AJCA Modifications To the Section 6011 Regulations; Correction, 26061-26062 [2010-11079]

Download as PDF Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations more clearly state the obligations imposed in Order No. 729, but does not substantively alter those requirements. OMB approval of this order is therefore unnecessary. However, the Commission will send a copy of this order to OMB for informational purposes only. DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9350] RIN 1545–BE24 IV. Document Availability 29. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the Internet through FERC’s Home Page (https://www.ferc.gov) and in FERC’s Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426. 30. From FERC’s Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field. 31. User assistance is available for eLibrary and the FERC’s Web site during normal business hours from FERC Online Support at (202) 502–6652 (toll free at 1–866–208–3676) or e-mail at ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502– 8371, TTY (202) 502–8659. E-mail the Public Reference Room at public.referenceroom@ferc.gov. AJCA Modifications To the Section 6011 Regulations; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. This document contains a correction to final regulations (TD 9350) which were published in the Federal Register on Friday, August 3, 2007 (72 FR 43146) that modify the rules relating to the disclosure of reportable transactions under section 6011. DATES: This correction is effective on May 11, 2010, and is applicable on August 3, 2007. FOR FURTHER INFORMATION CONTACT: Charles D. Wien or Michael H. Beker, (202) 622–3070 (not a toll-free number). SUPPLEMENTARY INFORMATION: SUMMARY: Background The final regulations (TD 9350) that are the subject of this document are under section 6011 of the Internal Revenue Code. Need for Correction As published, the final regulations (TD 9350) contain an error that may prove to be misleading and is in need of clarification. List of Subjects in 26 CFR Part 1 V. Effective Date and Congressional Notification Income taxes, Reporting and recordkeeping requirements. 32. Clarifications adopted in this Final Rule will become effective June 10, 2010. ■ List of Subjects in 18 CFR Part 40 Accordingly, 26 CFR part 1 is corrected by making the following correcting amendment: PART 1—INCOME TAXES By the Commission. Nathaniel J. Davis, Sr., Deputy Secretary. Paragraph 1. The authority citation for part 1 continues to read in part as follows: ■ [FR Doc. 2010–11089 Filed 5–10–10; 8:45 am] BILLING CODE 6717–01–P jlentini on DSKJ8SOYB1PROD with RULES Correction of Publication Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.6011–4 is amended by revising the fifth sentence of paragraph (e)(1) to read as follows: ■ § 1.6011–4 Requirement of statement disclosing participation in certain transactions by taxpayers. * * * * * (e) * * * (1) * * * In the case of a taxpayer that is a partnership, an S corporation, or a VerDate Mar<15>2010 16:21 May 10, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 26061 trust, the disclosure statement for a reportable transaction must be attached to the partnership, S corporation, or trust’s tax return for each taxable year in which the partnership, S corporation, or trust participates in the transaction under the rules of paragraph (c)(3)(i) of this section. * * * * * * * * LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. 2010–11078 Filed 5–10–10; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9350] RIN 1545–BE24 AJCA Modifications To the Section 6011 Regulations; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to final regulations. SUMMARY: This document contains a correction to final regulations (TD 9350) which were published in the Federal Register on Friday, August 3, 2007 (72 FR 43146) that modify the rules relating to the disclosure of reportable transactions under section 6011. DATES: This correction is effective on May 11, 2010, and is applicable on August 3, 2007. FOR FURTHER INFORMATION CONTACT: Charles D. Wien or Michael H. Beker, (202) 622–3070 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations (TD 9350) that are the subject of this document are under section 6011 of the Internal Revenue Code. Need for Correction As published, the final regulations (TD 9350) contain an error that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the publication of the final regulations (TD 9350) which were the subject of FR Doc. 07–3786, is corrected as follows: On page 43146, column 2, in the preamble, under the caption heading FOR FURTHER INFORMATION CONTACT, the E:\FR\FM\11MYR1.SGM 11MYR1 26062 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations language ‘‘Charles D. Wien, Michael H. Beker, or Tolsun N. Waddle, 202–622– 3070 (not a toll-free number).’’ is removed and replaced with the language ‘‘Charles D. Wien or Michael H. Beker, 202–622–3070 (not a toll-free number).’’. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. 2010–11079 Filed 5–10–10; 8:45 am] BILLING CODE 4830–01–P NATIONAL MEDIATION BOARD 29 CFR Parts 1202 and 1206 [Docket No. C–6964] RIN 3140–ZA00 Representation Election Procedure National Mediation Board. ACTION: Final rule. AGENCY: jlentini on DSKJ8SOYB1PROD with RULES SUMMARY: As part of its ongoing efforts to further the statutory goals of the Railway Labor Act, the National Mediation Board (NMB or Board) is amending its Railway Labor Act rules to provide that, in representation disputes, a majority of valid ballots cast will determine the craft or class representative. This change to its election procedures will provide a more reliable measure/indicator of employee sentiment in representation disputes and provide employees with clear choices in representation matters. DATES: Effective Date: The final rule is effective June 10, 2010. FOR FURTHER INFORMATION CONTACT: Mary Johnson, General Counsel, National Mediation Board, 202–692– 5050, infoline@nmb.gov. SUPPLEMENTARY INFORMATION: I. Background Under Section 2, Ninth of the Railway Labor Act (RLA or Act), it is the duty of the National Mediation Board (NMB or Board) to investigate representation disputes ‘‘among a carrier’s employees as to who are the representatives of such employees * * * and to certify to both parties, in writing * * * the name or names of the individuals or organizations that have been designated and authorized to represent the employees involved in the dispute, and certify the same to the carrier.’’ 