Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations 38095 

landing any marine life species, or part 

thereof, within the Sanctuary, except in 

accordance with rules 68B–42 of the 

Florida Administrative Code, and such 

rules shall apply mutatis mutandis 

(with necessary editorial changes) to all 

Federal and State waters within the 

Sanctuary. 

* * * * * 

(c) Notwithstanding the prohibitions 

in this section and in § 922.164, and any 

access and use restrictions imposed 

pursuant thereto, a person may conduct 

an activity specifically authorized by 

any valid Federal, State, or local lease, 

permit, license, approval, or other 

authorization issued after the effective 

date of these regulations, provided that 

the applicant complies with § 922.49, 

the Director notifies the applicant and 

authorizing agency that he or she does 

not object to issuance of the 

authorization, and the applicant 

complies with any terms and conditions 

the Director deems reasonably necessary 

to protect Sanctuary resources and 

qualities. Amendments, renewals and 

extensions of authorizations in 

existence on the effective date of these 

regulations constitute authorizations 

issued after the effective date of these 

regulations. 

* * * * * 

■ 4. Amend § 922.164 in paragraph (d) 

by revising the heading and paragraph 

(d)(1) introductory text; and in 

paragraph (e) by adding paragraph (e)(5) 

to read as follows: 

§ 922.164 Additional activity regulations 

by Sanctuary area. 

* * * * * 

(d) Ecological Reserves, Sanctuary 

Preservation Areas, and Special Use 

(Research only) Areas. (1) The following 

activities are prohibited within the 

Ecological Reserves described in 

Appendix IV to this subpart, within the 

Sanctuary Preservation Areas described 

in Appendix V to this subpart, and 

within the Special Use (Research only 

Areas) described in Appendix VI to this 

subpart: 

* * * * * 

(e) * * * 

(5) In addition to paragraph (e)(3) of 

this section no person shall conduct 

activities listed in paragraph (d) of this 

section in ‘‘Research-only Areas.’’ 

■ 5. Remove and reserve § 922.168. 

§ 922.168 [Removed and reserved] 

■ 6. Remove Appendix VIII to Subpart 

P of Part 922—Marine Life Rule [As 

Excerpted from Chapter 46–42 of the 

Florida Administrative Code]. 

[FR Doc. E9–17825 Filed 7–30–09; 8:45 am] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[TD 9455] 

RIN 1545–BC55 

Suspension of Running of Period of 

Limitations During a Proceeding To 

Enforce or Quash a Designated or 

Related Summons 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations. 

SUMMARY: This document contains final 

regulations regarding the use of 

designated summonses and related 

summonses and the effect on the period 

of limitations on assessment when a 

case is brought with respect to a 

designated or related summons. These 

final regulations reflect changes to 

section 6503 of the Internal Revenue 

Code of 1986 made by the Omnibus 

Budget Reconciliation Act of 1990 and 

the Small Business Job Protection Act of 

1996. These final regulations affect 

corporate taxpayers that are examined 

under the coordinated industry case 

(CIC) program and are served with 

designated or related summonses. These 

final regulations also affect third parties 

that are served with designated or 

related summonses for information 

pertaining to the corporate examination. 

DATES: Effective Date: These regulations 

are effective on July 31, 2009. 

Applicability Date: For the date of 

applicability, see § 301.6503(j)–1(e). 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Rawlins, (202) 622–3620 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

This document contains final 

regulations amending the Procedure and 

Administration regulations (26 CFR part 

301) under section 6503. Section 11311 

of the Omnibus Budget Reconciliation 

Act of 1990 (Pub. L. 101–508, 104 Stat. 

1388) amended section 6503(k) to 

suspend the period of limitations on 

assessment when a case is brought with 

respect to a designated or related 

summons. Section 6503(k) was 

redesignated as section 6503(j) by 

section 1702(h)(17)(A) of the Small 

Business Job Protection Act of 1996 

(Pub. L. 104–188, 110 Stat. 1874). 

On April 28, 2008, the IRS published 

in the Federal Register a notice of 

proposed rulemaking (REG–208199–91; 

73 FR 22879), interpreting section 

6503(j) and withdrawing a prior notice 

of proposed rulemaking, hereinafter 

referred to as the 2003 proposed 

regulations, published in the Federal 

Register on July 31, 2003 (68 FR 44905). 

