Chief Counsel Advice 201916007 Released April 19, 2019 Advice

Disclosures involving the Taxpayer Advocate should be coordinated by counsel under § 6103(h)(2)

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This page covers one taxpayer's ruling from 2019, which can't be cited as precedent. Ezel answers your situation under the current Code and IRS guidance, with citations.

Currency note: this determination was released in 2019
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 resolved one taxpayer's situation on its specific facts, 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

In this brief Chief Counsel email, the author sees no disclosure problem with a proposed arrangement involving the Taxpayer Advocate. The reasoning is that the Taxpayer Advocate office (TAO) is part of the IRS and, for section 6103 purposes, is no different from Exam. As with Exam, the Department of Justice should rarely work directly with the Taxpayer Advocate; instead, field counsel should coordinate and oversee all disclosures to DOJ for litigation, both to ensure compliance with section 6103(h)(2) (which governs disclosure of returns and return information in tax-related judicial and administrative proceedings) and to make sure any privileged information is identified. The message is short practical guidance rather than formal analysis.

Ruling snapshot

  • Question: Does routing return information through the Taxpayer Advocate office raise a section 6103 concern, and how should disclosures to DOJ be handled?
  • Outcome: advice (no concern; the Taxpayer Advocate is part of the IRS like Exam, and field counsel should coordinate all disclosures to DOJ to ensure § 6103(h)(2) compliance and protect privilege)
  • Key authorities: IRC § 6103(h)(2)

Full text (IRS public release)

ID:        CCA_2019032016162353
UILC:      6103.08-02

Number: 201916007
Release Date: 4/19/2019
From:
Sent: Wednesday, March 20, 2019 4:16:23 PM
To:
Cc:
Bcc:
Subject: RE: 6103 and Taxpayer Advocate

Hello -------------------------------

From the information below, I do not see a concern. TAO is part of IRS, and no
different in this context from Exam. As with Exam, DOJ should rarely be working
directly with TAO; field counsel should coordinate and oversee all disclosures to DOJ
for litigation purposes, to ensure compliance with 6103(h)(2) and that any privileged
information is identified.

Hope this helps. Let me know if you have further questions or want to discuss this.

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