26 U.S.C. § 7852 — Other applicable rules
submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 333 words · no verdicts yet
If one part of the tax code is struck down, the rest still stands. Old references to the 1939 tax code now point to this title instead. This section also sets rules for treaties and blocks certain privacy-law challenges to tax liability.
(a) Separability clause. If a court finds that a provision of this title, or how it applies to some person or situation, is invalid, that doesn't affect the rest of the title or how that provision applies to other people or situations.
(b) Reference in other laws to Internal Revenue Code of 1939*. If any other U.S. law or Executive order refers to a provision of the 1939 tax code, that reference is also read as pointing to the matching provision of this title — unless the law or order clearly says otherwise, or that reading would clash with what it obviously meant.
(c) Items not to be twice included in income or deducted. The same item — whether it's income, a deduction, a credit, or something else — cannot be counted both under a tax in subtitle A of this title and under chapter 1 or 2 of the 1939 tax code, unless the law clearly says or means otherwise.
(d) Treaty obligations.
(1) In general. When deciding how a treaty relates to a U.S. revenue law, neither one automatically wins just because it's a treaty or just because it's a law.
(2) Savings clause for 1954 treaties. This title, as it stood without any amendments made after August 16, 1954, does not apply in any situation where applying it would break a U.S. treaty obligation that was in effect on August 16, 1954.
(e) Privacy Act of 1974. Certain parts of the Privacy Act (subsections (d)(2), (3), and (4), and subsection (g) of section 552a of title 5) cannot be used, directly or indirectly, to help decide whether someone owes — or how much they owe — in tax, penalty, interest, fines, forfeitures, or other charges under this title.
If any provision of this title, or the application thereof to any person or circumstances, is held invalid, the remainder of the title, and the application of such provision to other persons or circumstances, shall not be affected thereby.
Any reference in any other law of the United States or in any Executive order to any provision of the Internal Revenue Code of 1939 shall, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, be deemed also to refer to the corresponding provision of this title.
Except as otherwise distinctly expressed or manifestly intended, the same item (whether of income, deduction, credit, or otherwise) shall not be taken into account both in computing a tax under subtitle A of this title and a tax under chapter 1 or 2 of the Internal Revenue Code of 1939.
For purposes of determining the relationship between a provision of a treaty and any law of the United States affecting revenue, neither the treaty nor the law shall have preferential status by reason of its being a treaty or law.
No provision of this title (as in effect without regard to any amendment thereto enacted after August 16, 1954) shall apply in any case where its application would be contrary to any treaty obligation of the United States in effect on August 16, 1954.
The provisions of subsections (d)(2), (3), and (4), and (g) of section 552a of title 5, United States Code, shall not be applied, directly or indirectly, to the determination of the existence or possible existence of liability (or the amount thereof) of any person for any tax, penalty, interest, fine, forfeiture, or other imposition or offense to which the provisions of this title apply.
Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 922; Pub. L. 94–455, title XII, § 1202(g), Oct. 4, 1976, 90 Stat. 1688; Pub. L. 100–647, title I, § 1012(aa)(1)(A), Nov. 10, 1988, 102 Stat. 3531.)
- 1954Enacted · Act of Aug. 16, 1954, ch. 736
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1688
- 1988Amended · Pub. L. 100-647 · 102 Stat. 3531
A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.
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