Part III. Administrative, Procedural, and Miscellaneous CONTENTS Delegation Order No. 42 (Rev. 7) 527 With an International Boycott 528 With an International Boycott 529 International Boycotts 529 Revenue Procedure 77-8 541 4 534 Delegation Order No. 42 (Rev. 7) 3. This Order supersedes Delegation of, or on behalf of, Jerome Kurtz, (Effective March 14, 1977) Order No. 42 (Rev. 6), (1975-1 C.B. Commissioner of Internal Revenue. 635] issued January 13, 1975. Authority to Execute Consents Fix This Order supersedes Delegation For Further Information Contact: Order No. 67 (Rev. 12) (this page, ing the Period of Limitations on As this Bulletin), issued Roydell Rosfeld, CP:AP, sessment or Collection Under Provi February 27, 1977. sions of the 1939 and 1954 Internal Room 2000, 1111 Constitution Revenue Codes Avenue, N.W., Washington, D.C., JEROME KURTZ, 1. Pursuant to authority vested in 20224, Telephone 566-6481 Commissioner. the Commissioner of Internal Revenue WILLIAM E. WILLIAMS, (Filed by the Office of the Federal Register by Treasury Department Order No. Acting Commissioner on May 10, 1977, 8:45 a.m., and pub120, dated July 31, 1950; Order No. lished in the issue of the Federal Regis150-2, dated May 15, 1972; 26 CFR (Filed by the Office of the Federal Register ter for May 11, 1977, 42 F.R. 23907) 301.6501(c)-1; 26 CFR 301.6502-1; on March 22, 1977, 8:45 a.m., and pub lished in the issue of the Federal Register 26 CFR 301.6901-1(d); and 26 CFR for March 23, 1977, 42 F.R. 15765) 301.7701-9; the authority to sign all Delegation Order No. 112 (Rev. 4) consents fixing the period of limita (Effective January 19, 1977) tions on assessment or collection is Delegation Order No. 67 (Rev. 12) Authority to Issue Determination delegated to the following officials: (Effective February 27, 1977) Letters Relating to Employee a. Assistant Regional CommissionSigning the Commissioner's Name or Plans Matters ers (Appellate) on His Behalf b. Assistant Regional Commission Pursuant to authority vested in the ers (Employee Plans and Exempt Or Effective 12:01 A.M., February 27. Commissioner of Internal Revenue by ganizations) 1977, all outstanding authorizations to Treasury Department Order No. 150c. Service Center Directors sign the name of, or on behalf of, Don. 37, dated March 17, 1955, there is d. District Directors ald C. Alexander, Commissioner of In- hereby delegated to the District Direce. Director of International Opera ternal Revenue, are hereby amended cnal Revenue. are hereby amended tor of Internal Revenue for each of tor of Inte, to authorize the signing of the name the Key Districts for Employee Plans 2. This authority may be redele, of, or on behalf of. William E. Wil- and Exempt Organizations matters gated but not below the following liams. Acting Commissioner of Inter- the authority to: levels for each activity: nal Revenue. (1) Issue determination letters ina. Service Centers—Chief, Account- This Order supersedes Delegation volving the provisions of sections 401, ing Branch; Chief, Correspondence Order No. 67 (Rev. 11) [1973-2 C.B. 403(a), 405, and 501(a) of the InAudit Branch 462] issued May 29, 1973. ternal Revenue Code of 1954 with b. Collection-Chiefs, Office Branch respect to: and Office Groups and Revenue Offi WILLIAM E. WILLIAMS, (a) Initial qualification of stock Acting Commissioner. cers bonus, pension, profit-sharing, annuity, c. Audit-Conferees and Reviewers, (Filed by the Office of the Federal Regis and bond purchase plans; Grade GS-11; Group Managers; Case ter on March 7, 1977, 8:45 a.m., and (b) Initial exemption from Federal published in the issue of the Federal Managers; and Returns Program income tax under section 501(a) of Register for March 8, 1977, 42 F.R. Managers 13101) trusts forming a part of such plans, d. Intelligence-Chief, Intelligence provided that the determination does Division not involve application of section 502 e. Appellate -Appellate Appeals Delegation Order No. 67 (Rev. 13) (feeder organizations) or section 511 Officer (Effective May 5, 1977) (unrelated business income), or the f. Office of International Opera question of whether a proposed trans- Signing the Commissioner's Name or tions—Representatives at foreign action will be a prohibited transaction on His Behalf posts; Revenue Agents, Tax Auditors under section 503; and Special Agents on foreign assign- Effective 12:01 A.M., May 5, 197 Effective 12:01 A.M., May 5, 1977, (c) Compliance with the applicable ments; and levels b., C., and d., above, all outstanding authorizations to sign requirements of foreign situs trusts as and the name of, or on behalf of, William to taxability of beneficiaries (section g. Employee Plans and Exempt Or. E. Williams, Acting Commissioner of 402(c)) and deductions for employer ganizations—Conferees and Review- Internal Revenue, are hereby amend- contributions (section 404(a) (4)); ers, Grade GS-11; Group Managers. ed to authorize the signing of the