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B & C TIRE CO., INC. v. INTERNAL REV. SERV., DEPT. OF TR., U. S.

No. CA. 72-1001-M.

376 F.Supp. 708 (1974)

B & C TIRE COMPANY, INCORPORATED, a Delaware corporation, Plaintiff, v. INTERNAL REVENUE SERVICE, DEPARTMENT OF the TREASURY, UNITED STATES of America, Defendant.

United States District Court, N. D. Alabama, M. D.

February 20, 1974.

Attorney(s) appearing for the Case

J. Richard Carr, of Burns, Carr & Shumaker, Gadsden, Ala., for plaintiff.

Wayman G. Sherrer, U. S. Atty., Charles D. Stewart, Asst. U. S. Atty., U. S. Dept. of Justice, Birmingham, Ala., for defendant.

MEMORANDUM OF OPINION

POINTER, District Judge.

Petitioner brought this action under the Freedom of Information Act, 5 U.S. C. § 552, seeking files prepared by an IRS examining agent in connection with his audit of petitioner's 1970 tax return.1 The examining agent's file is the only document of several requested by petitioner which IRS has refused to furnish. Petitioner contends that this file is subject to the disclosure...

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