[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29703]
[[Page Unknown]]
[Federal Register: December 6, 1994]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[EE-38-94]
RIN 1545-AS92
Nonbank Trustee Net Worth Requirements
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking by cross-reference to temporary
regulations.
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SUMMARY: In the Rules and Regulations section of this issue of the
Federal Register, the IRS is issuing temporary regulations relating to
nonbank trustees and the adequacy of net worth requirements of
Sec. 1.401-12(n) (6) and (7) of the Income Tax Regulations. The text of
those temporary regulations also serves as the text of these proposed
regulations.
DATES: Written comments must be received by January 5, 1995.
ADDRESSES: Send submissions to: Internal Revenue Service, POB 7604, Ben
Franklin Station, Attn: CC:DOM:CORP:T:R (EE-38-94), room 5228,
Washington, DC 20044. In the alternative, submissions may be hand
delivered between the hours of 8 a.m. and 5 p.m. to: CC:DOM:CORP:T:R
(EE-38-94), Courier's Desk, Internal Revenue Service, 1111 Constitution
Avenue NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Judith E. Alden, (202) 622-6030 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
Temporary regulations in the Rules and Regulations section of this
issue of the Federal Register amend the Income Tax Regulations (26 CFR
part 1) relating to section 401(d)(1). The temporary regulations
contain rules relating to the net worth requirements for nonbank
trustees.
The text of those temporary regulations also serves as the text of
these proposed regulations. The preamble to the temporary regulations
explains the temporary regulations.
Special Analyses
It has been determined that this notice of proposed rulemaking is
not a significant regulatory action as defined in EO 12866. Therefore,
a regulatory assessment is not required. It also has been determined
that section 553(b) of the Administrative Procedure Act (5 U.S.C.
chapter 5) and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do
not apply to these regulations, and, therefore, a Regulatory
Flexibility Analysis is not required. Pursuant to section 7805(f) of
the Internal Revenue Code, this notice of proposed rulemaking will be
submitted to the Chief Counsel for Advocacy of the Small Business
Administration for comment on its impact on small business.
Comments and Requests for a Public Hearing
Before these proposed regulations are adopted as final regulations,
consideration will be given to any written comments (a signed original
and eight (8) copies) that are submitted timely to the IRS. All
comments will be available for public inspection and copying. A public
hearing may be scheduled if requested in writing by a person that
timely submits written comments. If a public hearing is scheduled,
notice of the date, time, and place for the hearing will be published
in the Federal Register.
Drafting Information
The principal author of these regulations is Judith E. Alden,
Office of the Associate Chief Counsel, (Employee Benefits and Exempt
Organizations), IRS. However, other personnel from the IRS and Treasury
Department participated in their development.
List of Subjects in 26 CFR Part 1
Income Taxes, Reporting and recordkeeping requirements.
Proposed Amendments to the Regulations
Accordingly, 26 CFR part 1 is proposed to be amended as follows:
PART 1--INCOME TAXES
Paragraph 1. The authority citation for part 1 continues to read,
in part, as follows:
Authority: 26 U.S.C. 7805. * * *
Par. 2. Section 1.401-12 is amended by revising paragraphs
(n)(6)(ii) and (n)(7)(i) to read as follows:
Sec. 1.401-12 Requirements for qualification of trusts and plans
benefiting owner-employees.
[The text of proposed paragraphs (n)(6)(ii) and (n)(7)(i) are the same
as the text of Sec. 1.401-12T published elsewhere in this issue of the
Federal Register].
Margaret Milner Richardson,
Commissioner of Internal Revenue.
[FR Doc. 94-29703 Filed 12-5-94; 8:45 am]
BILLING CODE 4830-01-P