$ 401.607

(b) Subject to any provision of a ruling,

may request a reconsideration of a ruling issued by the Office of the Chief Counsel (Stabilization Division) after March 31, 1972, in the manner set forth in this subpart. A person is, for the purposes of paragraph (b) of this section, subject to such a provision only if the ruling was issued to him, the action is adverse to him, and he has a substantial pecuniary interest. A principal referred to in paragraph (b) of § 401.502 may not make a request for reconsideration pursuant to the provisions of this subpart with respect to the subject matter of the notice of violation served on him. Any request for reconsideration not otherwise in accordance with this subpart, may be rejected by the office of the chief counsel (Stabilization Division). [37 F.R. 17377, Aug. 26, 1972]

§ 401.607 Time and place for filing request for reconsideration.

Any request for reconsideration referred to in § 401.606 shall be filed within 30 days of the service of the ruling referred to in such section with the Office of the Chief Counsel for the Internal Revenue Service, Attention: Chief, Appeals and Review Branch, Stabilization Division, CC:S:A, 2025 M Street NW., Washington, DC 20226.

[37 F.R. 19619, Sept. 21, 1972] § 401.608

Contents of the request. Every request for reconsideration shall set forth:

(a) The name, address, and identifying number of the person seeking the reconsideration,

(b) A copy of the ruling,

(c) A clear and concise statement of all objections raised by the person seeking the reconsideration against the provision or provisions objected to, and

(d) Whether or not a conference is desired.

The person seeking the reconsideration must also include with his request a statement of his views as to the affect of economic stabilization regulations and guidelines upon the subject act or transaction and furnish a statement of relevant authorities to support such views. [37 F.R. 6655, Apr. 1, 1972]

§ 401.609 Action by Office of the Chief Counsel on reconsideration.

The Office of the Chief Counsel (Stabilization Division) shall process and de

era

whole or in part. If an appeal is filed without the seeking of a reconsideration, the right to such reconsideration is forfeited. A copy of an appeal shall in all cases be sent to the Office of the Chief Counsel for the Internal Revenue Service, Attention: Chief, Appeals and Review Branch, Stabilization Division,

CC:S:A, 2025 M Street NW., Washington, DC 20226.

137 F.R. 19619, Sept. 21, 1972]

Subpart H-Appearance
Requirements 1

401.701 Rules governing authority to
practice; who may appear.

A person may appear on his own behalf or may be represenetd by any natural person, age 21 years or older, whom he has designated to represent him, except that such designated person may not be under disbarment or suspension from practice before the Internal Revenue Service. Such designation shall be made on Form S-68, Power of Attorney, and signed by the person legally authorized to so designate and shall be filed with the appropriate office of the Internal Revenue Service, including the Office of Chief Counsel, before which the appearance is to be made.

37 F.R. 11669, June 10, 1972] $401.702 Disciplinary actions.

Persons appearing before the Internal Revenue Service, including the Office of Chief Counsel, on economic stabilization matters will be subject to such rules the regarding standards of conduct as the Secretary of the Treasury shall prescribe. The Secretary may after due notice and opportunity for hearing suspend or disbar any person from further appearance before the Service on economic stabilization matters for disreputable conduct as defined in Treasury Department Circular No. 230 (31 CFR Part 10). [37 F.R. 11669, June 10, 1972]

Subpart 1-Rules and Regulations § 401.801 Rules and regulations.

(a) Formulation. Internal Revenue Service rules relating to economic stabilization matters take various forms. The most important rules are issued as regulations prescribed by the Commissioner. Other rules may be issued over the signature of the Commissioner or the sig

137 F.R. 11669, June 10, 1972.

nature of any other official to whom authority has been delegated. Regulations are prepared in the Office of the Chief Counsel. After approval by the Chief Counsel and the Commissioner, the regulations are published in the FEDERAL REGISTER.

