Information
The principal authors of these regulations are Thomas A. Vidano and
Carol B. Tan, Office of Associate Chief Counsel (International).
List of Subjects
26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
26 CFR Part 31
Employment taxes, Income taxes, Penalties, Pensions, Railroad
retirement, Reporting and recordkeeping requirements, Social Security
and Unemployment compensation.
Proposed Amendments to the Regulations
Accordingly, 26 CFR parts 1 and 31 are proposed to be amended as
follows:
PART 1--INCOME TAXES
Paragraph. 1. The authority citation for part 1 is amended by
adding an entry in numerical order to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
Section 1.482-9 also issued under 26 U.S.C. 482. * * *
Par. 2. Section 1.482-0 is amended as follows:
1. The section heading is revised.
2. The entries for Sec. 1.482-2(b) are revised.
3. The entries for Sec. 1.482-4(f)(3), (f)(4) and (f)(5) are
revised and new entries for Sec. 1.482-4(f)(6) are added.
4. New entries for Sec. Sec. 1.482-6T(c)(3)(i)(B)(1) and (2) and
1.482-9T are added.
The revisions and additions read as follows:
Sec. 1.482-0 Outline of regulations under section 482.
* * * * *
[The text of the proposed amendment to Sec. 1.482-0 is the same as
the text of Sec. 1.482-0T published elsewhere in this issue of the
Federal Register].
Par. 3. Section 1.482-1 is amended as follows:
1. Paragraphs (a)(1), (b)(2)(i), (d)(3)(ii)(C) Example 3,
(d)(3)(v), (f)(2)(ii)(A), (f)(2)(iii)(B), (g)(4)(i), (g)(4)(iii) and
paragraph (i) are revised.
2. Paragraphs (d)(3)(ii)(C), Example 4 and Example 5 and (j) are
added.
The additions and revisions read as follows:
Sec. 1.482-1 Allocation of income and deductions among taxpayers.
(a)(1) [The text of the proposed amendment to Sec. 1.482-1(a)(1)
is the same as the text of Sec. 1.482-1T(a)(1) published elsewhere in
this issue of the Federal Register].
* * * * *
(b) * * *
(1) * * *
(b)(2)(i) [The text of the proposed amendment to Sec. 1.482-
1(b)(2)(i) is the same as the text of Sec. 1.482-1T(b)(2)(i) published
elsewhere in this issue of the Federal Register].
* * * * *
(d) * * *
(3) * * *
(ii) * * *
(C) * * *
Example 3. [The text of the proposed amendment to Sec. 1.482-
1(d)(3)(ii)(C), Example 3 is the same as the text of Sec. 1.482-
1T(d)(3)(ii)(C) Example 3 published elsewhere in this issue of the
Federal Register].
Example 4. [The text of the proposed amendment to Sec. 1.482-
1(d)(3)(ii)(C) Example 4 is the same as the text of Sec. 1.482-
1T(d)(3)(ii)(C) Example 4 published elsewhere in this issue of the
Federal Register].
Example 5. [The text of the proposed amendment to Sec. 1.482-
1(d)(3)(ii)(C) Example 5 is the same as the text of Sec. 1.482-
1T(d)(3)(ii)(C) Example 5 published elsewhere in this issue of the
Federal Register].
Example 6. [The text of the proposed amendment to Sec. 1.482-
1(d)(3)(ii)(C) Example 6 is the same as the text of Sec. 1.482-
1T(d)(3)(ii)(C) Example 6 published elsewhere in this issue of the
Federal Register].
(v) Property or services. [The text of the proposed amendment to
Sec. 1.482-1(d)(3)(v) is the same as the text of Sec. 1.482-
1T(d)(3)(v) published elsewhere in this issue of the Federal Register].
* * * * *
(f) * * *
(2) * * *
(ii)(A) [The text of the proposed amendment to Sec. 1.482-
1(f)(2)(ii)(A) is the same as the text of Sec. 1.482-1T(f)(2)(ii)(A)
published elsewhere in this issue of the Federal Register].
