Part 40 Excise Tax Procedural Regulations
Part 41 Excise Tax On Use of Certain Highway Motor Vehicles
Part 43 Excise Tax On Transportation by Water
Part 44 Taxes On Wagering; Effective January 1, 1955
Part 46 Excise Tax On Certain Insurance Policies, Self-Insured Health Plans, and Obligations Not in Registered Form
Part 48 Manufacturers and Retailers Excise Taxes
Part 49 Facilities and Services Excise Taxes
Part 50 Regulations Relating to the Tax Imposed With Respect to Certain Hydraulic Mining
Part 51 Branded Prescription Drug Fee
Part 52 Environmental Taxes
Part 53 Foundation and Similar Excise Taxes
Part 54 Pension Excise Taxes
Part 55 Excise Tax On Real Estate Investment Trusts and Regulated Investment Companies
Part 56 Public Charity Excise Taxes
Part 57 Health Insurance Providers Fee
Part 141 Temporary Excise Tax Regulations Under the Employee Retirement Income Security Act of 1974
Part 143 Temporary Excise Tax Regulations Under the Tax Reform Act of 1969
Part 145 Temporary Excise Tax Regulations Under the Highway Revenue Act of 1982 (Pub. L. 97-424)
Part 156 Excise Tax On Greenmail
Part 157 Excise Tax On Structured Settlement Factoring Transactions

Terms Used In CFR > Title 25 > Chapter VII > Subchapter D - Miscellaneous Excise Taxes

  • Act: means the Social Security Act, as amended. See 20 CFR 411.115
  • Act: means the Social Security Act as amended (42 U. See 20 CFR 416.120
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjusted LFQ: means the LFQ adjusted to reflect the estimated cost of transportation between an average U. See 7 CFR 1427.1202
  • Administrator: means the Administrator of the National Highway Traffic Safety Administration (NHTSA), U. See 47 CFR 400.2
  • Administrator: means the Administrator of the Agricultural Marketing Service. See 7 CFR 52.2
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agencies: The term Agencies means--

    (1) The Centers for Medicare and Medicaid Services of the Department of Health and Human Services (CMS). See 26 CFR 51.2

  • aid or assistance: means aid or assistance as defined in titles I, X, XIV, and XVI of the Social Security Act, as in effect in December 1973, and such aid or assistance is eligible for Federal financial participation in accordance with those titles and the provisions of 45 CFR chapter II as in effect in December 1973. See 20 CFR 416.121
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appeals Council: means the Appeals Council of the Office of Hearings and Appeals in the Social Security Administration or such member or members thereof as may be designated by the Chairman. See 20 CFR 416.120
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means any interested party who requests inspection service under the regulations in this part. See 7 CFR 52.2
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessments: Handlers shall pay assessments as provided in §966. See 7 CFR 966.323
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assignment: means our selection of the coal operator or related person to be charged with the responsibility of paying the annual health and death benefit premiums of certain coal miners and their eligible family members. See 20 CFR 422.602
  • Assistant Secretary: means the Assistant Secretary for Communications and Information, U. See 47 CFR 400.2
  • assumption reinsurance: means reinsurance for which there is a novation and the reinsurer takes over the entire risk of loss pursuant to a new contract. See 26 CFR 57.2
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • branded prescription drug sales: means sales of branded prescription drugs to any government program or pursuant to coverage under any such government program. See 26 CFR 51.2
  • Case: means the number of containers (cased or uncased) which, by the particular industry are ordinarily packed in a shipping container. See 7 CFR 52.2
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Certificate of sampling: means a statement, either written or printed issued pursuant to the regulations in this part, identifying officially drawn samples and may include a description of condition of containers and the condition under which the processed product is stored. See 7 CFR 52.2
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Class: See "Grade. See 7 CFR 52.2
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commissioner: means the Commissioner of Social Security. See 20 CFR 411.115
  • Commissioner: means the Commissioner of Social Security. See 20 CFR 416.120
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Condition: means the degree of soundness of the product which may affect its merchantability and includes, but is not limited to those factors which are subject to change as a result of age, improper preparation and processing, improper packaging, improper storage or improper handling. See 7 CFR 52.2
  • Consumption: means the use of eligible ELS cotton by a domestic user in the manufacture in the United States of cotton products. See 7 CFR 1427.1202
  • Containers: (i) All tomatoes packed by a registered handler shall be packed in containers of 10, 20, and 25 pounds designated net weights. See 7 CFR 966.323
  • Contemplation of death: The expectation of death that provides the primary motive to make a gift.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • controlled group: means a group of two or more persons, including at least one person that is a covered entity, that is treated as a single employer under section 52(a), 52(b), 414(m), or 414(o). See 26 CFR 51.2
  • controlled group: means a group of two or more persons, including at least one person that is a covered entity, that is treated as a single employer under section 52(a), 52(b), 414(m), or 414(o). See 26 CFR 57.2
  • Conviction: A judgement of guilt against a criminal defendant.
  • corporation: includes associations, joint-stock companies, and insurance companies. See 26 CFR 36.3121(l)(1)-1
  • Cost reimbursement payment system: means the provisions for payment for vocational rehabilitation services under subpart V of part 404 and subpart V of part 416 of this chapter. See 20 CFR 411.115
  • Couple: means an eligible individual and his eligible spouse. See 20 CFR 416.120
  • covered entity: means any manufacturer or importer with gross receipts from branded prescription drug sales including--

