1957-1, 22, is modified to hold that gross income does not include an amount which is not in excess of $5 per day and is designated as a "subsistence allowance" pursuant to a statutory enactment of a State, & Territory or a possession of the United States, by any political subdivision of any of the foregoing, or by the District of Columbia, paid to an individual, who is employed as a police official by such governmental unit, before October 1, 1958, in a taxable year subject to the Internal Revenue Code of 1954. See section 3 of the Technical Amendments Act of 1958, 26 U.S.C. 120, which repealed section 120 of the Code, effective October 1, 1958. Also see section 1.120-1(d) of the regulations. SECTION 215.-ALIMONY, ETC., PAYMENTS 26 CFR 1.215-1: Periodic alimony, etc., payments. Treatment by husband of alimony payments and payment for support of children. See Rev. Rul. 59-93, page 12. SECTION 501.-EXEMPTION FROM TAX ON CORPORATIONS, CERTAIN TRUSTS, ETC. 26 CFR 1.501(a)-1: Exemption from taxation. Status of organizations unable to furnish information required by section 6033 of the Internal Revenue Code of 1954. See Rev. Rul. 59-95, page 95. SECTION 1221.-CAPITAL ASSET DEFINED 26 CFR 1.1221-1: Meaning of terms. Investment land subdivided and sold in trade or business. See Rev. Rul. 59-91, page 10. SECTION 1231.-PROPERTY USED IN THE TRADE OR BUSINESS AND INVOLUNTARY CONVERSIONS 26 CFR 1.1231-1: Gains and losses from the sale or exchange of certain prop erty used in the trade or business. Investment property subdivided and sold in trade or business. See Rev. Rul. 59-91, page 10. SECTION 5723.-PACKAGES, MARKS, LABELS, NOTICES, AND STAMPS 26 CFR 270.146: Mark. Mark on packages of cigars taxpaid by return. See Rev. Proo. 59-7, page 104. 26 CFR 270.191a: Mark. Mark on packages of cigars taxpaid by return. See Rev. Pros. 59-7, page 104. SECTION 6001.-NOTICE OR REGULATIONS REQUIRING RECORDS, STATEMENTS, AND SPECIAL RETURNS 26 CFR 1.6001: Statutory provisions; notice or regulations requiring records, statements, and special returns. T. D. 63641 TITLE 26-INTERNAL REVENUE, 1954.-CHAPTER I, SUBCHAPTER A, PART 1.INCOME TAX; TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1958 Regulations under certain provisions of subtitle F of the Internal Revenue Code of 1954 applicable to taxes imposed by subtitle A of such Code. DEPARTMENT OF THE TREASURY, OFFICE OF COMMISSIONER OF INTERNAL REVENUE, To Officers and Employees of the Internal Revenue Service and Others On September 19, 1958, notice of proposed rulemaking regarding the regulations under certain sections of subtitle F of the Internal Revenue Code of 1954 which relate to certain procedural and administrative requirements in respect of the taxes imposed by subtitle A of such Code was published in the Federal Register (23 F. R. 7295). After consideration of all such relevant matter as was presented by interested persons regarding the rules proposed, the following regulations are hereby adopted. However, the Treasury decision does not contain regulations under section 6851 of the Internal Revenue Code of 1954. Regulations under section 6851 will be the subject of a separate Treasury decision. The regulations hereby adopted are applicable for taxable years beginning after December 31, 1953, and ending after August 16, 1954, except as otherwise specifically provided. Section TABLE OF CONTENTS PROCEDURE AND ADMINISTRATION INFORMATION AND RETURNS 1.6001 Statutory provisions; notice or regulations requiring records, statements, and special returns. 1.6001-1 Records. 1.6011 Statutory provisions; general requirement of return, statement, or list. 1.6011-1 General requirement of return, statement, or list. 1.6012 1.6012-1 Statutory provisions; persons required to make returns of income. 1.6012-2 Corporations required to make returns of income. 1.6012-3 Returns by fiduciaries. 1.6012-4 1.6013 1.6013-1 Miscellaneous returns. Statutory provisions; joint returns of income tax by husband and wife. Joint returns. 1.6013-2 Joint return after filing separate return. The publication of this Treasury Decision in 24 F.R. 1178, dated February 17, 1959, contains (1) instructions for modifying the notice of proposed rulemaking published in 23 F.R. 7295, dated September 19, 1958, and (2) the full context of the regulations with such modifications. As here published, the Treasury Decision reflects the full context of such regulations, with modifications. The individual instructions have been omitted. Section 1.6013-3 Treatment of joint return after death of either spouse. 