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The tax cases that changed the rules, explained for the people living under them.

Collection, Liens and Levies

Polselli v. IRS: The IRS Can Summon Your Bank Records Without Telling You When It Is Collecting Someone Else's Tax

A revenue officer summoned the bank records of a debtor's wife, his lawyers and a company he used. Nobody got notice. A unanimous Supreme Court said none was required.

Case at a Glance

Case
Polselli v. Internal Revenue Service
Citation
598 U.S. 432 (2023)
Court
Supreme Court of the United States
Decided
May 18, 2023
Docket
No. 21-1599
Holding
The exception to the summons notice requirement in IRC § 7609(c)(2)(D)(i), for summonses issued in aid of collecting an assessment against the taxpayer, does not require that the delinquent taxpayer have a legal interest in the accounts or records summoned.

Status today: Current law. Lower courts now cite Polselli as abrogating the Ninth Circuit's former "legal interest" test. The Court expressly left open the precise outer limits of "in aid of the collection," so challenges at the margins remain possible.

Most people assume that if the IRS wants their bank records, they will at least be told. Usually that is true. When the IRS issues a summons to a third party, IRC § 7609(a)(1) generally requires notice to anyone identified in it, and that person can move to quash. But there is an exception for collection, and in Polselli v. IRS the Supreme Court read it broadly.

The Facts

Remo Polselli underpaid his federal taxes for multiple years between 2005 and 2017. The IRS assessed more than $2 million in taxes and penalties against him. Revenue Officer Michael Bryant was assigned to collect.

Bryant developed leads. He focused on bank accounts of Polselli's wife, Hanna Karcho Polselli. He knew Polselli had paid nearly $300,000 toward his taxes from an account owned by Dolce Hotel Management, LLC, and suspected Polselli controlled that company's money. He first summoned records from Abraham & Rose, PLC, a law firm Polselli had long used. The firm said it did not retain the documents.

Bryant then issued summonses to Wells Fargo for records of Mrs. Polselli and Dolce Hotel Management, and to JP Morgan Chase and Bank of America for bank statements relating to Polselli, the law firm and Jerry R. Abraham, P.C. He gave none of those third parties notice. The banks did. Mrs. Polselli and the law firm parties moved to quash in federal court in Michigan.

The District Court dismissed for lack of jurisdiction, because a motion to quash is available only to people entitled to notice. The Sixth Circuit affirmed over a dissent. The Ninth Circuit had adopted a different rule, requiring that the delinquent taxpayer have some legal interest in the summoned records before the no-notice exception applied.

The Issue

Does the collection exception to the notice requirement apply only when the delinquent taxpayer has a legal interest in the accounts or records the IRS summons?

The Holding

No. Chief Justice Roberts wrote for a unanimous Court: "A straightforward reading of the statutory text supplies a ready answer: The notice exception does not contain such a limitation." Justice Jackson, joined by Justice Gorsuch, concurred.

The Reasoning

Three conditions, none about legal interest

Section 7609(c)(2)(D)(i) excuses notice for a summons "issued in aid of the collection of ... an assessment made or judgment rendered against the person with respect to whose liability the summons is issued." The Court read that as three conditions. The summons must be issued in aid of collection. It must aid collection of an assessment or judgment. And the assessment or judgment must be against the same person whose liability the summons concerns. Nothing in those words requires the taxpayer to own or have an interest in the summoned records.

Congress knew how to say "interest"

The very next section of the Code, § 7610, which was enacted in the same 1976 law, denies reimbursement of summons compliance costs when the taxpayer "has a proprietary interest in" the records. Congress used interest language there and left it out of the notice exception. The Court assumed that choice was deliberate.

"In aid of" means help, not certainty

The petitioners argued a summons only aids collection if it targets an account the IRS could actually seize. The Court disagreed: "to 'aid' means '[t]o help' or 'assist.'" A summons that will not itself reveal collectible assets can still help find them. Records showing that Dolce Hotel Management paid Polselli's bills could lead the IRS to collect from that company as an alter ego, or point to other places assets were parked. The Court compared it to a detective ordering forensic tests that will not solve the crime on their own.

