Taxation Office in the United States
Tax Administration
Administrative Complexity
New legislation places new demands on the administrative resources of the IRS and Treasury Department. The most immediate impact is felt in the task of redesigning tax forms and instructions to incorporate the changes. Interpretation of the law through regulations and rulings is necessary and may require revision of the recently issued forms. It may be difficult or impossible to issue timely guidance before effective dates. IRS personnel must become acquainted with new law promptly to provide guidance to taxpayers seeking to comply. Often they must be fully conversant with several conflicting provisions governing the same area (e.g., interest deductibility rules before 1987 and tracing rules after 1986) in order to perform the audit function.
The effort to achieve the highest possible level of certainty has historically caused the Treasury Department and the Internal Revenue Service to write detailed regulations that attempt to address all issues. This pattern has often caused delays in providing general guidance to taxpayers. The drafting of exhaustive regulations creates added complexity and a tremendous compliance burden for the small taxpayer. An example was the original proposed passive loss regulation defining the term “activity” which, for all but the most sophisticated taxpayers, was incomprehensible and nonworkable. It is positive the Treasury´s and the IRS’ reissuance of simpler regulations in this area and the efforts to seek opportunities to simplify other regulations in a similar manner, such as they have done with section 7701. Naturally, certain tax areas demand specific, detailed regulations.
Taxpayers and the IRS alike have difficulty interpreting complex provisions. In addition, the IRS faces an even greater burden than taxpayers when factual issues are involved because taxpayers are in control of the reporting and presentation of facts relevant to a particular issue. For example, enforcing the research and experimentation credit is an extremely difficult task for the IRS because of problems in tracing and categorizing various expenditures and in judging whether the taxpayer meets requirements such as “technological innovation.” Likewise, enforcing the luxury excise tax rules is difficult because of problems in identifying taxable transactions.
Complexity in making factual determinations is dramatically reduced from an administrative perspective to the extent that a provision relies on the interaction of two parties with contrary or adverse interests. For example, contracts for the sale of assets or an entire business are the result of pressure to establish the true purchase price; each party has tax and non-tax incentives to correctly state the agreed-upon price in the contract and purchase price allocation. These conflicting interests do not afford perfect controls, but they aid in verification.
Other Popular Tax Concepts
Taxation Office: Open and Free Legal Research of US Law
Federal Primary Materials
The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Taxation Office. This part provides references, in relation to Taxation Office, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).
Federal primary materials about Taxation Office by content types:
Laws and Regulations
US Constitution
Federal Statutory Codes and Legislation
Federal Case Law and Court Materials
U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:
- Case law related to Taxation Office in the U.S. Court of Appeals for the First Circuit (Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island)
- Case law related to Taxation Office in the U.S. Court of Appeals for the Second Circuit (Connecticut, New York, Vermont)
- Case law related to Taxation Office in the U.S. Court of Appeals for the Third Circuit (Delaware, New Jersey, Pennsylvania)
- Case law related to Taxation Office in the U.S. Court of Appeals for the Fourth Circuit (Maryland, North Carolina, South Carolina, Virginia, West Virginia)
- Case law related to Taxation Office in the U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, Texas)
- Case law related to Taxation Office in the U.S. Court of Appeals for the Sixth Circuit (Kentucky, Michigan, Ohio, Tennessee)
- Case law related to Taxation Office in the U.S. Court of Appeals for the Seventh Circuit (Illinois, Illinois, Indiana, Wisconsin)
- Case law related to Taxation Office in the U.S. Court of Appeals for the Eighth Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota)
- Case law related to Taxation Office in the U.S. Court of Appeals for the Ninth Circuit (Alaska, Arizona, California, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington)
- Case law related to Taxation Office in the U.S. Court of Appeals for the Tenth Circuit (Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming)
- Case law related to Taxation Office in the U.S. Court of Appeals for the Eleventh Circuit (Alabama, Florida, Georgia)
Federal Administrative Materials and Resources
Presidential Materials
Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:
Executive Materials
Federal Legislative History Materials
Legislative history traces the legislative process of a particular bill (about Taxation Office and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Taxation Office or other topics), or locating the current status of a bill and monitoring its progress.
State Administrative Materials and Resources
State regulations are rules and procedures promulgated by state agencies (which may apply to Taxation Office and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Taxation Office. Finding these decisions can be challenging. In many cases, researchers about Taxation Office should check state agency web sites for their regulations, decisions, forms, and other information of interest.
State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:
- Information related to Taxation Office in the Alabama Administrative Code.
- Information related to Taxation Office in the Alaska Administrative Code
- Information related to Taxation Office in the Arizona Administrative Code, Secretary of State's Office.
