Skip to content
LexBuild

Build-In Gains and Losses Under Section 382(h); Correction

---
identifier: "/us/fr/2010-18270"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Build-In Gains and Losses Under Section 382(h); Correction"
title_number: 0
title_name: "Federal Register"
section_number: "2010-18270"
section_name: "Build-In Gains and Losses Under Section 382(h); Correction"
positive_law: false
currency: "2010-07-28"
last_updated: "2010-07-28"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "2010-18270"
document_type: "rule"
publication_date: "2010-07-28"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 1"
rin: "1545-BG03"
fr_citation: "75 FR 44138"
fr_volume: 75
docket_ids:
  - "TD 9487"
effective_date: "2010-07-28"
fr_action: "Correcting amendment."
---

#  Definition of ownership change under section 382, as amended by the tax Reform Act of 1986 (temporary).

**AGENCY:**

Internal Revenue Service (IRS), Treasury.

**ACTION:**

Correcting amendment.

**SUMMARY:**

This document contains correcting amends to IRS' regulations providing guidance regarding the treatment of prepaid income under the built-in gain provisions of section 382(h). These errors were made when the agency published final regulations (TD 9487) in the *Federal Register* on Wednesday, June 16, 2010 (75 FR 33990).

**DATES:**

This correction is effective on July 28, 2010, and is applicable on June 16, 2010.

**FOR FURTHER INFORMATION CONTACT:**

Keith E. Stanley, (202) 622-7750 (not a toll-free number).

**SUPPLEMENTARY INFORMATION:**

**Background**

The final regulations (TD 9487) that are the subject of this document are under section 382 of the Internal Revenue Code.

**Need for Correction**

As published, the final regulations (TD 9487) contain errors that may prove to be misleading and are in need of clarification.

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

Income taxes, Reporting and recordkeeping requirements.

**26 CFR Part 1**

**Correction of Publication**

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

**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 1.382-2T is amended by revising the headings of paragraph (h)(4)(vii)(A) and paragraph (h)(4)(x)(J) to read as follows:

§ 1.382-2T

(h) * * *

(4) * * *

(vii) * * *

(A) Right or obligation to issue stock. * * *

(x) * * *

(J) Title 11 or similar case. * * *

LaNita Van Dyke,

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