• A BRIEF HISTORY OF U.S. LAW ON THE TAXATION OF AMERICANS ABROAD
ACA - AMERICAN CITIZENS ABROAD, 5 rue Liotard, CH-1202 Geneva, Switzerland, Ph & Fax: +41 (0)22 3400233 e-mail: email@example.com
1982 The Treasury Department tells the Congress that it needs more enforcement power overseas to stop the drug trade. Congress enacts legislation which defines all overseas Americans as resident in the District of Columbia for certain legal purposes, including requests for information and the serving of summons. Overseas Americans are also to be subjected to a new form of request for the provision of documents pertaining to their work abroad. Failure to provide such documents, even in the case where providing them is against the law of the country of foreign residence, will subject the overseas American to civil and eventually criminal penalties in the United States. (Tax Act of 1982 Sections 336,337 and 342 of the Act and sec. 7701 and new section 982 of the Code). (For legislative background see H.R. 4961 as reported by the Senate Finance Committee, sec. 372, 373 and 374; S. Rep. No. 97-494 (Vol. 1) July 12, 1982, p. 298+; and H. Rep. No. 97-760 (August 17, 1982), pages 590+). (See also: IRC 7408(c)).
(Note: Web site author believes the IRC 861 filer situation was the impetus for Congress to pass legislation concerning tax protesters. The control of tax protesters was the thrust of the IRS argument in the Miller case. The force of this legislation is found at IRC 7408 Action to Enjoin Promoters of Abusive Tax Shelters, etc., (c) Citizens and residents outside the United States and not at IRC 6702 so abusively utilized by the IRS for suppression of taxpayer outcries of tax law.)
• Return Preparer Penalties: A Comprehensive Review By Terri Gutierrez, CPA Journal, New York State Society of CPSs.
TAX SHELTER CODE REFERENCES
United States Code, Title 26, Internal Revenue Code (IRC)
Sections: 6111, 6112, 6662, 6700, 6701, 6702, 6703, 6707, 6708, 7408.
Note: The following IRC help to explain terms used in tax shelter codes.
TITLE 26. INTERNAL REVENUE CODE (IRC).
Subchapter A > PART IV > Subpart E.
Section 46. Amount of credit.
Subchapter B > PART VI
Section 168. Accelerated cost recovery system.
Subchapter B > PART IX
Section 267. Losses, expenses, and interest with respect to transactions between related taxpayers.
Subchapter D > PART I > Subpart A
Section 401. Qualified pension, profit-sharing, and stock bonus plans.
Subchapter E > PART II > Subpart C
Section 461. General rule for taxable year of deduction.
Section 465(b)(3)(C). Deductions limited to amount at risk.
Section 482. Allocation of income and deductions among taxpayers.
Subchapter K > PART I
Section 707. Transactions between partner and partnership.
Subchapter P > PART V > Subpart A
Section 1274. Determination of issue price in the case of certain debt instruments issued for property.
SUBTITLE C >
Section 3405. Special rules for pensions, annuities, and certain other deferred income.
Chapter 61 >
Subchapter A > Part II > Subpart B.
Section 6015. Relief from joint and several liability on joint return.
Section 6047(d). Information relating to certain trusts and annuity plans.
Chapter 61 >
Section 6111. Registration of tax shelters.
Section 6112. Organizers and sellers of potentially abusive tax shelters must keep lists of investors
Chapter 63 >
Section 6211(b)(2). Definition of a deficiency.
Chapter 66 >
Section 6502. Collection after assessment .
CHAPTER 68 >
Subchapter A > PART II.
Section 6662. Imposition of accuracy-related penalty.
Section 6663. Imposition of fraud penalty.
CHAPTER 68 > Subchapter A > PART III
Section 6665. Applicable rules.
CHAPTER 68 > Subchapter B-Assessable Penalties > PART I.
Section 6673. Sanctions and costs awarded by courts
Section 6694. Understatement of taxpayer's liability by income tax return preparer.
Section 6695. Other Assessable Penalties
Section 6696. Rules Applicable to sections 6694 and 6695.
Section 6700. Promoting abusive tax shelters, etc.
Section 6701. Penalties for aiding and abetting understatement of tax liability.
Section 6702. Frivolous income tax return.
Section 6703. Rules applicable to penalties under sections 6700, 6701, and 6702.
Section 6704. Failure to keep records necessary to meet reporting requirements under section 6047 (d).
Section 6707. Failure to furnish information regarding tax shelters.
Section 6708. Failure to maintain lists of investors in potentially abusive tax shelters.
Section 6709. Penalties with respect to mortgage credit certificates.
CHAPTER 76 >
Section 7408. Action to enjoin promoters of abusive tax shelters, etc.
CHAPTER 76 >
Section 7421(a). Prohibition of suits to restrain assessment or collection.
Except as provided in sections 6015 (e), 6212 (a) and (c), 6213 (a), 6225 (b), 6246 (b), 6330 (e)(1), 6331 (i), 6672 (c), 6694 (c), and 7426 (a) and (b)(1), 7429 (b), and 7436, no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person, whether or not such person is the person against whom such tax was assessed.
(b) Liability of transferee or fiduciary
No suit shall be maintained in any court for the purpose of restraining the assessment or collection (pursuant to the provisions of chapter 71) of—
(1) the amount of the liability, at law or in equity, of a transferee of property of a taxpayer in respect of any internal revenue tax, or
(2) the amount of the liability of a fiduciary under section 3713 (b) of title 31, United States Code  in respect of any such tax.
Section 7422. Civil actions for refund.
Section 7433. Civil damages for certain unauthorized collection actions.
Section 7525. Confidentiality privileges relating to taxpayer communications.
TITLE 28. JUDICIARY AND JUDICIAL PROCEDURE.
Section 1509. No jurisdiction in cases involving refunds of tax shelter promoter and understatement penalties.
TITLE 31. MONEY AND FINANCE.
Section 330. Practice before the Department.
(Ed. Note: Original page ended here and, yes, there does seem to be something missing.)