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###### Department of the Treasury

###### Internal Revenue Service 

          - [REG-251701-96] 

# 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, REG-251701-96 (TD 8894), Electing Small Business Trusts. 

# DATES:

                        Written comments should be received on or before                         *July 7, 2008*                         to be assured of consideration.                     

# ADDRESSES:

Direct all written comments to R. Joseph 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 regulation should be directed to Allan Hopkins at Internal Revenue Service, Room 6129, 1111 Constitution Avenue,  NW., Washington, DC 20224, or at (202)622-6665, or through the Internet at                         *Allan.M.Hopkins@irs.gov*.                     

# SUPPLEMENTARY INFORMATION:

*Title:*                     Electing Small Business Trusts.                 

*OMB Number:*                     1545-1591.                 

*Regulation Project Number:*                     REG-251701-96.                 

*Abstract:*                     This regulation provide the rules for an electing small business trust (ESBT), which is a permitted shareholder of an  S corporation. With respect to the collections of information, the regulations provide the rules for making an ESBT election, and the rules for converting from a qualified                           ( print page 26189)                        subchapter S trust (QSST) to an ESBT and the conversion of an ESBT to a QSST. The regulations allow certain S corporations to reinstate their previous taxable year that was terminated under § 1.444-2T by filing Form 8716.                 

*Current Actions:*                     There are no changes being made to this existing regulation.                 

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

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

*Estimated Number of Respondents:*                     7,500.                 

*Estimated Time per Respondent:*                     1 hour.                 

*Estimated Total Annual Burden Hours:*                     7,500.                 

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 startup costs and costs of operation, maintenance, and purchase of services to provide information.                 

Approved: April 23, 2008. 

R. Joseph Durbala, 

IRS Reports Clearance Officer.

[FR Doc. E8-10189 Filed 5-7-08; 8:45 am] 

BILLING CODE 4830-01-P