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Federal Register / Vol. 72, No.

145 / Monday, July 30, 2007 / Rules and Regulations 41441

Adoption of the Amendment Exceptions to Compliance Times DEPARTMENT OF THE TREASURY


■ Accordingly, under the authority (g) Where Tables 1, 2, and 3 of paragraph
1.E. of Boeing Alert Service Bulletin 747– Internal Revenue Service
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as 56A2012, dated August 24, 2006, specify
counting the compliance time from ‘‘. . . after 26 CFR Part 1
follows:
the date on this service bulletin,’’ this AD [TD 9336]
PART 39—AIRWORTHINESS requires counting the compliance time from
the effective date of this AD. After replacing RIN 1545–BF82
DIRECTIVES
a discrepant window with a new window, do
■ 1. The authority citation for part 39 the initial detailed inspection of the new
Return Required by Subchapter T
continues to read as follows: window at the applicable compliance time:
Cooperatives Under Section 6012
Authority: 49 U.S.C. 106(g), 40113, 44701. (1) within 5,500 flight cycles after installing AGENCY: Internal Revenue Service (IRS),
part number (P/N) 65B27042–( ) or Treasury.
§ 39.13 [Amended] 65B27043–( ), or (2) within 22,000 flight ACTION: Final regulations.
■ 2. The Federal Aviation cycles after installing P/N 65B27046–( ) or
Administration (FAA) amends § 39.13 65B27047–( ). SUMMARY: This document contains final
by adding the following new regulations that prescribe the form that
Alternative Methods of Compliance
airworthiness directive (AD): cooperatives must use to file their
(AMOCs)
2007–15–10 Boeing: Amendment 39–15139. income tax returns. The regulations
Docket No. FAA–2006–26441; (h)(1) The Manager, Seattle Aircraft affect all cooperatives that are currently
Directorate Identifier 2006–NM–204–AD. Certification Office, FAA, has the authority to required to file an income tax return on
approve AMOCs for this AD, if requested in either Form 1120, ‘‘U.S. Corporation
Effective Date
accordance with the procedures found in 14
(a) This AD becomes effective September 4, Income Tax Return,’’ or Form 990–C,
CFR 39.19.
2007. ‘‘Farmers’ Cooperative Association
(2) To request a different method of
Income Tax Return.’’ The new form will
Affected ADs compliance or a different compliance time
help the IRS to properly identify
(b) None. for this AD, follow the procedures in 14 CFR
cooperatives and differentiate between
39.19. Before using any approved AMOC on
Applicability cooperatives that must file returns
any airplane to which the AMOC applies,
(c) This AD applies to all Boeing Model notify your appropriate principal inspector
within 21⁄2 months of the end of the
747–100, 747–100B, 747–100B SUD, 747– (PI) in the FAA Flight Standards District
taxable year and those that must file
200B, 747–200C, 747–200F, 747–300, 747– Office (FSDO), or lacking a PI, your local
within 81⁄2 months of the end of the
400, 747–400D, 747–400F, 747SR, and 747SP FSDO. taxable year.
series airplanes, certificated in any category. DATES: Effective date: July 30, 2007.
Material Incorporated by Reference Applicability date: These regulations
Unsafe Condition
(d) This AD results from loss of a No. 3 (i) You must use Boeing Alert Service apply to returns for taxable years ending