1.6013-4 Applicable rules. 1.6014 Statutory provisions; income tax return-tax not computed by taxpayer. 1.6014-1 Tax not computed by taxpayer with gross income less than $5,000. 1.6017 Statutory provisions; self-employment tax returns. Self-employment tax returns. 1.6017-1 1.6031 1.6031-1 1.6032 1.6032-1 1.6033 1.6033-1 1.6034 Statutory provisions; return of partnership income. Statutory provisions; returns of banks with respect to common trust Returns of banks with respect to common trust funds. Statutory provisions; returns by exempt organizations. Returns by exempt organizations. Statutory provisions; returns by trusts claiming charitable deductions under section 642 (c). 1.6034-1 Information returns required of certain trusts claiming charitable or other deductions under section 642 (c). 1.6035 Statutory provisions; returns of officers, directors, and shareholders of foreign personal holding companies. 1.6035-1 Returns of officers and directors of foreign personal holding companies for taxable years beginning after December 31, 1958. 1.6035-2 Returns of shareholders of foreign personal holding companies for taxable years beginning after December 31, 1958. 1.6035-3 Returns of officers, directors, and shareholders of foreign personal holding companies for periods within or for taxable years beginning before January 1, 1959. 1.6041 Statutory provisions; information at source. 1.6041-1 Return of information as to payments of $600 or more. 1.6041-2 Return of information as to payments to employees. 1.6041-3 Payments for which no return of information on Forms 1099 and 1096 is required. 1.6041-4 1.6041-5 1.6941-6 1.6042 Returns of information as to foreign items. Information as to actual owner. Time and place for filing Forms 1099 and 1096 and information to be shown on Form 1099. Statutory provisions; returns regarding corporate dividends, earnings, and profits. 1.6042-1 Return of information as to payments of dividends. 1.6043 Statutory provisions; return regarding corporate dissolution or liquidation. 1.60-13-1 Return regarding corporate dissolution or liquidation. 1.6043-2 Return of information respecting distributions in liquidation. 1.6044 Statutory provisions; returns regarding patronage dividends. 1.6044-1 Returns of information as to patronage dividends, rebates, or refunds. 1.6045 Statutory provisions; returns of brokers. 1.6046 Statutory provisions; returns as to formation or reorganization of foreign corporations. 1.6046-1 Returns as to formation or reorganization of foreign corporations. 1.6061 Statutory provisions; signing of returns and other documents. 1.6061-1 Signing of returns and other documents by individuals. 1.6062 Statutory provisions; signing of corporation returns. 1.6062-1 Signing of returns, statements, and other documents made by corporations. 1.6063 Statutory provisions; signing of partnership returns. 1.6063-1 Signing of returns, statements, and other documents made by partnerships. 1.6065 Statutory provisions; verification of returns. 1.6065-1 1.6071 Verification of returns. Statutory provisions; time for filing returns and other documents. 1.6071-1 Time for filing returns and other documents. 1.6072 Statutory provisions; time for filing income tax returns. 1.6072-1 Time for filing returns of individuals, estates, and trusts. 1.6072-2 Time for filing returns of corporations. 497089-59-2 Section 1.6072-3 Income tax due dates postponed in case of China Trade Act corpora tions. 1.6072-4 Time for filing other returns of income. 1.6081 Statutory provisions; extension of time for filing returns. 1.6081-1 Extension of time for filing returns. 1.6081-2 Extensions of time in the case of foreign organizations, certain domestic corporations, certain partnerships, and citizens of United States residing or traveling abroad. 1.6081-3 Automatic extension of time for filing corporation income tax returns. 1.6091 Statutory provisions; place for filing returns or other documents. Place for filing returns or other documents. 1.6091-1 1.6091-2 Place for filing income tax returns. 1.6091-3 Income tax returns required to be filed with Director, International Operations Division. 1.6091-4 Exceptional cases. 1.6102 Statutory provisions; computations on returns or other documents. 1.6102-1 Computations on returns or other documents. 1.6151 TIME AND PLACE FOR PAYING TAX Statutory provisions; time and place for paying tax shown on returns. 1.6151-1 Time and place for paying tax shown on returns. 