Td 9178

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T.D. 9178
Treasury Decisions
Copyright 2007 LexisNexis Group, All Rights Reserved
Rules and Regulations
DEPARTMENT OF THE TREASURY
Internal Revenue Service (IRS)
26 CFR Parts 301 and 602
70 FR 7396; RIN 1545-BB15
Testimony or Production of Records in a Court or Other Proceeding
T.D. 9178
DATE: February 14, 2005
ACTION: Final regulation.
SUMMARY: This document contains final regulations replacing the existing regulation that establishes
the procedures to be followed by IRS officers and employees upon receipt of a request or demand for
disclosure of IRS records or information. The purpose of the final regulations is to provide specific
instructions and to clarify the circumstances under which more specific procedures take precedence.
The final regulations extend the application of the regulation to former IRS officers and employees as
well as to persons who are or were under contract to the IRS. The final regulations affect current and
former IRS officers, employees and contractors, and persons who make requests or demands for
disclosure.
EFFECTIVE DATE: Effective Date: These regulations are effective February 14, 2005.
Applicability Date: For dates of applicability, see § 301.9000-7.
FOR FURTHER INFORMATION CONTACT: Scott E. Powers, (202) 622-4580 (not a toll free number).

SUPPLEMENTARY INFORMATION: The collections of information contained in these final regulations
have been submitted to the Office of Management and Budget for review in accordance with the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) under control number 1545-1850.
The collections of information are in § 301.9000-5. This information is required to enable the IRS to
provide authorizing officials with a better informed basis upon which to determine whether to grant,
deny, or limit testimony or the disclosure of IRS records or information so as to conserve agency
resources.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of
information unless it displays a valid control number assigned by the Office of Management and

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Budget.
The burden reflected in the notice of proposed rulemaking (REG-140930-02) relating to the procedures
for IRS officers and employees to follow upon receipt of a request or demand for disclosure of IRS
records or information was published in the Federal Register (68 FR 40850). Comments concerning
the accuracy of this burden estimate and suggestions for reducing this burden should be sent to the
Internal Revenue Service, Attn: IRS Reports Clearance Officer, SE:W:CAR:MP:T:T:SP, Washington, DC
20224, and to the Office of Management and Budget, Attn: Desk Officer for the Department of the
Treasury, Office of Information and Regulatory Affairs, Washington, DC 20503.
Books or records relating to a collection of information must be retained as long as their contents may
become material in the administration of any internal revenue law. Generally, tax returns and tax
return information are confidential, as required by section 6103 of the Internal Revenue Code.
Background
This document contains amendments to 26 CFR part 301 under 5 U.S.C. 301 and 26 CFR part 602. On
July 9, 2003, a notice of proposed rulemaking (REG-140930-02) relating to the procedures for IRS
officers and employees to follow upon receipt of a request or demand for disclosure of IRS records or
information was published in the Federal Register (68 FR 40850). No comments were received from
the public in response to the notice of proposed rulemaking. No public hearing was requested or held.
The proposed regulations are adopted as amended by this Treasury decision. With the exception of
changes that are grammatical in nature, the revisions are discussed below.
Summary of Comments and Explanation of Revisions
The regulations have been clarified by the addition of an example illustrating a situation in which
testimony authorization is required. In addition, text and examples have been added to illustrate that
even though testimony authorization may not be required, any disclosure of IRS records and
information must be proper under the applicable substantive law. For example, any disclosure of
returns and return information must comply with section 6103, and any disclosure of tax convention
information must comply with section 6105 and be coordinated with the United States Competent
Authority.
Special Analyses
It has been determined that this Treasury decision is not a significant regulatory action as defined in
Executive Order 12866. Therefore, a regulatory assessment is not required. It has been determined
that 5 U.S.C. 553(b), the Administrative Procedure Act, does not apply to these final regulations.
It is hereby certified that the collection of information in these final regulations will not have a
significant economic impact on a substantial number of small entities. This certification is based upon
the fact that of the estimated 1,400 requests received annually, less than 500 of those requests are
estimated to be received from small entities. Moreover, the burden associated with complying with the
collection of information in these regulations is estimated to be only 1 hour per respondent. Therefore,
a Regulatory Flexibility Analysis under the Regulatory Flexibility Act (5 U.S.C. chapter 6) is not
required.
Pursuant to section 7805(f) of the Internal Revenue Code, the notice of proposed rulemaking preceding
this regulation was submitted to the Chief Counsel for Advocacy of the Small Business Administration
for comment on its impact on small business.

