Amendments to the Section 7216 Regulations-Disclosure or Use of Information by Preparers of Returns, 94-95 [E9-31114]

Download as PDF 94 Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Proposed Rules (10) Although Bombardier Alert Service Bulletin A604–24–017, Revision 01, dated January 15, 2007; and Service Bulletin 604– 24–019, dated October 1, 2007; specify submitting certain information to the manufacturer, this AD does not require that submission. DEPARTMENT OF THE TREASURY FAA AD Differences RIN 1545–BI85 Note 5: This AD differs from the MCAI and/or service information as follows: Although the MCAI or service information tells you to submit information to the manufacturer, paragraph (f)(10) of this AD specifies that such submittal is not required. Amendments to the Section 7216 Regulations—Disclosure or Use of Information by Preparers of Returns Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Program Manager, Continued Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228–7300; fax (516) 794–5531. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. Related Information pwalker on DSK8KYBLC1PROD with PROPOSALS (h) Refer to MCAI Canadian Airworthiness Directive CF–2009–24, issued May 19, 2009; Bombardier Alert Service Bulletin A604–24– 017, Revision 01, dated January 15, 2007; and Bombardier Service Bulletin 604–24–019, dated October 1, 2007; for related information. Issued in Renton, Washington, on December 23, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–31137 Filed 12–31–09; 8:45 am] BILLING CODE 4910–13–P VerDate Nov<24>2008 17:10 Dec 31, 2009 Jkt 220001 Internal Revenue Service 26 CFR Part 301 [REG–131028–09] 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 that provide updated guidance affecting tax return preparers regarding the use of information related to lists for solicitation of tax return business; the disclosure or use of statistical compilations of data under section 7216 of the Internal Revenue Code (Code) by a tax return preparer in connection with, or in support of, a tax return preparer’s tax return preparation business, including identification of additional limited circumstances when a tax return preparer who compiles statistical information may disclose the compilation without taxpayer consent, and the placement of additional restrictions on the content of the compilation that may be disclosed under those circumstances without taxpayer consent; and the disclosure or use of information for the purpose of performing conflict reviews. The text of those temporary regulations also serves as the text of these proposed regulations. This document invites comments from the public on these regulations. DATES: Written or electronic comments and requests for a public hearing must be received by March 5, 2010. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG–131028–09), room 5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG–131028–09), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC, or sent electronically, via the Federal eRulemaking Portal at http:// www.regulations.gov (IRS REG–131028– 09). FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 Molly K. Donnelly, (202) 622–4940; concerning the submissions of comments and requests for hearing, Richard Hurst, (202) 622–7180 (not tollfree numbers). SUPPLEMENTARY INFORMATION: Background and Explanation of Provisions This document contains proposed amendments to 26 CFR part 301 under section 7216 to provide modified rules relating to the ability of a tax return preparer to use tax return information, without taxpayer consent, for the purposes of compiling, maintaining, and using lists for solicitation of tax return business under § 301.7216–2(n); disclose and use statistical compilations of data described in § 301.7216– 1(b)(3)(i)(B) under § 301.7216–2(o), and disclose and use tax return information for the purpose of performing conflict reviews under § 301.7216–2(p). Temporary regulations in the Procedure and Administration section of this issue of the Federal Register amend 26 CFR part 301. The text of those regulations also serves as the text of these regulations. The preamble to the temporary regulations explains the temporary regulations and these proposed regulations. 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 has also 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 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 a Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any written (a signed original and eight (8) copies) or electronic comments that are submitted timely to the IRS. The IRS and the Treasury Department request comments on the clarity of the proposed rules, how they can be made easier to understand, and the administrability of the rules in the proposed regulations. All comments will be made available for public inspection and copying. A public E:\FR\FM\04JAP1.SGM 04JAP1 Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Proposed Rules 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. DEPARTMENT OF THE TREASURY Fiscal Service 31 CFR Part 240 RIN 1510–AB25 Drafting Information Endorsement and Payment of Checks Drawn on the United States Treasury The principal author of these regulations is Molly K. Donnelly, Office of the Associate Chief Counsel (Procedure and Administration). AGENCY: Financial Management Service, Fiscal Service, Treasury. ACTION: Notice of proposed rulemaking, with request for comment. List of Subjects in 26 CFR Part 301 SUMMARY: The Department of the Treasury, Financial Management Service (FMS), is proposing to amend its regulation governing the endorsement and payment of checks drawn on the United States Treasury, to provide that Treasury may direct Federal Reserve Banks to debit a financial institution’s account at the financial institution’s servicing Federal Reserve Bank for all check reclamations that the financial institution has not protested. Financial institutions will continue to have the right to file a protest with FMS if they believe a proposed reclamation is in error. 