(b) Publication of rules and regulations. All Internal Revenue Services regulations relating to economic stabilization matters are published in the FEDERAL REGISTER and in the Code of Federal Regulations. The FEDERAL REGISTER is also the authoritative instrument of the Internal Revenue Service for the announcement of official rulings, decisions, opinions, and procedures, and for the publication of other items pertaining to economic stabilization matters. It is the policy with respect to economic stabilization matters to have published in the FEDERAL REGISTER all substantive and procedural rulings of importance or general interest, the publication of which is considered necessary to promote a uniform application of economic stabilization regulations and guidelines. It is also the policy to have published in the FEDERAL REGISTER all rulings which revoke, modify, amend, or affect any published ruling. Rules relating solely to matters of internal practices and procedures are not published; however, statements of Internal Revenue Service practices and procedures affecting rights or duties of citizens or industry regulation, which appear in internal documents, are published in the FEDERAL REGISTER.

or

§ 401.904 Adoption, amendment, modification of rulings proposed for publication.

In the case a ruling proposed for publication which is adopted (as proposed, amended, or modified) by the Cost of Living Council, Pay Board, or Price Commission, the Council, Board, or Commission shall transmit such ruling to the Office of the Chief Counsel for publication in the FEDERAL REGISTER, as a Cost of Living Council Ruling, Pay Board Ruling, or Price Commission Ruling, as appropriate.

Subpart K-Inspection of Internal Revenue Economic Stabilization Records

§ 401.1001 Inspection of Internal Revenue Service stabilization records by Department of the Treasury and Department of Justice.

(a) In general. Pursuant to the provisions of section 205 of the Economic Stabilization Act of 1970 (Public Law 91-379, 84 Stat. 799), as amended by the Economic Stabilization Act Amendment of 1971 (Public Law 92-210, 85 Stat. 747), officers and employees of the Department of the Treasury (including the Internal Revenue Service and the Office of the Chief Counsel for the Internal Revenue Service) and the Department of Justice whose official duties require inspection of returns made in respect of any tax described in paragraph (a) (2) of § 301.6103(a)-1 of 26 CFR Part 301, or include the administration or enforcement of the provisions of the Economic Stabilization Act of 1970, as amended, may inspect the stabilization records of the Internal Revenue Service without making written application therefor. If the head of a bureau or office in the Department of the Treasury (not a part of the Internal Revenue Service or the Office of Chief Counsel for the Internal Revenue Service), or the Department of Justice, desires to inspect, or to have an employee of his bureau or office inspect, any such records in connection with

some matter officially before him for re sons other than tax administration pu poses or the administration or enforc ment of the provisions of the Econom Stabilization Act of 1970, as amende the inspection may, in the discretion the Secretary of the Treasury or th Commissioner of Internal Revenue or th delegate of either, be permitted upc written application by the head of th bureau or office desiring the inspection The application shall be made to th Commissioner of Internal Revenu Washington, D.C. 20224, and shall sho the name and address of the perso about whom records are to be inspecte and the reason why inspection is desired The information obtained from inspec tion pursuant to this paragraph may b used as evidence in any proceeding, con I ducted by or before any department o establishment of the United States, or t which the United States is a party.

(b) Definitions of terms—(1) Stabili zation records. For purposes of this sec tion, the term "stabilization records includes

S

(i) All schedules, lists, written state-ser ments, or other written documents filed by or on behalf of any person with the Internal Revenue Service, and

(ii) All other reports, information received orally or in writing, factual data, documents, papers, abstracts, memoranda, or evidence taken, or any portion thereof, relating to any person and held dny by the Internal Revenue Service,

to the extent any such item is with respect to the administration or enforcement of any provision of the Economic Stabilization Act of 1970, as amended, and is not part of a return (as defined in § 301.6103 (a)−1(a) (3) (i) of 26 CFR Part 301).