Written comments from one 

commentator were received. No request 

for a public hearing was received, nor 

was one held. The proposed regulations 

are adopted as final regulations with 

one minor clarifying change. 

As described more fully in the 

preamble to the proposed regulations, 

these regulations generally provide that 

the period of limitations on assessment 

provided for in section 6501 is 

suspended with respect to any return of 

tax by a corporation that is the subject 

of a designated or related summons if a 

court proceeding to enforce or quash is 

instituted with respect to that summons. 

These final regulations define a 

designated summons, a related 

summons, and the period of suspension. 

The final regulations also provide 

guidance regarding the component 

concepts of judicial enforcement period, 

court proceeding, the date when the 

proceeding is no longer pending, final 

resolution, compliance, and the date 

when compliance occurs. These 

regulations also provide special rules on 

the number of designated and related 

summonses that may be issued, the time 

within which court proceedings must be 

brought to suspend the period of 

limitations on assessment, the 

computation of the suspension period if 

multiple court proceedings are 

instituted, the effect on the suspension 

provisions under section 7609(e), and 

the application of section 7503 when 

the last day of an assessment period 

falls on a Saturday, Sunday, or legal 

holiday. 

Comments on the Proposed Regulations 

§ 301.6503(j)–1(c)(5)(ii)—Date 

Compliance Occurs 

Proposed § 301.6503(j)–1(c)(5)(ii) 

provides, in pertinent part, that 

‘‘[c]ompliance with a court order that 

grants enforcement, in whole or in part, 

of a designated or related summons, 

occurs on the date it is determined that 

the testimony given, or the books, 

papers, records, or other data produced, 

or both, by the summoned party fully 

satisfy the court order concerning the 

summons. The determination of 

whether there has been full compliance 

will be made within a reasonable time, 

given the volume and complexity of the 

records produced, after the later of the 

giving of all testimony or the production 

of all records requested by the summons 

or required by any order enforcing any 

part of the summons.’’ The commentator 

suggested that this provision be changed 


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38096 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations 

to conform to the language appearing in 

the 2003 proposed regulation, which in 

pertinent part provides ‘‘[c]ompliance 

with a court order that grants 

enforcement * * * occurs on the date 

the Commissioner or his delegate 

(Commissioner) determines that * * * 

the summoned party fully satisf[ied] the 

court order * * *. The determination 

whether there has been compliance will 

be made as soon as practicable after the 

testimony is given or the materials are 

produced.’’ In particular, the 

commentator recommended that the 

phrase ‘‘as soon as practicable,’’ used in 

the 2003 proposed regulations, be 

substituted for the phrase ‘‘within a 

reasonable time,’’ used in the 2008 

proposed regulations. The commentator 

indicated this suggestion was intended 

to protect cooperative taxpayers from 

uncertainty about the suspension of 

their period of limitations. 

This suggestion has not been adopted. 

The 2008 proposed regulations identify 

the facts and circumstances to which 

the phrase ‘‘within a reasonable time’’ is 

intended to relate, including whether a 

determination is ‘‘practicable,’’ by 

adding the phrase ‘‘given the volume 

and complexity of the records 

produced.’’ Moreover, the term 

‘‘reasonable’’ is a term that is routinely 

interpreted by the courts. 

The commentator also expressed 

concern over the 2008 proposed 

regulatory phrase ‘‘it is determined,’’ 

appearing in the phrase ‘‘occurs on the 

date it is determined that the testimony 

given * * * or other data produced 

* * * by the summoned party fully 

satisfy the court order.’’ Although the 

commentator did not expressly suggest 

other language, the commentator did 

note that the 2003 proposed regulations 

had provided ‘‘the Commissioner or his 

delegate determines’’ and expressed the 

view that the 2008 phrase ‘‘it is 

determined’’ is ambiguous and will 

leave the taxpayer without guidance as 

to who will actually make the 

determination. 

CIC corporate taxpayers and their tax 

advisors are aware that the first point of 

inquiry for any matter involving the 

examination is the examination team 

conducting the audit and the team’s 

management and supervisory chain of 

command. These are the persons who 

will examine the summoned 

information and, under Internal 

Revenue Manual (IRM) procedures that 

will be issued based on these 

regulations, will decide whether the 

summoned person’s production satisfies 

the court’s order. The final regulations 

amend the proposed regulations to 

clarify this understanding and practice. 

