US (United States) Code. Title 26. Subtitle F: Procedure and administration. Chapter 80: General rules

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Internal revenue code

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26 USC CHAPTER 80 - GENERAL RULES 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

-HEAD-

CHAPTER 80 - GENERAL RULES

-MISC1-

Subchapter Sec.(!1)

A. Application of internal revenue laws 7801

B. Effective date and related provisions 7851

C. Provisions affecting more than one subtitle 7871

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 7801, 7851 of this title.

-FOOTNOTE-

(!1) Section numbers editorially supplied.

-End-

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26 USC Subchapter A - Application of Internal Revenue

Laws 01/06/03

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TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter A - Application of Internal Revenue Laws

-HEAD-

SUBCHAPTER A - APPLICATION OF INTERNAL REVENUE LAWS

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Sec.

7801. Authority of Department of the Treasury.

7802. Internal Revenue Service Oversight Board.

7803. Commissioner of Internal Revenue; other officials.

7804. Other personnel.

7805. Rules and regulations.

7806. Construction of title.

7807. Rules in effect upon enactment of this title.

7808. Depositaries for collections.

7809. Deposit of collections.

7810. Revolving fund for redemption of real property.

7811. Taxpayer Assistance Orders.

AMENDMENTS

1998 - Pub. L. 105-206, title I, Secs. 1101(c)(2), 1102(e)(1),

1104(b)(2), July 22, 1998, 112 Stat. 697, 704, 710, added items

7802 to 7804 and struck out former items 7802 "Commissioner of

Internal Revenue; Assistant Commissioners; Taxpayer Advocate", 7803

"Other personnel", and 7804 "Effect of reorganization plans".

1996 - Pub. L. 104-168, title I, Sec. 101(b)(3), July 30, 1996,

110 Stat. 1456, added item 7802 and struck out former item 7802

"Commissioner of Internal Revenue; Assistant Commissioner (Employee

Plans and Exempt Organizations)".

1988 - Pub. L. 100-647, title VI, Sec. 6230(b), Nov. 10, 1988,

102 Stat. 3734, added item 7811.

1983 - Pub. L. 97-473, title II, Sec. 202(c), Jan. 14, 1983, 96

Stat. 2610, added item for subchapter C.

1974 - Pub. L. 93-406, title II, Sec. 1051(c), Sept. 2, 1974, 88

Stat. 951, substituted "Commissioner of Internal Revenue; Assistant

Commissioner (Employee Plans and Exempt Organizations)" for

"Commissioner of Internal Revenue" in item 7802.

1966 - Pub. L. 89-719, title I, Sec. 112(c), Nov. 2, 1966, 80

Stat. 1146, added item 7810.

-End-

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26 USC Sec. 7801 01/06/03

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TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter A - Application of Internal Revenue Laws

-HEAD-

Sec. 7801. Authority of Department of the Treasury

-STATUTE-

(a) Powers and duties of Secretary

(1) In general

Except as otherwise expressly provided by law, the

administration and enforcement of this title shall be performed

by or under the supervision of the Secretary of the Treasury.

(2) Administration and enforcement of certain provisions by

Attorney General

(A) In general

The administration and enforcement of the following

provisions of this title shall be performed by or under the

supervision of the Attorney General; and the term "Secretary"

or "Secretary of the Treasury" shall, when applied to those

provisions, mean the Attorney General; and the term "internal

revenue officer" shall, when applied to those provisions, mean

any officer of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives so designated by the Attorney General:

(i) Chapter 53.

(ii) Chapters 61 through 80, to the extent such chapters

relate to the enforcement and administration of the

provisions referred to in clause (i).

(B) Use of existing rulings and interpretations

Nothing in this Act (!1) alters or repeals the rulings and

interpretations of the Bureau of Alcohol, Tobacco, and Firearms

in effect on the effective date of the Homeland Security Act of

2002, which concern the provisions of this title referred to in

subparagraph (A). The Attorney General shall consult with the

Secretary to achieve uniformity and consistency in

administering provisions under chapter 53 of title 26, United

States Code.

[(b) Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, 1078]

(c) Functions of Department of Justice unaffected

Nothing in this section or section 301(f) of title 31 shall be

considered to affect the duties, powers, or functions imposed upon,

or vested in, the Department of Justice, or any officer thereof, by

law existing on May 10, 1934.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 915; Pub. L. 86-368, Sec. 1,

Sept. 22, 1959, 73 Stat. 647; Pub. L. 88-426, title III, Sec.

305(39), Aug. 14, 1964, 78 Stat. 427; Pub. L. 94-455, title XIX,

Sec. 1906(b)(13)(B), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97-258,

Secs. 2(f)(1), 5(b), Sept. 13, 1982, 96 Stat. 1059, 1068, 1078;

Pub. L. 107-296, title XI, Sec. 1112(k), Nov. 25, 2002, 116 Stat.

2277.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of the Homeland Security Act of 2002, referred

to in subsec. (a)(2)(B), is 60 days after Nov. 25, 2002, see

section 4 of Pub. L. 107-296, set out as an Effective Date note

under section 101 of Title 6, Domestic Security.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 designated existing

provisions as par. (1), inserted par. heading, and added par. (2).

1982 - Subsec. (b). Pub. L. 97-258, Sec. 5(b), struck out subsec.

(b) which related to Office of General Counsel of Department of the

Treasury. See section 301 of Title 31, Money and Finance.

Subsec. (c). Pub. L. 97-258, Sec. 2(f)(1), inserted "or section

301(f) of title 31" after "Nothing in this section".

1976 - Subsec. (b). Pub. L. 94-455 substituted "Secretary of the

Treasury" for "Secretary" in four places, in par. (1) after

"prescribed by the", in par. (2) after "prescribed by the" and in

third sentence thereof "The", and in par. (3) before "may appoint

and fix".

1964 - Subsec. (b)(2). Pub. L. 88-426 struck out provisions which

prescribed compensation of Assistant General Counsel.

1959 - Pub. L. 86-368 provided for Presidential appointment and

for compensation of Assistant General Counsel who shall be Chief

Counsel for Internal Revenue Service.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-426 effective on first day of first pay

period which begins on or after July 1, 1964, except to the extent

provided in section 501(c) of Pub. L. 88-426, see section 501 of

Pub. L. 88-426.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 3 of Pub. L. 86-368 provided that:

"(a) Except as otherwise provided in this Act, the amendments

made by this Act [amending this section] shall take effect on the

date of the enactment of this Act [Sept. 22, 1959].

"(b) The amendments made by section 2 of this Act [amending

sections 7452 and 8023 of this title] shall take effect when the

Chief Counsel for the Internal Revenue Service first appointed

pursuant to the amendment made by section 1 of this Act [amending

this section] qualifies and takes office."

REPEALS

Pub. L. 86-368, Sec. 1, Sept. 22, 1959, 73 Stat. 648; Pub. L.

88-426, title III, Sec. 305(39), Aug. 14, 1964, 78 Stat. 427; and

Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(B), Oct. 4, 1976, 90

Stat. 1834, cited as credits to this section, were repealed by Pub.

L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1079, 1080, 1082.

SAVINGS PROVISION

Section 4 of Pub. L. 86-368 provided that the position of

Assistant General Counsel serving as Chief Counsel of the Internal

Revenue Service was abolished as of the time that the Chief Counsel

for the Internal Revenue Service appointed pursuant to the

amendment to this section by Pub. L. 86-368, took office, but that

Pub. L. 86-368 was not to be construed to otherwise abolish,

terminate, or change any office or position, or employment of any

officer or employee existing immediately preceding Sept. 22, 1959,

and that any delegation of authority pursuant to Reorg. Plan No. 26

of 1950 or Reorg. Plan No. 2 of 1952 including any redelegation of

authority, in effect immediately preceding Sept. 22, 1959, was to

remain in effect unless distinctly inconsistent or manifestly

incompatible with the amendment made to this section by Pub. L.

86-368.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Bureau of Alcohol, Tobacco and Firearms, including the related

functions of the Secretary of the Treasury, to the Department of

Justice, see section 531(c) of Title 6, Domestic Security.

-MISC2-

ORDER OF SUCCESSION

For order of succession during any period when both Secretary and

Deputy Secretary of the Treasury are unable to perform functions

and duties of office of Secretary, see Ex. Ord. No. 13246, Dec. 18,

2001, 66 F.R. 66270, set out as a note under section 3345 of Title

5, Government Organization and Employees.

ELIMINATION OF USER FEE FOR REQUESTS TO IRS REGARDING PENSION PLANS

Pub. L. 107-16, title VI, Sec. 620, June 7, 2001, 115 Stat. 110,

provided that:

"(a) Elimination of Certain User Fees. - The Secretary of the

Treasury or the Secretary's delegate shall not require payment of

user fees under the program established under section 10511 of the

Revenue Act of 1987 [Pub. L. 100-203, title X, set out as a note

below] for requests to the Internal Revenue Service for

determination letters with respect to the qualified status of a

pension benefit plan maintained solely by one or more eligible

employers or any trust which is part of the plan. The preceding

sentence shall not apply to any request -

"(1) made after the later of -

"(A) the fifth plan year the pension benefit plan is in

existence; or

"(B) the end of any remedial amendment period with respect to

the plan beginning within the first 5 plan years; or

"(2) made by the sponsor of any prototype or similar plan which

the sponsor intends to market to participating employers.

"(b) Pension Benefit Plan. - For purposes of this section, the

term 'pension benefit plan' means a pension, profit-sharing, stock

bonus, annuity, or employee stock ownership plan.

"(c) Eligible Employer. - For purposes of this section, the term

'eligible employer' means an eligible employer (as defined in

section 408(p)(2)(C)(i)(I) of the Internal Revenue Code of 1986)

which has at least one employee who is not a highly compensated

employee (as defined in section 414(q)) and is participating in the

plan. The determination of whether an employer is an eligible

employer under this section shall be made as of the date of the

request described in subsection (a).

"(d) Determination of Average Fees Charged. - For purposes of any

determination of average fees charged, any request to which

subsection (a) applies shall not be taken into account.

"(e) Effective Date. - The provisions of this section shall apply

with respect to requests made after December 31, 2001."

ITEMIZED INCOME TAX RECEIPT

Pub. L. 106-58, title VI, Sec. 650, Sept. 29, 1999, 113 Stat.

479, provided that:

"(a) In General. - Not later than April 15, 2000, the Secretary

of the Treasury shall establish an interactive program on an

Internet website where any taxpayer may generate an itemized

receipt showing a proportionate allocation (in money terms) of the

taxpayer's total tax payments among the major expenditure

categories.

"(b) Information Necessary To Generate Receipt. - For purposes of

generating an itemized receipt under subsection (a), the

interactive program -

"(1) shall only require the input of the taxpayer's total tax

payments; and

"(2) shall not require any identifying information relating to

the taxpayer.

"(c) Total Tax Payments. - For purposes of this section, total

tax payments of an individual for any taxable year are -

"(1) the tax imposed by subtitle A of the Internal Revenue Code

of 1986 for such taxable year (as shown on his return); and

"(2) the tax imposed by section 3101 of such Code on wages

received during such taxable year.

"(d) Content of Tax Receipt. -

"(1) Major expenditure categories. - For purposes of subsection

(a), the major expenditure categories are:

"(A) National defense.

"(B) International affairs.

"(C) Medicaid.

"(D) Medicare.

"(E) Means-tested entitlements.

"(F) Domestic discretionary.

"(G) Social Security.

"(H) Interest payments.

"(I) All other.

"(2) Other items on receipt. -

"(A) In general. - In addition, the tax receipt shall include

selected examples of more specific expenditure items, including

the items listed in subparagraph (B), either at the budget

function, subfunction, or program, project, or activity levels,

along with any other information deemed appropriate by the

Secretary of the Treasury and the Director of the Office of

Management and Budget to enhance taxpayer understanding of the

Federal budget.

"(B) Listed items. - The expenditure items listed in this

subparagraph are as follows:

"(i) Public schools funding programs.

"(ii) Student loans and college aid.

"(iii) Low-income housing programs.

"(iv) Food stamp and welfare programs.

"(v) Law enforcement, including the Federal Bureau of

Investigation, law enforcement grants to the States, and

other Federal law enforcement personnel.

"(vi) Infrastructure, including roads, bridges, and mass

transit.

"(vii) Farm subsidies.

"(viii) Congressional Member and staff salaries.

"(ix) Health research programs.

"(x) Aid to the disabled.

"(xi) Veterans health care and pension programs.

"(xii) Space programs.

"(xiii) Environmental cleanup programs.

"(xiv) United States embassies.

"(xv) Military salaries.

"(xvi) Foreign aid.

"(xvii) Contributions to the North Atlantic Treaty

Organization.

"(xviii) Amtrak.

"(xix) United States Postal Service.

"(e) Cost. - No charge shall be imposed to cover any cost

associated with the production or distribution of the tax receipt.

"(f) Regulations. - The Secretary of the Treasury may prescribe

such regulations as may be necessary to carry out this section."

REORGANIZATION OF INTERNAL REVENUE SERVICE

Pub. L. 105-206, title I, Sec. 1001, July 22, 1998, 112 Stat.

689, provided that:

"(a) In General. - The Commissioner of Internal Revenue shall

develop and implement a plan to reorganize the Internal Revenue

Service. The plan shall -

"(1) supersede any organization or reorganization of the

Internal Revenue Service based on any statute or reorganization

plan applicable on the effective date of this section;

"(2) eliminate or substantially modify the existing

organization of the Internal Revenue Service which is based on a

national, regional, and district structure;

"(3) establish organizational units serving particular groups

of taxpayers with similar needs; and

"(4) ensure an independent appeals function within the Internal

Revenue Service, including the prohibition in the plan of ex

parte communications between appeals officers and other Internal

Revenue Service employees to the extent that such communications

appear to compromise the independence of the appeals officers.

"(b) Savings Provisions. -

"(1) Preservation of specific tax rights and remedies. -

Nothing in the plan developed and implemented under subsection

(a) shall be considered to impair any right or remedy, including

trial by jury, to recover any internal revenue tax alleged to

have been erroneously or illegally assessed or collected, or any

penalty claimed to have been collected without authority, or any

sum alleged to have been excessive or in any manner wrongfully

collected under the internal revenue laws. For the purpose of any

action to recover any such tax, penalty, or sum, all statutes,

rules, and regulations referring to the collector of internal

revenue, the principal officer for the internal revenue district,

or the Secretary, shall be deemed to refer to the officer whose

act or acts referred to in the preceding sentence gave rise to

such action. The venue of any such action shall be the same as

under existing law.

"(2) Continuing effect of legal documents. - All orders,

determinations, rules, regulations, permits, agreements, grants,

contracts, certificates, licenses, registrations, privileges, and

other administrative actions -

"(A) which have been issued, made, granted, or allowed to

become effective by the President, any Federal agency or

official thereof, or by a court of competent jurisdiction, in

the performance of any function transferred or affected by the

reorganization of the Internal Revenue Service or any other

administrative unit of the Department of the Treasury under

this section; and

"(B) which are in effect at the time this section takes

effect, or were final before the effective date of this section

and are to become effective on or after the effective date of

this section,

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked in accordance with

law by the President, the Secretary of the Treasury, the

Commissioner of Internal Revenue, or other authorized official, a

court of competent jurisdiction, or by operation of law.

"(3) Proceedings not affected. - The provisions of this section

shall not affect any proceedings, including notices of proposed

rulemaking, or any application for any license, permit,

certificate, or financial assistance pending before the

Department of the Treasury (or any administrative unit of the

Department, including the Internal Revenue Service) at the time

this section takes effect, with respect to functions transferred

or affected by the reorganization under this section but such

proceedings and applications shall continue. Orders shall be

issued in such proceedings, appeals shall be taken therefrom, and

payments shall be made pursuant to such orders, as if this

section had not been enacted, and orders issued in any such

proceedings shall continue in effect until modified, terminated,

superseded, or revoked by a duly authorized official, by a court

of competent jurisdiction, or by operation of law. Nothing in

this paragraph shall be deemed to prohibit the discontinuance or

modification of any such proceeding under the same terms and

conditions and to the same extent that such proceeding could have

been discontinued or modified if this section had not been

enacted.

"(4) Suits not affected. - The provisions of this section shall

not affect suits commenced before the effective date of this

section, and in all such suits, proceedings shall be had, appeals

taken, and judgments rendered in the same manner and with the

same effect as if this section had not been enacted.

"(5) Nonabatement of actions. - No suit, action, or other

proceeding commenced by or against the Department of the Treasury

(or any administrative unit of the Department, including the

Internal Revenue Service), or by or against any individual in the

official capacity of such individual as an officer of the

Department of the Treasury, shall abate by reason of the

enactment of this section.

"(6) Administrative actions relating to promulgation of

regulations. - Any administrative action relating to the

preparation or promulgation of a regulation by the Department of

the Treasury (or any administrative unit of the Department,

including the Internal Revenue Service) relating to a function

transferred or affected by the reorganization under this section

may be continued by the Department of the Treasury through any

appropriate administrative unit of the Department, including the

Internal Revenue Service with the same effect as if this section

had not been enacted.

"(c) Effective Date. - This section shall take effect on the date

of the enactment of this Act [July 22, 1998]."

INTERNAL REVENUE SERVICE MISSION TO FOCUS ON TAXPAYERS' NEEDS

Pub. L. 105-206, title I, Sec. 1002, July 22, 1998, 112 Stat.

690, provided that: "The Internal Revenue Service shall review and

restate its mission to place a greater emphasis on serving the

public and meeting taxpayers' needs."

EXPLANATION OF JOINT AND SEVERAL LIABILITY

Pub. L. 105-206, title III, Sec. 3501, July 22, 1998, 112 Stat.

770, provided that:

"(a) In General. - The Secretary of the Treasury or the

Secretary's delegate shall, as soon as practicable, but not later

than 180 days after the date of the enactment of this Act [July 22,

1998], establish procedures to clearly alert married taxpayers of

their joint and several liabilities on all appropriate publications

and instructions.

"(b) Right To Limit Liability. - The procedures under subsection

(a) shall include requirements that notice of an individual's right

to relief under section 6015 of the Internal Revenue Code of 1986

shall be included in the statement required by section 6227 of the

Omnibus Taxpayer Bill of Rights [Pub. L. 100-647, set out below]

(Internal Revenue Service Publication No. 1) and in any

collection-related notices."

EXPLANATION OF TAXPAYERS' RIGHTS IN INTERVIEWS WITH INTERNAL

REVENUE SERVICE

Pub. L. 105-206, title III, Sec. 3502, July 22, 1998, 112 Stat.

770, provided that: "The Secretary of the Treasury or the

Secretary's delegate shall, as soon as practicable, but not later

than 180 days after the date of the enactment of this Act [July 22,

1998], revise the statement required by section 6227 of the Omnibus

Taxpayer Bill of Rights [Pub. L. 100-647, set out below] (Internal

Revenue Service Publication No. 1) to more clearly inform taxpayers

of their rights -

"(1) to be represented at interviews with the Internal Revenue

Service by any person authorized to practice before the Internal

Revenue Service; and

"(2) to suspend an interview pursuant to section 7521(b)(2) of

the Internal Revenue Code of 1986."

DISCLOSURE OF CRITERIA FOR EXAMINATION SELECTION

Pub. L. 105-206, title III, Sec. 3503, July 22, 1998, 112 Stat.

771, provided that:

"(a) In General. - The Secretary of the Treasury or the

Secretary's delegate shall, as soon as practicable, but not later

than 180 days after the date of the enactment of this Act [July 22,

1998], incorporate into the statement required by section 6227 of

the Omnibus Taxpayer Bill of Rights [Pub. L. 100-647, set out

below] (Internal Revenue Service Publication No. 1) a statement

which sets forth in simple and nontechnical terms the criteria and

procedures for selecting taxpayers for examination. Such statement

shall not include any information the disclosure of which would be

detrimental to law enforcement, but shall specify the general

procedures used by the Internal Revenue Service, including whether

taxpayers are selected for examination on the basis of information

available in the media or on the basis of information provided to

the Internal Revenue Service by informants.

"(b) Transmission to Committees of Congress. - The Secretary

shall transmit drafts of the statement required under subsection

(a) (or proposed revisions to any such statement) to the Committee

on Ways and Means of the House of Representatives and the Committee

on Finance of the Senate on the same day."

DISCLOSURE TO TAXPAYERS

Pub. L. 105-206, title III, Sec. 3508, July 22, 1998, 112 Stat.

772, provided that: "The Secretary of the Treasury or the

Secretary's delegate shall ensure that any instructions booklet

accompanying an individual Federal income tax return form

(including forms 1040, 1040A, 1040EZ, and any similar or successor

forms) shall include, in clear language, in conspicuous print, and

in a conspicuous place, a concise description of the conditions

under which return information may be disclosed to any party

outside the Internal Revenue Service, including disclosure to any

State or agency, body, or commission (or legal representative)

thereof."

INTERNAL REVENUE SERVICE EMPLOYEE CONTACTS

Pub. L. 105-206, title III, Sec. 3705, July 22, 1998, 112 Stat.

777, provided that:

"(a) Notice. - The Secretary of the Treasury or the Secretary's

delegate shall provide that -

"(1) any manually generated correspondence received by a

taxpayer from the Internal Revenue Service shall include in a

prominent manner the name, telephone number, and unique

identifying number of an Internal Revenue Service employee the

taxpayer may contact with respect to the correspondence;

"(2) any other correspondence or notice received by a taxpayer

from the Internal Revenue Service shall include in a prominent

manner a telephone number that the taxpayer may contact; and

"(3) an Internal Revenue Service employee shall give a taxpayer

during a telephone or personal contact the employee's name and

unique identifying number.

"(b) Single Contact. - The Secretary of the Treasury or the

Secretary's delegate shall develop a procedure under which, to the

extent practicable and if advantageous to the taxpayer, one

Internal Revenue Service employee shall be assigned to handle a

taxpayer's matter until it is resolved.

"(c) Telephone Helpline in Spanish. - The Secretary of the

Treasury or the Secretary's delegate shall provide, in appropriate

circumstances, that taxpayer questions on telephone helplines of

the Internal Revenue Service are answered in Spanish.

"(d) Other Telephone Helpline Options. - The Secretary of the

Treasury or the Secretary's delegate shall provide, in appropriate

circumstances, on telephone helplines of the Internal Revenue

Service an option for any taxpayer to talk to an Internal Revenue

Service employee during normal business hours. The person shall

direct phone questions of the taxpayer to other Internal Revenue

Service personnel who can provide assistance to the taxpayer.

"(e) Effective Dates. -

"(1) In general. - Except as otherwise provided in this

subsection, this section shall take effect 60 days after the date

of the enactment of this Act [July 22, 1998].

"(2) Subsection (c). - Subsection (c) shall take effect on

January 1, 2000.

"(3) Subsection (d). - Subsection (d) shall take effect on

January 1, 2000.

"(4) Unique identifying number. - Any requirement under this

section to provide a unique identifying number shall take effect

6 months after the date of the enactment of this Act [July 22,

1998]."

LISTING OF LOCAL INTERNAL REVENUE SERVICE TELEPHONE NUMBERS AND

ADDRESSES

Pub. L. 105-206, title III, Sec. 3709, July 22, 1998, 112 Stat.

779, provided that: "The Secretary of the Treasury or the

Secretary's delegate shall, as soon as practicable, provide that

the local telephone numbers and addresses of Internal Revenue

Service offices located in any particular area be listed in a

telephone book for that area."

STUDY OF NONCOMPLIANCE WITH INTERNAL REVENUE LAWS BY TAXPAYERS

Pub. L. 105-206, title III, Sec. 3803, July 22, 1998, 112 Stat.

783, provided that: "Not later than 1 year after the date of the

enactment of this Act [July 22, 1998], the Secretary of the

Treasury and the Commissioner of Internal Revenue shall jointly

conduct a study, in consultation with the Joint Committee on

Taxation, of the noncompliance with internal revenue laws by

taxpayers (including willful noncompliance and noncompliance due to

tax law complexity or other factors) and report the findings of

such study to Congress."

