Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 46345 

227–1149. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Union 

Airworthiness Directive 2008–0212, dated 

December 4, 2008; and Airbus Mandatory 

Service Bulletin A310–53–2124, Revision 02, 

dated May 22, 2008; for related information. 

Material Incorporated by Reference 

(i) You must use Airbus Mandatory Service 

Bulletin A310–53–2124, Revision 02, dated 

May 22, 2008, to do the actions required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

Airbus Service Bulletin A310–53–2124, 

Revision 02, dated May 22, 2008, under 5 

U.S.C. 552 (a) and 1 CF part 51. 

(2) For service information identified in 

this AD, contact Airbus SAS—EAW 

(Airworthiness Office), 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; e-mail: account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on August 

24, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–21147 Filed 9–8–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9456] 

RIN 1545–BI78, 1545–BI79, 1545–BI80 

Treatment of Services Under Section 

482; Allocation of Income and 

Deductions From Intangible Property; 

Apportionment of Stewardship 

Expense; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

corrections to final regulations (TD 

9456) that were published in the 

Federal Register on Tuesday, August 4, 

2009 (74 FR 38830) providing guidance 

regarding the treatment of controlled 

services transactions under section 482 

and the allocation of income from 

intangible property, in particular with 

respect to contributions by a controlled 

party to the value of intangible property 

owned by another controlled party. 

These final regulations modify 

regulations under section 861 

concerning stewardship expenses to be 

consistent with the changes made to the 

guidance under section 482. 

DATES: This correction is effective on 

September 9, 2009, and is applicable on 

August 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Carol B. Tan or Gregory A. Spring, (202) 

435–5265 for matters relating to section 

482, or Richard L. Chewning, (202) 622– 

3850 for matters relating to stewardship 

expenses (not toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations that are the 

subject of this document are under 

sections 482, 861, 6038, and 6662 of the 

Internal Revenue Code. 

Need for Correction 

As published, the final regulations 

(TD 9456) contain errors that may prove 

to be misleading and are in need of 

clarification. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Correction of Publication 

■ Accordingly, 26 CFR part 1 is 

corrected by making the following 

correcting amendments: 

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 1.482–1 is amended by 

revising the last sentence of paragraph 

(d)(3)(v) to read as follows: 

§ 1.482–1 Allocation of income and 

deductions among taxpayers. 

* * * * * 

(d) * * * 

(3) * * * 

(v) * * * For guidance concerning the 

specific comparability considerations 

applicable to transfers of tangible and 

intangible property and performance of 

services, see §§ 1.482–3 through 1.482– 

6 and § 1.482–9; see also §§ 1.482–3(f), 

1.482–4(f)(4), and 1.482–9(m), dealing 

with the coordination of intangible and 

tangible property and performance of 

services rules. 

■ Par. 3. Section 1.482–6 is amended by 

revising the third sentence of paragraph 

(c)(3)(i)(B)(1) to read as follows: 

§ 1.482–6 Profit split method. 

* * * * * 

(c) * * * 

(3) * * * 

(i) * * * 

(B) * * * 

(1) * * * Thus, in cases where such 

nonroutine contributions are present, 

there normally will be an unallocated 

residual profit after the allocation of 

income described in paragraph 

(c)(3)(i)(A) of this section. * * * 

■ Par. 4. Section 1.482–8 is amended by 

revising the second sentence of 

paragraph (b) Example 10. (iv) to read as 

follows: 

§ 1.482–8 Examples of the best method 

rule. 

* * * * * 

(b) * * * 

Example 10. * * * 

(iv) * * * A functional analysis indicates 

that USSub’s activities to promote Product Y 

in year 4 are similar to activities performed 

by Agency A during years 1 through 3 under 

the contract with USSub. * * * 

* * * * * 

■ Par. 5. Section 1.482–9 is amended as 

follows: 

■ 1. The last sentence of paragraph 

(b)(8) Example 22. (i) is revised. 

■ 2. Paragraphs (b)(8) Example 23. (ii) 

second occurrence, (b)(8) Example 23. 

(iii), and (b)(8) Example 23. (iv) are 

redesignated as paragraphs (b)(8) 

Example 23. (iii), (b)(8) Example 23. 

(iv), and (b)(8) Example 23. (v). 

■ 3. The table of paragraph (e)(4) 

Example 4. (ii) is revised. 


jlentini on DSKJ8SOYB1PROD with RULES
46346 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 

■ 4. The last sentence of paragraph (g)(2) 

Example 2. (iii) is revised. 

■ 5. The table of paragraph (k)(3) 

Example 2. (iii) is revised. 

The revisions read as follows: 

§ 1.482–9 Methods to determine taxable 

income in connection with a controlled 

services transaction. 

* * * * * 

(b) * * * 

(8) * * * 

Example 22. (i) * * * Company P’s total 

services cost for services A, B, C, and D 

charged within the group is 100. 