The second exception still has work to do

The petitioners argued the broad reading made the next clause, covering transferees and fiduciaries, pointless. The Court found two differences. Clause (i) requires an assessment or judgment, while clause (ii) applies to a liability that may not yet be assessed. And clause (i) concerns the taxpayer, while clause (ii) concerns transferees and fiduciaries. Each clause covers situations the other does not.

What the Court left open

The Court acknowledged concerns about the reach of the IRS summons power and said it was not defining "the precise contours" of "in aid of the collection." It answered only the question presented: no legal interest requirement.

What It Means for Taxpayers Today

Assessment changes the rules

The Court drew a clear line between two stages. When the IRS is determining whether you owe, a third-party summons generally requires notice to people identified in it. Once the tax is assessed and the IRS is collecting, notice may not be required at all. That shift happens quietly, the day the assessment posts.

Family and business associates are exposed

If you owe assessed taxes and a revenue officer believes you are using a spouse's account, a business, or a professional's trust account to move money, the IRS can summon those records without telling the account owners. They may find out only because the bank chooses to tell them, as happened here. After Polselli, they generally cannot go to court to quash.

This is how nominee and alter ego cases get built

Summoned records are often the first step toward a nominee lien or an alter ego levy, the theories that let the IRS reach property titled to someone else. You can see where those cases end up in G. M. Leasing Corp. v. United States and Drye v. United States.

Where the summons power comes from

The Court reminded readers how broad the underlying power is. Under IRC § 7602(a), the IRS may summon books, papers, records and other data, both to determine a taxpayer's liability and to collect it, and the summons can reach "any person" with relevant information, not just the taxpayer. Section 7609 adds the notice and motion to quash safeguards for third-party summonses. Polselli narrows those safeguards in the collection setting. It does not change what the IRS can ask for in the first place.

The practical lesson

Do not run your money through other people's accounts when you owe the IRS. It does not hide anything, it drags people you care about into the investigation, and it can turn a civil collection case into something much worse. If you have an assessed balance and a revenue officer assigned, the better path is a complete and honest collection information statement and a real resolution. Our article on dealing with a revenue officer explains how those cases tend to unfold.

If you are the third party

Not every summons falls within the exception. The IRS still needs an assessment or judgment against the person whose liability the summons concerns, and the summons must be in aid of collecting it. The Court left the outer limits of "in aid of" for another day. If you receive notice of a summons from a bank and you are not the taxpayer, talk to counsel quickly about whether the exception actually applies.

The Bottom Line

Polselli confirms that once the IRS is collecting an assessed tax, its summons power reaches the financial records of people around the taxpayer, often without notice and without a chance to object first. The Court opened its opinion with an old joke about paying taxes with a smile. The IRS does not take smiles. It takes records, and after Polselli, it can take them from almost anyone who might help it find the money.

Frequently Asked Questions

Does the IRS have to notify me before summoning my bank records?

Generally yes under IRC § 7609(a)(1), but § 7609(c)(2)(D)(i) excuses notice for summonses issued in aid of collecting an assessment or judgment against the taxpayer. Polselli v. IRS, 598 U.S. 432 (2023), held that exception applies even if the taxpayer has no legal interest in the summoned records.

Can I move to quash an IRS summons if I did not get notice?

Only people entitled to notice can bring a motion to quash under § 7609(b)(2)(A). If the collection exception applies, a third party is not entitled to notice and generally cannot move to quash.

Does Polselli apply when the IRS is still auditing?

The collection exception requires an assessment made or judgment rendered against the taxpayer. When the IRS is still determining liability, the Court noted that notice is generally required.

Did the Court set limits on "in aid of the collection"?

It declined to define the precise contours of that phrase. It decided only that no legal interest requirement exists.