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29216 Federal Register / Vol. 71, No.

97 / Friday, May 19, 2006 / Notices

AKMD asserts that, if the stock sale goes The issue presented in AKMD’s 1111 Constitution Avenue NW.,
forward, it would defeat the right of first petition relating to the right of first Washington, DC 20224, or at (202) 622–
refusal provision in section 10907(h) in refusal in section 10907(h) constitutes a 3179, or through the internet at
circumstances such as in this case, and matter of first impression at this agency (Larnice.Mack@irs.gov).
it asks the Board to determine that the and involves interpretation of the SUPPLEMENTARY INFORMATION:
proposed sale of CVR’s stock cannot statute. A declaratory order proceeding Title: Estimated Tax on Unrelated
proceed until the Norman Branch is first is instituted to invite broad public Business Taxable Income for Tax-
offered to it for repurchase. comment. Any person seeking to Exempt Organizations.
Respondents oppose AKMD’s participate in support of, or in OMB Number: 1545–0976.
petition, asserting that CVR is neither opposition to, AKMD’s position is Form Number: 990–W.
selling nor abandoning the line, so that invited to submit written comments to Abstract: Form 990–W is used by tax-
section 10907(h) is not applicable. the Board regarding when, if ever, a exempt trusts and tax-exempt
Respondents argue that, had Congress stock sale triggers section 10907(h). corporations to figure estimated tax
intended to include stock acquisitions Board decisions, notices, and filings liability on unrelated business income
in section 10907(h), it would have done in this and other Board proceedings are and on investment income for private
so. According to Respondents, following available on our Web site at http:// foundations and the amount of each
the stock sale, the rail line will continue www.stb.dot.gov. installment payment. Form 990–W is a
to be an asset of CVR and, should CVR
Decided: May 12, 2006. worksheet only. It is not required to be
ever elect to sell or abandon any portion
By the Board, David M. Konschnik, filed.
of the line, AKMD could then invoke its
Director, Office of Proceedings. Current Actions: There are no changes
first-refusal rights under section
Vernon A. Williams, being made to the form at this time.
10907(h).
Respondents contend that the Feeder Secretary. Type of Review: Extension of a
Line Development Program has worked [FR Doc. E6–7565 Filed 5–18–06; 8:45 am] currently approved collection.
as intended on the Norman Branch. BILLING CODE 4915–01–P
Affected Public: Not-for-profit
They state that CVR provided service on institutions and business or other for-
the line from September 2000 until the profit organizations.
summer of 2005, when the line was Estimated Number of Respondents:
DEPARTMENT OF THE TREASURY
embargoed due to the need to make 28,971.
certain repairs. They indicate that CVR Internal Revenue Service Estimated Number of Response: 13
resumed service after obtaining funding hours, 22 minuites.
from the State of Arkansas for those Proposed Collection; Comment Estimated Total Annual Burden
repairs. Respondents explain that CVR’s Request for Form 990-W Hours: 387,392.
The following paragraph applies to all
shareholders have determined that AGENCY: Internal Revenue Service (IRS), of the collections of information covered
preservation of rail service would best Treasury. by this notice:
be served by having the shippers sell
ACTION: Notice and request for An agency may not conduct or
their stock in CVR to an experienced
comments. sponsor, and a person is not required to
investor who is willing to operate the
respond to, a collection of information
line. They have begun discussions with SUMMARY: The Department of the unless the collection of information
Pioneer, an experienced shortline Treasury, as part of its continuing effort displays a valid OMB control number.
operator, to invest in the line and fund to reduce paperwork and respondent Books or records relating to a collection
rehabilitation. They claim that CVR is burden, invites the general public and of information must be retained as long
attempting to further the purposes of the other Federal agencies to take this as their contents may become material
Feeder Line Development Program by opportunity to comment on proposed in the administration of any internal
finding a new shareholder to enhance and/or continuing information revenue law. Generally, tax returns and
the future viability of service to shippers collections, as required by the tax return information are confidential,
on the line. Paperwork Reduction Act of 1995,
Respondents request expedited action as required by 26 U.S.C. 6103.
Public Law 104–13 (44 U.S.C. Request for Comments: Comments
on this matter. IP, the major shipper on 3506(c)(2)(A)). Currently, the IRS is
the line, questions whether the submitted in response to this notice will
soliciting comments concerning Form be summarized and/or included in the
proposed transfer of control of the 990–W, Estimated Tax on Unrelated
Norman Branch to Pioneer would result request for OMB approval. All
Business Taxable Income for Tax- comments will become a matter of
in the restoration of service levels that Exempt Organizations.
existed when AKMD operated the line public record. Comments are invited on:
DATES: Written comments should be (a) Whether the collection of
and agrees that AKMD has raised a
received on or before July 18, 2006 to be information is necessary for the proper
significant legal issue that the Board
assured of consideration. performance of the functions of the
needs to resolve on the merits.3
ADDRESSES: Direct all written comments agency, including whether the
abandon all or any portion of a purchased railroad to Glenn Kirkland Internal Revenue information shall have practical utility;
line, such purchasing carrier shall offer the right of Service, room 6512, 1111 Constitution (b) the accuracy of the agency’s estimate
first refusal with respect to such line or portion Avenue NW., Washington, DC 20224. of the burden of the collection of
thereof to the carrier which sold such line under information; (c) ways to enhance the
this section. Such offer shall be made at a price FOR FURTHER INFORMATION CONTACT:
equal to the sum of the price paid by such Requests for additional information or quality, utility, and clarity of the
purchasing carrier to such selling carrier for such copies of the form and instructions information to be collected; (d) ways to
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line or portion thereof and the fair market value


