Internal Revenue Bulletins  
July 26, 2004

Internal Revenue Bulletin No. 2004-30

Links to Official IRS Bulletin Documents listed below are in the Adobe Acrobat PDF Format, and require the appropriate Acrobat Reader to view and/or print.

INCOME TAX

Notice 2004-48(PDF, 64K)
2004 marginal production rates. This notice announces the applicable percentage under section 613A of the Code to be used in determining percentage depletion for marginal properties for the 2004 calendar year.

Notice 2004-49(PDF, 85K)
2004 enhanced oil recovery credit. The enhanced oil recovery credit for taxable years beginning in the 2004 calendar year is determined without regard to the phase-out for crude oil price increases provided in section 43(b) of the Code.

Rev. Rul. 2004-71(PDF, 154K)
Offsets under section 6402; Arizona and Wisconsin law. This ruling provides guidance regarding the amount of an over payment from a joint tax return that the IRS may offset against a spouse�s separate tax liability for taxpayers domiciled in Arizona or Wisconsin. Arizona and Wisconsin are community property states and, under the respective state laws, each spouse has an undivided 50�percent interest in all community property. Rev. Ruls. 80�7 and 85�70 amplified and clarified.

Rev. Rul. 2004-72(PDF, 121K)
Offsets under section 6402; California, Idaho, and Louisiana law. This ruling provides guidance regarding the amount of an overpayment from a joint tax return that the IRS may offset against a spouse�s separate tax liability for taxpayers domiciled in California, Idaho, or Louisiana. California, Idaho, and Louisiana are community property states and, under the respective state laws, each spouse has an undivided 50�percent interest in all community property. Rev. Ruls. 80�7 and 85�70 amplified and clarified.

Rev. Rul. 2004-73(PDF, 151K)
Offsets under section 6402; Nevada, New Mexico, and Washington law. This ruling provides guidance regarding the amount of an overpayment from a joint tax return that the IRS may offset against a spouse�s separate tax liability for tax payers domiciled in Nevada, New Mexico, and Washington. Nevada, New Mexico, and Washington are community property states and, under the respective state laws, each spouse has an undivided 50�percent interest in all community property. Rev. Ruls. 80�7 and 85�70 amplified and clarified.

Rev. Rul. 2004-74(PDF, 118K)
Offsets under section 6402; Texas law. This ruling provides guidance regarding the amount of an overpayment from a joint tax return that the IRS may offset against a spouse�s separate tax liability for taxpayers domiciled in Texas. Texas is a community property state and, under the state law, each spouse has an undivided 50�percent interest in all community property. Rev. Ruls. 80�7 and 85�70 amplified and clarified.

T.D. 9135(PDF, 83K)
Final regulations under section 61 of the Code amend section 1.61�8(b) of the regulations to authorize the Commissioner of Internal Revenue to provide rules allowing for the inclusion of advance rentals in gross income in a year other than the year of receipt.

EMPLOYEE PLANS

Notice 2004-51(PDF, 77K)
Weighted average interest rate update; corporate bond indexes; 30-year Treasury securities. The weighted average interest rate for July 2004 and the resulting permissible range of interest rates used to calculate current liability and to determine the required contribution are set

EXEMPT ORGANIZATIONS

Announcement 2004-62(PDF, 101K)
A list is provided of organizations now classified as private foundations.

EXCISE TAX

T.D. 9134(PDF, 144K)
Final regulations, primarily under section 5891 of the Code, provide the manner and method of paying and reporting the excise tax imposed on any person who acquires structured settlement payment rights in a structured settlement factoring transaction if the transfer of the rights is not approved in advance in a qualified order.

ADMINISTRATIVE

Announcement 2004-59(PDF, 258K)
This announcement contains the annual report concerning the Pre-Filing Agreement program of the Large and Mid-Size Business Division of the Service for Calendar Year 2003.

Rev. Proc. 2004-41(PDF, 112K)
This procedure describes circumstances under which an insurance company that makes incentive payments to health care providers will be permitted to deduct those payments without regard to section 404 of the Code. The procedure also provides automatic consent procedures for a taxpayer to change its method of accounting for such payments. Rev. Proc. 2002�9 modified and amplified.

Rev. Rul. 2004-71(PDF, 154K)
Offsets under section 6402; Arizona and Wisconsin law. This ruling provides guidance regarding the amount of an over payment from a joint tax return that the IRS may offset against a spouse�s separate tax liability for taxpayers domiciled in Arizona or Wisconsin. Arizona and Wisconsin are community property states and, under the respective state laws, each spouse has an undivided 50�percent interest in all community property. Rev. Ruls. 80�7 and 85�70 amplified and clarified.

Rev. Rul. 2004-72(PDF, 121K)
Offsets under section 6402; California, Idaho, and Louisiana law. This ruling provides guidance regarding the amount of an overpayment from a joint tax return that the IRS may offset against a spouse�s separate tax liability for taxpayers domiciled in California, Idaho, or Louisiana. California, Idaho, and Louisiana are community property states and, under the respective state laws, each spouse has an undivided 50�percent interest in all community property. Rev. Ruls. 80�7 and 85�70 amplified and clarified.

Rev. Rul. 2004-73(PDF, 151K)
Offsets under section 6402; Nevada, New Mexico, and Washington law. This ruling provides guidance regarding the amount of an overpayment from a joint tax return that the IRS may offset against a spouse�s separate tax liability for tax payers domiciled in Nevada, New Mexico, and Washington. Nevada, New Mexico, and Washington are community property states and, under the respective state laws, each spouse has an undivided 50�percent interest in all community property. Rev. Ruls. 80�7 and 85�70 amplified and clarified.

Rev. Rul. 2004-74(PDF, 118K)
Offsets under section 6402; Texas law. This ruling provides guidance regarding the amount of an overpayment from a joint tax return that the IRS may offset against a spouse�s separate tax liability for taxpayers domiciled in Texas. Texas is a community property state and, under the state law, each spouse has an undivided 50�percent interest in all community property. Rev. Ruls. 80�7 and 85�70 amplified and clarified.

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