name and tions terminations of such plans and trusts. but only to the Enrollment and Prac- Requiring Cooperation With An (2) With respect to applications for tice Program Coordinator in the Audit International Boycott determination received by the Internal Division, National Office. Revenue Service prior to the effective In order to comply with the mandate of this Delegation Order, issue WILLIAM E. WILLIAMS, date of section 999(a) (3) of the Indetermination letters involving the Acting Commissioner. ternal Revenue Code of 1954, the Deprovisions of section 408(c) of the (Filed by the Office of the Federal Register partment of Treasury is publishing a Internal Revenue Code of 1954 with on April 12, 1977, 8:45 a.m.; and pub current list of countries which may respect to exemption from Federal in lished in the issue of the Federal Register require participation in or cooperation come tax under section 108(e) of for April 13, 1977, F.R. 19410) with an international boycott. This trusts creating individual retirement list is the same as the list published accounts. in the November 3, 1976, FEDERAL (3) Issue determination letters with REGISTER [Notice, 1976-2 C.B. 627). respect to whether a plan constitutes Delegation Order 163 In the future, a current list will be an employee stock ownership plan as (Effective April 19, 1977) published at the beginning of each contemplated in section 46(a)(1)(B) Authority to Perform Functions with of the Internal Revenue Code of 1954. calendar quarter. Respect to the Northern Mariana (4) Issue modifications or revoca Pursuant to the requirement of Islands Social Security Tax tion of determination letters described section 999(a) (3) of the Internal above. 1. The authority granted to the Revenue Code of 1954, the Depart(5) Redelegate this authority as Commissioner of Internal Revenue by ment of the Treasury has compiled a follows: Treasury Department Order No. 150. list of countries which may require (a) With respect to issuance and 86 (page 590, this Bulletin) to perform participation in, or cooperation with, modification of determination letters, functions on behalf of the Northern an international boycott (within the not below Internal Revenue Agent Mariana Islands with respect to the meaning of section 999(b)(3) of the and Tax Law Specialist, GS-12, pro- administration, collection and enforce- Internal Revenue Code of 1954). vided such individual is a person other ment, and assessment of the taxes (inthan the initiator. cluding interest and penalties) im On the basis of the best information (b) With respect to revocation of posed by the Northern Mariana Is.. currently available to the Department determination letters, not below Chief, lands Social Security Act, is hereby of the Treasury, the following counEmployee Plans and Exempt Organi delegated to the Director of Interna- tries may require participation in, or zations Division. tional Operations. This authority is cooperation with, an international boy. Delegation Order No. 112 (Rev. 3) also delegated to the Director, Phila- cott (within the meaning of section [1976-1 C.B. 540), issued November delphia Service Center to the extent 999(b) (3) of the Internal Revenue 19, 1975, is hereby superseded. the Director, under the Internal Reve Code of 1954): Code of 1954): nue Code and Regulations promul. Bahrain Saudi Arabia Commissioner. form similar functions with respect to Egypt Syria the taxes imposed by chapters 2 and Iraq United Arab 21 of the Internal Revenue Code of Jordan Yemen Arab Delegation Order No. 162 1954 as amended. Kuwait Republic (Effective April 8, 1977) Lebanon Emirates 2. The authority to perform any act Libya Yemen, Peoples Authority to Practice before the delegated by paragraph 1. may be re- Oman Democratic Internal Revenue Service delegated to any officer or employee Qatar Republic of 1. All the authorities granted to the who is delegated authority to perform Commissioner of Internal Revenue by a similar act under the Internal Reve Dated: February 10, 1977. Treasury Department Circular No. nue Code and Regulations promul230 (1970-2 C.B. 644) are hereby delegated thereunder. W. MICHAEL BLUMENTHAL, gated to the Director, Audit Division. William E. Williams, Secretary of the Treasury. Included in this delegation is the au Acting Commissioner. thority to affix a facsimile of the signa (Filed by the Office of the Federal Regis ture of the Commissioner of Internal (Filed by the Office of the Federal Register ter on February 14, 1977, 10:30 a.m.; and published in the issue of the Federal Revenue to Enrollment Cards issued on April 22, 1977, 8:45 a.m.; and pub- Register on February 15, 1977, 42 F.R. to qualified persons. for April 25, 1977, 42 F.R. 21157) 9246) Requiring Cooperation with an In order to comply with the mandate of section 999(a)(3) of the In Section 304(c) Revenue Code of of the In- boycotts. An earlier with international Department of Treasury is publishing