Subject: INCOME TAXES / UNITED STATES CODES / CODE OF FEDERAL REGULATIONS / and / WHO IS LIABLE? (If you are online you can click on each “blue number” or “red” or “CFR Section”, and it will take you to that government site) ________________________________________________ United States Code TITLE 44 - PUBLIC PRINTING AND DOCUMENTS CHAPTER 15 - FEDERAL REGISTER AND CODE OF FEDERAL REGULATIONS *** Title 44 USC Sec. 1501. Definitions *** As used in this chapter, unless the context otherwise requires ''document'' means a Presidential proclamation or Executive order and an order, regulation, rule, certificate, code of fair competition, license, notice, or similar instrument, issued, prescribed, or promulgated by a Federal agency; ''Federal agency'' or ''agency'' means the President of the United States, or an executive department, independent board, establishment, bureau, agency, institution, commission, or separate office of the administrative branch of the Government of the United States but not the legislative or judicial branches of the Government; ''person'' means an individual, partnership, association, or corporation; and ''National Archives of the United States'' has the same meaning as in section 2901(11) of this title ___________________________________________________________________ United States Code TITLE 44 - PUBLIC PRINTING AND DOCUMENTS CHAPTER 15 - FEDERAL REGISTER AND CODE OF FEDERAL REGULATIONS *** Sec. 1505. Documents to be published in Federal Register *** (a) Proclamations and Executive Orders; Documents Having General Applicability and Legal Effect; Documents Required To Be Published by Congress. There shall be published in the Federal Register (1) Presidential proclamations and Executive orders, except those not having general applicability and legal effect or effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof; (2) documents or classes of documents that the President may determine from time to time have general applicability and legal effect; and (3) documents or classes of documents that may be required so to be published by Act of Congress. For the purposes of this chapter every document or order which prescribes a penalty has general applicability and legal effect. (b) Documents Authorized To Be Published by Regulations; Comments and News Items Excluded. In addition to the foregoing there shall also be published in the Federal Register other documents or classes of documents authorized to be published by regulations prescribed under this chapter with the approval of the President, but comments or news items of any character may not be published in the Federal Register. (c) Suspension of Requirements for Filing of Documents; Alternate Systems for Promulgating, Filing, or Publishing Documents; Preservation of Originals. In the event of an attack or threatened attack upon the continental United States and a determination by the President that as a result of an attack or threatened attack (1) publication of the Federal Register or filing of documents with the Office of the Federal Register is impracticable, or (2) under existing conditions publication in the Federal Register would not serve to give appropriate notice to the public of the contents of documents, the President may, without regard to any other provision of law, suspend all or part of the requirements of law or regulation for filing with the Office or publication in the Federal Register of documents or classes of documents. The suspensions shall remain in effect until revoked by the President, or by concurrent resolution of the Congress. The President shall establish alternate systems for promulgating, filing, or publishing documents or classes of documents affected by such suspensions, including requirements relating to their effectiveness or validity, that may be considered under the then existing circumstances practicable to provide public notice of the issuance and of the contents of the documents. The alternate systems may, without limitation, provide for the use of regional or specialized publications or depositories for documents, or of the press, the radio, or similar mediums of general communication. Compliance with alternate systems of filing or publication shall have the same effect as filing with the Office or publication in the Federal Register under this chapter or other law or regulation. With respect to documents promulgated under alternate systems, each agency shall preserve the original and two duplicate originals or two certified copies for filing with the Office when the President determines that it is practicable> ____________________________________ ________________________ United States Code TITLE 26 - INTERNAL REVENUE CODE Subtitle F - Procedure and Administration CHAPTER 61 INFORMATION AND RETURNS Subchap ter A Returns and Records P A R T I R E C O R D S , S T A T E M E N T S , A N D S P E C I A L R E T U R N S *** 26CFR Sec. 6001. Notice or regulations requiring records, statements, and special returns *** Every person liable for any tax imposed by this title, or for the collection thereof, shall keep such records, render such statements, make such returns, and comply with such rules and regulations as the Secretary may from time to time prescribe. Whenever in the judgment of the Secretary it is necessary, he may require any person, by notice served upon such person or by regulations, to make such returns, render such statements, or keep such records, as the Secretary deems sufficient to show whether or not such person is liable for tax under this title. The only records which an employer shall be required to keep under this section in connection with charged tips shall be charge receipts, records necessary to comply with section 6053(c), and copies of statements furnished by employees under section 6053(a). Parallel authorities for 26 USC 6001 (from CFR) [NB: because this service is automated, and the information it uses relatively volatile, this listing may not be complete and is presented for reference only. You may want to consult the House of Representatives parallel table of authorities for a complete listing.] 26 CFR part 1 26 CFR part 31 26 CFR part 55 26 CFR part 156 27 CFR part 19 27 CFR part 53 27 CFR part 194 27 CFR part 250 27 CFR part 296 [Revised as of Apr. 1, 1998 for: 1.01-1.60, 1.301-1.640, 1.851-1.907. Apr. 1, 1997 for others] TITLE 26--INTERNAL REVENUE CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY SUBCHAPTER A-INCOME TAX PART 1-INCOME TAXES [Revised as of Apr. 1, 1998 for: 1.01-1.640, 1.851-end, Apr. 1, 1997 for others] TITLE 26--INTERNAL REVENUE CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY SUBCHAPTER C-EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE PART 31-EMPLOYME NT TAXES AND COLLECTI ON OF INCOME TAX AT SOURCE [Revised as of Apr. 1, 1998 for: 1.01-1.640, 1.851-end, Apr. 1, 1997 for others] TITLE 26--INTERNAL REVENUE CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY SUBCHAPTER D-MISCELLANEOUS EXCISE TAXES PART 55-EXCISE TAX ON REAL ESTATE INVESTME NT TRUSTS AND REGULATE D INVESTME NT COMPANIE S [Revised as of Apr. 1, 1998 for: 1.01-1.640, 1.851-end, Apr. 1, 1997 for others] TITLE 26--INTERNAL REVENUE CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY SUBCHAPTER D-MISCELLANEOUS EXCISE TAXES PART 156-EXCISE TAX ON GREENMAI L [Revised as of Apr. 1, 1998] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY SUBCHAPTER A-LIQUORS PART 19-DISTILLED SPIRITS PLANTS [Revised as of Apr. 1, 1998] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY SUBCHAPTER C-FIREARMS PART 53-MANUFACT URERS EXCISE TAXES. FIREARMS AND AMMUNITI ON [Revised as of Apr. 1, 1998] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY SUBCHAPTER M-ALCOHOL, TOBACCO AND OTHER EXCISE TAXES PART 194-LIQUOR DEALERS [Revised as of Apr. 1, 1997] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY SUBCHAPTER M-ALCOHOL, TOBACCO AND OTHER EXCISE TAXES PART 250-LIQUORS AND ARTICLES FROM PUERTO RICO AND THE VIRGIN ISLANDS [Revised as of Apr. 1, 1997] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY SUBCHAPTER M-ALCOHOL, TOBACCO AND OTHER EXCISE TAXES PART 296-MISCELLA NEOUS REGULATI ONS RELATING TO TOBACCO PRODUCTS AND CIGARETT E PAPERS AND TUBES United States Code TITLE 26 - INTERNAL REVENUE CODE Subtitle F - Procedure and Administration CHAPTER 63 ASSESSMENT Subchap ter A In General *** Sec. 6201. Assessment authority *** (a) Authority of Secretary The Secretary is authorized and required to make the inquiries, determinations, and assessments of all taxes (including interest, additional amounts, additions to the tax, and assessable penalties) imposed by this title, or accruing under any former internal revenue law, which have not been duly paid by stamp at the time and in the manner provided by law. Such authority shall extend to and include the following: (1) Taxes shown on return The Secretary shall assess all taxes determined