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UNITED STATES v. BONNELL

Civ. Nos. 4-78-190, 4-78-191.

483 F.Supp. 1070 (1979)

UNITED STATES of America and Ralph G. Neumann, Special Agent of the Internal Revenue Service, Petitioners, v. Harold BONNELL, as Partner of Peat, Marwick, Mitchell & Co., and Peat, Marwick, Mitchell & Co., Respondents. UNITED STATES of America and Ralph G. Neumann, Special Agent of the Internal Revenue Service, Petitioners, v. Charles RICE, as Assistant Vice President of Cargill, Inc., and Cargill, Inc., Respondents.

United States District Court, D. Minnesota, Fourth Division.

December 27, 1979.

Attorney(s) appearing for the Case

Sheryl Ramstad Hvass, Asst. U. S. Atty., Minneapolis, Minn., for petitioners; Stephen G. Fuerth and James P. Sites, Tax. Div., Dept. of Justice, Washington, D.C., of counsel.

Boris Kostelanetz, Lawrence S. Feld, and Stuart Abrams, Kostelanetz & Ritholz, New York City, for respondents Charles Rice and Cargill, Inc.; Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., of counsel.

Jeffrey R. Brooke, Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, Minn., for respondents Harold Bonnell and Peat, Marwick, Mitchell & Co.; Howard Krongard, Associate Gen. Counsel, Peat, Marwick, Mitchell & Co., New York City, of counsel.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

These cases present novel and difficult issues regarding the enforceability of certain tax summonses1 issued by the Internal Revenue Service (hereinafter "the IRS"). The summonses require the production of documents and the giving of testimony by and from Cargill, Inc., Charles Rice, Assistant Vice President of Cargill, Inc., Cargill's certified public accountants, Peat, Marwick...

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