[Federal Register Volume 60, Number 185 (Monday, September 25, 1995)]
[Proposed Rules]
[Pages 49356-49357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23368]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 301
[IA-36-91]
RIN 1545-AT22
Time for Performance of Acts Where Last Day Falls on Saturday,
Sunday, or Legal Holiday
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document contains proposed regulations relating to the
time for performance of acts by taxpayers and by the Commissioner, a
district director, or the director of a regional service center, where
the last day for performance falls on a Saturday, Sunday, or legal
holiday. In particular, the proposed regulations would remove the list
of legal holidays and other outdated material.
DATES: Written comments and requests for a public hearing must be
received by December 26, 1995.
ADDRESSES: Send submissions to: CC:DOM:CORP:T:R (IA-36-91), room 5228,
Internal Revenue Service, POB 7604, Ben Franklin Station, Washington,
DC 20044. In the alternative, submissions may be hand delivered between
the hours of 8 a.m. and 5 p.m. to: CC:DOM:CORP:T:R (IA-36-91),
Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue NW,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Judith A. Lintz (202) 622-6232 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
This document contains proposed amendments to the Procedure and
Administration Regulations (26 CFR part 301) that would revise the
paragraphs in the regulations that specify the legal holidays and
provide other related information.
Explanation of Provisions
This document proposes to amend Sec. 301.7503-1, which explains and
supplements section 7503 of the Internal Revenue Code pertaining to the
performance of any act prescribed under authority of the internal
revenue laws when the last day for performance of the act falls on
Saturday, Sunday, or a legal holiday. First, Sec. 301.7503-1(a) would
be amended to reflect a change to the name of the Court of Claims,
which, as of October 29, 1992, became the Court of Federal Claims.
Second, Sec. 301.7503-1(b), which provides a list of the legal
holidays and other related information, would be revised. The current
list of holidays is outdated. However, in light of the aim toward tax
simplification, the list of holidays in paragraph (b) would be replaced
by citations to the law from which the holidays must be discerned. In
this way, future changes in the law with respect to the holidays will
not require amendments to the regulations.
Third, Sec. 301.7503-1(c), which provides that section 7503 is
applicable in any case where the last day for performance of an act
occurs after August 16, 1954, would be removed because this information
is obsolete.
Special Analyses
It has been determined that this notice of proposed rulemaking is
not a significant regulatory action as defined in EO 12866. Therefore,
a regulatory assessment is not required. It also has been determined
that section 553(b) of the Administrative Procedure Act (5 U.S.C.
chapter 5) and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do
not apply to these regulations, and, therefore, a Regulatory
Flexibility Analysis is not required. Pursuant to section 7805(f) of
the Internal Revenue Code, this notice of proposed rulemaking will be
submitted to the Chief Counsel for Advocacy of the Small Business
Administration for comments on its impact on small business.
Comments and Requests for a Public Hearing
Before these proposed regulations are adopted as final regulations,
consideration will be given to any written comments (a signed original
and eight (8) copies) that are submitted timely to the IRS. All
comments will be available for public inspection and copying. A public
hearing may be scheduled if requested in writing by any person who
timely submits written comments. If a public hearing is scheduled,
notice of the date, time, and place for the hearing will be published
in the Federal Register.
Drafting Information
The principal author of these regulations is Judith A. Lintz,
Office of Assistant Chief Counsel (Income Tax & Accounting), Internal
Revenue Service. However, other personnel from the IRS and Treasury
Department participated in their development.
List of Subjects in 26 CFR Part 301
Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income
taxes, Penalties, Reporting and recordkeeping requirements.
Proposed Amendments to the Regulations
Accordingly, 26 CFR part 301 is proposed to be amended as follows:
PART 301--PROCEDURE AND ADMINISTRATION
Paragraph 1. The authority citation for part 301 continues to read
in part as follows:
Authority: 26 U.S.C. 7805 * * *
[[Page 49357]]
Par. 2. Section 301.7503-1 is amended as follows:
1. In the fourth sentence of paragraph (a), the language
``Thursday, November 22, 1956 (Thanksgiving Day), the suit will be
timely if filed on Friday, November 23, 1956, in the Court of Claims''
is removed and the language ``Thursday, November 23, 1995 (Thanksgiving
Day), the suit will be timely if filed on Friday, November 24, 1995, in
the Court of Federal Claims'' is added in its place.
2. Paragraph (b) is revised as set forth below.
3. Paragraph (c) is removed.
The revision reads as follows:
Sec. 301.7503-1 Time for performance of acts where last day falls on
Saturday, Sunday, or legal holiday.
* * * * *
(b) Legal holidays. For the purpose of section 7503, the term legal
holiday includes the legal holidays in the District of Columbia as
found in D.C. Code Ann. 28-2701. In the case of any return, statement,
or other document required to be filed, or any other act required under
the authority of the internal revenue laws to be performed, at an
office of the Internal Revenue Service, or any other office or agency
of the United States, located outside the District of Columbia but
within an internal revenue district, the term legal holiday includes,
in addition to the legal holidays in the District of Columbia, any
statewide legal holiday of the state where the act is required to be
performed. If the act is performed in accordance with law at an office
of the Internal Revenue Service or any other office or agency of the
United States located in a territory or possession of the United
States, the term legal holiday includes, in addition to the legal
holidays in the District of Columbia, any legal holiday that is
recognized throughout the territory or possession in which the office
is located.
Margaret Milner Richardson,
Commissioner of Internal Revenue.
[FR Doc. 95-23368 Filed 9-22-95; 8:45 am]
BILLING CODE 4830-01-U