Section 301.6503(j)–1(d)—Special Rules 

Proposed § 301.6503(j)–1(d)(1) 

through (5) provides several special 

rules that apply to designated and 

related summonses, such as the rule 

limiting the number of designated 

summonses that may be issued. 

Proposed § 301.6503(j)–1(d) does not 

include provisions appearing in the 

2003 proposed regulations as 

§ 301.6503(j)–1(d)(6) and (7), containing 

a procedure whereby a summoned 

person could request from the IRS a 

determination that the summoned 

person had fully complied with a 

designated or related summons to the 

extent required by court order. 

According to this 2003 proposed 

regulatory procedure, unless the 

taxpayer’s request was responded to 

timely, the summons would be treated 

as having been fully complied with as 

of the 180th day. This proposed 

procedure was not included in the 2008 

proposed regulations. 

The commentator suggested that this 

provision be revised to include 2003 

proposed § 301.6503(j)–1(d)(6) and (7), 

with one modification. The 

commentator suggested that the ‘‘fully 

complied with’’ procedure be reinstated 

and that a new provision be added to 

permit the taxpayer to request a ‘‘fully 

complied with’’ determination in cases 

where the summons was served on a 

third party. The commentator suggested 

that reinserting the procedure would 

protect cooperative CIC taxpayers from 

receiving unnecessary designated 

summonses, assist CIC taxpayers in 

knowing the date on which the 

suspension terminates, and avoid 

unnecessary litigation. 

This commentator’s suggestion has 

not been adopted. The final regulations 

and existing extensive safeguard protect 

cooperative CIC taxpayers from 

receiving unnecessary designated 

summonses. For example, pursuant to 

section 1003 of the Taxpayer Bill of 

Rights 2 of 1996 (Pub. L. 104–168, 110 

Stat. 1468), Congress requires the 

Treasury Department to report on an 

annual basis the number of designated 

summonses issued in the preceding 

year. Also, pursuant to section 

6503(j)(2)(A)(i), Congress requires 

preissuance review by a high ranking 

executive of the Office of Chief Counsel. 

The IRS and these regulations require 

preissuance review by both the Division 

Counsel of the Office of Chief Counsel 

and the Division Commissioner for the 

organizations that have jurisdiction over 

the corporate taxpayer. Additionally, 

the Office of Chief Counsel requires that 

the National Office provide preissuance 

review of all designated summonses. 

IRM 34.6.3.1(6)c. The public may access 

the IRM at http://www.irs.gov/irm/ 

index.html. To obtain approval for the 

issuance of a designated summons, the 

issuing office must explain why the 

corporate taxpayer refused to extend the 

period of limitations on assessment, and 

if the summons is to be issued near the 

end of the period permitted by section 

6503(j), the issuing office must explain 

why the summons was not issued at an 

earlier date. IRM 25.5.3.3(3)b. The 

effectiveness of these safeguards is 

evidenced by the IRS’s circumspect use 

of the designated summons authority. 

The IRS also will issue IRM 

provisions that will include procedures 

whereby the CIC taxpayer will be 

promptly informed of whether the 

production of summoned information 

fully complies with the summons. The 

IRM procedures depend on the issuance 

of the interpretative rules in these 

regulations, particularly the definition 

of final resolution and compliance, and 

cannot be published until these final 

regulations are effective. Once these 

regulations are effective, the IRM 

procedures will be published. Moreover, 

even without such IRM procedures, a 

CIC taxpayer may ascertain when the 

IRS determined full compliance and 

when the suspension terminated by 

contacting the examining agent. 

The final regulations also effectively 

prevent unnecessary litigation. In 

addition to the extensive safeguards 

discussed above, the IRS is committed 

to examining the summoned 

information and determining whether 

the production satisfies the enforcement 

order within a reasonable time given the 

volume and complexity of the 

information produced. The CIC taxpayer 

may contact the IRS at any time to 

inquire about the status of the 

suspension. 

Special Analyses 

It has been determined that this 

Treasury decision is not a significant 

regulatory action as defined in 

Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

has been determined that section 553(b) 

of the Administrative Procedure Act (5 

U.S.C. chapter 5) does not apply to this 

regulation, and because the regulation 

does not impose a collection of 

information requirement on small 

entities, the Regulatory Flexibility Act 

(5 U.S.C. chapter 6) does not apply. 

