[Federal Register Volume 62, Number 198 (Tuesday, October 14, 1997)]
[Rules and Regulations]
[Pages 53384-53387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25997]



[[Page 53383]]

_______________________________________________________________________

Part II





Department of the Treasury





_______________________________________________________________________



Internal Revenue Service



_______________________________________________________________________



26 CFR Part 1, et al.



Treaty-Based Return Positions; General



Revision of Regulations Relating to Witholding of Tax on Certain U.S. 
Source Income Paid to Foreign Persons and Related Collection, Refunds, 
and Credits; Certain Payments Made Pursuant to a Securities Lending 
Transaction; Final Rules



Withholding on Interest in the Case of Sales of Obligations Between 
Interest Payment Dates; Electronic Transmission of Form W-8; Proposed 
Rules

  Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / 
Rules and Regulations  

[[Page 53384]]



DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1, 301, and 602

[TD 8733]
RIN 1545-AP35


Treaty-Based Return Positions

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final regulations.

-----------------------------------------------------------------------

SUMMARY: This document contains final regulations under section 6114 of 
the Internal Revenue Code of 1986 providing that reporting is 
specifically required if the residency of an individual is determined 
under a treaty and apart from the Code.
    The IRS concluded, in the process of completing the regulations 
under section 7701(b), that the rules of section 6114 should apply to 
individuals determining their residency under a treaty.
    These final regulations are necessary to implement the section 6114 
rules to individuals determining their residency under a treaty. Also 
contained in this document are final regulations relating to section 
7701(b) and conforming changes to regulations under sections 6038 and 
6046.

EFFECTIVE DATE: These regulations are effective December 15, 1997.

FOR FURTHER INFORMATION CONTACT: David A. Juster, telephone (202-622-
3850) (not a toll-free number), regarding sections 6114 and 7701(b) and 
Carl M. Cooper, telephone (202-622-3840) (not a toll-free number) 
regarding sections 6038 and 6046, both of the Office of Associate Chief 
Counsel (International), within the Office of Chief Counsel, IRS.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

    The collections of information contained in these final regulations 
have been reviewed and approved by the Office of Management and Budget 
in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under 
control number 1545-1126. Responses to these collections of information 
are mandatory.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information displays a valid OMB control number.
    The estimated annual burden per respondent varies from 1/2 hour to 
3 hours, depending on individual circumstances, with an estimated 
average of 1 hour.
    Comments concerning the accuracy of this burden estimate and 
suggestions for reducing this burden should be sent to the Internal 
Revenue Service, Attn: IRS Reports Clearance Officer, T:FP, Washington, 
DC 20224, and to the Office of Management and Budget, Attn: Desk 
Officer for the Department of the Treasury, Office of Information and 
Regulatory Affairs, Washington, DC 20503.
    Books or records relating to this collection of information must be 
retained as long as their contents may become material in the 
administration of any internal revenue law. Generally, tax returns and 
tax return information are confidential, as required by 26 U.S.C. 6103.

Background

    On April 27, 1992, a notice of proposed rulemaking was published in 
the Federal Register (57 FR 15272) proposing amendments to the final 
Regulations on Procedure and Administration (26 CFR 301.6114-1), 
published in the Federal Register on March 14, 1990 (55 FR 9438) and on 
July 12, 1990 (55 FR 28608). The proposed amendments related to 
Sec. 301.6114-1 (b) and (c) and Sec. 301.7701(b)-7(c)(2). No written 
comments responding to the notice were received. No public hearing was 
requested or held. The proposed amendments are adopted without change 
by this Treasury decision. This Treasury decision also includes 
modifications to Secs. 1.6038-2(j), 1.6046-1(g), 301.6114-1(d), 
301.7701(b)-3(b) (3) and (4), 301.7701(b)-7(c)(1) and 301.7701(b)-8(b) 
(1) and (2).

