PRIA, Government Policy, Made Personal

Summary

Tax Court reports, hearing transcripts, and the evidence given in cases must be open for the public to look at, unless the rules below apply. To protect trade secrets or other confidential information, the court can order special protections, including sealing documents so only the court can allow access. Once a decision is final, the court may allow the taxpayer or the Secretary to take back original books, records, models, diagrams, and other exhibits introduced as evidence, or the court may decide another proper way to handle them.

Title 26, §7461

Internal Revenue Code, Source: USLM XML via OLRC

(a)General rule

Except as provided in subsection (b), all reports of the Tax Court and all evidence received by the Tax Court and its divisions, including a transcript of the stenographic report of the hearings, shall be public records open to the inspection of the public.

(b)Exceptions

(1)Trade secrets or other confidential information

The Tax Court may make any provision which is necessary to prevent the disclosure of trade secrets or other confidential information, including a provision that any document or information be placed under seal to be opened only as directed by the court.

(2)Evidence, etc.

After the decision of the Tax Court in any proceeding has become final, the Tax Court may, upon motion of the taxpayer or the Secretary, permit the withdrawal by the party entitled thereto of originals of books, documents, and records, and of models, diagrams, and other exhibits, introduced in evidence before the Tax Court or any division; or the Tax Court may, on its own motion, make such other disposition thereof as it deems advisable.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Pub. L. 98–369, in amending section generally, designated existing provisions as subsecs. (a) and (b)(2), added subsec. (b)(1), and in subsec. (b)(2), as so designated, struck out reference to the Secretary’s delegate. 1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 Amendment Pub. L. 98–369, div. A, title IV, § 465(b),

July 18, 1984, 98 Stat. 825, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [

July 18, 1984].”

§7461 Publicity of Proceedings