window in-flight. We are issuing this AD to Bulletin 747–56A2012, dated August 24, on or after December 31, 2007. In
detect and correct cracking in the fail-safe 2006, to perform the actions that are required addition, taxpayers may rely on the
interlayer of certain No. 2 and No. 3 glass by this AD, unless the AD specifies regulations in filing returns for taxable
windows, which could result in loss of the otherwise. The Director of the Federal years ending on or after December 31,
window and consequent rapid loss of cabin Register approved the incorporation by 2006, and before December 31, 2007.
pressure. Loss of the window could also reference of this document in accordance FOR FURTHER INFORMATION CONTACT:
result in crew communication difficulties or with 5 U.S.C. 552(a) and 1 CFR part 51.
incapacitation of the crew. Matthew P. Howard, (202) 622–4910
Contact Boeing Commercial Airplanes, P.O. (not a toll-free number).
Compliance Box 3707, Seattle, Washington 98124–2207,
SUPPLEMENTARY INFORMATION:
(e) You are responsible for having the for a copy of this service information. You
actions required by this AD performed within may review copies at the FAA, Transport Background
the compliance times specified, unless the Airplane Directorate, 1601 Lind Avenue SW., Under existing regulations, all
actions have already been done. Renton, Washington; or at the National
cooperatives to which subchapter T
Archives and Records Administration
Inspection, Related Investigative Actions, applies (Subchapter T cooperatives) are
and Corrective Action (NARA). For information on the availability
required to make income tax returns.
of this material at NARA, call 202–741–6030,
(f) Inspect the No. 2 and No. 3 windows Except in the case of farmers’
or go to: http://www.archives.gov/federal-
on the left and right sides of the airplane to cooperatives, the regulations require
determine their part numbers, and do all the register/cfr/ibr-locations.html.
that the return be made on Form 1120.
applicable related investigative and Issued in Renton, Washington, on July 18, In the case of farmers’ cooperatives, the
corrective actions, by accomplishing all of 2007. regulations require that the return be
the actions specified in the Accomplishment
Instructions of Boeing Alert Service Bulletin Stephen P. Boyd, made on Form 990–C.
747–56A2012, dated August 24, 2006, as Acting Manager, Transport Airplane Most taxpayers required to make an
applicable. Do all of these actions at the Directorate, Aircraft Certification Service. income tax return on Form 1120 must
compliance times specified in Tables 1, 2, [FR Doc. E7–14426 Filed 7–27–07; 8:45 am] file their return on or before the 15th
and 3 of paragraph 1.E. of the service day of the third month following the
BILLING CODE 4910–13–P
bulletin, as applicable, except as provided by close of the taxpayer’s taxable year (21⁄2
paragraph (g) of this AD. A review of airplane month deadline). Some Subchapter T
maintenance records is acceptable in lieu of cooperatives that make their returns on
the inspection if the part numbers of the
Form 1120 are required to file by the 21⁄2
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windows can be conclusively determined


