Sherald Lynn and Susan Jana Davis - Page 4




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               Section 7701(a)(41) defines the term “taxpayer                         
          identification number” (TIN) to mean “the identifying number                
          assigned to a person under section 6109.”  Section 6109(d)                  
          specifies that the Social Security account number (SSN) issued to           
          an individual is the identifying number of such individual,                 
          except as otherwise specified under applicable regulations.  See            
          sec. 6109(d).  The regulations provide that an individual                   
          required to furnish a TIN must use an SSN, unless such individual           
          is not eligible to obtain an SSN.  See sec. 301.6109-                       
          1(a)(1)(ii)(A) and (B), Proced. & Admin. Regs.  The regulations             
          further provide that “any individual who is duly assigned a                 
          Social Security number or who is entitled to a Social Security              
          number will not be issued an IRS individual taxpayer                        
          identification number.”  Sec. 301.6109-1(d)(4), Proced. & Admin.            
          Regs.2                                                                      
               SSN’s are issued by the Social Security Administration (SSA)           
          of the U.S. Department of Health and Human Services upon the                
          application by a citizen, by a qualified alien, or by a parent on           
          behalf of a qualified child.  See generally 20 C.F.R. secs.                 


          2    Sec. 301.6109-1(d)(4) Proced. & Admin. Regs., was added to             
          the regulations by T.D. 8671, 1996-1 C.B. 314, and is effective             
          for any return, statement, or other document required to be filed           
          after Dec. 31, 1995.  Prior to the promulgation of this                     
          regulation, respondent had issued individual taxpayer                       
          identification numbers to taxpayers who claimed religious                   
          objections to the use of Social Security numbers.  See Wolfrum v.           
          Commissioner, T.C. Memo. 1991-370, affd. 972 F.2d 350 (6th Cir.             
          1992).                                                                      




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