return may make and take a copy thereof or a memorandum of data contained therein. . . (Art. 1090.)

....

An executrix of the estate of a deceased partner requested that the firm's return be sent to the local collector's office for her inspection. This request was denied. (C. B. III-1, 374; I. T. 1972.)

INSPECTION OF RETURNS BY VARIOUS FEDERAL AGENCIES.—

REGULATION. . . . 13. When the head of an executive department (other than the Treasury Department) or of any other United States Government establishment desires to inspect or to have some other officer or employee of his branch of the service inspect a return in connection with some matter officially before him, the inspection may, in the discretion of the Secretary of the Treasury, be permitted upon written application to him by the head of such executive department or other Government establishment. The application must be signed by such head and must show in detail why the inspection is. desired, the name and address of the taxpayer who made the return, and the name and official designation of the one it is desired shall inspect the return. When the head of a bureau or office in the Treasury Department, not a part of the Internal Revenue Bureau, desires to inspect a return in connection with some matter officially before him, other than an income, profits tax, or corporation excise tax matter, the inspection may, in the discretion of the Secretary, be permitted upon written application to him by the head of such bureau or office, showing in detail why the inspection is desired. . . . . (Art. 1090.)

The right of "the head of an executive department (other than the Treasury Department) or of any other United States Government establishment," to inspect tax returns is not solely within the discretion of the Secretary of the Treasury, but is always subject to the "order of the President" as well.

INSPECTION OF INDIVIDUAL RETURNS.

REGULATION.

5. The return of an individual shall be open to inspection (a) by the person who made the return, or by his duly constituted attorney in fact; (b) if the maker of the return has died, by the administrator, executor, or trustee of his estate, or by the duly constituted attorney in fact of such administrator, executor, or trustee; and (c) in the discretion of the Commissioner of Internal Revenue, by any heir at law or next of kin of such deceased person, upon a showing that such heir at law or next of kin has a material interest which will be affected by information contained in the return, or by the duly constituted attorney in fact of such heir at law or next of kin.

6. A joint return of a husband and wife shall be open to inspection (a) by either spouse for whom the return was made, upon satisfactory evidence of such relationship being furnished, or by his or her duly constituted attorney in fact; (b) if either spouse has died, by the administrator, executor, or trustee of his or her estate, or by the duly constituted attorney in fact of such administrator, executor, or trustee; and

(c) in the discretion of the Commissioner of Internal Revenue, by any heir at law or next of kin of such deceased spouse, upon a showing that such heir at law or next of kin has a material interest which will be affected by information contained in the return, or by the duly constituted attorney in fact of such heir at law or next of kin. . . .. (Art. 1090.)

Not even the officers of a state imposing an income tax have been granted the right of access to individual returns.

RULINGS. There is no authority under the law or regulations for furnishing copies of returns of a deceased taxpayer to his children as such. However, inspection of such returns may be had by one of the children as heir at law or next of kin upon a showing of a material interest which will be affected by information contained in the returns. (C. B. III-2, 327; S. M. 1992.)

Guardians who filed a ward's return for 1923 are entitled to examine the returns of their ward which were filed by another guardian in previous years, provided satisfactory evidence of the present guardianship is furnished. (C. B. III-2, 327; S. M. 2353.)

INSPECTION OF PARTNERSHIP RETURNS.

REGULATION.

7. The return of a partnership shall be open to inspection (a) by any individual who was a member of such partnership during any part of the time covered by the return, upon satisfactory evidence of such fact being furnished, or by his duly constituted attorney in fact; (b) if a member of such partnership during any part of the time covered by the return has died, by the administrator, executor, or trustee of his estate, or by the duly constituted attorney in fact of such administrator, executor, or trustee; and (c) in the discretion of the Commissioner of Internal Revenue, by any heir at law or next of kin of such deceased person, upon a showing that such heir at law or next of kin has a material interest which will be affected by information contained in the return, or by the duly constituted attorney in fact of such heir at law or next of kin. . . . (Art. 1090.)

