United States v. Morgan

CHAPMAN, Circuit Judge:

This appeal involves enforcement of an Internal Revenue summons issued to Olen E. Morgan (taxpayer) as president of Pool Builders Supply of the Carolinas, Inc. The Internal Revenue Service (IRS) appeals from the district court’s enforcement of the summons on the condition that the IRS provide the notice pursuant to § 7605(b) of the Internal Revenue Code, 26 U.S.C. § 7605(b) (1982). Taxpayer cross-appeals from the district court’s finding that § 7602 of the Code was not unconstitutional and its refusal to deny enforcement of the summons. 579 F.Supp. 1463. We hold that…