SEC. 7271. PENALTIES FOR OFFENSES RELATING TO STAMPS. Any person who with respect to any tax payable by stamps (1) FAILURE to attach or CANCEL STAMPS, ETC.-Fails to comply with rules or regulations prescribed pursuant to section 6804 (relating to attachment, cancellation, etc., of stamps), unless such failure is shown to be due to reasonable cause and not willful neglect; or (3) INSTRUMENTS.-Makes, signs, issues, or accepts, or causes to be made, signed, issued, or accepted, any instrument, document, or paper of any kind or description whatsoever without the full amount of tax thereon being duly paid; or shall be liable for each such offense to a penalty of $50. § 43.7271-1 CROSS REFERENCES.-For other provisions relating to penalties, see the applicable sections of the Regulations on Procedure and Administration (26 CFR Part 301). § 43.7701 STATUTORY PROVISIONS; DEFINITIONS. SEC. 7701. DEFINITIONS. (a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof— (1) PERSON.-The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation. (2) PARTNERSHIP AND PARTNER.-The term "partnership" includes a syndicate, group, pool, joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this title, a trust or estate or a corporation; and the term "partner" includes a member in such a syndicate, group, pool, joint venture, or organization. (3) CORPORATION.-The term "corporation" includes associations, joint-stock companies, and insurance companies. (4) DOMESTIC.-The term "domestic" when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State or Territory. (5) FOREIGN. The term "foreign" when applied to a corporation or partnership means a corporation or partnership which is not domestic. (6) FIDUCIARY.-The term "fiduciary" means a guardian, trustee, executor, administrator, receiver, conservator, or any person acting in any fiduciary capacity for any person. (7) STOCK.-The term "stock" includes shares in an association, joint-stock company, or insurance company. (9) UNITED STATES.-The term "United States" when used in a geographical sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia. (10) STATE.-The term "State" shall be construed to include the Territories and the District of Columbia, where such construction is necessary to carry out provisions of this title. (11) SECRETARY.-The term "Secretary" means the Secretary of the Treasury. (12) DELEGATE.-The term "Secretary or his delegate" means the Secretary of the Treasury, or any officer, employee, or agency of the Treasury Department duly authorized by the Secretary (directly, or indirectly by one or more redelegations of authority) to perform the function mentioned or described in the context, and the term "or his delegate" when used in connection with any other official of the United States shall be similarly construed. (13) COMMISSIONER.-The term "Commissioner" means the Commissioner of Internal Revenue. (19) DOMESTIC BUILDING AND LOAN ASSOCIATION.-The term "domestic building and loan association" means a domestic building and loan association, a domestic savings and loan association, and a Federal savings and loan association, substantially all the business of which is confined to making loans to members. (b) INCLUDES AND INCLUDING.-The terms "includes" and "including" when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined. * (d) CROSS REFERENCES. (1) OTHER DEFINITIONS.-For other definitions, see the following sections of Title 1 of the United States Code : (1) Singular as including plural, section 1. * § 43.7805 STATUTORY PROVISIONS; RULES AND REGULATIONS. SEC. 7805. RULES AND REGULATIONS. (a) AUTHORIZATION.-Except where such authority is expressly given by this title to any person other than an officer or employee of the Treasury Department, the Secretary or his delegate shall prescribe all needful rules and regulations for the enforcement of this title, including all rules and regulations as may be necessary by reason of any alteration of law in relation to internal revenue. (b) RETROACTIVITY OF REGULATIONS OR RULINGS.-The Secretary or his delegate may prescribe the extent, if any, to which the ruling or regulation, relating to the internal revenue laws, shall be applied without retroactive effect. (c) PREPARATION AND DISTRIBUTION OF REGULATIONS, FORMS, STAMPS, AND OTHER MATTERS.-The Secretary or his delegate shall prepare and distribute all the instructions, regulations, directions, forms, blanks, stamps, and other matters pertaining to the assessment and collection of internal revenue. § 43.7805-1 PROMULGATION OF REGULATIONS.-In pursuance of section 7805 of the Internal Revenue Code of 1954, the foregoing regulations are hereby prescribed. (See § 43.0-3 relating to the scope of the regulations.) O. GORDON DELK, Acting Commissioner of Internal Revenue. Approved January 6, 1959. FRED C. SCRIBNER, JR., Acting Secretary of the Treasury. (Filed by the Division of the Federal Register on January 9, 1959, 8:47 a.m., and published in the issue of the Federal Register for January 10, 1959, 24 F.R. 251.) SECTION 6001.