· 2/8/1974
United States of America and Carl Rosen, Revenue Agent of the Internal Revenue Service v. Alvin I. Malnik
Citations
- 489 F.2d 682
- 33 A.F.T.R.2d (RIA) 692
- 1974 U.S. App. LEXIS 10151
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that to sustain Fifth Amendment objection in absence of specific questions is unacceptable
- trial judge “must inquire whether there are questions which can be answered without forcing the witness to invoke the privilege”
- a subject of a subpoena should appear before the interrogating officer and under oath specifically claim his constitutional rights as to particular questions while answering others not presenting a threat of self-incrimination
- “A ‘blanket’ refusal to answer all questions is unacceptable.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ingraham, Wisdom, Dyer, Ingra-Ham
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.