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 301.7216–2 is amended by revising paragraphs (n), (o), and (p) to read as follows: § 301.7216–2 Permissible disclosures or uses without consent of the taxpayer. * * * * (n) [The text of proposed amendments to § 301.7216–2(n) is the same as the text for § 301.7216–2T(n) published elsewhere in this issue of the Federal Register]. (o) [The text of proposed amendments to § 301.7216–2(o) is the same as the text for § 301.7216–2T(o) published elsewhere in this issue of the Federal Register]. (p) [The text of proposed amendments to § 301.7216–2(p) is the same as the text for § 301.7216–2T(p) published elsewhere in this issue of the Federal Register]. * * * * * pwalker on DSK8KYBLC1PROD with PROPOSALS * Steven T. Miller, Deputy Commissioner for Services and Enforcement. [FR Doc. E9–31114 Filed 12–29–09; 4:15 pm] BILLING CODE 4830–01–P VerDate Nov<24>2008 17:10 Dec 31, 2009 Jkt 220001 DATES: Comments on the proposed rule must be received by March 5, 2010. ADDRESSES: The Financial Management Service (FMS) participates in the U.S. government’s eRulemaking Initiative by publishing rulemaking information on http://www.regulations.gov. Regulations.gov offers the public the ability to comment on, search, and view publicly available rulemaking materials, including comments received on rules. Comments on this rule, identified by docket FISCAL–FMS–2009–0002, should only be submitted using the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions on the Web site for submitting comments. • Mail: Larry Phelps, Financial Management Service, 3700 East-West Highway, Room 7–D–24, Hyattsville, Maryland 20782. The fax and e-mail methods of submitting comments on rules to FMS have been retired. Instructions: All submissions received must include the agency name (‘‘Financial Management Service’’) and docket number FISCAL–FMS–2009– 0002 for this rulemaking. In general, comments received will be published on Regulations.gov without change, including any business or personal information provided. Comments received, including attachments and other supporting materials, are part of PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 95 the public record and subject to public disclosure. Do not enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. You may also inspect and copy this proposed rule at: Treasury Department Library, Freedom of Information Act (FOIA) Collection, Room 1428, Main Treasury Building, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. Before visiting, you must call (202) 622– 0990 for an appointment. FOR FURTHER INFORMATION CONTACT: Larry Phelps, Management and Program Analyst, Check Resolution Division, at (202) 874–8263 or larry.phelps@ fms.treas.gov; or William J. Erle, Senior Counsel, at (202) 874–6975 or william.erle@fms.treas.gov. SUPPLEMENTARY INFORMATION: I. Background The Department of the Treasury (Treasury), Financial Management Service (FMS),1 is proposing revisions to its regulation, 31 CFR part 240 (Part 240), governing the endorsement and payment of checks drawn on the United States Treasury. The rules in Part 240 set forth how checks may be endorsed, and the remedies available to Treasury when checks are improperly negotiated, such as a negotiation over a forged endorsement. Part 240 provides for the allocation of loss between the Government and endorsers of the check. The regulation also provides information on how Treasury will collect debts owed by financial institutions and other endorsers when they fail to pay check reclamations made by Treasury pursuant to the regulation. FMS is proposing to amend Part 240 to provide that Treasury may direct Federal Reserve Banks to debit a financial institution’s account at the financial institution’s servicing Federal Reserve Bank for all check reclamations for which the financial institution has not submitted a valid protest with supporting documentation. Financial institutions will continue to have the right to file a protest with FMS if they believe a proposed reclamation is in error and are able to supply supporting documentation. Under the existing regulation, Treasury sends a ‘‘Request for Refund (Reclamation)’’ to the financial institution that presented the check being reclaimed. The request advises the 1 FMS is the bureau within Treasury that is charged with implementing Treasury’s authority in this area. The terms Treasury and FMS are used interchangeably in this proposed rule. E:\FR\FM\04JAP1.SGM 04JAP1

