Tax Law: Primary And Primary Sources Of Tax Law

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Tax returns can sometimes turn out in owing money to the government. With many different laws, some can be misinterpreted and questioned. If an individual believes their tax return could have been different due to their interpretation of a law, they can combat it in court. However, before the individual goes to court, they should do extensive research on tax laws. Tax laws can be researched by referencing two sources, primary and secondary sources. The substantial authority would also need to be factored into understanding the laws. If the case goes to court, it is also beneficial to understand how the Internal Revenue Service (IRS) and the courts interpret the tax laws.
The Taxpayer Dispute
As a taxpayer, an individual would want to …show more content…

Primary sources of federal tax law include; “the internal revenue code Title 26, decisions made by courts, such as the Supreme Court, United States Tax Court or district courts” (Anderson et al., 2010, pp. 1-8 – 1-21). Additionally, the Internal Revenue Service has published tax laws. The sources of tax laws also hold an authoritative value for each one. A tax law in the Legislative Branch begins in the House of Representatives and is incorporated in a bill (Anderson et al., 2010). The bill is then distributed and voted on. The bill then ends up with the Senate (Anderson et al., 2010). If the Senate approves the bill, its final stop is at the President’s desk for the President’s signature (Anderson et al., 2010). If approved by the president, it becomes public law (Anderson et al., 2010). Moreover, the Treasury Department creates rules and regulations made by the Internal Revenue Service. The other sources of primary tax law are the decisions made from the Judicial Branch. The U.S. Tax Court, U.S. Court of Federal Claims and U.S. district courts have the power to override tax laws if they disagree with the current tax …show more content…

The secondary sources of tax law can be resources such as “treatises, legal encyclopedias, journal articles, American Law Report (ALR) annotations and loose-leaf services” (Yale University, 2015, para. 5-7). Treatises are works that focus on particular areas of law. Additionally, treatises will usually reference cases and statutes of a particular area of law (Yale University, 2015). Legal encyclopedias are great sources of information that provide high-level information for a particular jurisdiction (Yale University, 2015). An example of a legal encyclopedia would be the “Corpus Juris Secundum” (Yale University, 2015, para. 4). Journal articles or periodicals are found in legal journals that can focus on specific legal issues. Legal periodicals can be found in indexes such as “the Index to Legal Periodicals” (Yale University, 2015, para. 3). The American Law Report annotations can provide good information that focus on narrow areas of the law (Yale University, 2015). The ALR Index is a great tool to find specific topics of law. Moreover, there are other secondary sources of tax law, which are provided by loose-leaf services. Loose-leaf services will contain specific “court decisions, commentaries or administrative regulations” (Yale University, 2015, para. 7). Today, most secondary sources can be found on the Internet. Internet databases compile these documents and

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