26 U.S.C. § 7461

Publicity of proceedings

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(a) General rule

Except as provided in subsection (b), all reports of the Tax Court and all evidence received by the Tax Court and its divisions, including a transcript of the stenographic report of the hearings, shall be public records open to the inspection of the public.

(b) Exceptions(1) Trade secrets or other confidential information

The Tax Court may make any provision which is necessary to prevent the disclosure of trade secrets or other confidential information, including a provision that any document or information be placed under seal to be opened only as directed by the court.

(2) Evidence, etc.

After the decision of the Tax Court in any proceeding has become final, the Tax Court may, upon motion of the taxpayer or the Secretary, permit the withdrawal by the party entitled thereto of originals of books, documents, and records, and of models, diagrams, and other exhibits, introduced in evidence before the Tax Court or any division; or the Tax Court may, on its own motion, make such other disposition thereof as it deems advisable.

(Aug. 16, 1954, ch. 736, 68A Stat. 887; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98–369, div. A, title IV, § 465(a), July 18, 1984, 98 Stat. 825.)Editorial NotesAmendments

1984—Pub. L. 98–369, in amending section generally, designated existing provisions as subsecs. (a) and (b)(2), added subsec. (b)(1), and in subsec. (b)(2), as so designated, struck out reference to the Secretary’s delegate.

1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Pub. L. 98–369, div. A, title IV, § 465(b), July 18, 1984, 98 Stat. 825, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [July 18, 1984].”

Notes of Decisions

Cited in 3 cases, 1977–2003 · leading case: Cooper v. Internal Revenue Serv., 450 F. Supp. 752 (D.D.C. 1977).

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Cooper v. Internal Revenue Serv., 450 F. Supp. 752 (D.D.C. 1977). · cites it 2× “3 Rather, the status of the documents so disclosed was governed by 26 U.S.C. § 7461 (1970), which states in pertinent part: All reports of the Tax Court and all evidence received by the Tax Court .”

Est. of Burton W. Kanter, Deceased, Joshua S. Kanter, & Naomi Kanter v. Comm'r of Internal Revenue, 337 F.3d 833 (7th Cir. 2003). “” Additionally, 26 U.S.C. § 7461 (a) states that “all reports of the Tax Court .”

Est. Burton Kanter v. CIR (7th Cir. 2003). “” Addi- tionally, 26 U.S.C. § 7461 (a) states that “all reports of the Tax Court .”

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