rec S

[37 F.R. 3741, Feb. 19, 1972] Subpart L-Issuance of Subpenas and

Administration of Oaths

AUTHORITY: The provisions of this Subpart L issued under sec. 206 of the Economic Stabilization Act of 1970, as amended (85 Stat. 747), Exectuive Order No. 11640 (37 F.R. 1213, Jan. 27, 1972), Cost of Living Council Order No. 8 (37 F.R. 2727, Feb. 4, 1972), Price Commission Order No. 2 (37 F.R. 3212, Feb. 12, 1972), Pay Board Order No. 4

e

pap

(37 F.R. 3792, Feb. 19, 1972), Treasury Department Order No. 150-77 (37 F.R. 5513, Mar. 16, 1972), and Internal Revenue Service Order No. 123 (37 F.R. 5763, Mar. 21, 1972).

SOURCE: The provisions of this Subpart L appear at 37 F.R. 11669, June 10, 1972, unless otherwise noted. § 401.1011

Authority to issue subpenas.

(a) In general. For the purpose of determining whether there has been compliance with the provisions of the Economic Stabilization Act of 1970 (Public Law 91-379, 84 Stat. 799), as amended, any authorized officer or employee of the Internal Revenue Service may examine any books, papers, records, or other data of any person described in paragraph (b) (1), (2), (3), or (4) of this section which may be relevant or material to such inquiry and take from such person, under oath, testimony which may be relevant or material to such inquiry.

(b) Subpenas. For the purpose described in paragraph (a) of this section, the officers and employees of the Internal Revenue Service designated in paragraph (c) of this section, are authorized to

summon

(1) Any person or persons chargeable with compliance with the President's Economic Stabilization Program;

(2) Any officer or employee of such a person;

(3) Any person having possession, custody, or care of books of account, papers, records, or other data relating to the business or affairs of such a person;

or

(4) Any other person deemed proper, including (but not limited to) officials and employees of any employee's union (or its bargaining agent) or of any professional or trade association,

to appear before a designated officer or employee of the Internal Revenue Service at a time and place named in the subpena and to produce such books, records, papers, or other data, and to give such testimony, under oath, as may be relevant or material to such inquiry. The officers and employees designated in paragraph (c) of this section may designate any other employee of the Internal Revenue Service as the individual before whom a person subpenaed, pursuant to section 206 of the Act, shall appear. Any such other employee, when so designated in a subpena, is authorized to take under oath the testimony of the person subpenaed and to receive and examine

books, papers, records, and other data produced in compliance with a subpena.

(c) Persons who may issue subpenas. The following officers and employees of the Internal Revenue Service, referred to in paragraph (b) of this section, are authorized to issue subpenas

(1) Assistant Commissioner (Stabilization),

(2) Regional Commissioners,

(3) Assistant Regional Commissioners (Appellate),

(4) Assistant Regional Commissioners (Stabilization),

(5) Regional Inspectors,

(6) District Directors, and

(7) Director of International Operations.

The authority to issue subpenas may be redelegated only by such officers and employees and may not be redelegated by those persons to whom such officers and employees redelegate.

§ 401.1012 Service of subpenas.

A subpena issued pursuant to § 401.1011 may be served by any authorized officer or employee of the Internal Revenue Service. Service may be made upon a natural person by personal delivery to the subpenaed person of an attested copy of such subpena or by leaving an attested copy of such subpena at his usual place of abode with some person of suitable age and discretion residing therein. Service may be made upon a domestic or foreign corporation or upon a partnership or unincorporated association which is subject to suit under a common name by personal delivery of an attested copy of the subpena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The certificate of service signed by the person serving the subpena shall be evidence of the facts it states on the hearing of an application for the enforcement of the subpena. When the subpena requires the production of books, papers, records, or other data, it shall be sufficient if such books, papers, records, or other data are de· scribed with reasonable certainty. § 401.1013 Appearance of the person subpenaed.

The time and place of examination stated in a subpena issued pursuant to § 401.1011 shall be such as are reasonable under the circumstances. However, the date fixed for the appearance of the person subpenaed and the production of any