•  
  •  
 

Document Type

Article

Abstract

In investigating criminal tax fraud matters, the Internal Revenue Service (I.R.S.) has operated under certain informal customs and practices to obtain taxpayers' records from financial institutions and other third-party recordkeepers. These informal customs and practices often violate information-gathering procedures required by the Internal Revenue Code of 1954 (I.R.C.) and the Treasury Regulations. Therefore, taxpayers whose records have been obtained in violation of the I.R.C. and regulations may seek to suppress such evidence under the exclusionary rule3 by claiming violations of due process4 and the fundamental right of privacy. The focus of this article will be on the following three areas: (1) the formal procedures in acquiring such records as set forth in the I.R.C. and Treasury Regulations; (2) the informal customs and practices of the I.R.S. in obtaining a taxpayer's records from third party recordkeepers; and (3) the appropriate application of the exclusionary rule and availability of civil remedies when the information gathering procedures have violated the I.R.C. or Treasury Regulations.

Comments

Crofford J. Macklin Jr. is an Associate with Smith and Schnacke, Dayton, Ohio; B.A. Ohio State University, 1969; B.A. University of West Florida, 1974; J.D. Ohio State University, 1976.

Publication Date

5-1-1980

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.