10.28—Return of client's records.
        
        (a) 
         In general, a practitioner must, at the
 request of a client, promptly return any and all
 records of the client that are necessary for the
 client to comply with his or her Federal tax
 obligations. The practitioner may retain copies of
 the records returned to a client. The existence of
 a dispute over fees generally does not relieve the
 practitioner of his or her responsibility under
 this section. Nevertheless, if applicable state
 law allows or permits the retention of a client's
 records by a practitioner in the case of a dispute
 over fees for services rendered, the practitioner
 need only return those records that must be
 attached to the taxpayer's return. The
 practitioner, however, must provide the client
 with reasonable access to review and copy any
 additional records of the client retained by the
 practitioner under state law that are necessary
 for the client to comply with his or her Federal
 tax obligations.
    
    
        
        (b) 
         For purposes of this section, Records of the client include all documents
 or written or electronic materials provided to the
 practitioner, or obtained by the practitioner in
 the course of the practitioner's representation of
 the client, that preexisted the retention of the
 practitioner by the client. The term also includes
 materials that were prepared by the client or a
 third party (not including an employee or agent of
 the practitioner) at any time and provided to the
 practitioner with respect to the subject matter of
 the representation. The term also includes any
 return, claim for refund, schedule, affidavit,
 appraisal or any other document prepared by the
 practitioner, or his or her employee or agent,
 that was presented to the client with respect to a
 prior representation if such document is necessary
 for the taxpayer to comply with his or her current
 Federal tax obligations. The term does not include
 any return, claim for refund, schedule, affidavit,
 appraisal or any other document prepared by the
 practitioner or the practitioner's firm, employees
 or agents if the practitioner is withholding such
 document pending the client's performance of its
 contractual obligation to pay fees with respect to
 such document.