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UNITED STATES v. CARTER

No. 73-1414.

504 F.2d 428 (1974)

UNITED STATES of America, and John C. Cronin, Special Agent, Internal Revenue Service, Plaintiffs-Appellees, v. J. Louie CARTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 20, 1974.

Attorney(s) appearing for the Case

J. Luther Drew, West Palm Beach, Fla., for defendant-appellant.

Scott P. Crampton, Charles E. Anderson, Asst. Attys. Gen., Tax Div., Dept. of Justice, Lee H. Henkel, Jr., Acting Chief Counsel, IRS, Washington, D. C., Mervyn L. Ames, Asst. U. S. Atty., Miami, Fla., for plaintiffs-appellees.

Before BROWN, Chief Judge, and RONEY and GEE, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

In his petition for rehearing appellant claims that this decision, 489 F.2d 413 (5th Cir. 1973), is in direct conflict with United States v. Humble Oil & Refining Co., 488 F.2d 953 (5th Cir. 1974). In this case we enforced an open-ended "John Doe" summons, while in Humble Oil we held that the Internal Revenue Service is not empowered under...

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