by the taxpayer or by the Secretary as to which returns or lists are made under this title. (2) Unpaid taxes payable by stamp (A) Omitted stamps Whenever any article upon which a tax is required to be paid by means of a stamp is sold or removed for sale or use by the manufacturer thereof or whenever any transaction or act upon which a tax is required to be paid by means of a stamp occurs without the use of the proper stamp, it shall be the duty of the Secretary, upon such information as he can obtain, to estimate the amount of tax which has been omitted to be paid and to make assessment therefor upon the person or persons the Secretary determines to be liable for such tax. (B) Check or money order not duly paid In any case in which a check or money order received under authority of section 6311 as payment for stamps is not duly paid, the unpaid amount may be immediately assessed as if it were a tax imposed by this title, due at the time of such receipt, from the person who tendered such check or money order. (3) Erroneous income tax prepayment credits If on any return or claim for refund of income taxes under subtitle A there is an overstatement of the credit for income tax withheld at the source, or of the amount paid as estimated income tax, the amount so overstated which is allowed against the tax shown on the return or which is allowed as a credit or refund may be assessed by the Secretary in the same manner as in the case of a mathematical or clerical error appearing upon the return, except that the provisions of section 6213(b)(2) (relating to abatement of mathematical or clerical error assessments) shall not apply with regard to any assessment under this paragraph. (b) Amount not to be assessed (1) Estimated income tax No unpaid amount of estimated income tax required to be paid under section 6654 or 6655 shall be assessed. (2) Federal unemployment tax No unpaid amount of Federal unemployment tax for any calendar quarter or other period of a calendar year, computed as provided in section 6157, shall be assessed. (c) Compensation of child Any income tax under chapter 1 assessed against a child, to the extent attributable to amounts includible in the gross income of the child, and not of the parent, solely by reason of section 73(a), shall, if not paid by the child, for all purposes be considered as having also been properly assessed against the parent. (d) Required reasonable verification of information returns In any court proceeding, if a taxpayer asserts a reasonable dispute with respect to any item of income reported on an information return filed with the Secretary under subpart B or C of part III of subchapter A of chapter 61 by a third party and the taxpayer has fully cooperated with the Secretary (including providing, within a reasonable period of time, access to and inspection of all witnesses, information, and documents within the control of the taxpayer as reasonably requested by the Secretary), the Secretary shall have the burden of producing reasonable and probative information concerning such deficiency in addition to such information return. (e) Deficiency proceedings For special rules applicable to deficiencies of income, estate, gift, and certain excise taxes, see subchapter B. Parallel authorities for 26 USC 6201 (from CFR) [NB: because this service is automated, and the information it uses relatively volatile, this listing may not be complete and is presented for reference only. You may want to consult the House of Representatives parallel table of authorities for a complete listing.] 27 CFR part 70 [Revised as of Apr. 1, 1998] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY SUBCHAPTER F-PROCEDURES AND PRACTICES PART 70-PROCEDURE AND ADMINISTRA TION United States Code TITLE 26 - INTERNAL REVENUE CODE Subtitle F - Procedure and Administration CHAPTER 63 ASSESSMENT Subchap ter A In General *** Sec. 6203. Method of assessment *** The assessment shall be made by recording the liability of the taxpayer in the office of the Secretary in accordance with rules or regulations prescribed by the Secretary. Upon request of the taxpayer, the Secretary shall furnish the taxpayer a copy of the record of the assessment. Parallel authorities for 26 USC 6203 (from CFR) [NB: because this service is automated, and the information it uses relatively volatile, this listing may not be complete and is presented for reference only. You may want to consult the House of Representatives parallel table of authorities for a complete listing.] 27 CFR part 70 [Revised as of Apr. 1, 1998] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY SUBCHAPTER F-PROCEDURES AND PRACTICES PART 70-PROCEDURE AND ADMINISTRA TION United States Code TITLE 26 - INTERNAL REVENUE CODE Subtitle F - Procedure and Administration CHAPTER 61 INFORMATION AND RETURNS Subchap ter A Returns and Records P A R T I I T A X R E T U R N S O R S T A T E M E N T S S u b p a r t D - *** Sec. 6020. Returns prepared for or executed by Secretary *** (a) Preparation of return by Secretary If any person shall fail to make a return required by this title or by regulations prescribed thereunder, but shall consent to disclose all information necessary for the preparation thereof, then, and in that case, the Secretary may prepare such return, which, being signed by such person, may be received by the Secretary as the return of such person. (b) Execution of return by Secretary (1) Authority of Secretary to execute return If any person fails to make any return required by any internal revenue law or regulation made thereunder at the time prescribed therefor, or makes, willfully or otherwise, a false or fraudulent return, the Secretary shall make such return from his own knowledge and from such information as he can obtain through testimony or otherwise. (2) Status of returns Any return so made and subscribed by the Secretary shall be prima facie good and sufficient for all legal purposes. M i s Parallel authorities for 26 USC 6020 c e(from CFR) l[NB: because this service is automated, and the linformation it uses relatively volatile, this listing may anot be complete and is presented for reference only. n You may want to consult the House of eRepresentatives parallel table of authorities for a o complete listing.] u 27 CFR part 53 s 27 CFR part 70 [Revised as of Apr. 1, 1998] P r TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS o CHAPTER I--BUREAU OF v ALCOHOL, TOBACCO AND i FIREARMS, DEPARTMENT s OF THE TREASURY i SUBCHAPTER C-o FIREARMS n PART 53-s MANUFACTU RERS EXCISE TAXES. FIREARMS AND AMMUNITION [Revised as of Apr. 1, 1998] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY SUBCHAPTER F-PROCEDURES AND PRACTICES PART 70-PROCEDURE AND ADMINISTRA TION ______________ ______________ ______________ ______ United States Code TITLE 26 - INTERNAL REVENUE CODE Subtitle F - Procedure and Administration CHAPTER 64 COLLECTION Subchap ter A General Provisio ns ________________ ________________ ___ United States Code TITLE 26 - INTERNAL REVENUE CODE Subtitle F - Procedure and Administration CHAPTER 64 COLLECTION Subchap ter C Lien for Taxes P A R T I I L I E N S *** Sec. 6301. Collection authority *** The Secretary shall collect the taxes imposed by the internal revenue laws. Parallel authorities for 26 USC 6301 (from CFR) [NB: because this service is automated, and the information it uses relatively volatile, this listing may not be complete and is presented for reference only. You may want to consult the House of Representatives parallel table of authorities for a complete listing.] 27 CFR part 53 27 CFR part 24 27 CFR part 25 27 CFR part 250 27 CFR part 270 27 CFR part 275 27 CFR part 70 *** Sec. 6321. Lien for taxes *** If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belonging to such person. Parallel authorities for 26 USC 6321 (from CFR) [NB: because this service is automated, and the information it uses relatively volatile, this listing may not be complete and is presented for reference only. You may want to consult the House of Representatives parallel table of authorities for a complete listing.] 