There are quite a number of federal regulations regarding tax law in the United States. While this may be confusing for some, an accurate and in-depth understanding of these regulations is necessary when going to court, or defending a client. Quite a number of cases are won, lost or dismissed on the basis of certain technicalities, and tax lawyers who do not have information on federal regulations regarding taxation often find themselves up a creek and without a paddle. In order to avoid becoming one of these lawyers, it would be in your best interest to keep on top of things and familiarize yourself with federal regulations that apply in your state or area.
Often, legislature will pass taxation laws that require active enforcement - in collecting federal income tax alone, there exists a complex series of federal statutes that apply. This is one of the main reasons why the Internal Revenue Service was formed, in order to address these concerns, as well as resolve questions on how taxation laws should be interpreted; provide guidelines for the public which enable them to file their own income tax returns; and finally to serve as a governing body that will influence and even to the point of demand payment from millions of Americans nationwide during tax season.
Legislatures give tax agencies like the IRS the power to collect taxes and administer tax laws as well, through a number of guidelines and rules that, in effect, are collectively known as regulations. Regulations can affect private individuals, small, medium and large businesses and even other government agencies as well. If, in the course of tax litigation, the regulations themselves are put to question, the first thing the courts will decide is the validity of these regulations as they apply to the case. If, in the event of the case proceedings, the regulations are recognized as valid, then they will have the same finality and binding effect of the law. Regulations are also checked by courts in this manner. Regulations from government tax agencies are not absolute - the courts can overturn them if the court sees fit to do so, in the event of misinterpretation.
The Code of Federal Regulations serves as the go-to Bible of tax regulations. The Code of Federal Regulations spans many volumes, and is arranged according to subject. There are 50 unique titles, each title governing a specific aspect. Consulting the Code of Federal Regulations is a good practice for any lawyer, as it includes a reference to the statute that gives it validity, as well as the time and place it was registered in the Federal Register. All regulations must be registered in the Federal Register, so going back to this document is a foolproof way of checking whether or not your regulation is valid.
Every year, the Code of Federal Regulations is updated and a new edition is published. You will need to reference a current copy of the Code of Federal Regulations to see if the regulation in question is still relevant and binding. Going through these documents in a library can be quite taxing - you may have to go through literally hundreds upon hundreds of regulations before you find the one you are looking for. Thankfully, the entire Code of Federal Regulations is readily available on the Internet, making indexing and searching for regulations much quicker and easier for lawyers. You can try visiting the Find Law website (http://www.findlaw.com/). Locate the "Laws: Cases and Codes" link, and click it. Look for the Code of Federal Regulations, which can be found under the Federal Laws tab.