TAX LAW COMPLEXITY ANALYSIS; COMMISSIONER STUDY

Pub. L. 105-206, title IV, Sec. 4022(a), July 22, 1998, 112 Stat.

785, provided that:

"(1) In general. - The Commissioner of Internal Revenue shall

conduct each year after 1998 an analysis of the sources of

complexity in administration of the Federal tax laws. Such analysis

may include an analysis of -

"(A) questions frequently asked by taxpayers with respect to

return filing;

"(B) common errors made by taxpayers in filling out their

returns;

"(C) areas of law which frequently result in disagreements

between taxpayers and the Internal Revenue Service;

"(D) major areas of law in which there is no (or incomplete)

published guidance or in which the law is uncertain;

"(E) areas in which revenue officers make frequent errors

interpreting or applying the law;

"(F) the impact of recent legislation on complexity; and

"(G) forms supplied by the Internal Revenue Service, including

the time it takes for taxpayers to complete and review forms, the

number of taxpayers who use each form, and how recent legislation

has affected the time it takes to complete and review forms.

"(2) Report. - The Commissioner shall not later than March 1 of

each year report the results of the analysis conducted under

paragraph (1) for the preceding year to the Committee on Ways and

Means of the House of Representatives and the Committee on Finance

of the Senate. The report shall include any recommendations -

"(A) for reducing the complexity of the administration of

Federal tax laws; and

"(B) for repeal or modification of any provision the

Commissioner believes adds undue and unnecessary complexity to

the administration of the Federal tax laws."

NATIONAL COMMISSION ON RESTRUCTURING INTERNAL REVENUE SERVICE

Pub. L. 104-52, title VI, Sec. 637, Nov. 19, 1995, 109 Stat. 509,

as amended by Pub. L. 104-134, title II, Sec. 2904(a), Apr. 26,

1996, 110 Stat. 1321-333; Pub. L. 104-208, div. A, title I, Sec.

101(f) [title VI, Sec. 643(a)-(e)], Sept. 30, 1996, 110 Stat.

3009-314, 3009-365, provided that:

"(a) Findings. - The Congress finds the following:

"(1) While the budget for the Internal Revenue Service

(hereafter referred to as the 'IRS') has risen from $2.5 billion

in fiscal year 1979 to $7.3 billion in fiscal year 1996, tax

returns processing has not become significantly faster, tax

collection rates have not significantly increased, and the

accuracy and timeliness of taxpayer assistance has not

significantly improved.

"(2) To date, the Tax Systems Modernization (TSM) program has

cost the taxpayers $2.5 billion, with an estimated cost of $8

billion. Despite this investment, modernization efforts were

recently described by the GAO as 'chaotic' and 'ad hoc'.

"(3) While the IRS maintains that TSM will increase efficiency

and thus revenues, Congress has had to appropriate additional

funds in recent years for compliance initiatives in order to

increase tax revenues.

"(4) Because TSM has not been implemented, the IRS continues to

rely on paper returns, processing a total of 14 billion pieces of

paper every tax season. This results in an extremely inefficient

system.

"(5) This lack of efficiency reduces the level of customer

service and impedes the ability of the IRS to collect revenue.

"(6) The present status of the IRS shows the need for the

establishment of a Commission which will examine the organization

of IRS and recommend actions to expedite the implementation of

TSM and improve service to taxpayers.

"(b) Composition of the Commission. -

"(1) Establishment. - To carry out the purposes of this

section, there is established a National Commission on

Restructuring the Internal Revenue Service (in this section

referred to as the 'Commission').

"(2) Composition. - The Commission shall be composed of

seventeen members, as follows:

"(A) Five members appointed by the President, two from the

executive branch of the Government, two from private life, and

one from an organization that represents a substantial number

of Internal Revenue Service employees.

"(B) Four members appointed by the Majority Leader of the

Senate, one from Members of the Senate and three from private

life.

"(C) Two members appointed by the Minority Leader of the

Senate, one from Members of the Senate and one from private

life.

"(D) Four members appointed by the Speaker of the House of

Representatives, one from Members of the House of

Representatives and three from private life.

"(E) Two members appointed by the Minority Leader of the

House of Representatives, one from Members of the House of

Representatives and one from private life.

"The Commissioner of the Internal Revenue Service shall be an ex

officio member of the Commission.

"(3) Co-Chairs. - The Commission shall elect Co-Chairs from

among its members.

"(4) Meeting; quorum; vacancies. - After its initial meeting,

the Commission shall meet upon the call of the Co-Chairs or a

majority of its members. Nine members of the Commission shall

constitute a quorum. Any vacancy in the Commission shall not

affect its powers, but shall be filled in the same manner in

which the original appointment was made.

"(5) Appointment; initial meeting. -

"(A) Appointment. - It is the sense of the Congress that

members of the Committee [Commission] should be appointed not

more than 60 days after the date of the enactment of this

section [Nov. 19, 1995].

"(B) Initial meeting. - If, after 60 days from the date of

the enactment of this section, seven or more members of the

Commission have been appointed, members who have been appointed

may meet and select Co-Chairs who thereafter shall have the

authority to begin the operations of the Commission, including

the hiring of staff.

"(c) Functions of Commission. -

"(1) In general. - The functions of the Commission shall be -

"(A) to conduct, for a period of not to exceed 15 months from

the date of its first meeting, the review described in

paragraph (2), and

"(B) to submit to the Congress a final report of the results

of the review, including recommendations for restructuring the

IRS.

"(2) Review. - The Commission shall review -

"(A) the present practices of the IRS, especially with

respect to -

"(i) its organizational structure;

"(ii) its paper processing and return processing

activities;

"(iii) its infrastructure; and

"(iv) the collection process;

"(B) requirements for improvement in the following areas:

"(i) making returns processing 'paperless';

"(ii) modernizing IRS operations;

"(iii) improving the collections process without major

personnel increases or increased funding;

"(iv) improving taxpayer accounts management;

"(v) improving the accuracy of information requested by

taxpayers in order to file their returns; and

"(vi) changing the culture of the IRS to make the

organization more efficient, productive, and

customer-oriented;

"(C) whether the IRS could be replaced with a

quasi-governmental agency with tangible incentives and

internally managing its programs and activities and for

modernizing its activities, and

"(D) whether the IRS could perform other collection,

information, and financial service functions of the Federal

Government.

"(d) Powers of the Commission. -

"(1) In general. - (A) The Commission or, on the authorization

of the Commission, any subcommittee or member thereof, may, for

the purpose of carrying out the provisions of this section -

"(i) hold such hearings and sit and act at such times and

places, take such testimony, receive such evidence, administer

such oaths, and

"(ii) require, by subpoena or otherwise, the attendance and

testimony of such witnesses and the production of such books,

records, correspondence, memoranda, papers, and documents, as

the Commission or such designated subcommittee or designated

member may deem advisable.

"(B) Subpoenas issued under subparagraph (A)(ii) may be issued

under the signature of the Co-Chairs of the Commission, the

chairman of any designated subcommittee, or any designated

member, and may be served by any person designated by such

Co-Chairs, subcommittee chairman, or member. The provisions of

sections 102 through 104 of the Revised Statutes of the United

States (2 U.S.C. 192-194) shall apply in the case of any failure

of any witness to comply with any subpoena or to testify when

summoned under authority of this section.

"(2) Contracting. - The Commission may, to such extent and in

such amounts as are provided in appropriation Acts, enter into

contracts to enable the Commission to discharge its duties under

this section.

"(3) Information from federal agencies. - The Commission is

authorized to secure directly from any executive department,

bureau, agency, board, commission, office, independent

establishment, or instrumentality of the Government, information,

suggestions, estimates, and statistics for the purposes of this

section. Each such department, bureau, agency, board, commission,

office, establishment, or instrumentality shall, to the extent

authorized by law, furnish such information, suggestions,

estimates, and statistics directly to the Commission, upon

request made by the Co-Chairs.

"(4) Assistance from federal agencies. - (A) The Secretary of

the Treasury is authorized on a nonreimbursable basis to provide

the Commission with administrative services, funds, facilities,

staff, and other support services for the performance of the

Commission's functions.

"(B) The Administrator of General Services shall provide to the

Commission on a nonreimbursable basis such administrative support

services as the Commission may request.

"(C) In addition to the assistance set forth in subparagraphs

(A) and (B), departments and agencies of the United States are

authorized to provide to the Commission such services, funds,

facilities, staff, and other support services as they may deem

advisable and as may be authorized by law.

"(5) Postal services. - The Commission may use the United

States mails in the same manner and under the same conditions as

departments and agencies of the United States.

"(6) Gifts. - The Commission may accept, use, and dispose of

gifts or donations of services or property in carrying out its

duties under this section.

"(e) Staff of the Commission. -

"(1) In general. - The Co-Chairs, in accordance with rules

agreed upon by the Commission, may appoint and fix the

compensation of a staff director and such other personnel as may

be necessary to enable the Commission to carry out its functions,

without regard to the provisions of title 5, United States Code,

governing appointments in the competitive service, and without

regard to the provisions of chapter 51 and subchapter III of

chapter 53 of such title relating to classification and General

Schedule pay rates, except that no rate of pay fixed under this

subsection may exceed the equivalent of that payable to a person

occupying a position at level V of the Executive Schedule under

section 5316 of title 5, United States Code. Any Federal

Government employee may be detailed to the Commission without

reimbursement from the Commission, and such detailee shall retain

the rights, status, and privileges of his or her regular

employment without interruption.

"(2) Consultant services. - The Commission is authorized to

procure the services of experts and consultants in accordance

with section 3109 of title 5, United States Code, but at rates

not to exceed the daily rate paid a person occupying a position

at level IV of the Executive Schedule under section 5315 of title

5, United States Code.

"(f) Compensation and Travel Expenses. -

"(1) Compensation. - (A) Except as provided in subparagraph

(B), each member of the Commission may be compensated at not to

exceed the daily equivalent of the annual rate of basic pay in

effect for a position at level IV of the Executive Schedule under

section 5315 of title 5, United States Code, for each day during

which that member is engaged in the actual performance of the

duties of the Commission.

"(B) Members of the Commission who are officers or employees of

the United States or Members of Congress shall receive no

additional pay on account of their service on the Commission.

"(2) Travel expenses. - While away from their homes or regular

places of business in the performance of services for the

Commission, members of the Commission may be allowed travel

expenses, including per diem in lieu of subsistence, in the same

manner as persons employed intermittently in the Government

service are allowed expenses under section 5703(b) of title 5,

United States Code.

"(g) Final Report of Commission; Termination. -

"(1) Final report. - Not later than 15 months after the date of

the first meeting of the Commission, the Commission shall submit

to the Congress its final report, as described in subsection

(c)(2).

"(2) Termination. - (A) The Commission, and all the authorities

of this section, shall terminate on the date which is 60 days

after the date on which a final report is required to be

transmitted under paragraph (1).

"(B) The Commission may use the 60-day period referred to in

subparagraph (A) for the purpose of concluding its activities,

including providing testimony to committees of Congress

concerning its final report and disseminating that report.

"(h) Authorization of Appropriations. - Such sums as may be

necessary are authorized to be appropriated for the activities of

the Commission.

"(i) Appropriations. - Notwithstanding any other provision of

this Act, $1,000,000 shall be available from fiscal year 1996 funds

appropriated to the Internal Revenue Service, 'Information systems'

account, for the activities of the Commission, to remain available

until expended."

[Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec.

643(f)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-366, provided

that: "The amendments made by this section [amending section 637 of

Pub. L. 104-52, set out above] shall take effect as if included in

the provisions of the Treasury, Postal Service, and General

Government Appropriations Act, 1996 [Pub. L. 104-52]."]

[Pub. L. 104-134, title II, Sec. 2904(b), Apr. 26, 1996, 110

Stat. 1321-333, provided that: "The amendments made by this section

[amending section 637 of Pub. L. 104-52, set out above] shall take

effect as if included in the provisions of the Treasury, Postal

Service, and General Government Appropriations Act, 1996 [Pub. L.

104-52]."]

FEES FOR SERVICES RENDERED

Pub. L. 103-329, title I, Sec. 3, Sept. 30, 1994, 108 Stat. 2388,

as amended by Pub. L. 104-19, title I, July 27, 1995, 109 Stat.

227, provided that: "The Secretary of the Treasury may establish

new fees or raise existing fees for services provided by the

Internal Revenue Service to increase receipts, where such fees are

authorized by another law. The Secretary of the Treasury may spend

the new or increased fee receipts to supplement appropriations made

available to the Internal Revenue Service appropriations accounts

in fiscal years 1995 and thereafter: Provided, That the Secretary

shall base such fees on the costs of providing specified services

to persons paying such fees: Provided further, That the Secretary

shall provide quarterly reports to the Congress on the collection

of such fees and how they are being expended by the Service:

Provided further, That the total expenditures from such fees shall

not exceed $119,000,000 annually."

DISCLOSURE OF RIGHTS OF TAXPAYERS

Pub. L. 100-647, title VI, Sec. 6227, Nov. 10, 1988, 102 Stat.

3731, provided that:

"(a) In General. - The Secretary of the Treasury shall, as soon

as practicable, but not later than 180 days after the date of the

enactment of this Act [Nov. 10, 1988], prepare a statement which

sets forth in simple and nontechnical terms -

"(1) the rights of a taxpayer and the obligations of the

Internal Revenue Service (hereinafter in this section referred to

as the 'Service') during an audit;

"(2) the procedures by which a taxpayer may appeal any adverse

decision of the Service (including administrative and judicial

appeals);

"(3) the procedures for prosecuting refund claims and filing of

taxpayer complaints; and

"(4) the procedures which the Service may use in enforcing the

internal revenue laws (including assessment, jeopardy assessment,

levy and distraint, and enforcement of liens).

"(b) Transmission to Committees of Congress. - The Secretary of

the Treasury shall transmit drafts of the statement required under

subsection (a) (or proposed revisions of any such statement) to the

Committee on Ways and Means of the House of Representatives, the

Committee on Finance of the Senate, and the Joint Committee on

Taxation on the same day.

"(c) Distribution. - The statement prepared in accordance with

subsections (a) and (b) shall be distributed by the Secretary of

the Treasury to all taxpayers the Secretary contacts with respect

to the determination or collection of any tax (other than by

providing tax forms). The Secretary shall take such actions as the

Secretary deems necessary to ensure that such distribution does not

result in multiple statements being sent to any one taxpayer."

FEES FOR REQUESTS FOR RULING, DETERMINATION, AND SIMILAR LETTERS

Pub. L. 100-203, title X, Sec. 10511, Dec. 22, 1987, 101 Stat.

1330-446, as amended by Pub. L. 101-508, title XI, Sec. 11319(a),

Nov. 5, 1990, 104 Stat. 1388-460; Pub. L. 103-465, title VII, Sec.

743, Dec. 8, 1994, 108 Stat. 5011; Pub. L. 104-117, Sec. 2, Mar.

20, 1996, 110 Stat. 828, provided that:

"(a) General Rule. - The Secretary of the Treasury or his

delegate (hereinafter in this section referred to as the

'Secretary') shall establish a program requiring the payment of

user fees for requests to the Internal Revenue Service for ruling

letters, opinion letters, and determination letters and for similar

requests.

"(b) Program Criteria. -

"(1) In general. - The fees charged under the program required

by subsection (a) -

"(A) shall vary according to categories (or subcategories)

established by the Secretary,

"(B) shall be determined after taking into account the

average time for (and difficulty of) complying with requests in

each category (and subcategory), and

"(C) shall be payable in advance.

"(2) Exemptions, etc. - The Secretary shall provide for such

exemptions (and reduced fees) under such program as he determines

to be appropriate.

"(3) Average fee requirement. - The average fee charged under

the program required by subsection (a) shall not be less than the

amount determined under the following table:

"Category Average Fee

Employee plan ruling and opinion $250

Exempt organization ruling $350

Employee plan determination $300

Exempt organization determination $275

Chief counsel ruling $200.

"(c) Application of Section. - Subsection (a) shall apply with

respect to requests made on or after the 1st day of the second

calendar month beginning after the date of the enactment of this

Act [Dec. 22, 1987] and before September 30, 1990. Subsection (a)

shall also apply with respect to requests made after September 30,

1990, and before October 1, 2003."

[Section 11319(b) of Pub. L. 101-508 provided that: "The

amendment made by this section [amending section 10511 of Pub. L.

100-203 set out above] shall take effect on September 29, 1990,

except that no advance payment shall be required for any fee for

any requests filed after September 29, 1990, and before the 30th

day after the date of the enactment of this Act [Nov. 5, 1990]."]

STUDY OF TAX INCENTIVES FOR EXPENDITURES REQUIRED BY OCCUPATIONAL

SAFETY AND HEALTH ADMINISTRATION AND MINING HEALTH AND SAFETY

ADMINISTRATION

Pub. L. 95-600, title V, Sec. 552, Nov. 6, 1978, 92 Stat. 2891,

authorized the Secretary of the Treasury to conduct an

investigation into the appropriateness of providing additional tax

incentives for expenditures required by the Occupational Safety and

Health Act, section 651 et seq. of Title 29, Labor, and the Mining

Safety and Health Administration of the Department of Labor and to

submit a report on such investigation to Congress before Apr. 1,

1979, together with any legislative recommendations.

STUDY OF TAXATION OF NONRESIDENT ALIEN REAL ESTATE TRANSACTIONS IN

THE UNITED STATES

Pub. L. 95-600, title V, Sec. 553, Nov. 6, 1978, 92 Stat. 2891,

authorized the Secretary of the Treasury to make a study of the

appropriate tax treatment to be given to income derived from, or

gain realized on, the sale of interests in United States property

held by nonresident aliens or foreign corporations and to submit a

report on such study to Congress no later than six months from Nov.

6, 1978, together with any recommendations.

STUDY AND INVESTIGATION OF INTERNAL REVENUE CODE PROVISIONS WHICH

IMPEDE OR DISCOURAGE RECYCLING OF SOLID WASTE MATERIALS;

PRESIDENTIAL AND CONGRESSIONAL REPORT

Pub. L. 94-568, Sec. 4, Oct. 20, 1976, 90 Stat. 2698, provided

that the Secretary of the Treasury, in cooperation with the

Administrator of the Environmental Protection Agency, make a

complete study of all provisions of the Internal Revenue Code of

1954 which impeded or discouraged the recycling of solid waste

materials and to report to the President and Congress, not later

than Apr. 20, 1977, his findings, together with specific

legislative proposals designed to increase and encourage the

recycling of solid waste materials and detailed revenue cost

estimates.

-EXEC-

EX. ORD. NO. 13051. INTERNAL REVENUE SERVICE MANAGEMENT BOARD

Ex. Ord. No. 13051, June 24, 1997, 62 F.R. 34609, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including 31 U.S.C.

301 and 26 U.S.C. 7801(a), and in order to establish a permanent

oversight board to assist the Secretary of the Treasury

("Secretary") in ensuring effective management of the Internal

Revenue Service, it is hereby ordered as follows:

Section 1. Establishment. (a) There is hereby established within

the Department of the Treasury the Internal Revenue Service

Management Board ("Board").

(b) The Board shall consist of:

(1) the Deputy Secretary of the Treasury, who shall serve as

Chair of the Board;

(2) the Assistant Secretary of the Treasury (Management) and

the Chief Financial Officer, who shall serve as Vice Chairs;

(3) the Assistant Secretary of the Treasury (Tax Policy);

(4) the Under Secretary of the Treasury (Enforcement);

(5) the Deputy Assistant Secretary of the Treasury

(Departmental Finance and Management);

(6) the Deputy Assistant Secretary of the Treasury (Information

Systems)/Chief Information Officer;

(7) the Assistant Secretary of the Treasury (Legislative

Affairs and Public Liaison);

(8) the General Counsel for the Department of the Treasury;

(9) the Director, Office of Security, Department of the

Treasury;

(10) the Senior Procurement Executive for the Department of the

Treasury;

(11) the Commissioner of Internal Revenue;

(12) the Deputy Commissioner of Internal Revenue;

(13) the Associate Commissioner of Internal Revenue for

Modernization/Chief Information Officer of the Internal Revenue

Service;

(14) the Deputy Director for Management, Office of Management

and Budget;

(15) the Administrator for Federal Procurement Policy, Office

of Management and Budget;

(16) a representative of the Office of the Vice President

designated by the Vice President;

(17) a representative of the Office of Management and Budget

designated by the Director of such office;

(18) a representative of the Office of Personnel Management

designated by the Director of such office;

(19) representatives of such other Government agencies as may

be determined from time to time by the Secretary of the Treasury,

designated by the head of such agency; and

(20) such other officers or employees of the Department of the

Treasury as may be designated by the Secretary.

(c) A member of the Board described in paragraphs (16) through

(20) of subsection (b) may be removed by the official who

designated such member.

(d) The Board may seek the views, consistent with 18 U.S.C. 205,

of Internal Revenue Service employee representatives on matters

considered by the Board under section 3 of this order.

Sec. 2. Structure. There shall be an Executive Committee of the

full Board, the members of which shall be appointed by the

Secretary.

Sec. 3. Functions. (a) The Board shall directly support the

Secretary's oversight of the management and operation of the

Internal Revenue Service. This includes:

(1) working through the Deputy Secretary, assisting the Secretary

on the full range of high-level management issues and concerns

affecting the Internal Revenue Service, particularly those that

have a significant impact on operations, modernization, and

customer service.

(2) acting through the Executive Committee, serving as the

primary review for strategic decisions concerning modernization of

the Internal Revenue Service, including modernization direction,

strategy, significant reorganization plans, performance metrics,

budgetary issues, major capital investments, and compensation of

personnel.

(b) The Board shall meet at least monthly and shall prescribe

such bylaws or procedures as the Board deems appropriate.

(c) The Board shall prepare semiannual reports to the President

and to the Congress, which shall be transmitted by the Secretary of

the Treasury.

Sec. 4. Administration. To the extent permitted by law and

subject to the availability of appropriations, the Secretary shall

provide the Board administrative services, facilities, staff, and

such other financial support services as may be necessary for the

performance of its functions under this order.

Sec. 5. Judicial Review. This order is intended only to improve

the internal management of the Internal Revenue Service and is not

intended, and shall not be construed, to create any right or

benefit, substantive or procedural, enforceable at law by a party

against the United States, its agencies, its officers, or its

employees.

William J. Clinton.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

26 USC Sec. 7802 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter A - Application of Internal Revenue Laws

-HEAD-

Sec. 7802. Internal Revenue Service Oversight Board

-STATUTE-

(a) Establishment

There is established within the Department of the Treasury the

Internal Revenue Service Oversight Board (hereafter in this

subchapter referred to as the "Oversight Board").

(b) Membership

(1) Composition

The Oversight Board shall be composed of nine members, as

follows:

(A) six members shall be individuals who are not otherwise

Federal officers or employees and who are appointed by the

President, by and with the advice and consent of the Senate.

(B) one member shall be the Secretary of the Treasury or, if

the Secretary so designates, the Deputy Secretary of the

Treasury.

(C) one member shall be the Commissioner of Internal Revenue.

(D) one member shall be an individual who is a full-time

Federal employee or a representative of employees and who is

appointed by the President, by and with the advice and consent

of the Senate.

(2) Qualifications and terms

(A) Qualifications

Members of the Oversight Board described in paragraph (1)(A)

shall be appointed without regard to political affiliation and

solely on the basis of their professional experience and

expertise in one or more of the following areas:

(i) Management of large service organizations.

(ii) Customer service.

(iii) Federal tax laws, including tax administration and

compliance.

(iv) Information technology.

(v) Organization development.

(vi) The needs and concerns of taxpayers.

(vii) The needs and concerns of small businesses.

In the aggregate, the members of the Oversight Board described

in paragraph (1)(A) should collectively bring to bear expertise

in all of the areas described in the preceding sentence.

(B) Terms

Each member who is described in subparagraph (A) or (D) of

paragraph (1) shall be appointed for a term of 5 years, except

that of the members first appointed under paragraph (1)(A) -

(i) two members shall be appointed for a term of 3 years,

(ii) two members shall be appointed for a term of 4 years,

and

(iii) two members shall be appointed for a term of 5 years.

