3420 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations 

4 percent as is required to meet U.S. No. 

1 Institutional grade. Grapes meeting 

these quality requirements shall not be 

marked ‘‘Institutional Pack,’’ but may be 

marked ‘‘DGAC No. 1 Institutional.’’ 

(i) * * * 

(ii) Grapes of the Flame Seedless 

variety shall meet the minimum berry 

size requirement of ten-sixteenths of an 

inch (1.5875 centimeters) and shall be 

considered mature if the juice meets or 

exceeds 16.5 percent soluble solids, or 

the juice contains not less than 15 

percent soluble solids and the soluble 

solids are equal to or in excess of 20 

parts to every part acid contained in the 

juice, in accordance with applicable 

sampling and testing procedures 

specified in sections 1436.3, 1436.5, 

1436.6, 1436.7, 1436.12, and 1436.17 of 

Article 25 of Title 3: California Code of 

Regulations (CCR). 

* * * * * 

(3) All regulated varieties of grapes 

offered for importation shall be subject 

to the grape import requirements 

contained in this section effective April 

10 through July 10. 

* * * * * 

Dated: January 14, 2009. 

James E. Link, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–1139 Filed 1–16–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9435] 

RIN 1545–BH61 

Guidance Regarding the Treatment of 

Stock of a Controlled Corporation 

Under Section 355(a)(3)(B); Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendment. 

SUMMARY: This document contains 

corrections to final and temporary 

regulations (TD 9435) that were 

published in the Federal Register on 

Monday, December 15, 2008 (73 FR 

75946) providing guidance regarding the 

distribution of stock of a controlled 

corporation acquired in a transaction 

described in section 355(a)(3)(B) of the 

Internal Revenue Code. This action is 

necessary in light of amendments to 

section 355(b). These temporary 

regulations will affect corporations and 

their shareholders. The text of these 

temporary regulations also serves as the 

text of the proposed regulations set forth 

in the notice of proposed rulemaking on 

this subject in the Proposed Rules 

section in this issue of the Federal 

Register. 

DATES: Effective Date: This correction is 

effective January 21, 2009, and is 

applicable on December 15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Russell P. Subin, (202) 622–7790 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final and temporary regulations 

that are the subject of this document are 

under section 355 of the Internal 

Revenue Code. 

Need for Correction 

As published, final and temporary 

regulations (TD 9435) contains 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 is amended by revising the 

entries to read as follows: 

Authority: 26 U.S.C. 7805 * * * 

Section 1.355–2T(g) and (i) are also issued 

under 26 U.S.C. 355(b)(3)(D). * * * 

■ Par. 2. Section 1.355–1 is amended by 

revising the last two sentences of 

paragraph (a) to read as follows: 

§ 1.355–1 Distribution of stock and 

securities of a controlled corporation. 

(a) * * * This section and §§ 1.355– 

2 through 1.355–4, other than § 1.355– 

2(g) and (i) and § 1.355–2T, do not 

reflect the amendments to section 355 

made by the Revenue Act of 1987, the 

Technical and Miscellaneous Revenue 

Act of 1988, and the Tax Technical 

Corrections Act of 2007. For the 

applicability date of §§ 1.355–2T(g), 

1.355–5, 1.355–6, and 1.355–7, see 

§§ 1.355–2T(i), 1.355–5(e), 1.355–6(g), 

and 1.355–7(k), respectively. 

* * * * * 

■ Par. 3. Section 1.355–2T is amended 

by revising the last sentence of 

paragraph (i)(1) to read as follows: 

§ 1.355–2T Limitations (temporary). 

* * * * * 

(i) * * * 

(1) * * * However, except as 

provided in paragraph (i)(2) of this 

section, paragraphs (g)(1) through (g)(5) 

of this section do not apply to any 

distribution occurring after December 

15, 2008, that is pursuant to a 

transaction which is— 

* * * * * 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. E9–1120 Filed 1–16–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9435] 

RIN 1545–BH61 

Guidance Regarding the Treatment of 

Stock of a Controlled Corporation 

Under Section 355(a)(3)(B); Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to final and 

temporary regulations. 

SUMMARY: This document contains 

corrections to final and temporary 

regulations (TD 9435) that were 

published in the Federal Register on 

Monday, December 15, 2008 (73 FR 

75946) providing guidance regarding the 

distribution of stock of a controlled 

corporation acquired in a transaction 

described in section 355(a)(3)(B) of the 

Internal Revenue Code. This action is 

necessary in light of amendments to 

section 355(b). These temporary 

regulations will affect corporations and 

their shareholders. 

DATES: Effective Date: This correction is 

effective January 21, 2009, and is 

applicable on December 15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Russell P. Subin, (202) 622–7790 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final and temporary regulations 

that are the subject of this document are 

under section 355 of the Internal 

Revenue Code. 

Need for Correction 

As published, final and temporary 

regulations (TD 9435) contains errors 

that may prove to be misleading and are 

in need of clarification. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations 3421 

Correction of Publication 

■ Accordingly, the publication of the 

final and temporary regulations (TD 

9435), which was the subject of FR Doc. 

