31 C.F.R. § 10.53

Receipt of information concerning practitioner

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(a) Officer or employee of the Internal Revenue Service. If an officer or employee of the Internal Revenue Service has reason to believe a practitioner has violated any provision of this part, the officer or employee will promptly make a written report of the suspected violation. The report will explain the facts and reasons upon which the officer's or employee's belief rests and must be submitted to the office(s) of the Internal Revenue Service responsible for administering or enforcing this part.

(b) Other persons. Any person other than an officer or employee of the Internal Revenue Service having information of a violation of any provision of this part may make an oral or written report of the alleged violation to the office(s) of the Internal Revenue Service responsible for administering or enforcing this part or any officer or employee of the Internal Revenue Service. If the report is made to an officer or employee of the Internal Revenue Service, the officer or employee will make a written report of the suspected violation and submit the report to the office(s) of the Internal Revenue Service responsible for administering or enforcing this part.

(c) Destruction of report. No report made under paragraph (a) or (b) of this section shall be maintained unless retention of the report is permissible under the applicable records control schedule as approved by the National Archives and Records Administration and designated in the Internal Revenue Manual. Reports must be destroyed as soon as permissible under the applicable records control schedule.

(d) Effect on proceedings under subpart D. The destruction of any report will not bar any proceeding under subpart D of this part, but will preclude the use of a copy of the report in a proceeding under subpart D of this part.

(e) Effective/applicability date. This section is applicable beginning August 2, 2011.

[T.D. 9527, 76 FR 32308, June 3, 2011]
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Bradley Waterman v. IRS, 61 F.4th 152 (D.C. Cir. 2023).
Bradley Waterman v. IRS, 61 F.4th 152 (D.C. Cir. 2023). · cites it 2× “§ 330 , depends on Internal Revenue Agents, like Marchetti, to ferret out suspected misconduct and marshal “facts and reasons” to initiate an investigation by the OPR, 31 C.F.R. § 10.53 ; see id. § 10.1. The IRS avers that the Marchetti Memo sets forth “actions and statements”…”
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