REG-131739-03 |
September 6, 2005 |
Notice of Proposed Rulemaking by Cross-Reference to
Temporary Regulations Substitute for Return
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking by cross-reference to temporary regulations.
In this issue of the Bulletin, the IRS is issuing temporary regulations
(T.D. 9215) relating to the IRS preparing or executing returns for persons
who fail to make required returns. The text of those regulations also serves
as the text of these proposed regulations.
Written or electronically generated comments and requests for a public
hearing must be received by October 17, 2005.
Send submissions to: CC:PA:LPD:PR (REG-131739-03), room 5203, Internal
Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044.
Submissions may be hand delivered Monday through Friday between the hours
of 8 a.m. and 4 p.m. to: CC:PA:LPD:PR (REG-131739-03), Courier’s Desk,
Internal Revenue Service, 1111 Constitution Avenue, NW, Washington, DC. Alternatively,
taxpayers may submit comments electronically via the IRS Internet site at www.irs.gov/regs or
via the Federal eRulemaking Portal at www.regulations.gov (IRS
and REG-131739-03).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations, Laura R. Urich, (202) 622-4940;
concerning submissions of comments and requests for a public hearing, Treena
Garrett of the Regulations Unit at (202) 622-7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background and Explanation of Provisions
Temporary regulations in this issue of the Bulletin amend 26 CFR part
301 relating to section 6020. The temporary regulations retain the method
by which an internal revenue officer or employee prepares a return under section
6020(a). Further, the temporary regulations provide that a document (or
set of documents) signed by an authorized internal revenue officer or employee
is a return under section 6020(b) if the document (or set of documents) identifies
the taxpayer by name and taxpayer identification number, contains sufficient
information from which to compute the taxpayer’s tax liability, and
the document (or set of documents) purport to be a return under section 6020(b).
A Form 13496, “IRC Section 6020(b) Certification,”
or any other form that an authorized internal revenue officer or employee
signs and uses to identify a document (or set of documents) containing the
information set forth above as a section 6020(b) return, and the documents
identified, constitute a valid section 6020(b) return. The text of those
regulations also serve as the text of these proposed regulations. The preamble
to the temporary regulations explains the amendments.
It has been determined that this notice of proposed rulemaking is not
a significant regulatory action as defined in Executive Order 12866. Therefore,
a regulatory assessment is not required. It also has been determined that
section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does
not apply to these regulations, and, because these regulations do not impose
a collection of information on small entities, the Regulatory Flexibility
Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the
Internal Revenue Code, this notice of proposed rulemaking will be submitted
to the Chief Counsel for Advocacy of the Small Business Administration for
comment on their impact.
Comments and Requests for a Public Hearing
Before these proposed regulations are adopted as final regulations,
consideration will be given to any written (a signed original and eight (8)
copies) and electronic comments that are submitted timely to the IRS. The
IRS and Treasury specifically request comments on the clarity of the proposed
regulations and how they can be made easier to understand. All comments will
be available for public inspection and copying. A public hearing will be
scheduled if requested in writing by any person that timely submits comments.
If a public hearing is scheduled, notice of the date, time, and place for
the public hearing will be published in the Federal
Register.
Proposed Amendments to the Regulations
Accordingly, 26 CFR part 301 is proposed to be amended to read as follows:
PART 301—PROCEDURE AND ADMINISTRATION
Paragraph 1. The authority citation continues to read, in part, as
follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 301.6020-1 is added to read as follows:
§301.6020-1 Returns prepared or executed by the Commissioner
or other internal revenue officers.
[The text of proposed §301.6020-1 is the same as the text of §301.6020-1T
published elsewhere in this issue of the Bulletin].
Mark E. Matthews, Deputy
Commissioner for Services and Enforcement.
Note
(Filed by the Office of the Federal Register on July 15, 2005, 8:45
a.m., and published in the issue of the Federal Register for July 18, 2005,
70 F.R. 41165)
The principal author of these regulations is Tracey B. Leibowitz, of
the Office of the Associate Chief Counsel (Procedure and Administration),
Administrative Provisions and Judicial Practice Division.
* * * * *
Internal Revenue Bulletin 2005-36
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