(C) Reappointment

An individual who is described in subparagraph (A) or (D) of

paragraph (1) may be appointed to no more than two 5-year terms

on the Oversight Board.

(D) Vacancy

Any vacancy on the Oversight Board shall be filled in the

same manner as the original appointment. Any member appointed

to fill a vacancy occurring before the expiration of the term

for which the member's predecessor was appointed shall be

appointed for the remainder of that term.

(3) Ethical considerations

(A) Financial disclosure

During the entire period that an individual appointed under

subparagraph (A) or (D) of paragraph (1) is a member of the

Oversight Board, such individual shall be treated as serving as

an officer or employee referred to in section 101(f) of the

Ethics in Government Act of 1978 for purposes of title I of

such Act, except that section 101(d) of such Act shall apply

without regard to the number of days of service in the

position.

(B) Restrictions on post-employment

For purposes of section 207(c) of title 18, United States

Code, an individual appointed under subparagraph (A) or (D) of

paragraph (1) shall be treated as an employee referred to in

section 207(c)(2)(A)(i) of such title during the entire period

the individual is a member of the Board, except that

subsections (c)(2)(B) and (f) of section 207 of such title

shall not apply.

(C) Members who are special Government employees

If an individual appointed under subparagraph (A) or (D) of

paragraph (1) is a special Government employee, the following

additional rules apply for purposes of chapter 11 of title 18,

United States Code:

(i) Restriction on representation

In addition to any restriction under section 205(c) of

title 18, United States Code, except as provided in

subsections (d) through (i) of section 205 of such title,

such individual (except in the proper discharge of official

duties) shall not, with or without compensation, represent

anyone to or before any officer or employee of -

(I) the Oversight Board or the Internal Revenue Service

on any matter;

(II) the Department of the Treasury on any matter

involving the internal revenue laws or involving the

management or operations of the Internal Revenue Service;

or

(III) the Department of Justice with respect to

litigation involving a matter described in subclause (I) or

(II).

(ii) Compensation for services provided by another

For purposes of section 203 of such title -

(I) such individual shall not be subject to the

restrictions of subsection (a)(1) thereof for sharing in

compensation earned by another for representations on

matters covered by such section, and

(II) a person shall not be subject to the restrictions of

subsection (a)(2) thereof for sharing such compensation

with such individual.

(D) Waiver

The President may, only at the time the President nominates

the member of the Oversight Board described in paragraph

(1)(D), waive for the term of the member any appropriate

provision of chapter 11 of title 18, United States Code, to the

extent such waiver is necessary to allow such member to

participate in the decisions of the Board while continuing to

serve as a full-time Federal employee or a representative of

employees. Any such waiver shall not be effective unless a

written intent of waiver to exempt such member (and actual

waiver language) is submitted to the Senate with the nomination

of such member.

(4) Quorum

Five members of the Oversight Board shall constitute a quorum.

A majority of members present and voting shall be required for

the Oversight Board to take action.

(5) Removal

(A) In general

Any member of the Oversight Board appointed under

subparagraph (A) or (D) of paragraph (1) may be removed at the

will of the President.

(B) Secretary and Commissioner

An individual described in subparagraph (B) or (C) of

paragraph (1) shall be removed upon termination of service in

the office described in such subparagraph.

(6) Claims

(A) In general

Members of the Oversight Board who are described in

subparagraph (A) or (D) of paragraph (1) shall have no personal

liability under Federal law with respect to any claim arising

out of or resulting from an act or omission by such member

within the scope of service as a member.

(B) Effect on other law

This paragraph shall not be construed -

(i) to affect any other immunities and protections that may

be available to such member under applicable law with respect

to such transactions;

(ii) to affect any other right or remedy against the United

States under applicable law; or

(iii) to limit or alter in any way the immunities that are

available under applicable law for Federal officers and

employees.

(c) General responsibilities

(1) Oversight

(A) In general

The Oversight Board shall oversee the Internal Revenue

Service in its administration, management, conduct, direction,

and supervision of the execution and application of the

internal revenue laws or related statutes and tax conventions

to which the United States is a party.

(B) Mission of IRS

As part of its oversight functions described in subparagraph

(A), the Oversight Board shall ensure that the organization and

operation of the Internal Revenue Service allows it to carry

out its mission.

(C) Confidentiality

The Oversight Board shall ensure that appropriate

confidentiality is maintained in the exercise of its duties.

(2) Exceptions

The Oversight Board shall have no responsibilities or authority

with respect to -

(A) the development and formulation of Federal tax policy

relating to existing or proposed internal revenue laws, related

statutes, and tax conventions,

(B) specific law enforcement activities of the Internal

Revenue Service, including specific compliance activities such

as examinations, collection activities, and criminal

investigations,

(C) specific procurement activities of the Internal Revenue

Service, or

(D) except as provided in subsection (d)(3), specific

personnel actions.

(d) Specific responsibilities

The Oversight Board shall have the following specific

responsibilities:

(1) Strategic plans

To review and approve strategic plans of the Internal Revenue

Service, including the establishment of -

(A) mission and objectives, and standards of performance

relative to either, and

(B) annual and long-range strategic plans.

(2) Operational plans

To review the operational functions of the Internal Revenue

Service, including -

(A) plans for modernization of the tax system,

(B) plans for outsourcing or managed competition, and

(C) plans for training and education.

(3) Management

To -

(A) recommend to the President candidates for appointment as

the Commissioner of Internal Revenue and recommend to the

President the removal of the Commissioner;

(B) review the Commissioner's selection, evaluation, and

compensation of Internal Revenue Service senior executives who

have program management responsibility over significant

functions of the Internal Revenue Service; and

(C) review and approve the Commissioner's plans for any major

reorganization of the Internal Revenue Service.

(4) Budget

To -

(A) review and approve the budget request of the Internal

Revenue Service prepared by the Commissioner;

(B) submit such budget request to the Secretary of the

Treasury; and

(C) ensure that the budget request supports the annual and

long-range strategic plans.

(5) Taxpayer protection

To ensure the proper treatment of taxpayers by the employees of

the Internal Revenue Service.

The Secretary shall submit the budget request referred to in

paragraph (4)(B) for any fiscal year to the President who shall

submit such request, without revision, to Congress together with

the President's annual budget request for the Internal Revenue

Service for such fiscal year.

(e) Board personnel matters

(1) Compensation of members

(A) In general

Each member of the Oversight Board who -

(i) is described in subsection (b)(1)(A); or

(ii) is described in subsection (b)(1)(D) and is not

otherwise a Federal officer or employee,

shall be compensated at a rate of $30,000 per year. All other

members shall serve without compensation for such service.

(B) Chairperson

In lieu of the amount specified in subparagraph (A), the

Chairperson of the Oversight Board shall be compensated at a

rate of $50,000 per year.

(2) Travel expenses

(A) In general

The members of the Oversight Board shall be allowed travel

expenses, including per diem in lieu of subsistence, at rates

authorized for employees of agencies under subchapter I of

chapter 57 of title 5, United States Code, to attend meetings

of the Oversight Board and, with the advance approval of the

Chairperson of the Oversight Board, while otherwise away from

their homes or regular places of business for purposes of

duties as a member of the Oversight Board.

(B) Report

The Oversight Board shall include in its annual report under

subsection (f)(3)(A) information with respect to the travel

expenses allowed for members of the Oversight Board under this

paragraph.

(3) Staff

(A) In general

The Chairperson of the Oversight Board may appoint and

terminate any personnel that may be necessary to enable the

Board to perform its duties.

(B) Detail of Government employees

Upon request of the Chairperson of the Oversight Board, a

Federal agency shall detail a Federal Government employee to

the Oversight Board without reimbursement. Such detail shall be

without interruption or loss of civil service status or

privilege.

(4) Procurement of temporary and intermittent services

The Chairperson of the Oversight Board may procure temporary

and intermittent services under section 3109(b) of title 5,

United States Code.

(f) Administrative matters

(1) Chair

(A) Term

The members of the Oversight Board shall elect for a 2-year

term a chairperson from among the members appointed under

subsection (b)(1)(A).

(B) Powers

Except as otherwise provided by a majority vote of the

Oversight Board, the powers of the Chairperson shall include -

(i) establishing committees;

(ii) setting meeting places and times;

(iii) establishing meeting agendas; and

(iv) developing rules for the conduct of business.

(2) Meetings

The Oversight Board shall meet at least quarterly and at such

other times as the Chairperson determines appropriate.

(3) Reports

(A) Annual

The Oversight Board shall each year report with respect to

the conduct of its responsibilities under this title to the

President, the Committees on Ways and Means, Government Reform

and Oversight, and Appropriations of the House of

Representatives and the Committees on Finance, Governmental

Affairs, and Appropriations of the Senate.

(B) Additional report

Upon a determination by the Oversight Board under subsection

(c)(1)(B) that the organization and operation of the Internal

Revenue Service are not allowing it to carry out its mission,

the Oversight Board shall report such determination to the

Committee on Ways and Means of the House of Representatives and

the Committee on Finance of the Senate.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 915; Pub. L. 93-406, title II,

Sec. 1051(a), Sept. 2, 1974, 88 Stat. 951; Pub. L. 94-455, title

XIX, Sec. 1906(b)(13)(A), (B), Oct. 4, 1976, 90 Stat. 1834; Pub. L.

97-258, Sec. 2(f)(2), Sept. 13, 1982, 96 Stat. 1059; Pub. L.

100-647, title VI, Sec. 6235(a), Nov. 10, 1988, 102 Stat. 3737;

Pub. L. 104-168, title I, Sec. 101(a), (b)(2), July 30, 1996, 110

Stat. 1453, 1455; Pub. L. 105-206, title I, Sec. 1101(a), July 22,

1998, 112 Stat. 691; Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec.

319(27)], Dec. 21, 2000, 114 Stat. 2763, 2763A-648.)

-REFTEXT-

REFERENCES IN TEXT

The Ethics in Government Act of 1978, referred to in subsec.

(b)(3)(A), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as

amended. Title I of the Act is set out in the Appendix to Title 5,

Government Organization and Employees. For complete classification

of this Act to the Code, see Short Title note set out under section

101 of Pub. L. 95-521 in the Appendix to Title 5 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(2)(B)(ii). Pub. L. 106-554 substituted a comma

for semicolon before "and".

1998 - Pub. L. 105-206 amended section catchline and text of

section generally, substituting present provisions for provisions

which: in subsec. (a), declared that there shall be in the

Department of the Treasury a Commissioner of Internal Revenue,

appointed by the President, with such duties and powers as

prescribed by Secretary of the Treasury; in subsec. (b),

established Office of Employee Plans and Exempt Organizations to

carry out functions with respect to organizations exempt from tax

and with respect to plans to which part I of subchapter D of

chapter 1 applied; in subsec. (c), established Office for Taxpayer

Services such as telephone, walk-in, and taxpayer educational

services, and design and production of forms; and in subsec. (d),

established Office of Taxpayer Advocate and set forth functions of

Office and responsibilities of Commissioner regarding response to

recommendations of Office. See section 7803 of this title.

1996 - Pub. L. 104-168, Sec. 101(b)(2), substituted

"Commissioners; Taxpayer Advocate." for "Commissioner (Employee

Plans and Exempt Organizations)" in section catchline.

Subsec. (d). Pub. L. 104-168, Sec. 101(a), added subsec. (d).

1988 - Subsec. (c). Pub. L. 100-647 added subsec. (c).

1982 - Subsec. (b). Pub. L. 97-258 redesignated existing

provisions as par. (1), added par. (1) heading, and added par. (2).

Par. (2) is based on provisions that appeared in section 1037 of

former Title 31, Money and Finance, prior to enactment of Title 31

by Pub. L. 97-258.

1976 - Subsec. (a). Pub. L. 94-455, Sec. 1906(b)(13)(B),

substituted "Secretary of the Treasury" for "Secretary" after

"prescribed by the".

Subsec. (b). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out "or

his delegate" after "Secretary".

1974 - Pub. L. 93-406 designated existing provisions as subsec.

(a) and added subsec. (b).

-CHANGE-

CHANGE OF NAME

Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-MISC2-

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-206, title I, Sec. 1101(d), July 22, 1998, 112 Stat.

697, provided that:

"(1) In general. - The amendments made by this section [amending

this section and sections 4946 and 6103 of this title] shall take

effect on the date of the enactment of this Act [July 22, 1998].

"(2) Initial nominations to internal revenue service oversight

board. - The President shall submit the initial nominations under

section 7802 of the Internal Revenue Code of 1986, as added by this

section, to the Senate not later than 6 months after the date of

the enactment of this Act [July 22, 1998].

"(3) Effect on actions prior to appointment of oversight board. -

Nothing in this section shall be construed to invalidate the

actions and authority of the Internal Revenue Service prior to the

appointment of the members of the Internal Revenue Service

Oversight Board."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(c) of Pub. L. 104-168 provided that: "The amendments

made by this section [amending this section and section 7811 of

this title] shall take effect on the date of the enactment of this

Act [July 30, 1996]."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 6235(c) of Pub. L. 100-647 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

the date 180 days after the date of the enactment of this Act [Nov.

10, 1988]."

EFFECTIVE DATE OF 1974 AMENDMENT

Section 1051(d) of Pub. L. 93-406 provided that: "The amendments

made by this section [amending this section and sections 5108 and

5109 of Title 5, Government Organization and Employees] shall take

effect on the 90th day after the date of the enactment of this Act

[Sept. 2, 1974]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6103, 7803 of this title.

-End-

-CITE-

26 USC Sec. 7803 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter A - Application of Internal Revenue Laws

-HEAD-

Sec. 7803. Commissioner of Internal Revenue; other officials

-STATUTE-

(a) Commissioner of Internal Revenue

(1) Appointment

(A) In general

There shall be in the Department of the Treasury a

Commissioner of Internal Revenue who shall be appointed by the

President, by and with the advice and consent of the Senate, to

a 5-year term. Such appointment shall be made from individuals

who, among other qualifications, have a demonstrated ability in

management.

(B) Vacancy

Any individual appointed to fill a vacancy in the position of

Commissioner occurring before the expiration of the term for

which such individual's predecessor was appointed shall be

appointed only for the remainder of that term.

(C) Removal

The Commissioner may be removed at the will of the President.

(D) Reappointment

The Commissioner may be appointed to more than one 5-year

term.

(2) Duties

The Commissioner shall have such duties and powers as the

Secretary may prescribe, including the power to -

(A) administer, manage, conduct, direct, and supervise the

execution and application of the internal revenue laws or

related statutes and tax conventions to which the United States

is a party; and

(B) recommend to the President a candidate for appointment as

Chief Counsel for the Internal Revenue Service when a vacancy

occurs, and recommend to the President the removal of such

Chief Counsel.

If the Secretary determines not to delegate a power specified in

subparagraph (A) or (B), such determination may not take effect

until 30 days after the Secretary notifies the Committees on Ways

and Means, Government Reform and Oversight, and Appropriations of

the House of Representatives and the Committees on Finance,

Governmental Affairs, and Appropriations of the Senate.

(3) Consultation with Board

The Commissioner shall consult with the Oversight Board on all

matters set forth in paragraphs (2) and (3) (other than paragraph

(3)(A)) of section 7802(d).

(b) Chief Counsel for the Internal Revenue Service

(1) Appointment

There shall be in the Department of the Treasury a Chief

Counsel for the Internal Revenue Service who shall be appointed

by the President, by and with the consent of the Senate.

(2) Duties

The Chief Counsel shall be the chief law officer for the

Internal Revenue Service and shall perform such duties as may be

prescribed by the Secretary, including the duty -

(A) to be legal advisor to the Commissioner and the

Commissioner's officers and employees;

(B) to furnish legal opinions for the preparation and review

of rulings and memoranda of technical advice;

(C) to prepare, review, and assist in the preparation of

proposed legislation, treaties, regulations, and Executive

orders relating to laws which affect the Internal Revenue

Service;

(D) to represent the Commissioner in cases before the Tax

Court; and

(E) to determine which civil actions should be litigated

under the laws relating to the Internal Revenue Service and

prepare recommendations for the Department of Justice regarding

the commencement of such actions.

If the Secretary determines not to delegate a power specified in

subparagraph (A), (B), (C), (D), or (E), such determination may

not take effect until 30 days after the Secretary notifies the

Committees on Ways and Means, Government Reform and Oversight,

and Appropriations of the House of Representatives and the

Committees on Finance, Governmental Affairs, and Appropriations

of the Senate.

(3) Persons to whom Chief Counsel reports

The Chief Counsel shall report directly to the Commissioner of

Internal Revenue, except that -

(A) the Chief Counsel shall report to both the Commissioner

and the General Counsel for the Department of the Treasury with

respect to -

(i) legal advice or interpretation of the tax law not

relating solely to tax policy;

(ii) tax litigation; and

(B) the Chief Counsel shall report to the General Counsel

with respect to legal advice or interpretation of the tax law

relating solely to tax policy.

If there is any disagreement between the Commissioner and the

General Counsel with respect to any matter jointly referred to

them under subparagraph (A), such matter shall be submitted to

the Secretary or Deputy Secretary for resolution.

(4) Chief Counsel personnel

All personnel in the Office of Chief Counsel shall report to

the Chief Counsel.

(c) Office of the Taxpayer Advocate

(1) Establishment

(A) In general

There is established in the Internal Revenue Service an

office to be known as the "Office of the Taxpayer Advocate".

(B) National Taxpayer Advocate

(i) In general

The Office of the Taxpayer Advocate shall be under the

supervision and direction of an official to be known as the

"National Taxpayer Advocate". The National Taxpayer Advocate

shall report directly to the Commissioner of Internal Revenue

and shall be entitled to compensation at the same rate as the

highest rate of basic pay established for the Senior

Executive Service under section 5382 of title 5, United

States Code, or, if the Secretary of the Treasury so

determines, at a rate fixed under section 9503 of such title.

(ii) Appointment

The National Taxpayer Advocate shall be appointed by the

Secretary of the Treasury after consultation with the

Commissioner of Internal Revenue and the Oversight Board and

without regard to the provisions of title 5, United States

Code, relating to appointments in the competitive service or

the Senior Executive Service.

(iii) Qualifications

An individual appointed under clause (ii) shall have -

(I) a background in customer service as well as tax law;

and

(II) experience in representing individual taxpayers.

(iv) Restriction on employment

An individual may be appointed as the National Taxpayer

Advocate only if such individual was not an officer or

employee of the Internal Revenue Service during the 2-year

period ending with such appointment and such individual

agrees not to accept any employment with the Internal Revenue

Service for at least 5 years after ceasing to be the National

Taxpayer Advocate. Service as an officer or employee of the

Office of the Taxpayer Advocate shall not be taken into

account in applying this clause.

(2) Functions of office

(A) In general

It shall be the function of the Office of the Taxpayer

Advocate to -

(i) assist taxpayers in resolving problems with the

Internal Revenue Service;

(ii) identify areas in which taxpayers have problems in

dealings with the Internal Revenue Service;

(iii) to the extent possible, propose changes in the

administrative practices of the Internal Revenue Service to

mitigate problems identified under clause (ii); and

(iv) identify potential legislative changes which may be

appropriate to mitigate such problems.

(B) Annual reports

(i) Objectives

Not later than June 30 of each calendar year, the National

Taxpayer Advocate shall report to the Committee on Ways and

Means of the House of Representatives and the Committee on

Finance of the Senate on the objectives of the Office of the

Taxpayer Advocate for the fiscal year beginning in such

calendar year. Any such report shall contain full and

substantive analysis, in addition to statistical information.

(ii) Activities

Not later than December 31 of each calendar year, the

National Taxpayer Advocate shall report to the Committee on

Ways and Means of the House of Representatives and the

Committee on Finance of the Senate on the activities of the

Office of the Taxpayer Advocate during the fiscal year ending

during such calendar year. Any such report shall contain full

and substantive analysis, in addition to statistical

information, and shall -

(I) identify the initiatives the Office of the Taxpayer

Advocate has taken on improving taxpayer services and

Internal Revenue Service responsiveness;

(II) contain recommendations received from individuals

with the authority to issue Taxpayer Assistance Orders

under section 7811;

(III) contain a summary of at least 20 of the most

serious problems encountered by taxpayers, including a

description of the nature of such problems;

(IV) contain an inventory of the items described in

subclauses (I), (II), and (III) for which action has been

taken and the result of such action;

(V) contain an inventory of the items described in

subclauses (I), (II), and (III) for which action remains to

be completed and the period during which each item has

remained on such inventory;

(VI) contain an inventory of the items described in

subclauses (I), (II), and (III) for which no action has

been taken, the period during which each item has remained

on such inventory, the reasons for the inaction, and

identify any Internal Revenue Service official who is

responsible for such inaction;

(VII) identify any Taxpayer Assistance Order which was

not honored by the Internal Revenue Service in a timely

manner, as specified under section 7811(b);

(VIII) contain recommendations for such administrative

and legislative action as may be appropriate to resolve

problems encountered by taxpayers;

(IX) identify areas of the tax law that impose

significant compliance burdens on taxpayers or the Internal

Revenue Service, including specific recommendations for

remedying these problems;

(X) identify the 10 most litigated issues for each

category of taxpayers, including recommendations for

mitigating such disputes; and

(XI) include such other information as the National

Taxpayer Advocate may deem advisable.

(iii) Report to be submitted directly

Each report required under this subparagraph shall be

provided directly to the committees described in clause (i)

without any prior review or comment from the Commissioner,

the Secretary of the Treasury, the Oversight Board, any other

officer or employee of the Department of the Treasury, or the

Office of Management and Budget.

(iv) Coordination with report of Treasury Inspector General

for Tax Administration

To the extent that information required to be reported

under clause (ii) is also required to be reported under

paragraph (1) or (2) of subsection (d) by the Treasury

Inspector General for Tax Administration, the National

Taxpayer Advocate shall not contain such information in the

report submitted under such clause.

(C) Other responsibilities

The National Taxpayer Advocate shall -

(i) monitor the coverage and geographic allocation of local

offices of taxpayer advocates;

(ii) develop guidance to be distributed to all Internal

Revenue Service officers and employees outlining the criteria

for referral of taxpayer inquiries to local offices of

taxpayer advocates;

(iii) ensure that the local telephone number for each local

office of the taxpayer advocate is published and available to

taxpayers served by the office; and

(iv) in conjunction with the Commissioner, develop career

paths for local taxpayer advocates choosing to make a career

in the Office of the Taxpayer Advocate.

(D) Personnel actions

(i) In general

The National Taxpayer Advocate shall have the

responsibility and authority to -

(I) appoint local taxpayer advocates and make available

at least 1 such advocate for each State; and

(II) evaluate and take personnel actions (including

dismissal) with respect to any employee of any local office

of a taxpayer advocate described in subclause (I).

(ii) Consultation

The National Taxpayer Advocate may consult with the

appropriate supervisory personnel of the Internal Revenue

Service in carrying out the National Taxpayer Advocate's

responsibilities under this subparagraph.

(3) Responsibilities of Commissioner

The Commissioner shall establish procedures requiring a formal

response to all recommendations submitted to the Commissioner by

the National Taxpayer Advocate within 3 months after submission

to the Commissioner.

(4) Operation of local offices

(A) In general

Each local taxpayer advocate -

(i) shall report to the National Taxpayer Advocate or

delegate thereof;

(ii) may consult with the appropriate supervisory personnel

of the Internal Revenue Service regarding the daily operation

of the local office of the taxpayer advocate;

(iii) shall, at the initial meeting with any taxpayer

seeking the assistance of a local office of the taxpayer

advocate, notify such taxpayer that the taxpayer advocate

offices operate independently of any other Internal Revenue

Service office and report directly to Congress through the

National Taxpayer Advocate; and

(iv) may, at the taxpayer advocate's discretion, not

disclose to the Internal Revenue Service contact with, or

information provided by, such taxpayer.

(B) Maintenance of independent communications

Each local office of the taxpayer advocate shall maintain a

separate phone, facsimile, and other electronic communication

access, and a separate post office address.

