- 25 - for respondent to impose the penalties unless respondent responds to their discovery requests. Petitioners speculate that the facts they seek may show that petitioners were treated unlawfully or arbitrarily, or lead to evidence showing that there was unlawful discrimination. Respondent contends that the data would be irrelevant and production would be burdensome. We need not allow discovery relating to a claim that respondent has selectively enforced the law or unlawfully discriminated unless the proponent makes a prima facie showing that both elements of the standard stated above are met. St. German of Alaska E. Orthodox Catholic Church v. United States, supra; United States v. Bohrer, 807 F.2d 159, 161 (10th Cir. 1986); United States v. Bustamante, 805 F.2d 201, 202 (6th Cir. 1986); United States v. Moon, 718 F.2d 1210, 1229 (2d Cir. 1983); United States v. Ness, 652 F.2d 890, 892 (9th Cir. 1981); United States v. Catlett, 584 F.2d 864, 866 (8th Cir. 1978); Penn- Field Indus., Inc. v. Commissioner, 74 T.C. 720, 724 (1980) (Internal Revenue Service (IRS) was not required to produce audit data to taxpayer which failed to make a prima facie case that it was improperly selected for audit); Davis v. Commissioner, 65 T.C. 1014, 1022-1024 (1976) (IRS was not required to produce letter rulings relating to other taxpayers who had claimed deductions similar to those claimed by taxpayer). PetitionersPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011