Standards for Recognition of Tax-Exempt Status if Private Benefit Exists or if an Applicable Tax-Exempt Organization Has Engaged in Excess Benefit Transaction(s); Correction, 23069 [E8-9362]

Download as PDF Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Rules and Regulations officer under the authority of § 41.105(a) are considered papers submitted with the alien’s application within the meaning of INA 221(g)(1). (3) Signature. The Form DS–160 shall be signed electronically by clicking the box designated ‘‘Sign Application’’ in the certification section of the application. This electronic signature attests to the applicant’s familiarity with and intent to be bound by all statements in the NIV application under penalty of perjury. Alternatively, except as provided in paragraph (a)(2) of this section, the Form DS–156 shall be signed by the applicant, with intent to be bound by all statement in the NIV application under penalty of perjury. (4) Registration. The Form DS–160 or the Form DS–156, when duly executed, constitutes the alien’s registration for the purposes of INA 221(b). 6. Section 41.106 is revised to read as follows: I § 41.106 Processing. Consular officers must ensure that the Form DS–160 or, alternatively, Form DS–156 is properly and promptly processed in accordance with the applicable regulations and instructions. 7. Section 41.113 is amended by revising paragraphs (g) and (h) to read as follows: I § 41.113 Procedures in issuing visas. * * * * (g) Delivery of visa. In issuing a nonimmigrant visa, the consular officer should deliver the visaed passport, or the prescribed Form DS–232, which bears the visa, to the alien or to the alien’s authorized representative. Any evidence furnished by the alien in accordance with 41.103(b) should be retained in the consular files, along with Form DS–156, if received. (h) Disposition of supporting documents. Original supporting documents furnished by the alien should be returned for presentation, if necessary, to the immigration authorities at the port of entry. Duplicate copies may be retained in the consular files or scanned into the consular system. * * * * * jlentini on PROD1PC65 with RULES * Dated: April 22, 2008. Janice L. Jacobs, Assistant Secretary for Consular Affairs, Acting, Department of State. [FR Doc. E8–9336 Filed 4–28–08; 8:45 am] 17:26 Apr 28, 2008 Jkt 214001 § 1.501(c)(3)–1 [Amended] Par. 2. Section 1.501(c)(3)–1 is amended as follows: I 1. In paragraph (d)(1)(iii) Example 2. (ii), in the second sentence, the language ‘‘As a result, the sole activity of O serves the private interests of these artists.’’ is removed and the language ‘‘As a result, the principal activity of O serves the private interests of these artists.’’ is added in its place. I 2. In paragraph (f)(2)(iv) Example 2. (iii), in the sixth sentence, the language ‘‘Beginning in Year 4, however, as O’s exempt function activities grow, the size and scope of the excess benefit transactions that occurred in Year 3 become less and less significant as compared to the size and extent of O’s regular and ongoing exempt function activities.’’ is removed and the language ‘‘Beginning in Year 4, however, as O’s exempt function activities grow, the size and scope of the excess benefit transactions that occurred in Year 3 become less and less significant as compared to the size and scope of O’s regular and ongoing exempt function activities.’’ is added in its place. I 3. In paragraph (f)(2)(iv) Example 4. (iii), in the fourth sentence, the language ‘‘By adopting a conflicts of interest policy and significant new contract review procedures and by terminating C, O has implemented safeguards that are reasonably calculated to prevent future violations.’’ is removed and the language ‘‘By adopting a conflicts of interest policy and new contract review procedures and by terminating C, O has implemented safeguards that are reasonably calculated to prevent future violations.’’ is added in its place. * * * * * I Internal Revenue Service 26 CFR Part 1 [TD 9390] RIN 1545–BE37 Standards for Recognition of TaxExempt Status if Private Benefit Exists or if an Applicable Tax-Exempt Organization Has Engaged in Excess Benefit Transaction(s); Correction Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. AGENCY: SUMMARY: This document contains corrections to final regulations (TD 9390) that were published in the Federal Register on Friday, March 28, 2008 (73 FR 16519) clarifying the substantive requirements for tax exemption under section 501(c)(3) of the Internal Revenue Code. These final regulations also contain provisions that clarify the relationship between the substantive requirements for tax exemption under section 501(c)(3) and the imposition of section 4958 excise taxes on excess benefit transactions. DATES: This correction is effective April 29, 2008 and is applicable on March 28, 2008. FOR FURTHER INFORMATION CONTACT: Galina Kolomietz, (202) 622–7971 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations that are the subject of this document are under sections 501(c)(3) and 4958 of the Internal Revenue Code. Need for Correction As published, final regulations (TD 9390) contain errors that may prove to be misleading and are in need of clarification. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E8–9362 Filed 4–28–08; 8:45 am] BILLING CODE 4830–01–P List of Subjects in 26 CFR Part 1 DEPARTMENT OF THE TREASURY Income taxes, Reporting and recordkeeping requirements. Internal Revenue Service 26 CFR Parts 1, 301, and 602 Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following correcting amendments: I PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: I Authority: 26 U.S.C. 7805 * * * BILLING CODE 4710–06–P VerDate Aug<31>2005 DEPARTMENT OF THE TREASURY 23069 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 [TD 9394] RIN 1545–BD80 Special Rules To Reduce Section 1446 Withholding Internal Revenue Service (IRS), Treasury. ACTION: Final regulations and removal of temporary regulations. AGENCY: E:\FR\FM\29APR1.SGM 29APR1

