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UNITED STATES v. SCHLANSKY

No. 82-5200.

709 F.2d 1079 (1983)

UNITED STATES of America and Joseph R. Sandefur, Special Agent, Internal Revenue Service, Plaintiffs-Appellees, v. Leslie B. SCHLANSKY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 16, 1983.

Attorney(s) appearing for the Case

Wayne F. Collier, Bulleit, Kinkead, Irvin & Reinhardt, David R. Irvin, Lexington, Ky., [Lead Counsel] (argued), for defendant-appellant.

Louis De Falaise, U.S. Atty., Marianna J. Read, Asst. U.S. Atty., Lexington, Ky., Glenn L. Archer, Jr. [Lead Counsel] Asst. Atty. Gen., Michael L. Paup, Chief, Appellate Section (argued) Charles E. Brookhart and Wm. Whitledge, Tax Division, U.S. Dept. of Justice, Washington, D.C., for plaintiffs-appellees.

Before LIVELY and ENGEL, Circuit Judges; and CELEBREZZE, Senior Circuit Judge.

LIVELY, Circuit Judge.

This appeal concerns the validity of a taxpayer's refusal to comply with an administrative summons issued by the Internal Revenue Service which directed him to appear before an officer of the IRS and produce documents described in the summons for examination. The taxpayer appeared as directed but refused to produce the documents. His refusal was based upon the assertion that his Fifth Amendment privilege against compulsory self-incrimination...

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