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451 F.2d 352

Docket No. 21034.

United States v. Baker

Sixth Circuit Court of Appeals

Decided Nov. 26, 1971.

Sixth Circuit Court of Appeals · decided 1971-11-26

2 counsel of record

Applies 26 U.S.C. § 7605

Relies on United States of America, Plaintiff-Respondent v. Raymond A. O'COnnOr · Herbert F. Lessmann and Mildred Lessmann v. Commissioner of Internal Revenue, Herbert F. Lessmann v. Commissioner of Internal Revenue · United States v. Stribling

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-11-26

How this case has been cited

Cited by 6 later decisions — most recently July 2005

1 federal appellate ·

401971198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*353John L. Tyler, Detroit, Mich., for appellant.

¶2Richard B. Buhrman, Department of Justice, Washington, D. C., Johnnie M. Walters, Asst. Atty. Gen., Crombi J. D. Garrett, John P. Burke, Attys., Department of Justice, Washington, D. C., on the brief, for appellee.

¶3Before PHILLIPS, Chief Judge, and WEICK and CELEBREZZE, Circuit Judges.

¶4PER CURIAM.

¶5In his appeal from a conviction by a jury for income tax evasion, appellant complains about a re-examination of his books and records by agents of Internal Revenue Service without complying with the provisions of 26 U.S.C. § 7605(b). The trouble with this contention is that taxpayer never objected to the re-examination, but voluntarily furnished the books and records to the agents. He therefore waived compliance with the statute. Lessmann v. Commissioner of Internal Revenue, 327 F.2d 990, 996 (8th Cir. 1964); United States v. O’Connor, 237 F.2d 466, 476 (2d Cir. 1956); United States v. Young, 215 F. Supp. 202 (E.D.Mich.1963).

¶6There was no duty on the part of the Internal Revenue agents to advise taxpayer of his constitutional rights. United States v. Stribling, 437 F.2d 765 (6th Cir. 1971), and cases cited therein.

¶7Nor do we find any error in the admission of testimony of taxpayer’s attorney in fact, who was also an attorney at law. The attorney testified concerning leads furnished to the Government which it was bound to investigate in connection with its net worth computation. No confidential matters were disclosed to the agents.

¶8We find no error in an unresponsive answer of a witness to a question propounded by the Prosecutor. The Court did not unduly restrict cross-examination of the witness Washington.

¶9Affirmed.

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