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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)).

# DATES:

Written comments should be received on or before June 4, 2012 to be assured of consideration.

# ADDRESSES:

Direct all written comments to Yvette B. Lawrence, Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224.

Please send separate comments for each specific information collection listed below. You must reference the information collection's title, form number, reporting or record-keeping requirement number, and OMB number (if any) in your comment.

# FOR FURTHER INFORMATION CONTACT:

                        To obtain additional information, or copies of the information collection and instructions, or copies of any comments received, contact Elaine Christophe, at (202) 622-3179, or at Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet, at                         *Elaine.H.Christophe@irs.gov.*

# SUPPLEMENTARY INFORMATION:

## Request for Comments

                    The Department of the Treasury and the Internal Revenue Service, as part of their continuing effort to reduce paperwork and respondent burden, invite the general public and other Federal agencies to take this opportunity to comment on the proposed or continuing information collections listed below in this notice, as required by the Paperwork Reduction Act of 1995, (44 U.S.C. 3501*et seq.*).                

*Request for Comments:*                     Comments submitted in response to this notice will be summarized and/or included in our request for Office of Management and Budget (OMB) approval of the relevant information collection. All comments will become a matter of public record. Please do not include any confidential or inappropriate material in your comments.                

*We invite comments on:*                     (a) Whether the collection of information is necessary for the proper performance of the agency's functions, including whether the information has 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 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 the requested information.                

## Information Collections Open for Comment

Currently, the IRS is seeking comments concerning the following forms, and reporting and record-keeping requirements:

*Title:*                     Clear Reflection of Income in the Case of Hedging Transactions.                

*OMB Number:*                     1545-1412.                 

*Regulation Project Number:*                     FI-54-93 (TD 8554).                

*Abstract:*                     This regulation provides guidance to taxpayers regarding when gain or loss from common business hedging transactions is recognized for tax purposes and requires that the books and records maintained by a taxpayer disclose the method or methods used to account for different types of hedging transactions.                

*Current Actions:*                     There is no change 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:*                     110,000.                

*Estimated Time per Respondent:*                     12 minutes.                

*Estimated Total Annual Burden Hours:*                     22,000.                

*Title:*                     Allocations of Income and Deductions Among Taxpayers.                

*OMB Number:*                     1545-1503.                 

*Revenue Procedure Number:*                     Revenue Procedures 2006-09, and 2008-31.                

*Abstract:*                     The information requested in these revenue procedures is required to enable the Internal Revenue Service to give advice on filing Advance Pricing Agreement applications to process such applications and negotiate agreements, and to verify compliance with the agreements and whether the agreements require modification.                          ( print page 20695)    

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

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

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

*Estimated Number of Respondents:*                     160.                

*Estimated Time per Respondent:*                     32 hours., 49 minutes.                

*Estimated Total Annual Burden Hours:*                     5,250.                

*Title:*                     Tip Rate Determination Agreement (Gaming Industry).                

*OMB Number:*                     1545-1530.                 

*Abstract:*                     Information is required by the Internal Revenue Service in its compliance efforts to assist employers and their employees in understanding and complying with Internal Revenue Code Section 6053(a), which requires employees to report all their tips monthly to their employers.                

*Current Actions:*                     There is no change to this existing information collection.                

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

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

*Estimated Number of Respondents:*                     500.                

*Estimated Time per Respondent:*                     10 hours.                

*Estimated Total Annual Burden Hours:*                     5,000.                

*Title:*                     Reporting Requirements for Widely Held Fixed Investment Trusts.                

*OMB Number:*                     1545-1540.                 

*Regulation Project Number:*                     REG-125071-06 (TD 9308)                

*Abstract:*                     Under regulation section 1.671-5, the trustee or the middleman who holds an interest in a widely held fixed investment trust for an investor will be required to provide a Form 1099 to the IRS and a tax information statement to the investor. The trust is also required to provide more detailed tax information to middlemen and certain other persons, upon request.                

*Current Actions:*                     There is no change 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:*                     1,200.                

*Estimated Time per Respondent:*                     2 hours.                

*Estimated Total Annual Burden Hours:*                     2,400.                

*Title:*                     Qualified Transportation Fringe Benefits.                

*OMB Number:*                     1545-1676.                 

*Regulation Project Number:*                     REG-113572-99.                

*Abstract:*                     These regulations provide guidance to employers that provide qualified transportation fringe benefits under section 132(f), including guidance to employers that provide cash reimbursement for qualified transportation fringes and employers that offer qualified transportation fringes in lieu of compensation. Employers that provide cash reimbursement are required to keep records of documentation received from employees who receive reimbursement. Employers that offer qualified transportation fringes in lieu of compensation are required to keep records of employee compensation reduction elections.                

*Current Actions:*                     There is no change to this existing regulation.                

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

*Affected Public:*                     Business or other for-profit organizations, individual or households, and not-for-profit institutions.                

*Estimated Total Annual Responses:*                     48,589,824.                

*Estimated Total Annual Burden:*                     12,968,728 hours.                

*Title:*                     Asset Allocation Statement Under Section 338.                

*OMB Number:*                     1545-1806.                

*Form Number:*                     8883.                

*Abstract:*                     Form 8883 is used to report information regarding transactions involving the deemed sale of corporate assets under section 338.                

*Current Actions:*                     There is no change to this existing form.                

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

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

*Estimated Number of Respondents:*                     201.                

*Estimated Time per Respondent:*                     24 hours, 17 minutes.                

*Estimated Total Annual Burden Hours:*                     4,881.                

*Title:*                     Section 9100 Relief for 338 Elections.                

*OMB Number:*                     1545-1820.                 

*Revenue Procedure Number:*                     Revenue Procedure 2003-33.                

*Abstract:*                     Revenue Procedure 2003-33 provides qualifying taxpayers with an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election described in § 338(a) or § 338(h)(10) of the Internal Revenue Code to treat the purchase of the stock of a corporation as an asset acquisition.                

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

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

*Affected Public:*                     Business or other for-profit organizations, and individuals or households.                

*Estimated Number of Respondents:*                     60.                

*Estimated Average Time per Respondent:*                     5 hours.                

*Estimated Total Annual Reporting Burden:*                     300.                

*Title:*                     Information Returns by Donees Relating to Qualified Intellectual Property Contributions.                

*OMB Number:*                     1545-1932.                 

*Regulation Project Number:*                     REG-158138-04 (TD 9392).                

*Abstract:*                     These final regulations provide guidance for filing information returns by donees relating to qualified intellectual property contributions. The regulations affect donees receiving qualified intellectual property contributions after June 3, 2004.                

*Current Actions:*                     There is no change to this existing regulation.                

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

*Affected Public:*                     Business or other for-profit organizations, and individuals or households.                

*Estimated Number of Respondents:*                     10.                

*Estimated Time per Respondent:*                     12 minutes.                

*Estimated Total Annual Burden Hours:*                     2.                

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.

Approved: March 27, 2012.

Yvette B. Lawrence,

IRS Reports Clearance Officer.

[FR Doc. 2012-8145 Filed 4-4-12; 8:45 am]

BILLING CODE 4830-01-P