26 U.S.C. § 7807

Rules in effect upon enactment of this title

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(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.

(Aug. 16, 1954, ch. 736, 68A Stat. 917.)Editorial NotesReferences 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, § 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.

Notes of Decisions

Cited in 5 cases, 1957–1975 · leading case: L. M. Smith, Also Known as Laurence M. Smith, & Earl C. Corey v. United States, 305 F.2d 197 (9th Cir. 1962).

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L. M. Smith, Also Known as Laurence M. Smith, & Earl C. Corey v. United States, 305 F.2d 197 (9th Cir. 1962). · cites it 2× “5 The “carry-over” • section of the 1954 Code, 26 U.S.C. § 7807 (a) 6 provides that any section of the 1954 Code “which depends for its application upon the promulgation of regulations,” is implemented by regulations prescribed under the 1939 Code which would be appropriate as…”

Cities Serv. Co., Plaintiff-Appellee-Appellant v. United States of Am., Defendant-Appellant-Appellee, 522 F.2d 1281 (2d Cir. 1975). “This was the pertinent regulation in effect for 1953; it also applied to 1954 by virtue of Internal Revenue Code of 1954, § 7807(a), 26 U.S.C. § 7807 (a) *1292 (1970), and Treasury Regulation § l.”

Phillips v. United States, 233 F. Supp. 59 (E.D. Tex. 1964). “Since the regulations required by said Section 263(c) have not yet finalized, the applicable regulations, under the provisions of Section 7807(a), Internal Revenue Code of 1954 ( 26 U.S.C.A. § 7807 (a)), are Treasury Regulations 118, Section 39.”

United States v. Paul Singer, 241 F.2d 717 (2d Cir. 1957). “The use of the return in such litigation, pursuant to regulation, is contemplated by the statute I.”

Stouffer v. United States, 225 F. Supp. 965 (S.D. Ohio 1962). · cites it 2× “” Therefore, by virtue of Section 7807 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 7807 , the Regulation promulgated under Section 44 of the Internal Revenue Code of 1939, 26 U.”

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