Consistent with the foregoing discussion, Treasury and the IRS should adopt appropriate,
administrable scope limitations to lessen the excessive compliance burden that the Documentation Requirements impose on taxpayers.
As Greenawalt applies these principles, certain government defenses to establishment claims prove judicially unworkable (at least anecdotally)--either because they would make a rule more difficult to administer or because they are based on values that themselves do not easily translate into a judicially
administrable standard.
The legislation also would make minor technical corrections and administrative changes, resulting in a provision that is fairer and more
administrable.
"During his government service, Eric was a true believer not only in sound policy,
administrable rules, and taxpayer service, but in collaborative tax administration.
Technical Advice Memorandum 200437030 discusses the question of
administrable impracticality in an evaluation of how gift certificates should be treated.
TEI fully supports the Department of Finance's efforts to strengthen the integrity of the tax system while ensuring that amendments to the Act are targeted, sustainable, and
administrable. We regret, however, that, despite the incorporation of many helpful changes since 2000, the proposed legislation remains overbroad, extraordinarily complex, and confusing.
The Service does not believe the tracing approach is
administrable, but nevertheless finalized the temporary regulations, as they were set to expire on March 7, 2005.
We are pleased the government accepted our recommendation to develop a more
administrable solution.
In Notice 2000-20, (19) however, the IRS announced that the proposed regulations are being reviewed "to determine if such regulations are
administrable and provide rules that call for the appropriate recognition of foreign currency gain or loss...." The current proposed regulations do not cover some key issues and can be administratively burdensome.