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Criminal Defense Lawyer's 5th Amendment Privilege Trumps an IRS Summon

Criminal Defense Lawyer's 5th Amendment Privilege Trumps an IRS Summon

Defense Lawyer Pleading The 5th Beats IRS Summons preview imageAccording to Law360, A Minnesota federal judge has denied the IRS’ request to enforce a summons against a local criminal defense lawyer the agency accused of hiding tax-related information, agreeing with his Fifth Amendment objection citing the right against self-incrimination.

Attorney Martin S. Azarian had provided the tax agency certain documents in response to a summons over his income taxes. The IRS then sued in Minnesota federal court to obtain more information from him that he allegedly improperly withheld. The attorney pushed back, asserting a reasonable fear of prosecution under the Fifth Amendment.
Agreeing with a magistrate judge's report and recommendation, U.S. District Judge Wilhelmina M. Wright ruled Tuesday that Azarian's Fifth Amendment privilege assertion is valid.

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Read more at: Tax Times blog

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