Patrick W. Healey and Nancy L. Marshall - Page 25

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          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).  Petitioners              





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