7 individuals who are to inspect or receive the returns or return information; and (c) not designate as a representative any person who is the chief executive officer of the State or is not an employee or a legal representative of the tax agency. Id. The IRS has coordination and implementation agreements with each State and the District of Columbia. The Implementation Agreement between the Department of Revenue and the IRS satisfies section 6103(d) because it (a) is signed by the head of the State tax agency, (b) designates the individuals who are to inspect or to receive the returns or return information on behalf of the agency, and (c) does not designate as a representative the chief executive officer of the State or any person who is not an employee of the tax agency. Taylor v. United States, 106 F.3d 833, 836 (8th Cir. 1997) (agreements between Iowa and the IRS satisfy section 6103(d)); Long v. United States, 972 F.2d 1174, 1179 (10th Cir. 1992) (agreements between Colorado and the IRS satisfy section 6103(d)); Smith v. United States, 964 F.2d 630, 633-634 (7th Cir. 1992) (agreements between Illinois and the IRS satisfy section 6103(d)). In Taylor v. United States, supra at 836 the Court of Appeals for the Eighth Circuit stated: Congress clearly recognized the need for disclosure of such information in certain carefully delineated circumstances. Disclosure of individual taxpayer information by the IRS to a state taxing authority via a standing written agreement that is carefully crafted to satisfy concerns for confidentiality implements rather than "eviscerates" the will of Congress.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011