27 CFR part 70 [Revised as of Apr. 1, 1998] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY SUBCHAPTER F-PROCEDURES AND PRACTICES PART 70-PROCEDURE AND ADMINISTRA TION United States Code TITLE 26 - INTERNAL REVENUE CODE Subtitle F - Procedure and Administration CHAPTER 64 COLLECTION Subchap ter D Seizure of Property for Collecti on of Taxes P A R T I I L E V Y *** Sec. 6331. Levy and distraint *** (a) Authority of Secretary If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section 6334) belonging to such person or on which there is a lien provided in this chapter for the payment of such tax. Levy may be made upon the accrued salary or wages of any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official. If the Secretary makes a finding that the collection of such tax is in jeopardy, notice and demand for immediate payment of such tax may be made by the Secretary and, upon failure or refusal to pay such tax, collection thereof by levy shall be lawful without regard to the 10-day period provided in this section. (b) Seizure and sale of property The term ''levy'' as used in this title includes the power of distraint and seizure by any means. Except as otherwise provided in subsection (e), a levy shall extend only to property possessed and obligations existing at the time thereof. In any case in which the Secretary may levy upon property or rights to property, he may seize and sell such property or rights to property (whether real or personal, tangible or intangible). (c) Successive seizures Whenever any property or right to property upon which levy has been made by virtue of subsection (a) is not sufficient to satisfy the claim of the United States for which levy is made, the Secretary may, thereafter, and as often as may be necessary, proceed to levy in like manner upon any other property liable to levy of the person against whom such claim exists, until the amount due from him, together with all expenses, is fully paid. (d) Requirement of notice before levy (1) In general Levy may be made under subsection (a) upon the salary or wages or other property of any person with respect to any unpaid tax only after the Secretary has notified such person in writing of his intention to make such levy. (2) 30-day requirement The notice required under paragraph (1) shall be (A) given in person, (B) left at the dwelling or usual place of business of such person, or (C) sent by certified or registered mail to such persons's last known address, no less than 30 days before the day of the levy. (3) Jeopardy Paragraph (1) shall not apply to a levy if the Secretary has made a finding under the last sentence of subsection (a) that the collection of tax is in jeopardy. (4) Information included with notice The notice required under paragraph (1) shall include a brief statement which sets forth in simple and nontechnical terms (A) the provisions of this title relating to levy and sale of property, (B) the procedures applicable to the levy and sale of property under this title, (C) the administrative appeals available to the taxpayer with respect to such levy and sale and the procedures relating to such appeals, (D) the alternatives available to taxpayers which could prevent levy on the property (including installment agreements under section 6159), (E) the provisions of this title relating to redemption of property and release of liens on property, and (F) the procedures applicable to the redemption of property and the release of a lien on property under this title. (e) Continuing levy on salary and wages The effect of a levy on salary or wages payable to or received by a taxpayer shall be continuous from the date such levy is first made until such levy is released under section 6343. (f) Uneconomical levy No levy may be made on any property if the amount of the expenses which the Secretary estimates (at the time of levy) would be incurred by the Secretary with respect to the levy and sale of such property exceeds the fair market value of such property at the time of levy. (g) Levy on appearance date of summons (1) In general No levy may be made on the property of any person on any day on which such person (or officer or employee of such person) is required to appear in response to a summons issued by the Secretary for the purpose of collecting any underpayment of tax. (2) No application in case of jeopardy This subsection shall not apply if the Secretary finds that the collection of tax is in jeopardy. (h) Continuing levy on certain payments (1) In general If the Secretary approves a levy under this subsection, the effect of such levy on specified payments to or received by a taxpayer shall be continuous from the date such levy is first made until such levy is released. Notwithstanding section 6334, such continuous levy shall attach to up to 15 percent of any specified payment due to the taxpayer. (2) Specified payment For the purposes of paragraph (1), the term ''specified payment'' means (A) any Federal payment other than a payment for which eligibility is based on the income or assets (or both) of a payee, (B) any payment described in paragraph (4), (7), (9), or (11) of section 6334(a), and (C) any annuity or pension payment under the Railroad Retirement Act or benefit under the Railroad Unemployment Insurance Act. (i) No levy during pendency of proceedings for refund of divisible tax (1) In general No levy may be made under subsection (a) on the property or rights to property of any person with respect to any unpaid divisible tax during the pendency of any proceeding brought by such person in a proper Federal trial court for the recovery of any portion of such divisible tax which was paid by such person if (A) the decision in such proceeding would be res judicata with respect to such unpaid tax; or (B) such person would be collaterally estopped from contesting such unpaid tax by reason of such proceeding. (2) Divisible tax For purposes of paragraph (1), the term ''divisible tax'' means (A) any tax imposed by subtitle C; and (B) the penalty imposed by section 6672 with respect to any such tax. (3) Exceptions (A) Certain unpaid taxes This subsection shall not apply with respect to any unpaid tax if (i) the taxpayer files a written notice with the Secretary which waives the restriction imposed by this subsection on levy with respect to such tax; or (ii) the Secretary finds that the collection of such tax is in jeopardy. (B) Certain levies This subsection shall not apply to (i) any levy to carry out an offset under section 6402; and (ii) any levy which was first made before the date that the applicable proceeding under this subsection commenced. (4) Limitation on collection activity; authority to enjoin collection (A) Limitation on collection No proceeding in court for the collection of any unpaid tax to which paragraph (1) applies shall be begun by the Secretary during the pendency of a proceeding under such paragraph. This subparagraph shall not apply to (i) any counterclaim in a proceeding under such paragraph; or (ii) any proceeding relating to a proceeding under such paragraph. (B) Authority to enjoin Notwithstanding section 7421(a), a levy or collection proceeding prohibited by this subsection may be enjoined (during the period such prohibition is in force) by the court in which the proceeding under paragraph (1) is brought. (5) Suspension of statute of limitations on collection The period of limitations under section 6502 shall be suspended for the period during which the Secretary is prohibited under this subsection from making a levy. (6) Pendency of proceeding For purposes of this subsection, a proceeding is pending beginning on the date such proceeding commences and ending on the date that a final order or judgment from which an appeal may be taken is entered in such proceeding. (j) No levy before investigation of status of property (1) In general For purposes of applying the provisions of this subchapter, no levy may be made on any property or right to property which is to be sold under section 6335 until a thorough investigation of the status of such property has been completed. (2) Elements in investigation For purposes of paragraph (1), an investigation of the status of any property shall include (A) a verification of the taxpayer's liability; (B) the completion of an analysis under subsection (f); (C) the determination that the equity in such property is sufficient to yield net proceeds from the sale of such property to apply to such liability; and (D) a thorough consideration of alternative collection methods. (k) No levy while certain offers pending or installment agreement pending or in effect (1) Offer-incompromise pending No levy may be made under subsection (a) on the property or rights to property of any person with respect to any unpaid tax (A) during the period that an offerin-compromise by such person under section 7122 of such unpaid tax is pending with the Secretary; and (B) if such offer is rejected by the Secretary, during the 30 days thereafter (and, if an appeal of such rejection is filed within such 30 days, during the period that such appeal is pending). For purposes of subparagraph (A), an offer is pending beginning on the date the Secretary accepts such offer for processing. (2) Installment agreements No levy may be made under subsection (a) on the property or rights to property of any person with respect to any unpaid tax (A) during the period that an offer by such person for an installment agreement under section 6159 for payment of such unpaid tax is pending with the Secretary; (B) if such offer is rejected by the Secretary, during the 30 days thereafter (and, if an appeal of such rejection is filed within such 30 days, during the period that such appeal is pending); (C) during the period that such an installment agreement for payment of such unpaid tax is in effect; and (D) if such agreement is terminated by the Secretary, during the 30 days thereafter (and, if an appeal of such termination is filed within such 30 days, during the period that such appeal is pending). (3) Certain rules to apply Rules similar to the rules of paragraphs (3), (4), and (5) of subsection (i) shall apply for purposes of this subsection. (l) Cross references (1) For provisions relating to jeopardy, see subchapter A of chapter 70. (2) For proceedings applicable to sale of seized property see section 6335. (3) For release and notice of release of levy, see section 6343. on of Taxes I I L E V Y *** Sec. 6332. Surrender of property subject to levy *** Parallel authorities for 26 USC 6331 (from CFR) [NB: because this service is automated, and the information it uses relatively volatile, this listing may not be complete and is presented for reference only. You may want to consult the House of Representatives parallel table of authorities for a complete listing.] 