Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages, 11687-11688 [C1-2018-24446]
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Proposed Rules
in the Federal Register (74 FR 3509)
containing proposed regulations under
sections 301, 302, 304, 351, 354, 355,
356, 358, 368, 861, 1001, and 1016 of
the Code. On March 5, 2009, the
Treasury Department and the IRS
published corrections to the notice of
proposed rulemaking in the Federal
Register (74 FR 9575) (collectively, the
2009 Proposed Regulations).
The 2009 Proposed Regulations
generally would have provided a single
model for stock basis recovery by a
shareholder that receives a distribution
to which section 301 applies and a
single model for sale and exchange
transactions to which section 302(a)
applies, including certain elements of
an exchange in pursuance of a plan of
reorganization under section 368. The
2009 Proposed Regulations also would
have defined the scope of the exchange
that must be analyzed under particular
Code provisions and provided a
methodology for determining gain under
section 356 and stock basis under
section 358.
The 2009 Proposed Regulations
responded to comments received by the
Treasury Department and the IRS
regarding the then-recently published
section 358 regulations. These
comments included suggestions to
expand the tracing rules of the section
358 regulations to stock transfers that
are subject to section 351 but do not
qualify as reorganizations, as well as
questions regarding whether (and, if so,
to what extent) shareholder elections
constitute terms of an exchange and
whether the terms of an exchange
control for purposes of qualifying a
transaction as a reorganization under
section 368.
Finally, the 2009 Proposed
Regulations included amendments to
the current regulations under section
304 that would have updated those
regulations to reflect statutory
amendments to that section. See section
226 of the Tax Equity and Fiscal
Responsibility Act of 1982, Pub. L. 97–
248 (96 Stat. 325, 490) (September 3,
1982), section 712(l) of the Deficit
Reduction Act of 1984, Pub. L. 98–369
(98 Stat. 494, 953–55) (July 18, 1984),
section 1875(b) of the Tax Reform Act
of 1986, Pub. L. 99–514 (100 Stat. 2085,
2894) (October 22, 1986), and section
1013 of the Taxpayer Relief Act of 1997,
Pub. L. 105–34 (111 Stat. 788, 918)
(August 5, 1997).
The Treasury Department and the IRS
received many comments regarding the
2009 Proposed Regulations. The chief
concern raised by commenters was that
the approach taken in the 2009
Proposed Regulations represented an
unwarranted departure from current law
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as a result of which minor changes to an
overall business transaction could cause
meaningful changes to the tax
consequences, thereby elevating the
form of the transaction over its
substance.
After thoroughly considering the
comments received, the Treasury
Department and the IRS have
determined that it is unlikely that the
approach of the 2009 Proposed
Regulations can be implemented in
comprehensive final regulations without
significant modifications. As a result,
the Treasury Department and the IRS
have decided to withdraw the 2009
Proposed Regulations. The Treasury
Department and the IRS are continuing
to study the issues addressed in the
2009 Proposed Regulations, with a
particular focus on issues surrounding
sections 301(c)(2) and 304, and § 1.302–
2(c) of the Income Tax Regulations.
The Treasury Department and the IRS
continue to believe that under current
law, the results of a section 301
distribution should derive from the
consideration received by a shareholder
in respect of each share of stock,
notwithstanding designations otherwise.
See Johnson v. United States, 435 F.2d
1257 (4th Cir. 1971). The Treasury
Department and the IRS also continue to
believe that, under current law, with
respect to redemptions governed by
section 302(d), any unrecovered basis in
the redeemed stock of a shareholder
may be shifted to other stock only if
such an adjustment is a proper
adjustment within the meaning of
§ 1.302–2(c). Not all shifts of a redeemed
shareholder’s unrecovered basis result
in proper adjustments, and certain basis
adjustments can lead to inappropriate
results. See, e.g., Notice 2001–45, 2001–
33 I.R.B. 129.
Drafting Information
The principal author of this
withdrawal notice is Aglaia
Ovtchinnikova of the Office of Associate
Chief Counsel (Corporate). However,
other personnel from the Treasury
Department and the IRS participated in
its development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Withdrawal of Notice of Proposed
Rulemaking
Accordingly, under the authority of 26
U.S.C. 7805, the Treasury Department
and the IRS withdraw the notice of
proposed rulemaking (REG–143686–07)
that was published in the Federal
Register (74 FR 3509) on January 21,
2009, with corrections that were
■
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11687
published in the Federal Register (74
FR 9575) on March 5, 2009.
Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2019–05959 Filed 3–27–19; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Parts 4, 5, 7, 14, and 19
[Docket No. TTB–2018–0007; Notice No.