a current list of countries which may require participation in, or cooperation with, an international boycott. This list is the same as the list published in the February 15, 1977, FEDERAL REGISTER [Notice, page 528, this Bulletin). Pursuant to the requirement of section 999(a) (3) of the Internal Revenue Code of 1954, the Department of the Treasury has compiled a list of countries which may require participation in, or cooperation with, an international boycott (within the meaning of section 999(b)(3) of the Internal Revenue Code of 1954). On the basis of the best information currently available to the Department of the Treasury, the following countries may require participation in, or cooperation with, an international boycott (within the meaning of section 999(b) (3) of the Internal Revenue Code of 1954): Bahrain Qatar Egypt Saudi Arabia Iraq Syria Jordan United Arab Emirates Kuwait Yemen Arab Republic Lebanon Yemen, Peoples DemoLibya cratic Republic of Oman Dated: March 29, 1977. Tax Reform Act of 1976 which deny certain tax benefits for participation in or cooperation with international boycotts. An earlier set of guidelines, consisting of questions and answers, was issued on November 4, 1976 (Treasury News Release WS-1156) and was published in the Federal Reg. ister of November 11, 1976 (41 F.R. 49923) (1976-2 C.B. 628). These guidelines relate only to parts A through G of the earlier guidelines and add a new part N, relating to the computation of the foreign tax credit. These guidelines do not deal with those provisions of the Tax Reform Act of 1976 which define what constitutes participation in or cooperation with an international boycott. Some of the guidelines issued are new while others are revisions of earlier questions and answers. The same numbering system is used, and the same introductory material is applicable. A. Boycott Reports. A-1. Q: Who must report as required by section 999(a)? A. Generally, any United States person (within the meaning of section 7701 (a) (30)), or any other person (within the meaning of section 7701 (a)(1)) that either claims the benefit of the foreign tax credit under section 901, or owns stock of a DISC, is required to report under section 999(a) if it, 1. has operations, or 2. is a member of a controlled group, a member of which has operations; or 3. is a United States shareholder (within the meaning of section 951 (b)) of a foreign corporation that has operations; or 4. is a partner in a partnership that has operations; or 5. is treated under section 671 as the owner of a trust that has operations in or related to a boycotting country (or with the government, a company, or a national of a boycotting country). corporation (within the meaning of section 304(c)) and either that person or the controlled corporation is required to report under section 999(a), then under section 999(e) that person must report whether the corporation had reportable operations and whether the corporation participated in or cooperated with the boycott. The controlled corporation must make the same reports with respect to the operations of the person controlling it. A boycotting country is (i) any country that is on the list maintained by the Secretary under section 999(a) (3). or (ii) any country not on the list maintained by the Secretary under section 999(a) (3), in which the person required to file the report (or a member of the controlled group which includes that person) has operations, and which that person knows or has reason to know requires any person to participate in or cooperate with an international boycott that is not excepted by section 999(b) (4) (A), (B), or (C). Thus, even if the boycott participation required of the person reporting the operation is excepted by section 999(b) (4) (A), (B), or (C), if that person knows or has reason to know that boycott participation not excepted by section 999(b) (4) (A), (B), or (C) is required of any other person, the country is a boycotting country. If the person required to file the report (or a member of the controlled group which includes that person) has operations related to a country, but not operations in that country, that country is not a boycotting country unless it is on the list maintained by the Secretary under section 999(a) (3). (For the definition of operations in or related to a country, see the 9 questions and answers under part B.) A-11. Q: If Company A sells goods or services to Company B (or does other business with Company B) and Company B and Company A are unrelated, and Company A knows or has reason to know that Company B in W. MICHAEL BLUMENTHAL, Secretary of the Treasury. (Filed by the Office of the Federal Register on March 31, 1977, 10:51 a.m., and published in the issue of the Federal Register on April 1, 1977, 42 F.R. 17560) Notice.--Tax Reform Act of 1976 Guidelines; International Boycotts The Acting Secretary of the Treasury has issued additional guidelines |