from that review. Repeat the related month deadline, but others are not
investigative and corrective actions thereafter required to file their returns until the
at the interval specified in Table 2 or 3 of the 15th day of the ninth month following
service bulletin, as applicable. the close of the taxpayer’s taxable year

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41442 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Rules and Regulations

(81⁄2 month deadline). Because the Form end of 2006, the final regulations delay organization described in section 1381
1120 does not distinguish between the proposed effective date. The final (including a farmers’ cooperative
Subchapter T cooperatives that must file regulations apply beginning with the exempt from tax under section 521) is
by the 21⁄2 month deadline and those first taxable year ending on or after required to make a return, whether or
that must file by the 81⁄2 month December 31, 2007. Cooperatives may not it has taxable income and regardless
deadline, the IRS has difficulty rely on the regulations as proposed, of the amount of its gross income, on
determining which filing deadline however, and file returns on Form Form 1120–C, ‘‘U.S. Income Tax Return
applies and deciding whether to assert 1120–C for taxable years ending on or for Cooperative Associations,’’ or such
delinquency and failure to pay penalties after December 31, 2006, and before other form as may be designated by the
in the case of returns filed after the 21⁄2 December 31, 2007. Commissioner.
month deadline. (2) Farmers’ cooperatives. For taxable
Effect on Other Documents
The Proposed Regulations years ending before December 31, 2007,
The following publications are a farmers’ cooperative organization
On July 29, 2005, a notice of proposed removed as of July 30, 2007: described in section 521(b)(1) (including
rulemaking was published in the Announcement 84–26, 1984–11 IRB 42. a farmers’ cooperative that is not exempt
Federal Register (REG–149436–04, 70 Announcement 84–37, 1984–17 IRB 32. from tax under section 521) is required
FR 43811). The proposed regulations in to make a return on Form 990–C,
this notice of proposed rulemaking Special Analyses
‘‘Farmers’ Cooperative Association
would require all Subchapter T It has been determined that this Income Tax Return.’’
cooperatives to make their income tax Treasury decision is not a significant (3) Effective/applicability date. This
returns on Form 1120-C, ‘‘U.S. Income regulatory action as defined in paragraph (f) is applicable on or after
Tax Return for Cooperative Executive Order 12866. Therefore, a July 30, 2007.
Associations,’’ or such other form as regulatory assessment is not required. It
may be designated by the * * * * *
also has been determined that section
Commissioner. 553(b) of the Administrative Procedure Kevin M. Brown,
One telephone comment was received Act (5 U.S.C. chapter 5) does not apply Deputy Commissioner of Services and
in response to the notice of proposed to these regulations, and because the Enforcement.
rulemaking. The comment suggested regulation does not impose a collection Approved: June 27, 2007.
that the new form might have a negative of information on small entities, the Eric Solomon,
effect on consolidated filing. No public Regulatory Flexibility Act (5 U.S.C. Assistant Secretary of the Treasury (Tax
hearing was requested or held. chapter 6) does not apply. Pursuant to Policy).
Explanation of Provisions section 7805(f) of the Code, the notice [FR Doc. E7–13489 Filed 7–27–07; 8:45 am]
of proposed rulemaking preceding this BILLING CODE 4830–01–P
After consideration of the comment, regulation was submitted to the Chief
the proposed regulations are adopted as Counsel for Advocacy of the Small
revised by this Treasury decision. The Business Administration for comment
final regulations retain the requirement DEPARTMENT OF THE TREASURY
on its impact on small businesses.
that Subchapter T cooperatives file their Internal Revenue Service
returns on Form 1120–C. The Drafting Information
information that Subchapter T The principal author of these 26 CFR Part 1
cooperatives will be required to provide regulations is Matthew P. Howard,
on new Form 1120–C will assist Office of Assistant Chief Counsel [TD 9345]
taxpayers and the IRS in determining (Procedure & Administration). RIN 1545–BA93
the appropriate filing deadline. Having
that information will reduce the burden List of Subjects in 26 CFR Part 1
Section 1248 Attribution Principles
on taxpayers and will help the IRS Income taxes, Reporting and
avoid asserting penalties in recordkeeping requirements. AGENCY: Internal Revenue Service (IRS),
inappropriate cases. Having all Treasury.
Adoption of Amendments to the
Subchapter T cooperatives make their ACTION: Final regulations.
Regulations
income tax returns on Form 1120–C will
also eliminate confusion over which ■Accordingly, 26 CFR part 1 is SUMMARY: This document contains final
form to file and will promote efficiency amended as follows: regulations under section 1248 of the
in addressing income tax issues Internal Revenue Code (Code) that
common to Subchapter T cooperatives. PART 1—INCOME TAXES provide guidance for determining the
The IRS and Treasury Department earnings and profits attributable to stock
■ Paragraph 1. The authority citation
believe that this requirement will not of controlled foreign corporations (or
for part 1 continues to read, in part, as
have a negative effect on consolidated former controlled foreign corporations)
follows:
filing. Subchapter T cooperatives may that are (were) involved in certain
continue to file returns on behalf of Authority: 26 U.S.C. 7805 * * * nonrecognition transactions. The final
consolidated groups by indicating their ■ Par. 2. Section 1.6012–2 is amended
regulations are necessary in order to
filing status on Form 1120–C and by revising paragraph (f) to read as supplement and clarify existing
complying with the regulations under follows: guidance in the regulations under
section 1502 of the Internal Revenue section 1248. The final regulations affect
Code (Code). § 1.6012–2 Corporations required to make persons subject to the regulations under
This requirement to use Form 1120– returns of income. section 1248, as well as persons to
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C was proposed to be effective for * * * * * which regulations under other Code


taxable years ending on or after (f) Subchapter T cooperatives—(1) In provisions, such as section 367(b), apply
December 31, 2006. Because the general. For taxable years ending on or to the extent that those regulations
regulations were not finalized before the after December 31, 2007, a cooperative incorporate the principles of the section

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