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Drafting Information
The principal authors of this final regulation are David Fish and Scott E. Powers, Associate Chief
Counsel (Procedure & Administration), Disclosure & Privacy Law Division.
List of Subjects
26 CFR Part 301
Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and
recordkeeping requirements.
26 CFR Part 602
Reporting and recordkeeping requirements.
Adoption of Amendments to the Regulations
Accordingly, 26 CFR parts 301 and 602 are amended as follows:
PART 301--PROCEDURE AND ADMINISTRATION
Paragraph 1. The authority citation for Part 301 is amended by adding the following entries in
numerical order to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
Section 301.9000-1 also issued under 5 U.S.C. 301 and 26 U.S.C. 6103(q) and 7804;
Section 301.9000-2 also issued under 5 U.S.C. 301 and 26 U.S.C. 6103(q) and 7804;
Section 301.9000-3 also issued under 5 U.S.C. 301 and 26 U.S.C. 6103(q) and 7804;
Section 301.9000-4 also issued under 5 U.S.C. 301 and 26 U.S.C. 6103(q) and 7804;
Section 301.9000-5 also issued under 5 U.S.C. 301 and 26 U.S.C. 6103(q) and 7804;
Section 301.9000-6 also issued under 5 U.S.C. 301 and 26 U.S.C. 6103(q) and 7804; * * *
Par. 2. Section 301.9000-1 is revised and §§ 301.9000-2 through 301.9000-7 are added to read as
follows:
§ 301.9000-1 Definitions when used in §§ 301.9000-1 through 301.9000-6.
(a) IRS records or information means any material (including copies thereof) contained in the files
(including paper, electronic or other media files) of the Internal Revenue Service (IRS), any
information relating to material contained in the files of the IRS, or any information acquired by an IRS
officer or employee, while an IRS officer or employee, as a part of the performance of official duties or
because of that IRS officer's or employee's official status with respect to the administration of the
internal revenue laws or any other laws administered by or concerning the IRS. IRS records or

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information includes, but is not limited to, returns and return information as those terms are defined in
section 6103(b)(1) and (2) of the Internal Revenue Code (Code), tax convention information as
defined in section 6105 of the Code, information gathered during Bank Secrecy Act and money
laundering investigations, and personnel records and other information pertaining to IRS officers and
employees. IRS records and information also includes information received, generated or collected by
an IRS contractor pursuant to the contractor's contract or agreement with the IRS. The term does not
include records or information obtained by IRS officers and employees, solely for the purpose of a
federal grand jury investigation, while under the direction and control of the United States Attorney's
Office. The term IRS records or information nevertheless does include records or information obtained
by the IRS before, during, or after a Federal grand jury investigation if the records or information are
obtained-(1) At the administrative stage of a criminal investigation (prior to the initiation of the grand jury);
(2) From IRS files (such as transcripts or tax returns); or
(3) For use in a subsequent civil investigation.
(b) IRS officers and employees means all officers and employees of the United States appointed by,
employed by, or subject to the directions, instructions, or orders of the Commissioner or IRS Chief
Counsel and also includes former officers and employees.
(c) IRS contractor means any person, including the person's current and former employees,
maintaining IRS records or information pursuant to a contract or agreement with the IRS, and also
includes former contractors.
(d) A request is any request for testimony of an IRS officer, employee or contractor or for production
of IRS records or information, oral or written, by any person, which is not a demand.
(e) A demand is any subpoena or other order of any court, administrative agency or other authority, or
the Congress, or a committee or subcommittee of the Congress, and any notice of deposition (either
upon oral examination or written questions), request for admissions, request for production of
documents or things, written interrogatories to parties, or other notice of, request for, or service for
discovery in a matter before any court, administrative agency or other authority.
(f) An IRS matter is any matter before any court, administrative agency or other authority in which the
United States, the Commissioner, the IRS, or any IRS officer or employee acting in an official capacity,
or any IRS officer or employee (including an officer or employee of IRS Office of Chief Counsel) in his
or her individual capacity if the United States Department of Justice or the IRS has agreed to represent
or provide representation to the IRS officer or employee, is a party and that is directly related to
official business of the IRS or to any law administered by or concerning the IRS, including, but not
limited to, judicial and administrative proceedings described in section 6103(h)(4) and (l)(4) of the
Internal Revenue Code.
(g) An IRS congressional matter is any matter before the Congress, or a committee or subcommittee
of the Congress, that is related to the administration of the internal revenue laws or any other laws
administered by or concerning the IRS, or to IRS records or information.
(h) A non-IRS matter is any matter that is not an IRS matter or an IRS congressional matter.
(i) A testimony authorization is a written instruction or oral instruction memorialized in writing within a

