- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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