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U.S. v. GERTNER

Civ. No. 94-11667.

873 F.Supp. 729 (1995)

UNITED STATES of America, Petitioner, v. Nancy GERTNER and Jody L. Newman, personally and in their representative capacities as partners/officers of Dwyer, Collora and Gertner, Respondents.

United States District Court, D. Massachusetts.

Judgment January 13, 1995.

Attorney(s) appearing for the Case

George P. Eliopoulos, U.S. Dept. of Justice, Tax Div., Washington, DC, for petitioner.

Jody L. Newman, Dwyer & Collora, Thomas E. Dwyer, Jr., Dwyer, Collora & Gertner, Boston, MA, Gerald B. Lefcourt, Lefcourt & Dratel, P.C., New York City, for Nancy Gertner.

Gerald B. Lefcourt, Dwyer & Collora, Boston, MA, for Jody Newman.

Andrew Good, Silverglate & Good, Boston, MA, Judith H. Mizner, Newburyport, MA, for Massachusetts Ass'n of Criminal Defense Lawyers.

Francis S. Moran, Jr., Boston Bar Ass'n, Boston, MA, for Boston Bar Ass'n.

Sheryl E. Reich, Gerald B. Lefcourt, Lefcourt & Dratel, P.C., J. Bruce Maffeo, Bernstein & Maffeo, New York City, for John Doe # 1.

Benjamin Fierro, III, Massachusetts Bar Ass'n, Boston, MA, for Massachusetts Bar Ass'n.

ORDER AND MEMORANDUM OF DECISION

BRODY, District Judge.

This case presents an issue of first impression in this Circuit, namely, whether the Internal Revenue Service may require an attorney to disclose the identity of a client from whom the attorney received more than $10,000 in cash without violating the client's constitutional rights, the attorney-client privilege, or the attorney's ethical duty to keep client secrets confidential. The Court concludes...

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