UNITED STATES v. GOTTLIEB

No. 82-5555.

712 F.2d 1363 (1983)

UNITED STATES of America and Edward H. Jackson, Revenue Agent, Internal Revenue Service, Petitioners-Appellants, v. Herbert GOTTLIEB and the Florida Trade Exchange, Inc., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 22, 1983.


Attorney(s) appearing for the Case

Glenn L. Archer, Michael L. Paup, Charles E. Brookhart, William A. Whitledge, Tax Div., Dept. of Justice, Washington, D.C., for petitioners-appellants.

Clifton Peter Rose, Williams & Jensen, Washington, D.C., for respondents-appellees.

Before JOHNSON and ANDERSON, Circuit Judges, and COLEMAN, Senior Circuit Judge.


R. LANIER ANDERSON, III, Circuit Judge:

This is another in a series of cases involving summonses issued by the Internal Revenue Service ("IRS") to obtain the names and addresses of the members of various barter exchanges during the course of audits of the exchanges. The district court refused to enforce the summons on the ground that the IRS had not complied with the special provisions for John Doe summonses set forth in 26 U.S.C.A. § 7609(f) (West Supp.1983...

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