The tax regulations are deemed outdated due to repealed statutes, expired emergency provisions, or matters now resolved by new legislation.

The US Internal Revenue Service (IRS), under President Donald Trump’s Executive Order 14219 (19 February 2025), has identified 83 additional guidance documents as obsolete in Notice 2025-36, which was issued on 3 July 2025.

The purpose of E.O. 14219 includes eliminating “overbearing and burdensome” regulations and other guidance documents, and “ending Federal overreach.” To further these goals, E.O. 14219 directs agency heads to 2 coordinate with the Department of Government Efficiency (DOGE) Team Leads and the Office of Management and Budget to identify regulations and other guidance documents to be eliminated. Accordingly, the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) have undertaken a review of regulations and I.R.B. guidance issued under the Internal Revenue Code1 to identify guidance to be eliminated.

This review is ongoing.

These documents are deemed outdated due to repealed statutes, expired emergency provisions, or issues now addressed by new laws. This follows Notice 2025-22 and reflects the IRS’s ongoing effort to simplify the tax rulebook.

The repealed guidance includes:

  • guidance related to built-in loss limits: Notice 2008-83- Application of Internal Revenue Code (IRC) section 382(h) to Banks (2008-42 I.R.B. 905);
  • guidance related to Jobs and Growth Tax Relief Reconciliation Act of 2003: Rev. Proc. 77-27 – Revenue procedures regarding the issuance of private letter rulings under repealed IRC section 341 (1977-2 C.B. 537);
  • guidance related to collapsible corporations:
    • Rev. Rul. 79-235 – Holding Period; Property Acquired by Exchange (1979-2 C.B. 135);
    • Rev. Rul. 79-226– Sale of Property Constructed Within 3 Years of Liquidation (1979-2 C.B. 134); and
    • Rev. Rul. 73-378 – Reorganization; Exchange and Sale of Stock (1973-2 C.B. 113);
  • guidance related to IRC provisions repealed or amended by Tax Cuts and Jobs Act (TCJA):
    • Notice 2005-38 – Limitations on Dividends Received Deduction and Other Guidance (2005-22 I.R.B. 1100);
    • Notice 2005-10- Domestic Reinvestment Plans and Other Guidance Under IRC section 965 (2005-6 I.R.B. 474); and
    • Rev. Rul. 76-414- Capital Gains; Alternative Tax; Sale of Patent by Corporate Taxpayer (1976-2 C.B. 248);
  • guidance related to IRC section 1034, which was repealed by Taxpayer Relief Act of 1997:
    • Rev. Rul. 78-136– Sale of Residence; Replacement Period; Armed Forces; Divorced Spouse (1978-1 C.B. 259); and
    • Rev. Rul. 74-250- Residence Replaced by Two Residences; Husband and Wife Separated (1974-1 C.B. 202).