Explanation of Provisions

    Section 301.6114-1(b) is amended by adding paragraph (b)(8) to 
provide that reporting is required under section 6114 where residency 
of an individual is determined under a treaty and apart from the 
Internal Revenue Code (Code). The regulations provide, however, that 
reporting is waived for an individual if payments or income items 
reportable by reason of paragraph (b)(8) do not exceed $100,000 in the 
aggregate. Section 301.6114-1(d) currently provides that when reporting 
is required under section 6114, a taxpayer must furnish as an 
attachment to his or her return a written statement with the 
information as set forth in paragraph (d). Section 301.7701(b)-7(b) 
currently provides that a dual resident taxpayer who claims a treaty 
benefit as a nonresident of the United States must file a statement in 
the form required by paragraph (c) of that section. Section 301.6114-
1(d) is now amended to provide that, when reporting is required under 
section 6114, a taxpayer must furnish, as an attachment to his or her 
return, a fully completed Form 8833 (Treaty-Based Return Position 
Disclosure Under Section 6114 or 7701(b)) or appropriate successor 
form. Section 301.7701(b)-7(c)(1) is amended to provide that the 
written statement required to be furnished under paragraph (b) of that 
section, as an attachment to a dual resident taxpayer's return, must be 
in the form of a fully completed Form 8833 (Treaty-Based Return 
Position Disclosure Under Section 6114 or 7701(b)) or appropriate 
successor form. Form 8833 was developed to provide standardized 
reporting of the information currently required by Secs. 301.6114-1(d) 
and 301.7701(b)-7(c).
    In an effort to provide standardized reporting of the information 
currently required to be reported, under Sec. 301.7701(b)-8(b), by 
taxpayers claiming the closer connection exception and exempt 
individuals and individuals with a medical condition, the Service has 
developed Form 8840 (Closer Connection Exception Statement) and Form 
8843 (Statement for Exempt Individuals and Individuals with a Medical 
Condition). Accordingly, Sec. 301.7701(b)-8(b)(1) is amended to provide 
that the statement filed by alien individuals claiming the closer 
connection exception, described in Sec. 301.7701(b)-2, must be in the 
form of a fully completed Form 8840 or appropriate successor form. 
Section 301.7701(b)-8(b)(2) is amended to provide that the statement 
filed by exempt individuals and individuals with a medical condition, 
described in Sec. 301.7701(b)-3, must be in the form of a fully 
completed Form 8843 or appropriate successor form.
    Sections 3121(b)(19), 3306(c)(19) and 3231(e)(1) of the Code 
provide that ``J'' class visa holders (teachers and trainees) are 
exempt from FICA, FUTA and Railroad Retirement Act taxes, respectively. 
Section 320 of the Social Security Independence and Program 
Improvements Act of 1994, Public Law 103-296 (108 Stat. 1464), extends 
the FICA, FUTA and Railroad Retirement Act tax exemptions and certain 
other tax rules to ``Q'' class visa holders (participants in 
international cultural exchange programs). Accordingly, conforming 
changes have been made to Sec. 301.7701(b)-3(b) (3) and (4) to reflect 
the revisions in the Code to the definitions of a teacher or trainee 
and student contained in section 7701(b)(5).
    Section 301.7701(b)-7(c)(2), adopted as proposed, provides that, 
for purposes of stating the approximate amount of subpart F income to 
be included in the

[[Page 53385]]

statement required to be furnished under paragraph (b) of that section 
by a dual resident taxpayer who is a shareholder in a controlled 
foreign corporation (as defined in section 957 or section 953(c)), the 
approximate amount of income may be based on the audited foreign 
financial statements of the CFC if there are no other United States 
shareholders in that CFC. Parallel rules with respect to information 
reporting under sections 6038 and 6046 are added in Secs. 1.6038-
2(j)(2)(ii) and 1.6046-1(g). Under these rules, a taxpayer who claims a 
treaty benefit as a nonresident of the United States, but who is a 
United States person for purposes of the information reporting 
requirements of sections 6038 or 6046, may satisfy certain information 
reporting requirements by filing the audited foreign financial 
statements of the foreign corporation with respect to which the 
information reporting is required. However, these rules apply only if 
the taxpayer is the sole United States person for purposes of the 
information reporting requirements with respect to the foreign 
corporation. If there are other United States persons for those 
purposes, then the taxpayer must report the information required by the 
regulations in the form and manner generally prescribed.

