United States v. White
District Court, W.D. New York
1Opinion of the Court
DECISION and ORDER
TELESCA, District Judge.
INTRODUCTION
This action was brought on by the Government’s petition for enforcement of two IRS summonses under 26 U.S.C. § 7402(b) and § 7604(a). An order to show cause was granted, Mr. White filed a Response, and the Government filed a Reply. The Monroe County Bar Association (MCBA) sought and was granted leave to file a brief amicus curiae, to which the Government has also filed a Response. As set forth below, I hold that Mr. White should not be compelled to obey the IRS summonses served upon him, and I dismiss this proceeding without prejudice.
FACTS
2Cases cited45 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Younger v. HarrisSupreme Court of the United States · 1971
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
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3Cited by4 opinions
- United States v. WhiteCourt of Appeals for the Second Circuit · 1988
- United States v. WhiteCourt of Appeals for the Second Circuit · 1988
- Beat v. United StatesDistrict Court, D. Kansas · 2010
- Estate of Calcagno v. CommissionerUnited States Tax Court · 1989