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reasonable period by an authorizing official that sets forth the scope of and limitations on proposed
testimony and/or disclosure of IRS records or information issued in response to a request or demand
for IRS records or information. A testimony authorization may grant or deny authorization to testify or
disclose IRS records or information and may make an authorization effective only upon the occurrence
of a precedent condition, such as the receipt of a consent complying with the provisions of section
6103(c) of the Internal Revenue Code. To authorize testimony means to issue the instruction described
in this paragraph (i).
(j) An authorizing official is a person with delegated authority to authorize testimony and the disclosure
of IRS records or information.
§ 301.9000-2 Considerations in responding to a request or demand for IRS records or
information.
(a) Situations in which disclosure shall not be authorized. Authorizing officials shall not permit
testimony or disclosure of IRS records or information in response to requests or demands if testimony
or disclosure of IRS records or information would-(1) Violate a Federal statute including, but not limited to, sections 6103 or 6105 of the Internal
Revenue Code (Code), the Privacy Act of 1974 (5 U.S.C. 552a), or a rule of procedure, such as the
grand jury secrecy rule, Fed. R. Crim. P. 6(e);
(2) Violate a specific Federal regulation, including, but not limited to, 31 CFR 103.53;
(3) Reveal classified national security information, unless properly declassified;
(4) Reveal the identity of an informant; or
(5) Reveal investigatory records or information compiled for law enforcement purposes that would
permit interference with law enforcement proceedings or would disclose investigative techniques and
procedures, the effectiveness of which could thereby be impaired.
(b) Assertion of privileges. Any applicable privilege or protection under law may be asserted in
response to a request or demand for testimony or disclosure of IRS records or information, including,
but not limited to, the following-(1) Attorney-client privilege;
(2) Attorney work product doctrine; and
(3) Deliberative process (executive) privilege.
(c) Non-IRS matters. If any person makes a request or demand for IRS records or information in
connection with a non-IRS matter, authorizing officials shall take into account the following additional
factors in responding to the request or demand-(1) Whether the requester is a Federal agency, or a state or local government or agency thereof;
(2) Whether the demand was issued by a Federal or state court, administrative agency or other
authority;

