MINDA v. U.S.

Docket No. 15-3964 August Term 2016.

851 F.3d 231 (2017)

Gary MINDA, Plaintiff-Appellant, Nancy Findlay Frost, Plaintiff, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 24, 2017.


Attorney(s) appearing for the Case

KATHLEEN PAKENHAM , Cooley LLP, New York, NY, for Plaintiff-Appellant Gary Minda.

JENNIFER M. RUBIN ( Jonathan S. Cohen , on the brief), for David A. Hubbert , Acting Assistant Attorney General, Tax Division, Department of Justice, Washington, D.C., and Bridget M. Rohde , Acting United States Attorney for the Eastern District of New York, Brooklyn, NY, for Defendant-Appellee United States of America.

Before: Livingston, Chin, and Carney, Circuit Judges.


In this case, the Internal Revenue Service (the "IRS") conducted an examination of the 2007 income tax return of Gary Minda and Nancy Findlay Frost. The IRS prepared a report proposing changes to the return. Instead of sending the report to Minda and Frost, however, the IRS sent the report, which contained their names, social...

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