45 U.S.C. 152, Ninth. Upon receipt of the Board’s certification, the carrier is obligated to treat with the certified organization as the employee’s bargaining representative. The RLA authorizes the NMB to hold a secret ballot election or employ ‘‘any VerDate Mar<15>2010 16:21 May 10, 2010 Jkt 220001 other appropriate method’’ to ascertain the identities of duly designated employee representatives. Section 2, Ninth. The Board’s current policy requires that a majority of eligible voters in the craft or class must cast valid ballots in favor of representation. This policy is based on the Board’s original construction of Section 2, Fourth of the RLA, which provides that, ‘‘[t]he majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class * * *.’’ 45 U.S.C. 152, Fourth. The language of Section 2, Fourth and Section 2, Ninth was added to the RLA as part of the 1934 amendments and was directed at the continuing problem of company unions. As the Supreme Court noted: Experience had shown, before the amendment of 1934, that when there was no dispute as to the organizations authorized to represent the employees, and when there was willingness of the employer to meet such representative for a discussion of their grievances, amicable adjustment of differences had generally followed and strikes had been avoided. On the other hand, a prolific source of dispute had been the maintenance by the railroads of company unions and the denial by railway management of the authority of representatives chosen by their employees. Virginian Ry. Co. v. System Fed’n No. 40, 300 U.S. 515, 545–546 (1937) (citations omitted). The Report of the House Committee on Interstate and Foreign Commerce on the 1934 amendments states that [t]he Railway Labor Act of 1926, now in effect, provides that representatives of the employees, for the purpose of collective bargaining, shall be selected without interference, influence, or coercion by railway management, but it does not provide the machinery necessary to determine who are to be such representatives. These rights of the employees under the present act are denied by railway managements by their disputing the authority of the freely chosen representatives of the employees to represent them. A considerable number of railway managements maintain company unions, under the control of the officers of the carriers, and pay the salary of the employees’ representatives, a practice that is clearly contrary to the purpose of the present Railway Labor Act, but it is difficult to prevent it because the act does not carry specific language in respect to that matter. H.R. Rep. No. 73–1944, at 1 (1934). Accordingly, the report notes that ‘‘[m]achinery is provided for the taking of a secret ballot to enable the Board of Mediation to determine what representatives the employees desire to have negotiate for them with managements of the carriers in matter PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 affecting their wages and working conditions.’’ Id. The Board originally interpreted the language of Section 2, Fourth as requiring a majority of all those eligible to vote to choose a representative rather than a majority of the votes cast. As noted in the Notice of Proposed Rulemaking (NPRM), however, this interpretation of Section 2, Fourth, was reached ‘‘not on the basis of legal opinion and precedents, but on what seemed to the Board best from an administration point of view.’’ 1 NMB Ann. Rep. 19 (1935). That same Board also noted, ‘‘[w]here, however, the parties to a dispute agreed among themselves that they would be bound by a majority of the votes cast, the Board took the position that it would certify on this basis, on the ground that the Board’s duties in these cases are to settle disputes among employees.’’ Id. In 1947, United States Attorney General Tom C. Clark, responding to a question from the NMB on its authority under Section 2, Fourth, stated his opinion that the National Mediation Board has the power to certify a representative which receives a majority of the votes cast at an election despite the fact that less than a majority of those eligible to vote participated in the election. While the National Mediation Board has this power, it need not exercise it automatically upon finding that a majority of those participating were in favor of a particular representative. 40 U.S. Op. Att’y Gen. 541, at 544–545 (1947). On November 3, 2009, the NMB published a NPRM in the Federal Register inviting public comments for 60 days on a proposal to amend its RLA rules to provide that, in representation disputes, a majority of ballots cast will determine the craft or class representative. 74 FR 56,750. In its NPRM, the Board stated its belief, based on the language of the RLA, principles of statutory construction, and Supreme Court precedent, that it has the authority to reasonably interpret Section 2, Fourth to allow the Board to certify as collective bargaining representative any organization which receives a majority of valid ballots cast in an election. While acknowledging that it has reaffirmed its policy of certifying a representative based on a majority of eligible voters on several occasions since 1935, the Board noted that this construction of Section 2, Fourth was adopted in an earlier era, under circumstances that are different from those prevailing in the rail and air industries today. Further, the Board noted that the current election procedures provide no opportunity for E:\FR\FM\11MYR1.SGM 11MYR1