* * * * * 

(e) * * * 

(4) * * * 

Example 4. * * * 

(ii) * * * 

Category Rate 

Project managers ...... $100 per hour. 

Technical staff ........... $75 per hour. 

* * * * * 

(g) * * * 

(2) * * * 

Example 2. * * * 

(iii) * * * In an effort to submit a winning 

bid to secure the contract, Company B points 

to its Level 2 license and its record of 

successful completion of projects, and also 

demonstrates to Country 2 government that it 

has access to substantial technical expertise 

pertaining to processing of Level 1 waste. 

* * * * * 

(k) * * * 

(3) * * * 

Example 2. * * * 

(iii) * * * 

Company A B Total 

Allocation ................................................................................................................................................. 400/500 100/500 ....................

Amount ..................................................................................................................................................... 80 20 100 

* * * * * 

■ Par. 6. Section 1.861–8 is amended by 

revising the fourth sentence of 

paragraph (g). Example 17. (ii)(A) to 

read as follows: 

§ 1.861–8 Computation of taxable income 

from sources within the United States and 

from other sources and activities. 

* * * * * 

(g) * * * 

Example 17. * * * 

(ii) * * * 

(A) * * * For purposes of applying the 

foreign tax credit limitation, the statutory 

grouping is general category gross income 

from sources without the United States and 

the residual grouping is gross income from 

sources with in the United States. * * * 

* * * * * 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. E9–21226 Filed 9–8–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9456] 

RIN 1545–BI78, 1545–BI79, 1545–BI80 

Treatment of Services Under Section 

482; Allocation of Income and 

Deductions From Intangible Property; 

Apportionment of Stewardship 

Expense; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to final regulations. 

SUMMARY: This document contains 

corrections to final regulations (TD 

9456) that were published in the 

Federal Register on Tuesday, August 4, 

2009 (74 FR 38830) providing guidance 

regarding the treatment of controlled 

services transactions under section 482 

and the allocation of income from 

intangible property, in particular with 

respect to contributions by a controlled 

party to the value of intangible property 

owned by another controlled party. 

These final regulations modify 

regulations under section 861 

concerning stewardship expenses to be 

consistent with the changes made to the 

guidance under section 482. 

DATES: This correction is effective on 

September 9, 2009, and is applicable on 

August 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Carol B. Tan or Gregory A. Spring, (202) 

435–5265 for matters relating to section 

482, or Richard L. Chewning, (202) 622– 

3850 for matters relating to stewardship 

expenses (not toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations that are the 

subject of this document are under 

sections 482, 861, 6038, and 6662 of the 

Internal Revenue Code. 

Need for Correction 

As published, the final regulations 

(TD 9456) contain errors that may prove 

to be misleading and are in need of 

clarification. 

Correction of Publication 

Accordingly, the publication of the 

final regulations (TD 9456), which was 

the subject of FR Doc. E9–18326, is 

corrected as follows: 

1. On page 38830, column 1, in the 

title, the language ‘‘Treatment of 

Services Under Section 482; Allocation 

of Income and Deductions From 

Intangible Property; Stewardship 

Expense’’ is corrected to read 

‘‘Treatment of Services Under Section 

482; Allocation of Income and 

Deductions From Intangible Property; 

Apportionment of Stewardship 

Expense’’. 

2. On page 38830, column 3, in the 

preamble, under the paragraph heading 

‘‘Background’’, first paragraph of the 

column, third line from the bottom of 

the paragraph, the language ‘‘years after 

December 31, 2006) as the’’ is corrected 

to read ‘‘years beginning after December 

31, 2006) as the’’. 

3. On page 38832, column 1, in the 

preamble, under the paragraph heading 

‘‘e. Business Judgment Rule’’, first 

paragraph, eleventh line, the language 

‘‘one or more trades or business of the’’ 

is corrected to read ‘‘one or more trades 

or businesses of the’’. 

4. On page 38833, column 1, in the 

preamble, under the paragraph heading 

‘‘g. Shared Services Arrangements’’, 

second paragraph, fifth line, the 

language ‘‘under an SSA to the service 

provider’’ is corrected to read ‘‘under a 

SSA to the service provider’’. 

5. On page 38835, column 2, in the 

preamble, under the paragraph heading 

‘‘7. Controlled Services Transactions 

and Shareholder Activities—Treas. Reg. 

§ 1.482–9(l)’’, second paragraph of the 

column, lines 1 and 2 from the bottom 

of the paragraph, the language 

‘‘aggregate activity; rather than a 

component activity-by-activity basis.’’ is 

corrected to read ‘‘aggregate-activity 

basis; rather than a component activityby-activity basis.’’. 

6. On page 38835, column 3, in the 

preamble, under the paragraph heading 

‘‘b. Global Dealing Operations’’, last line 

of the paragraph, the language ‘‘of global 


jlentini on DSKJ8SOYB1PROD with RULES