Announcement 2009-67

Part IV. Items of General Interest
Corrections to Rev. Proc.
2009–39
Announcement 2009–67
PURPOSE
The Internal Revenue Service publicly
released Rev. Proc. 2009–39 on August
27, 2009, in advance of its publication in
the Internal Revenue Bulletin on September 21, 2009. Rev. Proc. 2009–39 amplified, clarified, and modified Rev. Proc.
2008–52, 2008–36 I.R.B. 587, which provides procedures under which taxpayers
may obtain automatic consent of the Commissioner to change certain methods of accounting. Rev. Proc. 2009–39 also modified and clarified Rev. Proc. 97–27,
1997–1 C.B. 680, as amplified and modified by Rev. Proc. 2002–19, 2002–1 C.B.
696, as amplified and clarified by Rev.
Proc. 2002–54, 2002–2 C.B. 432, and as
modified by Rev. Proc. 2007–67, 2007–2
C.B. 1072, which provides procedures for
obtaining the advance consent of the Commissioner of Internal Revenue to change a
method of accounting.
Rev. Proc. 2009–39 modified the procedures for a taxpayer that wants to make
a change in method of accounting under
Rev. Proc. 2008–52 or Rev. Proc. 97–27
while that taxpayer has a refund or credit
under review by the Joint Committee on
Taxation. This announcement corrects certain procedures described in Rev. Proc.
2009–39 for a taxpayer that has a refund
or credit under review by the Joint Committee on Taxation. Rev. Proc. 2009–39,
as published in Internal Revenue Bulletin
2009–38, reflects the corrections described
in this announcement.

CORRECTIONS
(1) In section 2.02(2) of Rev. Proc.
2009–39, section 3.08 (Under examination) of Rev. Proc. 2008–52 was modified to insert new section 3.08(5) regarding a taxpayer before the Joint Committee
on Taxation. Section 2.02(2) of Rev. Proc.
2009–39 is corrected to delete the second
paragraph of new section 3.08(5) of Rev.
Proc. 2008–52, as modified by Rev. Proc.
2009–39.
(2) In section 2.05(2) of Rev. Proc.
2009–39, sections 6.03(2) (90-day window), 6.03(3) (120-day window), and
6.03(4) (director consent) of Rev. Proc.
2008–52 were modified to insert procedures for a taxpayer before the Joint
Committee on Taxation. Section 2.05(2)
of Rev. Proc. 2009–39 is corrected to
delete the last sentence in the following
sections of Rev. Proc. 2008–52, as modified by Rev. Proc. 2009–39: sections
6.03(2)(a); 6.03(3)(a); and 6.03(4)(a).
(3) In section 2.05(2) of Rev. Proc.
2009–39, section 6.03(5) (Changes lacking audit protection) was modified to insert
procedures for a taxpayer before the Joint
Committee on Taxation. Section 2.05(2)
of Rev. Proc. 2009–39 is modified to have
section 6.03(5)(b) of Rev. Proc. 2008–52,
as modified by Rev. Proc. 2009–39, read
as follows:
(b) A taxpayer changing a method of accounting under this section 6.03(5) (or if
section 6.02(3)(b) of this revenue procedure applies, the designated shareholder)
must provide a copy of the application to
the examining agent(s) for any examination that is in process at the same time it
files the copy of the application with the
national office. The application must contain the name(s) and telephone number(s)
of the examining agent(s).

(4) In section 2.05(2) of Rev. Proc.
2009–39, section 6.03(6) (Issue pending) was modified to insert procedures
for a taxpayer before the Joint Committee on Taxation. Section 2.05(2) of Rev.
Proc. 2009–39 is modified to have section 6.03(6)(b) of Rev. Proc. 2008–52, as
modified by Rev. Proc. 2009–39, read as
follows:
(b) A taxpayer that requests to change
a method of accounting under this section 6.03(6) (or if section 6.02(3)(b) of this
revenue procedure applies, the designated
shareholder) must provide a copy of the
application to the examining agent(s) at the
same time it files a copy of the application
with the national office. The application
must contain the name(s) and telephone
number(s) of the examining agent(s).
(5) In section 3.01 of Rev. Proc.
2009–39, Rev. Proc. 97–27 was modified to insert new section 3.07(3) of Rev.
Proc. 97–27 regarding a taxpayer before
the Joint Committee on Taxation. Section
3.01 of Rev. Proc. 2009–39 is corrected
to delete the following sentences in new
section 3.07(3) of Rev. Proc. 97–27: the
first sentence of the second paragraph; and
the fourth and fifth sentences of the third
paragraph.
EFFECT ON OTHER DOCUMENTS
Rev. Proc. 2009–39 is modified.
The principal author of this announcement is Karla M. Meola of the Office
of Associate Chief Counsel (Income Tax
& Accounting). For further information
regarding this announcement, contact
Karla M. Meola at (202) 622–4930 (not a
toll-free call).

Announcement of Disciplinary Sanctions From the Office
of Professional Responsibility
Announcement 2009-68
The Office of Professional Responsibility (OPR) announces recent disciplinary
sanctions involving attorneys, certified
public accountants, enrolled agents, en-

September 21, 2009

rolled actuaries, enrolled retirement plan
agents, and appraisers. These individuals
are subject to the regulations governing
practice before the Internal Revenue Ser-

388

vice (IRS), which are set out in Title 31,
Code of Federal Regulations, Part 10, and
which are published in pamphlet form as
Treasury Department Circular No. 230.

2009–38 I.R.B.