Special Analyses

    It has been determined that this Treasury decision is not a 
significant regulatory action as defined in EO 12866. Therefore, a 
regulatory assessment is not required. It has also been determined that 
section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) 
does not apply to these regulations, and because the notice of proposed 
rulemaking preceding the regulations was issued prior to March 29, 
1996, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not 
apply. Pursuant to section 7805(f) of the Code, the notice of proposed 
rulemaking preceding these regulations was submitted to the Chief 
Counsel for Advocacy of the Small Business Administration for comment 
on its impact on small business.
    Drafting Information: Various personnel from the Office of 
Associate Chief Counsel (International), within the Office of Chief 
Counsel, IRS and the Treasury Department participated in developing the 
regulations.

List of Subjects

26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

26 CFR Part 301

    Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income 
taxes, Penalties, Reporting and recordkeeping requirements.

26 CFR Part 602

    Reporting and recordkeeping requirements.

Adoption of Amendments to the Regulations

    Accordingly, 26 CFR parts 1, 301 and 602 are 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 1.6038-2 is amended by:
    1. Redesignating paragraph (j)(2)(ii) as paragraph (j)(2)(iii).
    2. Adding new paragraph (j)(2)(ii) to read as follows:


Sec. 1.6038-2   Information returns required of United States persons 
with respect to annual accounting periods of certain foreign 
corporations beginning after December 31, 1962.

* * * * *
    (j) * * *
    (2) * * *
    (ii) If an individual who is a United States person required to 
furnish information with respect to a foreign corporation under section 
6038 is entitled under a treaty to be treated as a nonresident of the 
United States, and if the individual claims this treaty benefit, and if 
there are no other United States persons that are required to furnish 
information under section 6038 with respect to the foreign corporation, 
then the individual may satisfy the requirements of paragraphs (f)(10), 
(f)(11), (g), and (h) of this section by filing the audited foreign 
financial statements of the foreign corporation with the individual's 
return required under section 6038.
* * * * *
    Par. 3. In Sec. 1.6046-1, paragraph (g) is amended by adding a 
sentence at the end to read as follows:


Sec. 1.6046-1  Returns as to organization or reorganization of foreign 
corporations and as to acquisitions of their stock, on or after January 
1, 1963.

* * * * *
    (g) * * * If an individual who is a United States person required 
to make a return with respect to a foreign corporation under section 
6046 is entitled under a treaty to be treated as a nonresident of the 
United States, and if the individual claims this treaty benefit, and if 
there are no other United States persons that are required to furnish 
information under section 6046 with respect to the foreign corporation, 
then the individual may satisfy the requirements of paragraphs (b)(10), 
(11) and (12), (c)(3)(ii)(d), and (g) of this section by filing the 
audited foreign financial statements of the foreign corporation with 
the individual's return required under section 6046.
* * * * *

PART 301--PROCEDURE AND ADMINISTRATION

    Par. 4. The authority citation for part 301 continues to read in 
part as follows:

    Authority: 26 U.S.C. 7805 * * *.
    Section 301.6114-1 also issued under 26 U.S.C. 6114; * * *.

    Par. 5. Section 301.6114-1 is amended by:
    1. Removing the language ``(c)(1)'' in paragraph (b)(4) 
introductory text and adding ``(c)(1)(i)'' in its place.
    2. Removing the language ``(c)(1)'' in paragraph (b)(5) 
introductory text and adding ``(c)(1)(i)'' in its place.
    3. Removing the language''(c)(4)'' in paragraph (b)(6) and adding 
``(c)(1)(iv)'' in its place.
    4. Removing the language ``or'' at the end of paragraph (b)(6).
    5. Removing the period at the end of paragraph (b)(7) and adding 
``; or'' in its place.
    6. Adding a paragraph (b)(8).
    7. Paragraphs (c)(1) through (c)(6) are redesignated as paragraphs 
(c)(1)(i) through (c)(1)(vi), respectively.
    8. Paragraphs (c)(7) introductory text, (c)(7)(i), (c)(7)(ii), and 
(c)(7)(iii) are redesignated as paragraphs (c)(1)(vii) introductory 
text, (c)(1)(vii)(A), (c)(1)(vii)(B) and (c)(1)(vii)(C), respectively.
    9. The introductory text of paragraph (c) is redesignated as the 
introductory text of paragraph (c)(1).
    10. Revising newly designated paragraph (c)(1)(ii).
    11. Removing the concluding text immediately following newly 
designated paragraph (c)(1)(vii)(C).
    12. Adding paragraphs (c)(2), (c)(3), (c)(4) and (c)(5).
    13. Revising paragraph (d).
    The additions and revisions read as follows:


