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###### Department of the Treasury

###### Internal Revenue Service

          - [REG-105885-99]

# 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 this 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 REG-105885-99 (T.D. 9075) Compensation Deferred Under Eligible deferred Compensation Plans (§ 1.457-8).

# DATES:

Written comments should be received on or before April 27, 2010 to be assured of consideration.

# ADDRESSES:

Direct all written comments to R. Joe Durbala, Internal Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224.

# FOR FURTHER INFORMATION CONTACT:

                        Requests for additional information or copies of the regulations should be directed to Elaine Christophe at Internal Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or at (202) 622-3179, or through the Internet at (                        *Elaine.H.Christophe@irs.gov*).                    

# SUPPLEMENTARY INFORMATION:

*Title:*                     Compensation Deferred Under Eligible Deferred Compensation Plans.                

*OMB Number:*                     1545-1580.                 

*Regulation Project Number:*                     REG-105885-99.                

*Abstract:*                     The Small Business Job Protection Act of 1996 and the Taxpayer Relief Act of 1997 made changes to rules under Internal Revenue Code section 457 regarding eligible deferred compensation plans offered by state and local governments. REG-105885-99 requires state and local governments to establish a written trust, custodial account, or annuity contract to hold the assets and income in trust for the exclusive benefit of its participants and beneficiaries. Also, new non-bank custodians must submit applications to the IRS to be approved to serve as custodians of section 457 plan assets.                

*Current Actions:*                     There are no changes being made to the regulation at this time.                

*Type of Review:*                     Extension of currently approved collection.                

*Affected Public:*                     State, local or tribal governments.                

*Estimated Number of Respondents:*                     10,260.                

*Estimated Time Per Respondent:*                     1 hour 2 minutes.                

*Estimate Total Annual Burden Hours:*                     10,600.                

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.                

Approved: February 19, 2010.

R. Joe Durbala,

IRS Tax Supervisory Analyst.

[FR Doc. 2010-3942 Filed 2-25-10; 8:45 am]

BILLING CODE 4830-01-P