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BARRETT v. UNITED STATES

No. 85-2665.

795 F.2d 446 (1986)

Bernard M. BARRETT, Jr., M.D., and Plastic & Reconstructive Surgeons, P.A., Plaintiffs-Appellants, v. UNITED STATES of America and Internal Revenue Service, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 28, 1986.

Attorney(s) appearing for the Case

Edward D. Urquhart, Urquhart & Hassell, Silvia E. Hassell, Charles J. Escher, Houston, Tex., for plaintiffs-appellants.

Thomas R. Lamons, Henry K. Oncken, U.S. Atty., Houston, Tex., James R. Gough, Asst. U.S. Atty., Stuart D. Gibson, Tax Div., U.S. Dept. of Justice, Appellate Section, Roger M. Olsen, Acting Asst. Atty. Gen., Michael L. Paup, Chief, Appellate Sec., Richard Perkins, Washington, D.C., for defendants-appellees.

Before WILLIAMS, JOLLY and HIGGINBOTHAM, Circuit Judges.

OPINION

E. GRADY JOLLY, Circuit Judge:

Dr. Barrett seeks damages against the United States under 26 U.S.C. § 7431 for unlawful disclosures of tax return information during a civil and criminal investigation. The Internal Revenue Service mailed letters to Dr. Barrett's patients that were designed to determine whether cash payments had been made to him. Dr. Barrett argues that the letters were unnecessary to the IRS's investigation, and therefore improperly...

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