Robert G. Wray v. Internal Revenue Service, D. Randall Smith and David G. Frythe

Ninth Circuit

Robert G. Wray v. Internal Revenue Service, D. Randall Smith and David G. Frythe

783 F.2d 767, 1986 U.S. App. LEXIS 22568

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 28, 1986

Docket84-6548

StatusPublished

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This text of 783 F.2d 767 (Robert G. Wray v. Internal Revenue Service, D. Randall Smith and David G. Frythe) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Robert G. Wray v. Internal Revenue Service, D. Randall Smith and David G. Frythe, 783 F.2d 767, 1986 U.S. App. LEXIS 22568 (9th Cir. 1986).

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Opinion

ORDER

Appellees’ motion to dismiss this appeal as moot is granted. United States v. Silva and Silva Accountancy Corp., 641 F.2d 710, 711 (9th Cir.1981). The case is remanded to the district court with directions to vacate the order dismissing the petition to quash the summons and to dismiss the petition as moot.

ON MOTION FOR RECONSIDERATION

Appellant’s motion for reconsideration of our order of December 4, 1985, is denied. Appellant is not prohibited from attempting to suppress the information obtained through the summons if the Government seeks to use that information against him in a subsequent proceeding. See United States v. Sherlock, 756 F.2d 1145, 1147 (5th Cir.1985); United States v. Kis, 658 F.2d 526, 535 (7th Cir.1981), cert. denied, 455 U.S. 1018, 102 S.Ct. 1712, 72 L.Ed.2d 135 (1982); see also United States v. Munsingwear, 340 U.S. 36, 40, 71 S.Ct. 104, 107, 95 L.Ed. 36 (1950).

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ORDER

Appellees’ motion to dismiss this appeal as moot is granted. United States v. Silva and Silva Accountancy Corp., 641 F.2d 710, 711 (9th Cir.1981). The case is remanded to the district court with directions to vacate the order dismissing the petition to quash the summons and to dismiss the petition as moot.

ON MOTION FOR RECONSIDERATION

Appellant’s motion for reconsideration of our order of December 4, 1985, is denied. Appellant is not prohibited from attempting to suppress the information obtained through the summons if the Government seeks to use that information against him in a subsequent proceeding. See United States v. Sherlock, 756 F.2d 1145, 1147 (5th Cir.1985); United States v. Kis, 658 F.2d 526, 535 (7th Cir.1981), cert. denied, 455 U.S. 1018, 102 S.Ct. 1712, 72 L.Ed.2d 135 (1982); see also United States v. Munsingwear, 340 U.S. 36, 40, 71 S.Ct. 104, 107, 95 L.Ed. 36 (1950).

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783 F.2d 767, 1986 U.S. App. LEXIS 22568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-g-wray-v-internal-revenue-service-d-randall-smith-and-david-g-ca9-1986.

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