27 CFR part 70 ____________________________________ _____________________ United States Code TITLE 26 - INTERNAL REVENUE CODE Subtitle F - Procedure and Administration CHAPTER 64 COLLECTION Subchap ter D Seizure of Property for Collecti P A R T (a) Requirement Except as otherwise provided in this section, any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Secretary, surrender such property or rights (or discharge such obligation) to the Secretary, except such part of the property or rights as is, at the time of such demand, subject to an attachment or execution under any judicial process. (b) Special rule for life insurance and endowment contracts (1) In general A levy on an organization with respect to a life insurance or endowment contract issued by such organization shall, without necessity for the surrender of the contract document, constitute a demand by the Secretary for payment of the amount described in paragraph (2) and the exercise of the right of the person against whom the tax is assessed to the advance of such amount. Such organization shall pay over such amount 90 days after service of notice of levy. Such notice shall include a certification by the Secretary that a copy of such notice has been mailed to the person against whom the tax is assessed at his last known address. (2) Satisfaction of levy Such levy shall be deemed to be satisfied if such organization pays over to the Secretary the amount which the person against whom the tax is assessed could have had advanced to him by such organization on the date prescribed in paragraph (1) for the satisfaction of such levy, increased by the amount of any advance (including contractual interest thereon) made to such person on or after the date such organization had actual notice or knowledge (within the meaning of section 6323(i)(1)) of the existence of the lien with respect to which such levy is made, other than an advance (including contractual interest thereon) made automatically to maintain such contract in force under an agreement entered into before such organization had such notice or knowledge. (3) Enforcement proceedings The satisfaction of a levy under paragraph (2) shall be without prejudice to any civil action for the enforcement of any lien imposed by this title with respect to such contract. (c) Special rule for banks Any bank (as defined in section 408(n)) shall surrender (subject to an attachment or execution under judicial process) any deposits (including interest thereon) in such bank only after 21 days after service of levy. (d) Enforcement of levy (1) Extent of personal liability Any person who fails or refuses to surrender any property or rights to property, subject to levy, upon demand by the Secretary, shall be liable in his own person and estate to the United States in a sum equal to the value of the property or rights not so surrendered, but not exceeding the amount of taxes for the collection of which such levy has been made, together with costs and interest on such sum at the underpayment rate established under section 6621 from the date of such levy (or, in the case of a levy described in section 6331(d)(3), from the date such person would otherwise have been obligated to pay over such amounts to the taxpayer). Any amount (other than costs) recovered under this paragraph shall be credited against the tax liability for the collection of which such levy was made. (2) Penalty for violation In addition to the personal liability imposed by paragraph (1), if any person required to surrender property or rights to property fails or refuses to surrender such property or rights to property without reasonable cause, such person shall be liable for a penalty equal to 50 percent of the amount recoverable under paragraph (1). No part of such penalty shall be credited against the tax liability for the collection of which such levy was made. (e) Effect of honoring levy Any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made who, upon demand by the Secretary, surrenders such property or rights to property (or discharges such obligation) to the Secretary (or who pays a liability under subsection (d)(1)) shall be discharged from any obligation or liability to the delinquent taxpayer and any other person with respect to such property or rights to property arising from such surrender or payment. (f) Person defined The term ''person,'' as used in subsection (a), includes an officer or employee of a corporation or a member or employee of a partnership, who as such officer, employee, or member is under a duty to surrender the property or rights to property, or to discharge the obligation. Parallel authorities for 26 USC 6332 (from CFR) [NB: because this service is automated, and the information it uses relatively volatile, this listing may not be complete and is presented for reference only. You may want to consult the House of Representatives parallel table of authorities for a complete listing.] 27 CFR part 70 ____________________________________ ______________________________ payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution. United States Code TITLE 26 - INTERNAL REVENUE CODE Subtitle F - Procedure and Administration CHAPTER 75 CRIMES, OTHER OFFENSES, AND FORFEITURES Subchap ter A Crimes P A R T I G E N E R A L P R O V I S I O N S Parallel authorities for 26 USC 7201 (from CFR) [NB: because this service is automated, and the information it uses relatively volatile, this listing may not be complete and is presented for reference only. You may want to consult the House of Representatives parallel table of authorities for a complete listing.] There appear to be no parallel authorities in CFR for this section (26 USC 7201). _________________________ _________________________ __ United States Code TITLE 26 - INTERNAL REVENUE CODE Subtitle F - Procedure and Administration CHAPTER 75 CRIMES, OTHER OFFENSES, AND FORFEITURES Subchap ter A Crimes P A R T I - *** Sec. 7201. Attempt to evade or defeat tax *** G E N E R A L Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the P R O V I S I O N S *** Sec. 7203. Willful failure to file return, supply information, or pay tax *** Any person required under this title to pay any estimated tax or tax, or required by this title or by regulations made under authority thereof to make a return, keep any records, or supply any information, who willfully fails to pay such estimated tax or tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25,000 ($100,000 in the case of a corporation), or imprisoned not more than 1 year, or both, together with the costs of prosecution. In the case of any person with respect to whom there is a failure to pay any estimated tax, this section shall not apply to such person with respect to such failure if there is no addition to tax under section 6654 or 6655 with respect to such failure. In the case of a willful violation of any provision of section 6050I, the first sentence of this section shall be applied by substituting ''felony'' for ''misdemeanor'' and ''5 years'' for ''1 year''. Parallel authorities for 26 USC 7203 (from CFR) [NB: because this service is automated, and the information it uses relatively volatile, this listing may not be complete and is presented for reference only. You may want to consult the House of Representatives parallel table of authorities for a complete listing.] There appear to be no parallel authorities in CFR for this section (26 USC 7203). ____________________________________ ____________________________________ ____________________________________ ____________________________________ Department of the Treasury Internal Revenue Service (agency employed] File #1 Exhibit List Only & File #2 102 Exhibit Pages File #1 - Send to the Internal Revenue Service with their letter attached [exhibit