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26 U.S.C. § 7433ACivil damages for certain unauthorized collection actions by persons performing services under qualified tax collection contracts

submitted 22 years ago by Pub. L. 108-357 to r/title-26-INTERNAL-REVENUE-CODE · 151 words · no verdicts yet

in plain englishAI-generated · not legal advice

Private debt collectors working under IRS tax collection contracts can be sued the same way IRS employees can under section 7433. But the lawsuit targets the private contractor, not the United States, and that contractor pays any damages. This isn't the taxpayer's only possible remedy against that contractor.

(a) In general: Subject to the changes described in subsection (b), section 7433's rules for unauthorized collection actions apply to anyone performing services under a "qualified tax collection contract" (as defined in section 6306(b)) the same way they would apply to an IRS employee. (b) Modifications: (1) A civil action brought under section 7433 because of this section must be filed against the person who entered into the qualified tax collection contract with the Secretary — not against the United States. (2) That person, not the United States, is liable for any damages and costs the court determines. (3) This civil action is not the taxpayer's exclusive remedy against that person — other remedies may still apply. (4) Subsections (c) (payment authority), (d)(1) (exhaustion of administrative remedies), and (e) (bankruptcy violations) of section 7433 don't apply.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Subject to the modifications provided by subsection (b), section 7433 shall apply to the acts and omissions of any person performing services under a qualified tax collection contract (as defined in section 6306(b)) to the same extent and in the same manner as if such person were an employee of the Internal Revenue Service.

(b) Modifications

For purposes of subsection (a):

(1)

Any civil action brought under section 7433 by reason of this section shall be brought against the person who entered into the qualified tax collection contract with the Secretary and shall not be brought against the United States.

(2)

Such person and not the United States shall be liable for any damages and costs determined in such civil action.

(3)

Such civil action shall not be an exclusive remedy with respect to such person.

(4)

Subsections (c), (d)(1), and (e) of section 7433 shall not apply.

Source credit: (Added Pub. L. 108–357, title VIII, § 881(b)(1), Oct. 22, 2004, 118 Stat. 1626.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-357 · 118 Stat. 1626

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-357 on 2004-10-22.

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