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Tax Law
The author of this report is asked to answer a set of four questions relating to tax law and its sources/adjudication. The first question asks what the primary sources of tax law are. The second question asks what the secondary sources of tax law are. The third questions asks what "substantial authority" is as it relates to tax law. The final question asks what the role of the courts and the Internal Revenue Service as it relates to interpreting and applying the sources of tax law.
Questions Answered
Primary sources of tax law include five major things. The first thing that is a primary source of tax law is the actual Internal Revenue Code. The IRC is located in section 26 of the United States Code. The second source is the decisions of the United States Tax Court, district courts, the Court of Federal Claims, the federal circuit courts in the United States and the United States Supreme Court. The third primary source of tax law are the regulations created and issued by the United States Treasury. Said regulations are located in Title 26 of the Code of Federal Regulations (Tarlton, 2013).
The fourth source of primary tax law is the guidance issue by the Internal Revenue Service via its Internal Revenue Service bulletins, Internal Revenue Service rulings, Internal Revenue Service procedures, notices, announcements and so forth. The fifth classification of primary sources...
Basically, secondary tax materials that are created to locate, parse out, analyze and interpret/summarize primary tax sources of tax law are secondary tax sources. In short, secondary sources are built off of the primary sources and that is why they can be used if primary sources are lacking or at least not enough to clear the matter some other way (Georgetown, 2013).
Substantial authority are materials that have direct bearing and control over future actions and rulings relating to tax law. Per the University of Texas Tarlton School of Law website, examples of substantial authority include the Internal Revenue Code, proposed/temporary/final regulations, tax treaties and applicable regulations, court cases, congressional intent as reflected in committee reports, general explanations of tax leglislation by the Joint Committee on Taxation as rendered in the so-called "Blue Book," private letter rulings issued after October 31st, 1976, actions on decisions, IRS general counsel memoranda, IRS press releases, and notices/announcements as well as other administrative pronouncements by the IRS in the Internal Revenue Service bulletin (Tarlton, 2013).
The…
References
Georgetown. (2013, September 2). Tax Research - Federal Georgetown Law.
Georgetown Law. Retrieved September 2, 2013, from http://www.law.georgetown.edu/library/research/guides/federal_tax.cfm
Tarlton. (2013, March 1). Primary Sources - Federal Tax Research Guide
Tarlton Guides at Tarlton Law Library. Home -- Tarlton Guides at Tarlton Law
Library. Retrieved September 2, 2013, from http://tarltonguides.law.utexas.edu/content.php?pid=198851&sid=1663425
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