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Federal Tax Research

Researching with the Internal Revenue Code

The Internal Revenue Code (IRC) is the comprehensive body of federal tax laws in the United States. It's the primary source of authority for all federal taxation, including income, employment, gift, estate, and excise taxes. The IRC is codified as Title 26 of the United States Code (U.S.C.), and it's organized into subtitles, chapters, subchapters, parts, and sections.

Significance of the IRC

The IRC is significant for several reasons:

  • Authority: The IRC is the definitive authority on federal tax law. It's the statutory law that Congress has enacted, and it's binding on all taxpayers and the courts.
  • Comprehensiveness: The IRC covers all aspects of federal taxation. It provides the rules for calculating taxable income, determining tax liability, filing tax returns, and administering and enforcing tax laws.
  • Interpretation: The IRC serves as the starting point for interpreting and applying tax law. When a tax issue arises, the first step is usually to look at the relevant provisions of the IRC.

Locating and Using the IRC in Legal Research

The IRC can be found in several places:

  • Government Websites: The full text of the IRC is available for free on the U.S. House of Representatives' website. The IRS website also provides access to the IRC, though it's not as user-friendly for research purposes.
  • Legal Databases: Legal research platforms like Westlaw, Lexis, and Bloomberg Law provide access to the IRC. These platforms offer advanced search features and annotations that can help you understand and interpret the IRC.
  • Printed Code Books: Printed versions of the IRC are available from various publishers. These often include annotations, cross-references, and other helpful research tools.

When using the IRC in legal research, it's important to remember a few key points:

  • Read Carefully: Tax law is complex and detailed. Make sure to read the relevant sections of the IRC carefully and thoroughly.
  • Use Annotations: Annotations can provide valuable insights into how a particular section of the IRC has been interpreted by the courts or the IRS.
  • Check for Updates: Tax law changes frequently. Always check to make sure you're looking at the most recent version of the IRC and that you're aware of any recent amendments or new legislation.
  • Consult Secondary Sources: Secondary sources, like tax treatises and law review articles, can provide further explanation and analysis of the IRC.

Remember, understanding and effectively using the IRC is a crucial part of tax research. It's the foundation upon which all other tax law is built.