United States v. Porter - United States Court of Appeals for the Seventh Circuit

United States v. Porter

By United States Court of Appeals for the Seventh Circuit

  • Release Date - Published: 1983-07-06
  • Book Genre: Law
  • Author: United States Court of Appeals for the Seventh Circuit
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United States v. Porter United States Court of Appeals for the Seventh Circuit read online review & book description:

WOOD, Circuit Judge. Respondents-Appellants taxpayer, a sole proprietor, and his attorney appeal from the district court's order commanding their compliance with three Internal Revenue Service summonses requiring production of the taxpayer's business records, including cancelled checks, bank deposit slips, various ledgers and journals and payroll and sales tax records, arguing that such forced disclosures would violate the taxpayer's right against self-incrimination as set forth in Fisher v. United States, 425 U.S. 391, 48 L. Ed. 2d 39, 96 S. Ct. 1569 (1976). We hold that this claim is moot with respect to items which have been already surrendered to the IRS pursuant to the district court's order, but that with respect to the remaining items -- the cancelled checks and deposit slips -- Fisher provides certain limited Fifth Amendment protection. However, we also remand to the district court to permit the government to offer the respondent taxpayer statutory use immunity with respect to the protected aspects of the documents' production and to permit the court to fashion a protective order sufficient to allow use of the contents of the documents while guarding against a violation of taxpayer's Fifth Amendment rights.

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