§7402 — Title 26 Internal Revenue Code | U.S. Code

Summary

When the United States asks, federal district courts can make orders, injunctions, appoint receivers, and enter judgments needed to enforce the tax laws. These powers are extra and do not replace any other ways the government can enforce taxes. If the United States claims property because it enforced a tax lien, district courts can hear cases to clear who owns it. For general rules about court power in tax cases, see section 1340 of title 28. If someone is ordered under the tax laws to appear, testify, or give books, papers, or other data, the district court where that person lives or can be found can force them to comply. A federal officer or employee, or someone acting for them, who is injured or whose property is damaged while doing their job can sue for damages in the district where the person who caused the harm lives or can be found.

Title 26, §7402

Internal Revenue Code — Source: USLM XML via OLRC

(a)The district courts of the United States at the instance of the United States shall have such jurisdiction to make and issue in civil actions, writs and orders of injunction, and of ne exeat republica, orders appointing receivers, and such other orders and processes, and to render such judgments and decrees as may be necessary or appropriate for the enforcement of the internal revenue laws. The remedies hereby provided are in addition to and not exclusive of any and all other remedies of the United States in such courts or otherwise to enforce such laws.

(b)If any person is summoned under the internal revenue laws to appear, to testify, or to produce books, papers, or other data, the district court of the United States for the district in which such person resides or may be found shall have jurisdiction by appropriate process to compel such attendance, testimony, or production of books, papers, or other data.

(c)Any officer or employee of the United States acting under authority of this title, or any person acting under or by authority of any such officer or employee, receiving any injury to his person or property in the discharge of his duty shall be entitled to maintain an action for damages therefor, in the district court of the United States, in the district wherein the party doing the injury may reside or shall be found.

[(d)

(e)The United States district courts shall have jurisdiction of any action brought by the United States to quiet title to property if the title claimed by the United States to such property was derived from enforcement of a lien under this title.

(f)For general jurisdiction of the district courts of the United States in civil actions involving internal revenue, see section 1340 of title 28 of the United States Code.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1972—Subsec. (d). Pub. L. 92–310 repealed subsec. (d) which granted district courts jurisdiction of actions brought on official bonds. 1966—Subsecs. (e), (f). Pub. L. 89–719 added subsec. (e) and redesignated former subsec. (e) as (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 1966 AmendmentAmendment by Pub. L. 89–719 applicable after Nov. 2, 1966, regardless of when title or lien of United States arose or when lien or interest of another person was acquired, with certain exceptions, see section 114(a)–(c) of Pub. L. 89–719, set out as a note under section 6323 of this title.

§7402 Jurisdiction of district courts