should be directed to Larnice Mack at minimize the burden of the collection of
(less deterioration) of any improvements made, as information on respondents, including
adjusted to reflect inflation.’’ Internal Revenue Service, room 6512,
3 By pleading filed May 9, 2006, CVR has sought through the use of automated collection
to file a reply to IP’s submission, addressing IP’s motion to strike. To ensure a complete record, techniques or other forms of information
claims of service deficiencies, or, alternatively, a CVR’s reply will be accepted into the record. technology; and (e) estimates of capital

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Federal Register / Vol. 71, No. 97 / Friday, May 19, 2006 / Notices 29217

or start-up costs and costs of operation, Regulation Project Number: REG– Approved: May 11, 2006.
maintenance, and purchase of services 251985–96. Glenn Kirkland,
to provide information. Abstract: Section 1.863–3(f)(6) of this IRS Reports Clearance Officer.
Approved: May 9, 2006. regulation requires taxpayers to attach a [FR Doc. E6–7621 Filed 5–18–06; 8:45 am]
Glenn Kirkland, statement to their tax return furnishing BILLING CODE 4830–01–P
IRS Reports Clearance Office. certain information regarding the
[FR Doc. E6–7620 Filed 5–18–06; 8:45 am] methodology used to determine the
source of their income from cross-border DEPARTMENT OF THE TREASURY
BILLING CODE 4830–01–P
sales of inventory, and the amount of
income allocated or apportioned to U.S. Internal Revenue Service
DEPARTMENT OF THE TREASURY or foreign sources in these sales. The Proposed Collection; Comment
information is used by the IRS to Request for Form 8844
Internal Revenue Service establish whether the taxpayer
determined the source of its income in AGENCY: Internal Revenue Service (IRS),
[REG–251985–96]
accordance with Code section 863. Treasury.
Proposed Collection; Comment Current Actions: There is no change to ACTION: Notice and request for
Request for Regulation Project this existing regulation. comments.
AGENCY: Internal Revenue Service (IRS), Type of Review: Extension of a SUMMARY: The Department of the
Treasury. currently approved collection. Treasury, as part of its continuing effort
ACTION: Notice and request for Affected Public: Business or other for- to reduce paperwork and respondent
comments. profit organizations. burden, invites the general public and
Estimated Time Per Respondents: 200. other Federal agencies to take this
SUMMARY: The Department of the opportunity to comment on proposed
Treasury, as part of its continuing effort Estimated Time Per Respondent: 2 and/or continuing information
to reduce paperwork and respondent hours., 30 minutes. collections, as required by the
burden, invites the general public and Estimated Total Annual Burden Paperwork Reduction Act of 1995,
other Federal agencies to take this Hours: 500. Public Law 104–13 (44 U.S.C.
opportunity to comment on proposed The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is
and/or continuing information of the collections of information covered soliciting comments concerning Form
collections, as required by the by this notice: 8844, Empowerment Zone Employment
Paperwork Reduction Act of 1995, Credit.
Public Law 104–13 (44 U.S.C. An agency may not conduct or
DATES: Written comments should be
3506(c)(2)(A)). Currently, the IRS is sponsor, and a person is not required to
received on or before July 18, 2006 to be
soliciting comments concerning an respond to, a collection of information
