HODGES, GRANT & KAUFMANN v. U.S. GOVERNMENT

No. 84-1682.

768 F.2d 719 (1985)

HODGES, GRANT & KAUFMANN and Tom Harrell, Inc., Plaintiffs-Appellants, Cross-Appellees, v. UNITED STATES GOVERNMENT, DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

August 19, 1985.


Attorney(s) appearing for the Case

Hiram C. Eastland, Jr., Joanne E. Nitzberg, Jackson, Miss., for Jones.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Chief, Appellate Div., Charles E. Brookhart, William A. Whitledge, U.S. Dept. of Justice, Tax Div., Washington, D.C., for U.S.

Before RUBIN, WILLIAMS, and DAVIS, Circuit Judges.


OPINION ON CROSS-APPEAL

ALVIN B. RUBIN, Circuit Judge:

The United States appeals the district court's denial of the enforcement of its subpoena with respect to two documents described as "(1) letter from G. Booker Schmidt to Bill Jones and Lloyd Coppedge, dated January 21, 1981, consisting of five (5) pages; and (2) Memorandum addressing certain tax strategies, developed for use by Schmidt, consisting of sixteen (16) pages." The district court held that...

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