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Treasury Regulations · 26 CFR

§ 301.9000-5. Written statement required for requests or demands in non-IRS matters.

In effect eCFR current as of October 15, 2026

Regulation text, no changes From the eCFR, current as of October 15, 2026. The eCFR is an authoritative but unofficial editorial compilation of the Code of Federal Regulations; the official text is the annual CFR on govinfo. Compare it with this section on ecfr.gov (external site) or the official annual CFR on govinfo (external site).

Cite as 26 CFR § 301.9000-5

At a glance

Read from the text and its source citation. Not part of the regulation.

Status
In the current eCFR
Issued
February 14, 2005 by T.D. 9178
Length
291 words · about 1 min to read
Cross-references
cites 2 Code sections and 0 regulations; cited by 3
(a) Written statement. A request or demand for IRS records or information for use in a non-IRS matter shall be accompanied by a written statement made by or on behalf of the party seeking the testimony or disclosure of IRS records or information, setting forth—
(1) A brief description of the parties to and subject matter of the proceeding and the issues;
(2) A summary of the testimony, IRS records or information sought, the relevance to the proceeding, and the estimated volume of IRS records involved;
(3) The time that will be required to present the testimony (on both direct and cross examination);
(4) Whether any of the IRS records or information is a return or is return information (as defined in section 6103(b) of the Internal Revenue Code (Code)), or tax convention information (as defined in section 6105(c)(1) of the Code), and the statutory authority for the disclosure of the return or return information (and, if no consent to disclose pursuant to section 6103(c) of the Code accompanies the request or demand, the reason consent is not necessary);
(5) Whether a declaration of an IRS officer, employee or contractor under penalties of perjury pursuant to 28 U.S.C. 1746 would suffice in lieu of deposition or trial testimony;
(6) Whether deposition or trial testimony is necessary in a situation in which IRS records may be authenticated without testimony under applicable rules of evidence and procedure;
(7) Whether IRS records or information are available from other sources; and
(8) A statement that the request or demand allows a reasonable time (generally at least fifteen business days) for compliance.
(b) Permissible waiver of statement. The requirement of a written statement in paragraph (a) of this section may be waived by the authorizing official for good cause.

[T.D. 9178, 70 FR 7397, Feb. 14, 2005]

Cross-references

Computed from the citations in the text of 26 CFR.

Code sections it cites

Cited by 3 other regulations

Amendment history

From the source citation at the end of the section, newest first. T.D. is a Treasury decision; FR is the Federal Register.

  1. Issued by T.D. 9178 (70 FR 7397)

Where it sits in 26 CFR

  1. Subchapter F Procedure and administration
  2. Part 301 Procedure and administration
  3. Subpart ECFR4cc2dbd383b9493 General Rules
  4. Application of Internal Revenue Laws

Nearby sections