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U.S. v. MEDLIN

No. 92-2140.

986 F.2d 463 (1993)

UNITED STATES of America, Petitioner-Appellee, v. Walter L. MEDLIN, as custodian of records or representative or registered agent or officer or director or stockholder of Medlin Investment Company; Cheyenne Social Club; SST Air & Auto Museum, Inc.; National Land & Investment Corporation; International Land and Investment Corporation; Florida Land and Investment Co.; Majestic Oaks, Inc.; Island Living, Inc.; Orlando Land and Investment Co.; Monarch Realty, Inc.; Lake Vista Plaza, Inc.; Frank's Corner, Inc.; Central Florida Transportation Museum, Inc.; Waltin Investment Co.; Michigan Avenue Car Wash; Neptune Four Ltd.; Discount Mowing, Inc.; Sports Pix News, Inc.; Florida Billboard Co.; Florida National Land Investment Company, Inc., Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 22, 1993.

Attorney(s) appearing for the Case

David D. Fussell, Orlando, FL, for respondents-appellants.

Kendell W. Wherry, Asst. U.S. Atty., Orlando, FL, Richard Resnick, Tax Div., U.S. Dept. of Justice, Washington, DC, Tamra Phipps, Asst. U.S. Atty., Tampa, FL, Gary R. Allen, Chief (lead counsel), Kevin M. Brown, Brian C. Griffin, Charles E. Brookhart, Appellate Section, Tax Div., Dept. of Justice, Washington, DC, for petitioner-appellee.

Before HATCHETT, Circuit Judge, HENDERSON and ESCHBACH, Senior Circuit Judges.

HENDERSON, Senior Circuit Judge:

This appeal focuses on whether an Internal Revenue Service ("IRS") summons is overbroad and whether enforcing the summons would violate the appellant's Fifth Amendment privilege against compelled self-incrimination. For the reasons that follow, we affirm the order of the district court enforcing the summons.

I. BACKGROUND

During an investigation of the tax liability of the appellant, Walter L. Medlin, the IRS issued...

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