Title 26 — Internal Revenue Code
Chapter 78 — Discovery of Liability and Enforcement of Title
§ 7605. Time and place of examination
Statutory text
Time and place
The time and place of examination pursuant to the provisions of section 6420(e)(2), 6421(g)(2), 6427(j)(2), or 7602 shall be such time and place as may be fixed by the Secretary and as are reasonable under the circumstances. In the case of a summons under authority of paragraph (2) of section 7602, or under the corresponding authority of section 6420(e)(2), 6421(g)(2), or 6427(j)(2), the date fixed for appearance before the Secretary shall not be less than 10 days from the date of the summons.
Restrictions on examination of taxpayer
No taxpayer shall be subjected to unnecessary examination or investigations, and only one inspection of a taxpayer’s books of account shall be made for each taxable year unless the taxpayer requests otherwise or unless the Secretary, after investigation, notifies the taxpayer in writing that an additional inspection is necessary.
Cross reference
For provisions restricting church tax inquiries and examinations, see section 7611.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 16, 1954, ch. 736, 68A Stat. 902 · 68A Stat. 902
Enacted · 26 U.S.C. § 7605
Aug. 16, 1954, ch. 736, 68A Stat. 902
Source evidence
Code source credit
Aug. 16, 1954, ch. 736, 68A Stat. 902Public Law not identified
Inserted · 26 U.S.C. § 7605(a)
Subsec. (a). Act June 29, 1956, inserted references to section 6421(f)(2)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act June 29, 1956, inserted references to section 6421(f)(2).Act Apr. 2, 1956, inserted references to section 6420(e)(2) in second sentence.
Excise Tax Reduction Act of 1965
Pub. L. 89–44 title II § 202(c)(4) · 79 Stat. 136
Inserted · 26 U.S.C. § 7605(a)
Pub. L. 89–44 inserted references to section 6424(d)(2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 89–44 inserted references to section 6424(d)(2).Enacted provision · exact public law section
(4) Sections 7210, 7603, and 7604, and the first sentence of section 7605(a), are each amended by inserting “6424(d)(2),” 68A Stat. 854, 70 Stat. 91, 396. after “6421(f)(2),”. The second sentence of section 7605(a) is amended by striking out “or 6421(f)(2),” and inserting in lieu thereof “, 6421(f)(2), or 6424(d)(2),”.Tax Reform Act of 1969
Pub. L. 91–172 title I § 121(f) · 83 Stat. 487
Added · 26 U.S.C. § 7605(c)
Pub. L. 91–172 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 91–172 added subsec. (c).Enacted provision · exact public law section
(f) Restriction on Examination of Churches.— Section 7605 (relating to time and place of examination) is amended by adding at the end thereof the following new subsection: “(c) Restriction on Examination of Churches.— No examination of the books of account of a church or convention or association of churches shall be made to determine whether such organization may be engaged in the carrying on of an unrelated trade or business or may be otherwise engaged in activities which may be subject to tax under part III of subchapter F of chapter 1 of this title (sec. 511 and following, relating to taxation of business income of exempt organizations) unless the Secretary or his delegate (such officer being no lower than a principal internal revenue officer for an internal revenue region) believes that such organization may be so engaged and so notifies the organization in advance of the examination. No examination of the religious activities of such an organization shall be made except to the extent necessary to determine whether such organization is a church or a convention or association of churches, and no examination of the books of account of such an organization shall be made other than to the extent necessary to determine the amount of tax imposed by this title.”Airport and Airway Revenue Act of 1970
Pub. L. 91–258 title II § 207(d)(9) · 84 Stat. 219
Inserted · 26 U.S.C. § 7605(a)
Pub. L. 91–258 inserted references to section 6427(e)(2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 91–258 inserted references to section 6427(e)(2).Enacted provision · exact public law section