(d) Additional duties of the Treasury Inspector General for Tax

Administration

(1) Annual reporting

The Treasury Inspector General for Tax Administration shall

include in one of the semiannual reports under section 5 of the

Inspector General Act of 1978 -

(A) an evaluation of the compliance of the Internal Revenue

Service with -

(i) restrictions under section 1204 of the Internal Revenue

Service Restructuring and Reform Act of 1998 on the use of

enforcement statistics to evaluate Internal Revenue Service

employees;

(ii) restrictions under section 7521 on directly contacting

taxpayers who have indicated that they prefer their

representatives be contacted;

(iii) required procedures under section 6320 upon the

filing of a notice of a lien;

(iv) required procedures under subchapter D of chapter 64

for seizure of property for collection of taxes, including

required procedures under section 6330 regarding levies; and

(v) restrictions under section 3707 of the Internal Revenue

Service Restructuring and Reform Act of 1998 on designation

of taxpayers;

(B) a review and a certification of whether or not the

Secretary is complying with the requirements of section

6103(e)(8) to disclose information to an individual filing a

joint return on collection activity involving the other

individual filing the return;

(C) information regarding extensions of the statute of

limitations for assessment and collection of tax under section

6501 and the provision of notice to taxpayers regarding

requests for such extension;

(D) an evaluation of the adequacy and security of the

technology of the Internal Revenue Service;

(E) any termination or mitigation under section 1203 of the

Internal Revenue Service Restructuring and Reform Act of 1998;

(F) information regarding improper denial of requests for

information from the Internal Revenue Service identified under

paragraph (3)(A); and

(G) information regarding any administrative or civil actions

with respect to violations of the fair debt collection

provisions of section 6304, including -

(i) a summary of such actions initiated since the date of

the last report; and

(ii) a summary of any judgments or awards granted as a

result of such actions.

(2) Semiannual reports

(A) In general. - The Treasury Inspector General for Tax

Administration shall include in each semiannual report under

section 5 of the Inspector General Act of 1978 -

(i) the number of taxpayer complaints during the reporting

period;

(ii) the number of employee misconduct and taxpayer abuse

allegations received by the Internal Revenue Service or the

Inspector General during the period from taxpayers, Internal

Revenue Service employees, and other sources;

(iii) a summary of the status of such complaints and

allegations; and

(iv) a summary of the disposition of such complaints and

allegations, including the outcome of any Department of Justice

action and any monies paid as a settlement of such complaints

and allegations.

(B) Clauses (iii) and (iv) of subparagraph (A) shall only apply

to complaints and allegations of serious employee misconduct.

(3) Other responsibilities

The Treasury Inspector General for Tax Administration shall -

(A) conduct periodic audits of a statistically valid sample

of the total number of determinations made by the Internal

Revenue Service to deny written requests to disclose

information to taxpayers on the basis of section 6103 of this

title or section 552(b)(7) of title 5, United States Code; and

(B) establish and maintain a toll-free telephone number for

taxpayers to use to confidentially register complaints of

misconduct by Internal Revenue Service employees and

incorporate the telephone number in the statement required by

section 6227 of the Omnibus Taxpayer Bill of Rights (Internal

Revenue Service Publication No. 1).

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 915; Pub. L. 92-310, title II,

Sec. 230(e), June 6, 1972, 86 Stat. 209; Pub. L. 94-455, title XIX,

Sec. 1906(a)(58), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1833, 1834;

Pub. L. 105-206, title I, Sec. 1102(a), July 22, 1998, 112 Stat.

697.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 relating to appointments in the

competitive service and the Senior Executive Service, referred to

in subsec. (c)(1)(B)(ii), are classified generally to section 3301

et seq. of Title 5, Government Organization and Employees.

Section 5 of the Inspector General Act of 1978, referred to in

subsec. (d)(1), (2)(A), is section 5 of Pub. L. 95-452, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

Sections 1203, 1204, and 3707 of the Internal Revenue Service

Restructuring and Reform Act of 1998, referred to in subsec.

(d)(1)(A)(i), (v), (E), are sections 1203, 1204, and 3707 of Pub.

L. 105-206, which are set out as notes under sections 7804, 7804,

and 6651, respectively, of this title.

Section 6227 of the Omnibus Taxpayer Bill of Rights, referred to

in subsec. (d)(3)(B), is section 6227 of Pub. L. 100-647, which is

set out as a note under section 7801 of this title.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-206 amended section catchline and text

generally, substituting present provisions for provisions which: in

subsec. (a), authorized appointment of persons for administration

and enforcement of internal revenue laws; in subsec. (b), directed

Secretary to determine and designate posts of duty of employees in

field service, and authorized Secretary to order such employees to

duty within and outside District of Columbia; and in subsec. (c),

directed Secretary to issue notice and demand for failure to

account for and pay over money or property collected in connection

with internal revenue laws, and deemed amount so demanded to be

imposed and assessed upon the officer or employee upon the date of

such notice and demand. See section 7804 of this title.

1976 - Subsecs. (a), (b), (c). Pub. L. 94-455, Sec. 1906(b)

(13)(A), struck out "or his delegate" after "Secretary" wherever

appearing.

Subsecs. (c), (d). Pub. L. 94-455, Sec. 1906(a)(58), redesignated

subsec. (d) as (c).

1972 - Subsec. (c). Pub. L. 92-310 repealed subsec. (c) which

related to bonds of officers and employees.

-CHANGE-

CHANGE OF NAME

Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-MISC2-

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-206, title I, Sec. 1102(f), July 22, 1998, 112 Stat.

705, provided that:

"(1) In general. - Except as provided in paragraph (2), the

amendments made by this section [amending this section, sections

6212, 6323, 6343, 7611, and 7811 of this title, and section 5109 of

Title 5, Government Organization and Employees] shall take effect

on the date of the enactment of this Act [July 22, 1998].

"(2) Chief counsel. - Section 7803(b)(3) of the Internal Revenue

Code of 1986, as added by this section, shall take effect on the

date that is 90 days after the date of the enactment of this Act.

"(3) National taxpayer advocate. - Notwithstanding section

7803(c)(1)(B)(iv) of such Code, as added by this section, in

appointing the first National Taxpayer Advocate after the date of

the enactment of this Act, the Secretary of the Treasury -

"(A) shall not appoint any individual who was an officer or

employee of the Internal Revenue Service at any time during the

2-year period ending on the date of appointment; and

"(B) need not consult with the Internal Revenue Service

Oversight Board if the Oversight Board has not been appointed.

"(4) Current officers. -

"(A) In the case of an individual serving as Commissioner of

Internal Revenue on the date of the enactment of this Act who was

appointed to such position before such date, the 5-year term

required by section 7803(a)(1) of such Code, as added by this

section, shall begin as of the date of such appointment.

"(B) Clauses (ii), (iii), and (iv) of section 7803(c)(1)(B) of

such Code, as added by this section, shall not apply to the

individual serving as Taxpayer Advocate on the date of the

enactment of this Act."

-End-

-CITE-

26 USC Sec. 7804 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter A - Application of Internal Revenue Laws

-HEAD-

Sec. 7804. Other personnel

-STATUTE-

(a) Appointment and supervision

Unless otherwise prescribed by the Secretary, the Commissioner of

Internal Revenue is authorized to employ such number of persons as

the Commissioner deems proper for the administration and

enforcement of the internal revenue laws, and the Commissioner

shall issue all necessary directions, instructions, orders, and

rules applicable to such persons.

(b) Posts of duty of employees in field service or traveling

Unless otherwise prescribed by the Secretary -

(1) Designation of post of duty

The Commissioner shall determine and designate the posts of

duty of all such persons engaged in field work or traveling on

official business outside of the District of Columbia.

(2) Detail of personnel from field service

The Commissioner may order any such person engaged in field

work to duty in the District of Columbia, for such periods as the

Commissioner may prescribe, and to any designated post of duty

outside the District of Columbia upon the completion of such

duty.

(c) Delinquent Internal Revenue officers and employees

If any officer or employee of the Treasury Department acting in

connection with the internal revenue laws fails to account for and

pay over any amount of money or property collected or received by

him in connection with the internal revenue laws, the Secretary

shall issue notice and demand to such officer or employee for

payment of the amount which he failed to account for and pay over,

and, upon failure to pay the amount demanded within the time

specified in such notice, the amount so demanded shall be deemed

imposed upon such officer or employee and assessed upon the date of

such notice and demand, and the provisions of chapter 64 and all

other provisions of law relating to the collection of assessed

taxes shall be applicable in respect of such amount.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 916; Pub. L. 94-455, title XIX,

Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 105-206,

title I, Sec. 1104(a), July 22, 1998, 112 Stat. 710.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-206 amended section catchline and text

generally, substituting present provisions for provisions which had

declared: in subsec. (a), that provisions of Reorganization Plans

No. 26 of 1950 and No. 1 of 1952 should apply to all functions

vested by this title, or by any act amending this title in any

officer, employee, or agency of the Department; and in subsec. (b),

that nothing in such Reorganization Plans should be considered to

impair existing rights and remedies, that for the purpose of any

action to recover tax all statutes, rules, and regulations

referring to collector of internal revenue, principal officer for

internal revenue district, or Secretary, should be deemed to refer

to officer whose acts gave rise to such action, and that venue of

any such action should be the same as under existing law.

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary".

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-206, title I, Sec. 1104(c), July 22, 1998, 112 Stat.

710, provided that: "The amendments made by this section [amending

this section and section 6344 of this title] shall take effect on

the date of the enactment of this Act [July 22, 1998]."

TERMINATION OF EMPLOYMENT FOR MISCONDUCT

Pub. L. 105-206, title I, Sec. 1203, July 22, 1998, 112 Stat.

720, provided that:

"(a) In General. - Subject to subsection (c), the Commissioner of

Internal Revenue shall terminate the employment of any employee of

the Internal Revenue Service if there is a final administrative or

judicial determination that such employee committed any act or

omission described under subsection (b) in the performance of the

employee's official duties. Such termination shall be a removal for

cause on charges of misconduct.

"(b) Acts or Omissions. - The acts or omissions referred to under

subsection (a) are -

"(1) willful failure to obtain the required approval signatures

on documents authorizing the seizure of a taxpayer's home,

personal belongings, or business assets;

"(2) providing a false statement under oath with respect to a

material matter involving a taxpayer or taxpayer representative;

"(3) with respect to a taxpayer, taxpayer representative, or

other employee of the Internal Revenue Service, the violation of

-

"(A) any right under the Constitution of the United States;

or

"(B) any civil right established under -

"(i) title VI or VII of the Civil Rights Act of 1964 [42

U.S.C. 2000d et seq., 2000e et seq.];

"(ii) title IX of the Education Amendments of 1972 [20

U.S.C. 1681 et seq.];

"(iii) the Age Discrimination in Employment Act of 1967 [29

U.S.C. 621 et seq.];

"(iv) the Age Discrimination Act of 1975 [42 U.S.C. 6101 et

seq.];

"(v) section 501 or 504 of the Rehabilitation Act of 1973

[29 U.S.C. 791, 794]; or

"(vi) title I of the Americans with Disabilities Act of

1990 [42 U.S.C. 12111 et seq.];

"(4) falsifying or destroying documents to conceal mistakes

made by any employee with respect to a matter involving a

taxpayer or taxpayer representative;

"(5) assault or battery on a taxpayer, taxpayer representative,

or other employee of the Internal Revenue Service, but only if

there is a criminal conviction, or a final judgment by a court in

a civil case, with respect to the assault or battery;

"(6) violations of the Internal Revenue Code of 1986,

Department of Treasury regulations, or policies of the Internal

Revenue Service (including the Internal Revenue Manual) for the

purpose of retaliating against, or harassing, a taxpayer,

taxpayer representative, or other employee of the Internal

Revenue Service;

"(7) willful misuse of the provisions of section 6103 of the

Internal Revenue Code of 1986 for the purpose of concealing

information from a congressional inquiry;

"(8) willful failure to file any return of tax required under

the Internal Revenue Code of 1986 on or before the date

prescribed therefor (including any extensions), unless such

failure is due to reasonable cause and not to willful neglect;

"(9) willful understatement of Federal tax liability, unless

such understatement is due to reasonable cause and not to willful

neglect; and

"(10) threatening to audit a taxpayer for the purpose of

extracting personal gain or benefit.

"(c) Determination of Commissioner. -

"(1) In general. - The Commissioner of Internal Revenue may

take a personnel action other than termination for an act or

omission under subsection (a).

"(2) Discretion. - The exercise of authority under paragraph

(1) shall be at the sole discretion of the Commissioner of

Internal Revenue and may not be delegated to any other officer.

The Commissioner of Internal Revenue, in his sole discretion, may

establish a procedure which will be used to determine whether an

individual should be referred to the Commissioner of Internal

Revenue for a determination by the Commissioner under paragraph

(1).

"(3) No appeal. - Any determination of the Commissioner of

Internal Revenue under this subsection may not be appealed in any

administrative or judicial proceeding.

"(d) Definition. - For purposes of the provisions described in

clauses (i), (ii), and (iv) of subsection (b)(3)(B), references to

a program or activity receiving Federal financial assistance or an

education program or activity receiving Federal financial

assistance shall include any program or activity conducted by the

Internal Revenue Service for a taxpayer."

EMPLOYEE TRAINING PROGRAM

Pub. L. 105-206, title I, Sec. 1205, July 22, 1998, 112 Stat.

722, provided that:

"(a) In General. - Not later than 180 days after the date of the

enactment of this Act [July 22, 1998], the Commissioner of Internal

Revenue shall implement an employee training program and shall

submit an employee training plan to the Committee on Finance of the

Senate and the Committee on Ways and Means of the House of

Representatives.

"(b) Contents. - The plan submitted under subsection (a) shall -

"(1) detail a comprehensive employee training program to ensure

adequate customer service training;

"(2) detail a schedule for training and the fiscal years during

which the training will occur;

"(3) detail the funding of the program and relevant information

to demonstrate the priority and commitment of resources to the

plan;

"(4) review the organizational design of customer service;

"(5) provide for the implementation of a performance

development system; and

"(6) provide for at least 16 hours of conflict management

training during fiscal year 1999 for employees conducting

collection activities."

CATALOGING COMPLAINTS

Pub. L. 105-206, title III, Sec. 3701, July 22, 1998, 112 Stat.

776, provided that: "In collecting data for the report required

under section 1211 of the Taxpayer Bill of Rights 2 (Public Law

104-168) [set out below], the Secretary of the Treasury or the

Secretary's delegate shall, not later than January 1, 2000,

maintain records of taxpayer complaints of misconduct by Internal

Revenue Service employees on an individual employee basis."

USE OF PSEUDONYMS BY INTERNAL REVENUE SERVICE EMPLOYEES

Pub. L. 105-206, title III, Sec. 3706, July 22, 1998, 112 Stat.

778, provided that:

"(a) In General. - Any employee of the Internal Revenue Service

may use a pseudonym only if -

"(1) adequate justification for the use of a pseudonym is

provided by the employee, including protection of personal

safety; and

"(2) such use is approved by the employee's supervisor before

the pseudonym is used.

"(b) Effective Date. - Subsection (a) shall apply to requests

made after the date of the enactment of this Act [July 22, 1998]."

REPORTS ON MISCONDUCT OF IRS EMPLOYEES

Pub. L. 104-168, title XII, Sec. 1211, July 30, 1996, 110 Stat.

1474, provided that: "On or before June 1 of each calendar year

after 1996, the Secretary of the Treasury shall submit to the

Committee on Ways and Means of the House of Representatives and the

Committee on Finance of the Senate a report on -

"(1) all categories of instances involving the misconduct of

employees of the Internal Revenue Service during the preceding

calendar year, and

"(2) the disposition during the preceding calendar year of any

such instances (without regard to the year of the misconduct)."

TAXPAYERS' RIGHTS, COURTESY AND CROSS-CULTURAL RELATIONS TRAINING

Pub. L. 107-67, title I, Sec. 102, Nov. 12, 2001, 115 Stat. 523,

provided that: "The Internal Revenue Service shall maintain a

training program to ensure that Internal Revenue Service employees

are trained in taxpayers' rights, in dealing courteously with the

taxpayers, and in cross-cultural relations."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-554, Sec. 1(a)(3) [title I, Sec. 102], Dec. 21, 2000,

114 Stat. 2763, 2763A-132.

Pub. L. 106-58, title I, Sec. 102, Sept. 29, 1999, 113 Stat. 437.

Pub. L. 105-277, div. A, Sec. 101(h) [title I, Sec. 102], Oct.

21, 1998, 112 Stat. 2681-480, 2681-488.

Pub. L. 105-61, title I, Sec. 102, Oct. 10, 1997, 111 Stat. 1281.

Pub. L. 104-208, div. A, title I, Sec. 101(f) [title I, Sec.

102], Sept. 30, 1996, 110 Stat. 3009-314, 3009-323.

Pub. L. 104-52, title I, Sec. 2, Nov. 19, 1995, 109 Stat. 474.

Pub. L. 103-329, title I, Sec. 2, Sept. 30, 1994, 108 Stat. 2388.

Pub. L. 103-123, title I, Sec. 2, Oct. 28, 1993, 107 Stat. 1232.

Pub. L. 102-393, title I, Sec. 2, Oct. 6, 1992, 106 Stat. 1735.

BASIS FOR EVALUATION OF INTERNAL REVENUE SERVICE EMPLOYEES

Pub. L. 105-206, title I, Sec. 1204, July 22, 1998, 112 Stat.

722, provided that:

"(a) In General. - The Internal Revenue Service shall not use

records of tax enforcement results -

"(1) to evaluate employees; or

"(2) to impose or suggest production quotas or goals with

respect to such employees.

"(b) Taxpayer Service. - The Internal Revenue Service shall use

the fair and equitable treatment of taxpayers by employees as one

of the standards for evaluating employee performance.

"(c) Certification. - Each appropriate supervisor shall certify

quarterly by letter to the Commissioner of Internal Revenue whether

or not tax enforcement results are being used in a manner

prohibited by subsection (a).

"(d) Technical and Conforming Amendment. - [Repealed section 6231

of Pub. L. 100-647, set out below.]

"(e) Effective Date. - This section shall apply to evaluations

conducted on or after the date of the enactment of this Act [July

22, 1998]."

Pub. L. 100-647, title VI, Sec. 6231, Nov. 10, 1988, 102 Stat.

3734, prohibited Internal Revenue Service use of records of tax

enforcement results to evaluate employees or to impose or suggest

production quotas or goals, and required quarterly certification

that results had not been used in prohibited manner, prior to

repeal by Pub. L. 105-206, title I, Sec. 1204(d), July 22, 1998,

112 Stat. 722.

SENSE OF CONGRESS AS TO INCREASED INTERNAL REVENUE SERVICE FUNDING

FOR TAXPAYER ASSISTANCE AND ENFORCEMENT

Pub. L. 100-203, title X, Sec. 10622, Dec. 22, 1987, 101 Stat.

1330-452, provided that:

"(a) Findings. - The Congress hereby finds that -

"(1) the Internal Revenue Service estimates that the amount of

taxes owed for 1986 will exceed the amount of taxes collected for

such year by $100 billion;

"(2) the current taxpayer compliance rate stands at 81.5

percent;

"(3) the tax gap can be significantly reduced by enhancing

taxpayer assistance services and enforcement; and

"(4) the Appropriations Committee of the House of

Representatives, in its fiscal year 1988 Internal Revenue Service

appropriation, took a step in the direction of providing

additional funding for taxpayer assistance and enforcement

efforts.

"(b) It is the sense of the Congress that:

"(1) The Congress increase outlays for the Internal Revenue

Service in fiscal year 1989 and fiscal year 1990 in the areas of

taxpayer assistance and enforcement by $.7 billion in fiscal year

1989 for a revenue total of $3.2 billion and by $.8 billion in

fiscal year 1990 for a revenue total of $4.4 billion. The net

revenue increase would be $2.5 billion in fiscal year 1989 and

$3.6 billion in fiscal year 1990, or a net revenue increase over

the House Appropriations Committee recommendations of $.4 billion

in fiscal year 1989 and $1.3 billion in fiscal year 1990.

"(2) The Internal Revenue Service offer improved taxpayer

assistance and enforcement efforts by using the aforementioned

outlays in areas recommended by, or consistent with the

recommendations of, the 'Dorgan Task Force Report'. Taxpayer

assistance efforts would include providing expanded taxpayer

education programs, instituting pilot programs of taxmobiles in

rural areas, and upgrading the quality of telephone assistance.

Taxpayer enforcement efforts would include raising the audit rate

from 1.1 percent toward 2.5 percent, restoring resources to

criminal investigations, and the collection of delinquent

accounts.

"(3) The Congress should undertake an experimental multiyear

authorization and 2-year appropriation for the Internal Revenue

Service consistent with the recommendations in Public Law

100-119, section 201 (Increasing the Statutory Limit on the

Public Debt) [2 U.S.C. 621 note].

"(4) Increased funding should be provided for compilation and

analysis of statistics of income and research.

The Internal Revenue Service must issue a report on the extent of

the tax gap and the measures that could be undertaken to decrease

the tax gap. The report must utilize more current data than has

been utilized recently. The report must be issued by April 15,

1989. The Internal Revenue Service must also report annually on the

improvements being made in the audit rate, taxpayer assistance, and

enforcement efforts."

TAX COUNSELING FOR THE ELDERLY

Pub. L. 95-600, title I, Sec. 163, Nov. 6, 1978, 92 Stat. 2810,

as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095, provided that:

"(a) Training and Technical Assistance. -

"(1) Agreements. - The Secretary, through the Internal Revenue

Service, is authorized to enter into agreements with private or

public nonprofit agencies or organizations for the purpose of

providing training and technical assistance to prepare volunteers

to provide tax counseling assistance for elderly individuals in

the preparation of their Federal income tax returns.

"(2) Other assistance. - In addition to any other forms of

technical assistance provided under this section, the Secretary

may provide -

"(A) preferential access to Internal Revenue Service taxpayer

service representatives for the purpose of making available

technical information needed during the course of the

volunteers' work;

"(B) material to be used in making elderly persons aware of

the availability of assistance under volunteer taxpayer

assistance programs under this section; and

"(C) technical materials and publications to be used by such

volunteers.

"(b) Powers of the Secretary. - In carrying out his

responsibilities under this section, the Secretary is authorized -

"(1) to provide assistance to organizations which demonstrate,

to the satisfaction of the Secretary, that their volunteers are

adequately trained and competent to render effective tax

counseling to the elderly;

"(2) to provide for the training of such volunteers, and to

assist in such training, to insure that such volunteers are

qualified to provide tax counseling assistance to elderly

individuals;

"(3) to provide reimbursement to volunteers through such

organizations for transportation, meals, and other expenses

incurred by them in training or providing tax counseling

assistance under this section, and such other support and

assistance as he determines to be appropriate in carrying out the

provisions of this section;

"(4) to provide for the use of services, personnel, and

facilities of Federal executive agencies and of State and local

public agencies with their consent, with or without reimbursement

therefor; and

"(5) to prescribe such rules and regulations as he deems

necessary to carry out the provisions of this section.

"(c) Employment of Volunteers. -

"(1) In general. - Service as a volunteer in any program

carried out under this section shall not be considered service as

an employee of the United States. Volunteers under such a program

shall not be considered Federal employees and shall not be

subject to the provisions of law relating to Federal employment,

except that the provisions of section 1905 of title 18, United

States Code, shall apply to volunteers as if they were employees

of the United States.

"(2) Expenses. - Amounts received by volunteers serving in any

program carried out under this section as reimbursement for

expenses are exempt from taxation under chapters 1 and 21 of the

Internal Revenue Code of 1986 [formerly I.R.C. 1954].

"(d) Publicity Relating to Income Tax Provisions Particularly

Important to the Elderly. - The Secretary shall, from time to time,

undertake to direct the attention of elderly individuals to those

provisions of the Internal Revenue Code of 1986 which are

particularly important to taxpayers who are elderly individuals,

such as the provisions of section 37 (relating to credit for the

elderly) and section 121 (relating to one-time exclusion of gain

from sale of principal residence) of the Internal Revenue Code of

1986.

"(e) Definitions. - For purposes of this section -

"(1) The term 'Secretary' means the Secretary of the Treasury

or his delegate.