    (i) A single-person covered entity. See 26 CFR 51.2

  • covered entity: means any entity with net premiums written for health insurance for United States health risks in the fee year if the entity is--

    (i) A health insurance issuer within the meaning of section 9832(b)(2), defined in section 9832(b)(2) as an insurance company, insurance service, or insurance organization that is licensed to engage in the business of insurance in a State and that is subject to State law that regulates insurance (within the meaning of section 514(b)(2) of the Employee Retirement Income Security Act of 1974 (ERISA)). See 26 CFR 57.2

  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • customer: is a person or entity authorized by the Postal Service to use a Postage Evidencing System as an end user in accordance with Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), including 604 Postage Payment Methods and Refunds, 4. See 39 CFR 501.1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • data year: means the calendar year immediately before the fee year. See 26 CFR 57.2
  • Date we notify him or her: means 5 days after the date on the notice, unless the recipient shows us that he or she did not receive it within the 5-day period. See 20 CFR 416.1503
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Definitions: [Immigration and Nationality Act (66 Stat. See 26 CFR 31.3306(c)(18)-1
  • Department: means the United States Department of Agriculture. See 7 CFR 52.2
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • designated entity: means the person within a controlled group that is designated to act for the controlled group regarding the fee by--

    (i) Filing Form 8947, "Report of Branded Prescription Drug Information". See 26 CFR 51.2

  • designated entity: means the person within a controlled group that is designated to act on behalf of the controlled group regarding the fee with respect to--

    (i) Filing Form 8963, "Report of Health Insurance Provider Information". See 26 CFR 57.2

  • Devise: To gift property by will.
  • Disabled beneficiary: means a title II disability beneficiary or a title XVI disability beneficiary. See 20 CFR 411.115
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • domestic: when applied to a corporation * * * means created or organized in the United States or under the law of the United States or of any State or Territory. See 26 CFR 36.3121(l)(1)-1
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible individual: means an aged, blind, or disabled individual who meets all the requirements for eligibility for benefits under the supplemental security income program. See 20 CFR 416.120
  • Eligible non-attorney: means a non-attorney representative who we determine is qualified to receive direct payment of his or her fee under §416. See 20 CFR 416.1503
  • Eligible spouse: means an aged, blind, or disabled individual who is the husband or wife of another aged, blind, or disabled individual and who is living with that individual (see §416. See 20 CFR 416.120
  • ELS: means Extra Long Staple. See 7 CFR 1427.1202
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency call: refers to any real-time communication with a public safety answering point or other emergency management or response agency, including--

    (1) Through voice, text, or video and related data. See 47 CFR 400.2

  • Employment plan: means an individual work plan described in paragraph (i) of this section, or an individualized plan for employment described in paragraph (j) of this section. See 20 CFR 411.115
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: means any business, firm, or other association, including but not limited to partnerships, corporations, for-profit organizations, and not-for-profit organizations. See 20 CFR 416.1503
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Evidence of a prima facie case of error: means documentary evidence, records, and written statements submitted to us by the assigned operator (or related person) that, standing alone, shows our assignment was in error. See 20 CFR 422.602
  • Example: The following example illustrates the rule of paragraph (e)(5)(i) of this section:

    (A) Facts. See 26 CFR 51.2

  • Examples: The following examples illustrate the rules of this paragraph (k):

    Example 1: Allowance of section 45C credit and later FDA marketing approval of drug for an indication other than the treatment of a rare disease or condition. See 26 CFR 51.2
  • Exclusions: The term health insurance does not include--

    (i) Coverage only for accident, or disability income insurance, or any combination thereof, within the meaning of section 9832(c)(1)(A). See 26 CFR 57.2

