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UNITED STATES v. WHITE

No. 71-2381.

477 F.2d 757 (1973)

UNITED STATES of America and Gerald T. Culver, Plaintiffs-Appellees, v. Robert I. WHITE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted July 10, 1973.

Attorney(s) appearing for the Case

George A. Hrdlicka, Houston, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Houston, Tex., Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Atty., Carleton D. Powell, Dept. of Justice, Tax Div., Washington, D. C., for plaintiffs-appellees.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

Rehearing En Banc Granted July 10, 1973.

GEWIN, Circuit Judge:

In this case we must decide whether the constitutional privilege against compulsory self-incrimination may be invoked in behalf of a taxpayer by his attorney to prevent the production of income tax workpapers in his attorney's possession. Pursuant to 26 U.S.C. §§ 7402(b) and 7604(a),1 the government petitioned the United States District Court for the Southern...

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