37306 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

DATES: Written comments should be 

received on or before August 27, 2009 

to be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–1545. 

Type of Review: Extension. 

Title: REG–107644–97 (Final) 

Permitted Elimination of Preretirement 

Optional Forms of Benefit (TD 8769). 

Description: The regulation permits 

an amendment to a qualified plan that 

eliminates certain preretirement 

optional forms of benefit. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 48,800 

hours. 

Clearance Officer: R. Joseph Durbala, 

(202) 622–3634, Internal Revenue 

Service, Room 6516, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

OMB Reviewer: Shagufta Ahmed, 

(202) 395–7873, Office of Management 

and Budget, Room 10235, New 

Executive Office Building, Washington, 

DC 20503. 

Celina Elphage, 

Treasury PRA Clearance Officer. 

[FR Doc. E9–17915 Filed 7–27–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

July 21, 2009. 

The Department of Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. Copies of 

the submission(s) may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding this 

information collection should be 

addressed to the OMB reviewer listed 

and to the Treasury Department 

Clearance Officer, Department of the 

Treasury, Room 11000, and 1750 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

DATES: Written comments should be 

received on or before August 27, 2009 

to be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–0432. 

Type of Review: Extension. 

Form: 5495. 

Title: Request for Discharge from 

Personal Liability under Internal 

Revenue Code Section 2204 or 6905. 

Description: Form 5495 provides 

guidance under sections 2204 and 6905 

for executors of estates and fiduciaries 

of decedent’s trusts. The form, filed after 

regular filing of an Estate, Gift, or 

Income tax return for a decedent, is 

used by the executor or fiduciary to 

request discharge from personal liability 

for any deficiency for the tax and 

periods shown on the form. 

Respondents: Individuals or 

Households. 

Estimated Total Burden Hours: 

306,500 hours. 

OMB Number: 1545–1841. 

Type of Review: Extension. 

Title: REG–157302–02 (Final), TD 

9142 Deemed IRAs in Qualified 

Retirement Plans. 

Description: Section 408(q), added to 

the Internal Revenue Code by section 

602 of the Economic Growth and Tax 

Relief Reconciliation Act of 2001, 

provides that separate accounts and 

annuities may be added to qualified 

employer plans and deemed to be 

individual retirement accounts and 

individual retirement annuities if 

certain requirements are met. Section 

1.408(q)–1(f)(2) provides that these 

deemed IRAs must be held in a trust or 

annuity contract separate from the trust 

or annuity contract of the qualified 

employer plan. This collection of 

information is required to ensure that 

the separate requirements of qualified 

employer plans are met. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 40,000 

hours. 

OMB Number: 1545–1828. 

Type of Review: Extension. 

Title: REG–131478–02 (Final) 

Guidance under Section 1502; 

Suspension of Losses on Certain Stock 

Disposition. 

Description: The information in Sec. 

1.1502–35T(c) is necessary to ensure 

that a consolidated group does not 

obtain more than one tax benefit from 

both the utilization of a loss from the 

disposition of stock and the utilization 

of a loss or deduction with respect to 

another asset that reflects the same 

economic loss; to allow the taxpayer to 

make an election under Sec. 1.1502– 

35T(c)(5) that would benefit the 

taxpayer, the election in Sec. 1.1502– 

35T(f) provides taxpayers the choice in 

the case of a worthless subsidiary to 

utilize a worthless stock deduction or 

absorb the subsidiary’s losses; and Sec. 

1.1502–35T(g)(3) applies to ensure that 

taxpayers do not circumvent the loss 

suspension rule of § 1.1502–35T(c) by 

deconsolidating a subsidiary and then 

re-importing to the group losses of such 

subsidiary. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 15,000 

hours. 

OMB Number: 1545–1969. 

Type of Review: Extension. 

Form: 13751. 

Title: Waiver of Right to Consistent 

Agreement of Partnership Items and 

Partnership-Level Determinations as to 

Penalties, Additions to Tax, and 

Additional Amounts. 

Description: The information 

requested on Form 13751 (as required 

under Announcement 2005–80) will be 

used to determine the eligibility for 

participation in the settlement initiative 

of taxpayers related through TEFRA 

partnerships to ineligible applicants. 

Such determinations will involve 

partnership items and partnership-level 

determinations, as well as the 

calculation of tax liabilities resolved 

under this initiative, including penalties 

and interest. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 100 

hours. 

OMB Number: 1545–1986. 

Type of Review: Extension. 

Title: Notice 2006–XX Elections 

Created or Effected by the American 

Jobs Creation Act of 2004. 

Description: The collection of 

information will enable the Internal 

Revenue Service to ensure that the 

eligibility requirements for the various 

elections or revocations have been 

satisfied and the requisite sections have 

been complied with. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 

3,034,765 hours. 

OMB Number: 1545–1988. 

Type of Review: Extension. 

Title: Credit for New Qualified 

Alternative Motor Vehicles (Advanced 

Lean Burn Technology Motor Vehicles 

and Qualified Hybrid Motor Vehicles). 

Description: This notice sets forth a 

process that allows taxpayers who 

purchase passenger automobiles or light 

trucks to rely on the domestic 

manufacturer’s (or, in the case of a 

foreign manufacturer, its domestic 

distributor’s) certification that both a 

particular make, model and year of 

vehicle qualifies as an advanced lean 

burn technology motor vehicle under 

Section 30B(a) (2) and (c) of the Internal 

Revenue Code or a qualified hybrid 

motor vehicle under Section 30B(a)(3) 

and (d), and the amount of the credit 

allowable with respect to the vehicle. 

Respondents: Individuals or 

Households. 

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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 37307 

Estimated Total Burden Hours: 280 

hours. 

OMB Number: 1545–1991. 

Type of Review: Revision. 

