26 C.F.R. § 601.101

Introduction

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) General. The Internal Revenue Service is a bureau of the Department of the Treasury under the immediate direction of the Commissioner of Internal Revenue. The Commissioner has general superintendence of the assessment and collection of all taxes imposed by any law providing internal revenue. The Internal Revenue Service is the agency by which these functions are performed. Within an internal revenue district the internal revenue laws are administered by a district director of internal revenue. The Director, Foreign Operations District, administers the internal revenue laws applicable to taxpayers residing or doing business abroad, foreign taxpayers deriving income from sources within the United States, and taxpayers who are required to withhold tax on certain payments to nonresident aliens and foreign corporations, provided the books and records of those taxpayers are located outside the United States. For purposes of these procedural rules any reference to a district director or a district office includes the Director, Foreign Operations District, or the District Office, Foreign Operations District, if appropriate. Generally, the procedural rules of the Service are based on the Internal Revenue Code of 1939 and the Internal Revenue Code of 1954, and the procedural rules in this part apply to the taxes imposed by both Codes except to the extent specifically stated or where the procedure under one Code is incompatible with the procedure under the other Code. Reference to sections of the Code are references to the Internal Revenue Code of 1954, unless otherwise expressly indicated.

(b) Scope. This part sets forth the procedural rules of the Internal Revenue Service respecting all taxes administered by the Service, and supersedes the previously published statement (26 CFR (1949 ed., Part 300-End) Parts 600 and 601) with respect to such procedural rules. Subpart A provides a descriptive statement of the general course and method by which the Service's functions are channeled and determined, insofar as such functions relate generally to the assessment, collection, and enforcement of internal revenue taxes. Certain provisions special to particular taxes are separately described in Subpart D of this part. Conference and practice requirements of the Internal Revenue Service are contained in Subpart E of this part. Specific matters not generally involved in the assessment, collection, and enforcement functions are separately described in Subpart B of this part. A description of the rule making functions of the Department of the Treasury with respect to internal revenue tax matters is contained in Subpart F of this part. Subpart G of this part relates to matters of official record in the Internal Revenue Service and the extent to which records and documents are subject to publication or open to public inspection. This part does not contain a detailed discussion of the substantive provisions pertaining to any particular tax or the procedures relating thereto, and for such information it is necessary that reference be made to the applicable provisions of law and the regulations promulgated thereunder. The regulations relating to the taxes administered by the Service are contained in title 26 of the Code of Federal Regulations.

[38 FR 4955, Feb. 23, 1973 and 41 FR 20880, May 21, 1976, as amended at 45 FR 7251, Feb. 1, 1980; 49 FR 36498, Sept. 18, 1984; T.D. 8685, 61 FR 58008, Nov. 12, 1996]
Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1966–2026 · leading case: Loving v. Internal Revenue Serv., 917 F. Supp. 2d 67 (D.D.C. 2013).
Loving v. Internal Revenue Serv., 917 F. Supp. 2d 67 (D.D.C. 2013). · cites it 2× “” 26 C.F.R. § 601.101 (a); see also 26 U.S.”
Edwards v. Comm'r, 2002 T.C. Memo. 169 (Tax Ct. 2002). · cites it 3× “The end result is that the IRS is a creature of "positive law" because it was created through congressionally mandated power.”
United States v. Herbert L. Horne, 714 F.2d 206 (1st Cir. 1983). “Like the IRS’s Statement of Procedural Rules, 26 C.F.R. § 601.101 et seq. (1982), also cited in the defendant’s appeal brief, “[t]heir purpose is to govern the internal affairs of the Internal Revenue Service.”
United States v. Donald W. Dawes & Phyllis C. Dawes, 951 F.2d 1189 (10th Cir. 1991). “The Internal Revenue Service, as an arm of the Treasury Department and in response to final regulations published by OMB in 1983, has published control numbers for many agency regulations, see 26 C.F.R. Part 601.101, implying that the agency itself considers the regulations to…”
Snyder v. Internal Revenue Serv., 596 F. Supp. 240 (N.D. Ind. 1984). “Pursuant to that legislative grant of authority, the Secretary created the IRS, 26 C.F.R. § 601.101 , so that the IRS is an agency of the Department of the Treasury, created pursuant to Congressional statute.”
United States v. Donald L. Bowers Janet E. Bowers, 920 F.2d 220 (4th Cir. 1990). “A general description of the organization of the IRS is located in 26 C.F.R. § 601.101 . Section 601.602(c) reads: Where to get forms and instructions.”
Cameron v. Internal Revenue Serv., 593 F. Supp. 1540 (N.D. Ind. 1984). “Pursuant to that legislative grant of authority, the Secretary of the Treasury created the IRS, 26 C.F.R. § 601.101 , so that the IRS is an agency of the Department of the Treasury.”
Young v. Internal Revenue Serv., 596 F. Supp. 141 (N.D. Ind. 1984). “26 C.F.R. § 601.101 . The end result is that the IRS is a creature of “positive law” because it was created through congressionally mandated power.”
In Re Jones, 381 B.R. 555 (Bankr. M.D. Fla. 2007). “” 26 C.F.R. § 601.101 . The Department of the Treasury is also an executive department of the United States government.”
Nilsen v. Massachusetts Dep't of Revenue (In re Nilsen), 542 B.R. 640 (Bankr. D. Mass. 2015). “Although named as a defendant in this Adversary Proceeding, the Internal Revenue Service is a bureau of the United States Department of the Treasury, see 26 C.F.R. § 601.101 , and does not have the capacity to sue or be sued in its own name.”
Nino v. Comm'r, 2006 T.C. Memo. 59 (Tax Ct. 2006). · cites it 6× “( Title 26 of USCA Chapter 64 , Subchapter D) (c) The Examiner's Tax Payer Delinquency Investigation substantiates it has moved an inappropriate collection activity, that stands in contradistinction to the Paper Work Reduction Act. ( Title 26 CFR part 601.”
Rosenberg v. Comm'r, 29 T.C.M. 888 (Tax Ct. 1970). · cites it 4× “The issues for determination are: (1) Whether respondent's disallowance of petitioner's claimed loss deduction was arbitrary and capricious in that respondent did not, prior to the issuance of the statutory notice of deficiency under section 6212(a), 1 provide informal…”
— 26 C.F.R. § 601.101(b) — 1 case
Nino v. Comm'r, 2006 T.C. Memo. 59 (Tax Ct. 2006). “( Title 26 of USCA Chapter 64 , Subchapter D) (c) The Examiner's Tax Payer Delinquency Investigation substantiates it has moved an inappropriate collection activity, that stands in contradistinction to the Paper Work Reduction Act. ( Title 26 CFR part 601.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.