(iii) * * *
(B) [The text of the proposed amendment to Sec. 1.482-
1(f)(3)(iii)(B) is the same as the text of Sec. 1.482-1T(f)(3)(iii)(B)
published elsewhere in this issue of the Federal Register].
* * * * *
(g) * * *
(4) * * *
(i) * * * [The text of the proposed amendment to Sec. 1.482-
1(g)(4)(i) is the same as the text of Sec. 1.482-1T(g)(4)(i) published
elsewhere in this issue of the Federal Register].
(iii) * * *
Example 1. [The text of the proposed amendment to Sec. 1.482-
1(g)(4)(iii) Example 1 is the same as the text of Sec. 1.482-
1T(g)(4)(iii) Example 1 published elsewhere in this issue of the
Federal Register].
* * * * *
(i) [The text of the proposed amendment to Sec. 1.482-1(i) is the
same as the text of Sec. 1.482-1T(i) published elsewhere in this issue
of the Federal Register].
* * * * *
(j) [The text of the proposed amendment to Sec. 1.482-1(j) is the
same as the text of Sec. 1.482-1T(j)(1) and (2) published elsewhere in
this issue of the Federal Register].
Par. 4. Section 1.482-2 is amended as follows:
1. Paragraph (b) is revised.
2. Paragraph (e) is added.
The revision and addition reads as follows:
Sec. 1.482-2 Determination of taxable income in specific situations.
* * * * *
(b) [The text of the proposed amendment to Sec. 1.482-2(b) is the
same as the text of Sec. 1.482-2T(b) published elsewhere in this issue
of the Federal Register].
* * * * *
[[Page 44249]]
(e) [The text of the proposed amendment to Sec. 1.482-2(e) is the
same as the text of Sec. 1.482-2T(e)(1) and (2) published elsewhere in
this issue of the Federal Register].
Par. 5. Section 1.482-4 is amended as follows:
1. Paragraph (f)(3) is revised.
2. Paragraphs (f)(4) and (f)(5) are redesignated as paragraphs
(f)(5) and (f)(6), respectively.
3. New paragraphs (f)(4) and (f)(7) are added.
The revision and addition read as follows:
Sec. 1.482-4 Methods to determine taxable income in connection with a
transfer of intangible property.
* * * * *
(f) * * *
(3) [The text of the proposed amendment to Sec. 1.482-4(f)(3) is
the same as the text of Sec. 1.482-4T(f)(3) published elsewhere in
this issue of the Federal Register].
* * * * *
(4) [The text of the proposed amendment to Sec. 1.482-4(f)(4) is
the same as the text of Sec. 1.482-4T(f)(4) published elsewhere in
this issue of the Federal Register].
* * * * *
(7) [The text of the proposed amendment to Sec. 1.482-4(f)(7) is
the same as the text of Sec. 1.482-4T(f)(7)(i) and (ii) published
elsewhere in this issue of the Federal Register].
* * * * *
Par. 6. Section 1.482-6 is amended by revising paragraphs
(c)(2)(ii)(B)(1), (c)(2)(ii)(D), (c)(3)(i)(A), (c)(3)(i)(B), and
(c)(3)(ii)(D), and adding paragraph (d) to read as follows:
Sec. 1.482-6 Profit split method.
* * * * *
(c) * * *
(2) * * *
(ii) * * *
(B) * * * (1) * * * [The text of the proposed amendment to Sec.
1.482-6(c)(2)(ii)(B)(1) is the same as the text of Sec. 1.482-
6T(c)(2)(ii)(B)(1) published elsewhere in this issue of the Federal
Register].
* * * * *
(D) [The text of the proposed amendment to Sec. 1.482-
6(c)(2)(ii)(D) is the same as the text of Sec. 1.482-6T(c)(2)(ii)(D)
published elsewhere in this issue of the Federal Register].