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(3) The potential effect of the case on the administration of the internal revenue laws or any other laws
administered by or concerning the IRS;
(4) The importance of the legal issues presented;
(5) Whether the IRS records or information are available from other sources;
(6) The IRS's anticipated commitment of time and anticipated expenditure of funds necessary to
comply with the request or demand;
(7) The number of similar requests and their cumulative effect on the expenditure of IRS resources;
(8) Whether the request or demand allows a reasonable time for compliance (generally, at least fifteen
business days);
(9) Whether the testimony or disclosure is appropriate under the rules of procedure governing the case
or matter in which the request or demand arises;
(10) Whether the request or demand involves expert witness testimony;
(11) Whether the request or demand is for the testimony of an IRS officer, employee or contractor who
is without personal knowledge of relevant facts;
(12) Whether the request or demand is for the testimony of a presidential appointee or senior
executive and whether the testimony of a lower-level official would suffice;
(13) Whether the procedures in § 301.9000-5 have been followed; and
(14) Any other relevant factors that may be brought to the attention of the authorizing official.
§ 301.9000-3 Testimony authorizations.
(a) Prohibition on disclosure of IRS records or information without testimony authorization. Except as
provided in paragraph (b) of this section, when a request or demand for IRS records or information is
made, no IRS officer, employee or contractor shall testify or disclose IRS records or information to any
court, administrative agency or other authority, or to the Congress, or to a committee or subcommittee
of the Congress without a testimony authorization. However, an IRS officer, employee or contractor
may appear in person to advise that he or she is awaiting instructions from an authorizing official with
respect to the request or demand.
(b) Exceptions. No testimony authorization is required in the following circumstances-(1) To respond to a request or demand for IRS records or information by the attorney or other
government representative representing the IRS in a particular IRS matter;
(2) To respond solely in writing, under the direction of the attorney or other government
representative, to requests and demands in IRS matters, including, but not limited to, admissions,
document production, and written interrogatories to parties;
(3) To respond to a request or demand issued to a former IRS officer, employee or contractor for
expert or opinion testimony if the testimony sought from the former IRS officer, employee or

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contractor involves general knowledge (such as information contained in published procedures of the
IRS or the IRS Office of Chief Counsel) gained while the former IRS officer, employee or contractor was
employed or under contract with the IRS; or
(4) If a more specific procedure established by the Commissioner governs the disclosure of IRS records
or information. These procedures include, but are not limited to, those relating to: procedures pursuant
to § 601.702(d) of this chapter; Freedom of Information Act requests pursuant to 5 U.S.C. 552;
Privacy Act of 1974 requests pursuant to 5 U.S.C. 552a; disclosures to state tax agencies pursuant to
section 6103(d) of the Internal Revenue Code (Code); and disclosures to the United States Department
of Justice pursuant to an ex parte order under section 6103(i)(1) of the Code.
(c) Disclosures of IRS records or information with or without testimony authorization must be
permitted under other applicable law. Any disclosure of IRS records or information that is otherwise
permissible under this section must not be prohibited under applicable law. For example, in a case in
which returns and return information may be disclosed, the disclosure must be authorized under
section 6103, even if any required testimony authorization is obtained. If tax convention information
(as defined under section 6105) may be disclosed, in deciding whether the disclosure is authorized, the
authorizing official must coordinate the disclosure with the U.S. Competent Authority.
§ 301.9000-4 Procedure in the event of a request or demand for IRS records or information.
(a) Purpose and scope. This section prescribes procedures to be followed by IRS officers, employees
and contractors upon receipt of a request or demand in matters in which a testimony authorization is
or may be required.
(b) Notification of the Disclosure Officer. Except as provided in paragraphs (c), (d), and (e) of this
section, an IRS officer, employee or contractor who receives a request or demand for IRS records or
information for which a testimony authorization is or may be required shall notify promptly the
disclosure officer servicing the IRS officer's, employee's or contractor's geographic area. The IRS
officer, employee or contractor shall await instructions from the authorizing official concerning the
response to the request or demand. An IRS officer, employee, or contractor who receives a request or
demand in one of the following matters should not notify the disclosure officer, but should follow the
instructions in paragraph (c), (d), or (e) of this section, as applicable:
(1) United States Tax Court cases.
(2) Personnel matters, labor relations matters, government contract matters, matters related to
informant claims or matters related to the rules of Bivens v. Six Unknown Named Agents of Federal
Bureau of Narcotics, 403 U.S. 388 (1971) (Bivens matters), or matters under the Federal Tort Claims
Act (FTCA).
(3) IRS congressional matters.
(c) Requests or demands in United States Tax Court cases. An IRS officer, employee or contractor who
receives a request or demand for IRS records or information on behalf of a petitioner in a United States
Tax Court case shall notify promptly the IRS Office of Chief Counsel attorney assigned to the case. The
IRS Office of Chief Counsel attorney shall notify promptly the authorizing official. The IRS officer,
employee or contractor who received the request or demand shall await instructions from the
authorizing official.
(d) Requests or demands in personnel, labor relations, government contract, Bivens or FTCA matters,

