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KIRKLAND MASONRY, INC. v. C. I. R.

No. 79-2729 Summary Calendar.

614 F.2d 532 (1980)

KIRKLAND MASONRY, INC., Hugh Kirkland and Bobye Joe Kirkland, Plaintiffs-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 28, 1980.

Attorney(s) appearing for the Case

Charles L. Ruffner, Miami, Fla., for plaintiffs-appellants.

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Chief, Appellate Section, Tax Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before GEE, RUBIN and POLITZ, Circuit Judges.

PER CURIAM:

Taxpayers' returns for tax years before 1977 were audited by the Internal Revenue Service. In 1978 taxpayers sought information concerning the results of the audit for use in preparing 1978 tax returns. Specifically, taxpayers requested the Internal Revenue Service to disclose its position as to the proper tax treatment of certain of taxpayers' transactions. The information was refused for two reasons: the IRS was investigating possible criminal violations...

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