SEC. 207. PAYMENTS WITH RESPECT TO CERTAIN USES OF GASOLINE AND SPECIAL FUELS. (a) Payments With Respect to Certain Nontaxable Uses of Fuels.— Subchapter B of chapter 65 (relating to rules of special Ante, p. 245. application) is amended by adding after section 6426 (as added by section 406 (e) of this title) the following new section:Pub. L. 94–455 title XIX § 1906(b)(13)(A) · 90 Stat. 1520
Struck · 26 U.S.C. § 7605(a)
Pub. L. 94–455 struck out “or his delegate” after “Secretary”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 94–455 struck out “or his delegate” after “Secretary”.Enacted provision · exact public law section
(A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.Pub. L. 94–455 title XIX § 1906(b)(13)(A) · 90 Stat. 1520
Struck · 26 U.S.C. § 7605(b); 26 U.S.C. § 7605(c)
Pub. L. 94–455 struck out “or his delegate” after “Secretary”
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.Enacted provision · exact public law section
(A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.Pub. L. 94–530 § 1(c)(6) · 90 Stat. 2487
Substituted · 26 U.S.C. § 7605(a)
Pub. L. 94–530 substituted “6427(f)(2)” for “6427(e)(2)” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–530 substituted “6427(f)(2)” for “6427(e)(2)” wherever appearing.Enacted provision · exact public law section
(1) Subsections (a)(4) and (c) of section 39 of such Code are 26 USC 39. each amended by striking out “6427 (f)” and inserting in lieu thereof “6427(g)”.Highway Revenue Act of 1978
Pub. L. 95–599 title V § 505(c)(5) · 92 Stat. 2689
Substituted · 26 U.S.C. § 7605(a)
Pub. L. 95–599 substituted “6427(g)(2)” for “6427(f)(2)” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–599 substituted “6427(g)(2)” for “6427(f)(2)” wherever appearing.Enacted provision · exact public law section
(5) Sections 7210, 7603, 7604(b), and 7605(a) of such Code 26 USC 7210, 7603, 7604, 7605. are each amended by striking out “6427(f)(2)” each place it appears and inserting in lieu thereof “6427(g)(2)”.Pub. L. 96–223 title II § 232(d)(4)(E) · 94 Stat. 229
Substituted · 26 U.S.C. § 7605(a)
Pub. L. 96–223 substituted “6427(h)(2)” for “6427(g)(2)” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–223 substituted “6427(h)(2)” for “6427(g)(2)” wherever appearing.Enacted provision · exact public law section
(E) Sections 7210, 7603, 7604(b), 7604(c)(2), 7605(a), 26 USC 7210, 7603, 7604, 7605, 7609, 7610. 7609(c)(1), and 7610(c) are each amended by striking out “6427(g)(2)” each place it appears and inserting in lieu thereof “6427(h)(2)”.Surface Transportation Assistance Act of 1982
Pub. L. 97–424 title V § 515(b)(12) · 96 Stat. 2097
Struck · 26 U.S.C. § 7605(a)
Pub. L. 97–424 struck out “6424(d)(2),” after “6421(f)(2),” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–424 struck out “6424(d)(2),” after “6421(f)(2),” wherever appearing.Enacted provision · exact public law section
(12) 26 USC 7210, 7603–7605, 7609, 7610. Sections 7210, 7603, 7604, 7605, 7609(c)(1), and 7610(c) are each amended by striking out “6424(d)(2),” each place it appears.Tax Reform Act of 1984
Pub. L. 98–369 § 911(d)(2)(G) · 98 Stat. 494
Substituted · 26 U.S.C. § 7605(a)
Pub. L. 98–369, § 911(d)(2)(G), substituted “6427(i)(2)” for “6427(h)(2)” in two places
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–369, § 911(d)(2)(G), substituted “6427(i)(2)” for “6427(h)(2)” in two places.Enacted provision · exact public law section
(G) Sections 7210, 7603, 7604(b), 7604(c)(2), 7605(a), 26 USC 7210, 7603–7605, 7609, 7616. 7609(c)(1), and 7610(c) are each amended by striking out “6427(h)(2)” each place it appears and inserting in lieu thereof “6427(i)(2)”.Tax Reform Act of 1984
Pub. L. 98–369 § 1033(c)(1) · 98 Stat. 494
Amended · 26 U.S.C. § 7605(c)
Pub. L. 98–369, § 1033(c)(1), amended subsec. (c) generally
Substituted · 26 U.S.C. § 7605(c)
Pub. L. 98–369, § 1033(c)(1), substituting a cross reference relating to church tax inquiries for provisions relating to church tax inquiries
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–369, § 1033(c)(1), amended subsec. (c) generally, substituting a cross reference relating to church tax inquiries for provisions relating to church tax inquiries.Enacted provision · exact public law section
