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Witness Fee and Record Reproduction Reimbursement

IRC §7610

Taxpayers and third parties summoned by the IRS can receive payment for mileage and fees, as well as reimbursement for costs incurred in searching for, reproducing, and transporting requested records.

Eligibility

Applies to persons summoned to appear or produce records, provided they do not have a proprietary interest in the records and are not the taxpayer under investigation (or their employee/attorney).

Frequently Asked Questions

Who is eligible for the Witness Fee and Record Reproduction Reimbursement?

Applies to persons summoned to appear or produce records, provided they do not have a proprietary interest in the records and are not the taxpayer under investigation (or their employee/attorney).

How does the Witness Fee and Record Reproduction Reimbursement work?

Taxpayers and third parties summoned by the IRS can receive payment for mileage and fees, as well as reimbursement for costs incurred in searching for, reproducing, and transporting requested records.

What law authorizes the Witness Fee and Record Reproduction Reimbursement?

The Witness Fee and Record Reproduction Reimbursement is authorized under IRC §7610 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §7610

Source: Internal Revenue Code, Title 26, United States Code

§ 7610. Fees and costs for witnesses(a) In generalThe Secretary shall by regulations establish the rates and conditions under which payment may be made of—(1) fees and mileage to persons who are summoned to appear before the Secretary, and (2) reimbursement for such costs that are reasonably necessary which have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data required to be produced by summons. (b) ExceptionsNo payment may be made under paragraph (2) of subsection (a) if—(1) the person with respect to whose liability the summons is issued has a proprietary interest in the books, papers, records or other data required to be produced, or (2) the person summoned is the person with respect to whose liability the summons is issued or an officer, employee, agent, accountant, or attorney of such person who, at the time the summons is served, is acting as such. (c) Summons to which section appliesThis section applies with respect to any summons authorized under section 6420(e)(2), 6421(g)(2), 6427(j)(2), or 7602. (Added Pub. L. 94–455, title XII, § 1205(a), Oct. 4, 1976, 90 Stat. 1699; amended Pub. L. 95–599, title V, § 505(c)(6), Nov. 6, 1978, 92 Stat. 2760; Pub. L. 96–223, title II, § 232(d)(4)(E), Apr. 2, 1980, 94 Stat. 278; Pub. L. 97–424, title V, § 515(b)(12), Jan. 6, 1983, 96 Stat. 2182; Pub. L. 98–369, div. A, title IX, § 911(d)(2)(G), July 18, 1984, 98 Stat. 1007; Pub. L. 99–514, title XVII, § 1703(e)(2)(G), Oct. 22, 1986, 100 Stat. 2778; Pub. L. 100–647, title I, § 1017(c)(9), (12), Nov. 10, 1988, 102 Stat. 3576, 3577.) Editorial Notes Amendments1988—Subsec. (c). Pub. L. 100–647, § 1017(c)(12), made technical correction to language of Pub. L. 99–514, § 1703(e)(2)(G), see 1986 Amendment note below. Pub. L. 100–647, § 1017(c)(9), substituted “6421(g)(2)” for “6421(f)(2)”. 1986—Subsec. (c). Pub. L. 99–514, as amended by Pub. L. 100–647, § 1017(c)(12), substituted “6427(j)(2)” for “6427(i)(2)”. 1984—Subsec. (c). Pub. L. 98–369 substituted “6427(i)(2)” for “6427(h)(2)”. 1983—Subsec. (c). Pub. L. 97–424 struck out “6424(d)(2),” after “6421(f)(2),”. 1980—Subsec. (c). Pub. L. 96–223 substituted “6427(h)(2)” for “6427(g)(2)”. 1978—Subsec. (c). Pub. L. 95–599 substituted “6427(g)(2)” for “6427(e)(2)”. Statutory Notes and Related Subsidiaries Effective Date of 1988 AmendmentAmendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title. Effective Date of 1986 AmendmentAmendment by Pub. L. 99–514 applicable to gasoline removed (as defined in section 4082 of this title as amended by section 1703 of Pub. L. 99–514) after Dec. 31, 1987, see section 1703(h) of Pub. L. 99–514, set out as a note under section 4081 of this title.

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