Action Recycling Inc. v. United States

OPINION

McKEOWN, Circuit Judge:

This appeal raises the question of whether the Internal Revenue Service (“IRS”) permanently possesses all of the information contained in a taxpayer’s records once it has reviewed but not retained those records. We hold that an IRS Revenue Agent’s review of records does not automatically give the IRS permanent possession of all of the information in those records and that a later summons for the same records is permissible under the Supreme Court’s decision in United States v. Powell, 379 U.S. 48, 57-58, 85 S.Ct. 248, 13 L.Ed.2d 112 (1964).

Background

At the…