Sec. 301.6114-1  Treaty-based return positions.

* * * * *
    (b) * * *
    (8) For returns relating to taxable years for which the due date 
for filing

[[Page 53386]]

returns (without extensions) is after December 15, 1997, that residency 
of an individual is determined under a treaty and apart from the 
Internal Revenue Code.
    (c) Reporting requirement waived. (1) * * *
    (ii) For returns relating to taxable years for which the due date 
for filing returns (without extensions) is on or before December 15, 
1997, that residency of an individual is determined under a treaty and 
apart from the Internal Revenue Code.
* * * * *
    (2) Reporting is waived for an individual if payments or income 
items otherwise reportable under this section (other than by reason of 
paragraph (b)(8) of this section), received by the individual during 
the course of the taxable year do not exceed $10,000 in the aggregate 
or, in the case of payments or income items reportable only by reason 
of paragraph (b)(8) of this section, do not exceed $100,000 in the 
aggregate.
    (3) Reporting with respect to payments or income items the 
treatment of which is mandated by the terms of a closing agreement with 
the Internal Revenue Service, and that would otherwise be subject to 
the reporting requirements of this section, is also waived.
    (4) If a partnership, trust, or estate that has the taxpayer as a 
partner or beneficiary discloses on its information return a position 
for which reporting is otherwise required by the taxpayer, the taxpayer 
(partner or beneficiary) is then excused from disclosing that position 
on a return.
    (5) This section does not apply to a withholding agent with respect 
to the performance of its withholding functions.
    (d) Information to be reported--(1) Returns due after December 15, 
1997. When reporting is required under this section for a return 
relating to a taxable year for which the due date (without extensions) 
is after December 15, 1997, the taxpayer must furnish, in accordance 
with paragraph (a) of this section, as an attachment to the return, a 
fully completed Form 8833 (Treaty-Based Return Position Disclosure 
Under Section 6114 or 7701(b)) or appropriate successor form.
    (2) Earlier returns. For returns relating to taxable years for 
which the due date for filing returns (without extensions) is on or 
before December 15, 1997, the taxpayer must furnish information in 
accordance with paragraph (d) of this section in effect prior to 
December 15, 1997 (see Sec. 301.6114-1(d) as contained in 26 CFR part 
301, revised April 1, 1997).
    (3) In general--(i) Permanent establishment. For purposes of 
determining the nature and amount (or reasonable estimate thereof) of 
gross receipts, if a taxpayer takes a position that it does not have a 
permanent establishment or a fixed base in the United States and 
properly discloses that position, it need not separately report its 
payment of actual or deemed dividends or interest exempt from tax by 
reason of a treaty (or any liability for tax imposed by reason of 
section 884).
    (ii) Single income item. For purposes of the statement of facts 
relied upon to support each separate Treaty-Based Return Position 
taken, a taxpayer may treat payments or income items of the same type 
(e.g., interest items) received from the same ultimate payor (e.g., the 
obligor on a note) as a single separate payment or income item.
    (iii) Foreign source effectively connected income. If a taxpayer 
takes the return position that, under the treaty, income that would be 
income effectively connected with a U.S. trade or business is not 
subject to U.S. taxation because it is income treated as derived from 
sources outside the United States, the taxpayer may treat payments or 
income items of the same type (e.g., interest items) as a single 
separate payment or income item.
    (iv) Sales or services income. Income from separate sales or 
services, whether or not made or preformed by an agent (independent or 
dependent), to different U.S. customers on behalf of a foreign 
corporation not having a permanent establishment in the United States 
may be treated as a single payment or income item.
    (v) Foreign insurers or reinsurers. For purposes of reporting by 
foreign insurers or reinsurers, as described in paragraph 
(c)(1)(vii)(B) of this section, such reporting must separately set 
forth premiums paid with respect to casualty insurance and indemnity 
bonds (subject to section 4371(1)); life insurance, sickness and 
accident policies, and annuity contracts (subject to section 4371(2)); 
and reinsurance (subject to section 4371(3)). All premiums paid with 
respect to each of these three categories may be treated as a single 
payment or income item within that category. For reports first due 
before May 1, 1991, the report may disclose, for each of the three 
categories, the total amount of premiums derived by the foreign insurer 
or reinsurer in U.S. dollars (even if a portion of these premiums 
relate to risks that are not U.S. situs). Reasonable estimates of the 
amounts required to be disclosed will satisfy these reporting 
requirements.
* * * * *
    Par. 6. Section 301.7701(b)-0 is amended in the contents listing 
by:
    1. Adding entries for Sec. 301.7701(b)-7, paragraphs (c)(1)(i) and 
(c)(1)(ii).
    2. Removing the language ``[Reserved]'' in the entry for 
Sec. 301.7701(b)-7, paragraph (c)(2).
    3. Adding entries for Sec. 301.7701(b)-8, paragraphs (b)(1)(i), 
(b)(1)(ii), (b)(2)(i) and (b)(2)(ii).
    The additions read as follows:


