| | 
		
			| REG-131739-03 | September 6, 2005 | Notice of Proposed Rulemaking by Cross-Reference toTemporary 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 SEARCH: You can either: Search all IRS Bulletin Documents issued since January 1996, or Search the entire site.  For a more focused search, put your search word(s) in quotes. 2005 Document Types | 2005 Weekly IRBs IRS Bulletins Main | Home | 
 |  |