Equity Incentives in LLCS as Service Recipient Stock

[Guest mcmiller]

Does anyone else take the position that, based on Notice 2005-1, Q & A 7, and the absence of subsequent guidance, that equity incentive plans of LLCs can be treated in the same manner as stock appreciation rights plans for purposes of the exemption under 409A, provided the requirements for SARs are otherwise met? Any reference to guidance would be greatly appreciated.