part33-12
- 33.3.7.1
General - 33.3.7.2
Review and Approval of Tax Forms and Instructions
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The Tax Forms and Publications Division, W:CAR:MP:FP, is responsible
for the program of tax forms and tax publications. The focus of this section
is on the activities of the Office of Chief Counsel and its representative
to the Tax Forms Coordinating Committee (the Committee).
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Tax forms and instructions combine the technical and administrative
requirements of all functions of the Service, and are often the only contact
between the Service and the taxpayer. All functions of the Service are represented.
For Chief Counsel, one person from the Office of the Associate Chief Counsel
(P&A) is designated as its representative on the Committee. The Committee,
among its duties, reviews and approves all tax forms.
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The Office of Chief Counsel is responsible for advising the Committee
on current developments in legislation, regulations, litigation, and other
legal aspects of forms and instructions. In the development of tax forms and
instructions, the Office of Chief Counsel is also responsible for the technical
accuracy of interpretations of legislation for which regulations have not
been published and of regulations which are in the process of being amended.
It is responsible for interpreting the applicable Code sections and for reviewing
the forms and instructions. -
The Chief Counsel representative to the Committee is the Counsel contact
for any Service office that has a question about which Counsel office to contact
if they need advice on the development or revision of a form.
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Proofs of tax forms are routed by the Tax Forms Development Branch,
W:CAR:MP:FP:F, to the Office of Chief Counsel’s representative on the
Committee. These forms are also routed to the designated representative for
each Associate Chief Counsel Office for review and comment. Each Associate
office is expected to review the forms for matters within that office’s
jurisdiction, and coordinate with any other Associate and Division Counsel
offices as appropriate. -
The professional to whom the case is assigned should make every effort
to complete action within the listed time-frame. If this is not possible the
professional should call the Tax Form Development Branch originator and agree
on a mutually satisfactory response date. Any legal issues with the Tax Forms
Development Branch that cannot be resolved at the branch level should be elevated
within the Associate office for resolution. Each office responds directly
to the Tax Forms Development Branch. In addition, if an office provides written
comments to the Tax Forms Development Branch, a copy of such comments should
be sent to Counsel’s representative to the Committee. Counsel’s
representative should be informed of any significant problems that cannot
be resolved between an office in Counsel reviewing the form and the Tax Forms
Development Branch. -
In addition, the Tax Forms Development Branch or another office in the
Service may send a form directly to one or more Associate offices for review
as the form is being developed or revised if they know those offices may have
a particular interest in the form. An Associate office receiving a form in
this manner should coordinate their review with any other Associate or Division
Counsel offices as appropriate. The Associate office should provide comments
directly to the office requesting the review. -
Generally, Committee meetings are requested by the tax law specialist
in W:CAR:MP:FP:F. However, any member of the Committee can request a meeting
of the Committee to discuss significant issues on a form that requires consideration
by multiple offices, including Chief Counsel. -
Counsel’s representative to the Committee attends meetings of
the Committee. In addition, if a substantive issue is going to be discussed
at a meeting, a representative from the Associate office with jurisdiction
over the issue also should attend the meeting to express that office’s
view on the issue. The representative from the Associate office should ensure
that those at the meeting know that he or she must confirm any legal position
reached at the meeting with his or her Branch managers or, if necessary, others
in the Associate office before it can be relied upon by the Tax Forms Development
Branch. -
Drafts of tax forms are sent to the Office of Management and Budget,
OMB, for approval and the establishment of an expiration date. This review
is required under the Paperwork Reduction Act. All forms must be sent to OMB
through the IRS Reports Clearance Officer in W:CAR:MP:FP:S.
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Generally, requests for technical assistance are sent by the Technical
Publications Branch directly to the specific office that has jurisdiction
over the subject matter. Most often, only portions of publications are to
be reviewed because of newness, controversy, or uncertainty. The review is
a technical review. Each office responds directly to W:CAR:MP:FP:P within
the time-frame established.