Case: IRS Bank Summons on Behalf of Spain for Nonresident Individual’s Records Was Upheld, IRS Acted in Good Faith (S.D. Fla.) (IRC §7602)

IRS bank summons issued on behalf of Spain to nonresident individual’s (Petitioner) Florida bank was issued in good faith because there was a legitimate purpose for the investigation, and Petitioner failed to show that enforcement of the summons would be an abuse of the court’s discretion, the magistrate court held on June 7, recommending that the IRS’s motion to dismiss Petitioner’s motion to squash summons be granted. Petitioner was subject to the United States-Spain Treaty because bank information maintained within the United States is within the scope of the U.S.-Spain treaty regardless of Petitioner’s nonresidency status in both countries. [Rabassa ...