Legal Opinion

United States v. White

District Court, W.D. New York

Decided January 7, 1987No. Misc. CIV-86-140TPublishedCited by 4 opinions

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

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Younger v. HarrisSupreme Court of the United States · 1971
  3. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  4. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  5. Commissioner v. Estate of BoschSupreme Court of the United States · 1967

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3Cited by4 opinions

  1. United States v. WhiteCourt of Appeals for the Second Circuit · 1988
  2. United States v. WhiteCourt of Appeals for the Second Circuit · 1988
  3. Beat v. United StatesDistrict Court, D. Kansas · 2010
  4. Estate of Calcagno v. CommissionerUnited States Tax Court · 1989

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