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UNITED STATES v. KASMIR

No. 73-1973.

499 F.2d 444 (1974)

UNITED STATES of America and James S. Mabrey, Special Agent of the Internal Revenue Service, Plaintiffs-Appellees, v. C. D. KASMIR and Jerry A. Candy, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 21, 1974.

Attorney(s) appearing for the Case

Cyril David Kasmir, pro se; Edward A. Copley, Jr., Robert E. Goodfriend, Dallas, Tex., for defendants-appellants.

Scott P. Crampton, Asst. Atty. Gen., Jeffrey D. Snow, Atty., Ernest J. Brown, Acting Chief, Meyer Rothwacks, Atty., Tax Div., Dept. of Justice, Washington, D. C., Frank D. McCown, U. S. Atty., Kenneth J. Mighell, Asst. U. S. Atty., Fort Worth, Tex., Robert E. Lindsay, John P. Burke, Attys., Tax Div., Dept. of Justice, Washington, D. C., for plaintiffs-appellees.

Before BELL, THORNBERRY and DYER, Circuit Judges.

THORNBERRY, Circuit Judge:

In United States v. White, 5th Cir. 1973, 477 F.2d 757, aff'd en banc, 487 F.2d 1335, we phrased the issue presented thusly:

. . . 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 . . .

That same...

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