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Elections Regarding Start-Up Expenditures, Corporation Organizational Expenditures, and Partnership Organizational Expenses; Correction

---
identifier: "/us/fr/2011-23598"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Elections Regarding Start-Up Expenditures, Corporation Organizational Expenditures, and Partnership Organizational Expenses; Correction"
title_number: 0
title_name: "Federal Register"
section_number: "2011-23598"
section_name: "Elections Regarding Start-Up Expenditures, Corporation Organizational Expenditures, and Partnership Organizational Expenses; Correction"
positive_law: false
currency: "2011-09-15"
last_updated: "2011-09-15"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "2011-23598"
document_type: "rule"
publication_date: "2011-09-15"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 1"
rin: "1545-BE77"
fr_citation: "76 FR 56973"
fr_volume: 76
docket_ids:
  - "TD 9542"
effective_date: "2011-09-15"
fr_action: "Correcting amendment."
---

#  Treatment of organization and syndication costs.

**AGENCY:**

Internal Revenue Service (IRS), Treasury.

**ACTION:**

Correcting amendment.

**SUMMARY:**

This document contains corrections to final regulations and removal of temporary regulations (TD 9542) that were published in the *Federal Register* on Wednesday, August 17, 2011 (76 FR 50887) relating to elections to deduct start-up expenditures, organizational expenditures of corporations, and organizational expenses of partnerships. The American Jobs Creation Act of 2004 amended the Internal Revenue Code to permit the optional deduction of a limited amount of these types of expenses that are paid or incurred after October 22, 2004.

**DATES:**

This correction is effective on September 15, 2011 and is applicable August 16, 2011.

**FOR FURTHER INFORMATION CONTACT:**

R. Matthew Kelley, (202) 622-7900 (not a toll-free number).

**SUPPLEMENTARY INFORMATION:**

**Background**

The final regulations and removal of temporary regulations that are the subject of this document are under sections 195, 248, and 709 of the Internal Revenue Code.

**Need for Correction**

As published, the final regulations and removal of temporary regulations (TD 9542) 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.

**Correction of Publication**

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

**26 CFR Part 1**

**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 1.709-1 is amended by revising the last sentences of paragraphs (b)(4) *Example 2, Example 5,* and *Example 6* to read as follows:

§ 1.709-1

(b) * * *

(4) * * *

**Example 2. * * * Partnership X may amortize the remaining $34,800**

($36,000 − $1,200 = $34,800) ratably over the remaining 174 months.

**Example 5. * * * Partnership X may amortize the remaining $52,200**

($54,000 − $1,800 = $ 52,200) ratably over the remaining 174 months.

**Example 6. * * * Partnership X may amortize the remaining $435,000**

($450,000 − $15,000 = $435,000) ratably over the remaining 174 months.

Diane Williams,

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