The United States Versus Loren C. Troescher
Second IRS Appeal
There are two documents here, both filed by the IRS in relation to its appeal of the District Court's final decision.
Nora M. Manella
United States Attorney
EDWARD M. ROBBINS, JR.
Assistant United States Attorney
Chief, Tax Division
Gregory A. Roth
Assistant United States Attorney
Room 2315, Federal Building
300 North Los Angeles Street
Los Angeles, CA 90012
Telephone: (213) 894-2576
Facsimile: (213) 894-0115
Attorneys for the United States of America,
Petitioner and Appellant
United States District Court
Central District Of California
Western Division
| United States Of America Petitioner v. Loren C. Troescher, Respondent-Appellee |
Case No. CV-93-5736-SVW(SHx) NOTICE OF APPEAL |
PLEASE TAKE NOTICE that petitioner United States of America hereby appeals to the United States Court of Appeals for the Ninth Circuit from the 'ORDER DENYING MOTION TO COMPEL," dated December 23, 1997, of the District Court for the Central District of California, entered on December 30, 1997, a copy of which is attached hereto as Exhibit A.
Second IRS Appeal
Issues Proposed To Be Raised On Appeal
1. Whether the Court erred in determining that because Defendant is alleged not to have filed tax returns for a number of years, various answers could lead investigators to find unreported income.
2. Whether the Court erred in determining that Defendant has properly asserted the Fifth Amendment privilege and/or otherwise properly objected to the questions numbered by the Court as 1 through 13.
3. Whether the Court erred in determining that because "Defendant's tenure at his current residence is easily obtainable from other sources, including public records," the United States is not prejudiced by Defendant's refusal to answer questions 5 and 6.
4. Whether the Court erred in determining that because "Defendant's tenure at his current residence is easily obtainable from other sources, including public records," Defendant will not be compelled to answer questions 5 and 6.
5. Whether the Court erred in determining that because "the Court fails to see the relevance of Defendant's relocation plans to this investigation," Defendant will not be compelled to answer questions 5 and 6.
6. Whether the Court erred in determining that questions seeking information regarding Defendant's occupation may lead to incriminating evidence.
7. Whether the Court erred in determining that the answers to questions 13 through 20 could conceivably lead to the discovery of evidence showing that Defendant received income which he has not, to date, reported to the IRS.
8. Whether the Court erred in determining that questions 21 through 33 are "clearly subject to Fifth Amendment protection."
9. Whether the Court erred in determining that as to each of the questions and document requests put to Defendant, Defendant properly invoked his Fifth-Amendment privilege in each instance.
10. Whether the Court erred in denying the United States' motion to compel Defendant's answer.
11. Whether the court erred in denying the United States' motion to hold Defendant in civil contempt and impose sanctions for failure to comply with the Court's order enforcing IRS summons.
Dated: February 26, 1998
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