Escolar Documentos
Profissional Documentos
Cultura Documentos
2005-48
November 28, 2005
HIGHLIGHTS
OF THIS ISSUE
These synopses are intended only as aids to the reader in
identifying the subject matter covered. They may not be
relied upon as authoritative interpretations.
Introduction
The Internal Revenue Bulletin is the authoritative instrument of court decisions, rulings, and procedures must be considered,
the Commissioner of Internal Revenue for announcing official and Service personnel and others concerned are cautioned
rulings and procedures of the Internal Revenue Service and for against reaching the same conclusions in other cases unless
publishing Treasury Decisions, Executive Orders, Tax Conven- the facts and circumstances are substantially the same.
tions, legislation, court decisions, and other items of general
interest. It is published weekly and may be obtained from the
The Bulletin is divided into four parts as follows:
Superintendent of Documents on a subscription basis. Bulletin
contents are compiled semiannually into Cumulative Bulletins,
which are sold on a single-copy basis. Part I.—1986 Code.
This part includes rulings and decisions based on provisions of
It is the policy of the Service to publish in the Bulletin all sub- the Internal Revenue Code of 1986.
stantive rulings necessary to promote a uniform application of
the tax laws, including all rulings that supersede, revoke, mod- Part II.—Treaties and Tax Legislation.
ify, or amend any of those previously published in the Bulletin. This part is divided into two subparts as follows: Subpart A,
All published rulings apply retroactively unless otherwise indi- Tax Conventions and Other Related Items, and Subpart B, Leg-
cated. Procedures relating solely to matters of internal man- islation and Related Committee Reports.
agement are not published; however, statements of internal
practices and procedures that affect the rights and duties of
taxpayers are published. Part III.—Administrative, Procedural, and Miscellaneous.
To the extent practicable, pertinent cross references to these
subjects are contained in the other Parts and Subparts. Also
Revenue rulings represent the conclusions of the Service on the included in this part are Bank Secrecy Act Administrative Rul-
application of the law to the pivotal facts stated in the revenue ings. Bank Secrecy Act Administrative Rulings are issued by
ruling. In those based on positions taken in rulings to taxpayers the Department of the Treasury’s Office of the Assistant Sec-
or technical advice to Service field offices, identifying details retary (Enforcement).
and information of a confidential nature are deleted to prevent
unwarranted invasions of privacy and to comply with statutory
requirements. Part IV.—Items of General Interest.
This part includes notices of proposed rulemakings, disbar-
ment and suspension lists, and announcements.
Rulings and procedures reported in the Bulletin do not have the
force and effect of Treasury Department Regulations, but they
may be used as precedents. Unpublished rulings will not be The last Bulletin for each month includes a cumulative index
relied on, used, or cited as precedents by Service personnel in for the matters published during the preceding months. These
the disposition of other cases. In applying published rulings and monthly indexes are cumulated on a semiannual basis, and are
procedures, the effect of subsequent legislation, regulations, published in the last Bulletin of each semiannual period.
The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.
For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.
1
Absence of a minus sign before the percentage change in this column signifies a price increase.
2
Indexes on a January 1986 = 100 base.
3The store total index covers all departments, including some not listed separately, except for the following: candy, food, liquor,
Par. 11. The authority citation for part §55.6081–1 Automatic extension of time Mark E. Matthews,
25 continues to read, in part, as follows: for filing a return due under Chapter 44. Deputy Commissioner for
Authority: 26 U.S.C. 7805 * * * Services and Enforcement.
Par. 12. Section 25.6081–1 is added to [The text of proposed §55.6081–1 is the (Filed by the Office of the Federal Register on November 4,
read as follows: same as the text of §55.6081–1T published 2005, 8:45 a.m., and published in the issue of the Federal
Register for November 7, 2005, 70 F.R. 67397)
elsewhere in this issue of the Bulletin].
§25.6081–1 Automatic extension of time
for filing gift tax returns. PART 156—EXCISE TAX ON
GREENMAIL Charitable Giving Incentives
[The text of proposed §25.6081–1 is the
same as the text of §25.6081–1T published Par. 19. The authority citation for part Announcement 2005–84
elsewhere in this issue of the Bulletin]. 156 continues to read, in part, as follows:
Authority: 26 U.S.C. 6001, 6011, 6061, This announcement is to advise part-
PART 26—GENERATION-SKIPPING 6071, 6091, 6161, and 7805 * * * nerships and S corporations with fiscal tax
TRANSFER TAX REGULATIONS Par. 20. Section 156.6081–1 is added years beginning in 2004 and ending after
UNDER THE TAX REFORM ACT OF to read as follows: August 27, 2005, of two act sections in
1986 the Katrina Emergency Tax Relief Act of
§156.6081–1 Automatic extension of time 2005 that may benefit their partners and
Par. 13. The authority citation for part for filing a return due under Chapter 54. shareholders. This announcement is in-
26 continues to read, in part, as follows: tended to supplement the 2004 instructions
Authority: 26 U.S.C. 7805 * * * [The text of proposed §156.6081–1 is for Forms 1065 and 1120–S.
