Change to Office To Which Notices of Nonjudicial Sale and Requests for Return of Wrongfully Levied Property Must Be Sent, 39771-39772 [E7-14051]

Download as PDF Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Proposed Rules the correction is under section 199 of the Internal Revenue Code. ‘‘allocated $96 of the EAG’s section 199 deduction. For the’’. Need for Correction LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E7–14080 Filed 7–19–07; 8:45 am] As published, the notice of proposed rulemaking (REG–103842–07) contains errors that may prove to be misleading and are in need of clarification. BILLING CODE 4830–01–P Correction of Publication Accordingly, the publication of the notice of proposed rulemaking (REG– 103842–07), that is the subject of FR Doc. E7–10821, is corrected as follows: 1. On page 31480, column 2, in the preamble, under the paragraph heading ‘‘Expanded Affiliated Groups’’, second paragraph of the column, lines 25 through 28, the language ‘‘assume that X and Y each have $60 of taxable income and QPAI in 2007, Z has $170 of taxable income and QPAI in 2008, and that X, Y, and Z each have’’ is corrected to read ‘‘assume that X and Y each has $60 of taxable income and QPAI in 2007, Z has $170 of taxable income and QPAI in 2008, and that X, Y, and Z each has’’. DEPARTMENT OF THE TREASURY § 1.199–3 SUMMARY: In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the discharge of liens under section 7425 and return of wrongfully levied upon property under section 6343 of the Internal Revenue Code (Code) of 1986. Those regulations clarify that such notices and claims should be sent to the IRS official and office specified in the relevant IRS publications. The regulations will affect parties seeking to provide the IRS with notice of a nonjudicial foreclosure sale and parties making administrative requests for return of wrongfully levied property. The text of those regulations also serves as the text of these proposed regulations. DATES: Written or electronic comments and requests for a public hearing must be received by October 18, 2007. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG–148951–05), Room 5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be handdelivered to CC:PA:LPD:PR (REG– 148951–05), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC 20224. Alternatively, taxpayers may submit comments electronically to the IRS Internet site via the Federal eRulemaking Portal at www.regulations.gov (IRS REG–148951– 05). FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, [Corrected] 2. On page 31482, column 1, § 1.199– 3(k)(7)(i), line 2 from the bottom of the paragraph, the language ‘‘Paragraph (g)(4)(ii)(A) of this section’’ is corrected to read ‘‘Paragraph (g)(3)(ii)(A) of this section’’. rwilkins on PROD1PC63 with PROPOSALS § 1.199–7 [Corrected] 3. On page 31482, column 3, § 1.199– 7(e) Example 10. paragraph (i), line 5 of the paragraph, the language ‘‘B each use the section 861 method for’’ is corrected to read ‘‘B each uses the section 861 method for’’. 4. On page 31482, column 3, § 1.199– 7(e) Example 10. paragraph (iii), line 8 of the paragraph, the language ‘‘B becomes a non-member of the consolidated’’ is corrected to read ‘‘B becomes a nonmember of the consolidated’’. 5. On page 31483, column 1, § 1.199– 7(g)(3) Example. paragraph (i), lines 9 through 11 of the paragraph, the language ‘‘year, neither X, Y, nor Z join in the filing of a consolidated Federal income tax return. Assume that X, Y, and Z each have W–2’’ is corrected to read ‘‘year, neither X, Y, nor Z joins in the filing of a consolidated Federal income tax return. Assume that X, Y, and Z each has W–2’’. 6. On page 31483, column 1, § 1.199– 7(g)(3) Example. paragraph (ii), line 5 from the bottom of the column, the language ‘‘allocated $96 of the deduction. For the’’ is corrected to read VerDate Aug<31>2005 16:06 Jul 19, 2007 Jkt 211001 Internal Revenue Service 26 CFR Part 301 [REG–148951–05] RIN 1545–BF54 Change to Office To Which Notices of Nonjudicial Sale and Requests for Return of Wrongfully Levied Property Must Be Sent Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking by cross-reference to temporary regulations. AGENCY: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 39771 Robin M. Ferguson, (202) 622–3610; concerning submissions of comments, the hearing, call Kelly Banks, (202) 622– 7180 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background Temporary regulations in the Rules and Regulations section of this issue of the Federal Register contain amendments to the Procedure and Administration Regulations (26 CFR part 301) relating to the giving of notice of nonjudicial sales under section 7425(b) of the Code and requests for return of wrongfully levied property under section 6343(b) of the Code. 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. Proposed Effective Date These regulations are proposed to apply to any notice of sale filed or request for return of property made after the date that these regulations are published as final regulations in the Federal Register. Special Analyses It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined 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 regulations do 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, this regulation has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Comments and Requests for Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any electronic and 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 rules and how they 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 E:\FR\FM\20JYP1.SGM 20JYP1 39772 Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Proposed Rules 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 author of these regulations is Robin