1.6152 Statutory provisions; installment payments. 1.6152-1 Installment payments. 1.6161 Statutory provisions; extension of time for paying tax. 1.6161-1 Extension of time for paying tax or deficiency. 1.6162 Statutory provisions; extension of time for payment of tax on gain attributable to liquidation of personal holding companies. 1.6162-1 Extension of time for payment of tax on gain attributable to liquidation of personal holding companies. 1.6164 Statutory provisions; extension of time for payment of taxes by cor porations expecting carrybacks. 1.6164-1 Extensions of time for payment of taxes by corporations expecting carry backs. 1.6164-2 Amount of tax the time for payment of which may be extended. 1.6164-3 Computation of the amount of reduction of the tax previously deter mined. 1.6164-4 Payment of remainder of tax where extension relates to only part of the tax. 1.6411 TENTATIVE CARRYBACK ADJUSTMENTS Statutory provisions; tentative carryback adjustments. 1.6411-1 Tentative carryback adjustments. 1.6411-2 Computation of tentative carry back adjustment. 1.6411-3 Allowance of adjustments. 1.6411-4 Consolidated returns. MISCELLANEOUS PROVISIONS 1.9100-1 Extension of time for making certain elections. AUTHORITY: 88 1.6001 to 1.9100-1, incl., issued under sec. 7805, I.R.O. 1954; 68A Stat. 917; 26 U.S.C. 7805. PROCEDURE AND ADMINISTRATION INFORMATION AND RETURNS § 1.6001 STATUTORY PROVISIONS; NOTICE OR REGULATIONS REQUIRING RECORDS, STATEMENTS, AND SPECIAL RETURNS. SEC. 6001. NOTICE OR REGULATIONS REQUIRING RECORDS, STATEMENTS, AND SPECIAL RETURNS. Every person liable for any tax imposed by this title, or for the collection thereof, shall keep such records, render such statements, make such returns, and comply with such rules and regulations as the Secretary or his delegate may from time to time prescribe. Whenever in the judgment of the Secretary or his delegate it is necessary, he may require any person, by notice served upon such person or by regulations, to make such returns, render such statements, or keep such records, as the Secretary or his delegate deems sufficient to show whether or not such person is liable for tax under this title. § 1.6001-1 RECORDS.-(a) In general.-Except as provided in paragraph (b) of this section, any person subject to tax under subtitle A of the Internal Revenue Code of 1954, or any person required to file a return of information with respect to income, shall keep such permanent books of account or records, including inventories, as are sufficient to establish the amount of gross income, deductions, credits, or other matters required to be shown by such person in any return of such tax or information. (b) Farmers and wage-earners.-Individuals deriving gross income from the business of farming, and individuals whose gross income includes salaries, wages, or similar compensation for personal services rendered, are required with respect to such income to keep such records as will enable the district director to determine the correct amount of income subject to the tax. It is not necessary, however, that with respect to such income individuals keep the books of account or records required by paragraph (a) of this section. For rules with respect to the records to be kept in substantiation of traveling and other business expenses of employees, see § 1.162–17. (c) Exempt organizations.—In addition to such permanent books and records as are required by paragraph (a) of this section with respect to the tax imposed by section 511 on unrelated business income of certain exempt organizations, every organization exempt from tax under section 501 (a) but required by section 6033 to file an annual return shall keep such permanent books of account or records, including inventories, as are sufficient to show specifically the items of gross income, receipts, and disbursements, and such other information as is required by section 6033. See section 6033 and § 1.6033-1. (d) Notice by district director requiring returns, statements, or the keeping of records. The district director may require any person, by notice served upon him, to make such returns, render such statements, or keep such specific records as will enable the district director to determine whether or not such person is liable for tax under subtitle A of the Code. (e) Retention of records.-The books or records required by this section shall be kept at all times available for inspection by authorized internal revenue officers or employees, and shall be retained so |