Pursuant to section 7805(f), the notice of 

proposed rulemaking preceding this 

final regulation was submitted to the 

Chief Counsel for Advocacy of the Small 

Business Administration for comment 

on its impact on small business. 


rmajette on DSK29S0YB1PROD with RULES
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations 38097 

Drafting Information 

The principal author of these 

regulations is Elizabeth Rawlins of the 

Office of the Associate Chief Counsel, 

Procedure and Administration, Internal 

Revenue Service. 

Lists of Subjects in 26 CFR Part 301 

■ Employment taxes, Estate taxes, 

Excise taxes, Gift taxes, Income taxes, 

Penalties, Reporting and recordkeeping 

requirements. 

Adoption of Amendments to the 

Regulations 

■ Accordingly, 26 CFR part 301 is 

amended as follows: 

PART 301—PROCEDURE AND 

ADMINISTRATION 

■ Paragraph 1. The authority citation 

for part 301 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * *. 

■ Par. 2. Section 301.6503(j)–1 is added 

to read as follows: 

§ 301.6503(j)–1 Suspension of running of 

period of limitations; extension in case of 

designated and related summonses. 

(a) General rule. The running of the 

applicable period of limitations on 

assessment provided for in section 6501 

is suspended with respect to any return 

of tax by a corporation that is the subject 

of a designated or related summons if a 

court proceeding is instituted with 

respect to that summons. 

(b) Period of suspension. The period 

of suspension is the time during which 

the running of the applicable period of 

limitations on assessment provided for 

in section 6501 is suspended under 

section 6503(j). If a court requires any 

compliance with a designated or related 

summons by ordering that any record, 

document, paper, object, or items be 

produced, or the testimony of any 

person be given, the period of 

suspension consists of the judicial 

enforcement period plus 120 days. If a 

court does not require any compliance 

with a designated or related summons, 

the period of suspension consists of the 

judicial enforcement period, and the 

period of limitations on assessment 

provided in section 6501 shall not 

expire before the 60th day after the close 

of the judicial enforcement period. 

(c) Definitions—(1) A designated 

summons is a summons issued to a 

corporation (or to any other person to 

whom the corporation has transferred 

records) with respect to any return of 

tax by such corporation for a taxable 

period for which such corporation is 

being examined under the coordinated 

industry case program or any other 

successor to the coordinated 

examination program if— 

(i) The Division Commissioner and 

the Division Counsel of the Office of 

Chief Counsel (or their successors) for 

the organizations that have jurisdiction 

over the corporation whose tax liability 

is the subject of the summons have 

reviewed the summons before it is 

issued; 

(ii) The Internal Revenue Service 

(IRS) issues the summons at least 60 

days before the day the period 

prescribed in section 6501 for the 

assessment of tax expires (determined 

with regard to extensions); and 

(iii) The summons states that it is a 

designated summons for purposes of 

section 6503(j). 

(2) A related summons is any 

summons issued that— 

(i) Relates to the same return of the 

corporation under examination as the 

designated summons; and 

(ii) Is issued to any person, including 

the person to whom the designated 

summons was issued, during the 30-day 

period that begins on the day the 

designated summons is issued. 

(3) The judicial enforcement period is 

the period that begins on the day on 

which a court proceeding is instituted 

with respect to a designated or related 

summons and ends on the day on which 

there is a final resolution as to the 

summoned person’s response to that 

summons. 

(4) Court proceeding—(i) In general. 

For purposes of this section, a court 

proceeding is a proceeding filed in a 

United States district court either to 

quash a designated or related summons 

under section 7609(b)(2) or to enforce a 

designated or related summons under 

section 7604. A court proceeding 

includes any collateral proceeding, such 

as a civil contempt proceeding. 

(ii) Date when proceeding is no longer 

pending. A proceeding to quash or to 

enforce a designated or related 

summons is no longer pending when all 

appeals (including review by the 

Supreme Court) are disposed of or after 

the expiration of the period in which an 

appeal may be taken or a request for 

further review (including review by the 

Supreme Court) may be made. If, 

however, following an enforcement 

order, a collateral proceeding is brought 

challenging whether the testimony 

given or production made by the 

summoned party fully satisfied the 

court order and whether sanctions 

should be imposed against the 

summoned party for a failure to so 

testify or produce, the proceeding to 

quash or to enforce the summons shall 

include the time from which the 

proceeding to quash or to enforce the 

summons was brought until the 

decision in the collateral proceeding 

becomes final. The decision becomes 

final on the date when all appeals 

(including review by the Supreme 

Court) are disposed of or when all 

appeal periods or all periods for further 

review (including review by the 

Supreme Court) expire. A decision in a 

collateral proceeding becomes final 

when all appeals (including review by 

the Supreme Court) are disposed of or 

when all appeal periods or all periods 

for further review (including review by 

the Supreme Court) expire. 

