Legal Opinion

Suarez v. Commissioner

United States Tax Court

Decided August 10, 1972No. Docket No. 4196-67Published

The petitioners filed several pretrial motions in which they alleged the respondent based his determination in the statutory notice upon evidence which was obtained from the petitioner, Efrain T. Suarez, in violation of his constitutional rights.

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The petitioners filed several pretrial motions in which they alleged the respondent based his determination in the statutory notice upon evidence which was obtained from the petitioner, Efrain T. Suarez, in violation of his constitutional rights. Held: 1. The protections encompossed in the fourth amendment to the United States Constitution are applicable in a civil tax proceeding. 2. The order of a Federal District Court in a habeas corpus proceeding that a new trial be granted to petitioner, Efrain T. Suarez, was not a final and binding determination that evidence used against petitioner in…

1Opinion of the Court

Efrain T. Suarez and Zenaida Suarez, Petitioners v. Commissioner of Internal Revenue, Respondent

Suarez v. Commissioner

Docket No. 4196-67

United States Tax Court

58 T.C. 792; 1972 U.S. Tax Ct. LEXIS 76;

August 10, 1972, Filed

The petitioners filed several pretrial motions in which they alleged the respondent based his determination in the statutory notice upon evidence which was obtained from the petitioner, Efrain T. Suarez, in violation of his constitutional rights. Held:

1. The protections encompossed in the fourth amendment to the United States Constitution are applicable in a civil tax…

Also in this document: Concurrence · Drennen; Concurrence · Tannenwald; Dissent.

2Cases cited95 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Mapp v. OhioSupreme Court of the United States · 1961
  4. United States v. WadeSupreme Court of the United States · 1967
  5. Carroll v. United StatesSupreme Court of the United States · 1925

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