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U.S. v. JOSE

No. 93-17028.

131 F.3d 1325 (1997)

UNITED STATES of America; Leslie M. Nishimura, Revenue Agent of the Internal Revenue Service, Plaintiffs-Appellants, v. Laddie F. JOSE, Trustee of Jose Business Trust and Jose Family Trust, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 19, 1997.

Attorney(s) appearing for the Case

Gary R. Allen and Charles E. Brookhart, United States Department of Justice, Washington, DC, for plaintiffs-appellants.

Benjamin B. Cassiday, III, Honolulu, Hawaii, for defendant-appellee.

Before: FLETCHER, PREGERSON, REINHARDT, HALL, BRUNETTI, KOZINSKI, TROTT, FERNANDEZ, RYMER, HAWKINS and THOMAS, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

The Internal Revenue Service (IRS) appeals from the district court's order conditionally enforcing two IRS summonses served on Laddie F. Jose (Respondent) as trustee of the Jose Business Trust and Jose Family Trust. The condition requires the IRS Examination Division to give Respondent five days notice prior to transferring the summoned documents to any other division within the IRS, including the Criminal Investigation Division...

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