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UNITED STATES v. ZACK

No. 74-2467.

521 F.2d 1366 (1975)

UNITED STATES of America and Hubert J. Goodrich, Special Agent Internal Revenue Service, Petitioners-Appellants, v. Thomas F. ZACK, as President, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

July 16, 1975.

Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Charles Brookhart, Appellate Section, U.S. Dept. of Justice, Washington, D. C., for petitioners-appellants.

Goodman, Snyder & Gang, Las Vegas, Nev., for respondents-appellees.

Before WALLACE and SNEED, Circuit Judges, and EAST, District Judge.

OPINION

WALLACE, Circuit Judge:

The government appeals from the district court's refusal to enforce an Internal Revenue Service (IRS) administrative summons requiring production of books, records and documents pursuant to 26 U.S.C. § 7604. Acting on information secured from an informant, IRS Special Agent Goodrich verified that Dr. Zack kept two sets of books: one for cash payments from patients and one for payments made by check. Armed with this intelligence...

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