"(2) The term 'elderly individual' means an individual who has

attained the age of 60 years as of the close of his taxable year.

"(3) The term 'Federal income tax return' means any return

required under chapter 61 of the Internal Revenue Code of 1986

with respect to the tax imposed on an individual under chapter 1

of such Code.

"(f) Authorization of Appropriations. - There are authorized to

be appropriated for the purpose of carrying out the provisions of

this section $2,500,000 for the fiscal year ending September 30,

1979, and $3,500,000 for the fiscal year ending September 30,

1980."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6344 of this title.

-End-

-CITE-

26 USC Sec. 7805 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter A - Application of Internal Revenue Laws

-HEAD-

Sec. 7805. Rules and regulations

-STATUTE-

(a) Authorization

Except where such authority is expressly given by this title to

any person other than an officer or employee of the Treasury

Department, the Secretary shall prescribe all needful rules and

regulations for the enforcement of this title, including all rules

and regulations as may be necessary by reason of any alteration of

law in relation to internal revenue.

(b) Retroactivity of regulations

(1) In general

Except as otherwise provided in this subsection, no temporary,

proposed, or final regulation relating to the internal revenue

laws shall apply to any taxable period ending before the earliest

of the following dates:

(A) The date on which such regulation is filed with the

Federal Register.

(B) In the case of any final regulation, the date on which

any proposed or temporary regulation to which such final

regulation relates was filed with the Federal Register.

(C) The date on which any notice substantially describing the

expected contents of any temporary, proposed, or final

regulation is issued to the public.

(2) Exception for promptly issued regulations

Paragraph (1) shall not apply to regulations filed or issued

within 18 months of the date of the enactment of the statutory

provision to which the regulation relates.

(3) Prevention of abuse

The Secretary may provide that any regulation may take effect

or apply retroactively to prevent abuse.

(4) Correction of procedural defects

The Secretary may provide that any regulation may apply

retroactively to correct a procedural defect in the issuance of

any prior regulation.

(5) Internal regulations

The limitation of paragraph (1) shall not apply to any

regulation relating to internal Treasury Department policies,

practices, or procedures.

(6) Congressional authorization

The limitation of paragraph (1) may be superseded by a

legislative grant from Congress authorizing the Secretary to

prescribe the effective date with respect to any regulation.

(7) Election to apply retroactively

The Secretary may provide for any taxpayer to elect to apply

any regulation before the dates specified in paragraph (1).

(8) Application to rulings

The Secretary may prescribe the extent, if any, to which any

ruling (including any judicial decision or any administrative

determination other than by regulation) relating to the internal

revenue laws shall be applied without retroactive effect.

(c) Preparation and distribution of regulations, forms, stamps, and

other matters

The Secretary shall prepare and distribute all the instructions,

regulations, directions, forms, blanks, stamps, and other matters

pertaining to the assessment and collection of internal revenue.

(d) Manner of making elections prescribed by Secretary

Except to the extent otherwise provided by this title, any

election under this title shall be made at such time and in such

manner as the Secretary shall prescribe.

(e) Temporary regulations

(1) Issuance

Any temporary regulation issued by the Secretary shall also be

issued as a proposed regulation.

(2) 3-year duration

Any temporary regulation shall expire within 3 years after the

date of issuance of such regulation.

(f) Review of impact of regulations on small business

(1) Submissions to Small Business Administration

After publication of any proposed or temporary regulation by

the Secretary, the Secretary shall submit such regulation to the

Chief Counsel for Advocacy of the Small Business Administration

for comment on the impact of such regulation on small business.

Not later than the date 4 weeks after the date of such

submission, the Chief Counsel for Advocacy shall submit comments

on such regulation to the Secretary.

(2) Consideration of comments

In prescribing any final regulation which supersedes a proposed

or temporary regulation which had been submitted under this

subsection to the Chief Counsel for Advocacy of the Small

Business Administration -

(A) the Secretary shall consider the comments of the Chief

Counsel for Advocacy on such proposed or temporary regulation,

and

(B) the Secretary shall discuss any response to such comments

in the preamble of such final regulation.

(3) Submission of certain final regulations

In the case of the promulgation by the Secretary of any final

regulation (other than a temporary regulation) which does not

supersede a proposed regulation, the requirements of paragraphs

(1) and (2) shall apply; except that -

(A) the submission under paragraph (1) shall be made at least

4 weeks before the date of such promulgation, and

(B) the consideration (and discussion) required under

paragraph (2) shall be made in connection with the promulgation

of such final regulation.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 917; Pub. L. 94-455, title XIX,

Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98-369,

div. A, title I, Sec. 43(b), July 18, 1984, 98 Stat. 558; Pub. L.

100-647, title VI, Sec. 6232(a), Nov. 10, 1988, 102 Stat. 3734;

Pub. L. 101-508, title XI, Sec. 11621(a), Nov. 5, 1990, 104 Stat.

1388-503; Pub. L. 104-168, title XI, Sec. 1101(a), July 30, 1996,

110 Stat. 1468; Pub. L. 105-206, title III, Sec. 3704, July 22,

1998, 112 Stat. 777.)

-MISC1-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-206 struck out "by regulations or

forms" before "prescribe".

1996 - Subsec. (b). Pub. L. 104-168 struck out "or rulings" after

"regulations" in heading and amended text generally. Prior to

amendment, text read as follows: "The Secretary may prescribe the

extent, if any, to which any ruling or regulation, relating to the

internal revenue laws, shall be applied without retroactive

effect."

1990 - Subsec. (f). Pub. L. 101-508 substituted heading for one

which read "Impact of regulations on small business reviewed" and

amended text generally. Prior to amendment, text read as follows:

"After the publication of any proposed regulation by the Secretary

and before the promulgation of any final regulation by the

Secretary which does not supersede a proposed regulation, the

Secretary shall submit such regulation to the Administrator of the

Small Business Administration for comment on the impact of such

regulation on small business. The Administrator shall have 4 weeks

from the date of submission to respond."

1988 - Subsecs. (e), (f). Pub. L. 100-647 added subsecs. (e) and

(f).

1984 - Pub. L. 98-369 added subsec. (d).

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary" wherever appearing.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1101(b) of Pub. L. 104-168 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to regulations which relate to statutory provisions enacted

on or after the date of the enactment of this Act [July 30, 1996]."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 11621(b) of Pub. L. 101-508 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

regulations issued after the date which is 30 days after the date

of the enactment of this Act [Nov. 5, 1990]."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 6232(b) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section] shall apply to any

regulation issued after the date which is 10 days after the date of

the enactment of this Act [Nov. 10, 1988]."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 applicable to taxable years ending

after July 18, 1984, see section 44 of Pub. L. 98-369, set out as

an Effective Date note under section 1271 of this title.

INTERNET AVAILABILITY

Pub. L. 105-206, title II, Sec. 2003(d), July 22, 1998, 112 Stat.

725, provided that: "In the case of taxable periods beginning after

December 31, 1998, the Secretary of the Treasury or the Secretary's

delegate shall establish procedures for all tax forms,

instructions, and publications created in the most recent 5-year

period to be made available electronically on the Internet in a

searchable database at approximately the same time such records are

available to the public in paper form. In addition, in the case of

taxable periods beginning after December 31, 1998, the Secretary of

the Treasury or the Secretary's delegate shall, to the extent

practicable, establish procedures for other taxpayer guidance to be

made available electronically on the Internet in a searchable

database at approximately the same time such guidance is available

to the public in paper form."

-End-

-CITE-

26 USC Sec. 7806 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter A - Application of Internal Revenue Laws

-HEAD-

Sec. 7806. Construction of title

-STATUTE-

(a) Cross references

The cross references in this title to other portions of the

title, or other provisions of law, where the word "see" is used,

are made only for convenience, and shall be given no legal effect.

(b) Arrangement and classification

No inference, implication, or presumption of legislative

construction shall be drawn or made by reason of the location or

grouping of any particular section or provision or portion of this

title, nor shall any table of contents, table of cross references,

or similar outline, analysis, or descriptive matter relating to the

contents of this title be given any legal effect. The preceding

sentence also applies to the sidenotes and ancillary tables

contained in the various prints of this Act before its enactment

into law.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 917.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), is act Aug. 16, 1954.

-End-

-CITE-

26 USC Sec. 7807 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter A - Application of Internal Revenue Laws

-HEAD-

Sec. 7807. Rules in effect upon enactment of this title

-STATUTE-

(a) Interim provision for administration of title

Until regulations are promulgated under any provision of this

title which depends for its application upon the promulgation of

regulations (or which is to be applied in such manner as may be

prescribed by regulations) all instructions, rules or regulations

which are in effect immediately prior to the enactment of this

title shall, to the extent such instructions, rules, or regulations

could be prescribed as regulations under authority of such

provision, be applied as if promulgated as regulations under such

provision.

(b) Provisions of this title corresponding to prior internal

revenue laws

(1) Reference to law applicable to prior period

Any provision of this title which refers to the application of

any portion of this title to a prior period (or which depends

upon the application to a prior period of any portion of this

title) shall, when appropriate and consistent with the purpose of

such provision, be deemed to refer to (or depend upon the

application of) the corresponding provision of the Internal

Revenue Code of 1939 or of such other internal revenue laws as

were applicable to the prior period.

(2) Elections or other acts

If an election or other act under the provisions of the

Internal Revenue Code of 1939 would, if this title had not been

enacted, be given effect for a period subsequent to the date of

enactment of this title, and if corresponding provisions are

contained in this title, such election or other act shall be

given effect under the corresponding provisions of this title.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 917.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1939, referred to in subsec. (b), is

act Feb. 10, 1939, ch. 2, 53 Stat. 1, as amended. Prior to the

enactment of the Internal Revenue Code of 1986 [formerly I.R.C.

1954], the 1939 Code was classified to former Title 26, Internal

Revenue Code. The Internal Revenue Code of 1954 was redesignated

The Internal Revenue Code of 1986 by Pub. L. 99-514, Sec. 2, Oct.

22, 1986, 100 Stat. 2095. For table of comparisons of the 1939 Code

to the 1986 Code, see Table I preceding section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 481 of this title.

-End-

-CITE-

26 USC Sec. 7808 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter A - Application of Internal Revenue Laws

-HEAD-

Sec. 7808. Depositaries for collections

-STATUTE-

The Secretary is authorized to designate one or more depositaries

in each State for the deposit and safe-keeping of the money

collected by virtue of the internal revenue laws; and the receipt

of the proper officer of such depositary to the proper officer or

employee of the Treasury Department for the money deposited by him

shall be a sufficient voucher for such Treasury officer or employee

in the settlement of his accounts.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 918; Pub. L. 94-455, title XIX,

Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary".

-End-

-CITE-

26 USC Sec. 7809 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter A - Application of Internal Revenue Laws

-HEAD-

Sec. 7809. Deposit of collections

-STATUTE-

(a) General rule

Except as provided in subsections (b) and (c) and in sections

7651, 7652, 7654, and 7810, the gross amount of all taxes and

revenues received under the provisions of this title, and

collections of whatever nature received or collected by authority

of any internal revenue law, shall be paid daily into the Treasury

of the United States under instructions of the Secretary as

internal revenue collections, by the officer or employee receiving

or collecting the same, without any abatement or deduction on

account of salary, compensation, fees, costs, charges, expenses, or

claims of any description. A certificate of such payment, stating

the name of the depositor and the specific account on which the

deposit was made, signed by the Treasurer of the United States,

designated depositary, or proper officer of a deposit bank, shall

be transmitted to the Secretary.

(b) Deposit funds

In accordance with instructions of the Secretary, there shall be

deposited with the Treasurer of the United States in a deposit fund

account -

(1) Sums offered in compromise

Sums offered in compromise under the provisions of section

7122;

(2) Sums offered for purchase of real estate

Sums offered for the purchase of real estate under the

provisions of section 7506;

(3) Surplus proceeds in sales under levy

Surplus proceeds in any sale under levy, after making allowance

for the amount of the tax, interest, penalties, and additions

thereto, and for costs and charges of the levy and sale; and

(4) Surplus proceeds in sales of redeemed property

Surplus proceeds in any sale under section 7506 of real

property redeemed by the United States, after making allowance

for the amount of the tax, interest, penalties, and additions

thereto, and for the costs of sale.

Upon the acceptance of such offer in compromise or offer for the

purchase of such real estate, the amount so accepted shall be

withdrawn from such deposit fund account and deposited in the

Treasury of the United States as internal revenue collections. Upon

the rejection of any such offer, the Secretary shall refund to the

maker of such offer the amount thereof.

(c) Deposit of certain receipts

Moneys received in payment for -

(1) Work or services performed pursuant to section 6103(p)

(relating to furnishing of copies of returns or of return

information), and section 6108(b) (relating to special

statistical studies and compilations);

(2) work or services performed (including materials supplied)

pursuant to section 7516 (relating to the supplying of training

and training aids on request);

(3) other work or services performed for a State or a

department or agency of the Federal Government (subject to all

provisions of law and regulations governing disclosure of

information) in supplying copies of, or data from, returns,

statements, or other documents filed under authority of this

title or records maintained in connection with the administration

and enforcement of this title; and

(4) work or services performed (including materials supplied)

pursuant to section 6110 (relating to public inspection of

written determinations),

shall be deposited in a separate account which may be used to

reimburse appropriations which bore all or part of the costs of

such work or services, or to refund excess sums when necessary.

(d) Deposit of funds for law enforcement agency account

(1) In general

In the case of any amounts recovered as the result of

information provided to the Internal Revenue Service by State and

local law enforcement agencies which substantially contributed to

such recovery, an amount equal to 10 percent of such amounts

shall be deposited in a separate account which shall be used to

make the reimbursements required under section 7624.

(2) Deposit in Treasury as internal revenue collections

If any amounts remain in such account after payment of any

qualified costs incurred under section 7624, such amounts shall

be withdrawn from such account and deposited in the Treasury of

the United States as internal revenue collections.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 918; Pub. L. 87-870, Sec. 3(b),

Oct. 23, 1962, 76 Stat. 1161; Pub. L. 89-719, title I, Sec. 112(b),

Nov. 2, 1966, 80 Stat. 1146; Pub. L. 94-455, title XII, Sec.

1202(h)(5), title XIX, Secs. 1906(a)(59), (b)(13)(A), Oct. 4, 1976,

90 Stat. 1688, 1833, 1834; Pub. L. 94-528, Sec. 2(d), Oct. 17,

1976, 90 Stat. 2483; Pub. L. 100-690, title VII, Sec. 7602(b), Nov.

18, 1988, 102 Stat. 4507.)

-MISC1-

AMENDMENTS

1988 - Subsec. (d). Pub. L. 100-690 added subsec. (d).

1976 - Subsec. (a). Pub. L. 94-455, Sec. 1906(a)(59), (b)(13)(A),

struck out "4735, 4762" after "and in sections", and "or his

delegate" after "Secretary" in two places.

Subsec. (b). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out "or

his delegate" after "Secretary" wherever appearing.

Subsec. (c)(1). Pub. L. 94-455, Sec. 1202(h)(5), substituted

"section 6103(p) (relating to furnishing of copies of returns or of

return information), and section 6108(b) (relating to special

statistical studies and compilations)" for "section 7515 (relating

to special statistical studies and compilations for other services

on request)" after "performed pursuant to".

Subsec. (c)(4). Pub. L. 94-528 added par. (4).

1966 - Subsecs. (a), (b)(4). Pub. L. 89-719 inserted reference to

section 7810 in subsec. (a) and added subsec. (b)(4).

1962 - Subsec. (a). Pub. L. 87-870, Sec. 3(b)(1), substituted

"subsections (b) and (c) and in" for "subsection (b),".

Subsec. (c). Pub. L. 87-870, Sec. 3(b)(2), added subsec. (c).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 applicable to information first

provided more than 90 days after Nov. 18, 1988, see section 7602(e)

of Pub. L. 100-690, set out as a note under section 6103 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENTS

Section 2(e) of Pub. L. 94-528 provided that: "The amendments

made by this section [amending this section and provisions set out

as notes under sections 6334, 6851, and 7609 of this title] shall

take effect on the date of the enactment of the Tax Reform Act of

1976 [Oct. 4, 1976]."

Amendment by section 1202(h)(5) of Pub. L. 94-455 effective Jan.

1, 1977, see section 1202(i) of Pub. L. 94-455, set out as a note

under section 6103 of this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-719 applicable after Nov. 2, 1966,

regardless of when title or lien of United States arose or when

lien or interest of another person was acquired, with certain

exceptions, see section 114(a)-(c) of Pub. L. 89-719, set out as a

note under section 6323 of this title.

AUTHORIZATION OF APPROPRIATIONS

Section 7602(f) of Pub. L. 100-690 provided that: "There is

authorized to be appropriated from the account referred to in

section 7809(d) of the Internal Revenue Code of 1986 such sums as

may be necessary to make the payments authorized by section 7624 of

such Code."

-End-

-CITE-

26 USC Sec. 7810 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter A - Application of Internal Revenue Laws

-HEAD-

Sec. 7810. Revolving fund for redemption of real property

-STATUTE-

(a) Establishment of fund

There is established a revolving fund, under the control of the

Secretary, which shall be available without fiscal year limitation

for all expenses necessary for the redemption (by the Secretary) of

real property as provided in section 7425(d) and section 2410 of

title 28 of the United States Code. There are authorized to be

appropriated from time to time such sums (not to exceed $10,000,000

in the aggregate) as may be necessary to carry out the purposes of

this section.

(b) Reimbursement of fund

The fund shall be reimbursed from the proceeds of a subsequent

sale of real property redeemed by the United States in an amount

equal to the amount expended out of such fund for such redemption.

(c) System of accounts

The Secretary shall maintain an adequate system of accounts for

such fund and prepare annual reports on the basis of such accounts.

-SOURCE-

(Added Pub. L. 89-719, title I, Sec. 112(a), Nov. 2, 1966, 80 Stat.

1145; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct.

4, 1976, 90 Stat. 1834; Pub. L. 98-369, div. A, title IV, Sec. 443,

July 18, 1984, 98 Stat. 816.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-369 substituted "$10,000,000" for

"$1,000,000".

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary" wherever appearing.

EFFECTIVE DATE

Section applicable after Nov. 2, 1966, regardless of when title

or lien of United States arose or when lien or interest of another

person was acquired, with certain exceptions, see section

114(a)-(c) of Pub. L. 89-719, set out as an Effective Date of 1966

Amendment note under section 6323 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7809 of this title.

-End-

-CITE-

26 USC Sec. 7811 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter A - Application of Internal Revenue Laws

-HEAD-

Sec. 7811. Taxpayer Assistance Orders

-STATUTE-

(a) Authority to issue

(1) In general

Upon application filed by a taxpayer with the Office of the

Taxpayer Advocate (in such form, manner, and at such time as the

Secretary shall by regulations prescribe), the National Taxpayer

Advocate may issue a Taxpayer Assistance Order if -

(A) the National Taxpayer Advocate determines the taxpayer is

suffering or about to suffer a significant hardship as a result

of the manner in which the internal revenue laws are being

administered by the Secretary; or

(B) the taxpayer meets such other requirements as are set

forth in regulations prescribed by the Secretary.

(2) Determination of hardship

For purposes of paragraph (1), a significant hardship shall

include -

(A) an immediate threat of adverse action;

(B) a delay of more than 30 days in resolving taxpayer

account problems;

(C) the incurring by the taxpayer of significant costs

(including fees for professional representation) if relief is

not granted; or

(D) irreparable injury to, or a long-term adverse impact on,

the taxpayer if relief is not granted.

(3) Standard where administrative guidance not followed

In cases where any Internal Revenue Service employee is not

following applicable published administrative guidance (including

the Internal Revenue Manual), the National Taxpayer Advocate

shall construe the factors taken into account in determining

whether to issue a Taxpayer Assistance Order in the manner most

favorable to the taxpayer.

(b) Terms of a Taxpayer Assistance Order

The terms of a Taxpayer Assistance Order may require the

Secretary within a specified time period -

(1) to release property of the taxpayer levied upon, or

(2) to cease any action, take any action as permitted by law,

or refrain from taking any action, with respect to the taxpayer

under -

(A) chapter 64 (relating to collection),

(B) subchapter B of chapter 70 (relating to bankruptcy and

receiverships),

(C) chapter 78 (relating to discovery of liability and

enforcement of title), or

(D) any other provision of law which is specifically

described by the National Taxpayer Advocate in such order.

(c) Authority to modify or rescind

Any Taxpayer Assistance Order issued by the National Taxpayer

Advocate under this section may be modified or rescinded -

(1) only by the National Taxpayer Advocate, the Commissioner of

Internal Revenue, or the Deputy Commissioner of Internal Revenue,

and

(2) only if a written explanation of the reasons for the

modification or rescission is provided to the National Taxpayer

Advocate.

(d) Suspension of running of period of limitation

The running of any period of limitation with respect to any

action described in subsection (b) shall be suspended for -

(1) the period beginning on the date of the taxpayer's

application under subsection (a) and ending on the date of the

National Taxpayer Advocate's decision with respect to such

application, and

(2) any period specified by the National Taxpayer Advocate in a

Taxpayer Assistance Order issued pursuant to such application.

(e) Independent action of National Taxpayer Advocate

Nothing in this section shall prevent the National Taxpayer

Advocate from taking any action in the absence of an application

under subsection (a).

(f) National Taxpayer Advocate

For purposes of this section, the term "National Taxpayer

Advocate" includes any designee of the National Taxpayer Advocate.

-SOURCE-

(Added Pub. L. 100-647, title VI, Sec. 6230(a), Nov. 10, 1988, 102

Stat. 3733; amended Pub. L. 104-168, title I, Secs. 101(b)(1),

102(a), (b), July 30, 1996, 110 Stat. 1455, 1456; Pub. L. 105-206,

title I, Sec. 1102(c), (d)(1)(C)-(G), (2), (3), July 22, 1998, 112

Stat. 703, 704; Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec.

319(28), (29)], Dec. 21, 2000, 114 Stat. 2763, 2763A-648.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(3). Pub. L. 106-554, Sec. 1(a)(7) [title III,

Sec. 319(28)], substituted "Taxpayer Assistance Order" for

"taxpayer assistance order".

Subsec. (d)(1). Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec.

319(29)], substituted "National Taxpayer Advocate's" for

"Ombudsman's".

1998 - Subsec. (a). Pub. L. 105-206, Sec. 1102(c), reenacted

heading without change and amended text generally. Prior to

amendment, text read as follows: "Upon application filed by a

taxpayer with the Office of the Taxpayer Advocate (in such form,

manner, and at such time as the Secretary shall by regulations

prescribe), the Taxpayer Advocate may issue a Taxpayer Assistance

Order if, in the determination of the Taxpayer Advocate, the

taxpayer is suffering or about to suffer a significant hardship as

a result of the manner in which the internal revenue laws are being

administered by the Secretary."

Subsec. (b)(2)(D). Pub. L. 105-206, Sec. 1102(d)(1)(C),

substituted "National Taxpayer Advocate" for "Taxpayer Advocate".

Subsec. (c). Pub. L. 105-206, Sec. 1102(d)(1)(D), substituted

"National Taxpayer Advocate" for "Taxpayer Advocate" wherever

appearing.

Subsec. (d)(1). Pub. L. 105-206, Sec. 1102(d)(2), which directed

amendment of par. (1) by substituting "National Taxpayer

Advocate's" for "Taxpayer Advocate's", could not be executed

because the words "Taxpayer Advocate's" did not appear.

Subsec. (d)(2). Pub. L. 105-206, Sec. 1102(d)(1)(E), substituted

"National Taxpayer Advocate" for "Taxpayer Advocate".

Subsec. (e). Pub. L. 105-206, Sec. 1102(d)(1)(F), (3),

substituted "National Taxpayer Advocate" for "Taxpayer Advocate" in

heading and text.

Subsec. (f). Pub. L. 105-206, Sec. 1102(d)(1)(G), (3),

substituted "National Taxpayer Advocate" for "Taxpayer Advocate" in

heading and in two places in text.

