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###### Department of the Treasury

###### Internal Revenue Service 

          - [REG-116608-97] 

# 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-116608-97, Eligibility Requirements After Denial of the Earned Income Credit (§ 1.32-3). 

# DATES:

Written comments should be received on or before August 28, 2001 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 regulation should be directed to Larnice Mack, (202) 622-3179, Internal Revenue Service, room 5244, 1111 Constitution Avenue NW., Washington, DC 20224. 

# SUPPLEMENTARY INFORMATION:

*Title:*                    Eligibility Requirements After Denial of the Earned Income Credit.                 

*OMB Number:*                     1545-1575.                 

*Regulation Project Number:*                     REG-116608-97.                 

*Abstract:*                    Under section 1.32-3, this regulation provides guidance to taxpayers who have been denied the earned income credit (EIC) as a result of the deficiency procedures and wish to claim the EIC in a subsequent year. The regulation applies to taxpayers claiming the EIC for taxable years beginning after December 31, 1997, where the EIC was denied for a taxable year beginning after December 31, 1996.                 

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

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

*Affected Public:*                     Individuals or households.                 

The burden for the reporting requirement in this regulation is reflected in the burden of Form 8862, Information to Claim Earned Income Credit After Disallowance. 

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 start-up costs and costs of operation, maintenance, and purchase of services to provide information. 

Garrick R. Shear, 

IRS Reports Clearance Officer. 

[FR Doc. 01-16406 Filed 6-28-01; 8:45 am] 

BILLING CODE 4830-01-P