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Corporate Reorganizations; Distributions Under Sections 368(a)(1)(D) and 354(b)(1)(B); Correction

---
identifier: "/us/fr/2010-866"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Corporate Reorganizations; Distributions Under Sections 368(a)(1)(D) and 354(b)(1)(B); Correction"
title_number: 0
title_name: "Federal Register"
section_number: "2010-866"
section_name: "Corporate Reorganizations; Distributions Under Sections 368(a)(1)(D) and 354(b)(1)(B); Correction"
positive_law: false
currency: "2010-01-20"
last_updated: "2010-01-20"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "2010-866"
document_type: "rule"
publication_date: "2010-01-20"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 1"
rin: "1545-BF83"
fr_citation: "75 FR 3159"
fr_volume: 75
docket_ids:
  - "TD 9475"
effective_date: "2010-01-20"
fr_action: "Correcting amendment."
---

#  Definition of terms.

**AGENCY:**

Internal Revenue Service (IRS), Treasury.

**ACTION:**

Correcting amendment.

**SUMMARY:**

This document contains a correction to final regulations (TD 9475) that were published in the *Federal Register* on Friday, December 18, 2009 (74 FR 67053) providing guidance regarding the qualification of certain transactions as reorganizations described in section 368(a)(1)(D) where no stock and/or securities of the acquiring corporation is issued and distributed in the transaction.

**DATES:**

This correction is effective on January 20, 2010, and is applicable on December 18, 2009.

**FOR FURTHER INFORMATION CONTACT:**

Bruce A. Decker, (202) 622-7790 (not a toll-free number).

**SUPPLEMENTARY INFORMATION:**

**Background**

The final regulations (TD 9475) that are the subject of this document are under sections 358, 368 and 1502 of the Internal Revenue Code.

**Need for Correction**

As published, the final regulations (TD 9475) contain an error that may prove to be misleading and is in need of clarification.

**List of Subjects in 26 CFR Part 1**

Income taxes, Reporting and recordkeeping requirements.

**Correction of Publication**

**26 CFR Part 1**

Accordingly, 26 CFR part 1 is corrected by making the following correcting amendment:

**PART 1—INCOME TAXES**

*Paragraph 1.* The authority citation for part 1 continues to read in part as follows:

**Authority:**

26 U.S.C. 7805 * * *

**26 CFR Part 1**

*Par. 2.* Section 1.368-2 is amended by revising paragraph (l)(2)(iv) to read as follows:.

§ 1.368-2

(l) * * *

(2) * * *

(iv) *Exception.* Paragraph (l)(2) of this section does not apply to a transaction otherwise described in § 1.358-6(b)(2).

Guy R. Traynor,

Acting Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration).