This Note argues that because the Tenth Circuit decision ignores important policy concerns dealing with the efficiency of the IRS, failing to comply with notice requirements under Section 7609(a) should be analyzed under the totality of the circumstances standard. Part I discusses the history and development of Section 7609(a) and notice requirements for third-party summonses in IRS investigations. Part II outlines the general requirements for the enforcement of an IRS summons and how Section 7609(a) is analyzed in light of those requirements. Part III discusses the current circuit split and the significance of each respective court’s holdings and reasoning. Part IV argues that the Tenth Circuit’s approach, while providing more leverage for taxpayers, ignores important policy arguments. It also argues that the Second, Eleventh, and Sixth Circuits’ totality of the circumstances approach to Section 7609(a) violations is more appropriate. Finally, it discusses a number of factors that may improve that approach.