Taxpayer’s Rights When a Third Party Summons is Issued
What are your rights as a taxpayer when a third party summons is issued?
Well, first of all, you must receive notice of the summons. Usually this is done by mail and comes to you within a few days after the summons is served on the third party. Next, if you feel that the summons is unnecessary or issued improperly, you may file a motion to quash the summons.
What is quash, you ask? Well, Black’s Legal Dictionary defines "quash" as meaning "to annul or make void." That’s a suprisingly simple legal definition, but basically, if you were successful in quashing the summons, the summons would no longer be valid and the third party would not be under any compulsion to provide information to the IRS.
There is a strict 20 day time limit you have to move to have the summons quashed.
[…] Post 2: Taxpayer’s Rights when a Third Party Summons is Issued […]
Pingback by Thoughts About Law, Business, Online Marketing & Life » IRS Summons Summary — October 5, 2007 @ 4:13 pm