Department of Justice > USAM > Title 6 > Tax Resource Manual
prev | next

26 Commencement of Summons Enforcement Proceeding

Summons enforcement proceedings are summary in nature and are usually commenced by filing a petition, supported by a declaration of the examining/investigating agent, and a proposed order to show cause why the summons should not be enforced. The court's order should be under the seal of the court and signed by the clerk, as provided by 28 U.S.C. § 1691, in order to ensure that the proceeding is not void.

While a summons enforcement proceeding could also be commenced by means of an attachment under 26 U.S.C. § 7604(b) of the summoned person, that procedure is reserved for aggravated situations in view of the holding in Reisman v. Caplin , 375 U.S. 440 (1964), and should not be utilized without receiving the prior written authorization of the Chief of the appropriate Civil Trial Section.

See also A Primer on IRS Summons Enforcement.


October 1997 Tax Resource Manual 26