Sec. 301.7701(b)-0  Outline of regulation provision for section 
7701(b)-1 through (b)-9.

* * * * *


Sec. 301.7701(b)-7  Coordination with income tax treaties.

* * * * *
    (c) * * *
    (1) * * *
    (i) Returns due after December 15, 1997.
    (ii) Earlier returns.
* * * * *


Sec. 301.7701(b)-8  Procedural rules.

* * * * *
    (b) * * *
    (1) * * *
    (i) Returns due after December 15, 1997.
    (ii) Earlier returns.
    (2) * * *
    (i) Returns due after December 15, 1997.
    (ii) Earlier returns.
* * * * *
    Par. 7. Section 301.7701(b)-3 is amended by revising paragraphs 
(b)(3) and (b)(4) to read as follows:


Sec. 301.7701(b)-3  Days of presence in the United States that are 
excluded for purposes of section 7701(b).

* * * * *
    (b) * * *
    (3) Teacher or trainee. A teacher or trainee includes any 
individual (and that individual's immediate family), other than a 
student, who is admitted temporarily to the United States as a 
nonimmigrant under section 101(a)(15) (J) (relating to the admission of 
teachers and trainees into the United States) or section 101(a)(15)(Q) 
(relating to the admission of participants in international cultural 
exchange programs) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15) (J), (Q)) and who substantially complies with the 
requirements of being admitted.
    (4) Student. A student is any individual (and that individual's

[[Page 53387]]

immediate family) who is admitted temporarily to the United States as a 
nonimmigrant under section 101(a)(15)(F) or (M) (relating to the 
admission of students into the United States) or as a student under 
section 101(a)(15)(J) (relating to the admission of teachers and 
trainees into the United States) or section 101(a)(15)(Q) (relating to 
the admission of participants in international cultural exchange 
programs) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15) 
(F), (J), (M), (Q)) who substantially complies with the requirements of 
being admitted. For rules concerning taxation of certain nonresident 
students or trainees, see section 871(c) and Sec. 1.871-9(a) of this 
chapter.
* * * * *
    Par. 8. Section 301.7701(b)-7 is amended by:
    1. Revising paragraph (c)(1).
    2. Adding text for paragraph (c)(2).
    The revision and addition read as follows:


Sec. 301.7701(b)-7  Coordination with income tax treaties.