(1) Subsection (c) of section 7605 (relating to time and place of 26 USC 7605. examination) is amended to read as follows: “(C) Cross Reference.— “For provisions restricting church tax inquiries and examinations, see section 7611.” Ante, p. 1034.Tax Reform Act of 1986
Pub. L. 99–514 title XVII § 1703(e)(2)(G) · 100 Stat. 2085
Amended · 26 U.S.C. § 7605(a)
Pub. L. 99–514, as amended by Pub. L. 100–647, § 1017(c)(12)
Substituted · 26 U.S.C. § 7605(a)
Pub. L. 99–514, as substituted “6427(j)(2)” for “6427(i)(2)” in two places
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–514, as amended by Pub. L. 100–647, § 1017(c)(12), substituted “6427(j)(2)” for “6427(i)(2)” in two places.Enacted provision · exact public law section
(G) Sections 7210, 7603, 7604(b), 7604(c)(2), 7605(a), 7609(c)(1), and 7610(c) are amended by striking out “section 6427(i)(2)” and inserting in lieu thereof “section 6427(j)(2)”.Effective date note
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.Technical and Miscellaneous Revenue Act of 1988
Pub. L. 100–647 § 1017(c)(12) · 102 Stat. 3342
Changed · 26 U.S.C. § 7605(a)
Pub. L. 100–647, § 1017(c)(12), made technical correction to language of Pub. L. 99–514, § 1703(e)(2)(G), see 1986 Amendment note below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–647, § 1017(c)(12), made technical correction to language of Pub. L. 99–514, § 1703(e)(2)(G), see 1986 Amendment note below.Enacted provision · exact public law section
(12) Subparagraph (G) of section 1703(e)(2) of the Reform Act 100 Stat. 2774. is amended by striking out all that follows “are amended” and inserting in lieu thereof by striking out ‘6427(i)(2)’ and inserting in lieu thereof “6427(j)2j.”Effective date note
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.Technical and Miscellaneous Revenue Act of 1988
Pub. L. 100–647 § 1017(c)(9) · 102 Stat. 3342
Substituted · 26 U.S.C. § 7605(a)
Pub. L. 100–647, § 1017(c)(9), substituted “6421(g)(2)” for “6421(f)(2)” in two places
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–647, § 1017(c)(9), substituted “6421(g)(2)” for “6421(f)(2)” in two places.Enacted provision · exact public law section
(9) Sections 7210, 7603, 7604(b), 7604(c)(2), 7605(a), 7609(c)(1), and 7610(c) of the 1986 Code are each amended by striking out “6421(f)(2)” and inserting in lieu thereof “6421(g)(2)”.Effective date note
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
16 of 18 references resolved to an enrolled provision · 1 partial · 1 unresolved
Editorial Notes
Amendments1956–1988 · 11 rounds
1988
Subsec. (a). Pub. L. 100–647, § 1017(c)(12), made technical correction to language of Pub. L. 99–514, § 1703(e)(2)(G), see 1986 Amendment note below.
Pub. L. 100–647, § 1017(c)(9), substituted “6421(g)(2)” for “6421(f)(2)” in two places.
1986
Subsec. (a). Pub. L. 99–514, as amended by Pub. L. 100–647, § 1017(c)(12), substituted “6427(j)(2)” for “6427(i)(2)” in two places.
1984
Subsec. (a). Pub. L. 98–369, § 911(d)(2)(G), substituted “6427(i)(2)” for “6427(h)(2)” in two places.
Subsec. (c). Pub. L. 98–369, § 1033(c)(1), amended subsec. (c) generally, substituting a cross reference relating to church tax inquiries for provisions relating to church tax inquiries.
1983
Subsec. (a). Pub. L. 97–424 struck out “6424(d)(2),” after “6421(f)(2),” wherever appearing.
1980
Subsec. (a). Pub. L. 96–223 substituted “6427(h)(2)” for “6427(g)(2)” wherever appearing.
1978
Subsec. (a). Pub. L. 95–599 substituted “6427(g)(2)” for “6427(f)(2)” wherever appearing.
1976
Subsec. (a). Pub. L. 94–530 substituted “6427(f)(2)” for “6427(e)(2)” wherever appearing.
Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
Subsecs. (b), (c). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
1970
Subsec. (a). Pub. L. 91–258 inserted references to section 6427(e)(2).
1969
Subsec. (c). Pub. L. 91–172 added subsec. (c).
1965
Subsec. (a). Pub. L. 89–44 inserted references to section 6424(d)(2).
1956
Subsec. (a). Act , inserted references to section 6421(f)(2).
Act , inserted references to section 6420(e)(2) in second sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–514 applicable to gasoline removed (as defined in section 4082 of this title as amended by section 1703 of Pub. L. 99–514) after , see section 1703(h) of Pub. L. 99–514, set out as a note under section 4081 of this title.
