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Administrative Tax Law

Administrative Tax Law. Tx 8030. Dual Dimensions of Tax Laws. PLRs TAMs Internal Memos. Revenue Rulings Revenue Procedures Judicial Decisions. Treasury Regulations. Internal Revenue Code. Regulations: Purpose. Interpret and explains the _____ Provides details that ________ did not

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Administrative Tax Law

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  1. Administrative Tax Law Tx 8030

  2. Dual Dimensions of Tax Laws PLRs TAMs Internal Memos Revenue Rulings Revenue Procedures Judicial Decisions Treasury Regulations Internal Revenue Code

  3. Regulations: Purpose • Interpret and explains the _____ • Provides details that ________ did not • Uses simple __________ to illustrate points

  4. Regulations:Numbering System • Example: Reg. §1.351-1(a)(2) • Prefix identifies type of ____ • IRC section follows _______ • Recent practice is to add ___________ • Reg. number follows _______ • Cap T identifies __________ regulations • Paragraph and _____________

  5. Regulations:Nature and Legal Weight • Legislative regulations • Requested by __________ • Nearly “______ and _______” of law • Involves ____ rules, not just interpretation • ____ applied retroactively • General or interpretative regulations • Merely _________ existing law • May apply ______________ • Still difficult to _________

  6. Regulations:Nature and Legal Weight • Reenactment doctrine • IRS may apply _____________ regulations • Section _____ imposes an accuracy-related penalty for “negligence or disregard of rules and regulations.” • Regs are not continuously ________ and often are _____________ with the Code

  7. Regulations: Type • Proposed regulations • Analogous to tax ______; provide __________ • Less ______ than final or temporary regulations • Comment period of ≥ ___ days • Temporary regulations • Same weight as ______ regulations • Simultaneously issued as ________ regulations • Provide _____ guidance and stop taxpayer ____ • Expire after __ years • Final regulations

  8. Regulations: Publication • Appear in most tax services, LEXIS, and CheckPoint • “The Regs aren’t ____ ____” • §385 (issued in _____) • Rely on ___________ reports • Note ____________ date

  9. Revenue Rulings:Numbering System • Rev. Rul. 78-21, 1978-3 IRB 6 • Temporary cite • _____ ruling issued in _____ • ____ weekly bulletin on page __ • Rev. Rul. 78-21, 1978-1 CB 135 • Permanent cite • _____ ruling issued in _____ • ____ volume of _____ CBs on page ____

  10. Revenue Rulings:Authority & Scope • Do not have _____ and effect of ____ • Useful as precedent • ____ litigation position • Not ________ on courts • Check ________ for status • Check for _______ when Code and Regs have changed

  11. Revenue Procedures • Involve either: • ___________ procedures taxpayers use • IRS internal _________ • Similar to Revenue Rulings in: • Authority • Citation form • Publication

  12. Written Determinations: Types • Private Letter Rulings • __________ transactions • IRS ________ Office • Technical Advice Memorandum • ___________ transactions • IRS ________ Office • Determination Letters • Questions of _______ • IRS _______ Office

  13. Written Determinations:Legal Weight • Cannot be used as _________ • Slightly authoritative

  14. Written Determinations: Numbering System • Example: PLR 8325011 • ____ ruling • _____ week • _____

  15. Written Determinations:Publications • Government does not _______ • Commercially available • LEXIS and CheckPoint

  16. Internal Memoranda • General Counsel Memorandums • About _______ Rev. Rul., PLRs, and TAMs • ______ Memorandums since 1980 • Actions on Decisions • IRS decision whether to ______ • IRS decision whether to ________ • Technical Memoranda • Background about _________ regulations

  17. Information Releases • News or Information Releases • Notices • New _____, changes in _________ rates, etc. • May curb abuse without issuing __________ • Published in ____ • Announcements • _______ of law, not substantive interpretation • Previews of soon-to-be-released __________ • Published only in _____

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