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26 U.S.C. § 7801Authority of Department of the Treasury

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 290 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Treasury Secretary generally runs and enforces the tax code. For firearms and explosives tax rules, the Attorney General takes over instead. This law doesn't change the Justice Department's other existing powers.

(a) Powers and duties of Secretary: (1) In general: Unless a law specifically says otherwise, the Secretary of the Treasury runs and enforces this entire tax title, directly or through people the Secretary supervises. (2) Administration and enforcement of certain provisions by the Attorney General: (A) In general — For chapter 53 (the firearms and explosives tax rules) and the parts of chapters 61 through 80 that relate to enforcing chapter 53, the Attorney General runs and enforces those rules instead. In those provisions, "Secretary" or "Secretary of the Treasury" actually means the Attorney General, and "internal revenue officer" means a Bureau of Alcohol, Tobacco, Firearms, and Explosives officer the Attorney General designates. (B) Use of existing rulings and interpretations — The Homeland Security Act of 2002 did not cancel or change the ATF's rulings and interpretations of these chapter 53 provisions that were already in effect. The Attorney General must work with the Secretary to keep these rules applied consistently. (b) This subsection was repealed in 1982. (c) Functions of Department of Justice unaffected: Nothing in this section, or in section 301(f) of Title 31, changes any duty, power, or function the Department of Justice or its officers already had under the law as it existed on May 10, 1934.
the actual law source: uscode.house.gov ↗public domain
(a) Powers and duties of Secretary
(1) In general

Except as otherwise expressly provided by law, the administration and enforcement of this title shall be performed by or under the supervision of the Secretary of the Treasury.

(2) Administration and enforcement of certain provisions by Attorney General
(A) In general

The administration and enforcement of the following provisions of this title shall be performed by or under the supervision of the Attorney General; and the term “Secretary” or “Secretary of the Treasury” shall, when applied to those provisions, mean the Attorney General; and the term “internal revenue officer” shall, when applied to those provisions, mean any officer of the Bureau of Alcohol, Tobacco, Firearms, and Explosives so designated by the Attorney General:

(i)

Chapter 53.

(ii)

Chapters 61 through 80, to the extent such chapters relate to the enforcement and administration of the provisions referred to in clause (i).

(B) Use of existing rulings and interpretations

Nothing in the Homeland Security Act of 2002 alters or repeals the rulings and interpretations of the Bureau of Alcohol, Tobacco, and Firearms in effect on the effective date of such Act, which concern the provisions of this title referred to in subparagraph (A). The Attorney General shall consult with the Secretary to achieve uniformity and consistency in administering provisions under chapter 53 of title 26, United States Code.

[(b) Repealed. Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, 1078]

(c) Functions of Department of Justice unaffected

Nothing in this section or section 301(f) of title 31 shall be considered to affect the duties, powers, or functions imposed upon, or vested in, the Department of Justice, or any officer thereof, by law existing on May 10, 1934.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 915; Pub. L. 86–368, § 1, Sept. 22, 1959, 73 Stat. 647; Pub. L. 88–426, title III, § 305(39), Aug. 14, 1964, 78 Stat. 427; Pub. L. 94–455, title XIX, § 1906(b)(13)(B), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97–258, §§ 2(f)(1), 5(b), Sept. 13, 1982, 96 Stat. 1059, 1068, 1078; Pub. L. 107–296, title XI, § 1112(k), Nov. 25, 2002, 116 Stat. 2277; Pub. L. 115–141, div. U, title IV, § 401(a)(333), Mar. 23, 2018, 132 Stat. 1200.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1959Amended · Pub. L. 86-368 · 73 Stat. 647
  • 1964Amended · Pub. L. 88-426 · 78 Stat. 427
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
  • 1982Amended · Pub. L. 97-258 · 96 Stat. 1059, 1068, 1078
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2277
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1200

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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