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31 U.S.C. § 330Practice before the Department

submitted 44 years ago by Pub. L. 97-258 to r/title-31-MONEY-AND-FINANCE · 391 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Treasury Secretary can regulate who represents people before the Department. Representatives must show good character, reputation, skill, and competence before being allowed to practice. The Secretary can suspend, disbar, fine, or censure representatives who break the rules.

(a) Subject to section 500 of title 5, the Secretary of the Treasury may (1) regulate how representatives practice before the Department, and (2) before letting someone represent others, require them to show (A) good character, (B) good reputation, (C) the qualifications needed to give valuable service, and (D) the competence to advise and help people present their cases. (b) People properly licensed as enrolled agents under these rules may use the titles "enrolled agent," "EA," or "E.A." (c) After giving notice and a chance for a hearing, the Secretary may suspend, disbar, or censure a representative who (1) is incompetent, (2) is disreputable, (3) breaks the rules made under this section, or (4) intentionally and dishonestly misleads or threatens the person they represent, or a prospective client. The Secretary may also fine that representative. If the representative was working for an employer, firm, or other entity when this happened, the Secretary may also fine that employer, firm, or entity if it knew -- or should have known -- about the misconduct. The fine cannot exceed the income earned (or to be earned) from the bad conduct, and it can be on top of, or instead of, suspension, disbarment, or censure. (d) After giving notice and a chance for a hearing, the Secretary may (1) say that an appraiser's appraisals count for nothing in an administrative proceeding before the Department or the IRS, and (2) bar that appraiser from giving evidence or testimony in such a proceeding. (e) Nothing in this section, or in any other law, limits the Secretary's power to set standards for written tax advice about any deal, transaction, or arrangement the Secretary decides could be used to avoid or evade taxes.
the actual law source: uscode.house.gov ↗public domain
(a)

Subject to section 500 of title 5, the Secretary of the Treasury may—

(1)

regulate the practice of representatives of persons before the Department of the Treasury; and

(2)

before admitting a representative to practice, require that the representative demonstrate—

(A)

good character;

(B)

good reputation;

(C)

necessary qualifications to enable the representative to provide to persons valuable service; and

(D)

competency to advise and assist persons in presenting their cases.

(b)

Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of “enrolled agent”, “EA”, or “E.A.”.

(c)

After notice and opportunity for a proceeding, the Secretary may suspend or disbar from practice before the Department, or censure, a representative who—

(1)

is incompetent;

(2)

is disreputable;

(3)

violates regulations prescribed under this section; or

(4)

with intent to defraud, willfully and knowingly misleads or threatens the person being represented or a prospective person to be represented.

The Secretary may impose a monetary penalty on any representative described in the preceding sentence. If the representative was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. Such penalty shall not exceed the gross income derived (or to be derived) from the conduct giving rise to the penalty and may be in addition to, or in lieu of, any suspension, disbarment, or censure of the representative.

(d)

After notice and opportunity for a hearing to any appraiser, the Secretary may—

(1)

provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and

(2)

bar such appraiser from presenting evidence or testimony in any such proceeding.

(e)

Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion.

Source credit: (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 884; Pub. L. 98–369, div. A, title I, § 156(a), July 18, 1984, 98 Stat. 695; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 108–357, title VIII, § 822(a)(1), (b), Oct. 22, 2004, 118 Stat. 1586, 1587; Pub. L. 109–280, title XII, § 1219(d), Aug. 17, 2006, 120 Stat. 1085; Pub. L. 114–113, div. Q, title IV, § 410, Dec. 18, 2015, 129 Stat. 3121.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 97-258 · 96 Stat. 884
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 695
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
  • 2004Amended · Pub. L. 108-357 · 118 Stat. 1586, 1587
  • 2006Amended · Pub. L. 109-280 · 120 Stat. 1085
  • 2015Amended · Pub. L. 114-113 · 129 Stat. 3121

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-258 on 1982-09-13.

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