Tax Law Research Individual Income Tax September 15, 2010 Prof. Gerrish [email protected] Tax Research • Start with secondary sources if unfamiliar with your topic, and to.
Download ReportTranscript Tax Law Research Individual Income Tax September 15, 2010 Prof. Gerrish [email protected] Tax Research • Start with secondary sources if unfamiliar with your topic, and to.
Tax Law Research Individual Income Tax September 15, 2010 Prof. Gerrish [email protected] Tax Research • Start with secondary sources if unfamiliar with your topic, and to help you find the primary law. • Understand the administrative documents from the IRS and Treasury Dept. – binding or just predictive? • Take advantage of looseleaf services for detailed and up-to-date research (RIA, CCH) • Use citators, like Shepard’s or Prentice-Hall Federal Tax Citator Service (KF 6285 .P712), to update your research. Looseleaf Services comprehensive and up-to-date 1. Standard Federal Tax Reporter (CCH) available on CCH Tax database and in the library stacks 2. Federal Tax Coordinator 2d (RIA) available on Westlaw and RIA Checkpoint and in the library stacks 3. United States Tax Reporter (RIA) – available on Westlaw and RIA Checkpoint and in the library stacks Other Secondary Sources • Treatises – like Mertens, Law of Federal Income Taxation (KF 6365 .M4). • Current Awareness – like Tax Notes (KF6273.T29 and on Lexis) and BNA’s Daily Tax Report (on Westlaw and Lexis). • Periodicals – like The Journal of Taxation (K10.J6 T2) and others in print, on Legal Trac, Westlaw, and Lexis. • Encyclopedias – Federal Taxation volumes in Am. Jr. 2d. Primary Law • Income Tax Statutes – Title 26 of the U.S. Code is the IRC, revised 1939, 1954, 1986. Be aware of the enactment date, eff. date and sunset date! • Treasury Regulations – found in the CFR, Federal Register, tax databases and looseleafs • Court Opinions/Case Law – be aware that courts defer to Treasury regs and IRS pronouncements • Specialized publications: IRS Revenue Rulings, Letter rulings, unpublished decisions Cases Taxpayer has not paid tax Has paid tax, but denied refund “Trial court” level of tax courts If taxpayer has not paid the tax: • U.S. Tax Court – – No jury trial, but judges have tax expertise – opinions are published in U.S. Tax Reports and “unpublished” opinions are in the Tax Court Memo Decisions “Trial court” level of tax courts If Taxpayer has paid the tax but is denied a refund: • Federal District Court – jury trial is available – opinions are published in Federal Supplement reporter • Court of Federal Claims – opinions are published in U.S. Court of Claims Reports and in West’s Federal Claims Reporter (1992-) Examples of decisions • Tax Court decision: Mazzei v. Commissioner, 61 T.C. 497 (taxpayer ripped off in a counterfeit money machine scam) • Revenue Ruling 79-174, 1979-1 C.B. 99 (death of trees because of quick attack of southern pine beetles) • Tax Court Memo decision: Carpenter v. Commissioner, T.C. Memo 1966228 (husband runs diamond ring through garbage disposal) Treasury Regulations Note numbering system: Example: Treas. Reg. § 1.167(a)-1 is the first regulation on the income tax code section 167(a) Issuing Treasury Regulations • Proposed regulations offer guidance (Prop. Treas. Reg. § 1.125-1) • Temporary regulations are immediately binding once published in the Federal Register; no public comment, receives more deference than proposed regs (Temp. Treas. Reg. §1.125-1T) • Final regulations may differ from proposed regulations due to public or judicial input (Treas. Reg. § 1.125-1) adopted by a Treasury Decision, the T.D. number is used for access Interpretive and Legislative Regs • Issued pursuant to IRC 7805(a), giving Treasury general authority to issue rules and regulations • Referred to as general authority, interpretive, or interpretive regs. • Can be challenged. • Issued for Code sections in which Congress included a specific grant of authority to IRS • May be referred to as specific authority or legislative regulations • Authoritative, courts give more deference to legislative regs Treasury Regulations • Found in Title 26 of the CFR • Federal Register – both proposed and temporary regulations • Internal Revenue Bulletin – proposed and temporary regulations • West’s annual Federal Tax Regulations (not in our collection) • CCH’s Income Tax Regulations (not in our collection) • Looseleaf services from CCH and Research Institute of American (RIA). More on proposed regulations • Looseleaf services inform of proposed and temporary changes along with the current regulations: • All proposed regulations are published in the U.S. Tax Cases volume of Standard Federal Tax Reporter, Vol. 18 of U.S. Tax Reporter, and Vol. 27 and 27A of Federal Tax Coordinator 2d. Duke Univ. School of Law Library, Federal Tax Research Guide (rev. Mar. 2000) LexisNexis Tax Research Lexis Research System Secondary Legal (Secondary Sources) previous motto: “Respectfully disagreeable since 1970” for tax issues, news, developments new free website/blog discussing current tax issues Tax Analysts publications in Lexis