Use of Controlled Corporations To Avoid the Application of Section 304; Correction, 8796 [2010-3927]
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Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations
Subpart A—[Amended]
2. Add an authority citation to subpart
A of part 1631 to read as follows:
■
subpoena in the appropriate United
States district court.
[FR Doc. 2010–3917 Filed 2–25–10; 8:45 am]
BILLING CODE 6760–01–P
Authority: 5 U.S.C. 552.
3. Add an authority citation to subpart
B of part 1631 to read as follows:
■
Authority: 5 U.S.C. 552.
The Executive Director or General
Counsel may issue subpoenas pursuant
to 5 U.S.C. 8480. The General Counsel
may delegate this authority to a Deputy
General Counsel, Associate General
Counsel, or Assistant General Counsel.
Production of records.
A subpoena may require the
production of designated books,
documents, records, electronically
stored information, or tangible materials
in the possession or control of the
subpoenaed party when the individual
signing the subpoena has determined
that production is necessary to carry out
any of the Agency’s functions.
sroberts on DSKD5P82C1PROD with RULES
Service.
(a) Return of service. Each subpoena
shall be accompanied by a Return of
Service certificate stating the date and
manner of service and the names of the
persons served.
(b) Methods of service. Subpoenas
shall be served by one of the following
methods:
(1) Certified or registered mail, return
receipt requested to the principal place
of business or the last known residential
address of the subpoenaed party.
(2) Fax or electronic transmission to
the subpoenaed party or the subpoenaed
party’s counsel, provided the
subpoenaed party gives prior approval.
(3) Personal delivery at the principal
place of business or residence of the
subpoenaed party during normal
business hours.
Enforcement.
Upon the failure of any party to
comply with a subpoena, the General
Counsel shall request that the Attorney
General seek enforcement of the
16:23 Feb 25, 2010
Jkt 220001
AGENCY: Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
*
*
*
*
(e) Expiration date. This section
expires on or before December 28, 2012.
Diane Williams,
Federal Register Liaison, Publications and
Regulations Branch, Legal Processing
Division, Associate Chief Counsel (Procedure
and Administration).
[FR Doc. 2010–3927 Filed 2–25–10; 8:45 am]
BILLING CODE 4830–01–P
Subpoena authority.
VerDate Nov<24>2008
*
Use of Controlled Corporations To
Avoid the Application of Section 304;
Correction
Subpart C—Administrative Subpoenas
Par. 2. Section 1.304–4T is amended
by revising paragraph (e) to read as
follows:
■
§ 1.304–4T Special rule for the use of
related corporations to avoid the
application of section 304 (temporary).
RIN 1545–BI14
Authority: 5 U.S.C. 8480.
§ 1631.43
Internal Revenue Service
[TD 9477]
Subpart C—Administrative Subpoenas
Sec.
1631.40 Subpoena authority.
1631.41 Production of records.
1631.42 Service.
1631.43 Enforcement.
§ 1631.42
DEPARTMENT OF THE TREASURY
26 CFR Part 1
4. Add subpart C to subpart 1631 to
read as follows:
■
§ 1631.41
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Subpart B—[Amended]
§ 1631.40
PART 1—INCOME TAXES
This document contains
corrections to final and temporary
regulations (TD 9477) that were
published in the Federal Register on
Wednesday, December 30, 2009 (74 FR
69021) regarding certain transactions
that are subject to section 304 but that
are entered into with a principal
purpose of avoiding the application of
section 304 to a corporation that is
controlled by the issuing corporation in
the transaction, or with a principal
purpose of avoiding the application of
section 304 to a corporation that
controls the acquiring corporation in the
transaction.
DATES: These corrections are effective
on February 26, 2010 and are applicable
on or after December 29, 2009.
FOR FURTHER INFORMATION CONTACT:
Sean W. Mullaney, (202) 622–3860 (not
a toll free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The final and temporary regulations
(TD 9477) that are the subject of these
corrections are under section 304 of the
Internal Revenue Code.
Need for Correction
As published, the final and temporary
regulations (TD 9477) contain an error
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
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
■
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
29 CFR Parts 2560 and 2570
RIN 1210–AB31
Civil Penalties Under ERISA Section
502(c)(8)
AGENCY: Employee Benefits Security
Administration, Labor.
ACTION: Final rule.
SUMMARY: This document contains a
final regulation that establishes
procedures relating to the assessment of
civil penalties by the Department of
Labor under section 502(c)(8) of the
Employee Retirement Income Security
Act of 1974 (ERISA or the Act). Under
the provision, which was added by the
Pension Protection Act of 2006, the
Secretary of Labor is granted authority
to assess civil penalties not to exceed
$1,100 per day against any plan sponsor
of a multiemployer plan for certain
violations of section 305 of ERISA. The
regulation will affect multiemployer
plans that are in either endangered or
critical status.
DATES: This final rule is effective on
March 29, 2010.
FOR FURTHER INFORMATION CONTACT:
Michael Del Conte, Office of Regulations
and Interpretations, Employee Benefits
Security Administration, (202) 693–
8500. This is not a toll-free number.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\26FER1.SGM
26FER1
]]>Agencies
[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Rules and Regulations]
[Page 8796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3927]
=======================================================================
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9477]
RIN 1545-BI14
Use of Controlled Corporations To Avoid the Application of
Section 304; Correction
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to final and temporary
regulations (TD 9477) that were published in the Federal Register on
Wednesday, December 30, 2009 (74 FR 69021) regarding certain
transactions that are subject to section 304 but that are entered into
with a principal purpose of avoiding the application of section 304 to
a corporation that is controlled by the issuing corporation in the
transaction, or with a principal purpose of avoiding the application of
section 304 to a corporation that controls the acquiring corporation in
the transaction.
DATES: These corrections are effective on February 26, 2010 and are
applicable on or after December 29, 2009.
FOR FURTHER INFORMATION CONTACT: Sean W. Mullaney, (202) 622-3860 (not
a toll free number).
SUPPLEMENTARY INFORMATION:
Background
The final and temporary regulations (TD 9477) that are the subject
of these corrections are under section 304 of the Internal Revenue
Code.
Need for Correction
As published, the final and temporary regulations (TD 9477) contain
an error 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 * * *
0
Par. 2. Section 1.304-4T is amended by revising paragraph (e) to read
as follows:
Sec. 1.304-4T Special rule for the use of related corporations to
avoid the application of section 304 (temporary).
* * * * *
(e) Expiration date. This section expires on or before December 28,
2012.
Diane Williams,
Federal Register Liaison, Publications and Regulations Branch, Legal
Processing Division, Associate Chief Counsel (Procedure and
Administration).
[FR Doc. 2010-3927 Filed 2-25-10; 8:45 am]
BILLING CODE 4830-01-P
