[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: 26CFR301.7609-1]

[Page 585]
 
                       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. 301.7609-1  Special procedures for third-party summonses.

    (a) In general. Section 7609 requires the Internal Revenue Service 
to follow special procedures when summoning the records of persons 
defined by section 7609(a)(3) as ``third-party recordkeepers.'' Under 
these special procedures, the person about whom information is being 
gathered must be notified in advance in many cases. If the person about 
whom information is being gathered has been given notice, that person 
has the right to institute, until and including the 20th day following 
the day such notice was served on or mailed to such notified person, a 
proceeding to quash the summons. During the time the validity of the 
summons is being litigated, the statutes of limitations are suspended 
under section 7609(e). Section 7609 does not restrict the authority 
under section 7602 (or under any other provision of law) to examine 
records and witnesses without serving a summons and without giving 
notice of an examination. Sections 301.7609-1 through 301.7609-5 relate 
to section 7609; Sec. 301.7609-2, discusses matters under sections 
7609(a)(3) and 7609(i) relating to third-party recordkeepers; Sec. 
301.7609-3 discusses matters under section 7609(b), relating to 
intervention rights; Sec. 301.7609-4 and the institution of a 
proceeding to quash; Sec. 301.7609-4 discusses matters under section 
7609(c), relating to summonses excepted from the section 7609 
procedures; and Sec. 301.7609-5 discusses matters under section 
7609(e), relating to the suspension of the statute of limitations.
    (b) Effective dates. This section applies to summonses served after 
December 31, 1982. For the rules applicable to summonses issued on or 
after March 1, 1977 and served before January 1, 1983, see 26 CFR 
301.7609-1 (revised as of April 1, 1984).

[T.D. 8091, 51 FR 23054, June 25, 1986]