Reg. § 301.7609-1 Special procedures for third-party summonses.

26 CFR § 301.7609-1eCFR, current through 2026-07-14

(a) In general

(1) Section requires the Internal Revenue Service (IRS) to follow special procedures when summoning a third party's testimony, records, or computer software source code. Except as provided in , the IRS must provide notice of a third-party summons to any person identified in the summons, other than the person summoned. A person entitled to notice of a third-party summons may intervene in any proceeding brought to enforce the summons or may bring a proceeding to quash the summons, regardless of whether they receive notice of the summons from the IRS pursuant to section and .

(2) Neither section nor the regulations hereunder limit the IRS's ability to obtain information, other than by summons, through formal or informal procedures authorized by sections and .

(b) Cross references See for rules relating to persons who must be notified of a third-party summons and exceptions to the notification requirements. See for rules relating to the rights and duties of summoned parties. See for rules relating to actions to quash a summons or to intervene in a summons enforcement proceeding. See for rules relating to the suspension of periods of limitations.

(c) Records For purposes of through , the term records includes books, papers, or other data.

(d) Effective/applicability date This section is applicable on April 30, 2008.

[T.D. 9395, 73 FR 23345, Apr. 30, 2008]