(5) Compliance—(i) In general. 

Compliance is the giving of testimony or 

the performance of an act or acts of 

production, or both, in response to a 

court order concerning the designated or 

related summons and the determination 

that the terms of the court order have 

been satisfied. 

(ii) Date compliance occurs. 

Compliance with a court order that 

wholly denies enforcement of a 

designated or related summons is 

deemed to occur on the date when all 

appeals (including review by the 

Supreme Court) are disposed of or when 

the period in which an appeal may be 

taken or a request for further review 

(including review by the Supreme 

Court) may be made expires. 

Compliance with a court order that 

grants enforcement, in whole or in part, 

of a designated or related summons, 

occurs on the date the IRS determines 

that the testimony given, or the books, 

papers, records, or other data produced, 

or both, by the summoned party fully 

satisfy the court order concerning the 

summons. The IRS will determine 

whether there has been full compliance 

within a reasonable time, given the 

volume and complexity of the records 

produced, after the later of the giving of 

all testimony or the production of all 

records requested by the summons or 

required by any order enforcing any part 

of the summons. If, following an 

enforcement order, collateral 

proceedings are brought challenging 

whether the production made by the 

summoned party fully satisfied the 

court order and whether sanctions 

should be imposed against the 

summoned party for a failing to do so, 

the suspension of the periods of 

limitations shall continue until the 

order enforcing any part of the 

summons is fully complied with and the 

decision in the collateral proceeding 

becomes final. A decision in a collateral 

proceeding becomes final when all 

appeals are disposed of, the period in 

which an appeal may be taken has 

expired or the period in which a request 


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38098 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations 

for further review may be made has 

expired. 

(6) Final resolution occurs when the 

designated or related summons or any 

order enforcing any part of the 

designated or related summons is fully 

complied with and all appeals or 

requests for further review are disposed 

of, the period in which an appeal may 

be taken has expired or the period in 

which a request for further review may 

be made has expired. 

(d) Special rules—(1) Number of 

summonses that may be issued—(i) 

Designated summons. Only one 

designated summons may be issued in 

connection with the examination of a 

specific taxable year or other period of 

a corporation. A designated summons 

may cover more than one year or other 

period of a corporation. The designated 

summons may require production of 

information that was previously sought 

in a summons (other than a designated 

summons) issued in the course of the 

examination of that particular 

corporation if that information was not 

previously produced. 

(ii) Related summonses. There is no 

restriction on the number of related 

summonses that may be issued in 

connection with the examination of a 

corporation. As provided in paragraph 

(c)(2) of this section, however, a related 

summons must be issued within the 30- 

day period that begins on the date on 

which the designated summons to 

which it relates is issued and must 

relate to the same return as the 

designated summons. A related 

summons may request the same 

information as the designated summons. 

(2) Time within which court 

proceedings must be brought. In order 

for the period of limitations on 

assessment to be suspended under 

section 6503(j), a court proceeding to 

enforce or to quash a designated or 

related summons must be instituted 

within the period of limitations on 

assessment provided in section 6501 

that is otherwise applicable to the tax 

return. 

(3) Computation of suspension period 

if multiple court proceedings are 

instituted. If multiple court proceedings 

are instituted to enforce or to quash a 

designated or one or more related 

summonses concerning the same tax 

return, the period of limitations on 

assessment is suspended beginning on 

the date the first court proceeding is 

brought. The suspension shall end on 

the date that is the latest date on which 

the judicial enforcement period, plus 

the 120 day or 60 day period (depending 

on whether the court requires any 

compliance) as provided in paragraph 

(b) of this section, expires with respect 

to each summons. 

(4) Effect on other suspension 

periods—(i) In general. Suspensions of 

the period of limitations under section 

6501 provided for under subsections 

7609(e)(1) and (e)(2) do not apply to any 

summons that is issued pursuant to 

section 6503(j). The suspension under 

section 6503(j) of the running of the 

period of limitations on assessment 

under section 6501 is independent of, 

and may run concurrent with, any other 

suspension of the period of limitations 

on assessment that applies to the tax 

return to which the designated or 

related summons relates. 