  • Executor: A male person named in a will to carry out the decedent
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal agency: refers to any authority of the Executive branch of the Government of the United States. See 20 CFR 416.1503
  • Federal program: refers to any program established by an Act of Congress or administered in whole or in part by a Federal agency. See 20 CFR 416.1503
  • Federal SSI cash benefits: means a "Supplemental Security Income benefit under title XVI" based on blindness or disability as described in paragraphs (n) and (r) of this section. See 20 CFR 411.115
  • fee: means the fee imposed by section 9010 on each covered entity engaged in the business of providing health insurance. See 26 CFR 57.2
  • fee year: means the calendar year in which the fee for a particular sales year must be paid to the government. See 26 CFR 51.2
  • fee year: means the calendar year in which the fee must be paid to the government. See 26 CFR 57.2
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • foreign: when applied to a corporation * * * means a corporation * * * which is not domestic. See 26 CFR 36.3121(l)(1)-1
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Form 1310: An IRS form submitted to claim a tax refund owed to a deceased taxpayer.
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General: In the case of a child (as defined in §416. See 20 CFR 416.1202
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Government programs: The term government programs (collectively "Programs"), means--

    (1) The Medicare Part B program. See 26 CFR 51.2

  • Governmental entity: The term covered entity does not include any governmental entity. See 26 CFR 57.2
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grade: Tomatoes shall be graded and meet the requirements specified for U. See 7 CFR 966.323
  • Grantor: The person who establishes a trust and places property into it.
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • health insurance: includes limited scope dental and vision benefits under section 9832(c)(2)(A) and retiree-only health insurance. See 26 CFR 57.2
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • ICO: means the 911 Implementation Coordination Office established under 47 U. See 47 CFR 400.2
  • In general: (1) Any domestic corporation having one or more foreign subsidiaries may request the Internal Revenue Service to enter into an agreement for the purpose of extending the Federal old-age, survivors, and disability insurance system established by title II of the Social Security Act to certain services performed outside the United States by all citizens of the United States who are employees of any such foreign subsidiary. See 26 CFR 36.3121(l)(1)-1
  • Income: means the receipt by an individual of any property or service which he can apply, either directly or by sale or conversion, to meeting his basic needs (see subpart K of this part). See 20 CFR 416.120
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • indemnity reinsurance: means an agreement between one or more reinsuring companies and a covered entity under which--

    (A) The reinsuring company agrees to accept, and to indemnify the issuing company for, all or part of the risk of loss under policies specified in the agreement. See 26 CFR 57.2

  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: refers to an eligible aged, blind, or disabled person, and also includes a person whose resources are deemed to be the resources of such individual (as provided in paragraphs (a) and (b) of this section). See 20 CFR 416.1202
  • Inspection: Tomatoes shall be inspected and certified pursuant to the provisions of §966. See 7 CFR 966.323
  • Inspection certificate: means a statement, either written or printed, issued pursuant to the regulations in this part, setting forth in addition to appropriate descriptive information relative to a processed product, and the container thereof, the quality and condition, or any part thereof, of the product and may include a description of the conditions under which the product is stored. See 7 CFR 52.2
  • Inspection service: (See Inspection service, general below. See 7 CFR 52.2
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Integrated telecommunications services: means one or more elements of the provision of multiple 911 systems' or PSAPs' infrastructure, equipment, or utilities, such as voice, data, image, graphics, and video network, customer premises equipment (such as consoles, hardware, or software), or other utilities, which make common use of all or part of the same transmission facilities, switches, signaling, or control devices (e. See 47 CFR 400.2
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interested party: means any person who has a financial interest in the commodity involved. See 7 CFR 52.2
  • international organization: means a public international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (22 U. See 26 CFR 31.3306(c)(16)-1
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • IPE: means an employment plan under which a State vocational rehabilitation agency provides services to individuals with disabilities (including beneficiaries assigning tickets to it under the Ticket to Work program) under a State plan approved under title I of the Rehabilitation Act of 1973, as amended (29 U. See 20 CFR 411.115
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • IWP: means an employment plan under which an employment network (other than a State vocational rehabilitation agency) provides services to a disabled beneficiary under the Ticket to Work program. See 20 CFR 411.115
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Layover: Informal term for a period of delay required by rule. For example, when a bill or other measure is reported from committee, it may be considered on the floor only after it "lies over" for one legislative day and after the written report has been available for two calendar days. Layover periods may be waived by unanimous consent.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • LFQc: means the preceding Friday through Thursday average of the current shipment prices for the lowest adjusted foreign growth, C/F Far East. See 7 CFR 1427.1202
  • LFQf: means the preceding Friday through Thursday average of the forward shipment prices for the lowest adjusted foreign growth, quoted C/F Far East. See 7 CFR 1427.1202
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed sampler: means any person who is authorized by the Secretary to draw samples of processed products for inspection service, to inspect for identification and condition of containers in a lot, and may, when authorized by the Administrator, perform related services under the act and the regulations in this part. See 7 CFR 52.2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lot: Lot means any number of containers of the same size and type which contain a processed product of the same type and style located in the same warehouse or conveyance, and which is available for inspection service at any time: Provided, that the number of containers comprising lot may not exceed the maximum number specified in the sampling plans in §52. See 7 CFR 52.2
  • Lot inspection: means the inspection and grading of specific lots of processed fruits and vegetables which are located in plant warehouses, commercial storage, railway cars, trucks, or any other conveyance or storage facility. See 7 CFR 52.2
  • manufacturer or importer: means the person identified in the Labeler Code of the National Drug Code (NDC) for a branded prescription drug. See 26 CFR 51.2
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Member bank: means any national bank, State bank, or bank or trust company which is a member of a Reserve bank. See 39 CFR 761.1
  • meter: as used in this part refers to a postage meter. See 39 CFR 501.1
  • Miscellaneous: As used in this part unless otherwise indicated:

    (1) Supplemental security income benefit means the amount to be paid to an eligible individual (or eligible individual and his eligible spouse) under title XVI of the Act. See 20 CFR 416.120

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • NAIC: means the National Association of Insurance Commissioners. See 26 CFR 57.2
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • NDC: means the National Drug Code. See 26 CFR 51.2
  • net premiums written: means premiums written, including reinsurance premiums written, reduced by reinsurance ceded, and reduced by ceding commissions and medical loss ratio (MLR) rebates with respect to the data year. See 26 CFR 57.2
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • orphan drug: means any branded prescription drug for which any person claimed a section 45C credit and that credit was allowed for any taxable year. See 26 CFR 51.2
  • overpayment: means payment of more than the amount due for any period, including any amounts of State supplementary payments which are due and administered by the Social Security Administration. See 20 CFR 416.537
  • Overpayments: As used in this subpart, the term overpayment means payment of more than the amount due for any period, including any amounts of State supplementary payments which are due and administered by the Social Security Administration. See 20 CFR 416.537
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Pandemic period: As used throughout this subpart, the term pandemic period for the purposes of the waiver authority in §416. See 20 CFR 416.537
  • parent: means the natural or adoptive parent of a child, and the term "stepparent" means the spouse (as defined in §416. See 20 CFR 416.1202
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Past-due benefits: means the total amount of payments under title XVI of the Act, the Supplemental Security Income (SSI) program, including any Federally administered State payments, that has accumulated to you and your spouse because of a favorable administrative or judicial determination or decision, up to but not including the month the determination or decision is made. See 20 CFR 416.1503
  • Penalty: The imposition of a penalty pursuant to §416. See 20 CFR 416.537
  • Person: means any individual, partnership, association, business trust, corporation, any organized group of persons (whether incorporated or not), the United States (including, but not limited to, any corporate agencies thereof), any State, county, or municipal government, any common carrier, and any authorized agent of any of the foregoing. See 7 CFR 52.2
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pledge: includes a pledge of, or any other security interest in, Postal Service securities as collateral for loans or advances or to secure deposits of public moneys or the performance of an obligation. See 39 CFR 761.1
  • postage meter: is a USPS-approved Postage Evidencing System that uses a postage security device (PSD) to account for postage purchased and generates evidence of such purchased postage in the form of an indicium, where the PSD is co-located with the printing of the indicium. See 39 CFR 501.1
  • Postal Service security: means any obligation of the Postal Service issued under 39 U. See 39 CFR 761.1
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • prescription drug: means any drug that is subject to section 503(b) of the FFDCA. See 26 CFR 51.2
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Processed product: means any fruit, vegetable, or other food product covered under the regulations in this part which has been preserved by any recognized commercial process, including, but not limited to canning, freezing, dehydrating, drying, the addition of chemical substances, or by fermentation. See 7 CFR 52.2
  • program: means the Ticket to Work and Self-Sufficiency Program under section 1148 of the Act. See 20 CFR 411.115
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • provider: is a person or entity authorized under this section to manufacture and/or distribute Postage Evidencing Systems to customers. See 39 CFR 501.1
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quality: means the inherent properties of any processed product which determine the relative degree of excellence of such product, and includes the effects of preparation and processing, and may or may not include the effects of packing media, or added ingredients. See 7 CFR 52.2
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representational services: means services performed for a claimant in connection with any claim the claimant has before us, any asserted right the claimant may have for an initial or reconsidered determination, and any decision or action by an administrative law judge or the Appeals Council. See 20 CFR 416.1503
  • Representative: means an attorney who meets all of the requirements of §416. See 20 CFR 416.1503
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Reserve Bank: means the Federal Reserve Bank of New York (and any other Federal Reserve Bank which agrees to issue Postal Service securities in book-entry form) as fiscal agent of the United States acting on behalf of the Postal Service and when indicated acting in its individual capacity. See 39 CFR 761.1
  • Resources: means cash or other liquid assets or any real or personal property that an individual owns and could convert to cash to be used for support and maintenance (see §416. See 20 CFR 416.120
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Rule: An entity's status as a covered entity begins in the first fee year in which the entity has branded prescription drug sales and continues each subsequent fee year until there are no remaining branded prescription drug sales for that entity to be taken into account as described in §51. See 26 CFR 51.2
  • Safeguards: Each handler making shipments of tomatoes for pickling, canning, experimental purposes, relief, charity, or export in accordance with paragraph (b) of this section shall:

    (1) Apply to the committee and obtain a Certificate of Privilege to make such shipments. See 7 CFR 966.323

  • sales taken into account: means branded prescription drug sales after application of the percentage adjustment table in section 9008(b)(2) (relating to annual sales less than $400,000,001). See 26 CFR 51.2
  • sales year: means the second calendar year preceding the fee year. See 26 CFR 51.2
  • Sample: means any number of sample units to be used for inspection. See 7 CFR 52.2
  • Sample unit: means a container and/or its entire contents, a portion of the contents of one or more containers or other unit of commodity, or a composite mixture of a product used for inspection. See 7 CFR 52.2
  • Sampling: means the act of selecting samples of processed products for the purpose of inspection under the regulations in this part. See 7 CFR 52.2
  • Secretary: means the Secretary of the Department or any other officer or employee of the Department authorized to exercise the powers and to perform the duties of the Secretary in respect to the matters covered by the regulations in this part. See 7 CFR 52.2
  • self-insured employer: means an employer that sponsors a self-insured medical reimbursement plan within the meaning of §1. See 26 CFR 57.2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • SHCE: means the Supplemental Health Care Exhibit. See 26 CFR 57.2
  • Size: (i) All tomatoes packed by a registered handler shall be at least 27 CFR 966.323
  • Social Security disability benefits: means the benefits described in paragraph (q) of this section. See 20 CFR 411.115
  • State: means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States. See 47 CFR 400.2
  • State: means any of the 50 States, the District of Columbia, or any of the possessions of the United States, including American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands. See 26 CFR 57.2
  • State VR agency: means a State agency administering or supervising the administration of the State plan approved under title I of the Rehabilitation Act of 1973, as amended (29 U. See 20 CFR 411.115
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • stock: includes shares in an association, joint-stock company, or insurance company. See 26 CFR 36.3121(l)(8)-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplemental security income benefit: means the amount to be paid to an eligible individual (or eligible individual and his eligible spouse) under title XVI of the Act. See 20 CFR 416.120
  • test year: means either the entire data year or the entire fee year. See 26 CFR 57.2
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Ticket: means a document described in §411. See 20 CFR 411.115
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribal Organization: means the recognized governing body of any Indian tribe. See 47 CFR 400.2
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • United States: when used in a geographical sense means the 50 States, the District of Columbia, and effective January 9, 1978, the Northern Mariana Islands. See 20 CFR 416.120
  • United States: means the 50 States, the District of Columbia, and any possession of the United States, including American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands. See 26 CFR 57.2
  • United States health risk: means the health risk of any individual who is--

    (1) A United States citizen. See 26 CFR 57.2

  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • USPFE: means the Friday through Thursday weekly average of the price quotation for base quality U. See 7 CFR 1427.1202
  • USPFEc: means the preceding Friday through Thursday average of the current shipment prices for U. See 7 CFR 1427.1202
  • USPFEf: means the preceding Friday through Thursday average of the forward shipment prices for U. See 7 CFR 1427.1202
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • VR cost reimbursement option: means an arrangement under which your ticket is not assigned to the State VR agency but you do receive services pursuant to an individualized plan for employment where the State VR agency has chosen to receive payment under the cost reimbursement payment system. See 20 CFR 411.115
  • You: as used in this subpart refers to the coal operator (or related person) assigned premium responsibility for a specific beneficiary under the Coal Act. See 20 CFR 422.602
  • your: refers to any person or the eligible spouse of any person claiming or receiving supplemental security income benefits. See 20 CFR 416.1503
  • your: means the disabled beneficiary. See 20 CFR 411.115