* * * * *
(3) * * *
(i) * * * (A) [The text of the proposed amendment to Sec. 1.482-
6(c)(3)(i)(A) is the same as the text of Sec. 1.482-6T(c)(3)(i)(A)
published elsewhere in this issue of the Federal Register].
(B) [The text of the proposed amendment to Sec. 1.482-
6(c)(3)(i)(B) is the same as the text of Sec. 1.482-6T(c)(3)(i)(B)
published elsewhere in this issue of the Federal Register].
* * * * *
(ii) * * *
(D) [The text of the proposed amendment to Sec. 1.482-
6(c)(3)(ii)(D) is the same as the text of Sec. 1.482-6T(c)(3)(ii)(D)
published elsewhere in this issue of the Federal Register].
* * * * *
(d) [The text of the proposed amendment to Sec. 1.482-6(d) is the
same as the text of Sec. 1.482-6T(d)(1) and (2) published elsewhere in
this issue of the Federal Register].
Par. 7. Section 1.482-8 is amended by adding Examples 10 through 12
to read as follows:
Sec. 1.482-8 Examples of the best method rule.
* * * * *
(a) Example 10. Cost of services plus method preferred to other
methods. [The text of the proposed amendment to Sec. 1.482-8(a)
Example 10 is the same as the text of Sec. 1.482-8T(a) Example 10
published elsewhere in this issue of the Federal Register].
Example 11. CPM for services preferred to other methods. [The
text of the proposed amendment to Sec. 1.482-8(a) Example 11 is the
same as the text of Sec. 1.482-8T(a) Example 11 published elsewhere
in this issue of the Federal Register].
Example 12. Residual profit split preferred to other methods.
[The text of the proposed amendment to Sec. 1.482-8(a) Example 12
is the same as the text of Sec. 1.482-8T(a) Example 12 published
elsewhere in this issue of the Federal Register].
(b) [The text of the proposed amendment to Sec. 1.482-8(b) is
the same as the text of Sec. 1.482-8T(b)(1) and (2) published
elsewhere in this issue of the Federal Register].
Par. 8. A new Sec. 1.482-9 is added to read as follows:
Sec. 1.482-9 Methods to determine taxable income in connection with a
controlled services transaction.
(a) through (m)(5) [The text of the proposed Sec. 1.482-9(a)
through (m)(5) is the same as the text of Sec. 1.482-9T(a) through
(m)(5) published elsewhere in this issue of the Federal Register].
(m)(6) Global dealing operations. A controlled services transaction
does not include a financial transaction entered into in connection
with a global dealing operation as defined in Sec. 1.482-8.
(n) [The text of the proposed Sec. 1.482-9(n) is the same as the
text of Sec. 1.482-9T(n)(1) and (n)(2) published elsewhere in this
issue of the Federal Register].
Par. 9. Section 1.861-8 is amended by revising paragraphs (a)(5),
the fifth and sixth sentences in paragraph (b)(3), (e)(4), (f)(4)(i),
(g) Examples 17, 18, and 30, and the first sentence in paragraph (h)
introductory text to read as follows:
Sec. 1.861-8 Computation of taxable income from sources within the
United States and from other sources and activities.
(a) * * *
(5) [The text of the proposed amendment to Sec. 1.861-8(a)(5) is
the same as the text of Sec. 1.861-8T (a)(5) published elsewhere in
this issue of the Federal Register]
(b) * * *
(3) * * * [The text of the proposed amendment to Sec. 1.861-
8(b)(3) is the same as the text in Sec. 1.861-8T(b)(3) published
elsewhere in this issue of the Federal Register]. * * *
* * * * *
(e) * * *
(4) [The text of the proposed amendment to Sec. 1.861-8(e)(4) is
the same as the text of Sec. 1.861-8T(e)(4) published elsewhere in
this issue of the Federal Register].
(f) * * *
(4) * * * (i) [The text of the proposed amendment to Sec. 1.861-
8(f)(4)(i) is the same as the text of Sec. 1.861-8T(e)(4)(i) published
elsewhere in this issue of the Federal Register].