176]
RIN 1513–AB54
Modernization of the Labeling and
Advertising Regulations for Wine,
Distilled Spirits, and Malt Beverages
Correction
In proposed rule 2018–24446
beginning on page 60562 in the issue of
Monday, November 26, 2018, make the
following corrections:
1. On page 60616, in the second
column, section heading ‘‘§ 4.04.0
Scope.’’ should read ‘‘§ 4.0 Scope.’’.
2. On the same page, in the same
column, section heading ‘‘§ 4.14.1
Definitions.’’ should read ‘‘§ 4.1
Definitions.’’.
3. On page 60617, in the first column,
section heading ‘‘§ 4.24.2 Territorial
extent.’’ should read ‘‘§ 4.2 Territorial
extent.’’.
4. On the same page, in the same
column, section heading ‘‘§ 4.34.3
General requirements and prohibitions
under the FAA Act.’’ should read ‘‘§ 4.3
General requirements and prohibitions
under the FAA Act.’’.
5. On the same page, in the third
column, section heading ‘‘§ 4.44.4
[Reserved]’’ should read ‘‘§ 4.4
[Reserved]’’.
6. On the same page, in the same
column, section heading ‘‘§ 4.54.5
Wines covered by this part.’’ should
read ‘‘§ 4.5 Wines covered by this part.’’.
7. On the same page, in the same
column, section heading ‘‘§ 4.64.6
Products produced as wine that are not
covered by this part.’’ should read ‘‘§ 4.6
Products produced as wine that are not
covered by this part.’’.
8. On the same page, in the same
column, section heading ‘‘§ 4.74.7 Other
TTB labeling regulations that apply to
wine.’’ should read ‘‘§ 4.7 Other TTB
labeling regulations that apply to
wine.’’.
9. On page 60618, in the first column,
section heading ‘‘§ 4.84.8 Wine for
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amozie on DSK9F9SC42PROD with PROPOSALS
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Proposed Rules
export.’’ should read ‘‘§ 4.8 Wine for
export.’’.
10. On the same page, in the same
column, section heading ‘‘§ 4.94.9
Compliance with Federal and State
requirements.’’ should read ‘‘§ 4.9
Compliance with Federal and State
requirements.’’.
11. On page 60645, in the first
column, section heading ‘‘§ 5.05.0
Scope.’’ should read ‘‘§ 5.0 Scope.’’.
12. On the same page, in the second
column, section heading ‘‘§ 5.15.1
Definitions.’’ should read ‘‘§ 5.1
Definitions.’’.
13. On page 60646, in the first
column, section heading ‘‘§ 5.25.2
Territorial extent.’’ should read ‘‘§ 5.2
Territorial extent.’’.
14. On the same page, in the same
column, section heading ‘‘§ 5.35.3
General requirements and prohibitions
under the FAA Act.’’ should read ‘‘§ 5.3
General requirements and prohibitions
under the FAA Act.’’.
15. On the same page, in the second
column, section heading ‘‘§ § 5.4§ 5.4–
5.6 [Reserved]’’ should read ‘‘§§ 5.4–5.6
[Reserved]’’.
16. On the same page, in the same
column, section heading ‘‘§ 5.75.7 Other
TTB labeling regulations that apply to
distilled spirits.’’ should read ‘‘§ 5.7
Other TTB labeling regulations that
apply to distilled spirits.’’.
17. On the same page, in the third
column, section heading ‘‘§ 5.85.8
Distilled spirits for export.’’ should read
‘‘§ 5.8 Distilled spirits for export.’’.
18. On the same page, in the same
column, section heading ‘‘§ 5.95.9
Compliance with Federal and State
requirements.’’ should read ‘‘§ 5.9
Compliance with Federal and State
requirements.’’.
19. On page 60672, in the second
column, section heading ‘‘§ 7.07.0
Scope.’’ should read ‘‘§ 7.0 Scope.’’.
20. On the same page, in the same
column, section heading ‘‘§ 7.17.1
Definitions.’’ should read ‘‘§ 7.1
Definitions.’’.
21. On page 60673, in the first
column, section heading ‘‘§ 7.27.2
Territorial extent.’’ should read ‘‘§ 7.2
Territorial extent.’’.
22. On the same page, in the same
column, section heading ‘‘§ 7.37.3
General requirements and prohibitions
under the FAA Act.’’ should read ‘‘§ 7.3
General requirements and prohibitions
under the FAA Act.’’.
23. On the same page, in the second
column, section heading ‘‘§ 7.47.4
Jurisdictional limits of the FAA Act.’’
should read ‘‘§ 7.4 Jurisdictional limits
of the FAA Act.’’.
24. On the same page, in the third
column, section heading ‘‘§ 7.57.5
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Ingredients and processes.’’ should read
‘‘§ 7.5 Ingredients and processes.’’.
25. On the same page, in the same
column, section heading ‘‘§ 7.67.6
Brewery products not covered by this
part.’’ should read ‘‘§ 7.6 Brewery
products not covered by this part.’’.