M. Ferguson, Office of Associate Chief Counsel, Procedure and Administration (Collection, Bankruptcy and Summonses Division). List of Subjects in 26 CFR Part 301 Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. Proposed Amendments to the Regulations Accordingly, 26 CFR part 301 is proposed to be amended as follows: PART 301—PROCEDURE AND ADMINISTRATION Paragraph 1. The authority citation for part 301 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 301.6343–2 is amended by revising paragraphs (a)(1) introductory text, (b) introductory text, and (e) to read as follows: rwilkins on PROD1PC63 with PROPOSALS § 301.6343–2 Return of wrongfully levied upon property. (a)(1) [The text of the proposed amendment for § 301.6343–2(a)(1) introductory text is the same as the text of § 301.6343–2T(a)(1) introductory text published elsewhere in this issue of the Federal Register]. * * * * * (b) [The text of the proposed amendment for § 301.6343–2(b) introductory text is the same as the text of § 301.6343–2T(b) introductory text published elsewhere in this issue of the Federal Register]. * * * * * (e) [The text of the proposed amendment for § 301.6343–2(e) is the same as the text of § 301.6343–2T(e) published elsewhere in this issue of the Federal Register]. Par. 3. Section 301.7425–3 is amended by revising paragraphs (a)(1), (b)(1), (b)(2), (c)(1), (d)(2), (d)(3), and (d)(4), and adding paragraph (e) to read as follows: § 301.7425–3 rules. Discharge of liens; special (a) * * * (1) [The text of the proposed amendment for § 301.7425–3(a)(1) is the same as the text of § 301.7425–3T(a)(1) VerDate Aug<31>2005 16:06 Jul 19, 2007 Jkt 211001 published elsewhere in this issue of the Federal Register]. * * * * * (b) * * * (1) [The text of the proposed amendment for § 301.7425–3(b)(1) is the same as the text of § 301.7425–3T(b)(1) published elsewhere in this issue of the Federal Register]. (2) [The text of the proposed amendment for § 301.7425–3(b)(2) is the same as the text of § 301.7425–3T(b)(2) published elsewhere in this issue of the Federal Register]. (c) * * * (1) [The text of the proposed amendment for § 301.7425–3(c)(1) is the same as the text of § 301.7425–3T(c)(1) published elsewhere in this issue of the Federal Register]. * * * * * (d) * * * (2) [The text of the proposed amendment for § 301.7425–3(d)(2) is the same as the text of § 301.7425–3T(d)(2) published elsewhere in this issue of the Federal Register]. (3) [The text of the proposed amendment for § 301.7425–3(d)(3) is the same as the text of § 301.7425–3T(d)(3) published elsewhere in this issue of the Federal Register]. (4) [The text of the proposed amendment for § 301.7425–3(d)(4) is the same as the text of § 301.7425–3T(d)(4) published elsewhere in this issue of the Federal Register]. (e) [The text of the proposed amendment for § 301.7425–3(e) is the same as the text of § 301.7425–3T(e) published elsewhere in this issue of the Federal Register]. Kevin M. Brown, Deputy Commissioner for Services and Enforcement. [FR Doc. E7–14051 Filed 7–19–07; 8:45 am] BILLING CODE 4830–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2006–0849; FRL–8442–7] Approval and Promulgation of Implementation Plans; Louisiana; Clean Air Interstate Rule Sulfur Dioxide Trading Program Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve a revision to the Louisiana State Implementation Plan (SIP) submitted on September 22, 2006, enacted at Louisiana Administrative Code, Title 33, Part III, Chapter 5, Section 506(C) (LAC 33:III.506(C)). This revision PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 addresses the requirements of EPA’s Clean Air Interstate Rule (CAIR) Sulfur Dioxide (SO2) Trading Program, promulgated on May 12, 2005 and subsequently revised on April 28, 2006. EPA is proposing to determine that the SIP revision fully implements the CAIR SO2 requirements for Louisiana. Therefore, as a consequence of the SIP approval, EPA will also withdraw the CAIR Federal Implementation Plan (CAIR FIP) concerning SO2 emissions for Louisiana. The CAIR FIPs for all States in the CAIR region were promulgated on April 28, 2006 and subsequently revised on December 13, 2006. CAIR requires States to reduce emissions of SO2 and nitrogen oxides (NOX) that significantly contribute to, and interfere with maintenance of, the national ambient air quality standards for fine particulates and/or ozone in any downwind state. CAIR establishes State budgets for SO2 and NOX and requires States to submit SIP revisions that implement these budgets in States that EPA concluded did contribute to nonattainment in downwind states. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered cap-and-trade programs. In the SIP revision that EPA is proposing to approve, Louisiana would meet CAIR SO2 requirements by participating in the EPA-administered cap-and-trade program addressing SO2 emissions. The intended effect of this action is to reduce SO2 emissions from the State of Louisiana that are contributing to nonattainment of the PM2.5 National Ambient Air Quality Standard (NAAQS or standard) in downwind states. This action is being taken under section 110 of the Federal Clean Air Act (the Act or CAA). DATES: Comments must be received on or before August 20, 2007. ADDRESSES: Comments may be mailed to Mr. Jeff Robinson, Chief, Air Permits Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Comments may also be submitted electronically or through hand delivery/ courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register. FOR FURTHER INFORMATION CONTACT: If you have questions concerning today’s proposal, please contact Ms. Adina Wiley (6PD–R), Air Permits Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue (6PD–R), Suite 1200, Dallas, TX 75202–2733. The E:\FR\FM\20JYP1.SGM 20JYP1