1996 - Subsec. (a). Pub. L. 104-168, Sec. 101(b)(1), substituted

"the Office of the Taxpayer Advocate" for "the Office of the

Ombudsman" and substituted "Taxpayer Advocate" for "Ombudsman" in

two places.

Subsec. (b). Pub. L. 104-168, Sec. 102(a)(1), inserted "within a

specified time period" after "the Secretary".

Subsec. (b)(2). Pub. L. 104-168, Sec. 102(a)(2), inserted "take

any action as permitted by law," after "cease any action,".

Subsec. (b)(2)(D). Pub. L. 104-168, Sec. 101(b)(1)(B),

substituted "Taxpayer Advocate" for "Ombudsman".

Subsec. (c). Pub. L. 104-168, Sec. 102(b), reenacted heading

without change and amended text generally. Prior to amendment, text

read as follows: "Any Taxpayer Assistance Order issued by the

Ombudsman under this section may be modified or rescinded only by

the Ombudsman, a district director, a service center director, a

compliance center director, a regional director of appeals, or any

superior of any such person."

Subsecs. (d)(2) to (f). Pub. L. 104-168, Sec. 101(b)(1)(B),

substituted "Taxpayer Advocate" for "Ombudsman" wherever appearing.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 101(b)(1) of Pub. L. 104-168 effective July

30, 1996, see section 101(c) of Pub. L. 104-168, set out as a note

under section 7802 of this title.

Section 102(c) of Pub. L. 104-168 provided that: "The amendments

made by this section [amending this section] shall take effect on

the date of the enactment of this Act [July 30, 1996]."

EFFECTIVE DATE

Section 6230(d) of Pub. L. 100-647 provided that: "The amendments

made by this section [enacting this section] shall take effect on

January 1, 1989."

REGULATIONS

Section 6230(c) of Pub. L. 100-647 provided that: "The Secretary

of the Treasury or the Secretary's delegate shall issue such

regulations as the Secretary deems necessary within 90 days of the

date of the enactment of this Act [Nov. 10, 1988] in order to carry

out the purposes of section 7811 of the 1986 Code (as added by this

section) and to ensure taxpayers uniform access to administrative

procedures."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7803 of this title.

-End-

-CITE-

26 USC Subchapter B - Effective Date and Related

Provisions 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter B - Effective Date and Related Provisions

-HEAD-

SUBCHAPTER B - EFFECTIVE DATE AND RELATED PROVISIONS

-MISC1-

Sec.

7851. Applicability of revenue laws.

7852. Other applicable rules.

-End-

-CITE-

26 USC Sec. 7851 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter B - Effective Date and Related Provisions

-HEAD-

Sec. 7851. Applicability of revenue laws

-STATUTE-

(a) General rules

Except as otherwise provided in any section of this title -

(1) Subtitle A

(A) Chapters 1, 2, 4,(!1) and 6 of this title shall apply only

with respect to taxable years beginning after December 31, 1953,

and ending after the date of enactment of this title, and with

respect to such taxable years, chapters 1 (except sections 143

and 144) and 2, and section 3801, of the Internal Revenue Code of

1939 are hereby repealed.

(B) Chapters 3 and 5 (!1) of this title shall apply with

respect to payments and transfers occurring after December 31,

1954, and as to such payments and transfers sections 143 and 144

and chapter 7 of the Internal Revenue Code of 1939 are hereby

repealed.

(C) Any provision of subtitle A of this title the applicability

of which is stated in terms of a specific date (occurring after

December 31, 1953), or in terms of taxable years ending after a

specific date (occurring after December 31, 1953), shall apply to

taxable years ending after such specific date. Each such

provision shall, in the case of a taxable year subject to the

Internal Revenue Code of 1939, be deemed to be included in the

Internal Revenue Code of 1939, but shall be applicable only to

taxable years ending after such specific date. The provisions of

the Internal Revenue Code of 1939 superseded by provisions of

subtitle A of this title the applicability of which is stated in

terms of a specific date (occurring after December 31, 1953)

shall be deemed to be included in subtitle A of this title, but

shall be applicable only to the period prior to the taking effect

of the corresponding provision of subtitle A.

(D) Effective with respect to taxable years ending after March

31, 1954, and subject to tax under chapter 1 of the Internal

Revenue Code of 1939 -

(i) Sections 13(b)(3), 26(b)(2)(C), 26(h) (1)(C) (including

the comma and the word "and" immediately preceding such

section), 26(i)(3), 108(k), 207(a)(1)(C), 207(a)(3)(C), and the

last sentence of section 362(b)(3) of such Code are hereby

repealed; and

(ii) Sections 13(b)(2), 26(b)(2)(B), 26(h) (1)(B), 26(i)(2),

207(a)(1)(B), 207(a)(3)(B), 421(a)(1)(B), and the second

sentence of section 362(b)(3) of such Code are hereby amended

by striking out "and before April 1, 1954" (and any

accompanying punctuation) wherever appearing therein.

(2) Subtitle B

(A) Chapter 11 of this title shall apply with respect to

estates of decedents dying after the date of enactment of this

title, and with respect to such estates chapter 3 of the Internal

Revenue Code of 1939 is hereby repealed.

(B) Chapter 12 of this title shall apply with respect to the

calendar year 1955 and all calendar years thereafter, and with

respect to such years chapter 4 of the Internal Revenue Code of

1939 is hereby repealed.

(3) Subtitle C

Subtitle C of this title shall apply only with respect to

remuneration paid after December 31, 1954, except that chapter 22

of such subtitle shall apply only with respect to remuneration

paid after December 31, 1954, which is for services performed

after such date. Chapter 9 of the Internal Revenue Code of 1939

is hereby repealed with respect to remuneration paid after

December 31, 1954, except that subchapter B of such chapter (and

subchapter E of such chapter to the extent it relates to

subchapter B) shall remain in force and effect with respect to

remuneration paid after December 31, 1954, for services performed

on or before such date.

(4) Subtitle D

Subtitle D of this title shall take effect on January 1, 1955.

Subtitles B and C of the Internal Revenue Code of 1939 (except

chapters 7, 9, 15, 26, and 28, subchapter B of chapter 25, and

parts VII and VIII of subchapter A of chapter 27 of such code)

are hereby repealed effective January 1, 1955. Provisions having

the same effect as section 6416(b)(2)(H),(!1) and so much of

section 4082(c)(!1) as refers to special motor fuels, shall be

considered to be included in the Internal Revenue Code of 1939

effective as of May 1, 1954. Section 2450(a) of the Internal

Revenue Code of 1939 (as amended by the Excise Tax Reduction Act

of 1954) applies to the period beginning on April 1, 1954, and

ending on December 31, 1954.

(5) Subtitle E

Subtitle E shall take effect on January 1, 1955, except that

the provisions in section 5411 permitting the use of a brewery

under regulations prescribed by the Secretary for the purpose of

producing and bottling soft drinks, section 5554, and chapter 53

shall take effect on the day after the date of enactment of this

title. Subchapter B of chapter 25, and part VIII of subchapter A

of chapter 27, of the Internal Revenue Code of 1939 are hereby

repealed effective on the day after the date of enactment of this

title. Chapters 15 and 26, and part VII of subchapter A of

chapter 27, of the Internal Revenue Code of 1939 are hereby

repealed effective January 1, 1955.

(6) Subtitle F

(A) General rule

The provisions of subtitle F shall take effect on the day

after the date of enactment of this title and shall be

applicable with respect to any tax imposed by this title. The

provisions of subtitle F shall apply with respect to any tax

imposed by the Internal Revenue Code of 1939 only to the extent

provided in subparagraphs (B) and (C) of this paragraph.

(B) Assessment, collection, and refunds

Notwithstanding the provisions of subparagraph (A), and

notwithstanding any contrary provision of subchapter A of

chapter 63 (relating to assessment), chapter 64 (relating to

collection), or chapter 65 (relating to abatements, credits,

and refunds) of this title, the provisions of part II of

subchapter A of chapter 28 and chapters 35, 36, and 37 (except

section 3777) of subtitle D of the Internal Revenue Code of

1939 shall remain in effect until January 1, 1955, and shall

also be applicable to the taxes imposed by this title. On and

after January 1, 1955, the provisions of subchapter A of

chapter 63, chapter 64, and chapter 65 (except section 6405) of

this title shall be applicable to all internal revenue taxes

(whether imposed by this title or by the Internal Revenue Code

of 1939), notwithstanding any contrary provision of part II of

subchapter A of chapter 28, or of chapter 35, 36, or 37, of the

Internal Revenue Code of 1939. The provisions of section 6405

(relating to reports of refunds and credits) shall be

applicable with respect to refunds or credits allowed after the

date of enactment of this title, and section 3777 of the

Internal Revenue Code of 1939 is hereby repealed with respect

to such refunds and credits.

(C) Taxes imposed under the 1939 Code

After the date of enactment of this title, the following

provisions of subtitle F shall apply to the taxes imposed by

the Internal Revenue Code of 1939, notwithstanding any contrary

provisions of such code:

(i) Chapter 73, relating to bonds.

(ii) Chapter 74, relating to closing agreements and

compromises.

(iii) Chapter 75, relating to crimes and other offenses,

but only insofar as it relates to offenses committed after

the date of enactment of this title, and in the case of such

offenses, section 6531, relating to periods of limitation on

criminal prosecution, shall be applicable. The penalties

(other than penalties which may be assessed) provided by the

Internal Revenue Code of 1939 shall not apply to offenses,

committed after the date of enactment of this title, to which

chapter 75 of this title is applicable.

(iv) Chapter 76, relating to judicial proceedings.

(v) Chapter 77, relating to miscellaneous provisions,

except that section 7502 shall apply only if the mailing

occurs after the date of enactment of this title, and section

7503 shall apply only if the last date referred to therein

occurs after the date of enactment of this title.

(vi) Chapter 78, relating to discovery of liability and

enforcement of title.

(vii) Chapter 79, relating to definitions.

(viii) Chapter 80, relating to application of internal

revenue laws, effective date, and related provisions.

(D) Chapter 28 and subtitle D of 1939 Code

Except as otherwise provided in subparagraphs (B) and (C),

the provisions of chapter 28 and of subtitle D of the Internal

Revenue Code of 1939 shall remain in effect with respect to

taxes imposed by the Internal Revenue Code of 1939.

(7) Other provisions

If the effective date of any provision of the Internal Revenue

Code of 1986 is not otherwise provided in this section or in any

other section of this title, such provision shall take effect on

the day after the date of enactment of this title. If the repeal

of any provision of the Internal Revenue Code of 1939 is not

otherwise provided by this section or by any other section of

this title, such provision is hereby repealed effective on the

day after the date of enactment of this title.

(b) Effect of repeal of Internal Revenue Code of 1939

(1) Existing rights and liabilities

The repeal of any provision of the Internal Revenue Code of

1939 shall not affect any act done or any right accruing or

accrued, or any suit or proceeding had or commenced in any civil

cause, before such repeal; but all rights and liabilities under

such code shall continue, and may be enforced in the same manner,

as if such repeal had not been made.

(2) Existing offices

The repeal of any provision of the Internal Revenue Code of

1939 shall not abolish, terminate, or otherwise change -

(A) any internal revenue district,

(B) any office, position, board, or committee, or

(C) the appointment or employment of any officer or employee,

existing immediately preceding the enactment of this title, the

continuance of which is not manifestly inconsistent with any

provision of this title, but the same shall continue unless and

until changed by lawful authority.

(3) Existing delegations of authority

Any delegation of authority made pursuant to the provisions of

Reorganization Plan Numbered 26 of 1950 or Reorganization Plan

Numbered 1 of 1952, including any redelegation of authority made

pursuant to any such delegation of authority, and in effect under

the Internal Revenue Code of 1939 immediately preceding the

enactment of this title shall, notwithstanding the repeal of such

code, remain in effect for purposes of this title, unless

distinctly inconsistent or manifestly incompatible with the

provisions of this title. The preceding sentence shall not be

construed as limiting in any manner the power to amend, modify,

or revoke any such delegation or redelegation of authority.

(c) Crimes and forfeitures

All offenses committed, and all penalties or forfeitures

incurred, under any provision of law hereby repealed, may be

prosecuted and punished in the same manner and with the same effect

as if this title had not been enacted.

(d) Periods of limitation

All periods of limitation, whether applicable to civil causes and

proceedings, or to the prosecution of offenses, or for the recovery

of penalties or forfeitures, hereby repealed shall not be affected

thereby, but all suits, proceedings, or prosecutions, whether civil

or criminal, for causes arising, or acts done or committed, prior

to said repeal, may be commenced and prosecuted within the same

time as if this title had not been enacted.

(e) Reference to other provisions

For the purpose of applying the Internal Revenue Code of 1939 or

the Internal Revenue Code of 1986 to any period, any reference in

either such code to another provision of the Internal Revenue Code

of 1939 or the Internal Revenue Code of 1986 which is not then

applicable to such period shall be deemed a reference to the

corresponding provision of the other code which is then applicable

to such period.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 919; Pub. L. 94-455, title XIX,

Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 4 of this title, referred to in subsec. (a)(1)(A), was

repealed by Pub. L. 101-508, title XI, Sec. 11801(a)(37), Nov. 5,

1990, 104 Stat. 1388-521.

The date of enactment of this title, referred to in subsecs.

(a)(1)(A), (5), (6)(A) to (C), (7), (b)(2), (3), is Aug. 16, 1954.

Various provisions of the Internal Revenue Code of 1939, referred

to in text and described below, have corresponding provisions

appearing in the Internal Revenue Code of 1986 [formerly I.R.C.

1954]. For table of comparisons of the 1939 Code to the 1986 Code,

see Table I preceding section 1 of this title. See, also, subsec.

(e) of this section for provision that references in the 1986 Code

to a provision in the 1939 Code, not then applicable, shall be

deemed a reference to the corresponding provision of the 1986 Code,

which is then applicable.

Chapter 1 of the Internal Revenue Code of 1939, referred to in

subsec. (a)(1)(A), (D), was comprised of sections 1 to 482 of

former Title 26, Internal Revenue Code. Sections 1 to 33 were

repealed by subsec. (a)(1)(A) of this section, section 34 was

repealed by act Feb. 25, 1944, ch. 63, title I, Sec. 106(c)(2), 58

Stat. 31, sections 35 to 184 were repealed by subsec. (a)(1)(A) of

this section, section 185 was repealed by act Feb. 25, 1944, ch.

63, title I, Sec. 107(a), 58 Stat. 31, sections 201 to 263 were

repealed by subsec. (a)(1)(A) of this section, section 264 was

repealed by act Oct. 21, 1942, ch. 619, title I, Sec. 159(e), 56

Stat. 860, sections 265 to 362 were repealed by subsec. (a)(1)(A)

of this section, section 363 was repealed by act Oct. 21, 1942, ch.

619, title I, Sec. 170(a), 56 Stat. 878, sections 371 to 482 were

repealed by subsec. (a)(1)(A) of this section.

Sections 143 and 144 of the Internal Revenue Code of 1939,

referred to in subsec. (a)(1)(A), (B), were classified to sections

143 and 144 of former Title 26, Internal Revenue Code.

Chapter 2 of the Internal Revenue Code of 1939, referred to in

subsec. (a)(1)(A), was comprised of sections 500 to 784 of former

Title 26, Internal Revenue Code. Sections 500 to 511 and 650 to 706

were repealed by subsec. (a)(1)(A) of this section, sections 600 to

605 were repealed by act Nov. 8, 1945, ch. 453, title II, Sec. 202,

59 Stat. 574, sections 710 to 736, 740, 742 to 744, 750, 751, 760,

761 and 780 to 784 were repealed by act Nov. 8, 1945, ch. 453,

title I, Sec. 122(a), 59 Stat. 568, section 741 was repealed by act

Oct. 21, 1942, ch. 619, title II, Secs. 224(b), 228(b), 56 Stat.

920, 925, section 752 was repealed by act Oct. 21, 1942, ch. 619,

title II, Sec. 229(a)(1), 56 Stat. 931, eff. as of Oct. 8, 1940.

Section 3801 of the Internal Revenue Code of 1939, referred to in

subsec. (a)(1)(A), was classified to section 3801 of former Title

26, Internal Revenue Code. Section 3801 was repealed by subsec.

(a)(1)(A) of this section.

Chapter 5 of this title, referred to in subsec. (a)(1)(B), was

repealed by Pub. L. 105-34, title XI, Sec. 1131(a), Aug. 5, 1997,

111 Stat. 978.

Chapter 7 of the Internal Revenue Code of 1939, referred to in

subsec. (a)(1)(B), (4), was comprised of sections 1250 to 1254 of

former Title 26, Internal Revenue Code.

The Internal Revenue Code of 1939, referred to in subsecs.

(a)(1)(C), (4), (6)(A) to (C), (C)(iii), (D), (7), (b)(1) to (3),

(e), is act Feb. 10, 1939, ch. 2, 53 Stat. 1, as amended. Prior to

the enactment of the Internal Revenue Code of 1986 [formerly I.R.C.

1954], the 1939 Code was classified to former Title 26, Internal

Revenue Code.

Sections 13(b)(3), 26(b)(2)(C), 26(h)(1)(C), 26(i)(3), 108(k),

207(a)(1)(C), 207(a)(3)(C), and the last sentence of section

362(b)(3), referred to in subsec. (a)(1)(D)(i), were classified to

former sections 13(b)(3), 26(b)(2)(C), (h)(1)(C), (i)(3), 108(k),

207(a)(1)(C), (3)(C), and 362(b)(3) of former Title 26, Internal

Revenue Code. Sections 13(b)(3), 26(b)(2)(C), (h)(1)(C), (i)(3),

108(k), 207(a)(1)(C), (3)(C), and 362(b)(3) were repealed by

subsec. (a)(1)(d)(i) of this section.

Sections 13(b)(2), 26(b)(2)(B), 26(h)(1)(B), 26(i)(2),

207(a)(1)(B), 207(a)(3)(B), 421(a)(1)(B), and the second sentence

of section 362(b)(3), referred to in subsec. (a)(1)(D)(ii), were

classified to sections 13(b)(2), 26(b)(2)(B), (h)(1)(B), (i)(2),

207(a)(1)(B), (3)(B), 421(a)(1)(B), and 362(b)(3) of former Title

26, Internal Revenue Code.

Chapter 3 of the Internal Revenue Code of 1939, referred to in

subsec. (a)(2)(A), was comprised of sections 800 to 951 of former

Title 26, Internal Revenue Code.

Chapter 4 of the Internal Revenue Code of 1939, referred to in

subsec. (a)(2)(B), was comprised of sections 1000 to 1031 of former

Title 26, Internal Revenue Code.

Chapter 9 of the Internal Revenue Code of 1939, referred to in

subsec. (a)(3), (4), was comprised of sections 1400 to 1636 of

former Title 26, Internal Revenue Code. Subchapters B and E of

chapter 9 of the Internal Revenue Code of 1939 were comprised of

sections 1500 to 1538, and 1630 to 1636, respectively, of former

Title 26.

Subtitles B and C of the Internal Revenue Code of 1939, referred

to in subsec. (a)(4), were comprised of chapters 6 to 28, sections

1200 to 3361, and chapters 29 to 33A, sections 3400 to 3540,

respectively, of former Title 26, Internal Revenue Code. Sections

1200 to 1207 of former Title 26 were repealed by act Nov. 8, 1945,

ch. 453, title II, Sec. 201, 59 Stat. 574. Sections 1250 to 1254,

1400 to 1627, 1631 to 1805, 1807 to 2300, 2302 to 2362, 2400 to

2475, 2477 to 2905, 2908 to 3150, 3152, 3153, 3155 to 3195, 3206 to

3212, 3220 to 3301, 3303 to 3335, 3350 to 3409, 3412 to 3451, and

3453 to 3508 of former Title 26, were repealed by subsec. (a)(4) of

this section. Sections 1300 and 1301 were repealed by act June 10,

1952, ch. 390, 66 Stat. 133. Section 1630 was repealed by act Aug.

27, 1949, ch. 517, Sec. 4(b), 63 Stat. 668. Section 1806 was

repealed by act Mar. 11, 1947, ch. 117, Sec. 8(c), 61 Stat. 13.

Section 2301 was repealed by act Mar. 16, 1950, ch. 61, Sec. 1, 64

Stat. 20. Sections 2380 to 2390, and 3215 to 3217 were repealed by

act Oct. 21, 1942, ch. 619, title VI, Sec. 619, 56 Stat. 979.

Section 2476 was repealed by act Apr. 30, 1946, ch. 244, title V,

Sec. 506(b), 60 Stat. 157. Sections 2906 and 3302 were repealed by

act Feb. 21, 1950, ch. 36, Sec. 7, 64 Stat. 8. Section 2907 was

repealed by act July 22, 1941, ch. 314, 55 Stat. 602. Sections 3151

and 3154 were repealed by act Aug. 27, 1949, ch. 498, Sec. 6, 63

Stat. 626. Sections 3200 to 3202 were repealed by act Mar. 16,

1950, ch. 61, Sec. 2, 64 Stat. 20. Sections 3340 to 3343 were

repealed by act Apr. 30, 1946, ch. 244, title V, Sec. 507(b), 60

Stat. 157. Section 3411 was repealed by act Oct. 20, 1951, ch. 521,

title IV, Sec. 488(a), 65 Stat. 536. Section 3452 was repealed by

act Sept. 20, 1941, ch. 412, title V, Sec. 501, 55 Stat. 706.

Sections 3520 to 3528 expired by their own terms on Apr. 26, 1941.

Section 3540 was repealed by act Nov. 8, 1945, ch. 453, title III,

Sec. 301, 59 Stat. 575.

Chapter 15 of the Internal Revenue Code of 1939, referred to in

subsec. (a)(4), (5), was comprised of sections 2000 to 2199 of

former Title 26, Internal Revenue Code. Chapter 15 was repealed by

subsec. (a)(5) of this section.

Chapter 26 of the Internal Revenue Code of 1939, referred to in

subsec. (a)(4), (5), was comprised of sections 2800 to 3195 of

former Title 26, Internal Revenue Code. Sections 2800 to 2905, 2908

to 3150, 3152, 3153, 3155 to 3195 were repealed by subsec. (a)(5)

of this section. Section 2906 was repealed by act Feb. 21, 1950,

ch. 36, Sec. 7, 64 Stat. 8. Section 2907 was repealed by act July

22, 1941, ch. 314, Sec. 3, 55 Stat. 602. Sections 3151 and 3154

were repealed by act Aug. 23, 1949, ch. 498, Sec. 6, 63 Stat. 626.

Chapter 28 of the Internal Revenue Code of 1939, referred to in

subsec. (a)(4), (6)(B), (D), was comprised of sections 3300 to 3361

of former Title 26, Internal Revenue Code. Part II of subchapter A

of chapter 27 of the Internal Revenue Code of 1939 was comprised of

sections 3310 to 3314 of former Title 26.

Subchapter B of chapter 25 of the Internal Revenue Code of 1939,

referred to in subsec. (a)(4), (5), was comprised of sections 2720

to 2734 of former Title 26, Internal Revenue Code. Subchapter B of

chapter 25 of the Internal Revenue Code of 1939 was repealed by

subsec. (a)(5) of this section.

Parts VII and VIII of subchapter A of chapter 27 of the Internal

Revenue Code of 1939, referred to in subsec. (a)(4), (5), were

comprised of sections 3250 to 3255 and 3260 to 3266, respectively,

of former Title 26, Internal Revenue Code. Parts VII and VIII of

subchapter A of chapter 27 of the Internal Revenue Code of 1939

were repealed by subsec. (a)(5) of this section.

Section 6416(b)(2)(H), referred to in subsec. (a)(4), was

repealed by Pub. L. 98-369, div. A, title VII, Sec. 735(c)(13)(B),

July 18, 1984, 98 Stat. 984.

Section 4082, referred to in subsec. (a)(4), was amended

generally by Pub. L. 99-514, title XVII, Sec. 1703(a), Oct. 22,

1986, 100 Stat. 2775, and, as so amended, did not contain a subsec.

(c). Subsequently, section 4082 was amended generally by Pub. L.

103-66, title XIII, Sec. 13242(a), Aug. 10, 1993, 107 Stat. 517,

and, as so amended, contains a subsec. (c) relating to regulations.