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or matters related to informant claims. An IRS officer, employee or contractor who receives a request
or demand, on behalf of an appellant, grievant, complainant or representative, for IRS records or
information in a personnel, labor relations, government contract, Bivens or FTCA matter, or matter
related to informant claims, shall notify promptly the IRS Associate Chief Counsel (General Legal
Services) attorney assigned to the case. If no IRS Associate Chief Counsel (General Legal Services)
attorney is assigned to the case, the IRS officer, employee or contractor shall notify promptly the IRS
Associate Chief Counsel (General Legal Services) attorney servicing the geographic area. The IRS
Associate Chief Counsel (General Legal Services) attorney shall notify promptly the authorizing official.
The IRS officer, employee or contractor who received the request or demand shall await instructions
from the authorizing official.
(e) Requests or demands in IRS congressional matters. An IRS officer, employee or contractor who
receives a request or demand in an IRS congressional matter shall notify promptly the IRS Office of
Legislative Affairs. The IRS officer, employee or contractor who received the request or demand shall
await instructions from the authorizing official.
(f) Opposition to a demand for IRS records or information in IRS and non-IRS matters. If, in response
to a demand for IRS records or information, an authorizing official has not had a sufficient opportunity
to issue a testimony authorization, or determines that the demand for IRS records or information
should be denied, the authorizing official shall request the government attorney or other representative
of the government to oppose the demand and respectfully inform the court, administrative agency or
other authority, by appropriate action, that the authorizing official either has not yet issued a
testimony authorization, or has issued a testimony authorization to the IRS officer, employee or
contractor that denies permission to testify or disclose the IRS records or information. If the
authorizing official denies authorization in whole or in part, the government attorney or other
representative of the government shall inform the court, administrative agency or other authority of
the reasons the authorizing official gives for not authorizing the testimony or the disclosure of the IRS
records or information or take other action in opposition as may be appropriate (including, but not
limited to, filing a motion to quash or a motion to remove to Federal court).
(g) Procedure in the event of an adverse ruling. In the event the court, administrative agency, or other
authority rules adversely with respect to the refusal to disclose the IRS records or information pursuant
to the testimony authorization, or declines to defer a ruling until a testimony authorization has been
received, the IRS officer, employee or contractor who has received the request or demand shall,
pursuant to this section, respectfully decline to testify or disclose the IRS records or information.
(h) Penalties. Any IRS officer or employee who discloses IRS records or information without following
the provisions of this section or § 301.9000-3, may be subject to administrative discipline, up to and
including dismissal. Any IRS officer, employee or contractor may be subject to applicable contractual
sanctions and civil or criminal penalties, including prosecution under 5 U.S.C. 552a(i), for willful
disclosure in an unauthorized manner of information protected by the Privacy Act of 1974, or under
section 7213 of the Internal Revenue Code, for willful disclosure in an unauthorized manner of return
information.
(i) No creation of benefit or separate privilege. Nothing in §§ 301.9000-1 through 301.9000-3, this
section, and §§ 301.9000-5 and 301.9000-6, creates, is intended to create, or may be relied upon to
create, any right or benefit, substantive or procedural, enforceable at law by a party against the United
States. Nothing in these regulations creates a separate privilege or basis to withhold IRS records or
information.
§ 301.9000-5 Written statement required for requests or demands in non-IRS matters.