Agencies

[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Rules and Regulations]
[Page 23069]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9362]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 9390]
RIN 1545-BE37


Standards for Recognition of Tax-Exempt Status if Private Benefit 
Exists or if an Applicable Tax-Exempt Organization Has Engaged in 
Excess Benefit Transaction(s); Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correcting amendment.

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

SUMMARY: This document contains corrections to final regulations (TD 
9390) that were published in the Federal Register on Friday, March 28, 
2008 (73 FR 16519) clarifying the substantive requirements for tax 
exemption under section 501(c)(3) of the Internal Revenue Code. These 
final regulations also contain provisions that clarify the relationship 
between the substantive requirements for tax exemption under section 
501(c)(3) and the imposition of section 4958 excise taxes on excess 
benefit transactions.

DATES: This correction is effective April 29, 2008 and is applicable on 
March 28, 2008.

FOR FURTHER INFORMATION CONTACT: Galina Kolomietz, (202) 622-7971 (not 
a toll-free number).

SUPPLEMENTARY INFORMATION: 

Background

    The final regulations that are the subject of this document are 
under sections 501(c)(3) and 4958 of the Internal Revenue Code.

Need for Correction

    As published, final regulations (TD 9390) contain errors that may 
prove to be misleading and are in need of clarification.

List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

Correction of Publication

0
Accordingly, 26 CFR part 1 is corrected by making the following 
correcting amendments:

PART 1--INCOME TAXES

0
Paragraph 1. The authority citation for part 1 continues to read in 
part as follows:

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

Sec.  1.501(c)(3)-1  [Amended]

0
Par. 2. Section 1.501(c)(3)-1 is amended as follows:
0
1. In paragraph (d)(1)(iii) Example 2. (ii), in the second sentence, 
the language ``As a result, the sole activity of O serves the private 
interests of these artists.'' is removed and the language ``As a 
result, the principal activity of O serves the private interests of 
these artists.'' is added in its place.
0
2. In paragraph (f)(2)(iv) Example 2. (iii), in the sixth sentence, the 
language ``Beginning in Year 4, however, as O's exempt function 
activities grow, the size and scope of the excess benefit transactions 
that occurred in Year 3 become less and less significant as compared to 
the size and extent of O's regular and ongoing exempt function 
activities.'' is removed and the language ``Beginning in Year 4, 
however, as O's exempt function activities grow, the size and scope of 
the excess benefit transactions that occurred in Year 3 become less and 
less significant as compared to the size and scope of O's regular and 
ongoing exempt function activities.'' is added in its place.
0
3. In paragraph (f)(2)(iv) Example 4. (iii), in the fourth sentence, 
the language ``By adopting a conflicts of interest policy and 
significant new contract review procedures and by terminating C, O has 
implemented safeguards that are reasonably calculated to prevent future 
violations.'' is removed and the language ``By adopting a conflicts of 
interest policy and new contract review procedures and by terminating 
C, O has implemented safeguards that are reasonably calculated to 
prevent future violations.'' is added in its place.
* * * * *

LaNita Van Dyke,
Chief, Publications and Regulations Branch, Legal Processing Division, 
Associate Chief Counsel (Procedure and Administration).
 [FR Doc. E8-9362 Filed 4-28-08; 8:45 am]
BILLING CODE 4830-01-P
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