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Explanation of the Process - IRIS 1099 (Updated 7/2/08)

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----- Original Message -----
From: Rod Remelin
To:  
Sent: Tuesday, July 01, 2008 9:15 AM
Subject: Forms 1099-OID (Part II)
 
Bob,
 
I had the chance to “glance” thru that Tom Schultz transcript that deals with his assertion that people use Form 1099-OID. That form is used solely pursuant to 26 USC 6049 and its regulations. Here is 6049:
 
Section 6049. Returns regarding payments of interest

(a) Requirement of reporting

Every person -

(1) who makes payments of interest (as defined in subsection (b)) aggregating $10 or more to any other person during any calendar year, or

(2) who receives payments of interest (as so defined) as a nominee and who makes payments aggregating $10 or more during any calendar year to any other person with respect to the interest so received, shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the person to whom paid.

*****

(B) Original issue discount

For purposes of this paragraph, the term "original issue discount" has the meaning given to such term by section 1273(a).

 
You may read this section here: http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=26&sec=6049
 
Section 6049 deals with reporting payments of interest. "OID" means what

26 USC 1273 says:

 
Section 1273. Determination of amount of original issue discount

(a) General rule

For purposes of this subpart -

(1) In general

The term "original issue discount" means the excess (if any) of -

(A) the stated redemption price at maturity, over

(B) the issue price.

 
You may read 1273 here: http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=26&sec=1273
 
It would be incredibly foolish for anyone to file a 1099-OID in the manner advocated by Schultz.
 
Larry Becraft
becraft@hiwaay.net