Form: 8804–W. 

Title: Installment Payments of Section 

1446 Tax for Partnerships. 

Description: Regulations for section 

1446 require a worksheet for installment 

payments of section 1446 tax. 

Partnerships generally must make 

installment payments of estimated 

section 1446 tax if they expect the 

aggregate tax on the effectively 

connected taxable income (ECTI) that is 

allocable to all foreign partners to be 

$500 or more. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 31,600 

hours. 

OMB Number: 1545–1996. 

Type of Review: Extension. 

Title: Notice 2006–05, Waiver for 

Reasonable Cause for Failure to Report 

Loan Origination Fees and Capitalized 

Interest. 

Description: This Notice provides 

information to payees who receive 

payment of interest on qualified 

education loans who are unable to 

comply with the information reporting 

requirements under section 6050S of the 

Internal Revenue Code. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 5,000 

hours. 

OMB Number: 1545–2134. 

Type of Review: Extension. 

Title: Notice 2009–41—Credit for 

Residential energy efficient property. 

Description: This notice provides 

guidance about the procedures by which 

a manufacturer can certify that 

residential energy efficient property 

qualifies for the § 25D credit. This 

notice is intended to provide (1) 

guidance concerning the methods by 

which manufacturers can provide such 

certifications to taxpayers, and (2) 

guidance concerning the methods by 

which taxpayers can claim such credits. 

Respondents: Individuals or 

Households. 

Estimated Total Burden Hours: 350 

hours. 

OMB Number: 1545–1990. 

Type of Review: Extension. 

Title: Application of section 338 to 

Insurance Companies (TD 9377, final). 

Description: Final regulations under 

section 197 of the Internal Revenue 

Code (Code) that apply to a section 197 

intangible resulting from an assumption 

reinsurance transaction, and under 

section 338 that apply to reserve 

increases after a deemed asset sale. The 

final regulations also provide guidance 

with respect to existing section 846(e) 

elections to use historical loss payment 

patterns. The final regulations apply to 

insurance companies. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 12 

hours. 

Clearance Officer: R. Joseph Durbala, 

(202) 622–3634, Internal Revenue 

Service, Room 6516, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

OMB Reviewer: Shagufta Ahmed, 

(202) 395–7873, Office of Management 

and Budget, Room 10235, New 

Executive Office Building, Washington, 

DC 20503. 

Celina Elphage, 

Treasury PRA Clearance Officer. 

[FR Doc. E9–17914 Filed 7–27–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Report on Section 529 College Savings 

Plans 

AGENCY: Departmental Offices, Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury invites the general public to 

submit information pertinent to a report 

it will issue on Section 529 college 

savings plans. Such information could 

include data, research studies, opinions 

citing hard data, or references thereof. 

The report is an initiative of the Middle 

Class Task Force chaired by Vice 

President Joe Biden and was announced 

in an April 17th press release that can 

be found at http://www.whitehouse.gov/ 

the_press_office/Middle-Class-TaskForce-Holds-Meeting-on-CollegeAffordability/. The report will examine 

how people save using 529 plans and 

whether they are taking appropriate 

steps to manage risk. In addition, the 

report will identify options and best 

practices for making the 529 plans more 

effective. 

DATES: Written comments must be 

received on or before August 14, 2009, 

to be assured of consideration. 

Submission of Comments: Please 

submit comments electronically through 

the Federal eRulemaking Portal— 

‘‘Regulations.gov.’’ Go to http:// 

regulations.gov, select ‘‘Department of 

the Treasury’’ from the agency menu to 

submit or view public comments. The 

‘‘How to Use This Site’’ and ‘‘User Tips’’ 

links on the Regulations.gov home page 

provide information on using 

Regulations.gov, including instructions 

for submitting or viewing public 

comments, viewing other supporting 

and related materials, and viewing the 

docket after the close of the comment 

period. 

Please include your name, affiliation, 

address, e-mail address, and telephone 

number(s) in your comment. All 

statements received, including 

attachments and other supporting 

materials, are part of the public record 

and subject to public disclosure. You 

should submit only information that 

you wish to make available publicly. 

FOR FURTHER INFORMATION CONTACT: 

529ReportInput@do.treas.gov. 

SUPPLEMENTARY INFORMATION: The 

Treasury Department is particularly 

interested in data, research studies, 

opinions citing hard data, or references 

thereof, relating to the specific questions 

set forth below. 

1. To what extent are Section 529 

savings plan investment options 

prudent and to what extent do they 

accommodate reasonable attitudes 

toward risk? 

2. To what extent are Section 529 

savings plans invested wisely? 

a. Is there a tendency for accounts to 

be too heavily invested in equities? 

b. To what extent do account owners 

sell equities when prices are falling and 

buy equities when prices are rising? 

c. Should plans take steps to better 

assist account owners in making 

prudent investment choices? If so, what 

steps would be appropriate? 

3. To what extent are Section 529 

savings plan account fees reasonable? 

a. How do fees compare with similar 

retail mutual funds, and what factors 

might explain any differences? 

b. How much variance is there in fees 

across plans for a similar investment 

option, and what factors might explain 

any such variance? 

4. To what extent do low- and middleincome families benefit from Section 

529 savings plans and Section 529 

prepaid tuition plans? 

a. How do the financial incentives for 

participation vary with family income? 

b. How does financial aid eligibility 

affect the financial incentives for 

participation? 

c. How are contributions, account 

balances, and tax benefits distributed 

across income groups? 

d. Controlling for initial family 

attitudes toward education, does having 

a Section 529 savings account increase 

the beneficiary’s likelihood of attending 

college? 

e. Are state matching grants an 

effective means of encouraging Section 

529 contributions from low- and 

moderate-income families? 

f. Are tax subsidies for saving the 

most cost effective way to make college 

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