INSPECTION OF RETURNS OF ESTATES AND TRUSTS.

REGULATION. ... 8. The return of an estate shall be open to inspection (a) by the administrator, executor, or trustee of such estate, or by his duly constituted attorney in fact; and (b) in the discretion of the Commissioner of Internal Revenue by any heir at law or next of kin of the deceased person for whose estate the return is made, upon a showing of a material interest which will be affected by information contained in the return, or by the duly constituted attorney in fact of such heir at law or next of kin.

9. The return of a trust shall be open to inspection (a) by the trustee or trustees, or jointly or severally, or the duly constituted attorney in fact of such trustee or trustees; (b) by any individual who was a beneficiary of such trust during any part of the time covered by the return, upon satisfactory evidence of such fact being furnished, or by his duly constituted attorney in fact; (c) if any individual who was a beneficiary of such trust during any part of the time covered by the return has died,

by the administrator, executor, or trustee of his estate, or by the duly constituted attorney in fact of such administrator, executor, or trustee; and (d) in the discretion of the Commissioner of Internal Revenue, by any heir at law or next of kin of such deceased person upon a showing that such heir at law or next of kin has a material interest which will be affected by information contained in the return, or by the duly constituted attorney in fact of such heir at law or next of kin. .... (Art. 1090.)

RULINGS. An original letter with regard to his return written by a decedent to the collector may not be furnished to the attorneys for the estate. A certified or photostatic copy may, however, be given to them provided the executors submit a copy of the letters testamentary issued to them by the court, together with a letter signed by them authorizing the attorneys to receive a copy of the letter in question. (C. B. 3, 313; O. D. 576.)

The executor of an estate may secure copies of income tax returns filed by the decedent upon submission to the Commissioner of a certified copy of letters testamentary evidencing his appointment as executor. (C. B. 1, 265; O. D. 355.)

But if the executor or administrator has been discharged or succeeded by another he is not entitled to receive a copy of any of the estate's returns, even though he may have filed such returns as fiduciary. (C. B. III-1, 374; I. T. 1978.)

INSPECTION OF CORPORATION RETURNS BY CORPORATE OFFICERS.—

REGULATION. . . . 10. The return of a corporation shall be open to inspection by the president, vice president, secretary, or treasurer of such corporation, or, if none, by any of its principal officers, upon satisfactory evidence of identity and official position, or by the duly constituted attorney in fact of such officer. (Art. 1090.)

Inspections by specific statutory authority. In addition to the inspections of returns permitted by Presidential order, discussed above, there are specific provisos in the law which authorize inspections under certain conditions, by committees of Congress, and as to corporation returns only, by corporate stockholders and state officers.

INSPECTION OF CORPORATION RETURNS BY STOCKHOLDERS.—

LAW. Section 257. (d) .... All bona fide shareholders of record owning 1 per centum or more of the outstanding stock of any corporation shall, upon making request of the Commissioner, be allowed to examine the annual income returns of such corporation and of its subsidiaries. Any shareholder who pursuant to the provisions of this section is allowed to examine the return of any corporation, and who makes known in any manner whatever not provided by law the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any such return,

shall be guilty of a misdemeanor and be punished by a fine not exceeding $1,000 or by imprisonment not exceeding one year, or both.

