23244 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 

copies of the form and instructions 

should be directed to Carolyn N. Brown, 

at (202) 622–6688, or at 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: Election To Postpone 

Determination as To Whether the 

Presumption Applies That an Activity Is 

Engaged in for Profit. 

OMB Number: 1545–0195. 

Form Number: 5213. 

Abstract: Section 183 of the Internal 

Revenue Code allows taxpayers to elect 

to postpone a determination as to 

whether an activity is entered into for 

profit or is in the nature of a 

nondeductible hobby. The election is 

made on Form 5213 and allows 

taxpayers 5 years (7 years for breeding, 

training, showing, or racing horses) to 

show a profit from an activity. 

Current Actions: There are no changes 

being made to the form at this time. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Business or other forprofit organizations and individuals. 

Estimated Number of Respondents: 

3,541. 

Estimated Time Per Respondent: 47 

minutes. 

Estimated Total Annual Burden 

Hours: 2,762. 

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. 

Approved: May 1, 2009. 

R. Joseph Durbala, 

IRS Reports Clearance Officer. 

[FR Doc. E9–11454 Filed 5–15–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

[EE–63–88; IA–140–86; REG–209785–95] 

Proposed Collection; Comment 

Request for Regulation Project 

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 


cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 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 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Notice 2009–41 

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 Notice 

2009–41, Credit for Residential Energy 

Efficient Property. 

DATES: Written comments should be 

received on or before July 17, 2009 to be 

assured of consideration. 

ADDRESSES: Direct all written comments 

to Glenn P. Kirkland, Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form and instructions 

should be directed to R. Joseph Durbala, 

(202) 622–3634, at Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224, 

or through the Internet at 

RJoseph.Durbala@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Credit for Residential Energy 

Efficient Property. 

OMB Number: 1545–2134. 

Form Number: Notice 2009–41. 

Abstract: This notice sets forth 

interim guidance, pending the issuance 

of regulations, relating to the credit for 

residential energy efficient property 

under 25D of the Internal Revenue 

Code. Specifically, this notice provides 

procedures that manufacturers may 

follow to certify property as a qualified 

residential energy efficient property, as 

well as guidance regarding the 

conditions under which taxpayers 

seeking to claim the 25D credit may rely 

on a manufacturer’s certification. The 

Internal Revenue Service (Service) and 

the Treasury Department expect that the 

regulations will incorporate the rules set 

forth in this notice. 

Current Actions: There is no change 

in the paperwork burden previously 

approved by OMB. This form is being 

submitted for renewal purposes only. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Individuals, 

Businesses and other for-profit 

organizations. 

Estimated Number of Respondents: 

140. 

Estimated Time Per Respondent: 2 

Hours, 30 minutes. 

Estimated Total Annual Burden 

Hours: 350. 

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. 

Approved: April 27, 2009. 

R. Joseph Durbala, 

IRS Reports Clearance Officer. 

[FR Doc. E9–11446 Filed 5–15–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Notice 2006–47 

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 Notice 

2006–47, Elections Created of Effected 

by the American Jobs Creation Act of 

2004. 

DATES: Written comments should be 

received on or before July 17, 2009 to be 

assured of consideration. 

ADDRESSES: Direct all written comments 

to Glenn P. Kirkland, Internal Revenue 

Service, room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of notice should be directed to R. 

Joseph Durbala, at (202) 622–3634, or at 

Internal Revenue Service, room 6129, 

1111 Constitution Avenue, NW., 

Washington, DC 20224, or through the 

Internet, at RJoseph.Durbala@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Elections Created or Effected by 

the American Jobs Creation Act of 2004. 

OMB Number: 1545–1986. 

Notice Number: Notice 2006–47. 

Abstract: The American Jobs Creation 

Act of 2004, Public Law No. 108–357, 

118 Stat. 1418 (the Act), created various 

elections and permits taxpayers to 


cprice-sewell on PRODPC61 with NOTICES