Anonymous - Page 6

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          circumstances will increase the risk that either petitioner or a            
          member of petitioner’s family will be the target of another                 
          kidnapping and that petitioner’s life or the lives of                       
          petitioner’s family will be placed in jeopardy.  We find these              
          facts compelling.  Petitioner has demonstrated through these                
          affidavits that physical harm has actually been inflicted against           
          a member of petitioner’s family, and there is a risk that the               
          same type of physical harm may be inflicted upon petitioner or              
          another member of petitioner’s family.                                      
               We must evaluate this risk of physical harm against the                
          public interest in access to judicial records.  See Nixon v.                
          Warner Commcns., Inc., supra at 602; Does I Thru XXIII v.                   
          Advanced Textile Corp., 214 F.3d 1058, 1069 (9th Cir. 2000); AT&T           
          Co. v. Grady, supra at 596; Willie Nelson Music Co. v.                      
          Commissioner, supra at 919.  After careful consideration of the             
          facts of this case, we find that the balance favors petitioner.             
          The risk of extreme physical harm to petitioner and petitioner’s            
          family outweighs the countervailing public interest favoring open           
          judicial proceedings.                                                       
          Permission To Proceed Anonymously                                           
               Petitioner also requests permission to proceed anonymously.            
          There is no provision in our Rules that permits a taxpayer to               
          proceed anonymously.1  The Rules generally require taxpayers’               

               1Written determinations of the Commissioner such as rulings,           
          determination letters, technical advice memoranda or Chief                  
          Counsel Advice and background file documents are generally made             
          public with certain deletions of names, addresses, and other                
                                                             (continued...)           




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