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###### Department of the Treasury

###### Internal Revenue Service

          - [EE-63-88; IA-140-86; REG-209785-95]

# 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 existing regulations, EE-63-88 (Final and temporary regulations) Taxation of Fringe Benefits and Exclusions From Gross Income for Certain Fringe Benefits;                         *IA-140-86*                         (Temporary) Fringe Benefits; Listed Property; and                         *REG-209785-95*                         (Final) Substantiation of Business Expenses (1.61-2, 1.132-5, and 1.274-5).                    

# DATES:

Written comments should be received on or before July 17, 2009 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 regulation should be directed to Carolyn N. Brown, (202) 622-6688, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the Internet at                         *Carolyn.N.Brown@irs.gov.*

# SUPPLEMENTARY INFORMATION:

*Title:**EE-63-88*                     (Final and temporary regulations) Taxation of Fringe Benefits and Exclusions From Gross Income for Certain Fringe Benefits;                     *IA-140-86*                     (Temporary) Fringe Benefits; Listed Property; and                     *REG-209785-95*                     (Final) Substantiation of Business Expenses.                

*OMB Number:*                     1545-0771.                 

*Regulation Project Number:*                     EE-63-88; IA-140-86; and REG-209785-95.                

*Abstract: EE-63-88*                    —This regulation provides guidance on the tax treatment of taxable and nontaxable fringe benefits and general and specific rules for the valuation of taxable fringe benefits in accordance with Code sections 61 and 132. The regulation also provides guidance on exclusions from gross income for certain fringe benefits.                     *IA-140-86*                    —This regulation provides guidance relating to the requirement that any deduction or credit with respect to business travel, entertainment, and gift expenses be substantiated with adequate records in accordance with Code section 274(d). The regulation also provides guidance on the taxation of fringe benefits and clarifies the types of records that are generally necessary to substantiate any deduction or credit for listed property.                     *REG-209785-95*                    —This regulation provides that taxpayers who deduct, or reimburse employees for, business expenses for travel, entertainment, gifts, or listed property are required to maintain certain records, including receipts, for expenses of $75 or more.                

*Current Actions:*                     There are no changes to these existing regulations.                

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

*Affected Public:*                     Individuals or households, business or other for-profit organizations, not-for-profits institutions, farms and Federal, State, local or tribal governments.                

*Estimated Number of Respondents:*                     28,582,150.                

*Estimated Time per Respondent:*                     1 hr., 20 min.                

*Estimated Total Annual Burden Hours:*                     37,922,688.                

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                           ( print page 23245)                        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.                

Approved: May 7, 2009.

R. Joseph Durbala,

IRS Reports Clearance Officer.

[FR Doc. E9-11448 Filed 5-15-09; 8:45 am]

BILLING CODE 4830-01-P