Third-party contact reports should be provided only on request

Number
202352020
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Examination of Books and Witnesses
Code sections
§ 7602
Ruling dated
November 15, 2023
Publicly released
December 29, 2023

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2023, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

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

Chief Counsel advised that the IRS should give a taxpayer reports of third parties contacted during an examination only when the taxpayer requests them. The email rejected periodic issuance of those reports. It relied on the preamble to Treasury Regulation section 301.7602-2(e)(1), which states that periodic reports may harm third parties. Taxpayers still receive advance notice before third-party contacts and may specifically ask the IRS for a list of persons contacted.

Ruling snapshot

  • Question: Should the IRS issue third-party contact reports periodically or only when a taxpayer requests them?
  • Outcome: advice given
  • Key authorities: IRC § 7602; Treas. Reg. § 301.7602-2(e)(1)

Full text (IRS public release)

ID:         CCA_2023121011592548                                [Third Party Communication:

UILC:       7602.00-00                                          Date of Communication: Month DD, YYYY]

Number: 202352020
Release Date: 12/29/2023
From: -------------------
Sent: Wednesday, November 15, 2023 1:35:47 PM
To: ------------------------
Cc: ---------------------------------------------------------------------------------------------
Bcc:
Subject: RE: Third Party Contact Report Guidelines - TAS non-concur


Hey -----------,

We maintain our position that third-party contact reports should be issued to the
taxpayer only upon request and not periodically. The preamble to Procedure and
Administration Regulation § 301.7602-2(e)(1) states: “[T]he IRS determined that the
issuance of periodic reports may result in harm to third parties and, accordingly, has
determined that periodic reports should not be issued. Taxpayers will continue to
receive pre-contact notice and may specifically request from the IRS reports of persons
contacted.”

Thanks,

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