Section 4082 was further amended by Pub. L. 104-188, title I, Sec.

1801(a), Aug. 20, 1996, 110 Stat. 1891, which added a subsec. (c),

relating to exception to dyeing requirements, and redesignated

former subsec. (c), relating to regulations, as (d).

Section 2450(a) of the Internal Revenue Code of 1939, referred to

in subsec. (a)(4), was classified to section 2450 of former Title

26, Internal Revenue Code. Section 2450 was repealed by subsec.

(a)(4) of this section.

The Excise Tax Reduction Act of 1954, referred to in subsec.

(a)(4), is act Mar. 31, 1954, ch. 126, 68 Stat. 37.

Subtitle D of the Internal Revenue Code of 1939, referred to in

subsec. (a)(6)(B), (D), was comprised of chapters 34 to 38,

sections 3600 to 3781 of former Title 26, Internal Revenue Code.

Chapters 35, 36, and 37 of subtitle D of the Internal Revenue Code

of 1939 were comprised of sections 3640 to 3647, 3650 to 3762, and

3770 to 3781, respectively, of former Title 26.

Section 3777 of the Internal Revenue Code of 1939, referred to in

subsec. (a)(6)(B), was classified to section 3777 of former Title

26, Internal Revenue Code. Section 3777 was repealed by subsec.

(a)(6)(B) of this section.

Reorganization Plan Numbered 26 of 1950, referred to in subsec.

(b)(3), is Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R.

4935, 64 Stat. 1280, which is set out in the Appendix to Title 5,

Government Organization and Employees.

Reorganization Plan Numbered 1 of 1952, referred to in subsec.

(b)(3), is Reorg. Plan No. 1 of 1952, eff. Mar. 14, 1952, 17 F.R.

2243, 66 Stat. 823, which is set out in Appendix to Title 5.

-MISC1-

AMENDMENTS

1986 - Subsecs. (a)(7), (e). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954".

1976 - Subsec. (a)(5). Pub. L. 94-455 struck out "or his

delegate" after "Secretary".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6013 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

26 USC Sec. 7852 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter B - Effective Date and Related Provisions

-HEAD-

Sec. 7852. Other applicable rules

-STATUTE-

(a) Separability clause

If any provision of this title, or the application thereof to any

person or circumstances, is held invalid, the remainder of the

title, and the application of such provision to other persons or

circumstances, shall not be affected thereby.

(b) Reference in other laws to Internal Revenue Code of 1939

Any reference in any other law of the United States or in any

Executive order to any provision of the Internal Revenue Code of

1939 shall, where not otherwise distinctly expressed or manifestly

incompatible with the intent thereof, be deemed also to refer to

the corresponding provision of this title.

(c) Items not to be twice included in income or deducted therefrom

Except as otherwise distinctly expressed or manifestly intended,

the same item (whether of income, deduction, credit, or otherwise)

shall not be taken into account both in computing a tax under

subtitle A of this title and a tax under chapter 1 or 2 of the

Internal Revenue Code of 1939.

(d) Treaty obligations

(1) In general

For purposes of determining the relationship between a

provision of a treaty and any law of the United States affecting

revenue, neither the treaty nor the law shall have preferential

status by reason of its being a treaty or law.

(2) Savings clause for 1954 treaties

No provision of this title (as in effect without regard to any

amendment thereto enacted after August 16, 1954) shall apply in

any case where its application would be contrary to any treaty

obligation of the United States in effect on August 16, 1954.

(e) Privacy Act of 1974

The provisions of subsections (d)(2), (3), and (4), and (g) of

section 552a of title 5, United States Code, shall not be applied,

directly or indirectly, to the determination of the existence or

possible existence of liability (or the amount thereof) of any

person for any tax, penalty, interest, fine, forfeiture, or other

imposition or offense to which the provisions of this title apply.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 922; Pub. L. 94-455, title XII,

Sec. 1202(g), Oct. 4, 1976, 90 Stat. 1688; Pub. L. 100-647, title

I, Sec. 1012(aa)(1)(A), Nov. 10, 1988, 102 Stat. 3531.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1939, referred to in subsec. (b), is

act Feb. 10, 1939, ch. 2, 53 Stat. 1. Prior to the enactment of the

Internal Revenue Code of 1986 [formerly I.R.C. 1954], the 1939 Code

was classified to former Title 26, Internal Revenue Code. The

Internal Revenue Code of 1954 was redesignated The Internal Revenue

Code of 1986 by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095. For table of comparisons of the 1939 Code to the 1986 Code,

see Table I preceding section 1 of this title.

Chapters 1 and 2 of the Internal Revenue Code of 1939, referred

to in subsec. (c), are chapters 1 and 2 of former Title 26,

Internal Revenue Code. For history of such chapters, see References

in Text note set out under section 7851 of this title.

The Privacy Act of 1974, referred to in subsec. (e), is Pub. L.

93-579, Dec. 31, 1974, 88 Stat. 1896, as amended, which enacted

section 552a of Title 5, Government Organization and Employees, and

enacted notes set out under section 552a of Title 5. For complete

classification of this Act to the Code, see Short Title note set

out under section 552a of Title 5 and Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (d). Pub. L. 100-647 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "No

provision of this title shall apply in any case where its

application would be contrary to any treaty obligation of the

United States in effect on the date of enactment of this title."

1976 - Subsec. (e). Pub. L. 94-455 added subsec. (e).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1012(aa)(1)(B) of Pub. L. 100-647 provided that: "Section

7852(d)(1) of the 1986 Code, as added by subparagraph (A), shall

apply to any taxable period with respect to which the time for

assessment of any deficiency has not expired by reason of any law

or rule of law before the date of the enactment of this Act [Nov.

10, 1988]."

Amendment by Pub. L. 100-647 effective, except as otherwise

provided, as if included in the provision of the Tax Reform Act of

1986, Pub. L. 99-514, to which such amendment relates, see section

1019(a) of Pub. L. 100-647, set out as a note under section 1 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-455 effective Jan. 1, 1977, see section

1202(i) of Pub. L. 94-455, set out as a note under section 6103 of

this title.

APPLICATION OF SUBSEC. (D) TO PUB. L. 87-834

Pub. L. 87-834, Sec. 31, Oct. 16, 1962, 76 Stat. 1069, as amended

by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided

that: "Section 7852(d) of the Internal Revenue Code of 1986

[formerly I.R.C. 1954] (relating to treaty obligations) shall not

apply in respect of any amendment made by this Act [see Short Title

of 1962 Amendments note set out under section 1 of this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 269B, 894 of this title;

title 42 section 1307.

-End-

-CITE-

26 USC Subchapter C - Provisions Affecting More Than One

Subtitle 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter C - Provisions Affecting More Than One Subtitle

-HEAD-

SUBCHAPTER C - PROVISIONS AFFECTING MORE THAN ONE SUBTITLE

-MISC1-

Sec.

7871. Indian tribal governments treated as States for

certain purposes.

7872. Treatment of loans with below-market interest rates.

7873. Income derived by Indians from exercise of fishing

rights.

AMENDMENTS

1988 - Pub. L. 100-647, title III, Sec. 3041(b), Nov. 10, 1988,

102 Stat. 3641, added item 7873.

1984 - Pub. L. 98-369, div. A, title I, Sec. 172(b), July 18,

1984, 98 Stat. 703, added item 7872.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 7701 of this title;

title 25 sections 566, 715a.

-End-

-CITE-

26 USC Sec. 7871 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter C - Provisions Affecting More Than One Subtitle

-HEAD-

Sec. 7871. Indian tribal governments treated as States for certain

purposes

-STATUTE-

(a) General rule

An Indian tribal government shall be treated as a State -

(1) for purposes of determining whether and in what amount any

contribution or transfer to or for the use of such government (or

a political subdivision thereof) is deductible under -

(A) section 170 (relating to income tax deduction for

charitable, etc., contributions and gifts),

(B) sections 2055 and 2106(a)(2) (relating to estate tax

deduction for transfers of public, charitable, and religious

uses), or

(C) section 2522 (relating to gift tax deduction for

charitable and similar gifts);

(2) subject to subsection (b), for purposes of any exemption

from, credit or refund of, or payment with respect to, an excise

tax imposed by -

(A) chapter 31 (relating to tax on special fuels),

(B) chapter 32 (relating to manufacturers excise taxes),

(C) subchapter B of chapter 33 (relating to communications

excise tax), or

(D) subchapter D of chapter 36 (relating to tax on use of

certain highway vehicles);

(3) for purposes of section 164 (relating to deduction for

taxes);

(4) subject to subsection (c), for purposes of section 103

(relating to State and local bonds);

(5) for purposes of section 511(a)(2)(B) (relating to the

taxation of colleges and universities which are agencies or

instrumentalities of governments or their political

subdivisions);

(6) for purposes of -

(A) section 105(e) (relating to accident and health plans),

(B) section 403(b)(1)(A)(ii) (relating to the taxation of

contributions of certain employers for employee annuities), and

(C) section 454(b)(2) (relating to discount obligations); and

(7) for purposes of -

(A) chapter 41 (relating to tax on excess expenditures to

influence legislation), and

(B) subchapter A of chapter 42 (relating to private

foundations).

(b) Additional requirements for excise tax exemptions

Paragraph (2) of subsection (a) shall apply with respect to any

transaction only if, in addition to any other requirement of this

title applicable to similar transactions involving a State or

political subdivision thereof, the transaction involves the

exercise of an essential governmental function of the Indian tribal

government.

(c) Additional requirements for tax-exempt bonds

(1) In general

Subsection (a) of section 103 shall apply to any obligation

(not described in paragraph (2)) issued by an Indian tribal

government (or subdivision thereof) only if such obligation is

part of an issue substantially all of the proceeds of which are

to be used in the exercise of any essential governmental

function.

(2) No exemption for private activity bonds

Except as provided in paragraph (3), subsection (a) of section

103 shall not apply to any private activity bond (as defined in

section 141(a)) issued by an Indian tribal government (or

subdivision thereof).

(3) Exception for certain private activity bonds

(A) In general

In the case of an obligation to which this paragraph applies

-

(i) paragraph (2) shall not apply,

(ii) such obligation shall be treated for purposes of this

title as a qualified small issue bond, and

(iii) section 146 shall not apply.

(B) Obligations to which paragraph applies

This paragraph shall apply to any obligation issued as part

of an issue if -

(i) 95 percent or more of the net proceeds of the issue are

to be used for the acquisition, construction, reconstruction,

or improvement of property which is of a character subject to

the allowance for depreciation and which is part of a

manufacturing facility (as defined in section 144(a)(12)(C)),

(ii) such issue is issued by an Indian tribal government or

a subdivision thereof,

(iii) 95 percent or more of the net proceeds of the issue

are to be used to finance property which -

(I) is to be located on land which, throughout the 5-year

period ending on the date of issuance of such issue, is

part of the qualified Indian lands of the issuer, and

(II) is to be owned and operated by such issuer,

(iv) such obligation would not be a private activity bond

without regard to subparagraph (C),

(v) it is reasonably expected (at the time of issuance of

the issue) that the employment requirement of subparagraph

(D)(i) will be met with respect to the facility to be

financed by the net proceeds of the issue, and

(vi) no principal user of such facility will be a person

(or group of persons) described in section 144(a)(6)(B).

For purposes of clause (iii), section 150(a)(5) shall apply.

(C) Private activity bond rules to apply

An obligation to which this paragraph applies (other than an

obligation described in paragraph (1)) shall be treated for

purposes of this title as a private activity bond.

(D) Employment requirements

(i) In general

The employment requirements of this subparagraph are met

with respect to a facility financed by the net proceeds of an

issue if, as of the close of each calendar year in the

testing period, the aggregate face amount of all outstanding

tax-exempt private activity bonds issued to provide financing

for the establishment which includes such facility is not

more than 20 times greater than the aggregate wages (as

defined by section 3121(a)) paid during the preceding

calendar year to individuals (who are enrolled members of the

Indian tribe of the issuer or the spouse of any such member)

for services rendered at such establishment.

(ii) Failure to meet requirements

(I) In general

If, as of the close of any calendar year in the testing

period, the requirements of this subparagraph are not met

with respect to an establishment, section 103 shall cease

to apply to interest received or accrued (on all private

activity bonds issued to provide financing for the

establishment) after the close of such calendar year.

(II) Exception

Subclause (I) shall not apply if the requirements of this

subparagraph would be met if the aggregate face amount of

all tax-exempt private activity bonds issued to provide

financing for the establishment and outstanding at the

close of the 90th day after the close of the calender year

were substituted in clause (i) for such bonds outstanding

at the close of such calendar year.

(iii) Testing period

For purposes of this subparagraph, the term "testing

period" means, with respect to an issue, each calendar year

which begins more than 2 years after the date of issuance of

the issue (or, in the case of a refunding obligation, the

date of issuance of the original issue).

(E) Definitions

For purposes of this paragraph -

(i) Qualified Indian lands

The term "qualified Indian lands" means land which is held

in trust by the United States for the benefit of an Indian

tribe.

(ii) Indian tribe

The term "Indian tribe" means any Indian tribe, band,

nation, or other organized group or community which is

recognized as eligible for the special programs and services

provided by the United States to Indians because of their

status as Indians.

(iii) Net proceeds

The term "net proceeds" has the meaning given such term by

section 150(a)(3).

(d) Treatment of subdivisions of Indian tribal governments as

political subdivisions

For the purposes specified in subsection (a), a subdivision of an

Indian tribal government shall be treated as a political

subdivision of a State if (and only if) the Secretary determines

(after consultation with the Secretary of the Interior) that such

subdivision has been delegated the right to exercise one or more of

the substantial governmental functions of the Indian tribal

government.

(e) Essential governmental function

For purposes of this section, the term "essential governmental

function" shall not include any function which is not customarily

performed by State and local governments with general taxing

powers.

-SOURCE-

(Added Pub. L. 97-473, title II, Sec. 202(a), Jan. 14, 1983, 96

Stat. 2608; amended Pub. L. 98-21, title I, Sec. 122(c)(6), Apr.

20, 1983, 97 Stat. 87; Pub. L. 98-369, div. A, title IV, Sec.

474(r)(41), title X, Sec. 1065(b), July 18, 1984, 98 Stat. 847,

1048; Pub. L. 99-514, title I, Secs. 112(b)(4), 123(b)(3), title

XIII, Sec. 1301(j)(6), (7), title XVIII, Secs. 1878(i), 1899A(65),

Oct. 22, 1986, 100 Stat. 2109, 2113, 2658, 2905, 2962; Pub. L.

100-203, title X, Sec. 10632(a), (b), Dec. 22, 1987, 101 Stat.

1330-455; Pub. L. 103-66, title XIII, Sec. 13222(d), Aug. 10, 1993,

107 Stat. 481.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(6)(B) to (D). Pub. L. 103-66 redesignated

former subpars. (C) and (D) as (B) and (C), respectively, and

struck out former subpar. (B) which read as follows: "section

162(e) (relating to appearances, etc., with respect to

legislation),".

1987 - Subsec. (c)(2). Pub. L. 100-203, Sec. 10632(b)(2),

substituted "Except as provided in paragraph (3), subsection (a)"

for "Subsection (a)".

Subsec. (c)(3). Pub. L. 100-203, Sec. 10632(b)(1), added par.

(3).

Subsec. (e). Pub. L. 100-203, Sec. 10632(a), added subsec. (e).

1986 - Subsec. (a)(4). Pub. L. 99-514, Sec. 1301(j)(6),

substituted "(relating to State and local bonds)" for "(relating to

interest on certain governmental obligations)".

Subsec. (a)(6). Pub. L. 99-514, Sec. 123(b)(3), redesignated

subpars. (C) to (E), as previously redesignated by section

112(b)(4) of Pub. L. 99-514, as (B) to (D), respectively, and

struck out previously redesignated subpar. (B), which read as

follows: "section 117(b)(2)(A) (relating to scholarships and

fellowship grants),".

Pub. L. 99-514, Sec. 112(b)(4), redesignated subpars. (B) to (F)

as (A) to (E), respectively, and struck out former subpar. (A)

which read as follows: "section 24(c)(4) (defining State for

purposes of credit for contribution to candidates for public

offices),".

Pub. L. 99-514, Sec. 1878(i), made technical amendment to

directory language of Pub. L. 98-369, Sec. 1065(b). See 1984

Amendment note below.

Subsec. (a)(6)(D). Pub. L. 99-514, Sec. 1899A(65), substituted ";

and" for period at end.

Subsec. (c)(2). Pub. L. 99-514, Sec. 1301(j)(7), amended par. (2)

generally. Prior to amendment, par. (2) read as follows:

"Subsection (a) of section 103 shall not apply to any of the

following issued by an Indian tribal government (or subdivision

thereof):

"(A) An industrial development bond (as defined in section

103(b)(2)).

"(B) An obligation described in section 103(l)(1)(A) (relating

to scholarship bonds).

"(C) A mortgage subsidy bond (as defined in paragraph (1) of

section 103A(b) without regard to paragraph (2) thereof)."

1984 - Subsec. (a)(6)(A). Pub. L. 98-369, Sec. 474(r)(41),

substituted "section 24(c)(4)" for "section 41(c)(4)".

Subsec. (a)(6)(B) to (F). Pub. L. 98-369, Sec. 1065(b), as

amended by Pub. L. 99-514, Sec. 1878(i), added subpars. (B), (D),

and (F), and redesignated former subpars. (B) and (C) as (C) and

(E), respectively.

1983 - Subsec. (a)(6). Pub. L. 98-21 redesignated subpars. (B) to

(D) as (A) to (C), respectively, and struck out former subpar. (A),

which referred to section 37(e)(9)(A) (relating to certain public

retirement systems).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-66 applicable to amounts paid or

incurred after Dec. 31, 1993, see section 13222(e) of Pub. L.

103-66 set out as a note under section 162 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 10632(c) of Pub. L. 100-203 provided that: "The

amendments made by this section [amending this section] shall apply

to obligations issued after October 13, 1987."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 112(b)(4) of Pub. L. 99-514 applicable to

taxable years beginning after Dec. 31, 1986, see section 151(a) of

Pub. L. 99-514, set out as a note under section 1 of this title.

Amendment by section 123(b)(3) of Pub. L. 99-514 applicable to

taxable years beginning after Dec. 31, 1986, but only in the case

of scholarships and fellowships granted after Aug. 16, 1986, see

section 151(d) of Pub. L. 99-514, set out as a note under section 1

of this title.

Amendment by section 1301(j)(6), (7) of Pub. L. 99-514 applicable

to bonds issued after Aug. 15, 1986, except as otherwise provided,

see sections 1311 to 1318 of Pub. L. 99-514, set out as an

Effective Date; Transitional Rules note under section 141 of this

title.

Amendment by section 1878(i) of Pub. L. 99-514 effective, except

as otherwise provided, as if included in the provisions of the Tax

Reform Act of 1984, Pub. L. 98-369, div. A, to which such amendment

relates, see section 1881 of Pub. L. 99-514, set out as a note

under section 48 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 474(r)(41) of Pub. L. 98-369 applicable to

taxable years beginning after Dec. 31, 1983, and to carrybacks from

such years, see section 475(a) of Pub. L. 98-369, set out as a note

under section 21 of this title.

Section 1065(c) of Pub. L. 98-369 provided that: "The amendment

made by subsection (b) [amending this section] shall apply to

taxable years beginning after December 31, 1984."

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-21 applicable to taxable years beginning

after Dec. 31, 1983, except that if an individual's annuity

starting date was deferred under section 105(d)(6) of this title as

in effect on the day before Apr. 20, 1983, such deferral shall end

on the first day of such individual's first taxable year beginning

after Dec. 31, 1983, see section 122(d) of Pub. L. 98-21, set out

as a note under section 22 of this title.

EFFECTIVE DATE

Section 204 of title II of Pub. L. 97-473, as amended by Pub. L.

98-369, div. A, title X, Sec. 1065(a), July 18, 1984, 98 Stat.

1048; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095,

provided that: "The amendments made by this title [enacting this

section, amending sections 41, 103, 164, 170, 2055, 2106, 2522,

4227, 4484, 6420, 6421, 6424, 6427, and 7701 of this title, and

enacting provisions set out as a note under section 1 of this

title] -

"(1) insofar as they relate to chapter 1 of the Internal

Revenue Code of 1986 [formerly I.R.C. 1954] [26 U.S.C. 1 et seq.]

(other than section 103 thereof), shall apply to taxable years

beginning after December 31, 1982,

"(2) insofar as they relate to section 103 of such Code, shall

apply to obligations issued after December 31, 1982,

"(3) insofar as they relate to chapter 11 of such Code [26

U.S.C. 2001 et seq.], shall apply to estates of decedents dying

after December 31, 1982,

"(4) insofar as they relate to chapter 12 of such Code [26

U.S.C. 2501 et seq.], shall apply to gifts made after December

31, 1982, and

"(5) insofar as they relate to taxes imposed by subtitle D of

such Code [26 U.S.C. 4041 et seq.], shall take effect on January

1, 1983."

SHORT TITLE

For short title of title II of Pub. L. 97-473 as the "Indian

Tribal Governmental Tax Status Act of 1982", see Short Title of

1983 Amendments note set out under section 1 of this title.

APPLICABILITY OF CERTAIN AMENDMENTS BY PUB. L. 99-514 IN RELATION

TO TREATY OBLIGATIONS OF UNITED STATES

For nonapplication of amendment by section 123(b)(3) of Pub. L.

99-514 to the extent application of such amendment would be

contrary to any treaty obligation of the United States in effect on

Oct. 22, 1986, see section 1012(aa)(3), (4) of Pub. L. 100-647, set

out as a note under section 861 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or

title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1989, see section 1140 of Pub. L. 99-514, as amended, set out as a

note under section 401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 164, 170, 401, 1022,

2055, 2106, 2522, 4227, 4484, 6420, 6421, 6427, 7701 of this title;

title 25 section 566.

-End-

-CITE-

26 USC Sec. 7872 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter C - Provisions Affecting More Than One Subtitle

-HEAD-

Sec. 7872. Treatment of loans with below-market interest rates

-STATUTE-

(a) Treatment of gift loans and demand loans

(1) In general

For purposes of this title, in the case of any below-market

loan to which this section applies and which is a gift loan or a

demand loan, the forgone interest shall be treated as -

(A) transferred from the lender to the borrower, and

(B) retransferred by the borrower to the lender as interest.

(2) Time when transfers made

Except as otherwise provided in regulations prescribed by the

Secretary, any forgone interest attributable to periods during

any calendar year shall be treated as transferred (and

retransferred) under paragraph (1) on the last day of such

calendar year.

(b) Treatment of other below-market loans

(1) In general

For purposes of this title, in the case of any below-market

loan to which this section applies and to which subsection (a)(1)

does not apply, the lender shall be treated as having transferred

on the date the loan was made (or, if later, on the first day on

which this section applies to such loan), and the borrower shall

be treated as having received on such date, cash in an amount

equal to the excess of -

(A) the amount loaned, over

(B) the present value of all payments which are required to

be made under the terms of the loan.

(2) Obligation treated as having original issue discount

For purposes of this title -

(A) In general

Any below-market loan to which paragraph (1) applies shall be

treated as having original issue discount in an amount equal to

the excess described in paragraph (1).

(B) Amount in addition to other original issue discount

Any original issue discount which a loan is treated as having

by reason of subparagraph (A) shall be in addition to any other

original issue discount on such loan (determined without regard

to subparagraph (A)).

(c) Below-market loans to which section applies

(1) In general

Except as otherwise provided in this subsection and subsection

(g), this section shall apply to -

(A) Gifts

Any below-market loan which is a gift loan.

(B) Compensation-related loans

Any below-market loan directly or indirectly between -

(i) an employer and an employee, or

(ii) an independent contractor and a person for whom such

independent contractor provides services.

(C) Corporation-shareholder loans

Any below-market loan directly or indirectly between a

corporation and any shareholder of such corporation.

(D) Tax avoidance loans

Any below-market loan 1 of the principal purposes of the

interest arrangements of which is the avoidance of any Federal

tax.