Agencies

[Federal Register Volume 72, Number 139 (Friday, July 20, 2007)]
[Proposed Rules]
[Pages 39771-39772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14051]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301

[REG-148951-05]
RIN 1545-BF54


Change to Office To Which Notices of Nonjudicial Sale and 
Requests for Return of Wrongfully Levied Property Must Be Sent

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking by cross-reference to temporary 
regulations.

-----------------------------------------------------------------------

SUMMARY: In the Rules and Regulations section of this issue of the 
Federal Register, the IRS is issuing temporary regulations relating to 
the discharge of liens under section 7425 and return of wrongfully 
levied upon property under section 6343 of the Internal Revenue Code 
(Code) of 1986. Those regulations clarify that such notices and claims 
should be sent to the IRS official and office specified in the relevant 
IRS publications. The regulations will affect parties seeking to 
provide the IRS with notice of a nonjudicial foreclosure sale and 
parties making administrative requests for return of wrongfully levied 
property. The text of those regulations also serves as the text of 
these proposed regulations.

DATES: Written or electronic comments and requests for a public hearing 
must be received by October 18, 2007.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-148951-05), Room 
5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, 
Washington, DC 20044. Submissions may be hand-delivered to CC:PA:LPD:PR 
(REG-148951-05), Courier's Desk, Internal Revenue Service, 1111 
Constitution Avenue, NW., Washington, DC 20224. Alternatively, 
taxpayers may submit comments electronically to the IRS Internet site 
via the Federal eRulemaking Portal at www.regulations.gov (IRS REG-
148951-05).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Robin M. Ferguson, (202) 622-3610; concerning submissions of comments, 
the hearing, call Kelly Banks, (202) 622-7180 (not toll-free numbers).

SUPPLEMENTARY INFORMATION: 

Background

    Temporary regulations in the Rules and Regulations section of this 
issue of the Federal Register contain amendments to the Procedure and 
Administration Regulations (26 CFR part 301) relating to the giving of 
notice of nonjudicial sales under section 7425(b) of the Code and 
requests for return of wrongfully levied property under section 6343(b) 
of the Code. 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.

