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Tackling Tax Research

Tackling Tax Research. Research Refreshers Amy Taylor April 2, 2009. Roadmap. What is tax law? What are the sources? Where do you find the law? How do you know if it’s current?. Tax Authorities. Legislative Administrative (executive) Judicial. Sources of Tax Law . Legislative

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Tackling Tax Research

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  1. Tackling Tax Research Research Refreshers Amy Taylor April 2, 2009

  2. Roadmap • What is tax law? • What are the sources? • Where do you find the law? • How do you know if it’s current?

  3. Tax Authorities • Legislative • Administrative (executive) • Judicial

  4. Sources of Tax Law • Legislative • Internal Revenue Code (IRC) • Located in Title 26 of the U.S.C. and as a stand-alone code • Administrative • Internal Revenue Service (IRS) in conjunction with the Treasury Department • Judicial • Federal court opinions • US Tax Court • US Courts of Appeals

  5. Sources of Tax Law, cont. • Agency interpretative regulations (executive authority– written by IRS & Treasury), including: • Final, Temporary and Proposed Regulations promulgated under IRC 7805 • Treasury Notices and Announcements • Public Administrative Rulings (IRS Revenue Rulings) – official interpretations of the tax consequences of the Code’s application to a hypothetical factual situation. • Binding on all taxpayers and are not general statements. • Can provide clues to the IRS’ litigation strategy. • About 60 per year, 1-3 pages each • Sources: taxpayer inquiries, court decisions, perceived need for additional guidance • Published in the Weekly Internal Revenue Bulletin and semi-annually in the Cumulative Bulletin • Must check its currency with a citator volume • Citation: Rev. Rul. 99-40,1999-48 IRB 5; Rev. Rul. 99-40, 1999-2 CB 60

  6. Persuasive Authority • Legislative history • Private Administrative Rulings (private parties may approach the IRS directly and ask for a Private Letter Ruling on a specific issue– these rulings are binding only on the requesting taxpayer) • See irs.gov for how to make this request

  7. Westlaw: Add a Tax Tab

  8. Westlaw: Add a Tax Tab

  9. Westlaw Tax Tab

  10. Westlaw Tax Tab

  11. Find a Tax Document

  12. Find a Tax Document

  13. KeyCite for Tax

  14. KeyCite for Tax

  15. KeyCite for Tax

  16. RIA Tax Citator Only 31 citing documents

  17. Current Awareness

  18. Current Awareness

  19. Secondary Sources: TMP

  20. Federal Income TMP

  21. Federal Income TMP

  22. Federal Income TMP

  23. Federal Income TMP

  24. Federal Income TMP

  25. U.S. Tax Reporter

  26. U.S. Tax Reporter

  27. U.S. Tax Reporter Browsing by IRC section

  28. U.S.T.R. – Annotations to 280A

  29. CCH Tax Research Network

  30. CCH: Find by Citation

  31. CCH: Check Citator

  32. CCH: Check Citator

  33. CCH: Federal Tab

  34. CCH: Federal Tab

  35. CCH: Browse by IRC

  36. CCH: Browsing by IRC

  37. CCH: Browsing by IRC

  38. CCH: Searching

  39. CCH: Searching

  40. IRS.gov

  41. IRS.gov

  42. IRS.gov

  43. IRS.gov

  44. IRS.gov

  45. IRS.gov

  46. IRS.gov

  47. Lexis

  48. Lexis

  49. Lexis

  50. Lexis

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