Sec. 115. Strengthening John Doe summons proceedings
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Subsection
(f)of section 7609 is amended to read as follows: Any summons described in subsection (c)(1) which does not identify the person with respect to whose liability the summons is issued may be served only after a court proceeding in which the Secretary establishes that— the summons relates to the investigation of a particular person or ascertainable group or class of persons, there is a reasonable basis for believing that such person or group or class of persons may fail or may have failed to comply with any provision of any internal revenue law, and the information sought to be obtained from the examination of the records or testimony (and the identity of the person or persons with respect to whose liability the summons is issued) is not readily available from other sources. Paragraph
(1)shall not apply to any summons which specifies that it is limited to information regarding a United States correspondent account (as defined in section 5318A(e)(1)(B) of title 31, United States Code) or a United States payable-through account (as defined in section 5318A(e)(1)(C) of such title) of a financial institution that is held at a non-FATCA institution (as defined in section 7701(a)(51)). For purposes of this section, in any case in which the particular person or ascertainable group or class of persons have financial accounts in or transactions related to a non-FATCA institution (as defined in section 7701(a)(51)), there shall be a presumption that there is a reasonable basis for believing that such person or group or class of persons may fail or may have failed to comply with provisions of internal revenue law. Notwithstanding the requirements of paragraph (1), the Secretary may issue a summons described in paragraph
(1)if the summons— relates to a project which is approved under subparagraph (B), is issued to a person who is a member of the group or class established under subparagraph (B)(i), and is issued within 3 years of the date on which such project was approved under subparagraph (B). A project may only be approved under this subparagraph after a court proceeding in which the Secretary establishes that— any summons issues with respect to the project will be issued to a member of an ascertainable group or class of persons, and any summons issued with respect to such project will meet the requirements of paragraph (1). Upon application of the Secretary, the court may extend the time for issuing such summonses under subparagraph (A)(i) for additional 3-year periods, but only if the court continues to exercise oversight of such project under subparagraph (D). During any period in which the Secretary is authorized to issue summonses in relation to a project approved under subparagraph
(B)(including during any extension under subparagraph (C)), the Secretary shall report annually to the court on the use of such authority, provide copies of all summonses with such report, and comply with the court's direction with respect to the issuance of any John Doe summons under such project. . Paragraph
(1)of section 7609(h) is amended by inserting after the first sentence the following new sentence: Any United States district court in which a member of the group or class to which a summons may be issued resides or is found shall have jurisdiction to hear and determine the approval of a project under subsection (f)(2)(B). . The first sentence of section 7609(h)(1) is amended by striking
(f)and inserting (f)(1) . The amendments made by this section shall apply to summonses issued after the date of the enactment of this Act.