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#1843624 - 08/19/13 04:09 PM IRS Summons
80's Girl Offline
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Joined: Nov 2012
Posts: 126
I am auditing Right to Financial Privacy, and have an IRS summons that I am reviewing. Is it the norm not to receive a copy of the part of form 2039 that is sent to the noticee? My workpapers are asking me to confirm that the IRS notified our customer within a certain timeframe. Do I just assume that since I received my part of form 2039 that our customer was also sent theirs, or do I need a copy of that part of the summons? Should we have even produced the documents requested without having a copy showing they had been notified?

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#1846596 - 08/28/13 02:34 PM Re: IRS Summons 80's Girl
80's Girl Offline
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Joined: Nov 2012
Posts: 126
Any thoughts?

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#1848061 - 08/31/13 06:47 AM Re: IRS Summons 80's Girl
Cyph3rus Offline
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Joined: Aug 2013
Posts: 1
Your questionnaire is probably a replication of the steps provided within either the OCC examination manual or FDIC manual. You have to remember, their questionnaires cover the Right to Financial Privacy Act which encompasses more than the one form you are reviewing. Actually, if you reference either of the publications I cite, they reference the section of code from within the RFPA that the question aligns with. Basically, your questionnaire is not made for the review you are conducting.

Prior to an agent being able to serve a third party summons (which is the form you are looking at) they are supposed to be sending a notification of third party summons to the taxpayer(s) as required by IRC 7602(c). Thankfully, IRS compliance with their own procedures is someone else's problem... I am led to believe they are sending notifications based on their procedures.

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#1848074 - 09/01/13 12:16 PM Re: IRS Summons 80's Girl
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,227
Galveston, TX
I tend to agree. They are required to send notice to your customer and unlike the RFPA, there is no certification requirement placed on the bank.
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