Rev. Proc. 79-43

Section 1. Purpose

The purpose of this revenue procedure is to establish the condition under which a presidential appointee who has an interest in a blind trust that meets the requirements of section 202(f)(4)(B) of the Ethics in Government Act of 1978, P.L. 95-521, 92 Stat. 1825 (1978), will be granted permission to have a trustee file the person's income tax return.

Sec. 2. Background

Section 202(f)(4)(B) of the Ethics in Government Act of 1978 provides that in the case of a trust created for the benefit of an individual appointed by the President, by and with the consent of the Senate, an asset placed in trust will not be considered a financial interest of the individual for purposes of section 208 of title 18, United States Code, and any other conflict of interest statutes or regulations if certain requirements are met including giving the trustee the power to prepare on behalf of the individual the personal income tax return and similar returns which may contain information relating to the trust.

Sec. 3. Scope

Section 1.6012-1(a)(5) of the Income Tax Regulations, concerning returns made by agents, permit a return to be made by an agent if the taxpayer requests permission, in writing, of the appropriate district director and the district director determines that good cause exists for permitting an agent to make the return.

Sec. 4. Procedure

A presidential appointee who has an interest in a blind trust that meets the requirements of section 202(f)(4)(B) of the Ethics in Government Act of 1978 and who requests permission, in writing, of the appropriate district director, for the taxpayer's federal income tax return to be filed by the trustee of the blind trust, will be considered to have shown good cause for receiving permission to have the return filed by the trustee, and will automatically be granted such permission.

Sec. 5. Effective Date

This revenue procedure is effective September 10, 1979, the date of its publication in the Internal Revenue Bulletin.