26. On page 60674, in the first
column, section heading ‘‘§ 7.77.7 Other
TTB labeling regulations that apply to
malt beverages.’’ should read ‘‘§ 7.7
Other TTB labeling regulations that
apply to malt beverages.’’.
27. On the same page, in the same
column, section heading ‘‘§ 7.87.8 Malt
beverages for export.’’ should read
‘‘§ 7.8 Malt beverages for export.’’.
28. On the same page, in the same
column, section heading ‘‘§ 7.97.9
Compliance with Federal and State
requirements.’’ should read ‘‘§ 7.9
Compliance with Federal and State
requirements.’’.
29. On page 60688, in the second
column, section heading ‘‘§ 14.014.0
Applicability.’’ should read ‘‘§ 14.0
Applicability.’’.
30. On the same page, in the same
column, section heading ‘‘§ 14.114.1
Definitions.’’ should read ‘‘§ 14.1
Definitions.’’.
31. On page 60689, in the first
column, section heading ‘‘§ 14.214.2
Territorial extent.’’ should read ‘‘§ 14.2
Territorial extent.’’.
32. On the same page, in the same
column, section heading ‘‘§ 14.314.3
Delegations of the Administrator’s
authorities.’’ should read ‘‘§ 14.3
Delegations of the Administrator’s
authorities.’’.
33. On the same page, in the second
column, section heading ‘‘§ 14.414.4
General requirements under the FAA
Act.’’ should read ‘‘§ 14.4 General
requirements under the FAA Act.’’.
34. On the same page, in the third
column, section heading ‘‘§ 14.514.5
Legibility of mandatory information.’’
should read ‘‘§ 14.5 Legibility of
mandatory information.’’.
35. On the same page, in the same
column, section heading ‘‘§ 14.614.6
Mandatory statements.’’ should read
‘‘§ 14.6 Mandatory statements.’’.
[FR Doc. C1–2018–24446 Filed 3–27–19; 8:45 am]
BILLING CODE 1301–00–D
PO 00000
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0014]
RIN 1625–AA08
Special Local Regulations; Sector Ohio
Valley Annual and Recurring Special
Local Regulations, Update
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes
amending and updating its special local
regulations for recurring marine
parades, regattas, and other events that
take place in the Coast Guard Sector
Ohio Valley area of responsibility
(AOR). Through this notice the current
list of recurring special local regulations
is updated with revisions, additions,
and removals of events that no longer
take place in the Sector Ohio Valley
AOR. When these special local
regulations are enforced, certain
restrictions are placed on marine traffic
in specified areas. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 12, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0014 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Petty Officer Riley
Jackson, Sector Ohio Valley, U.S. Coast
Guard; telephone (502) 779–5347, email
SECOHV–WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Ohio
Valley
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The Captain of the Port Sector Ohio
Valley (COTP) proposes to update the
Frm 00033
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E:\FR\FM\28MRP1.SGM
28MRP1
Agencies
[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Proposed Rules]
[Pages 11687-11688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2018-24446]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Parts 4, 5, 7, 14, and 19
[Docket No. TTB-2018-0007; Notice No. 176]
RIN 1513-AB54
Modernization of the Labeling and Advertising Regulations for
Wine, Distilled Spirits, and Malt Beverages
Correction
In proposed rule 2018-24446 beginning on page 60562 in the issue of
Monday, November 26, 2018, make the following corrections:
1. On page 60616, in the second column, section heading ``Sec.
4.04.0 Scope.'' should read ``Sec. 4.0 Scope.''.
2. On the same page, in the same column, section heading ``Sec.
4.14.1 Definitions.'' should read ``Sec. 4.1 Definitions.''.
3. On page 60617, in the first column, section heading ``Sec.
4.24.2 Territorial extent.'' should read ``Sec. 4.2 Territorial
extent.''.
4. On the same page, in the same column, section heading ``Sec.
4.34.3 General requirements and prohibitions under the FAA Act.''
should read ``Sec. 4.3 General requirements and prohibitions under the
FAA Act.''.
5. On the same page, in the third column, section heading ``Sec.
4.44.4 [Reserved]'' should read ``Sec. 4.4 [Reserved]''.
6. On the same page, in the same column, section heading ``Sec.
4.54.5 Wines covered by this part.'' should read ``Sec. 4.5 Wines
covered by this part.''.
7. On the same page, in the same column, section heading ``Sec.
4.64.6 Products produced as wine that are not covered by this part.''
should read ``Sec. 4.6 Products produced as wine that are not covered
by this part.''.
8. On the same page, in the same column, section heading ``Sec.
4.74.7 Other TTB labeling regulations that apply to wine.'' should read
``Sec. 4.7 Other TTB labeling regulations that apply to wine.''.
