Internal Revenue Bulletin No
Total Page:16
File Type:pdf, Size:1020Kb
Internal Revenue Bulletin No. 1998–24 bulletin June 15, 1998 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. INCOME TAX EMPLOYMENT TAX Rev. Rul. 98–29, page 4. Announcement 98–48, page 6. LIFO; price indexes; department stores. The April 1998 Rev. Proc. 98–26, 1998–13 I.R.B. 26, relating to the specifi- Bureau of Labor Statistics price indexes are accepted for cations for filing Form W–4, Employee’s Withholding use by department stores employing the retail inventory Allowance Certificate, magnetically or electronically, is and last-in, first-out inventory methods for valuing invento- corrected. ries for tax years ended on, or with reference to, April 30, 1998. ADMINISTRATIVE Announcement 98–51, page 7. The Service is requesting comments from the public on the EXEMPT ORGANIZATIONS following proposed new forms and instructions; Form W–8, Announcement 98–52, page 37. Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding; Form W–8A, Foreign Persons’ Claim The organization Youth Today Leaders Tomorrow, Inc., of Income Effectively Connected With the Conduct of a Golden Valley, MN, no longer qualifies as an organization to Trade or Business in the United States; Form W–8B, Certifi- which contributions are deductible under section 170 of the cation for United States Tax Withholding for Foreign Govern- Code. ments and Other Foreign Organizations; and Form W–8C, Certificate of Foreign Intermediary, Foreign Partnership, and Announcement 98–53, page 37. Certain U.S. Branches for United States Tax Withholding. A list is given of organizations now classified as private foun- Prior versions of the forms, without instructions, were is- dations. sued in Announcement 98–15, 1998–10 I.R.B. 36. Finding Lists begin on page 44. Announcement of the Consent Voluntary Suspension of Attorneys, Certified Public Accounts, Enrolled Agents, etc., begins on page 40. Announcement of the Expedited Suspension of Attorneys, Certified Public Accountants, Enrolled Agents, and Enrolled Actuaries From Practice Before the Internal Revenue Service begins on page 41. Announcement of Declaratory Judgment Proceedings Under Section 7428 begins on page 39. Department of the Treasury Internal Revenue Service Mission of the Service The purpose of the Internal Revenue Service is to collect ucts and services; and perform in a manner warranting the proper amount of tax revenue at the least cost; serve the highest degree of public confidence in our integrity, effi- the public by continually improving the quality of our prod- ciency, and fairness. Statement of Principles of Internal Revenue Tax Administration The function of the Internal Revenue Service is to adminis- The Service also has the responsibility of applying and ter the Internal Revenue Code. Tax policy for raising revenue administering the law in a reasonable, practical manner. is determined by Congress. Issues should only be raised by examining officers when they have merit, never arbitrarily or for trading purposes. With this in mind, it is the duty of the Service to carry out that At the same time, the examining officer should never hesi- policy by correctly applying the laws enacted by Congress; tate to raise a meritorious issue. It is also important that to determine the reasonable meaning of various Code provi- care be exercised not to raise an issue or to ask a court to sions in light of the Congressional purpose in enacting them; adopt a position inconsistent with an established Service and to perform this work in a fair and impartial manner, with position. neither a government nor a taxpayer point of view. Administration should be both reasonable and vigorous. It At the heart of administration is interpretation of the Code. It should be conducted with as little delay as possible and is the responsibility of each person in the Service, charged with great courtesy and considerateness. It should never with the duty of interpreting the law, to try to find the true try to overreach, and should be reasonable within the meaning of the statutory provision and not to adopt a bounds of law and sound administration. It should, howev- strained construction in the belief that he or she is “protect- er, be vigorous in requiring compliance with law and it ing the revenue.” The revenue is properly protected only should be relentless in its attack on unreal tax devices and when we ascertain and apply the true meaning of the statute. fraud. 