list only) File #2 - Save For Further Use 26CFR Refers to “Internal Revenue Codes” , and 27CFR - Refers to “Alcohol, Tobacco Products and Firearms Codes” Exhibit A - Title 44 -Chapter 15 - Sections 1501 and 1505 - Public Printing and Documents “Legal Documents Authorized To Be Published by Regulations by Act of Congress in the Federal Register”. (5 pages) Exhibit B - Title 26 - IRC - Procedure and Administration Subtitle F - Information and Returns ,, CHAPTERS (1 page) Exhibit C - Chapter 61 - IRC Section 6020 Returns Prepared for, or Executed by Secretary, “If any Person Fails to Make a Return”---- “Including Internal Revenue Agents “IRM” Sections” --Parallel Table Authorities, “27CFR part 53” and “27 CFR part 70” - (13 pages) Exhibit D - Chapter 62 - IRC Section 6151 “Time and Place For Paying Tax”---Parallel Table Authorities, “27CFR’s” (5 pages) Exhibit E - Chapter 63 - IRC Section 6201 “Assessment Authority” --- Parallel Table Authorities, “27CFR” (6 pages) e) IRC Section 6335 - “Sale of Seized Property” - Parallel Table Authority, “27CFR” Exhibit G - Chapter 68 - “Assessable Penalties” (7 pages) Exhibit F - Chapter 64 Collection - Subchapter A - “Additions to the Tax and Additional Amounts” Subchapter A - “General Provisions” (8 pages) a) IRC Section 6651 - “Failure to File Tax Return or to Pay Tax” - Parallel Table Authority, “27CFR’s” a) IRC Sections 6301 - “Collection Authority” Parallel Table Authorities , “27CFR’s” b) IRC Section 6303 - “Notice and Demand For Tax” - Parallel Table Authorities, “27CFR’s” Subchapter C - “Lien for Taxes” (3 pages) a) IRC Section 6321 - “Lien for Taxes” - Parallel Table Authorities, “27CFR” Subchapter D “Seizure of Property for Collection of Taxes” (18 pages) a ) IRC Section 6331 - “Levy and Distraint” Parallel Table Authority, “27CFR” b) IRC Section 6332 - “Seizure of Property for Collection of Taxes” - Parallel Table Authority, “27CFR” c) IRC Section 6333 - “Production of Books” Parallel Table Authority, “27CFR” d) IRC Section 6334 - “Property Exempt From Levy” - Parallel Table Authorities, “27CFR Part 70”,, and “26CFR Part 404” Exhibit H Chapter 75 - “Crimes and Other Offenses, and Forfeitures” (10 pages) Subchapter A - “Crimes” a) IRC Section 7201 - “Attempt to Evade or Defeat Tax”, Parallel Table Authority, “NO PARALLEL AUTHORITY” “NOT LAW” b) IRC Section 7203 - “Willful Failure to File Return”, Parallel Table Authority, “NO PARALLEL AUTHORITY” “NOT LAW” c) IRC Section 7207 - “Fraudulent Returns” , Parallel Table Authority”, “27CFR” Exhibit I - Chapter 76 (16 pages) “Judicial Proceedings” Subchapter A “Civil Actions by the United States” a) IRC Section 7401 - “Authorization”, Parallel Table Authority, “27CFR” b) IRC Section 7402 - “Jurisdiction of District Courts”, Parallel Table Authority, “NO PARALLEL AUTHORITY “ “NOT LAW” Chapter 229 - “Postsentence Administration” c) IRC Section 7403 - “Action to Enforce Lien or to Subject Property to Payment of Tax” , Parallel Table Authority, “27CFR” d) IRC Section 7404 - “Authority to Bring Civil Action for Estate Taxes”, Parallel Table Authority, “NO PARALLEL AUTHORITY” , “NOT LAW” e) IRC Section 7410 - “Cross References”, Parallel Table Authority, “NO PARALLEL AUTHORITY” “NOT LAW” Subchapter C - “The Tax Court” a) IRC Section 7442 - “Part 1 - Organization and Jurisdiction”, Parallel Table Authority, “NO PARALLEL AUTHORITY” “NOT LAW” Exhibit J - “ Title 18 “ - “Crimes and Criminal Procedure” (10 pages) “Part 11 - Criminal Procedure” a) Section 3613 - “Fines” , Parallel Table Authority, “NO PARALLEL AUTHORITY” “NOT LAW” ___________________________________________ _____________________________ ***** NOTICE BELOW THAT SECTION 1.1-1 ON THE CURRENT OMB LIST BELOW HAS BEEN REMOVED BUT THIS SECTION IS STILL IN EFFECT, AS SEEN ON THE 1994 CFR OMB LIST, AS WELL AS ALL OTHER OMB LISTS FROM 1985 TO 1994. THE FORM THAT IS REQUIRED FOR SECTION 1.1-1 LISTED ON THE OMB, IS “FORM 2555”, FOREIGN INCOME ***** ** PART 1 , SECTION 1, OF THE INTERNAL REVENUE CODE BOOK IS ** Chapter 203 - “Arrest and Commitment” a) Section 3045 - “Internal Revenue Violations” , Parallel Table Authority, “NO PARALLEL AUTHORITY” “NOT LAW” Chapter 211 - “Jurisdiction and Venue” a) Section 3231 - “District Courts” , Parallel Table Authority, “NO PARALLEL AUTHORITY” “NOT LAW” ** “TAX ON INDIVIUALS” ** ====================================== ========================== [Code of Federal Regulations] [Title 26, Volume 19, Parts 600 to end] [Revised as of April 1, 1999] From the U.S. Government Printing Office via GPO Access [CITE: 26CFR602.101] [Page 145-161] TITLE 26--INTERNAL REVENUE CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY-- (Continued) (This book contains part 600 to End) PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT--Table of Contents Act), for the display of control numbers assigned by OMB to collections of information in Internal Revenue Service regulations.... ___________________________________ ___________________ 26 CFR (4-1-94 Edition) *** Sec. 602.101 OMB Control numbers *** (a) Purpose. This part collects and displays the control numbers assigned to collections of information in Internal Revenue Service regulations by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1980. The Internal Revenue Service intends that this part comply with the requirements of Secs. 1320.7(f), 1320.12, 1320.13, and 1320.14 of 5 CFR part 1320 (OMB regulations implementing the Paperwork Reduction Act), for the display of control numbers assigned by OMB to collections of information in Internal Revenue Service regulations. This part does not display control numbers assigned by the Office of Management and Budget to collections of information of the Bureau of Alcohol, Tobacco, and Firearms. (b) Display. --------------------------------------------------------------------------------------------Current OMB CFR part or section where identified and described control No. ---------------------------------------------------------------------------------------------- 1.235...................................................…………………… …………………. 1545-0074 http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi? =TEXT (1.23-5 Certification procedures). *** Section 602.101. OMB Control numbers *** (a) Purpose.. This part collects and displays the control numbers assigned to collections of information in Internal Revenue Service regulations by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1980. The Internal Revenue Service intends that this part comply with the requirements of .... (OMB regulations implementing the Paperwork Reduction CFR part or section where Current identified and described OMB Control No. ___________________________________ ___________________ 1.1-1 .................................. 1545-0067 1.235.................................. 1545-0074 ___________________________________ ______________________ You Selected 1 file(s). Click on a title below to retrieve an item. You selected file(s) using the Portable Document Format (PDF). Special software is required to view and print PDF documents. See our help section for information on how to retrieve a free copy of this software. . THE TAX FORM BELOW HAS A OMB NUMBER “#1545-0067, (ABOVE)” CLICK ON THE 1999 FORM 2555 BELOW TO VERIFY 1999 Form 2555 Foreign Earned Income ( 29K) Adobe PDF ______________________________ _________________________________ _________________________________ _________________________________ ______ [Federal Register: May 26, 1994] DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 602 [TD 8335] RIN 1545-AO88 OMB Control Numbers Under the Paperwork Reduction Act; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendments. --------------------------------------------------------------------- The technical amendments to Sec. 602.101(c) that are the subject of these corrections comply with the requirements of Secs. 1320.7(f), 1320.12 and 1320.15 of 5 CFR part 1320 (OMB regulations implementing the Paperwork Reduction Act and amendments thereto by the Paperwork Reduction Reauthorization Act of 1986), for display of control numbers assigned by OMB to collections of information in Internal Revenue Service regulations. Need for Correction SUMMARY: This document contains corrections to the technical amendments to Sec. 602.101(c) published as TD 8335 on Monday, March 4, 1991 (56 FR 8912). This regulation collects and displays the control numbers assigned to regulations by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1980 and the Paperwork Reduction Reauthorization Act of 1986, which require that agencies display control numbers assigned by that Office to regulations that solicit or obtain information from the public. EFFECTIVE DATE: March 4, 1991. FOR FURTHER INFORMATION CONTACT: Carol Savage, (202) 6228452 (not a toll-free number). SUPPLEMENTARY INFORMATION: As published, the technical amendments to TD 8335 contains errors which