9. On page 60618, in the first column, section heading ``Sec.
4.84.8 Wine for
[[Page 11688]]
export.'' should read ``Sec. 4.8 Wine for export.''.
10. On the same page, in the same column, section heading ``Sec.
4.94.9 Compliance with Federal and State requirements.'' should read
``Sec. 4.9 Compliance with Federal and State requirements.''.
11. On page 60645, in the first column, section heading ``Sec.
5.05.0 Scope.'' should read ``Sec. 5.0 Scope.''.
12. On the same page, in the second column, section heading ``Sec.
5.15.1 Definitions.'' should read ``Sec. 5.1 Definitions.''.
13. On page 60646, in the first column, section heading ``Sec.
5.25.2 Territorial extent.'' should read ``Sec. 5.2 Territorial
extent.''.
14. On the same page, in the same column, section heading ``Sec.
5.35.3 General requirements and prohibitions under the FAA Act.''
should read ``Sec. 5.3 General requirements and prohibitions under the
FAA Act.''.
15. On the same page, in the second column, section heading ``Sec.
Sec. 5.4Sec. 5.4-5.6 [Reserved]'' should read ``Sec. Sec. 5.4-5.6
[Reserved]''.
16. On the same page, in the same column, section heading ``Sec.
5.75.7 Other TTB labeling regulations that apply to distilled
spirits.'' should read ``Sec. 5.7 Other TTB labeling regulations that
apply to distilled spirits.''.
17. On the same page, in the third column, section heading ``Sec.
5.85.8 Distilled spirits for export.'' should read ``Sec. 5.8
Distilled spirits for export.''.
18. On the same page, in the same column, section heading ``Sec.
5.95.9 Compliance with Federal and State requirements.'' should read
``Sec. 5.9 Compliance with Federal and State requirements.''.
19. On page 60672, in the second column, section heading ``Sec.
7.07.0 Scope.'' should read ``Sec. 7.0 Scope.''.
20. On the same page, in the same column, section heading ``Sec.
7.17.1 Definitions.'' should read ``Sec. 7.1 Definitions.''.
21. On page 60673, in the first column, section heading ``Sec.
7.27.2 Territorial extent.'' should read ``Sec. 7.2 Territorial
extent.''.
22. On the same page, in the same column, section heading ``Sec.
7.37.3 General requirements and prohibitions under the FAA Act.''
should read ``Sec. 7.3 General requirements and prohibitions under the
FAA Act.''.
23. On the same page, in the second column, section heading ``Sec.
7.47.4 Jurisdictional limits of the FAA Act.'' should read ``Sec. 7.4
Jurisdictional limits of the FAA Act.''.
24. On the same page, in the third column, section heading ``Sec.
7.57.5 Ingredients and processes.'' should read ``Sec. 7.5 Ingredients
and processes.''.
25. On the same page, in the same column, section heading ``Sec.
7.67.6 Brewery products not covered by this part.'' should read ``Sec.
7.6 Brewery products not covered by this part.''.
26. On page 60674, in the first column, section heading ``Sec.
7.77.7 Other TTB labeling regulations that apply to malt beverages.''
should read ``Sec. 7.7 Other TTB labeling regulations that apply to
malt beverages.''.
27. On the same page, in the same column, section heading ``Sec.
7.87.8 Malt beverages for export.'' should read ``Sec. 7.8 Malt
beverages for export.''.
28. On the same page, in the same column, section heading ``Sec.
7.97.9 Compliance with Federal and State requirements.'' should read
``Sec. 7.9 Compliance with Federal and State requirements.''.
29. On page 60688, in the second column, section heading ``Sec.
14.014.0 Applicability.'' should read ``Sec. 14.0 Applicability.''.
30. On the same page, in the same column, section heading ``Sec.
14.114.1 Definitions.'' should read ``Sec. 14.1 Definitions.''.
31. On page 60689, in the first column, section heading ``Sec.
14.214.2 Territorial extent.'' should read ``Sec. 14.2 Territorial
extent.''.
32. On the same page, in the same column, section heading ``Sec.
14.314.3 Delegations of the Administrator's authorities.'' should read
``Sec. 14.3 Delegations of the Administrator's authorities.''.
33. On the same page, in the second column, section heading ``Sec.
14.414.4 General requirements under the FAA Act.'' should read ``Sec.
14.4 General requirements under the FAA Act.''.
34. On the same page, in the third column, section heading ``Sec.
14.514.5 Legibility of mandatory information.'' should read ``Sec.
14.5 Legibility of mandatory information.''.
35. On the same page, in the same column, section heading ``Sec.
14.614.6 Mandatory statements.'' should read ``Sec. 14.6 Mandatory
statements.''.
[FR Doc. C1-2018-24446 Filed 3-27-19; 8:45 am]
BILLING CODE 1301-00-D