[Federal Register Volume 70, Number 72 (Friday, April 15, 2005)]
[Rules and Regulations]
[Page 19892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7552]


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DEPARTMENT OF THE TREASURY

Office of the Secretary

31 CFR Part 10

[TD 9165]
RIN 1545-BA70


Regulations Governing Practice Before the Internal Revenue 
Service; Correction

AGENCY: Office of the Secretary, Treasury.

ACTION: Correcting amendment.

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SUMMARY: This document contains corrections to (TD 9165), which were 
published in the Federal Register on Monday, December 20, 2004 (69 FR 
75839) revising the regulations governing practice before the Internal 
Revenue Service (Circular 230).

DATES: This correction is effective December 20, 2004.

FOR FURTHER INFORMATION CONTACT: Heather L. Dostaler at (202) 622-4940 
or Brinton T. Warren at (202) 622-7800 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background

    The final regulations (TD 9165) that are the subject of these 
corrections are under 31 CFR sections 10.33, 10.35, 10.36, 10.37, 
10.38, 10.52 and 10.93.

Need for Correction

    As published, TD 9165 contains errors that may prove to be 
misleading and are in need of clarification.

List of Subjects in 31 CFR Part 10

    Practice before the Internal Revenue Service.

Correction of Publication

0
Accordingly, 31 CFR Part 10 is corrected by making the following 
correcting amendments:

PART 10--PRACTICE BEFORE THE INTERNAL REVENUE SERVICE

0
Paragraph 1. The authority citation for 31 CFR, part 10 continues to 
read in part as follows:

    Authority: Sec.3, 23 Stat. 258, secs. 2-12, 60 Stat. 237 et 
seq.; 5 U.S.C. 301, 500, 551-559; 31 U.S.C. 330; Reorg. Plan No. 26 
of 1950, 15 FR 4935, 64 Stat. 1280, 3 CFR, 1949-1953 Comp., p. 1017.


Sec.  10.35  [Corrected]

0
Par. 2. Section 10.35 is amended by revising paragraphs (b)(2)(ii)(B) 
introductory text and (b)(4)(i) to read as follows:


10.35  Requirements for covered opinions.

* * * * *
    (b) * * *
    (2) * * * (ii) * * *
    (A) * * *
    (B) Written advice, other than advice described in paragraph 
(b)(2)(i)(A) of this section (concerning listed transactions) or 
paragraph (b)(2)(i)(B) of this section (concerning the principal 
purpose of avoidance or evasion) that--
* * * * *
    (4) Reliance opinion--(i) Written advice is a reliance opinion if 
the advice concludes at a confidence level of at least more likely than 
not (a greater than 50 percent likelihood) that one or more significant 
Federal tax issues would be resolved in the taxpayer's favor.
* * * * *

    Dated: April 11, 2005.
Richard S. Carro,
Senior Advisor to the General Counsel (Regulatory Affairs).
[FR Doc. 05-7552 Filed 4-14-05; 8:45 am]
BILLING CODE 4830-01-P