(g) * * *
Example 17. [The text of the proposed amendment to Sec. 1.861-
8(g) Example 17 is the same as the text of Sec. 1.861-8T(g) Example
17, published elsewhere in this issue of the Federal Register].
Example 18. [The text of the proposed amendment to Sec. 1.861-
8(g) Example 18 is the same as the text of Sec. 1.861-8T(g) Example
18, published elsewhere in this issue of the Federal Register].
* * * * *
Example 30. [The text of the proposed amendment to Sec. 1.861-
8(g) Example 30 is the same as the text of Sec. 1.861-8T(g) Example
30, published elsewhere in this issue of the Federal Register].
(h) [The text of the proposed amendment to Sec. 1.861-8(h) is the
same as the text of Sec. 1.861-8T(h)(1) published elsewhere in this
issue of the Federal Register]. * * *
* * * * *
Par. 10. Section 1.6038A-3(a)(3) is amended by revising paragraph
(a)(3) Example 4 and (i) to read:
Sec. 1.6038A-3 Record maintenance.
(a) * * *
(3) * * *
Example 4. [The text of the proposed amendment to Sec. 1.6038A-
3, Example 4 is the same as the text of Sec. 1.6038A-3T, Example 4
published elsewhere in this issue of the Federal Register].
* * * * *
(i) [The text of the proposed amendment to Sec. 1.6038A-3(i) is
the
[[Page 44250]]
same as the text of Sec. 1.6038A-3T(i)(1) and (2) published elsewhere
in this issue of the Federal Register].
Par. 11. Section 1.6662-6 is amended by revising paragraphs
(d)(2)(ii)(B), (d)(2)(iii)(B)(4), (d)(2)(iii)(B)(6) and (g) to read as
follows:
Sec. 1.6662-6 Transactions between persons described in section 482
and net section 482 transfer price adjustments.
* * * * *
(d) * * *
(2) * * *
(ii) * * *
(B) [The text of the proposed amendment to Sec. 1.6662-
6(d)(2)(ii)(B) is the same as the text of Sec. 1.6662-6T(d)(2)(ii)(B)
published elsewhere in this issue of the Federal Register].
* * * * *
(iii) * * *
(B) * * * (4) [The text of the proposed amendment to Sec. 1.6662-
6(d)(2)(iii)(B)(4) is the same as the text of Sec. 1.6662-
6T(d)(2)(iii)(B)(4) published elsewhere in this issue of the Federal
Register].
* * * * *
(6) [The text of the proposed amendment to Sec. 1.6662-
6(d)(2)(iii)(B)(6) is the same as the text of Sec. 1.6662-
6T(d)(2)(iii)(B)(6) published elsewhere in this issue of the Federal
Register].
* * * * *
(g) [The text of the proposed amendment to Sec. 1.6662-6(g) is the
same as the text of Sec. 1.6662-6T(g)(1) and (2) published elsewhere
in this issue of the Federal Register].
PART 31--EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT THE
SOURCE
Par. 12. The authority citation for part 31 continues to read as
follows:
Authority: 26 U.S.C. 7805 * * *
Par. 13. Section 31.3121(s)-1 is amended by revising paragraphs
(c)(2)(iii) and (d) to read as follows:
Sec. 31.3121(s)-1 Concurrent employment by related corporations with
common paymaster.
* * * * *
(c) * * *
(2) * * *
(iii) [The text of the proposed amendment to Sec. 31.3121(s)-
1(c)(2)(iii) is the same as the text of Sec. 31.3121(s)-1T(c)(2)(iii)
published elsewhere in this issue of the Federal Register].
* * * * *
(d) [The text of the proposed amendment to Sec. 31.3121(s)-1(d) is
the same as the text of Sec. 31.3121(s)-1T(d)(1) and (2) published
elsewhere in this issue of the Federal Register].
* * * * *
Mark E. Matthews,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 06-6674 Filed 7-31-06; 4:40 pm]
BILLING CODE 4830-01-P
