31 C.F.R. § 10.1

Offices

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(a) Establishment of office(s). The Commissioner shall establish the Office of Professional Responsibility and any other office(s) within the Internal Revenue Service necessary to administer and enforce this part. The Commissioner shall appoint the Director of the Office of Professional Responsibility and any other Internal Revenue official(s) to manage and direct any office(s) established to administer or enforce this part. Offices established under this part include, but are not limited to:

(1) The Office of Professional Responsibility, which shall generally have responsibility for matters related to practitioner conduct and shall have exclusive responsibility for discipline, including disciplinary proceedings and sanctions; and

(2) An office with responsibility for matters related to authority to practice before the Internal Revenue Service, including acting on applications for enrollment to practice before the Internal Revenue Service and administering competency testing and continuing education.

(b) Officers and employees within any office established under this part may perform acts necessary or appropriate to carry out the responsibilities of their office(s) under this part or as otherwise prescribed by the Commissioner.

(c) Acting. The Commissioner will designate an officer or employee of the Internal Revenue Service to perform the duties of an individual appointed under paragraph (a) of this section in the absence of that officer or employee or during a vacancy in that office.

(d) Effective/applicability date. This section is applicable beginning August 2, 2011, except that paragraph (a)(1) is applicable beginning June 12, 2014.

[T.D. 9527, 76 FR 32300, June 3, 2011, as amended by T.D. 9668, 79 FR 33692, June 12, 2014]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2001–2023 · leading case: Bradley Waterman v. IRS, 61 F.4th 152 (D.C. Cir. 2023).

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Bradley Waterman v. IRS, 61 F.4th 152 (D.C. Cir. 2023). “31 C.F.R. § 10.1 . Bradley Waterman sued the IRS under the Freedom of Information Act (“FOIA”), 5 U.”

Robert Kenny v. United States, 489 F. App'x 628 (3rd Cir. 2012). “Because the Office of Professional Responsibility is responsible for “matters related to practitioner conduct and discipline, including disciplinary proceedings and sanctions,” 31 C.F.R. § 10.1 (a)(1), and because practitioners’ failure to comply with federal tax law, including…”

Sicignano v. United States, 127 F. Supp. 2d 325 (D. Conn. 2001). “3 Similarly, the Director of Practice, as the Secretary’s designee, see 31 C.F.R. § 10.1 , has discretionary authority to discipline persons practicing before the IRS.”

New York State Ass'n of Enrolled Agents, Inc. v. New York State Dep't of Taxation & Fin., 29 Misc. 3d 332 (N.Y. Sup. Ct. 2010). “The authority to practice before the IRS is governed by 31 CFR 10.1 et seq. (practice regulations), which provide that enrolled agents “may practice before the Internal Revenue Service.”

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