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(a) Written statement. A request or demand for IRS records or information for use in a non-IRS matter
shall be accompanied by a written statement made by or on behalf of the party seeking the testimony
or disclosure of IRS records or information, setting forth-(1) A brief description of the parties to and subject matter of the proceeding and the issues;
(2) A summary of the testimony, IRS records or information sought, the relevance to the proceeding,
and the estimated volume of IRS records involved;
(3) The time that will be required to present the testimony (on both direct and cross examination);
(4) Whether any of the IRS records or information is a return or is return information (as defined in
section 6103(b) of the Internal Revenue Code (Code)), or tax convention information (as defined in
section 6105(c)(1) of the Code), and the statutory authority for the disclosure of the return or return
information (and, if no consent to disclose pursuant to section 6103(c) of the Code accompanies the
request or demand, the reason consent is not necessary);
(5) Whether a declaration of an IRS officer, employee or contractor under penalties of perjury pursuant
to 28 U.S.C. 1746 would suffice in lieu of deposition or trial testimony;
(6) Whether deposition or trial testimony is necessary in a situation in which IRS records may be
authenticated without testimony under applicable rules of evidence and procedure;
(7) Whether IRS records or information are available from other sources; and
(8) A statement that the request or demand allows a reasonable time (generally at least fifteen
business days) for compliance.
(b) Permissible waiver of statement. The requirement of a written statement in paragraph (a) of this
section may be waived by the authorizing official for good cause.
§ 301.9000-6 Examples.
The following examples illustrate the provisions of §§ 301.9000-1 through 301.9000-5:Example 1.
A taxpayer sues a practitioner in state court for malpractice in connection with the practitioner's
preparation of a Federal income tax return. The taxpayer subpoenas an IRS employee to testify
concerning the IRS employee's examination of the taxpayer's Federal income tax return. The taxpayer
provides the statement required by § 301.9000-5. This is a non-IRS matter. A testimony authorization
would be required for the IRS employee to testify. (In addition, the taxpayer would be required to
execute an appropriate consent under section 6103(c) of the Code). The IRS would oppose the IRS
employee's appearance in this case because the IRS is a disinterested party with respect to the dispute
and would consider the commitment of resources to comply with the subpoena inappropriate.Example
2.
In a state judicial proceeding concerning child support, the child's custodial parent subpoenas for a
deposition an IRS agent who is examining certain post-divorce Federal income tax returns of the noncustodial parent. This is a non-IRS matter. The custodial parent submits with the subpoena the
statement required by § 301.9000-5 stating as the reason for the lack of taxpayer consent to
disclosure that the non-custodial parent has refused to provide the consent (both a consent from the

