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U.S. v. COX

No. Civ.A. H-98-2363.

73 F.Supp.2d 751 (1999)

UNITED STATES of America, Petitioner, v. John COX, Tax Director of BMC Software, Inc. and Subsidiaries, Respondent.

United States District Court, S.D. Texas, Houston Division.

January 8, 1999.

Attorney(s) appearing for the Case

Joseph A Pitzinger, III, Dept of Justice, Tax Division, Dallas, TX, for U.S.

Karl S Stern, Vinson & Elkins, Houston, TX, for John Cox, Tax Director, Respondent.

MEMORANDUM AND OPINION

ROSENTHAL, District Judge.

The Internal Revenue Service asks this court to enforce a summons issued to John Cox, the tax director of BMC Software, Inc. ("BMC") and its subsidiaries, in connection with the audit of BMC's 1993 tax return. The IRS seeks the production of computer source code for twenty-seven BMC enhancement software products marketed in Europe in fiscal year 1993. The IRS asserts that the source code will help ensure...

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