-NOTICE OR REGULATIONS REQUIRING RECORDS, STATEMENTS, AND SPECIAL RETURNS 26 CFR 43.6001: Statutory provisions; notice or regulations requiring records, statements, and special returns. Regulations under the Internal Revenue Code of 1954. See T.D. 6351, page 17. SECTION 6802.-SUPPLY AND DISTRIBUTION [GENERAL PROVISIONS RELATING TO STAMPS] 26 CFR 43.6802: Statutory provisions; supply and distribution. Regulations under the Internal Revenue Code of 1954. See T.D. 6351, page 17. SECTION 6804.-ATTACHMENT AND CANCELLATION [GENERAL PROVISIONS RELATING TO STAMPS] 26 CFR 43. 6804: Statutory provisions; attachment and cancellation. Regulations under the Internal Revenue Code of 1954. See T.D. 6351, page 17. SECTION 7209.-UNAUTHORIZED USE OR SALE OF STAMPS 26 CFR 43.7209: Statutory provisions; unauthorized use or sale of stamps. Regulations under the Internal Revenue Code of 1954. See T.D. 6351, page 17. SECTION 7271.-PENALTIES FOR OFFENSES RELATED TO STAMPS 26 CFR 43.7271: Statutory provisions; penalties for offenses relating to stamps. Regulations under the Internal Revenue Code of 1954. See T.D. 6351, page 17. PART II RULINGS AND DECISIONS UNDER THE INTERNAL REVENUE CODE OF 1939, THE FEDERAL FIREARMS ACT, AND OTHER PUBLIC LAWS SUBPART A.-RULINGS AND DECISIONS UNDER THE INTERNAL REVENUE CODE OF 1939 Rulings and decisions published in Part II, Subpart A, of the Internal Revenue Bulletin are based on the applications of provisions of the Internal Revenue Code of 1939 and unless otherwise noted therein are published without consideration to any application of the provisions of the Internal Revenue Code of 1954, the Federal Firearms Act, or other public laws. SECTION 22(k).—GROSS INCOME: ALIMONY, ETC., INCOME REGULATIONS 118, SECTION 39.22 (k)-1: Alimony and separate maintenance payments; income to former wife. (Also Section 23 (u); Regulations 118, Section 39.23 (u)-1.) (Also Part I, Sections 71, 215; 26 CFR 1.71-1, 1.215-1.) Rev. Rul. 59-45 Payments made under a decree of divorce or separate maintenance by a husband to his former wife, which are to be paid over a period of less than ten years but which are subject to the contingency of the death of either spouse, the remarriage of the wife, or a change in the economic status of either spouse, qualify as periodic payments within the intendment of section 22(k) of the Internal Revenue Code of 1939, provided the payments are in the nature of alimony or an allowance for support. Such payments are includible in the gross income of the wife and are deductible by the husband. See Rudolph B. S. Myers v. Commissioner, 212 Fed. (2d) 448; Clay W. Prewett, Jr. v. Commissioner, 221 Fed. (2d) 250. Under section 71 of the Internal Revenue Code of 1954, the same principle is also applicable to payments of this type, as well as to payments made after August 16, 1954, under (1) a written separation agreement executed after that date, or (2) under a decree for support entered after March 1, 1954. See section 1.71-1(d) (3) of the Income Tax Regulations. INDEX ated gaming devices. INTERNAL REVENUE BULLETINS 1958-1 THROUGH 1958-4 For index of items published during the last six months of 1958, see I.R.B. 1959-1, dated January 5, 1959 ADMINISTRATIVE: Administration; Delegation of authority, destruction of for- c-6339--- Gift tax, overassessment of wife, deficiency of spouse.. Deficiencies, gift tax donor, overassessment of spouse - - - Forms. (See: Returns) Officers and employees, authorized destruction of coin-oper- c-6339--- 1, 14 a-39... 4,33 1, 16 Overassessments (See: Credits and refunds). Refunds (See: Credits and refunds) _ Regulations: 4,33 26 CFR 148.1-1, 148.1-2, payment of documentary c-6349--- 4,39 26 CFR 148.1-3, 148.1-4, temporary rules, tax-free 26 CFR 148.1-6, temporary rules, collection by pro- c-6347--- 3, 37 Returns: Excise taxes, exemption certificates, temporary rules, c-6344... 3, 24 Forms: Certificates of exemption, manufacturers tax, tread c-6343--- 4, 20 Tax: Exemption certificates, temporary rules, § 148.1-4. Computation, manufacturers tax, tires, tubes, and c-6343-.-. Liability: Safe deposit boxes, § 42.4286-1. c-6342... 2, 19 Manufacturers tax, tires, tubes, and tread rubber c-6343.. 4, 20 Payments: Cabaret tax on amounts received by concession- c-6347... 3,37 Club dues of life members, temporary rules, c-6349... 4,39 § 148.1-2. Documentary stamps, clearing houses, temporary c-6349--- 4,39 a Revenue Rulings. f Executive Orders. b Revenue Procedures. e Treasury Decisions. d Court Decisions. g Delegation Orders. h Treasury Department Orders. i Tax Conventions. j Statement of Procedural Rules. |