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taxpayer complying with section 6103(c) and a testimony authorization would be required prior to the
IRS agent testifying at the deposition). If taxpayer consent is obtained, the IRS may provide a
declaration or certified return information of the taxpayer. A deposition would be unnecessary under
the circumstances.Example 3.
The chairperson of a congressional committee requests the appearance of an IRS employee before the
committee and committee staff to submit to questioning by committee staff concerning the procedures
for processing Federal employment tax returns. This is an IRS congressional matter. Even though
questioning would not involve the disclosure of returns or return information, the questioning would
involve the disclosure of IRS records or information; therefore, a testimony authorization would be
required. The IRS employee must contact the IRS Office of Legislative Affairs for instructions before
appearing.Example 4.
The IRS opens a criminal investigation as to the tax liabilities of a taxpayer. This is an IRS matter.
During the criminal investigation, the IRS refers the matter to the United States Department of Justice,
requesting the institution of a Federal grand jury to investigate further potential criminal tax violations.
The United States Department of Justice approves the request and initiates a grand jury investigation.
The grand jury indicts the taxpayer. During the taxpayer's trial, the taxpayer subpoenas an IRS special
agent for testimony regarding the investigation. The records and information collected during the
administrative stage of the investigation, including the taxpayer's tax returns from IRS files, are IRS
records and information. A testimony authorization is required for the IRS special agent to testify
regarding this information. However, no IRS testimony authorization is required regarding the
information collected by the IRS special agent when the IRS special agent was acting under the
direction and control of the United States Attorney's Office in the Federal grand jury investigation. That
information is not IRS records or information within the meaning of § 301.9000-1(a). Disclosure of that
information should be coordinated with the United States Attorney's Office.Example 5.
The United States Department of Justice attorney representing the IRS in a suit for refund requests
testimony from an IRS revenue agent. This is an IRS matter. A testimony authorization would not be
required for the IRS revenue agent to testify because the testimony was requested by the government
attorney.Example 6.
In response to a request by the taxpayer's counsel to interview an IRS revenue agent who was
involved in a case at the administrative level, the United States Department of Justice attorney
representing the IRS in a suit for refund asks that the IRS revenue agent be made available to be
interviewed. This is an IRS matter. A testimony authorization would be required for the IRS revenue
agent to testify because the testimony was first requested by taxpayer's counsel.Example 7.
A state assistant attorney general, acting in accordance with a recommendation from his state's
department of revenue, is prosecuting a taxpayer under a state criminal law proscribing the intentional
failure to file a state income tax return. The assistant attorney general serves an IRS employee with a
subpoena to testify concerning the taxpayer's Federal income tax return filing history. This is a nonIRS matter. This is also a state judicial proceeding pertaining to tax administration within the meaning
of section 6103(h)(4) and (b)(4). As such, the requirements of section 6103(h)(4) apply. A testimony
authorization would be required for the testimony demand in the subpoena.Example 8.
A former IRS revenue agent is requested to testify in a divorce proceeding. The request seeks
testimony explaining the meaning of entries appearing on one party's transcript of account, which is
already in the possession of the parties. This is a non-IRS matter. No testimony authorization is
required because the testimony requested from the former IRS employee involves general knowledge
gained while the former IRS revenue agent was employed with the IRS.Example 9.

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A Department of Justice attorney requests an IRS employee to testify in a refund suit involving
Taxpayer A. The testimony may include tax convention information, as defined in section 6105, which
was originally obtained by the IRS from a treaty partner in connection with a tax case against Taxpayer
B. While no testimony authorization is necessary, because the testimony is being requested by
government counsel in a tax matter, the IRS employee may not testify (or otherwise disclose IRS
records or information) without coordinating with the U.S. Competent Authority, as disclosure of tax
convention information is governed by section 6105. The disclosure must also meet the requirements
in section 6103(h)(4).Example 10.
In a state court tort action, Defendant subpoenas IRS for Plaintiff's federal income tax returns for
particular taxable years. This is a non-IRS matter. The Disclosure Officer instructs Defendant that the
IRS has established procedures for obtaining copies of Federal income tax returns. Section 601.702(d)
(1) of this chapter establishes the procedures for obtaining Federal tax returns by requiring written
requests for copies of tax returns using IRS Form 4506, "Request for Copy of Tax Return." At
Defendant's request, Plaintiff executes Form 4506, naming Defendant's counsel as designee, and the
form is properly submitted to IRS. A testimony authorization would not be required to disclose
Plaintiff's returns to Defendant's counsel.
§ 301.9000-7 Effective date.
These regulations are applicable on February 14, 2005.
PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT
Par. 3. The authority citation for part 602 continues to read as follows:
Authority: 26 U.S.C. 7805.
Par. 4. In § 602.101, paragraph (b) is amended by adding an entry for § 301.9000-5 in numerical
order to the table to read as follows:
§ 602.101 OMB Control numbers.
*

*

*

*

*

(b) * * *
CFR part or section

Current OMB control No.

where identified and
described
*****
301.9000-5

1545-1850
*****

Mark E. Matthews,
Deputy Commissioner for Services and Enforcement.

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Approved: February 3, 2005.
Eric Solomon,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 05-2816 Filed 2-11-05; 8:45 am]
BILLING CODE 4830-01-P
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