assured of consideration.
existing notice of proposed rulemaking unless the collection of information
displays a valid OMB control number. ADDRESSES: Direct all written comments
and temporary regulation, REG–251985– to Glenn Kirkland Internal Revenue
96 (TD 8786), Source of Income From Books or records relating to a collection
of information must be retained as long Service, room 6512, 1111 Constitution
Sales of Inventory Partly From Sources Avenue NW., Washington, DC 20224.
Within a Possession of the United State; as their contents may become material
in the administration of any internal FOR FURTHER INFORMATION CONTACT:
Also, Source of Income Derived From
Certain Purchases From a Corporation revenue law. Generally, tax returns and Requests for additional information or
Electing Section 936 (§ 1.863–3). tax return information are confidential, copies of the form and instructions
as required by 26 U.S.C. 6103. should be directed to Larnice Mack at
DATES: Written comments should be
Request for Comments: Comments Internal Revenue Service, room 6512,
received on or before July 18, 2006 to be 1111 Constitution Avenue NW.,
assured of consideration. submitted in response to this notice will
be summarized and/or included in the Washington, DC 20224, or at (202) 622–
ADDRESSES: Direct all written comments 3179, or through the internet at
to Glenn Kirkland, Internal Revenue request for OMB approval. All
comments will become a matter of (Larnice.Mack@irs.gov).
Service, room 6516, 1111 Constitution
Avenue, NW., Washington, DC 20224. public record. Comments are invited on: SUPPLEMENTARY INFORMATION:
(a) Whether the collection of Title: Empowerment Zone
FOR FURTHER INFORMATION CONTACT:
information is necessary for the proper Employment Credit.
Requests for additional information or performance of the functions of the OMB Number: 1545–1444.
copies of the regulations should be agency, including whether the Form Number: Form 8844.
directed to Larnice Mack at Internal information shall have practical utility; Abstract: Employers who hire
Revenue Service, room 6512, 1111 (b) the accuracy of the agency’s estimate employees who live and work in one of
Constitution Avenue, NW., Washington, of the burden of the collection of the eleven designated empowerment
DC 20224, or at (202) 622–3179, or information; (c) ways to enhance the zones can receive a tax credit for the
through the Internet at quality, utility, and clarity of the first $15,000 of wages paid to each
(Larnice.Mack@irs.gov). information to be collected; (d) ways to employee. The credit is applicable from
SUPPLEMENTARY INFORMATION: minimize the burden of the collection of the date of designation through the year
Title: Source of Income From Sales of information on respondents, including 2004.
Inventory Partly From Sources Within a through the use of automated collection Current Actions: There are no changes
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Possession of the United States; Also, techniques or other forms of information being made to the form at this time.
Source of Income Derived From Certain technology; and (e) estimates of capital Type of Review: Extension of a
Purchases From a Corporation Electing or start-up costs and costs of operation, currently approved collection.
Section 936. maintenance, and purchase of services Affected Public: Business or other for-
OMB Number: 1545–1556. to provide information. profit organizations, individuals or

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