current awareness, global tax issues, and more Back to main page Area of Law – By Topic: Taxation Taxation databases 480 chapter treatise on federal tax Taxation databases Emerging Issues – Federal Individual Income Tax Individual Income Tax emerging issues and topics Back to Taxation page Taxation page No income tax sources Using the Research Tasks tab Research Tasks tab Scroll to bottom Tax Center LexisNexis Tax Center 2 new rows of tabs (not in Total Research System anymore) Analytical Sources - General At the top - Tax Topics tab Tax Topics tab – to search by Topic or Headnote Expand Federal Income Tax Computation Click: Deductions for Losses (to search that topic) Two options for searching our Topic Jurisdiction – select Federal Select Sources to search across Agency Materials Search terms: “pine trees” and disease or insects 8 results results in Cite View Maher case 1982 – 22 coconut palm trees References to IRC § 165 Headnotes cite § 165 Holding and Appendix of cases Back to Federal tab Federal tab alternative: Search Federal Tax Sources What is Tax Advisor Federal Code Reporter? For code-based research: find a code section, link out to relevant materials, then back to section What is Tax Advisor – Federal Topical? Topical tax research – expert analysis, Shepard’s, searchable index and TOC 2 results – Analytical Materials No results from Tax Advisor Federal Code Losses on Income Tax and Pine Trees and Disease Natural Language search results: 99 cases, 1 Explanation Lexis Explanation - unhelpful Lexis Explanations are designed to pull up with a specific IRC section cite, not with search terms Black v. Commissioner (1977) Headnotes refer to Sec. 165 Go to IRC section 165 26 USCS § 165 - Losses Legislative Impact Results Sec. 165 - Interpretive Notes and Decisions Lots of cases discussing casualty loss and TC Memos and Revenue Rulings Tax Advisor – Federal Code Reporter Retrieve by Cite: § 165 Tax Advisor- Federal Code Reporter – Sec. 165 Analysis of Section 165 – various sources Final and Temporary Regulations CCH IntelliConnect a Law Library database The online equivalent of the Standard Federal Tax Reporter CCH Intelliconnect CCH (Wolters Kluwer) IntelliConnect Expand the topic or check the box to search that topic Now expand Federal Tax Editorial Content Standard Federal Income Tax Reporter – same as our print set Collapse Editorial Content and Expand Fed. Tax Primary Sources Pull up a tax case by citation In CCH Intelliconnect Click Citation link Then expand Federal Tax Expand Primary Sources to get to Cases Expand Cases Select Tax Court Regulars – template for citation appears on right side 61 T.C. 497 (Mazzei case) Top/bottom split screen Results The Case Taxpayer lost $20,000 in a counterfeiting scheme! links to code sections Section 165 c(3) Links to annotations, explanations, regulations, related topics 132 Annotations for § 165 ©(3) From the 2010 CCH Standard Federal Tax Reporter CCH Explanations Explanations Explains casualty loss under 165 © (3) Related Info 205 related items Scroll to top Section 165 - LOSSES Code, Regulations, Annotations, CCH Explanations, Committee Reports, Related Information CCH Citator Who is citing Mazzei case- 61 T.C. 497 ? Cases and Rev. Rulings cite to Mazzei about Revenue Rulings • Revenue Rulings are IRS conclusions on the application of law to specific facts. • Official pronouncements are published weekly in the IRB and semiannually in the Cumulative Bulletin. • Published rulings apply retroactively unless otherwise indicated. • Rulings and procedures in the IRB do not have the force and effect of Treasury regs, but may be used as precedents. Example: 1979-CB 99 1979-CB 99 – 40 ornamental pine trees Notice: no hyperlinks Other Helpful Research Sources • Federal Tax Research (8th ed. 2010) by Gail L. Richmond, softbound book (library stacks 3rd floor KF 241 .T38R5) • Duke University School of Law Library Federal Tax Research Guide http://www.law.duke.edu/lib/ResearchGuides/fedtax.html • Georgetown Law Library Federal Tax Research Guide http://www.ll.georgetwown.edu/lib/guides/federal_tax.cfm • Georgetown’s Federal Tax Research Reference Chart http://www.ll.georgetown.edu/guides/fedtax_chart.cfm Gov’t web sites for research (free!) IRS - www.irs.gov GPO Access - www.gpoaccess.gov Tax Court - www.ustaxcourt.gov Regulations.gov – www.regulations.gov Other Helpful Research Sources • Federal Tax Research (8th ed. 2010) by Gail L. Richmond, softbound book (library stacks 3rd floor KF 241 .T38R5) • Duke University School of Law Library Federal Tax Research Guide http://www.law.duke.edu/lib/ResearchGuides/fedtax.html • Georgetown Law Library Federal Tax Research Guide http://www.ll.georgetwown.edu/lib/guides/federal_tax.cfm • Georgetown’s Federal Tax Research Reference Chart http://www.ll.georgetown.edu/guides/fedtax_chart.cfm Gov’t web sites for research (free!) IRS - www.irs.gov GPO Access - www.gpoaccess.gov Tax Court - www.ustaxcourt.gov Regulations.gov – www.regulations.gov Another difference between death and taxes is that death is frequently painless. — Anonymous The End