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###### Department of the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Notice and request for comments.

# SUMMARY:

This final regulation relates to the disclosure of returns and return information to a designee of the taxpayer. The regulation provides guidance to IRS employees responsible for disclosing returns and return information and to taxpayers who wish to designate a person or persons to whom returns and return information may be disclosed.

Currently, the IRS is soliciting comments concerning an existing final regulation, TD 9054, Disclosure of Returns and Return Information to Designee of Taxpayer.

# DATES:

Written comments should be received on or before September 21, 2009 to be assured of consideration.

# ADDRESSES:

Direct all written comments to R. Joseph Durbala, Internal Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224.

# FOR FURTHER INFORMATION CONTACT:

                        Requests for additional information or copies of this regulation should be directed to Robert Kennedy at Internal Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or at (202)622-3403, or through the Internet at                         *(Robert.J.Kennedy@irs.gov).*

# SUPPLEMENTARY INFORMATION:

*Title:*                     Disclosure of Returns and Return Information to Designee of Taxpayer.                

*OMB Number:*                     1545-1816.                

*Regulation Project Number:*                     TD 9054                

*Abstract:*                     Under section 6103(a), returns and return information are confidential unless disclosure is otherwise authorized by the Code. Section 6103(c), as amended in 1996 by section 1207 of the Taxpayer Bill of Rights II, Public Law 104-168 (110 Stat. 1452), authorizes the IRS to disclose returns and return information to such person or persons as the taxpayer may designate in a request for or consent to disclosure, or to any other person at the taxpayer's request to the extent necessary to comply with a request for information or assistance made by the taxpayer to such other person. Disclosure is permitted subject to such requirements and conditions as may be prescribed by regulations. With the amendment in 1996, Congress eliminated the longstanding requirement that disclosures to designees of the taxpayer must be pursuant to the written request or consent of the taxpayer.                

*Current Actions:*                     There is no change to this final regulation.                

*Type of Review:*                     Extension of currently approved collection.                

*Affected Public:*                     Individuals or households, business or other not-for-profit institutions, farms, and Federal, state, local or tribal governments.                

*Estimated Number of Respondents:*                     4,000.                

*Estimated Time Per Respondent:*                     12 minutes.                

*Estimated Total Annual Burden Hours:*                     800.                

The following paragraph applies to all of the collections of information covered by this notice:

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

*Request For Comments:*                     Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.                

Approved: July 16, 2009.

R. Joseph Durbala,

IRS Reports Clearance Officer.

[FR Doc. E9-17480 Filed 7-22-09; 8:45 am]

BILLING CODE 4830-01-P