(ii) Examples. The rules of paragraph 

(d)(4)(i) of this section are illustrated by 

the following examples: 

Example 1. The period of limitations on 

assessment against Corporation P, a calendar 

year taxpayer, for its 2007 return is 

scheduled to end on March 17, 2011. 

(Ordinarily, Corporation P’s returns are filed 

on March 15th of the following year, but 

March 15, 2008, was a Saturday, and 

Corporation P timely filed its return on the 

subsequent Monday, March 17, 2008, making 

March 17, 2011 the last day of the period of 

limitations on assessment for Corporation P’s 

2007 tax year.) On January 4, 2011, a 

designated summons is issued to Corporation 

P concerning its 2007 return. On March 3, 

2011 (14 days before the period of limitations 

on assessment would otherwise expire with 

respect to Corporation P’s 2007 return), a 

court proceeding is brought to enforce the 

designated summons issued to Corporation P. 

On June 6, 2011, the court orders Corporation 

P to comply with the designated summons. 

Corporation P does not appeal the court’s 

order. On September 6, 2011, agents for 

Corporation P deliver material that they state 

are the records requested by the designated 

summons. On October 13, 2011, a final 

resolution to Corporation P’s response to the 

designated summons occurs when it is 

determined that Corporation P has fully 

complied with the court’s order. The 

suspension period applicable with respect to 

the designated summons issued to 

Corporation P consists of the judicial 

enforcement period (March 3, 2011, through 

October 13, 2011) and an additional 120-day 

period under section 6503(j)(1)(B), because 

the court required Corporation P to comply 

with the designated summons. Thus, the 

suspension period applicable with respect to 

the designated summons issued to 

Corporation P begins on March 3, 2011, and 

ends on February 10, 2012. Under the facts 

of this Example 1, the period of limitations 

on assessment against Corporation P further 

extends to February 24, 2012, to account for 

the additional 14 days that remained on the 

period of limitations on assessment under 

section 6501 when the suspension period 

under section 6503(j) began. 

Example 2. Assume the same facts set forth 

in Example 1, except that in addition to the 

issuance of the designated summons and 

related enforcement proceedings, on April 5, 

2011, a summons concerning Corporation P’s 

2007 return is issued and served on 

individual A, a third party. This summons is 

not a related summons because it was not 

issued during the 30-day period that began 

on the date the designated summons was 

issued. The third-party summons served on 

individual A is subject to the notice 

requirements of section 7609(a). Final 

resolution of individual A’s response to this 

summons does not occur until February 15, 

2012. Because there is no final resolution of 

individual A’s response to this summons by 

October 5, 2011, which is six months from 

the date of service of the summons, the 

period of limitations on assessment against 

Corporation P is suspended under section 

7609(e)(2) to the date on which there is a 

final resolution to that response for the 

purposes of section 7609(e)(2). Moreover, 

because final resolution to the summons 

served on individual A does not occur until 

after February 10, 2012, the end of the 

suspension period for the designated 

summons, the period of limitations on 

assessment against Corporation P expires 14 

days after the date that the final resolution 

as provided for in section 7609(e)(2) occurs 

with respect to the summons served on 

individual A. 

(5) Computation of 60-day period 

when last day of assessment period falls 

on a weekend or holiday. For purposes 

of paragraph (c)(1)(ii) of this section, in 

determining whether a designated 

summons has been issued at least 60 

days before the date on which the 

period of limitations on assessment 

prescribed in section 6501 expires, the 

provisions of section 7503 apply when 

the last day of the assessment period 

falls on a Saturday, Sunday, or legal 

holiday. 

(e) Effective/applicability date. This 

section is applicable on July 31, 2009. 

Approved: July 15, 2009. 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

Michael Mundaca, 

Acting Assistant Secretary of the Treasury 

(Tax Policy). 

[FR Doc. E9–18380 Filed 7–30–09; 8:45 am] 

BILLING CODE 4830–01–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–30 and CP2009–40; 

Order No. 247] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: This document informs the 

public that the Commission has 

reviewed and approved the Postal 

Service’s recent request to add a new 

Priority Mail product to the Competitive 


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