REGULATION. A bona fide shareholder of record owning 1 per cent or more of the outstanding stock of a corporation shall be entitled as of right, upon making request of the Commissioner, to examine the annual income returns of such corporation and of its subsidiaries, and all returns of such corporation and subsidiaries filed for purposes of the tax imposed by section 1000 of the Revenue Acts of 1918 and 1921, or by section 700 of the Revenue Act of 1924. His request for permission to examine such returns must be made in writing, and must be in the form of an affidavit showing his address, the name of the corporation, the period of time covered by the return he desires to inspect, the amount of the corporation's outstanding capital stock, the number of shares owned by him, the date when he acquired them, and whether he has the beneficial as well as the record title to such shares. It must also show that he has not acquired his shares for the purpose of the examination of the income returns of the corporation. If he has acquired them for this purpose, he is not a bona fide shareholder within the meaning of the statute. The application must be supported by satisfactory evidence showing that the applicant is a bona fide shareholder of record of the required amount of stock of the corporation. The supporting evidence may be partly in the form of a certificate signed by the president or vice president of the corporation and countersigned by the secretary under the corporate seal. Upon being satisfied from the evidence presented that the applicant has fully met these conditions, the Commissioner will grant the permission to examine the returns and set a convenient time and place for the examination. This privilege is personal and will be granted only to the shareholder, who can not delegate it to another. (Art. 1093.)

RULINGS. An officer of a corporation, stockholder of record of another corporation, may inspect the returns of the other corporation on behalf of the corporation of which he is an officer provided the officer, duly authorized, has complied with all the requirements of the law and regulations regarding an application for permission to inspect returns. (C. B. II-2, 257; I. T. 1709.)

A stockholder in a subsidiary company may examine the schedule showing the income of the particular corporation in which he is a stockholder, providing he is a stockholder of record owning I per cent or more of the outstanding stock. The stockholder will not be permitted to examine the consolidated return, however, nor the schedules relating to any of the other subsidiary companies. (C. B. II-1, 186; I. T. 1657.)

An executor for the estate of a deceased stockholder holding 1 per cent or more of the outstanding stock of a corporation may examine the income tax returns of such corporation as executor of the estate provided he complies with all other requirements of the regulations. (C. B. III-1, 375; S. M. 1889.)

A "stockholders' protective committee," to which deposited stock has been transferred for the purpose of safeguarding the interests of the minority stockholders, is not considered a bona fide stockholder within

the meaning of section 257 of the Revenue Act of 1918. (C. B. 1, 265; O. D. 273.)

One who is not now a stockholder, has no right to inspect the return of the corporation for any year. A revenue agent's report does not constitute a part of a return and is not available for inspection by a stockholder. (C. B. II-1, 186; I. T. 1648.)

A copy of an income tax return of a dissolved corporation may not be furnished to a former officer of the corporation in order to reply to a Bureau letter regarding a proposed assessment. The assessment should first be made and information from the records furnished only to persons against whom demand for the payment of the tax is made and who in all probability will be able and willing to satisfy such demand at least in part. (C. B. IV-1, 65; S. M. 2690.)

It should not be inferred from the phrase "not provided by law" [section 257 (d)] that a stockholder could use figures obtained from an examination of the corporation's return on file in the Commissioner's office in a lawsuit which he might bring against the corporation.

INSPECTION OF RETURNS BY COMMITTEES Of Congress.—

LAW. Section 257. (b) (1) The Secretary and any officer or employee of the Treasury Department, upon request from the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, or a select committee of the Senate or House specially authorized to investigate returns by a resolution of the Senate or House, or a joint committee so authorized by concurrent resolution, shall furnish such committee sitting in executive session with any data of any character contained in or shown by any return.

(2) Any such committee shall have the right, acting directly as a committee, or by or through such examiners or agents as it may designate or appoint, to inspect any or all of the returns at such times and in such manner as it may determine.

(3) Any relevant or useful information thus obtained may be submitted by the committee obtaining it to the Senate or the House, or to both the Senate and the House, as the case may be.

Furnishing copies of returns.-It will be recalled that Article 1090, governing inspections upon order of the President, specifies that anyone thus granted access to a return "may make and take a copy thereof or a memorandum of data contained therein." (See page 84.) The following regulations set forth the conditions under which the Treasury will produce the original returns or furnish certified copies :

REGULATION. (1) The original income return of an individual, partnership, corporation, association, joint-stock company, insurance company, or fiduciary, or a copy thereof, may be furnished by the Com