§9010 — Title 26 Internal Revenue Code | U.S. Code

Summary

The Commission can hire lawyers to represent it in court in cases brought under section 9011. It may hire its own staff or outside lawyers and set their pay without following the usual federal hiring and pay rules. Those lawyers can go to U.S. district courts to try to recover money found payable to the Treasury after audits under section 9007. The Commission can also ask federal courts for rulings or injunctions about civil matters under this subtitle or section 6096. Such cases can be heard by a three‑judge court under 28 U.S.C. 2284, and appeals go to the Supreme Court. The Commission may also appeal or ask the Supreme Court to review judgments in cases where it appears.

Title 26, §9010

Internal Revenue Code — Source: USLM XML via OLRC

(a)The Commission is authorized to appear in and defend against any action filed under section 9011, either by attorneys employed in its office or by counsel whom it may appoint without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title.

(b)The Commission is authorized through attorneys and counsel described in subsection (a) to appear in the district courts of the United States to seek recovery of any amounts determined to be payable to the Secretary of the Treasury as a result of examination and audit made pursuant to section 9007.

(c)The Commission is authorized through attorneys and counsel described in subsection (a) to petition the courts of the United States for declaratory or injunctive relief concerning any civil matter covered by the provisions of this subtitle or section 6096. Upon application of the Commission an action brought pursuant to this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court.

(d)The Commission is authorized on behalf of the United States to appeal from, and to petition the Supreme Court for certiorari to review, judgments or decrees entered with respect to actions in which it appears pursuant to the authority provided in this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (c). Pub. L. 98–620 struck out provision requiring the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. 1976—Subsec. (b). Pub. L. 94–455 substituted “to the Secretary of the Treasury” for “to the Secretary”. 1974—Pub. L. 93–443, § 404(c)(14), substituted “Commission” for “Comptroller General” in section catchline. Subsec. (a). Pub. L. 93–443, § 404(c)(15), substituted “Commission” for “Comptroller General”, “its” for “his”, and “it” for “he” wherever appearing. Subsecs. (b), (c). Pub. L. 93–443, § 404(c)(16), (17), substituted “Commission” for “Comptroller General” wherever appearing. Subsec. (d). Pub. L. 93–443, § 404(c)(18), substituted “Commission” and “it” for “Comptroller General” and “he”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an

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note under section 1657 of Title 28, Judiciary and Judicial Procedure.

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of 1974 AmendmentAmendment by Pub. L. 93–443 applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.

§9010 Participation by Commission in judicial proceedings

Summary

Title 26, §9010

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

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