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DOE v. BOYLE

No. 73-2218.

494 F.2d 1279 (1974)

John DOE, Appellant, v. James P. BOYLE, District Director of Internal Revenue Service, and Johnnie M. Walters, Commissioner of Internal Revenue, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1974.

Attorney(s) appearing for the Case

A. Andrew Giangreco, Alexandria, Va. (Giangreco, Seay & Manuel, Alexandria, Va., on brief), for appellant.

Michael J. Roach, Atty., U. S. Dept. of Justice (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, William A. Friedlander, Atty., U. S. Dept. of Justice, Brian P. Gettings, U. S. Atty., and David G. Lowe, Asst. U. S. Atty., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and RUSSELL and FIELD, Circuit Judges.

HAYNSWORTH, Chief Judge:

Appellant, appearing anonymously as John Doe, has failed to file his 1970 and 1971 income tax returns. He states that he is now prepared to file those returns, but has not done so because he fears that the Internal Revenue Service will use his late-filed returns as evidence in an action against him for failure to make a timely return, 26 U.S.C. § 7203. He seeks to enjoin the Internal Revenue Service from using those returns, if and when...

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