[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR301.7602-1]

[Page 572-573]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
             Discovery of Liability and Enforcement of Title
 
Sec. 301.7602-1  Examination of books and witnesses.

    (a) In general. For the purpose of ascertaining the correctness of 
any return, making a return where none has been made, determining the 
liability of any person for any internal revenue tax (including any 
interest, additional amount, addition to the tax, or civil penalty) or 
the liability at law or in equity of any transferee or fiduciary of any 
person in respect of any internal revenue tax, collecting any such 
liability or inquiring into any offense connected with the 
administration or enforcement of the internal revenue laws, any 
authorized officer or employee of the Internal Revenue Service may 
examine any books, papers, records or other data which may be relevant 
or material to such inquiry; and take such testimony of the person 
concerned, under oath, as may be relevant to such inquiry.
    (b) Summons. [Reserved]. For further guidance, see Sec. 301.7602-
1T(b).
    (c) Proscription on issuing of administrative summons when a Justice 
Department referral is in effect--(1) In general. The Commissioner may 
neither issue a summons under this title nor initiate a proceeding to 
enforce a previously issued summons by way of section 7604 with respect 
to any person whose tax liability is in issue, if a Justice Department 
referral is in effect with respect to that person for that liability.
    (2) Justice Department referral in effect. A Justice Department 
referral is in effect with respect to any person when:
    (i) The Secretary recommends, within the meaning of this paragraph, 
that the Attorney General either commence a grand jury investigation of 
or criminal prosecution of such person for any alleged offense connected 
with the administration or enforcement of the internal revenue laws, or

[[Page 573]]

    (ii) The Attorney General (or Deputy Attorney General or Assistant 
Attorney General) under section 6103(h)(3)(B) requests in writing that 
the Secretary disclose a return of, or return information relating to, 
such person. The request must set forth that the need for disclosure is 
for the purpose of a grand jury investigation of or potential or pending 
criminal prosecution of such person for any alleged offense connected 
with the administration or enforcement of the internal revenue laws.

The referral is effective at the time the document recommending criminal 
prosecution or grand jury investigation is signed by the Secretary or 
upon the Secretary's receipt of the section 6103(h)(3)(B) request.
    (3) Cessation of Justice Department referral. A Justice Department 
referral ceases to be in effect with respect to a person:
    (i) When the Secretary receives written notification from the 
Attorney General that the Justice Department:
    (A) Will not prosecute that person for any offense connected with 
the administration or enforcement of the internal revenue laws that gave 
rise to the referral under paragraph (2)(i) of this section, or
    (B) Will not authorize a grand jury investigation of that person 
with respect to such offense, or
    (C) Will discontinue any grand jury investigation of that person 
with respect to such offense;
    (ii) When a final disposition with respect to a criminal proceeding 
brought against that person has been made; or
    (iii) When the Secretary receives written notification from the 
Attorney General, Deputy Attorney General, or an Assistant Attorney 
General, that the Justice Department will not prosecute such person for 
any offense connected with the administration or enforcement of the 
internal revenue laws, based upon a previous request for disclosure 
under section 6103(h)(3)(B).
    (4) Taxable years and taxes imposed by separate chapters of the Code 
treated separately--(i) In general. For purposes of this section, each 
taxable period (or, if there is no taxable period, each taxable event) 
and each tax imposed by a separate chapter of the Code is treated 
separately.
    (ii) Examples. The following examples illustrate the application of 
this paragraph (c)(4):

    Example 1. A Justice Department referral is in effect for D's 
criminal evasion of income tax for the taxable year 1979. The Commission 
may issue a summons respecting D's 1980 criminal and/or civil tax 
liability. The Commissioner may not issue a summons respecting D's 1979 
income tax liability.
    Example 2. A referral has been made to the Department of Justice for 
the criminal prosecution of F with regard to F's income tax liability 
for the taxable year 1978. The Commissioner may issue a summons 
respecting F's gift tax liability for the taxable year 1978.
    Example 3. A referral has been made to the Department of Justice for 
a grand jury investigation respecting G's 1980 income tax liability. The 
Commissioner may issue a summons related to an investigation of G's 
liability for Federal Insurance Contribution Act (FICA) taxes for the 
taxable year 1980.
    Example 4. A referral has been made to the Department of Justice 
respecting J's criminal evasion of windfall profit tax for all quarters 
of the calendar year 1982. The Commissioner may issue a summons 
respecting J's liability for highway motor vehicle use tax covering the 
same periods.
    Example 5. A referral has been made to the Department of Justice for 
a grand jury investigation respecting L's 1983 income tax liability. The 
Commissioner may issue a summons related to the investigation of L's 
liability under sections 6700 (abusive tax shelter promoter penalty) and 
7408 of the Code for his conduct during 1983.

    (d) Effective date. This section is effective after September 3, 
1982. For rules effective on or before September 3, 1982, see 26 CFR 
301.7602-1 (revised as of April 1, 1984).

[T.D. 8091, 51 FR 23053, June 25, 1986, as amended by T.D. 9015, 67 FR 
57331, Sept. 10, 2002]