[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: 26CFR301.7609-4]

[Page 587-588]
 
                       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. 301.7609-4  Summonses excepted from section 7609 procedures.

    (a) In aid of the collection of certain liabilities--(1) In general. 
Section 7609(c)(2)(B) contains an exception to the general notice 
requirement when a summons is issued to a third-party recordkeeper. That 
section excepts summonses issued in aid of the collection of the 
liability of any person against

[[Page 588]]

whom an assessment has been made or judgment rendered or the liability 
at law or in equity of any transferee or fiduciary of such a person.
    (2) Examples. Examples of summonses referred to in paragraph (a)(1) 
of this section are--
    (i) Summonses issued to determine the amount held in a bank in the 
name of a person against whom an assessment has been made or judgment 
rendered;
    (ii) Summonses issued for the purpose of ascertaining responsible 
corporate employees or officers for the 100 percent panalty under 
section 6672, so as to assist in collecting the amount of withheld taxes 
which have been assessed against the corporation; and
    (iii) Summonses issued to enforce transferee or fiduciary liability 
for a tax which has been assessed.
    (b) Numbered account (or similar arrangement). Under section 
7609(c)(2), a summons solely to determine the identity of a person 
having a numbered account (or similar arrangement) with a bank or other 
institution is excepted from the requirements of section 7609. A 
``numbered account (or similar arrangement)'' under section 7609(c)(2) 
is an account through which a person may authorize transactions solely 
through the use of a number, symbol, code name, or other device not 
involving the disclosure of the person's identity. A ``person having a 
numbered account (or similar arrangement)'' includes the person who 
opened the account and any person authorized to use the account or to 
receive records or statements concerning it.
    (c) Effective date. This section applies to all summonses issued 
after February 28, 1977.

(Secs. 7610(a) and 7805 of the Internal Revenue Code of 1954 (26 U.S.C. 
7610(a) and 7805))

[T.D. 7899, 48 FR 32772, July 19, 1983, as amended by T.D. 8091, 51 FR 
23055, June 25, 1986]