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Donaldson Vs. United States
Cites for this judgment
- US Supreme Court
- Jan 25, 1971
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Donaldson v. UnitedSearch
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States - 400 U.S. 517 (1971) U.S. Supreme Court Donaldson v. UnitedSearch
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States, 400 U.S. 517 (1971) Donaldson v. UnitedSearch
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the two cases for purposes of appeal and granted stays pending appeal. The Fifth Circuit affirmed. United States v. MercurioSearch
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and enforcement of the revenue laws, and because the courts of appeals have differed in their reading of Reisman v. CaplinSearch
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an internal revenue summons issued under the Revenue Act of 1921 and directed to a third-party bank. First Nat. Bank v. UnitedSearch
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States, 267 U.S. 576 (1925), aff'g 295 F. 142, 143 (SD Ala.1924). See also United States v. FirstSearch
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Nat. Bank, 274 F.Supp. 283, 284 (ED Ky.1967), aff'd sub nom. Justice v. UnitedSearch
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States, 390 U. S. 199 (1968), and United States v. ShlomSearch
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Ten months later the Court decided United States v. PowellSearch
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U. S. 48 (1964), and its companion case, Ryan v. UnitedSearch
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any appropriate ground. It was also stated that the burden of showing an abuse of the court's process is on the taxpayer. v. WithSearch
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rights of the party summoned are protected and an adversary hearing, if requested, is made available. United States v. GajewskiSearch
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Venn v. UnitedSearch
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McGarry's, Inc. v. RoseSearch
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opposing equities is called for. We, thus, are not in agreement with the holdings or implications in United States v. BenfordSearch
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United States v. BankSearch
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and Justice v. UnitedSearch
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F.2d at 1218, and in In re Cole, 342 F.2d 5, 7-8 (CA2), cert. denied, 381 U.S. 950 (1965), and O'Donnell v. SullivanSearch
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always assert that interest or that claim in due course at its proper place in any subsequent trial. Cf. United States v. BlueSearch
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that the material is sought for the improper purpose of obtaining evidence for use in a criminal prosecution, Boren v. TuckerSearch
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of the Reisman dictum. This is evident from the fact that the dictum itself embraces the citation of Boren v. TuckerSearch
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CA9 1956), an opinion in which, at the pages cited, the Ninth Circuit very carefully distinguished United States v. O'ConnorSearch
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of distinction, for civil as compared with criminal purposes, at the point of a special agent's appearance. See Mathis v. UnitedSearch
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for.prosecution. We refuse to draw that line and thus to stultify enforcement of federal law. See United States v. KordelSearch
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and O'Donnell v. SullivanSearch
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F.2d 43, 44 (CA1 1966), with United States v. BenfordSearch
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Wild v. UnitedSearch
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McGarry v. RileySearch
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Sanford v. UnitedSearch
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United States v. ChikataSearch
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United States v. DeGrosaSearch
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F.2d 926, 928 (CA3), cert. denied sub nom. Zudick v. UnitedSearch
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United States v. FirstSearch
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Nat. Bank, 274 F.Supp. 283, 285 (ED Ky.1967), aff'd sub nom. Justice v. UnitedSearch
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United States v. ErdnerSearch
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United States v. MichiganSearch
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Howfield, Inc. v. UnitedSearch
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United States v. RuggeiroSearch
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F.2d 1069, 1070 (CA9 1970), petition for certiorari pending sub nom. Kyriaco v. UnitedSearch
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United States v. RoundtreeSearch
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F.2d 845, 851 (CA5 1969). See United States v. O'ConnorSearch
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of his constitutional rights if a third party were ordered to produce records belonging to the taxpayer. United States v. KordelSearch
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U.S. Supreme Court Donaldson v. UnitedSearch
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United States v. MercurioSearch
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of Reisman v. CaplinSearch
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First Nat. Bank v. UnitedSearch
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