Commonwealth v. Burgess

The Commonwealth moves for an order compelling the defendant Russell Burgess (“Burgess”) to execute a form authorizing the Internal Revenue Service (“IRS”) to forward to the Office of the Attorney General information concerning the defendant’s federal income tax returns, if any, for the years 1987 through 1990. The Commonwealth may not obtain this information from the IRS without such an authorization, and Burgess refuses to consent. The defendant opposes the motion on the grounds that such an order would violate his privilege against self-incrimination guaranteed by the Fifth Amendment to…