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26 USC § 7604 - Enforcement of summons

---
identifier: "/us/usc/t26/s7604"
source: "usc"
legal_status: "official_prima_facie"
title: "26 USC § 7604 - Enforcement of summons"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
section_number: "7604"
section_name: "Enforcement of summons"
chapter_number: 78
chapter_name: "DISCOVERY OF LIABILITY AND ENFORCEMENT OF TITLE"
subchapter_number: "A"
subchapter_name: "Examination and Inspection"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 16, 1954, ch. 736, 68A Stat. 902; Apr. 2, 1956, ch. 160, § 4(i), 70 Stat. 91; June 29, 1956, ch. 462, title II, § 208(d)(4), 70 Stat. 396; Pub. L. 89–44, title II, § 202(c)(4), June 21, 1965, 79 Stat. 139; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 91–258, title II, § 207(d)(9), May 21, 1970, 84 Stat. 249; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 94–530, § 1(c)(6), Oct. 17, 1976, 90 Stat. 2488; Pub. L. 95–599, title V, § 505(c)(5), (6), Nov. 6, 1978, 92 Stat. 2760; Pub. L. 96–223, title II, § 232(d)(4)(E), Apr. 2, 1980, 94 Stat. 278; Pub. L. 97–424, title V, § 515(b)(12), Jan. 6, 1983, 96 Stat. 2182; Pub. L. 98–369, div. A, title IX, § 911(d)(2)(G), July 18, 1984, 98 Stat. 1007; Pub. L. 99–514, title XVII, § 1703(e)(2)(G), Oct. 22, 1986, 100 Stat. 2778; Pub. L. 100–647, title I, § 1017(c)(9), (12), Nov. 10, 1988, 102 Stat. 3576, 3577; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)"
---

# § 7604. Enforcement of summons

**(a)** **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.

**(b)** **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.

**(c)** **Cross references**

**(1)** **Authority to issue orders, processes, and judgments** For authority of district courts generally to enforce the provisions of this title, see section 7402.

**(2)** **Penalties** For penalties applicable to violation of section 6420(e)(2), 6421(g)(2), 6427(j)(2), or 7602, see section 7210.

---

**Source Credit**: (Aug. 16, 1954, ch. 736, 68A Stat. 902; Apr. 2, 1956, ch. 160, § 4(i), 70 Stat. 91; June 29, 1956, ch. 462, title II, § 208(d)(4), 70 Stat. 396; Pub. L. 89–44, title II, § 202(c)(4), June 21, 1965, 79 Stat. 139; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 91–258, title II, § 207(d)(9), May 21, 1970, 84 Stat. 249; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 94–530, § 1(c)(6), Oct. 17, 1976, 90 Stat. 2488; Pub. L. 95–599, title V, § 505(c)(5), (6), Nov. 6, 1978, 92 Stat. 2760; Pub. L. 96–223, title II, § 232(d)(4)(E), Apr. 2, 1980, 94 Stat. 278; Pub. L. 97–424, title V, § 515(b)(12), Jan. 6, 1983, 96 Stat. 2182; Pub. L. 98–369, div. A, title IX, § 911(d)(2)(G), July 18, 1984, 98 Stat. 1007; Pub. L. 99–514, title XVII, § 1703(e)(2)(G), Oct. 22, 1986, 100 Stat. 2778; Pub. L. 100–647, title I, § 1017(c)(9), (12), Nov. 10, 1988, 102 Stat. 3576, 3577; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

## Editorial Notes

### Amendments

1988—Subsecs. (b), (c)(2). , made technical correction to language of , see 1986 Amendment note below.

, substituted “6421(g)(2)” for “6421(f)(2)”.

1986—Subsecs. (b), (c)(2). , as amended by , substituted “6427(j)(2)” for “6427(i)(2)”.

1984—Subsecs. (b), (c)(2).  substituted “6427(i)(2)” for “6427(h)(2)”.

1983—Subsecs. (b), (c)(2).  struck out “6424(d)(2),” after “6421(f)(2),”.

1980—Subsecs. (b), (c)(2).  substituted “6427(h)(2)” for “6427(g)(2)”.

1978—Subsec. (b). , substituted “6427(g)(2)” for “6427(f)(2)”.

Subsec. (c)(2). , substituted “6427(g)(2)” for “6427(e)(2)”.

1976—Subsec. (b).  substituted “6427(f)(2)” for “6427(e)(2)”.

struck out “or his delegate” after “Secretary”.

1970—Subsecs. (b), (c).  inserted references to section 6427(e)(2).

1965—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

“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

Amendment 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

Amendment by  applicable to gasoline removed (as defined in  as amended by ) after , see , set out as a note under .

### Effective Date of 1984 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1983 Amendment

Amendment by  applicable with respect to articles sold after , see , set out as a note under .

### Effective Date of 1980 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1978 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1976 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1970 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1965 Amendment

Amendment by  effective , see section 701(a)(1), (2), of , set out as a note under .

### Effective Date of 1956 Amendment

Amendment by act , effective , see section 211 of act , set out as a note under .