Ezel / IRS Rulings / 200939030

CCA 200939030: Proposed IRS letter to SEC could use investigative disclosure authority

Number
200939030
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Disclosure for Investigative Purposes
Topics
Procedure, penalties, and administration
Code sections
§ 6103
Ruling dated
August 6, 2009
Publicly released
September 25, 2009
Source
View Official PDF

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2009, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Currency note: this determination was released in 2009
Statutory amendments, regulation changes, court decisions, or later IRS guidance may have changed the analysis since then. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, threshold, or position mentioned here.
Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

An IRS attorney reviewed a draft letter to the Securities and Exchange Commission. The attorney concluded that the draft was consistent with procedures established between the IRS and the SEC for agency communications and did not appear to contain return information. The attorney further advised that, even if the SEC could discern return information in the letter, disclosure would be authorized under section 6103(k)(6) when necessary to obtain information for an IRS tax investigation or examination.

Ruling snapshot

  • Question: Could the IRS send the draft letter to the SEC under its interagency procedures and, if needed, section 6103(k)(6)?
  • Outcome: Advice given.
  • Key authorities: IRC § 6103(k)(6).

Full text (IRS public release)

ID: CCA_2009080612545132 Number: 200939030
Release Date: 9/25/2009
Office: --------------
UILC: 6103.11-06

From: --------------------
Sent: Thursday, August 06, 2009 12:55:16 PM
To: ----------------
Cc: ------------------------
Subject: FW: Letter to SEC

This is a follow up to our conversation earlier today.

A review of the draft letter indicates it is consistent with the procedures established between the IRS and SEC in 2000 for communications between the 2 agencies.

I do not see that the letter contains any return information. Even if the letter does contain some return information, the disclosure of that information to the SEC is authorized by section 6103(k)(6) as an investigative disclosure. I understand the IRS has an open investigation of a taxpayer for which it is trying to get information. Section 6103(k)(6) authorizes the IRS to disclose return information to a third party as necessary to obtain information for a tax investigation or exam. While, as noted, I do not see any return information in the letter, to the extend the SEC can discern any return information that I do not see, such disclosure would be authorized by the 6103(k)(6) investigative disclosure authority.

Please let me know if you have any further questions.

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