Agencies

[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Proposed Rules]
[Pages 94-95]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31114]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301

[REG-131028-09]
RIN 1545-BI85


Amendments to the Section 7216 Regulations--Disclosure or Use of 
Information by Preparers of Returns

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 that provide 
updated guidance affecting tax return preparers regarding the use of 
information related to lists for solicitation of tax return business; 
the disclosure or use of statistical compilations of data under section 
7216 of the Internal Revenue Code (Code) by a tax return preparer in 
connection with, or in support of, a tax return preparer's tax return 
preparation business, including identification of additional limited 
circumstances when a tax return preparer who compiles statistical 
information may disclose the compilation without taxpayer consent, and 
the placement of additional restrictions on the content of the 
compilation that may be disclosed under those circumstances without 
taxpayer consent; and the disclosure or use of information for the 
purpose of performing conflict reviews. The text of those temporary 
regulations also serves as the text of these proposed regulations. This 
document invites comments from the public on these regulations.

DATES: Written or electronic comments and requests for a public hearing 
must be received by March 5, 2010.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-131028-09), room 
5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, 
Washington, DC 20044. Submissions may be hand delivered Monday through 
Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-
131028-09), Courier's Desk, Internal Revenue Service, 1111 Constitution 
Avenue, NW., Washington, DC, or sent electronically, via the Federal 
eRulemaking Portal at http://www.regulations.gov (IRS REG-131028-09).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Molly K. Donnelly, (202) 622-4940; concerning the submissions of 
comments and requests for hearing, Richard Hurst, (202) 622-7180 (not 
toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background and Explanation of Provisions

    This document contains proposed amendments to 26 CFR part 301 under 
section 7216 to provide modified rules relating to the ability of a tax 
return preparer to use tax return information, without taxpayer 
consent, for the purposes of compiling, maintaining, and using lists 
for solicitation of tax return business under Sec.  301.7216-2(n); 
disclose and use statistical compilations of data described in Sec.  
301.7216-1(b)(3)(i)(B) under Sec.  301.7216-2(o), and disclose and use 
tax return information for the purpose of performing conflict reviews 
under Sec.  301.7216-2(p). Temporary regulations in the Procedure and 
Administration section of this issue of the Federal Register amend 26 
CFR part 301. The text of those regulations also serves as the text of 
these regulations. The preamble to the temporary regulations explains 
the temporary regulations and these proposed regulations.

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 has also 
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 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 a Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any written (a signed original and eight 
(8) copies) or electronic comments that are submitted timely to the 
IRS. The IRS and the Treasury Department request comments on the 
clarity of the proposed rules, how they can be made easier to 
understand, and the administrability of the rules in the proposed 
regulations. All comments will be made available for public inspection 
and copying. A public

[[Page 95]]

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 author of these regulations is Molly K. Donnelly, 
Office of the Associate Chief Counsel (Procedure and Administration).

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 301.7216-2 is amended by revising paragraphs (n), 
(o), and (p) to read as follows:


Sec.  301.7216-2  Permissible disclosures or uses without consent of 
the taxpayer.

* * * * *
    (n) [The text of proposed amendments to Sec.  301.7216-2(n) is the 
same as the text for Sec.  301.7216-2T(n) published elsewhere in this 
issue of the Federal Register].
    (o) [The text of proposed amendments to Sec.  301.7216-2(o) is the 
same as the text for Sec.  301.7216-2T(o) published elsewhere in this 
issue of the Federal Register].
    (p) [The text of proposed amendments to Sec.  301.7216-2(p) is the 
same as the text for Sec.  301.7216-2T(p) published elsewhere in this 
issue of the Federal Register].
* * * * *

 Steven T. Miller,
Deputy Commissioner for Services and Enforcement.
[FR Doc. E9-31114 Filed 12-29-09; 4:15 pm]
BILLING CODE 4830-01-P