(E) Other below-market loans

To the extent provided in regulations, any below-market loan

which is not described in subparagraph (A), (B), (C), or (F) if

the interest arrangements of such loan have a significant

effect on any Federal tax liability of the lender or the

borrower.

(F) Loans to qualified continuing care facilities

Any loan to any qualified continuing care facility pursuant

to a continuing care contract.

(2) $10,000 de minimis exception for gift loans between

individuals

(A) In general

In the case of any gift loan directly between individuals,

this section shall not apply to any day on which the aggregate

outstanding amount of loans between such individuals does not

exceed $10,000.

(B) De minimis exception not to apply to loans attributable to

acquisition of income-producing assets

Subparagraph (A) shall not apply to any gift loan directly

attributable to the purchase or carrying of income-producing

assets.

(C) Cross reference

For limitation on amount treated as interest where loans do

not exceed $100,000, see subsection (d)(1).

(3) $10,000 de minimis exception for compensation-related and

corporate-shareholder loans

(A) In general

In the case of any loan described in subparagraph (B) or (C)

of paragraph (1), this section shall not apply to any day on

which the aggregate outstanding amount of loans between the

borrower and lender does not exceed $10,000.

(B) Exception not to apply where 1 of principal purposes is tax

avoidance

Subparagraph (A) shall not apply to any loan the interest

arrangements of which have as 1 of their principal purposes the

avoidance of any Federal tax.

(d) Special rules for gift loans

(1) Limitation on interest accrual for purposes of income taxes

where loans do not exceed $100,000

(A) In general

For purposes of subtitle A, in the case of a gift loan

directly between individuals, the amount treated as

retransferred by the borrower to the lender as of the close of

any year shall not exceed the borrower's net investment income

for such year.

(B) Limitation not to apply where 1 of principal purposes is

tax avoidance

Subparagraph (A) shall not apply to any loan the interest

arrangements of which have as 1 of their principal purposes the

avoidance of any Federal tax.

(C) Special rule where more than 1 gift loan outstanding

For purposes of subparagraph (A), in any case in which a

borrower has outstanding more than 1 gift loan, the net

investment income of such borrower shall be allocated among

such loans in proportion to the respective amounts which would

be treated as retransferred by the borrower without regard to

this paragraph.

(D) Limitation not to apply where aggregate amount of loans

exceed $100,000

This paragraph shall not apply to any loan made by a lender

to a borrower for any day on which the aggregate outstanding

amount of loans between the borrower and lender exceeds

$100,000.

(E) Net investment income

For purposes of this paragraph -

(i) In general

The term "net investment income" has the meaning given such

term by section 163(d)(4).

(ii) De minimis rule

If the net investment income of any borrower for any year

does not exceed $1,000, the net investment income of such

borrower for such year shall be treated as zero.

(iii) Additional amounts treated as interest

In determining the net investment income of a person for

any year, any amount which would be included in the gross

income of such person for such year by reason of section 1272

if such section applied to all deferred payment obligations

shall be treated as interest received by such person for such

year.

(iv) Deferred payment obligations

The term "deferred payment obligation" includes any market

discount bond, short-term obligation, United States savings

bond, annuity, or similar obligation.

(2) Special rule for gift tax

In the case of any gift loan which is a term loan, subsection

(b)(1) (and not subsection (a)) shall apply for purposes of

chapter 12.

(e) Definitions of below-market loan and forgone interest

For purposes of this section -

(1) Below-market loan

The term "below-market loan" means any loan if -

(A) in the case of a demand loan, interest is payable on the

loan at a rate less than the applicable Federal rate, or

(B) in the case of a term loan, the amount loaned exceeds the

present value of all payments due under the loan.

(2) Forgone interest

The term "forgone interest" means, with respect to any period

during which the loan is outstanding, the excess of -

(A) the amount of interest which would have been payable on

the loan for the period if interest accrued on the loan at the

applicable Federal rate and were payable annually on the day

referred to in subsection (a)(2), over

(B) any interest payable on the loan properly allocable to

such period.

(f) Other definitions and special rules

For purposes of this section -

(1) Present value

The present value of any payment shall be determined in the

manner provided by regulations prescribed by the Secretary -

(A) as of the date of the loan, and

(B) by using a discount rate equal to the applicable Federal

rate.

(2) Applicable Federal rate

(A) Term loans

In the case of any term loan, the applicable Federal rate

shall be the applicable Federal rate in effect under section

1274(d) (as of the day on which the loan was made), compounded

semiannually.

(B) Demand loans

In the case of a demand loan, the applicable Federal rate

shall be the Federal short-term rate in effect under section

1274(d) for the period for which the amount of forgone interest

is being determined, compounded semiannually.

(3) Gift loan

The term "gift loan" means any below-market loan where the

forgoing of interest is in the nature of a gift.

(4) Amount loaned

The term "amount loaned" means the amount received by the

borrower.

(5) Demand loan

The term "demand loan" means any loan which is payable in full

at any time on the demand of the lender. Such term also includes

(for purposes other than determining the applicable Federal rate

under paragraph (2)) any loan if the benefits of the interest

arrangements of such loan are not transferable and are

conditioned on the future performance of substantial services by

an individual. To the extent provided in regulations, such term

also includes any loan with an indefinite maturity.

(6) Term loan

The term "term loan" means any loan which is not a demand loan.

(7) Husband and wife treated as 1 person

A husband and wife shall be treated as 1 person.

(8) Loans to which section 483, 643(i), or 1274 applies

This section shall not apply to any loan to which section 483,

643(i), or 1274 applies.

(9) No withholding

No amount shall be withheld under chapter 24 with respect to -

(A) any amount treated as transferred or retransferred under

subsection (a), and

(B) any amount treated as received under subsection (b).

(10) Special rule for term loans

If this section applies to any term loan on any day, this

section shall continue to apply to such loan notwithstanding

paragraphs (2) and (3) of subsection (c). In the case of a gift

loan, the preceding sentence shall only apply for purposes of

chapter 12.

(11) Time for determining rate applicable to employee relocation

loans

(A) In general

In the case of any term loan made by an employer to an

employee the proceeds of which are used by the employee to

purchase a principal residence (within the meaning of section

121), the determination of the applicable Federal rate shall be

made as of the date the written contract to purchase such

residence was entered into.

(B) Paragraph only to apply to cases to which section 217

applies

Subparagraph (A) shall only apply to the purchase of a

principal residence in connection with the commencement of work

by an employee or a change in the principal place of work of an

employee to which section 217 applies.

(g) Exception for certain loans to qualified continuing care

facilities

(1) In general

This section shall not apply for any calendar year to any

below-market loan made by a lender to a qualified continuing care

facility pursuant to a continuing care contract if the lender (or

the lender's spouse) attains age 65 before the close of such

year.

(2) $90,000 limit

Paragraph (1) shall apply only to the extent that the aggregate

outstanding amount of any loan to which such paragraph applies

(determined without regard to this paragraph), when added to the

aggregate outstanding amount of all other previous loans between

the lender (or the lender's spouse) and any qualified continuing

care facility to which paragraph (1) applies, does not exceed

$90,000.

(3) Continuing care contract

For purposes of this section, the term "continuing care

contract" means a written contract between an individual and a

qualified continuing care facility under which -

(A) the individual or individual's spouse may use a qualified

continuing care facility for their life or lives,

(B) the individual or individual's spouse -

(i) will first -

(I) reside in a separate, independent living unit with

additional facilities outside such unit for the providing

of meals and other personal care, and

(II) not require long-term nursing care, and

(ii) then will be provided long-term and skilled nursing

care as the health of such individual or individual's spouse

requires, and

(C) no additional substantial payment is required if such

individual or individual's spouse requires increased personal

care services or long-term and skilled nursing care.

(4) Qualified continuing care facility

(A) In general

For purposes of this section, the term "qualified continuing

care facility" means 1 or more facilities -

(i) which are designed to provide services under continuing

care contracts, and

(ii) substantially all of the residents of which are

covered by continuing care contracts.

(B) Substantially all facilities must be owned or operated by

borrower

A facility shall not be treated as a qualified continuing

care facility unless substantially all facilities which are

used to provide services which are required to be provided

under a continuing care contract are owned or operated by the

borrower.

(C) Nursing homes excluded

The term "qualified continuing care facility" shall not

include any facility which is of a type which is traditionally

considered a nursing home.

(5) Adjustment of limit for inflation

(A) In general

In the case of any loan made during any calendar year after

1986 to which paragraph (1) applies, the dollar amount in

paragraph (2) shall be increased by the inflation adjustment

for such calendar year. Any increase under the preceding

sentence shall be rounded to the nearest multiple of $100 (or,

if such increase is a multiple of $50, such increase shall be

increased to the nearest multiple of $100).

(B) Inflation adjustment

For purposes of subparagraph (A), the inflation adjustment

for any calendar year is the percentage (if any) by which -

(i) the CPI for the preceding calendar year exceeds

(ii) the CPI for calendar year 1985.

For purposes of the preceding sentence, the CPI for any

calendar year is the average of the Consumer Price Index as of

the close of the 12-month period ending on September 30 of such

calendar year.

(h) Regulations

(1) In general

The Secretary shall prescribe such regulations as may be

necessary or appropriate to carry out the purposes of this

section, including -

(A) regulations providing that where, by reason of varying

rates of interest, conditional interest payments, waivers of

interest, disposition of the lender's or borrower's interest in

the loan, or other circumstances, the provisions of this

section do not carry out the purposes of this section,

adjustments to the provisions of this section will be made to

the extent necessary to carry out the purposes of this section,

(B) regulations for the purpose of assuring that the

positions of the borrower and lender are consistent as to the

application (or nonapplication) of this section, and

(C) regulations exempting from the application of this

section any class of transactions the interest arrangements of

which have no significant effect on any Federal tax liability

of the lender or the borrower.

(2) Estate tax coordination

Under regulations prescribed by the Secretary, any loan which

is made with donative intent and which is a term loan shall be

taken into account for purposes of chapter 11 in a manner

consistent with the provisions of subsection (b).

-SOURCE-

(Added Pub. L. 98-369, div. A, title I, Sec. 172(a), July 18, 1984,

98 Stat. 699; amended Pub. L. 99-121, title II, Secs. 201, 202,

Oct. 11, 1985, 99 Stat. 511-513; Pub. L. 99-514, title V, Sec.

511(d)(1), title XVIII, Secs. 1812(b)(2)-(4), 1854(c)(2)(B), Oct.

22, 1986, 100 Stat. 2248, 2834, 2879; Pub. L. 100-647, title I,

Secs. 1005(c)(15), 1018(u)(48), Nov. 10, 1988, 102 Stat. 3393,

3593; Pub. L. 104-188, title I, Secs. 1602(b)(7), 1704(t)(58),

1906(c)(2), Aug. 20, 1996, 110 Stat. 1834, 1890, 1916; Pub. L.

105-34, title III, Sec. 312(d)(1), Aug. 5, 1997, 111 Stat. 839;

Pub. L. 105-206, title VI, Sec. 6023(30), July 22, 1998, 112 Stat.

826; Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec. 319(30)], Dec.

21, 2000, 114 Stat. 2763, 2763A-648.)

-MISC1-

AMENDMENTS

2000 - Subsec. (f)(3). Pub. L. 106-554 substituted "forgoing" for

"foregoing".

1998 - Subsec. (f)(2)(B). Pub. L. 105-206 substituted "forgone"

for "foregone".

1997 - Subsec. (f)(11)(A). Pub. L. 105-34 substituted "section

121" for "section 1034".

1996 - Subsec. (a)(1), (2). Pub. L. 104-188, Sec. 1704(t)(58)(A),

substituted "forgone" for "foregone".

Subsec. (e). Pub. L. 104-188, Sec. 1704(t)(58)(B), substituted

"forgone" for "foregone" in heading.

Subsec. (e)(2). Pub. L. 104-188, Sec. 1704(t)(58), substituted

"Forgone" for "Foregone" in heading and "forgone" for "foregone" in

introductory provisions of text.

Subsec. (f)(8). Pub. L. 104-188, Sec. 1906(c)(2), inserted ",

643(i)," before "or 1274" in heading and text.

Subsec. (f)(12). Pub. L. 104-188, Sec. 1602(b)(7), struck out

par. (12) which read as follows: "Special rule for certain employer

security loans. - This section shall not apply to any loan between

a corporation (or any member of the controlled group of

corporations which includes such corporation) and an employee stock

ownership plan described in section 4975(e)(7) to the extent that

the interest rate on such loan is equal to the interest rate paid

on a related securities acquisition loan (as described in section

133(b)) to such corporation."

1988 - Subsec. (d)(1)(E)(i). Pub. L. 100-647, Sec. 1005(c)(15),

directed substitution of "section 163(d)(4)" for "section

163(d)(3)", which substitution had been previously made by Pub. L.

99-514, Sec. 511(d)(1).

Subsec. (f)(11), (12). Pub. L. 100-647, Sec. 1018(u)(48),

redesignated former par. (11), Pub. L. 99-514, relating to special

rule for certain employer security loans, as (12).

1986 - Subsec. (d)(1)(E)(i). Pub. L. 99-514, Sec. 511(d)(1),

substituted "section 163(d)(4)" for "section 163(d)(3)".

Subsec. (f)(2)(B). Pub. L. 99-514, Sec. 1812(b)(4), inserted ",

compounded semiannually" before the period at end.

Subsec. (f)(5). Pub. L. 99-514, Sec. 1812(b)(3), amended par. (5)

generally. Prior to amendment, par. (5) read as follows: "The term

'demand loan' means any loan which is payable in full at any time

on the demand of the lender. Such term also includes (for purposes

other than determining the applicable Federal rate under paragraph

(2)) any loan which is not transferable and the benefits of the

interest arrangements of which is conditioned on the future

performance of substantial services by an individual."

Subsec. (f)(9). Pub. L. 99-514, Sec. 1812(b)(2), amended par. (9)

generally, inserting the subpar. (A) designation and adding subpar.

(B).

Subsec. (f)(11). Pub. L. 99-514, Sec. 1854(c)(2)(B), added par.

(11) relating to special rule for certain employer security loans.

1985 - Subsec. (c)(1). Pub. L. 99-121, Sec. 201(c)(1), inserted

"and subsection (g)" after "this subsection" in provisions

preceding subpar. (A).

Subsec. (c)(1)(E). Pub. L. 99-121, Sec. 201(c)(2), substituted

"(C), or (F)" for "or (C)".

Subsec. (c)(1)(F). Pub. L. 99-121, Sec. 201(b), added subpar.

(f).

Subsec. (f)(11). Pub. L. 99-121, Sec. 202, added par. (11)

relating to time for determining rate applicable to employee

relocation loans.

Subsecs. (g), (h). Pub. L. 99-121, Sec. 201(a), added subsec. (g)

and redesignated former subsec. (g) as (h).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-34 applicable to sales and exchanges

after May 6, 1997, with certain exceptions, see section 312(d) of

Pub. L. 105-34, set out as a note under section 121 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 1602(b)(7) of Pub. L. 104-188 applicable to

loans made after Aug. 20, 1996, with exception and provisions

relating to certain refinancings, see section 1602(c) of Pub. L.

104-188, set out as an Effective Date of Repeal note under former

section 133 of this title.

Amendment by section 1906(c)(2) of Pub. L. 104-188 applicable to

loans of cash or marketable securities made after Sept. 19, 1995,

see section 1906(d)(3) of Pub. L. 104-188, set out as a note under

section 643 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 effective, except as otherwise

provided, as if included in the provision of the Tax Reform Act of

1986, Pub. L. 99-514, to which such amendment relates, see section

1019(a) of Pub. L. 100-647, set out as a note under section 1 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 511(d)(1) of Pub. L. 99-514 applicable to

taxable years beginning after Dec. 31, 1986, see section 511(e) of

Pub. L. 99-514, set out as a note under section 163 of this title.

Amendment by sections 1812(b)(2)-(4) and 1854(c)(2)(B) of Pub. L.

99-514 effective, except as otherwise provided, as if included in

the provisions of the Tax Reform Act of 1984, Pub. L. 98-369, div.

A, to which such amendment relates, see section 1881 of Pub. L.

99-514, set out as a note under section 48 of this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 204(a), (b) of Pub. L. 99-121, as amended by Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

"(a) Section 201. -

"(1) In general. - The amendments made by section 201 [amending

this section] shall apply with respect to loans made after the

date of enactment of this Act [Oct. 11, 1985].

"(2) Section 7872 not to apply to certain loans. - Section 7872

of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] shall

not apply to loans made on or before the date of the enactment of

this Act [Oct. 11, 1985] to any qualified continuing care

facility pursuant to a continuing care contract. For purposes of

this paragraph, the terms 'qualified continuing care facility'

and 'continuing care contract' have the meanings given such terms

by section 7872(g) of such Code (as added by section 201).

"(b) Section 202. - The amendment made by section 202 [amending

this section] shall apply to contracts entered into after June 30,

1985, in taxable years ending after such date."

EFFECTIVE DATE

Section 172(c) of Pub. L. 98-369, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

"(1) In general. - Except as provided in paragraph (2), the

amendments made by this section [enacting this section] shall apply

to -

"(A) term loans made after June 6, 1984, and

"(B) demand loans outstanding after June 6, 1984.

"(2) Exception for demand loans outstanding on june 6, 1984, and

repaid within 60 days after date of enactment. - The amendments

made by this section shall not apply to any demand loan which -

"(A) was outstanding on June 6, 1984, and

"(B) was repaid before the date 60 days after the date of the

enactment of this Act [July 18, 1984].

"(3) Exception for certain existing loans to continuing care

facilities. - Nothing in this subsection shall be construed to

apply the amendments made by this section to any loan made before

June 6, 1984, to a continuing care facility by a resident of such

facility which is contingent on continued residence at such

facility.

"(4) Applicable federal rate for periods before january 1, 1985.

- For periods before January 1, 1985, the applicable Federal rate

under paragraph (2) of section 7872(f) of the Internal Revenue Code

of 1986 [formerly I.R.C. 1954], as added by this section, shall be

10 percent, compounded semiannually.

"(5) Treatment of renegotiations, etc. - For purposes of this

subsection, any loan renegotiated, extended, or revised after June

6, 1984, shall be treated as a loan made after such date.

"(6) Definition of term and demand loans. - For purposes of this

subsection, the terms 'demand loan' and 'term loan' have the

respective meanings given such terms by paragraphs (5) and (6) of

section 7872(f) of the Internal Revenue Code of 1986, as added by

this section, but the second sentence of such paragraph (5) shall

not apply."

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or

title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1989, see section 1140 of Pub. L. 99-514, as amended, set out as a

note under section 401 of this title.

CERTAIN ISRAEL OR POLISH BONDS NOT SUBJECT TO RULES RELATING TO

BELOW-MARKET LOANS

Section 1812(b)(5) of Pub. L. 99-514, as amended by Pub. L.

101-179, title III, Sec. 307(a), Nov. 28, 1989, 103 Stat. 1314,

provided that: "Section 7872 of the Internal Revenue Code of 1954

[now 1986] (relating to treatment of loans with below-market

interest rates) shall not apply to any obligation issued by Israel

or Poland if -

"(A) the obligation is payable in United States dollars, and

"(B) the obligation bears interest at an annual rate of not

less than 4 percent."

[Section 307(b) of Pub. L. 101-179 provided that: "The amendments

made by this section [amending section 1812(b)(5) of Pub. L.

99-514, set out above] shall apply to obligations issued after the

date of the enactment of this Act [Nov. 28, 1989]."]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 142, 856, 4941 of this

title.

-End-

-CITE-

26 USC Sec. 7873 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 80 - GENERAL RULES

Subchapter C - Provisions Affecting More Than One Subtitle

-HEAD-

Sec. 7873. Income derived by Indians from exercise of fishing

rights

-STATUTE-

(a) In general

(1) Income and self-employment taxes

No tax shall be imposed by subtitle A on income derived -

(A) by a member of an Indian tribe directly or through a

qualified Indian entity, or

(B) by a qualified Indian entity,

from a fishing rights-related activity of such tribe.

(2) Employment taxes

No tax shall be imposed by subtitle C on remuneration paid for

services performed in a fishing rights-related activity of an

Indian tribe by a member of such tribe for another member of such

tribe or for a qualified Indian entity.

(b) Definitions

For purposes of this section -

(1) Fishing rights-related activity

The term "fishing rights-related activity" means, with respect

to an Indian tribe, any activity directly related to harvesting,

processing, or transporting fish harvested in the exercise of a

recognized fishing right of such tribe or to selling such fish

but only if substantially all of such harvesting was performed by

members of such tribe.

(2) Recognized fishing rights

The term "recognized fishing rights" means, with respect to an

Indian tribe, fishing rights secured as of March 17, 1988, by a

treaty between such tribe and the United States or by an

Executive order or an Act of Congress.

(3) Qualified Indian entity

(A) In general

The term "qualified Indian entity" means, with respect to an

Indian tribe, any entity if -

(i) such entity is engaged in a fishing rights-related

activity of such tribe,

(ii) all of the equity interests in the entity are owned by

qualified Indian tribes, members of such tribes, or their

spouses,

(iii) except as provided in regulations, in the case of an

entity which engages to any extent in any substantial

processing or transporting of fish, 90 percent or more of the

annual gross receipts of the entity is derived from fishing

rights-related activities of one or more qualified Indian

tribes each of which owns at least 10 percent of the equity

interests in the entity, and

(iv) substantially all of the management functions of the

entity are performed by members of qualified Indian tribes.

For purposes of clause (iii), equity interests owned by a

member (or the spouse of a member) of a qualified Indian tribe

shall be treated as owned by the tribe.

(B) Qualified indian tribe

For purposes of subparagraph (A), an Indian tribe is a

qualified Indian tribe with respect to an entity if such entity

is engaged in a fishing rights-related activity of such tribe.

(c) Special rules

(1) Distributions from qualified Indian entity

For purposes of this section, any distribution with respect to

an equity interest in a qualified Indian entity of an Indian

tribe to a member of such tribe shall be treated as derived by

such member from a fishing rights-related activity of such tribe

to the extent such distribution is attributable to income derived

by such entity from a fishing rights-related activity of such

tribe.

(2) De minimis unrelated amounts may be excluded

If, but for this paragraph, all but a de minimis amount -

(A) derived by a qualified Indian tribal entity, or by an

individual through such an entity, is entitled to the benefits

of paragraph (1) of subsection (a), or

(B) paid to an individual for services is entitled to the

benefits of paragraph (2) of subsection (a),

then the entire amount shall be entitled to the benefits of such

paragraph.

-SOURCE-

(Added Pub. L. 100-647, title III, Sec. 3041(a), Nov. 10, 1988, 102

Stat. 3640.)

-MISC1-

EFFECTIVE DATE

Section 3044 of subtitle E (Secs. 3041-3044) of title III of Pub.

L. 100-647 provided that:

"(a) Effective Date. - The amendments made by this subtitle

[enacting this section and amending sections 1402 and 3121 of this

title, section 71 of Title 25, Indians, and sections 409 and 411 of

Title 42, The Public Health and Welfare] shall apply to all periods

beginning before, on, or after the date of the enactment of this

Act [Nov. 10, 1988].

"(b) No Inference Created. - Nothing in the amendments made by

this subtitle shall create any inference as to the existence or

non-existence or scope of any exemption from tax for income derived

from fishing rights secured as of March 17, 1988, by any treaty,

law, or Executive Order."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1402, 3121 of this title;

title 25 section 71; title 42 sections 409, 411.

-End-

-CITE-

26 USC Subtitle G - The Joint Committee on Taxation 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle G - The Joint Committee on Taxation

-HEAD-

Subtitle G - The Joint Committee on Taxation

-MISC1-

Chapter Sec.(!1)

91. Organization and membership of the Joint Committee 8001

92. Powers and duties of the Joint Committee 8021

AMENDMENTS

1976 - Pub. L. 94-455, title XIX, Sec. 1907(b)(1), Oct. 4, 1976,

90 Stat. 1836, struck out "Internal Revenue" in heading of subtitle

G.

-FOOTNOTE-

(!1) Section numbers editorially supplied.

-End-