RICHARD A. VAUGHN, DDS, P.C. v. BALDWIN

No. 91-1331.

950 F.2d 331 (1991)

RICHARD A. VAUGHN, DDS, P.C., Plaintiff-Appellant, v. Frederick G. BALDWIN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 4, 1991.


Attorney(s) appearing for the Case

Robert J. Zinkel, Jr. (briefed), Detroit, Mich., Joseph Falcone (briefed), Southfield, Mich., for plaintiff-appellant.

Mary S. Rigdon, Asst. U.S. Atty., Detroit, Mich., Gary R. Allen, Acting Chief (briefed), Murray S. Horwitz, Charles E. Brookhart, Bridget M. Rowan, U.S. Dept. of Justice, Appellate Section Tax Div., Keith V. Morgan, Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before: KEITH and NELSON, Circuit Judges, and HOOD, District Judge.


DAVID A. NELSON, Circuit Judge.

The question presented in this appeal is whether business records temporarily surrendered to the Internal Revenue Service on a voluntary basis in connection with a tax investigation may be retained and copied by the IRS after the owner of the documents has formally demanded their return and withdrawn consent to the making of copies.

The defendant is an IRS agent to whom the plaintiff, a professional corporation, entrusted thousands...

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