26 U.S.C. § 6108

Statistical publications and studies

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(a) Publication or other disclosure of statistics of income

The Secretary shall prepare and publish not less than annually statistics reasonably available with respect to the operations of the internal revenue laws, including classifications of taxpayers and of income, the amounts claimed or allowed as deductions, exemptions, and credits, and any other facts deemed pertinent and valuable.

(b) Special statistical studies

The Secretary may, upon written request by any party or parties, make special statistical studies and compilations involving return information (as defined in section 6103(b)(2)) and furnish to such party or parties transcripts of any such special statistical study or compilation. A reasonable fee may be prescribed for the cost of the work or services performed for such party or parties.

No publication or other disclosure of statistics or other information required or authorized by subsection (a) or special statistical study authorized by subsection (b) shall in any manner permit the statistics, study, or any information so published, furnished, or otherwise disclosed to be associated with, or otherwise identify, directly or indirectly, a particular taxpayer.

(d) Statistical support for National Taxpayer Advocate

Upon request of the National Taxpayer Advocate, the Secretary shall, to the extent practicable, provide the National Taxpayer Advocate with statistical support in connection with the preparation by the National Taxpayer Advocate of the annual report described in section 7803(c)(2)(B)(ii). Such statistical support shall include statistical studies, compilations, and the review of information provided by the National Taxpayer Advocate for statistical validity and sound statistical methodology.

(Aug. 16, 1954, ch. 736, 68A Stat. 756; Pub. L. 94–455, title XII, § 1202(b), Oct. 4, 1976, 90 Stat. 1685; Pub. L. 116–25, title I, § 1301(b)(3)(A), July 1, 2019, 133 Stat. 992.)Editorial NotesAmendments

2019—Subsec. (d). Pub. L. 116–25 added subsec. (d).

1976—Pub. L. 94–455 designated existing provisions as subsec. (a), struck out “or his delegate” after “Secretary”, inserted “not less than” after “prepare and publish” and “claimed or” after “income, the amounts”, substituted “internal revenue laws” for “income tax laws”, and added subsecs. (b) and (c).

Statutory Notes and Related SubsidiariesEffective Date of 2019 Amendment

Pub. L. 116–25, title I, § 1301(d), July 1, 2019, 133 Stat. 993, provided that:“(1)In general.—Except as otherwise provided in this subsection, the amendments made by this section [amending this section and section 7803 of this title] shall take effect on the date of the enactment of this Act [July 1, 2019].“(2)Salary of national taxpayer advocate.—The amendment made by subsection (c) [amending section 7803 of this title] shall apply to compensation paid to individuals appointed as the National Taxpayer Advocate after March 31, 2019.”

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–455 effective Jan. 1, 1977, see section 1202(i) of Pub. L. 94–455, set out as a note under section 6103 of this title.

Notes of Decisions

Cited in 9 cases, 1976–2012 · leading case: People v. Gutierrez, 222 P.3d 925 (Colo. 2009).

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People v. Gutierrez, 222 P.3d 925 (Colo. 2009). · cites it 3× “" 26 U.S.C. § 6108 (a) Federal agencies shall not inspect tax returns or other tax information provided by the taxpayer or the taxpayer's representative for purposes of prosecuting non-tax crimes.”

Church of Scientology of California v. Internal Revenue Serv., 792 F.2d 153 (D.C. Cir. 1986). · cites it 2× “to be associated with, or otherwise identify, directly or indirectly, a particular taxpayer,” 26 U.S.C. § 6108 (c). Moreover, it is curious usage to describe an item of return information (a particular taxpayer’s tax “payments,” for example) as having one “form” when made public…”

Jud. Watch, Inc. v. Rossotti, 285 F. Supp. 2d 17 (D.D.C. 2003). “The IRS withheld six pages of “return information” under Exemption 3 and 26 U.S.C. § 6108 (a). Tate Aff. ¶ 6. For obvious reasons, the Court sees no problem with such nondisclosure.”

Gardner, Bruce E v. United States, 213 F.3d 735 (D.C. Cir. 2000). “Under 26 U.S.C. § 6108 (a), “return and return information shall be confidential” and “no officer or employee of the United States .”

Felder v. United States, 543 F.2d 657 (9th Cir. 1976). “Section 6108 of the Internal Revenue Code, 26 U.S.C. § 6108 , requires the Secretary of the Treasury to “prepare and publish annually statistics reasonably available with respect to the operation of the income tax laws .”

Taylor v. United States of Am. Internal Revenue Serv., 915 F. Supp. 1015 (N.D. Iowa 1996). “Such inspection shall be permitted, or such disclosure made, only upon written request by the head of such agency, body, or commission, and only to the representatives of such agency, body, or commission designated in such written request as individuals who are to inspect or to…”

Francis Tucker v. United States, 498 F. App'x 303 (4th Cir. 2012). “Pursuant to 26 U.S.C. § 6108 (a), federal tax return information generally must be kept confidential by the government.”

James Comyns v. United States, 287 F.3d 1034 (11th Cir. 2002). “§ 7431 based on a violation of 26 U.S.C. § 6108 when Internal Revenue Service agents within the Criminal Investigations Division allegedly unnecessarily revealed the criminal nature of their tax investigation of Comyns to third-party witnesses and his former attorney.”

United States v. Triumph, 266 F. App'x 53 (2d Cir. 2008). “Second, Triumph asserts that the district court erred in proceeding with voir dire despite the fact that he had not yet *56 received juror tax information pursuant to former 26 U.S.C. § 6108 (h)(5). However, Triumph’s reliance upon that statute is inapt because it was repealed…”

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