[4830-01-u]
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 301
[TD 8681]
RIN 1545-AT22
Time for Performance of Acts Where Last Day Falls on Saturday,
Sunday, or Legal Holiday
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Final regulations.
SUMMARY: This document contains final regulations relating to
the time for performance of acts by taxpayers and by the
Commissioner, a district director, or the director of a regional
service center, when the last day for performance falls on a
Saturday, Sunday, or legal holiday. In particular, these
regulations replace the list of legal holidays with a citation to
the District of Columbia law that is the source of the list.
EFFECTIVE DATE: These regulations are effective Wednesday,
August 14, 1996.
FOR FURTHER INFORMATION CONTACT: Judith A. Lintz (202) 622-6232
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
On September 25, 1995, the IRS published in the Federal
Register (60 FR 49356) a notice of proposed rulemaking (IA-36-91
[1995-2 C.B. 470]) relating to the time for performance of acts
when the last day for performance falls on a Saturday, Sunday, or
legal holiday. When the last day for performance of an act by a
taxpayer or an employee or administrator of the IRS falls on a
Saturday, Sunday, or legal holiday, section 7503 of the Internal
Revenue Code (Code) extends the time for performing the act.
Under the extension, the act must be performed by the next day
that is not a Saturday, Sunday, or legal holiday. The current
regulations explain and supplement section 7503. This document
contains final regulations that simplify and update the current
regulations. In particular, the final regulations replace the
list of holidays, which are determined by reference to the law in
the District of Columbia, with a citation to that law.
The IRS received oral and written comments on the notice of
proposed rulemaking. No public hearing was held or requested.
After consideration of the comments, which are addressed below,
the proposed regulations under section 7503 are adopted as
published in the notice.
Explanation of Provisions and Summary of Comments
In response to the notice of proposed rulemaking for the
regulations under section 7503, three categories of comments were
received. First, there was some concern that replacing the list
of legal holidays with a citation to the law in the District of
Columbia would mean the list of holidays would no longer be
accessible. It was suggested that the IRS annually publish the
holidays by announcement or some other method. The final
regulations do not retain the list of holidays because such a
list requires regulatory revision whenever a change in the law
occurs with respect to the holidays. However, a tax calendar
that lists the legal holidays is annually made available through
IRS Publication 509. This free publication can be obtained by
calling the toll free telephone number 1-800-TAX-FORM (1-800-829-
3676), or by contacting an IRS Forms Distribution Center.
Second, it was requested that the IRS address the impact of
a federal government shutdown on the time for performance of acts
when the last day for performance is a day when the government is
closed. Section 7503 of the Code is limited to extending the
time for performance of acts when the last day for performance
falls on a Saturday, Sunday, or legal holiday. Therefore, the
regulations for section 7503 are not appropriate for clarifying
the effect of a federal government shutdown on the time allowed
for performance of an act.
Third and last, it was requested that the regulations
outline the kinds of acts to which the extension of time provided
under section 7503 applies. The final regulations do not include
this information. The purpose of the current regulatory project
is to replace the list of holidays and revise other outdated
material in the regulations. Outlining the kinds of acts to
which section 7503 applies is not within the scope of the current
project.
Special Analyses
It has been determined that this Treasury decision is not a
significant regulatory action as defined in EO 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) and the Regulatory Flexibility Act (5
U.S.C. chapter 6) do not apply to these regulations, and,
therefore, a Regulatory Flexibility Analysis is not required.
Pursuant to section 7805(f) of the Internal Revenue Code, the
notice of proposed rulemaking preceding these regulations was
submitted to the Chief Counsel for Advocacy of the Small Business
Administration for comment on its impact on small business.
Drafting Information
The principal author of these regulations is Judith A.
Lintz, Office of Assistant Chief Counsel (Income Tax &
Accounting), Internal Revenue Service. However, other personnel
from the IRS and Treasury Department participated in their
development.
List of Subjects in 26 CFR Part 301
Employment taxes, Estate taxes, Excise taxes, Gift taxes,
Income taxes, Penalties, Reporting and recordkeeping
requirements.
Adoption of Amendments to the Regulations
Accordingly, 26 CFR part 301 is amended as follows:
PART 301--PROCEDURE AND ADMINISTRATION
Paragraph 1. The authority citation for part 301 continues
to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 301.7503-1 is amended as follows:
1. In the fourth sentence of paragraph (a), the language
"Thursday, November 22, 1956 (Thanksgiving Day), the suit will be
timely if filed on Friday, November 23, 1956, in the Court of
Claims" is removed and the language "Thursday, November 23, 1995
(Thanksgiving Day), the suit will be timely if filed on Friday,
November 24, 1995, in the Court of Federal Claims" is added in
its place.
2. Paragraph (b) is revised as set forth below.
3. Paragraph (c) is removed.
The revision reads as follows:
301.7503-1 Time for performance of acts where last day falls on
Saturday, Sunday, or legal holiday.
* * * * *
(b) Legal holidays. For the purpose of section 7503, the
term legal holiday includes the legal holidays in the District of
Columbia as found in D.C. Code Ann. 28-2701. In the case of any
return, statement, or other document required to be filed, or any
other act required under the authority of the internal revenue
laws to be performed, at an office of the Internal Revenue
Service, or any other office or agency of the United States,
located outside the District of Columbia but within an internal
revenue district, the term legal holiday includes, in addition to
the legal holidays in the District of Columbia, any statewide
legal holiday of the state where the act is required to be
performed. If the act is performed in accordance with law at an
office of the Internal Revenue Service or any other office or
agency of the United States located in a territory or possession
of the United States, the term legal holiday includes, in
addition to the legal holidays in the District of Columbia, any
legal holiday that is recognized throughout the territory or
possession in which the office is located.
Commissioner of Internal Revenue
Margaret Milner Richardson
Approved:
June 20, 1996
Acting Assistant Secretary of the Treasury
Donald C. Lubick