Summons Production Ordered from Law Firm for Client Documents in Its Possession

In United States v. Sideman & Bancroft, LLP (ND CA 4/8/11 - No. 3:11-cv-00736), the court enforced a summons issued to the taxpayer-target's criminal defense attorneys, Sideman & Bancroft LLP ("Sideman"). The facts were: The taxpayer had delivered the documents in question to her return preparer, an enrolled agent. Then, while the return preparer held the documents, the IRS obtained a search warrant for the taxpayer's residence and business premises. The documents were within the description contained on the search warrant, but, of course, the IRS did not find the seize the documents because they were at the return preparer's office. But the agent did find documents referring to the return preparer.  During the execution of the search warrant, the taxpayer talked with the return preparer and then went to the return preparer's office to sign one of the returns. After the taxpayer left, the return preparer realized that she had documents within the scope of the search warrant. She called the taxpayer's attorney, a Richard Guadagni to advise and have them delivered to the IRS. Guadagni took possession of the documents later that day but delivered them to the taxpayer's new attorney, Jay Weill with Sideman. The return preparer said that she would not have given the documents to Guadagni if she had known he would not deliver them to the IRS. Apparenltly, the return preparer advised the IRS of the description of the documents and, using the description, the IRS summonsed from Sideman.
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