E8–29544, is corrected as follows: 

■ 1. On page 75947, column 1, in the 

preamble, under the paragraph heading 

‘‘Background’’, second paragraph of the 

column, third line from the bottom of 

the paragraph, the language ‘‘respective 

corporation is not the’’ is corrected to 

read ‘‘corporation is not the’’. 

■ 2. On page 75949, column 1, in the 

preamble, under the paragraph heading 

‘‘B. Issuances of Controlled Stock 

Outside the Dunn Trust or Predecessor 

Context’’, first paragraph, ninth line, the 

language ‘‘442, (1978–2 CB 143) 

(distributing’’ is corrected to read ‘‘442 

(1978–2 CB 143) (distributing’’. 

■ 3. On page 75949, column 2, in the 

preamble, under the paragraph heading 

‘‘C. Redemptions of Controlled Stock’’, 

second paragraph of the column, twelfth 

line, the language ‘‘distributing, and 

generally no additional’’ is corrected to 

read ‘‘distributing and generally no 

additional’’. 

■ 4. On page 75949, column 3, in the 

preamble, under the paragraph heading 

‘‘Effective/Applicability Date’’, seventh 

line, the language ‘‘occurring after 

December 15, 2008 that’’ is corrected to 

read ‘‘occurring after December 15, 

2008, that’’. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. E9–1109 Filed 1–16–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 31 

[TD 9440] 

RIN 1545–BI39 

Employer’s Annual Federal Tax Return 

and Modifications to the Deposit 

Rules; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendment. 

SUMMARY: This document contains 

corrections to final and temporary 

regulations (TD 9440) that were 

published in the Federal Register on 

Monday, December 29, 2008, relating to 

the annual filing of Federal employment 

tax returns and requirements for 

employment tax deposits. These 

temporary regulations relate to sections 

6011 and 6302 of the Internal Revenue 

Code concerning reporting and paying 

income taxes withheld from wages and 

reporting and paying taxes under the 

Federal Insurance Contributions Act 

(FICA) (collectively, ‘‘employment 

taxes’’). 

DATES: Effective Date: This correction is 

effective January 21, 2009, and is 

applicable on December 29, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Audra Dineen, (202) 622–4910 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

This document contains corrections to 

final and temporary regulations (TD 

9440) that were published in the 

Federal Register on Monday, December 

29, 2008 (73 FR 79354) relating to the 

annual filing of Federal employment tax 

returns and requirements for 

employment tax deposits. The final and 

temporary regulations that are the 

subject of this document are under 

sections 6011 and 6302 of the Internal 

Revenue Code. These temporary 

regulations generally allow certain 

employers to file a Form 944, 

‘‘Employer’s ANNUAL Federal Tax 

Return’’, rather than Form 941, 

‘‘Employer’s QUARTERLY Federal Tax 

Return’’. In addition to rules related to 

Form 944, the temporary regulations 

provide an additional method for 

employers who file Form 941 to 

determine whether the amount of 

accumulated employment taxes is 

considered de minimis. The portions of 

this document that are final regulations 

provide necessary cross-references to 

the temporary regulations. 

Need for Correction 

As published, final and temporary 

regulations (TD 9440) contain errors that 

may prove to be misleading and are in 

need of clarification. 

List of Subjects in 26 CFR Part 31 

Employment taxes, Income taxes, 

Penalties, Pensions, Railroad retirement, 

Reporting and recordkeeping 

requirements, Social security, 

Unemployment compensation. 

Correction of Publication 

■ Accordingly, 26 CFR part 31 is 

corrected by making the following 

correcting amendments: 

PART 31—EMPLOYMENT TAXES AND 

COLLECTION OF INCOME TAX AT 

SOURCE 

■ Paragraph 1. The authority citation 

for part 31 continues to read, in part, as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 31.6302–0T is 

amended by revising the entry for 

§ 31.6302–1T(d) 

Example 6. to read as follows: 

§ 31.6302–0T Table of contents 

(temporary). 

* * * * * 

§ 31.6302–1T Federal tax deposit rules for 

withheld income taxes and taxes under the 

Federal Insurance Contributions Act (FICA) 

attributable to payments made after 

December 31, 1992 (temporary). 

* * * * * 

(d) * * * 

Example 6. Extension of time to deposit for 

employers who filed Form 944 for the 

preceding year satisfied. 

* * * * * 

■ Par. 3. Section 31.6302–1T is 

amended by revising the last sentence of 

paragraph (d) 

Example 6. to read as follows: 

§ 31.6302–1T Federal tax deposit rules for 

withheld income taxes and taxes under the 

Federal Insurance Contributions Act (FICA) 

attributable to payments made after 

December 31, 1992 (temporary). 

* * * * * 

(d) * * * 

Example 6. * * * Pursuant to § 31.6302– 

1T(c)(6), F will be deemed to have timely 

deposited the employment taxes due for 

January 2007, and, thus, the IRS will not 

impose a failure-to-deposit penalty under 

section 6656 for that month. 

* * * * * 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. E9–1097 Filed 1–16–09; 8:45 am] 

BILLING CODE 4830–01–P 


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