Proposed Effective Date

    These regulations are proposed to apply to any notice of sale filed 
or request for return of property made after the date that these 
regulations are published as final regulations in the Federal Register.

Special Analyses

    It has been determined that this notice of proposed rulemaking is 
not a significant regulatory action as defined 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 regulations do 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, this 
regulation has been submitted to the Chief Counsel for Advocacy of the 
Small Business Administration for comment on its impact on small 
business.

Comments and Requests for Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any electronic and 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 rules and 
how they 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

[[Page 39772]]

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 author of these regulations is Robin M. Ferguson, 
Office of Associate Chief Counsel, Procedure and Administration 
(Collection, Bankruptcy and Summonses Division).

List of Subjects in 26 CFR Part 301

    Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income 
taxes, Penalties, Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 301 is proposed to be amended as follows:

PART 301--PROCEDURE AND ADMINISTRATION

    Paragraph 1. The authority citation for part 301 continues to read 
in part as follows:

    Authority: 26 U.S.C. 7805 * * *

    Par. 2. Section 301.6343-2 is amended by revising paragraphs (a)(1) 
introductory text, (b) introductory text, and (e) to read as follows:


Sec.  301.6343-2  Return of wrongfully levied upon property.

    (a)(1) [The text of the proposed amendment for Sec.  301.6343-
2(a)(1) introductory text is the same as the text of Sec.  301.6343-
2T(a)(1) introductory text published elsewhere in this issue of the 
Federal Register].
* * * * *
    (b) [The text of the proposed amendment for Sec.  301.6343-2(b) 
introductory text is the same as the text of Sec.  301.6343-2T(b) 
introductory text published elsewhere in this issue of the Federal 
Register].
* * * * *
    (e) [The text of the proposed amendment for Sec.  301.6343-2(e) is 
the same as the text of Sec.  301.6343-2T(e) published elsewhere in 
this issue of the Federal Register].
    Par. 3. Section 301.7425-3 is amended by revising paragraphs 
(a)(1), (b)(1), (b)(2), (c)(1), (d)(2), (d)(3), and (d)(4), and adding 
paragraph (e) to read as follows:


Sec.  301.7425-3  Discharge of liens; special rules.

    (a) * * * (1) [The text of the proposed amendment for Sec.  
301.7425-3(a)(1) is the same as the text of Sec.  301.7425-3T(a)(1) 
published elsewhere in this issue of the Federal Register].
* * * * *
    (b) * * * (1) [The text of the proposed amendment for Sec.  
301.7425-3(b)(1) is the same as the text of Sec.  301.7425-3T(b)(1) 
published elsewhere in this issue of the Federal Register].
    (2) [The text of the proposed amendment for Sec.  301.7425-3(b)(2) 
is the same as the text of Sec.  301.7425-3T(b)(2) published elsewhere 
in this issue of the Federal Register].
    (c) * * * (1) [The text of the proposed amendment for Sec.  
301.7425-3(c)(1) is the same as the text of Sec.  301.7425-3T(c)(1) 
published elsewhere in this issue of the Federal Register].
* * * * *
    (d) * * * (2) [The text of the proposed amendment for Sec.  
301.7425-3(d)(2) is the same as the text of Sec.  301.7425-3T(d)(2) 
published elsewhere in this issue of the Federal Register].
    (3) [The text of the proposed amendment for Sec.  301.7425-3(d)(3) 
is the same as the text of Sec.  301.7425-3T(d)(3) published elsewhere 
in this issue of the Federal Register].
    (4) [The text of the proposed amendment for Sec.  301.7425-3(d)(4) 
is the same as the text of Sec.  301.7425-3T(d)(4) published elsewhere 
in this issue of the Federal Register].
    (e) [The text of the proposed amendment for Sec.  301.7425-3(e) is 
the same as the text of Sec.  301.7425-3T(e) published elsewhere in 
this issue of the Federal Register].

Kevin M. Brown,
Deputy Commissioner for Services and Enforcement.
 [FR Doc. E7-14051 Filed 7-19-07; 8:45 am]
BILLING CODE 4830-01-P
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