Page:United States Statutes at Large Volume 90 Part 2.djvu/232

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PUBLIC LAW 94-000—MMMM. DD, 1976

9 0 STAT. 1700

26 USC 7603.

PUBLIC LAW 94-455—OCT. 4, 1976 " (2) SurnciENCY OF NOTICE.—Such notice shall be sufficient if, on o r before such t h i r d day, such notice is served in the m a n n e r provided in section 7603 (relating to service of summons) upon the person entitled to notice, or is mailed by certified or registered mail to the last known address of such person, or, in the absence of a last known address, is left with the person summoned. I f such notice is mailed, it shall be sufficient if mailed to the last known address of the person entitled to notice or, in the case of notice to the Secretary under section 6903 of the existence of a fiduciary relationship, to the last known address of the fiduciary of such person, even if such person o r fiduciary is then deceased, under a legal disability, or no longer i n existence. " (3) THIRD-PAKTY RECORDKEEPER DEFINED.—For purposes of this

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subsection, the term ' t h i r d - party recordkeeper' means— " (A) any m u t u a l savings bank, cooperative bank, domestic building and loan association, or other savings institution chartered and supervised as a savings and loan or similar •^'- •• association under Federal or State law, any bank (as defined in section 581), or any credit union (within the meaning of section 501(c) (14)(A)); " (B) any consumer reporting agency (as defined under sec•': tion 603(d) of the F a i r Credit Report i n g Act (15 U.S.C. 1681a(f))); " (C) any person extending credit through the use of credit . cards or similar devices; V " (D) any broker (as defined in section 3(a)(4) of the . Securities E x c h a n g e Act of 1934 (15 U.S.C. 78c(a)(4))); " (E) any a t to r n e y; and " (F) any accountant. " (4) EXCEPTIONS. — Paragraph (1) shall not apply to any summons— " (A) served on the person with respect to whose liability the summons is issued, or any officer or employee of such person, " (B) to determine whether or not records of the business transactions or affairs of an identified person have been made or kept, or " (C) described in subsection (f). " (5) NATURE OF SUMMONS.—Any summons to which this sub;i section applies ( and any summons in aid of collection described in subsection (c)(2)(B)) shall identify the tax p a y e r to whom the summons relates o r the other person to whom the records p e r t a i n and shall provide such other information as will enable the person summoned to locate the records required under the summons. "(b)

R I G H T TO I N T E R V E N E; R I G H T To STAY C O M P L I A N C E. —

" (1) INTERVENTION.—Notwithstanding any other law or rule of law, any person who is entitled to notice of a summons under subsection (a) shall have the r i g h t to intervene in any proceeding with respect to the enforcement of such summons under section 7604. " (2) R I G H T TO STAY COMPLIANCE.—Notwithstanding any other

law or rule of law, any person who is entitled to notice of a summons under subsection (a) shall have the right to stay compliance w i t h the summons if, not later than the 14th d a y after the day such notice is given in the m a n n e r provided i n subsection (a) (2)-