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SHORT v. MURPHY

No. 73-2097.

512 F.2d 374 (1975)

Lorenza SHORT and Mamie O. Short, Plaintiffs-Appellants, v. James G. MURPHY, Special Agent, Internal Revenue Service, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

March 5, 1975.

Attorney(s) appearing for the Case

Henry J. Rosenbaum, Polasky, Meisel & Rosenbaum, Saginaw, Mich., for plaintiffs-appellants.

Ralph B. Guy, U. S. Atty., Detroit, Mich., James W. Russell, Asst. U. S. Atty., Detroit, William Friedlander, Scott Crampton, Asst. Atty. Gen., Meyer Rothwacks, Chief, Appellate Sec. Tax Div., Dept. of Justice, Washington, D. C., Michael L. Paup, Michael J. Roach, Tax. Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before PHILLIPS, Chief Judge, and LIVELY and ENGEL, Circuit Judges.

PHILLIPS, Chief Judge.

The appellant taxpayers were under investigation for income tax evasion at the time they filed this action. The special IRS agent had invited counsel for the taxpayers to a formal conference and disclosed that the IRS had information indicating that taxpayers had attempted willfully to evade and defeat payment of their income taxes for the taxable years 1967 through 1970. The agent further had revealed at the conference that the IRS had reconstructed...

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