Sec. 44.6001-1 Record requirements.
(a) In general.
(1) In addition to all other records required pursuant to section 44.4403-1, every person required to pay tax under section 4401 shall keep such records as will clearly show as to each day's operation:
(i) Separately, the gross amount of wagers:
(a) Accepted directly by the taxpayer or at any registered place of business of the taxpayer (other than laid-off wagers),
(b) Accepted for his account by agents at any place other than a registered place of business of the taxpayer (other than laid-off wagers), and
(c) Accepted as laid-off wagers from persons subject to the tax on wagers;
(ii) With respect to wagers laid off with others, the name, address, and registration number of each person with whom the laid-off wagers were placed, and the gross amount laid off with each such person, showing separately the gross amount of laid-off wagers with respect to each event, contest, or other wagering medium, as, for example, the gross amount laid off on each horse in a race; and
(iii) The gross amount of tax collected from or charged to bettors as a separate item.
(2) If a taxpayer has any agents or employees receiving wagers on his behalf, he shall maintain a separate record showing the name and address of each agent or employee, the period of employment, and the number of the special tax stamp issued to each such agent or employee.
(3) A duplicate copy of each return required by section 44.6011(a)-1 shall be retained as part of the taxpayer's records.
(b) Records of agent or employee.
Every person who is engaged in receiving for or on behalf of another person (at any place other than a registered place of business of such other person) wagers of a type subject to the tax imposed by section 4401 shall keep a record showing for each day (1) the gross amount of such wagers received by him, (2) the amount, if any, retained as a commission or as compensation for receiving such wagers, and (3) the amount turned over to the person on whose behalf the wagers were received, and the name and address of such person.
(c) Record of claimants.
Any person claiming a credit or refund shall keep a complete and detailed record of each overpayment and of each laid-off wager for which credit is taken or refund is claimed, including a copy of the certificate required under paragraph (d) of section 44.6419-2.
(d) Place for keeping records.
Every person required to pay the tax imposed by section 4401 shall keep or cause to be kept, at his office or principal place of business, or, if he has no office or principal place of business, at his residence or some other convenient or safe location, all such records as are required pursuant to paragraphs (a) and (c) of this section and section 4403 and section 44.4403-1.
(e) Period for retaining records.
All records required by the regulations in this part shall at all times be available for inspection by internal revenue officers. Records required by section 44.4403-1 and by paragraph (a) of this section shall be maintained for a period of at least three years from the date the tax became due. Records required by paragraph (b) of this section shall be maintained for a period of at least three years from the date the wager was received. Records required by paragraph (c) of this section shall be maintained for a period of at least three years from the date any credit is taken or refund is claimed.
[T.D. 6370, 24 FR 2614, Apr. 4, 1959, as amended by T.D. 6568, 26 FR 7545, Aug. 15, 1961]
