Jurisdiction of district court
If any person is summoned under the internal revenue laws to appear, to testify, or to produce books, papers, records, or other data, the United States district court for the district in which such person resides or is found shall have jurisdiction by appropriate process to compel such attendance, testimony, or production of books, papers, records, or other data.
Enforcement
Whenever any person summoned under section 6420(e)(2), 6421(g)(2), 6427(j)(2), or 7602 neglects or refuses to obey such summons, or to produce books, papers, records, or other data, or to give testimony, as required, the Secretary may apply to the judge of the district court or to a United States magistrate judge for the district within which the person so summoned resides or is found for an attachment against him as for a contempt. It shall be the duty of the judge or magistrate judge to hear the application, and, if satisfactory proof is made, to issue an attachment, directed to some proper officer, for the arrest of such person, and upon his being brought before him to proceed to a hearing of the case; and upon such hearing the judge or the United States magistrate judge shall have power to make such order as he shall deem proper, not inconsistent with the law for the punishment of contempts, to enforce obedience to the requirements of the summons and to punish such person for his default or disobedience.
Cross references
Authority to issue orders, processes, and judgments
For authority of district courts generally to enforce the provisions of this title, see section 7402.
Penalties
For penalties applicable to violation of section 6420(e)(2), 6421(g)(2), 6427(j)(2), or 7602, see section 7210.
Aug. 16, 1954, ch. 73668A Stat. 902Apr. 2, 1956, ch. 160, § 4(i)70 Stat. 91June 29, 1956, ch. 46270 Stat. 396Pub. L. 89–44, title II, § 202(c)(4)79 Stat. 139Pub. L. 90–578, title IV, § 402(b)(2)82 Stat. 1118Pub. L. 91–258, title II, § 207(d)(9)84 Stat. 249Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834Pub. L. 94–530, § 1(c)(6)90 Stat. 2488Pub. L. 95–599, title V, § 505(c)(5)92 Stat. 2760Pub. L. 96–223, title II, § 232(d)(4)(E)94 Stat. 278Pub. L. 97–424, title V, § 515(b)(12)96 Stat. 2182Pub. L. 98–369, div. A, title IX, § 911(d)(2)(G)98 Stat. 1007Pub. L. 99–514, title XVII, § 1703(e)(2)(G)100 Stat. 2778Pub. L. 100–647, title I, § 1017(c)(9)102 Stat. 3576Pub. L. 101–650, title III, § 321104 Stat. 5117(, ; , ; , title II, § 208(d)(4), ; , , ; , , ; , , ; , , ; , , ; , (6), , ; , , ; , , ; , , ; , , ; , (12), , , 3577; , , .)
Editorial Notes
Amendments
Pub. L. 100–647, § 1017(c)(12)Pub. L. 99–514, § 1703(e)(2)(G)1988—Subsecs. (b), (c)(2). , made technical correction to language of , see 1986 Amendment note below.
Pub. L. 100–647, § 1017(c)(9), substituted “6421(g)(2)” for “6421(f)(2)”.
Pub. L. 99–514Pub. L. 100–647, § 1017(c)(12)1986—Subsecs. (b), (c)(2). , as amended by , substituted “6427(j)(2)” for “6427(i)(2)”.
Pub. L. 98–3691984—Subsecs. (b), (c)(2). substituted “6427(i)(2)” for “6427(h)(2)”.
Pub. L. 97–4241983—Subsecs. (b), (c)(2). struck out “6424(d)(2),” after “6421(f)(2),”.
Pub. L. 96–2231980—Subsecs. (b), (c)(2). substituted “6427(h)(2)” for “6427(g)(2)”.
Pub. L. 95–599, § 505(c)(5)1978—Subsec. (b). , substituted “6427(g)(2)” for “6427(f)(2)”.
Pub. L. 95–599, § 505(c)(6)Subsec. (c)(2). , substituted “6427(g)(2)” for “6427(e)(2)”.
Pub. L. 94–5301976—Subsec. (b). substituted “6427(f)(2)” for “6427(e)(2)”.
Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
Pub. L. 91–2581970—Subsecs. (b), (c). inserted references to section 6427(e)(2).
Pub. L. 89–441965—Subsecs. (b), (c). inserted references to section 6424(d)(2).
1956—Subsecs. (b), (c). Act , inserted references to section 6420(e)(2).
Act , inserted references to section 6421(f)(2).
Statutory Notes and Related Subsidiaries
Change of Name
section 321 of Pub. L. 101–650section 631 of Title 28Pub. L. 90–578“United States magistrate judge” and “magistrate judge” substituted for “United States magistrate” and “magistrate”, respectively, wherever appearing in subsec. (b) pursuant to , set out as a note under , Judiciary and Judicial Procedure. Previously, “United States magistrate” and “magistrate” substituted for “United States commissioner” and “commissioner”, respectively, pursuant to . See chapter 43 (§ 631 et seq.) of Title 28.
Effective Date of 1988 Amendment
Pub. L. 100–647Pub. L. 99–514section 1019(a) of Pub. L. 100–647section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .
Effective Date of 1986 Amendment
Pub. L. 99–514section 4082 of this titlesection 1703 of Pub. L. 99–514section 1703(h) of Pub. L. 99–514section 4081 of this titleAmendment by applicable to gasoline removed (as defined in as amended by ) after , see , set out as a note under .
Effective Date of 1984 Amendment
Pub. L. 98–369section 911(e) of Pub. L. 98–369section 6427 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1983 Amendment
Pub. L. 97–424section 515(c) of Pub. L. 97–424section 34 of this titleAmendment by applicable with respect to articles sold after , see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–223section 232(h)(2) of Pub. L. 96–223section 6427 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1978 Amendment
Pub. L. 95–599section 505(d) of Pub. L. 95–599section 6427 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1976 Amendment
Pub. L. 94–530section 1(d) of Pub. L. 94–530section 4041 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1970 Amendment
Pub. L. 91–258section 211(a) of Pub. L. 91–258section 4041 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1965 Amendment
Pub. L. 89–44Pub. L. 89–44section 4161 of this titleAmendment by effective , see section 701(a)(1), (2), of , set out as a note under .
Effective Date of 1956 Amendment
section 4041 of this titleAmendment by act , effective , see section 211 of act , set out as a note under .