REG-131478-02 (Final) Guidance under Section 1502; Suspension of Losses on Certain Stock Disposition

Forms and Documents

Document Name	Status
Reg-131478-02_Sup_Stmnt.doc Supporting Statement A	2009-07-29
TD9048_031403.pdf Supplementary Document	2009-06-01
NPRM_Reg-131478-02.pdf Supplementary Document	2009-06-01

IC Document Collections

IC ID	Document Title	Status
19461	REG-131478-02 (Final) Guidance Under Section 1502; Suspension of Losses on Certain Stock Disposition	Modified

ICR Details

OMB Control No: 1545-1828	ICR Reference No: 200905-1545-031
Status: Historical Active	Previous ICR Reference No: 200605-1545-004
Agency/Subagency: TREAS/IRS	Agency Tracking No: CB-1828-031
Title: REG-131478-02 (Final) Guidance under Section 1502; Suspension of Losses on Certain Stock Disposition
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/28/2009
	Date Received in OIRA: 07/30/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2012	36 Months From Approved	09/30/2009
Responses	7,500	0	7,500
Time Burden (Hours)	15,000	0	15,000
Cost Burden (Dollars)	0	0	0

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Abstract: 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.

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Authorizing Statute(s): US Code: 26 USC 1502 Name of Law: SPECIAL RULE FOR DISPOSITION OF STOCK OF SUBSIDIARY
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 24075	05/22/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 37305	07/28/2009
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
REG-131478-02 (Final) Guidance Under Section 1502; Suspension of Losses on Certain Stock Disposition

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	7,500	7,500	0	0	0	0
Annual Time Burden (Hours)	15,000	15,000	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/30/2009

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