chapter 2 tax

Chapter 2: Tax

Taxpayer Filing Requirements

  • Taxpayers must file a return if gross income exceeds the income threshold.

  • Income thresholds vary based on:

    • Filing Status: Individual, married, etc.

    • Inflation: Adjustments made annually.

    • Self-Employed and Dependents: Typically lower thresholds for these categories.

Tax Return Due Dates and Implications

  • Deadline for Filing: April 15.

  • If Tax Overpaid: Options include:

    • Refund.

    • Application of excess to the next period.

  • If Tax Underpaid: Taxpayers will receive:

    • A reminder for payment.

    • Potential penalties.

  • Extension for Filing: Taxpayers can request a 6-month extension; however, this does not delay payment obligations.

  • Penalties for Non-Filing:

    • Failure to file may incur a penalty of 5% of unpaid tax per month, with a maximum penalty of 25%.

    • If no taxes are owed, there is no penalty.

Statute of Limitations

  • Amending Returns or IRS Assessments: 3 years from the date the return was filed or the due date (whichever is longer).

  • For Gross Income Exceedance: If income is understated by 25% or more, the statute extends to 6 years.

  • Fraudulent Activity: The statute does not apply if the taxpayer commits fraud or fails to file a return.

Positions on Returns

  • Taxpayers must claim a position on their tax return with:

    • Substantial Authority: Strong justification for the position taken.

    • Reasonable Basis for Position: Must be disclosed on tax returns.

Tax Law Sources

Primary Sources
  • Legislative:

    • The US Constitution.

    • The Internal Revenue Code of 1986 (including tax treaties).

  • Judicial:

    • Courts interpret the code and resolve disputes:

      • Supreme Court: Highest tax authority, does not create laws but can rule laws as unconstitutional.

      • Other courts include:

        • US Circuit Court of Appeals (13).

        • US Tax Court.

        • US Court of Federal Claims.

        • US District Court.

  • Administrative:

    • Treasury Regulations: Interpretations of tax law.

    • Revenue Rulings: Specific applications of tax code in various scenarios.

    • Revenue Procedures: IRS practices and procedures.

    • Letter Rulings: IRS determinations on particular transactions.

Secondary Sources
  • Resources such as books, textbooks, and other educational materials.