2 Introduction The Internal Revenue Bulletin is the authoritative instrument dures must be considered, and Service personnel and oth- of the Commissioner of Internal Revenue for announcing offi- ers concerned are cautioned against reaching the same con- cial rulings and procedures of the Internal Revenue Service clusions in other cases unless the facts and circumstances and for publishing Treasury Decisions, Executive Orders, Tax are substantially the same. Conventions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained The Bulletin is divided into four parts as follows: from the Superintendent of Documents on a subscription basis. Bulletin contents of a permanent nature are consoli- dated semiannually into Cumulative Bulletins, which are sold Part I.—1986 Code. on a single-copy basis. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. It is the policy of the Service to publish in the Bulletin all sub- Part II.—Treaties and Tax Legislation. stantive rulings necessary to promote a uniform application This part is divided into two subparts as follows: Subpart A, of the tax laws, including all rulings that supersede, revoke, Tax Conventions, and Subpart B, Legislation and Related modify, or amend any of those previously published in the Committee Reports. Bulletin. All published rulings apply retroactively unless other- wise indicated. Procedures relating solely to matters of in- ternal management are not published; however, statements Part III.—Administrative, Procedural, and Miscellaneous. of internal practices and procedures that affect the rights To the extent practicable, pertinent cross references to and duties of taxpayers are published. these subjects are contained in the other Parts and Sub- parts. Also included in this part are Bank Secrecy Act Admin- istrative Rulings. Bank Secrecy Act Administrative Rulings Revenue rulings represent the conclusions of the Service on are issued by the Department of the Treasury’s Office of the the application of the law to the pivotal facts stated in the Assistant Secretary (Enforcement). revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature Part IV.—Items of General Interest. are deleted to prevent unwarranted invasions of privacy and With the exception of the Notice of Proposed Rulemaking to comply with statutory requirements. and the disbarment and suspension list included in this part, none of these announcements are consolidated in the Cumu- lative Bulletins. 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 The first Bulletin for each month includes a cumulative index will not be relied on, used, or cited as precedents by Service for the matters published during the preceding months. personnel in the disposition of other cases. In applying pub- These monthly indexes are cumulated on a semiannual basis lished rulings and procedures, the effect of subsequent leg- and are published in the first Bulletin of the succeeding semi- islation, regulations, court decisions, rulings, and proce- annual period, respectively. 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. 3 Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 472.—Last-in, First-out Rev. Rul. 98–29 ended on, or with reference to, April 30, 1998. Inventories The following Department Store The Department Store Inventory Price Inventory Price Indexes for April 26 CFR 1.472-1: Last-in, first-out inventories. Indexes are prepared on a national basis 1998 were issued by the Bureau of Labor and include (a) 23 major groups of depart- Statistics. The indexes are accepted by LIFO; price indexes; department ments, (b) three special combinations of the Internal Revenue Service, under stores. The April 1998 Bureau of Labor the major groups - soft goods, durable § 1.472–1(k) of the Income Tax Regula- Statistics price indexes are accepted for goods, and miscellaneous goods, and (c) a tions and Rev. Proc. 86–46, 1986–2 C.B. use by department stores employing the store total, which covers all departments, 739, for appropriate application to retail inventory and last-in, first-out in- including some not listed separately, ex- inventories of department stores employ- ventory methods for valuing inventories cept for the following: candy, food, ing the retail inventory and last-in, first- for tax years ended on, or with reference liquor, tobacco, and contract departments. to, April 30, 1998. out inventory methods for tax years BUREAU OF LABOR STATISTICS, DEPARTMENT STORE INVENTORY PRICE INDEXES BY DEPARTMENT GROUPS (January 1941 = 100, unless otherwise noted) Percent Change Groups Apr. Apr. from Apr. 1997 1997 1998 to Apr. 19981 1. Piece Goods . 533.0 547.3 2.7 2. Domestics and Draperies . 653.6 642.9 –1.6 3. Women’s and Children’s Shoes . 661.3 663.6 0.3 4. Men’s Shoes . 904.8 902.5 –0.3 5. Infants’ Wear . 640.6 628.1 –2.0 6.