* * * * *
    (c) * * * (1) In general--(i) Returns due after December 15, 1997. 
The statement filed by an individual described in paragraph (a)(1) of 
this section, for a return relating to a taxable year for which the due 
date (without extensions) is after December 15, 1997, must be in the 
form of a fully completed Form 8833 (Treaty-Based Return Position 
Disclosure Under Section 6114 or 7701(b)) or appropriate successor 
form. See section 6114 and Sec. 301.6114-1 for rules relating to other 
treaty-based return positions taken by the same taxpayer.
    (ii) Earlier returns. For returns relating to taxable years for 
which the due date for filing returns (without extensions) is on or 
before December 15, 1997, the statement filed by the individual 
described in paragraph (a)(1) of this section must contain the 
information in accordance with paragraph (c)(1) of this section in 
effect prior to December 15, 1997 (see Sec. 301.7701(b)-7(c)(1) as 
contained in 26 CFR part 301, revised April 1, 1997).
    (2) Controlled foreign corporation shareholders. If the taxpayer 
who claims a treaty benefit as a nonresident of the United States is a 
United States shareholder in a controlled foreign corporation (CFC), as 
defined in section 957 or section 953(c), and there are no other United 
States shareholders in that CFC, then for purposes of paragraph (c)(1) 
of this section, the approximate amount of subpart F income (as defined 
in section 952) that would have been included in the taxpayer's income 
may be determined based on the audited foreign financial statements of 
the CFC.
* * * * *
    Par. 9. Section 301.7701(b)-8 is amended by revising paragraphs 
(b)(1) and (b)(2) to read as follows:


Sec. 301.7701(b)-8  Procedural rules.

* * * * *
    (b) * * * (1) Closer connection exception--(i) Returns due after 
December 15, 1997. The statement filed by an individual described in 
paragraph (a)(1) of this section, for a return relating to a taxable 
year for which the due date (without extensions) is after December 15, 
1997, must be in the form of a fully completed Form 8840 (Closer 
Connection Exception Statement) or appropriate successor form.
    (ii) Earlier returns. For returns relating to taxable years for 
which the due date for filing returns (without extensions) is on or 
before December 15, 1997, the statement filed by the individual 
described in paragraph (a)(1) of this section must contain the 
information in accordance with paragraph (b)(1) of this section in 
effect prior to December 15, 1997 (see Sec. 301.7701(b)-8(b)(1) as 
contained in 26 CFR Part 301, revised April 1, 1997).
    (2) Exempt individuals and individuals with a medical condition--
(i) Returns due after December 15, 1997. The statement filed by an 
individual described in paragraph (a)(2) of this section, for a return 
relating to a taxable year for which the due date (without extensions) 
is after December 15, 1997, must be in the form of a fully completed 
Form 8843 (Statement for Exempt Individuals and Individuals with a 
Medical Condition) or appropriate successor form.
    (ii) Earlier returns. For returns relating to taxable years for 
which the due date for filing returns (without extensions) is on or 
before December 15, 1997, the statement filed by the individual 
described in paragraph (a)(2) of this section must contain the 
information in accordance with paragraph (b)(2) of this section in 
effect prior to December 15, 1997 (see Sec. 301.7701(b)-8(b)(2) as 
contained in 26 CFR Part 301, revised April 1, 1997).

PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT

    Par. 10. The authority citation for part 602 continues to read as 
follows:

    Authority: 26 U.S.C. 7805.

    Par. 11. In Sec. 602.101, paragraph (c) is amended by adding an 
entry in numerical order to the table and revising the entry for 
301.7701(b)-7 to read as follows:


Sec. 602.101  OMB Control numbers.

* * * * *
    (c) * * *

------------------------------------------------------------------------
                                                             Current OMB
     CFR part or section where identified and described      control No.
------------------------------------------------------------------------
                                                                        
                          *    *    *    *    *                         
301.6114-1.................................................    1545-1126
                                                                        
                          *    *    *    *    *                         
301.7701(b)-7..............................................    1545-0089
                                                               1545-1126
*    *    *    *    *                                                   
------------------------------------------------------------------------

Michael P. Dolan,
Acting Commissioner of Internal Revenue.

    Approved: August 28, 1997.
Donald C. Lubick,
Acting Assistant Secretary of the Treasury.
[FR Doc. 97-25997 Filed 10-6-97; 8:45 am]
BILLING CODE 4830-01-P