Par. 14. Section 26.6081–1 is added to the same as the text of §156.6081–1T pub-
read as follows: lished elsewhere in this issue of the Bul- Temporary Suspension of Limitations
letin]. on Certain Cash Contributions (Act
§26.6081–1 Automatic extension of time Section 301)
for filing generation-skipping transfer tax PART 157—EXCISE TAX ON
returns. STRUCTURED SETTLEMENT Partnerships
FACTORING TRANSACTIONS
[The text of proposed §26.6081–1 is the Qualified contributions. Cash contri-
same as the text of §26.6081–1T published Par. 21. The authority citation for part butions made by a partnership during the
elsewhere in this issue of the Bulletin]. 157 continues to read, in part, as follows: period beginning on August 28, 2005, and
Abbreviations
The following abbreviations in current use ER—Employer. PRS—Partnership.
and formerly used will appear in material ERISA—Employee Retirement Income Security Act. PTE—Prohibited Transaction Exemption.
EX—Executor. Pub. L.—Public Law.
published in the Bulletin.
F—Fiduciary. REIT—Real Estate Investment Trust.
FC—Foreign Country. Rev. Proc.—Revenue Procedure.
A—Individual.
FICA—Federal Insurance Contributions Act. Rev. Rul.—Revenue Ruling.
Acq.—Acquiescence.
B—Individual. FISC—Foreign International Sales Company. S—Subsidiary.
FPH—Foreign Personal Holding Company. S.P.R.—Statement of Procedural Rules.
BE—Beneficiary.
F.R.—Federal Register. Stat.—Statutes at Large.
BK—Bank.
B.T.A.—Board of Tax Appeals. FUTA—Federal Unemployment Tax Act. T—Target Corporation.
FX—Foreign corporation. T.C.—Tax Court.
C—Individual.
G.C.M.—Chief Counsel’s Memorandum. T.D. —Treasury Decision.
C.B.—Cumulative Bulletin.
CFR—Code of Federal Regulations. GE—Grantee. TFE—Transferee.
GP—General Partner. TFR—Transferor.
CI—City.
GR—Grantor. T.I.R.—Technical Information Release.
COOP—Cooperative.
Ct.D.—Court Decision. IC—Insurance Company. TP—Taxpayer.
I.R.B.—Internal Revenue Bulletin. TR—Trust.
CY—County.
LE—Lessee. TT—Trustee.
D—Decedent.
DC—Dummy Corporation. LP—Limited Partner. U.S.C.—United States Code.
LR—Lessor. X—Corporation.
DE—Donee.
M—Minor. Y—Corporation.
Del. Order—Delegation Order.
DISC—Domestic International Sales Corporation. Nonacq.—Nonacquiescence. Z —Corporation.
O—Organization.
DR—Donor.
P—Parent Corporation.
E—Estate.
EE—Employee. PHC—Personal Holding Company.
PO—Possession of the U.S.
E.O.—Executive Order.
PR—Partner.
1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2005–1 through 2005–26 is in Internal Revenue Bulletin
2005–26, dated June 27, 2005.
Tax Conventions:
Treasury Decisions:
2005-38 Rev. Proc. 2005-44, 2005-29 I.R.B. 110 Rev. Proc. 2005-41, 2005-29 I.R.B. 90
2005-66 Rev. Proc. 2005-40, 2005-28 I.R.B. 83 Rev. Rul. 2005-42, 2005-28 I.R.B. 67
Rev. Proc. 2005-35, 2005-28 I.R.B. 76
Supplemented by 90-30 Rev. Proc. 2005-43, 2005-29 I.R.B. 107
Notice 2005-81, 2005-47 I.R.B. 977 Section 4 superseded by Rev. Proc. 2005-47, 2005-32 I.R.B. 269
Proposed Regulations: Rev. Proc. 2005-54, 2005-34 I.R.B. 353 2002-49
Section 5 superseded by
Modified, amplified, and superseded by
REG-108524-00 Rev. Proc. 2005-55, 2005-34 I.R.B. 367
Rev. Proc. 2005-62, 2005-37 I.R.B. 507
Corrected by Section 6 superseded by
Ann. 2005-68, 2005-39 I.R.B. 613 Rev. Proc. 2005-56, 2005-34 I.R.B. 383
1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2005–1 through 2005–26 is in Internal Revenue Bulletin 2005–26, dated June 27, 2005.
2005-6
Modified by
Rev. Proc. 2005-66, 2005-37 I.R.B. 509
2005-10
Superseded by
Rev. Proc. 2005-67, 2005-42 I.R.B. 729
2005-16
Modified by
Rev. Proc. 2005-66, 2005-37 I.R.B. 509
2005-65
Corrected by
Ann. 2005-78, 2005-44 I.R.B. 918
Revenue Rulings:
65-109
Obsoleted by
Rev. Rul. 2005-43, 2005-29 I.R.B. 88
68-549
Obsoleted by
Rev. Rul. 2005-43, 2005-29 I.R.B. 88
74-203
Revoked by
Rev. Rul. 2005-59, 2005-37 I.R.B. 505
82-29
Modified and clarified by
Rev. Proc. 2005-39, 2005-28 I.R.B. 82
2005-41
Corrected by
Ann. 2005-50, 2005-30 I.R.B. 152