Effective Date of 1984 Amendment
Amendment by section 911(d)(2)(G) of Pub. L. 98–369 effective , see section 911(e) of Pub. L. 98–369, set out as a note under section 6427 of this title.
Amendment by section 1033(c)(1) of Pub. L. 98–369 applicable with respect to inquiries and examinations beginning after , see section 1033(d) of Pub. L. 98–369, set out as an Effective Date note under section 7611 of this title.
Effective Date of 1983 Amendment
Amendment by Pub. L. 97–424 applicable with respect to articles sold after , see section 515(c) of Pub. L. 97–424, set out as a note under section 34 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–223 effective , see section 232(h)(2) of Pub. L. 96–223, set out as a note under section 6427 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–599 effective , see section 505(d) of Pub. L. 95–599, set out as a note under section 6427 of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–530 effective , see section 1(d) of Pub. L. 94–530, set out as a note under section 4041 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–258 effective , see section 211(a) of Pub. L. 91–258, set out as a note under section 4041 of this title.
Effective Date of 1969 Amendment
Amendment by Pub. L. 91–172 applicable to taxable years beginning after , see section 121(g) of Pub. L. 91–172, set out as a note under section 511 of this title.
Effective Date of 1965 Amendment
Amendment by Pub. L. 89–44 effective , see section 701(a)(1), (2), of Pub. L. 89–44, set out as a note under section 4161 of this title.
Effective Date of 1956 Amendment
Amendment by act , effective , see section 211 of act , set out as a note under section 4041 of this title.
Regulations
Pub. L. 100–647, title VI, § 6228(b), , 102 Stat. 3732, provided that: “The Secretary of the Treasury or the Secretary’s delegate shall issue regulations to implement subsection (a) of section 7605 of the 1986 Code (relating to time and place of examination) within 1 year after the date of the enactment of this Act [].”
Credits
1954–1988 · 14 acts
- 1954Aug. 16, 1954, ch. 736, 68A Stat. 902
- 1956Apr. 2, 1956, ch. 160, § 4(i), 70 Stat. 91
- 1956June 29, 1956, ch. 462, title II, § 208(d)(4), 70 Stat. 396
- 1965Pub. L. 89–44, title II, § 202(c)(4), , 79 Stat. 139
- 1969Pub. L. 91–172, title I, § 121(f), , 83 Stat. 548
- 1970Pub. L. 91–258, title II, § 207(d)(9), , 84 Stat. 249
- 1976Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834
- 1976Pub. L. 94–530, § 1(c)(6), , 90 Stat. 2488
- 1978Pub. L. 95–599, title V, § 505(c)(5), , 92 Stat. 2760
- 1980Pub. L. 96–223, title II, § 232(d)(4)(E), , 94 Stat. 278
- 1983Pub. L. 97–424, title V, § 515(b)(12), , 96 Stat. 2182
- 1984Pub. L. 98–369, div. A, title IX, § 911(d)(2)(G), title X, § 1033(c)(1), , 98 Stat. 1007, 1039
- 1986Pub. L. 99–514, title XVII, § 1703(e)(2)(G), , 100 Stat. 2778
- 1988Pub. L. 100–647, title I, § 1017(c)(9), (12), , 102 Stat. 3576, 3577.
Show as published
(Aug. 16, 1954, ch. 736, 68A Stat. 902; Apr. 2, 1956, ch. 160, § 4(i), 70 Stat. 91; June 29, 1956, ch. 462, title II, § 208(d)(4), 70 Stat. 396; Pub. L. 89–44, title II, § 202(c)(4), , 79 Stat. 139; Pub. L. 91–172, title I, § 121(f), , 83 Stat. 548; Pub. L. 91–258, title II, § 207(d)(9), , 84 Stat. 249; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834; Pub. L. 94–530, § 1(c)(6), , 90 Stat. 2488; Pub. L. 95–599, title V, § 505(c)(5), , 92 Stat. 2760; Pub. L. 96–223, title II, § 232(d)(4)(E), , 94 Stat. 278; Pub. L. 97–424, title V, § 515(b)(12), , 96 Stat. 2182; Pub. L. 98–369, div. A, title IX, § 911(d)(2)(G), title X, § 1033(c)(1), , 98 Stat. 1007, 1039; Pub. L. 99–514, title XVII, § 1703(e)(2)(G), , 100 Stat. 2778; Pub. L. 100–647, title I, § 1017(c)(9), (12), , 102 Stat. 3576, 3577.)