may prove to be misleading and are in need of clarification. List of Subjects in 26 CFR Part 602 Reporting and recordkeeping requirements. Accordingly, 26 CFR part 602 is corrected as follows: PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT Paragraph 1. The authority for part 602 continues to read as follows: Authority: 26 U.S.C. 7805. Background Sec. 602.101 [Corrected] Par. 2. The table under Sec. 602.101(c) is amended by removing the entry for ``1.1-1'' and amending the entry for ``1.6012-1'' by adding in numerical order under ``Current OMB Control No.'' the number ``1545- 0067.'' Cynthia E. Grigsby, Chief, Regulations Unit, Assistant Chief Counsel (Corporate). [FR Doc. 94-12563 Filed 5-2594; 8:45 am] BILLING CODE: 4830-01-P (click 2 times on the “E” below and it will take you to this original document if you are online now) [Federal Register: May 26, 1994] ______________________________ ___________________________ Internal Revenue Manual 3 Internal Revenue Manual 3(17)(63)(14).1 Account 6110 Tax Assessments (2) All tax assessments must be recorded on Form 23C Assessment Certificate. The Assessment Certificate must be signed by the Assessment Officer and dated. The Assessment Certificate is the legal document that permits collection activity… Internal Revenue Manual 3(17)(46)2.3 Certification (1) All assessments must be certified by signature of an authorized official on Form 23-C, Assessment Certificate. A signed Form 23C authorizes issuance of notices and other collection action… (2) Some assessments are prescribed for expeditious action as and be certified on a daily basis. These assessments will require immediate preparation of Form 23C from RACS… Form 23C is described in Document 7130, IRS Printed Product Catalog as: 23C - Assessment CertificateSummary Record of Assessments Form 23C is used to official assess tax liabilities. Th retained in the Service Center case file as a legal do assessment made against the taxpayer. This status n update the status notice file. TR:R:A Internal Use procedures A were followed in making the assessments… Sregulation provides, in relevant 3 This part,Ethat "[t]he assessment shall be made by an assessment officer signing the S summary record of assessment… ___________________________________________ ___________________________________________ ___________________________________________ _______________ Territorial Jurisdiction CURLEY v. U.S. Cite as 791 F. Supp 52 (E.D.N.Y. 1992) … [5] Plaintiff relies heavily on Brafman v. United States, 384 F.2d 863 (5th Cir. 1967), where an assessment was invalidated due to the lack of a signature on the 23C Form. This defect, however, was a significant violation of the regulation… …A signature requirement protects the taxpayer by ensuring that a responsible officer has approved the assessment… 764 FEDERAL SUPPLEMENT Page 315 BREWER v. U.S. Cite as 764 F.Supp. 309 (S.D.N.Y. 1991) …However, there is no indication in the record before us that the "Summary Report of Assessments", known as Form 23C, was completed and signed by the assessment officer as required by 26 CFR § 301.6203-1.3 Nor do the Certificates of Assessments and Payments contain 23C dates which would allow us to conclude that a Form 23C form was signed on that date. See United States v. Dixon, 672 F. Supp. 503, 505-506 (M.D.Ala.1987). Thus we find that the plaintiff has raised a factual question concerning whether IRS The Federal Government is lacking Territorial Jurisdiction. They have Jurisdiction in the District of Colombia, and all insular possessions. In the U.S. Supreme Court case; United States v. Lopez, 1995, the Territorial Jurisdiction is addressed. Demand to have this case dismissed on the grounds that the accusing parties lack Territorial Jurisdiction of the exact Geographical location that this alleged criminal activity took place. 1) I WANT THE DOCUMENTATION “SHOWING” OWNERSHIP OF EACH AND EVERY GEOGRAPHICAL LOCATION MENTIONED IN THE ALLEGED INDICTMENT WHERE THE ALLEGED ACTIVITY TOOK PLACE. 2) DOCUMENTATION FROM THE LEGISLATURE OF THE STATE OF OREGON SURRENDERING JURISDICTION TO THE SAME GEOGRAPHICAL LOCATION. 3) DOCUMENTATION PURSUANT TO TITLE 40 U.S.C. SECTION 255 WHERE THE UNITED STATES ACCEPTED JURISDICTION IN SAME GEOGRAPHICAL LOCATION, OR DOCUMENTATION SHOWING CONCURRENT JURISDICTION WITH THE STATE OF OREGON OVER THIS SAME PARTICULAR AREA. EXHIBITS A) 5 USCS Section 5512 “Due Process”, Right to “Administrative Review” B) “Federal Jurisdiction v. State’s Jurisdiction” 1) CAHA V. UNITED STATES 2) NEW ORLEANS V. UNITED STATES C) UNITED STATES V. LOPEZ; released from prison because of the “Lack” of Federal Jurisdiction and State Jurisdiction Laws do not apply to State Territories unless it is related to Inter-State Commerce. Congress has no Legislative Authority on State Land. (National Civil Liberty Legal Foundation , Milwaukee, Jean Zimmermann (Zimmermann & Asscoiates) for Robert Bon (Von?) Federal Laws are Supreme in D.C and other geographical insular areas ____________________________________ __________________________________ SUPREME COURT CASES All Regualtions Must Be Impemented on by an Act of Congress in order for the Regulations to have a “Force and Effect” of Law. 1) United States v. Mersky 361 US 431, 4L ed 2d 423 2) The California Bankers Ass. v. Shultz 416 US 21, 39 L Ed 2d 812 IRS RESTRUCTURING AND REFORM ACT OF 1998 SECTION 3001 - BURDEN OF PROOF D) US Code: Title 4, Section 72, “Governments Restrictive Jurisdiction” US CODE ; TITLE 5, SECTIION 556 BURDEN OF PROOF E) US Code: Title 40, Section 255, Please provide documentation pursuant Title 40 USC Section 255, where the United States accepted jurisdiction in same geographical location, or documentation showing concurrent jurisdiction with the State of Oregon over this particular area. Supreme Court has ruled that Federal IRS RESTRUCTURING AND REFORM ACT OF 1998 - SECTION 1203 TERMINATION OF EMPLOYMENT FOR MISCONDUCT ____________________________________ ____________________________________ ___________________________________________ _____________________________Via Executive Order #10289, as amended, the President authorized the Secretary of the Treasury to establish revenue districts under authority of section 7621 of the Internal Revenue Code. Although section 7621 isn't listed in the Parallel Table of Authorities and Rules, E.O. #10289 is. The implementing regulation is Part 101 of title 19 of the Code of Federal Regulations. The regulation establishes customs collection offices in each State of the Union; it does not establish internal revenue districts. A note at Part 301.7621-1 of title 26 of the Code of Federal Regulations confirms that E.O. #10289 is the only authority for establishing revenue districts. United States Code TITLE 26 - INTERNAL REVENUE CODE Subtitle F - Procedure and Administration CHAPTER 78 DISCOVERY OF LIABILITY AND ENFORCEMEN T OF TITLE Subchap ter B General Powers and Duties Sec. 7621. Internal revenue districts (a) Establishment and alteration The President shall establish convenient internal revenue districts for the purpose of administering the internal revenue laws. The President may from time to time alter such districts. (b) Boundaries For the purpose mentioned in subsection (a), the President may subdivide any State, or the District of Columbia, or may unite into one district two or more States. Parallel authorities for 26 USC 7621 (from CFR) [NB: because this service is automated, and the information it uses relatively volatile, this listing may not be complete and is presented for reference only. You may want to consult the House of Representatives parallel table of authorities for a complete listing.] There appear to be no parallel authorities in CFR for this section (26 USC 7621). DELEGATION OF FUNCTIONS **** For delegation to Secretary of the Treasury of authority vested in President by this section, see section 1(g) of Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, as amended, set out as a note under section 301 of Title 3, (below) The President ___________________________________________ ______________________________________ ______________________________ ____________ United States Code (This section is listed below in Notes Title 3, Section 301) TITLE 19 - CUSTOMS DUTIES CHAPTER 1 COLLECTION DISTRICTS, PORTS, AND OFFICERS Sec. 2. Rearrangement and limitation of districts; changing locations The President is authorized from time to time, as the exigencies of the service may require, to rearrange, by consolidation or otherwise, the several customscollection districts and to discontinue ports of entry by abolishing the same or establishing others in their stead. The President is authorized from time to time to change the location of the headquarters in any customs-collection district as the needs of the service may require. Parallel authorities for 19 USC 2 (from CFR) [NB: because this service is automated, and the information it uses relatively volatile, this listing may not be complete and is presented for reference only. You may want to consult the House of Representatives parallel table of authorities for a complete listing.] 