Jeffrey C. and Kelly O. Stone - Page 6

                                          6                                           
               We disagree that respondent violated section 6103.  An                 
          officer or employee of the United States may not disclose returns           
          or return information unless disclosure is authorized under                 
          section 6103.  Sec. 6103(a); Martin v. IRS, 857 F.2d 722, 724               
          (10th Cir. 1988).  However, the Commissioner may disclose returns           
          and return information to State tax officials upon written                  
          request by the head of the State tax agency for the purpose of,             
          and to the extent necessary in, the administration of State tax             
          laws.  Sec. 6103(d)(1).  The written request must:  (a) Be made             
          by the head of the State agency charged under State law with                
          responsibility for the administration of State tax laws;  (b)               
          designate representatives of the State tax agency as the                    


               1(...continued)                                                        
               and Local Law Enforcement Agencies.--                                  
                         (1) In General.--Returns and return information              
                    with respect to taxes * * * shall be open to inspection           
                    by, or disclosure to, any State agency, body, or                  
                    commission, or its legal representative, which is                 
                    charged under the laws of such State with                         
                    responsibility for the administration of State tax laws           
                    for the purpose of, and only to the extent necessary              
                    in, the administration of such laws * * *.  Such                  
                    inspection shall be  permitted, or such disclosure                
                    made, only upon written request by the head of such               
                    agency, body, or commission, and only to the                      
                    representatives of such agency, body, or commission               
                    designated in such written request as the individuals             
                    who are to inspect or to receive the returns or return            
                    information on behalf of such agency, body, or                    
                    commission.  Such representatives shall not include any           
                    individual who is the chief executive officer of such             
                    State or who is neither an employee or legal                      
                    representative of such agency, body, or commission nor            
                    a person described in subsection (n). * * *                       




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011