Caprio v. Commissioner

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal challenges a judgment of the United States Tax Court determining deficiencies in the taxpayers’ income tax liabilities for 1968 and 1969. The taxpayers object to the use of grand jury materials, obtained by the Internal Revenue Service (IRS) through a 1977 order pursuant to Rule 6(e) of the Federal Rules of Criminal Procedure that would now be invalid under United States v. Baggot, 463 U.S. 476, 103 S.Ct. 3164, 77 L.Ed.2d 785 (1983). The Tax Court declined to suppress the materials. Because the IRS agents acted in good faith reliance on a…