Agencies

[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Rules and Regulations]
[Pages 26061-26062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11079]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 9350]
RIN 1545-BE24


AJCA Modifications To the Section 6011 Regulations; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correction to final regulations.

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

SUMMARY: This document contains a correction to final regulations (TD 
9350) which were published in the Federal Register on Friday, August 3, 
2007 (72 FR 43146) that modify the rules relating to the disclosure of 
reportable transactions under section 6011.

DATES: This correction is effective on May 11, 2010, and is applicable 
on August 3, 2007.

FOR FURTHER INFORMATION CONTACT: Charles D. Wien or Michael H. Beker, 
(202) 622-3070 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    The final regulations (TD 9350) that are the subject of this 
document are under section 6011 of the Internal Revenue Code.

Need for Correction

    As published, the final regulations (TD 9350) contain an error that 
may prove to be misleading and is in need of clarification.

Correction of Publication

    Accordingly, the publication of the final regulations (TD 9350) 
which were the subject of FR Doc. 07-3786, is corrected as follows:
    On page 43146, column 2, in the preamble, under the caption heading 
FOR FURTHER INFORMATION CONTACT, the

[[Page 26062]]

language ``Charles D. Wien, Michael H. Beker, or Tolsun N. Waddle, 202-
622-3070 (not a toll-free number).'' is removed and replaced with the 
language ``Charles D. Wien or Michael H. Beker, 202-622-3070 (not a 
toll-free number).''.

LaNita Van Dyke,
Chief, Publications and Regulations Branch, Legal Processing Division, 
Associate Chief Counsel (Procedure and Administration).
[FR Doc. 2010-11079 Filed 5-10-10; 8:45 am]
BILLING CODE 4830-01-P

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