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CALDER v. I.R.S.

No. 89-5508.

890 F.2d 781 (1989)

James CALDER, Plaintiff-Appellant, v. INTERNAL REVENUE SERVICE, and Lawrence B. Gibbs, Commissioner of Internal Revenue, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 21, 1989.

Attorney(s) appearing for the Case

David H. Donaldson, Graves, Dougherty, Hearon & Moody, Austin, Tex., for plaintiff-appellant.

Mary Frances Clark, Gary R. Allen, Chief Appellate Section, Karen L. Elias, U.S. Dist. Judge, Tax Div., David I. Pincus, Washington, D.C., for defendants-appellees.

Before WISDOM, JOHNSON and HIGGINBOTHAM, Circuit Judges.

JOHNSON, Circuit Judge:

While researching the development of federal crime control policies, University of Texas at San Antonio Professor James Calder requested certain documents from the Internal Revenue Service (hereinafter IRS) pertaining to tax investigations of Al Capone. The IRS, determining that the request sought nondisclosable "return information," denied Calder's request. 26 U.S.C. § 6103.1

Calder, after exhausting...

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