Jesse S. Frederick - Page 7




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          purpose includes a regulation.  1 C.F.R. sec. 1.1 (1999).                    
          Petitioner points out that the regulations under title 27 of the             
          Code of Federal Regulations, containing regulations pertaining to            
          the Bureau of Alcohol, Tobacco, and Firearms, comply with this               
          provision, but the regulations under title 26 of the Code of                 
          Federal Regulations, containing regulations pertaining to the                
          Internal Revenue Service and the Internal Revenue Code, do not.              
          However, the Code of Federal Regulations specifically provides               
          that the rules governing citations of authority, and similar                 
          matters of form, are not intended to affect the validity of                  
          regulations filed and published under law.  See 1 C.F.R. sec. 5.1            
          (1999).  Thus, the Treasury regulations are valid irrespective of            
          any failure to include citations of authority.  Moreover,                    
          1 C.F.R. sec. 21.40 provides that each section of a document                 
          “must include, or be covered by, a complete citation of                      
          authority”.  (Emphasis added.)  The regulations under which                  
          respondent issued the notice of deficiency generally cross-                  
          reference a Treasury Decision which itself cites the statutory               
          authority upon which the regulation is based.1                               
               Next, petitioner argues that Form 1040 is invalid.  This                
          argument has no merit.  See McDougall v. Commissioner, T.C. Memo.            
          1992-683 (citing United States v. Hicks, 947 F.2d 1356 (9th Cir.             


               1  Moreover, in general the numbering of the regulations                
          makes it obvious under which statute each is issued.                         




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