19 CFR part 101 TITLE 19--CUSTOMS DUTIES CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY PART 101--GENERAL PROVISIONS Sec. 101.0 Scope. [PDF] 101.1 Definitions. [PDF] 101.2 Authority of Customs officers. [PDF] 101.3 Customs service ports and ports of entry. [PDF] 101.4 Entry and clearance of vessels at Customs stations. [PDF] 101.5 Customs preclearance offices in foreign countries. [PDF] 101.6 Hours of business. [PDF] 101.7 Customs seal. [PDF] 101.8 Identification cards. [PDF] 101.9 Test programs or procedures; alternate requirements. [PDF] ____________________________________ ___________________________________ Notes on Title 3, Section 301 (MENTIONED ABOVE) SOURCE (Added Oct. 31, 1951, ch. 655, Sec. 10, 65 Stat. 712.) -TRANS- TREASURY Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, as amended by Ex. Ord. No. 10583, Dec. 18, 1954, 19 F.R. 8725; Ex. Ord. No. 10882, July 18, 1960, 25 F.R. 6869; Ex. Ord. No. 11110, June 4, 1963, 28 F.R. 5605; Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R. 1003; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: 1. The Secretary of the Treasury is hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 1 of the act of August 1, 1914, ch. 223, 38 Stat. 609, 623, as amended (19 U.S.C. 2), (1) to rearrange, by consolidation or otherwise, the several customs-collection districts, (2) to discontinue ports of entry by abolishing the same and establishing others in their stead, and (3) to change from time to time the location of the headquarters in any customs-collection district as the needs of the service may require. (b) The authority vested in the President by section 1 of the Anti-Smuggling Act of August 5, 1935, c. 438, 49 Stat. 517 (19 U.S.C. 1701), (1) to find and declare that at any place or within any area on the high seas adjacent to but outside customs waters any vessel or vessels hover or are being kept off the coast of the United States and that, by virtue of the presence of any such vessel or vessels at such place or within such area, the unlawful introduction or removal into or from the United States of any merchandise or person is being, or may be, occasioned, promoted, or threatened, (2) to find and declare that certain waters on the high seas are in such proximity to such vessel or vessels that such unlawful introduction or removal of merchandise or persons may be carried on by or to or from such vessel or vessels, and (3) to find and declare that, within any customs-enforcement area, the circumstances no longer exist which gave rise to the declaration of such area as a customs-enforcement area. (c) The authority vested in the President by section 1 of the Act of August 26, 1985, Public Law 98-89, 97 Stat. 510 (46 U.S.C. 3101); to suspend the provisions of law requiring the inspection of foreign-built vessels admitted to American registry. (d) The authority vested in the President by section 5 of the act of May 28, 1908, ch. 212, 35 Stat. 425, as amended (46 U.S.C. Appendix 104), to determine (as a prerequisite to the extension of reciprocal privileges by the Commissioner of Customs) that yachts used and employed exclusively as pleasure vessels and belonging to any resident of the United States are allowed to arrive at and depart from any foreign port and to cruise in the waters of such port without entering or clearing at the custom-house thereof and without the payment of any charges for entering or clearing, dues, duty per ton, tonnage taxes, or charges for cruising licenses. (e) The authority vested in the President by section 2 of the act of March 24, 1908, ch. 96, 35 Stat. 46 (46 U.S.C. Appendix 134), to name the hospital ships to which section 1 of the said act (46 U.S.C. Appendix 133), shall apply and to indicate the time when the exemptions thereby provided for shall begin and end. (f) The authority vested in the President by section 4228 of the Revised Statutes, as amended (46 U.S.C. Appendix 141), (1) to declare that - upon satisfactory proof being given by the government of any foreign nation that no discriminating duties of tonnage or imports are imposed or levied in the ports of such nation upon vessels wholly belonging to citizens of the United States, or upon the produce, manufactures or merchandise imported in the same from the United States or from any foreign country - the foreign discriminating duties of tonnage and impost within the United States are suspended and discontinued, so far as respect the vessels of such foreign nation, and the produce, manufactures, or merchandise imported into the United States from such foreign nation, or from any other foreign country, and (2) to suspend in part the operation of section 4219 of the Revised Statutes, as amended (46 U.S.C. Appendix 121), and section IV, J, subsection 1 of the act of October 3, 1913, c. 16 38 Stat. 195, as amended (46 U.S.C. Appendix 146), so that foreign vessels from a country imposing partial discriminating tonnage duties upon American vessels, or partial discriminating import duties upon American merchandise, may enjoy in our ports the identical privileges which the same class of American vessels and merchandise may enjoy in such country: Provided, That prior to the issuance of an order of the Secretary of the Treasury suspending and discontinuing (wholly or in part) discriminating tonnage duties, imposts, and import duties within the United States, the Department of State shall obtain and furnish to the Secretary of the Treasury the proof required by the said sections 4228, as amended, as the basis for that order. (g) The authority vested in the President by section 3650 of the Internal Revenue Code (section 3650 of the Internal Revenue Code of 1939) (see 26 U.S.C. 7621), to establish convenient collection districts (for the purpose of assessing, levying, and collecting the taxes provided by the internal revenue laws), and from time to time to alter such districts. (h) The authority which is now vested in the President by section 2564(b) of the Internal Revenue Code (section 2564(b) of the Internal Revenue Code of 1939), and which on and after January 1, 1955, will be vested in the President by section 4735(b) of the Internal Revenue Code of 1954 (former 26 U.S.C. 4735(b)), to issue, in accordance with the provisions of the said section 2564(b) or 4735(b), as the case may be, orders providing for the registration and the imposition of a special tax upon all persons in the Canal Zone who produce, import, compound, deal in, dispense, sell, distribute, or give away narcotic drugs. (i) The authority vested in the President by Section 5318 of the Revised Statutes, as amended (19 U.S.C. 540), to employ suitable vessels other than Coast Guard cutters in the execution of laws providing for the collection of duties on imports and tonnage;(.) 2. The Secretary of the Treasury is hereby designated and empowered to perform without the approval, ratification, or other action of the President the following functions which have heretofore, under the respective provisions of law cited, required the approval of the President in connection with their performance by the Secretary of the Treasury: (a) The authority vested in the Secretary of the Treasury by section 6 of the act of July 8, 1937, ch. 444, 50 Stat. 480 (40 U.S.C. 728), to make rules and regulations necessary for the execution of the functions vested in the Secretary of the Treasury by the said act, as amended. (b), (c) (Revoked by Ex. Ord. No. 11110, June 4, 1963, 28 F.R. 5605.) (d) (Revoked by Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R. 1003.) (e) The authority vested in the Secretary of the Treasury by section 1 of Title II of the act of June 15, 1917, ch. 30, 40 Stat. 220 (50 U.S.C. 191), to make rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States. 3. (a) The Secretary of the Treasury and the Postmaster General (now United States Postal Service) are hereby designated and empowered jointly to prescribe without the approval of the President regulations, under section 1 of the act of July 8, 1937, ch. 444, 50 Stat. 479 (40 U.S.C. 721), governing the shipment of valuables by the executive departments, independent establishments, agencies, wholly-owned corporations, officers, and employees of the United States. (b) The Postmaster General (now United States Postal Service) is hereby designated and empowered to exercise without the approval, ratification, or other action of the President the authority vested in the President by section 504(b) of Title 18 of the United States Code to approve regulations issued by the Secretary of the Treasury under the authority of the said section 504(b) (relating to the printing, publishing, or importation, or the making or importation of the necessary plates for such printing or publishing, of postage stamps for philatelic purposes) (see section 504(2) of title 18), and to approve any amendment or repeal of any of such regulations by the Secretary of the Treasury. 