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###### Department of the Treasury

###### Internal Revenue Service 

# 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 Form 4972, Tax on Lump-Sum Distributions (From Qualified Retirement Plans of Plan Participants Born Before 1936). 

# DATES:

Written comments should be received on or before July 7, 2000 to be assured of consideration. 

# ADDRESSES:

Direct all written comments to Garrick R. Shear, Internal Revenue Service, room 5244, 1111 Constitution Avenue NW., Washington, DC 20224. 

# FOR FURTHER INFORMATION CONTACT:

Requests for additional information or copies of the form and instructions should be directed to Carol Savage, (202) 622-3945, Internal Revenue Service, room 5242, 1111 Constitution Avenue NW., Washington, DC 20224. 

# SUPPLEMENTARY INFORMATION:

*Title:*                     Tax on Lump-Sum Distributions (From Qualified Retirement Plans of Plan Participants Born Before 1936).                 

*OMB Number:*                     1545-0193.                 

*Form Number:*                     4972.                 

*Abstract:*Internal Revenue Code section 402(e) and regulation section 1.402(e) allow recipients of lump-sum distributions from a qualified retirement plan to figure the tax separately on the distributions. The tax can be computed on the 10 year averaging method and/or by a special capital gain method. Form 4972 is used to compute the separate tax and to make a special 20 percent capital gain election on lump-sum distributions attributable to pre-1974 participation.                 

*Current Actions:*                     The Small Business Job Protection Act of 1996 repealed the 5-year averaging method for lump-sum distributions from qualified plans, effective for taxable years beginning after December 31, 1999. Thus, the Act repeals the separate tax paid on a lump-sum distribution and also repeals the deduction from gross income for taxpayers who elect to pay the separate tax on a lump-sum distribution. Therefore, lines 23-29 and line 37 in Part III of Form 4972 were deleted.                 

*Type of Review:*                     Revision of a currently approved collection.                 

*Affected Public:*                     Individuals or households.                 

*Estimated Number of Responses:*                     35,000.                 

*Estimated Time Per Respondent:*                     2 hours, 44 minutes.                 

*Estimated Total Annual Burden Hours:*                     95,550.                 

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                           ( print page 26661)                        or start-up costs and costs of operation, maintenance, and purchase of services to provide information.                 

Garrick R. Shear, 

IRS Reports Clearance Officer. 

[FR Doc. 00-11472 Filed 5-5-00; 8:45 am] 

BILLING CODE 4830-01-P