Chapter 80, Subchapter A, Section 7803, Subsection (a) · 26 U.S.C. Chapter 80

Contents

(a)

(1)

(A)There shall be in the Department of the Treasury a Commissioner of Internal Revenue who shall be appointed by the President, by and with the advice and consent of the Senate. Such appointment shall be made from individuals who, among other qualifications, have a demonstrated ability in management.

(B)The term of the Commissioner of Internal Revenue shall be a 5-year term, beginning with a term to commence on November 13, 1997. Each subsequent term shall begin on the day after the date on which the previous term expires.

(C)Any individual appointed as Commissioner of Internal Revenue during a term as defined in subparagraph (B) shall be appointed for the remainder of that term.

(D)The Commissioner may be removed at the will of the President.

(E)The Commissioner may be appointed to serve more than one term.

(2)The Commissioner shall have such duties and powers as the Secretary may prescribe, including the power to—

(A)administer, manage, conduct, direct, and supervise the execution and application of the internal revenue laws or related statutes and tax conventions to which the United States is a party; and

(B)recommend to the President a candidate for appointment as Chief Counsel for the Internal Revenue Service when a vacancy occurs, and recommend to the President the removal of such Chief Counsel.

If the Secretary determines not to delegate a power specified in subparagraph (A) or (B), such determination may not take effect until 30 days after the Secretary notifies the Committees on Ways and Means, Government Reform and Oversight, and Appropriations of the House of Representatives and the Committees on Finance, Governmental Affairs, and Appropriations of the Senate.

(3)In discharging his duties, the Commissioner shall ensure that employees of the Internal Revenue Service are familiar with and act in accord with taxpayer rights as afforded by other provisions of this title, including—

(A)the right to be informed,

(B)the right to quality service,

(C)the right to pay no more than the correct amount of tax,

(D)the right to challenge the position of the Internal Revenue Service and be heard,

(E)the right to appeal a decision of the Internal Revenue Service in an independent forum,

(F)the right to finality,

(G)the right to privacy,

(H)the right to confidentiality,

(I)the right to retain representation, and

(J)the right to a fair and just tax system.

(4)The Commissioner shall consult with the Oversight Board on all matters set forth in paragraphs (2) and (3) (other than paragraph (3)(A)) of section 7802(d).

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 27

Show every defined term

amount loaned
means the amount received by the borrower.
applicable period
means the period—
below-market loan
means any loan if—
continuing care contract
means a written contract between an individual and a qualified continuing care facility under which— The Secretary shall issue guidance which limits such term to contracts which provide only facilities, care, and services described in this paragraph.
deferred payment obligation
includes any market discount bond, short-term obligation, United States savings bond, annuity, or similar obligation.
demand loan
means any loan which is payable in full at any time on the demand of the lender.
expanded affiliated group
means an affiliated group as defined in section 1504(a) but without regard to section 1504(b)(3), except that section 1504(a) shall be applied by substituting “more than 50 percent” for “at least 80 percent” each place it appears.
expatriated entity
means—
fishing rights-related activity
means, with respect to an Indian tribe, any activity directly related to harvesting, processing, or transporting fish harvested in the exercise of a recognized fishing right of such tribe or to selling such fish but only if substantially all of such harvesting was performed by members of such tribe.
foreign related person
means, with respect to any expatriated entity, a foreign person which—
forgone interest
means, with respect to any period during which the loan is outstanding, the excess of—
gift loan
means any below-market loan where the forgoing of interest is in the nature of a gift.
Indian tribe
means any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
information technology
has the meaning given such term by section 11101 of title 40, United States Code.
inversion gain
means the income or gain recognized by reason of the transfer during the applicable period of stock or other properties by an expatriated entity, and any income received or accrued during the applicable period by reason of a license of any property by an expatriated entity— Subparagraph (B) shall not apply to property described in section 1221(a)(1) in the hands of the expatriated entity.
National Taxpayer Advocate
includes any designee of the National Taxpayer Advocate.
net investment income
has the meaning given such term by section 163(d)(4).
net proceeds
has the meaning given such term by section 150(a)(3).
pre-inversion year
means any taxable year if—
qualified continuing care facility
means 1 or more facilities—
qualified Indian entity
means, with respect to an Indian tribe, any entity if— For purposes of clause (iii), equity interests owned by a member (or the spouse of a member) of a qualified Indian tribe shall be treated as owned by the tribe.
qualified Indian lands
means land which is held in trust by the United States for the benefit of an Indian tribe.
recognized fishing rights
means, with respect to an Indian tribe, fishing rights secured as of March 17, 1988, by a treaty between such tribe and the United States or by an Executive order or an Act of Congress.
specified taxpayer
means—
term loan
means any loan which is not a demand loan.
testing period
means, with respect to an issue, each calendar year which begins more than 2 years after the date of issuance of the issue (or, in the case of a refunding obligation, the date of issuance of the original issue).
tribal economic development bond
means any bond issued by an Indian tribal government—