4. As used in this order, the term ''functions'' embraces duties, powers, responsibilities, authority, or discretion, and the term ''perform'' may be construed to mean ''exercise''. 5. All actions heretofore taken by the President in respect of the matters affected by this order and in force at the time of the issuance of this order, including regulations prescribed by the President in respect of such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order. EX. ORD. NO. 10530. DELEGATION OF MISCELLANEOUS FUNCTIONS Ex. Ord. No. 10530, May 10, 1954, 19 F.R. 2709, as amended by Ex. Ord. No. 10573, Oct. 26, 1954, 19 F.R. 6899; Ex. Ord. No. 10682, Oct. 22, 1956, 21 F.R. 8129; Ex. Ord. No. 10759, Mar. 17, 1958, 23 F.R. 1803; Ex. Ord. No. 10790, Nov. 20, 1958, 23 F.R. 9051; Ex. Ord. No. 10836, Sept. 8, 1959, 24 F.R. 7269; Ex. Ord. No. 10852, Nov. 27, 1959, 24 F.R. 9565; Ex. Ord. No. 10889, Oct. 5, 1960, 25 F.R. 9633; Ex. Ord. No. 10903, Jan. 9, 1961, 26 F.R. 217; Ex. Ord. No. 10960, Aug. 21, 1961, 26 F.R. 7823; Ex. Ord. No. 10970, Oct. 27, 1961, 26 F.R. 10149; Ex. Ord. No. 11012, Mar. 27, 1962, 27 F.R. 2983; Ex. Ord. No. 11116, Aug. 5, 1963, 28 F.R. 8075; Ex. Ord. No. 11164, Aug. 1, 1964, 29 F.R. 11257; Ex. Ord. No. 11184, Oct. 13, 1964, 29 F.R. 14155; Ex. ADMINISTRATION ACT SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRAT ION Sec. 201. Short title This subchapter may be cited as the ''Federal Alcohol Administration Act''. Ord. No. 11196, Feb. 2, 1965, 30 F.R. TRANSFER OF FUNCTIONS 1171; Ex. Ord. No. 11222, May 8, 1965, 30 (under notes) F.R. 6469; Ex. Ord. No. 11228, June 14, Federal Alcohol Administration and offices of 1965, 30 F.R. 7739; Ex. Ord. No. 11230, members and Administrator thereof were abolished Sec. 2(1), (3), (5) to (14), June 28, 1965, 30 and their functions directed to be administered under F.R. 8447; Ex. Ord. No. 12107, Dec. 28, direction and supervision of Secretary of Treasury 1978, 44 F.R. 1055; Pub. L. 98-497, title I, through Bureau of Internal Revenue (now Internal Sec. 103(b)(1), Oct. 19, 1984, 98 Stat. Revenue Service) in Department of Treasury, by Reorg. Plan No. III of 1940, Sec. 2, eff. June 30, 2283; Ex. Ord. No. 12608, Sept. 9, 1987, 1940, 5 F.R. 2107, 54 Stat. 1232, set out in the 52 F.R. 34617, provided: Appendix to Title 5, Government Organization and PART I - DIRECTOR OF THE Employees. See also, sections 8 and 9 of said plan for BUREAU OF THE BUDGET provisions relating to transfer of records, property, (Superseded by Ex. Ord. No. 11230, Sec. personnel, and funds. Section 2 of Reorg. Plan No. III of 1940 was repealed as executed by Pub. L. 97-258, 2(1), (3), (5)-(14), June 28, 1965, 30 F.R. Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085, the 8447) first section of which enacted Title 31, Money and PART II - THE OFFICE OF Finance. Department of the Treasury Order 221 PERSONNEL MANAGEMENT of July 1, 1972, established the Bureau of Alcohol, (Superseded by Ex. Ord. No. 11228, Sec. Tobacco and Firearms and transferred to it the alcohol and functions of the Internal Revenue 3(1), (2), (5), June 14, 1965, 30 F.R. 7739) Service. PART III - THE HOUSING AND HOME ___________________________________________ FINANCE ADMINISTRATOR ___________________________________________ (Superseded by Ex. Ord. No. 11196, Feb. ___________________________________________ 2, 1965, 30 F.R. 1171) ______________ This order shall take effect immediately. The United States George Bush. ______________________________ Government Manual -______________________________ 1999 / 2000 ______________________________ ______________________________Links to text files will present the material in ASCII text. Links to PDF files will present the material in publication-quality format. You will ____________ need Adobe Acrobat Reader installed on your computer to view PDF United States Code files. TITLE 27 - INTOXICATING http://www.adobe.com/prodindex/acrobat/ The latest version of LIQUORS Acrobat Reader can be CHAPTER 8 - FEDERALreadstep.html http://www.adobe.com/prodindex/acrobat/ downloaded from Adobe ALCOHOL readstep.html Systems. List of Documents (Open below “text” to page #448 U.S. Government Manual, to see that the Internal Revenue Service is not listed “UNDER SECRETARY for ENFORCEMENT” (1) DEPARTMENT OF THE TREASURY Text 128K (CLICK ON TEXT) PDF 186K 436-468 (2) Now click on this site below, and after it opens, look for “TREASURY ORGANIZATRIONAL MANUAL”, open, then click on “CONTINUE” and it will bring you to the “TREASURY CHART” that does not list the internal revenue service under “ENFORCEMENT ” either! “ http://www.treas.gov/information.html “ Click on the “E” above.This is a very good article! ___________________________________ __________________________________[ Code of Federal Regulations] [Title 26, Volume 19, Parts 600 to end] [Revised as of April 1, 1999] From the U.S. Government Printing Office via GPO Access [CITE: 26CFR601.101] [Page 5-6 CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY-(Continued) (This book contains part 600 to End) PART 601--STATEMENT OF PROCEDURAL RULES--Table of Contents Subpart A--General Procedural Rules Sec. 601.101 Introduction. (a) General. The Internal Revenue Service is a bureau of the Department of the Treasury under the immediate direction of the Commissioner of Internal Revenue. The Commissioner has [[Page 6]] general superintendence of the assessment and collection of all taxes imposed by any law providing internal revenue. The Internal Revenue Service is the agency by which these functions are performed. Within an internal revenue district the internal revenue laws are administered by a district director of internal revenue. The Director, Foreign Operations District, administers the internal revenue laws applicable to taxpayers residing or doing business abroad, foreign taxpayers deriving income from sources within the United States, and taxpayers who are required to withhold tax on certain payments to nonresident aliens and foreign corporations, provided the books and records of those taxpayers are located outside the United States. For purposes TITLE of26--INTERNAL these REVENUE procedural rules any reference to a district director or a district office includes the Director, Foreign Operations District, or the District Office, Foreign Operations District, if appropriate. Generally, the procedural rules of the Service are based on the Internal Revenue Code of 1939 and the Internal Revenue Code of 1954, and the procedural rules in this part apply to the taxes imposed by both Codes except to the extent specifically stated or where the procedure under one Code is incompatible with the procedure under the other Code. Reference to sections of the Code are references to the Internal Revenue Code of 1954, unless otherwise expressly indicated. (b) Scope. This part sets forth the procedural rules of the Internal Revenue Service respecting all taxes administered by the Service, and supersedes the previously published statement (26 CFR (1949 ed., Part 300-End) Parts 600 and 601) with respect to such procedural rules. Subpart A provides a descriptive statement of the general course and method by which the Service's functions are channeled and determined, insofar as such functions relate generally to the assessment, collection, and enforcement of internal revenue taxes. Certain provisions special to particular taxes are separately described in Subpart D of this part. Conference and practice requirements of the Internal Revenue Service are contained in Subpart E of this part. Specific matters not generally involved in the assessment, collection, and enforcement functions are separately described in Subpart B of this part. A description of the rule making functions of the Department of the Treasury with respect to internal revenue tax matters is contained in Subpart F of this part. Subpart G of this part relates to matters of official record in the Internal Revenue Service and the extent to which records and documents are subject to publication or open to public inspection. This part does not contain a detailed discussion of the substantive provisions pertaining to any particular tax or the procedures relating thereto, and for such information it is necessary that reference be made to the applicable provisions of law and the regulations promulgated thereunder. The regulations relating to the taxes administered by the Service are contained in Title 26 of the Code of Federal Regulations. [38 FR 4955, Feb. 23, 1973 and 41 FR 20880, May 21, 1976, as amended at 45 FR 7251, Feb. 1, 1980; 49 FR 36498, Sept. 18, 1984; T.D. 8685, 61 FR 58008, Nov. 12, 1996]