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###### Department of the Treasury

###### Internal Revenue Service 

          - [PS-268-82] 

# AGENCY:

Internal Revenue Service (IRS), Treasury. 

# ACTION:

Notice and request for comments. 

# SUMMARY:

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13(44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, PS-268-82 (TD 8696), Definitions Under Subchapter S of the Internal Revenue Code (Section 1.1377-1). 

# DATES:

Written comments should be received on or before December 21, 2004 to be assured of consideration. 

# ADDRESSES:

Direct all written comments to Paul Finger, Internal Revenue Service, room 6516, 1111 Constitution Avenue NW., Washington, DC 20224. 

# FOR FURTHER INFORMATION CONTACT:

                        Requests for additional information or copies of the regulation should be directed to Allan Hopkins, at (202) 622-6665, or at Internal Revenue Service, room 6516, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet, at                         *Allan.M.Hopkins@irs.gov.*

# SUPPLEMENTARY INFORMATION:

*Title:*                     Definitions Under Subchapter S of the Internal Revenue Code.                 

*OMB Number:*                     1545-1462.                 

*Regulation Project Number:*                     PS-268-82.                 

*Abstract:*                     Section 1.1377-1(b)(4) of the regulation provides that an S corporation making a terminating election under Internal Revenue Code section 1377(a)(2) must attach a statement to its timely filed original or amended return required to be filed under Code section 6037(a). The statement must provide information concerning the events that gave rise to the election and declarations of consent from the S corporation shareholders.                 

*Current Actions:*                     There is no change to this existing regulation.                 

*Type of Review:*                     Extension of OMB approval.                 

*Affected Public:*                     Business or other for-profit organizations, and individuals.                 

*Estimated Number of Respondents:*                     4,000.                 

*Estimated Time Per Respondent:*                     15 mins.                 

*Estimated Total Annual Burden Hours:*                     1,000.                 

The following paragraph applies to all of the collections of information covered by this notice: 

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.  Books or records relating to a 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. 

*Request for Comments:*                     Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.                 

Paul Finger, 

IRS Reports Clearance Officer. 

[FR Doc. 04-23751 Filed 10-21-04; 8:45 am] 

BILLING CODE 4830-01-P