- Information related to Taxation Office in Arkansas Administrative Rules, Secretary of State.
- Information related to Taxation Office in the California Code of Regulations
- Information related to Taxation Office in the Colorado Code of Regulations and the Online Register, Secretary of State.
- Information related to Taxation Office in the Connecticut eRegulations System
- Information related to Taxation Office in the Delaware's Administrative Code
- Information related to Taxation Office in the D.C. Municipal Regulations and D.C. Register
- Information related to Taxation Office in the Florida Administrative Code and Administrative Register, Department of State.
- Information related to Taxation Office in the Rules and Regulations of the State of Georgia.
- Information related to Taxation Office in the Administrative Rules, Lt. Governor of the State of Hawaii.
- Information related to Taxation Office in the Idaho Administrative Code, Idaho Office of the Administrative Rules Coordinator.
- Information related to Taxation Office in the Administrative Code, Illinois General Assembly, Joint Committee on Administrative Rules.
- Information related to Taxation Office in the Indiana Administrative Code.
- Information related to Taxation Office in the Iowa Administrative Code (titles) and Taxation Office in the PDF content of rules.
- Information related to Taxation Office in the Kansas Administrative Regulations, Kansas Secretary of State (search also Taxation Office here)
- Information related to Taxation Office in the Kentucky Administrative Regulations
- Information related to Taxation Office in the Louisiana Administrative Code, State of Louisiana, Division of Administration
- Information related to Taxation Office in Maine Rules by Department, the Department of the Secretary of State, Bureau of Corporations, Elections & Commissions
- Information related to Taxation Office in the Code of Maryland Regulations (COMAR), Division of State Documents
- Information related to Taxation Office in Code of Massachusetts Regulations (CMR), the Massachusetts Court System
- Information related to Taxation Office in Michigan Administrative Code, Department of Licensing and Regulatory Affairs (LARA), Office of Regulatory Reinvention
- Information related to Taxation Office in the Minnesota Administrative Code, Office of the Revisor of Statutes
- Information related to Taxation Office in the Mississippi Administrative Code
- Information related to Taxation Office in the Missouri Code of State Regulations, Secretary of State.
- Information related to Taxation Office in the Administrative Rules of Montana, Secretary of State.
- Information related to Taxation Office in the Nebraska Rules and Regulations, Nebraska Secretary of State.
- Information related to Taxation Office in the Nevada Administrative Code, Legislature Law Library
- Information related to Taxation Office in the New Hampshire Administrative Rules, Office of Legislative Services
- Information related to Taxation Office in the New Jersey Administrative Code
- Information related to Taxation Office in the New Mexico Administrative Code, Commission of Public Records, State Records Center and Archives
- Information related to Taxation Office in the New York Codes, Rules and Regulations
- Information related to Taxation Office in the North Carolina Administrative Code (NCAC), Office of Administrative Hearings
- Information related to Taxation Office in the North Dakota Administrative Code
- Information related to Taxation Office in the Ohio Administrative Code, Legislative Services Commission
- Information related to Taxation Office in the Oklahoma Administrative Code, Oklahoma Secretary of State
- Information related to Taxation Office in the Oregon Administrative Rules (OAR), Secretary of State
- Information related to Taxation Office in the Pennsylvania Code Online (official publication rules and regulations), Pennsylvania Reference Bureau
- Information related to Taxation Office in the Rhode Island Final Rules and Regulations Database, State Archives. Four rulemaking agencies are not included
- Information related to Taxation Office in the South Carolina Code of Regulations, South Carolina Legislature.
- Information related to Taxation Office in the South Dakota Administrative Rules, Legislative Research Council
- Information related to Taxation Office in the Effective Rules and Regulations of the State of Tennessee (Official Compilation), Secretary of State.
- Information related to Taxation Office in the Texas Administrative Code, Secretary of State
- Information related to Taxation Office in the Utah Administrative Code, Utah Department of Administrative Services, Division of Administrative Rules
- Information related to Taxation Office in the Vermont Administrative Code
- Information related to Taxation Office in the Virginia Administrative Code, Virginia General Assembly, Legislative Information System (LIS)
- Information related to Taxation Office in the Washington Administrative Code (WAC)
- Information related to Taxation Office in the West Virginia Code of State Rules, Secretary of State.
- Information related to Taxation Office in the Wisconsin Administrative Code
- Information related to Taxation Office in Wyoming administrative rules, Secretary of State
State opinions of the Attorney General (official written advisory opinions on issues of state law related to Taxation Office when formerly requested by a designated government officer):
Tools and Forms
Law in Other Regions
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