Tax Research > Research Process
Research Steps:
Very few sections of the Internal Revenue Code (IRC) were written specifically
for timber activities. Researching your tax question in a systematic way can
help you keep on track and avoid a lot of confusion...| continue
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Administrative Procedures:
The U.S. Federal Income tax system is based primarily upon an assumption of
self-assessment. The IRS uses the examination of returns as an enforcement
device to promote such voluntary compliance with the Internal Revenue laws.
There are three major parts to examination process, the preliminary review
of returns, the examination process, and the appeal process...| continue
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Legislative Sources:
The legislative primary authorities consist of the U.S. Constitution, new
tax laws enacted by Congress and incorporated into the Internal Revenue Code,
reports issued by congressional committees as new laws are enacted, and treaties
with other countries, which are negotiated by the President with the advice
and consent of the Senate. Collectively, these authorities are sometimes referred
to as statutory authorities. They are generally accorded a higher level
of authority than other administrative or judicial primary authorities...|
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Administrative Sources:
The Treasury Department is charged with administering the tax laws of the
United States, to accomplish this task it makes various pronouncements to
explain the Internal Revenue Code. Administrative pronouncements of this type
constitute one of the major categories of primary tax authority. There are
four major types of pronouncements that may be issued including "regulations",
"revenue rulings", "revenue procedures", and "letter
rulings." Each of these categories of rulings is issued for a different
purpose and carries a different degree of authority...| continue
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Judicial Sources:
Judicial decisions are the third primary source of tax law. Court decisions
are official interpretations and applications of the IRC by the judicial branch
of the government. In this process, additional tax law is generated that can
carry the full force for the statute itself. From a research standpoint it
is important to understand the precedential value of court cases, how they
are cited, and the process for review of the court's decision. The federal
court system consists of three trial courts and two levels of appellate courts.
The three trial courts are the U.S. Tax Court, the U.S. District Courts, and
the U.S. Court of Federal Claims. The two appellate courts are the U.S. Court
of Appeals and the U.S. Supreme Court. All litigation must start in one of
the three types of trial courts...| continue
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Tax Services:
Tax services comprise the majority of the secondary sources that are available
to help research tax questions. Secondary authorities are useful when conflicting
primary authorities exist, when there appears to be no extant primary authority,
or when you need an explanation or clarification of the primary authority.
As you are researching your tax question you should take care not to rely
too heavily upon the secondary authority, and always read any pertinent primary
authority that is referred to in the secondary sources...| continue
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