Circuit split in summons procedures
By Todd Welty and Jeffrey Glassman
As part of the examination process, the Internal Revenue Service (IRS) has wide latitude to obtain documents, records or other information from a taxpayer. The IRS normally requests and receives information informally. Other times, however, the IRS resorts to a more forceful tact — an administrative summons. This approach has teeth, as the federal district courts have statutory authority to compel compliance.
To have a summons enforced in federal district court, the IRS generally must satisfy four prima facie requirements established 50 years ago by the Supreme Court in United States v Powell. Those requirements are: (1) the investigation must be conducted for a legitimate purpose; (2) the summons must be relevant to that purpose; (3) the IRS must not already have the information sought; and (4) the IRS must have followed the administrative steps required by the Internal Revenue Code…
Click on the link below to read the rest of the Dentons briefing.
News from Dentons
News from The Lawyer
Briefings from Dentons
Financial Regulatory Developments — presidency publishes IMD 2 compromise; new commissioners announced; and more
Dentons has released the 12 September 2014 edition of its Financial Regulatory Developments (FReD) publication.
Members of the Global Privacy Enforcement Network (GPEN) have released the results of the network’s May 2014 privacy sweep.
Analysis from The Lawyer
The continent’s boom in natural resources and renewable energy is sparking an infrastructure drive
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.