Legal Opinion

Herbert Kurshan v. Harold G. Riley, Special Agent, Internal Revenue Service

Court of Appeals for the Fourth Circuit

Decided September 28, 1973No. 73-1566PublishedCited by 27 opinions

1Per curiam

This is an appeal from an order of the district court denying appellants’ motion to enjoin appellee, a Special Agent of the Internal Revenue Service, from taking the testimony of Charles D. Fox III pursuant to a summons issued in a tax investigation. No stay of the order pending appeal was granted below, and none was sought in this Court. During the pendency of this appeal appellee received the testimony of Fox.

Since the testimony of Fox has already been taken, the question of whether the receipt of such testimony should be prevented is now moot. See United States v. Lyons, 442 F.2d 1144 (1st…

2Cases cited4 opinions

  1. Donaldson v. United StatesSupreme Court of the United States · 1971
  2. Industrial Bank of Washington, a Corporation v. Walter N. Tobriner, Commissioners of the District of Columbia, and Theodore J. ScheveCourt of Appeals for the D.C. Circuit · 1968
  3. United States of America and Paul F. Hynes, Special Agent, Internal Revenue Service v. John F. Lyons, George H. Boynton, IntervenorCourt of Appeals for the First Circuit · 1971
  4. J. W. Baldridge v. United States of America and Donald B. Nettles, Special Agent of the Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1969

3Cited by27 opinions

  1. Church of Scientology of California v. United StatesSupreme Court of the United States · 1992
  2. United States v. KisCourt of Appeals for the Seventh Circuit · 1981
  3. Paul Gluck and Ina Gluck v. United States of America, Sidney Stein Stein & Stein Stein's Foot Specialties, Inc. v. United StatesCourt of Appeals for the Third Circuit · 1985
  4. United States v. BarrettCourt of Appeals for the Fifth Circuit · 1988
  5. Hefti v. CommissionerUnited States Tax Court · 1991

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