[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Rules and Regulations]
[Page 704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-200]



[[Page 704]]

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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1 and 602

[TD 9174]
RIN 1545-BD75


Substantial Understatement of Income Tax Liability

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final regulations.

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SUMMARY: This document removes regulations relating to the addition to 
tax in the case of a substantial understatement of income tax liability 
and corrects an obsolete cross reference. The Internal Revenue Code 
(Code) provision imposing the addition to tax and cited in the cross 
reference was repealed in 1989. The changes made by this document will 
not affect taxpayers because the addition to tax does not apply to 
returns with a due date after December 31, 1989 (determined without 
regard to extensions).

DATES: The changes made by this document are effective January 5, 2005.

FOR FURTHER INFORMATION CONTACT: Audra M. Dineen, (202) 622-4940 (not a 
toll-free number).

SUPPLEMENTARY INFORMATION:

Background and Explanation of Provisions

    Section 6661 of the Code, as in effect before its repeal in 1989, 
imposed an addition to tax equal to 25 percent of the amount of the 
underpayment of tax attributable to any substantial understatement of 
income tax liability for a taxable year. Sections 1.6661-1 through 
1.6661-6 of the Income Tax Regulations (26 CFR part 1) provided rules 
for determining whether an addition to tax should be imposed and for 
computing the amount of any such addition.
    The Omnibus Budget Reconciliation Act of 1989, Public Law 101-239 
(103 Stat. 2106), repealed section 6661 effective for tax returns due 
after December 31, 1989 (determined without regard to extensions) and 
substituted, in section 6662, an accuracy-related penalty applicable to 
those returns. The repeal of section 6661 has rendered Sec. Sec.  
1.6661-1 through 1.6661-6 obsolete. This Treasury decision removes 
those provisions and corrects an obsolete cross reference to section 
6661 in the regulations under section 448 (relating to the limitation 
on the use of the cash method of accounting).

Special Analyses

    It has been determined that this Treasury decision is not a 
significant regulatory action as defined in Executive Order 12866. 
Therefore, a regulatory assessment is not required. It also has been 
determined that section 553(b) of the Administrative Procedure Act (5 
U.S.C. chapter 5) does not apply to these regulations. In addition, 
because these regulations do not impose a collection of information on 
small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) 
does not apply. Pursuant to section 7805(f) of the Code, this document 
has been submitted to the Small Business Administration for comment on 
its impact on small business.

Drafting Information

    The principal author of this document is Audra M. Dineen of the 
Office of Associate Chief Counsel, Procedure and Administration 
(Administrative Provisions and Judicial Practice Division).

List of Subjects

26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

26 CFR Part 602

    Reporting and recordkeeping requirements.

Adoption of Amendments to the Regulations

0
Accordingly, 26 CFR parts 1 and 602 are amended as follows:

PART 1--INCOME TAXES

0
Paragraph 1. The authority citation for part 1 continues to read, in 
part, as follows:

    Authority: 26 U.S.C. 7805 * * *

0
Par. 2. In Sec.  1.448-1T, paragraph (b)(1)(iii) is revised to read as 
follows:


Sec.  1.448-1T  Limitation on the use of the cash receipts and 
disbursements method of accounting (temporary).

* * * * *
    (b) * * *
    (1) * * *
    (iii) Tax shelter within the meaning of section 6662(d)(2)(C).
* * * * *


Sec. Sec.  1.6661-1 through 1.6661-6  [Removed]

0
Par. 3. Sections 1.6661-1 through 1.6661-6 are removed.

PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT

0
Par. 4. The authority citation for part 602 continues to read as 
follows:

    Authority: 26 U.S.C. 7805.

0
Par. 5. In Sec.  602.101, paragraph (b) is amended by removing the 
entries for ``1.6661-3'' and ``1.6661-4'' from the table.

    Approved: December 9, 2004.
Mark Matthews,
Deputy Commissioner for Services and Enforcement.
Gregory Jenner,
Acting Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. 05-200 Filed 1-4-05; 8:45 am]
BILLING CODE 4830-01-P