United States v. Silverstein

Decision Date11 May 1965
Docket NumberDocket 29538.,No. 470,470
Citation344 F.2d 1016
PartiesUNITED STATES of America, Petitioner-Appellee, v. Harry G. SILVERSTEIN, Respondent-Appellant.
CourtU.S. Court of Appeals — Second Circuit

Stephen Charnas, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, and Laurence Vogel, Asst. U. S. Atty., New York City, on the brief), for petitioner-appellee.

Jules Ritholz, New York City (Boris Kostelanetz and Raymond Rubin, Corcoran, Kostelanetz & Gladstone, New York City, on the brief), for respondent-appellant.

Before LUMBARD, Chief Judge, and FRIENDLY and ANDERSON, Circuit Judges.

PER CURIAM:

We affirm the order of the District Court for the Southern District of New York which directed Harry G. Silverstein to comply with an Internal Revenue summons and to produce the book and records of two real estate syndicates, Model City B Associates and Model City C Associates. We agree with the reasons stated by Judge Bryan in his opinion, reported at 237 F.Supp. 446 (1965). As Judge Bryan pointed out, the real estate syndicates here involved are very similar to the real estate syndicates involved in the earlier case of United States v. Silverstein, 210 F.Supp. 401 (1962), aff'd by us, 314 F.2d 789, cert. denied, 374 U.S. 807, 83 S.Ct. 1696, 10 L.Ed.2d 1031 (1963), where Judge Tyler directed this same respondent to produce the records of those syndicates.

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2 cases
  • United States v. Cogan, M 11 188.
    • United States
    • U.S. District Court — Southern District of New York
    • August 2, 1966
    ... ... 370, 50 L.Ed. 652 (1906), is available to him as a member of the partnerships in question, characterized by the Government as "impersonal enterprises."1 "The inquiry is, therefore, essentially a factual one into the nature of 257 F. Supp. 171 the particular entity." United States v. Silverstein", 314 F.2d 789, 791 (2d Cir. 1963), cert. denied, 374 U.S. 807, 83 S. Ct. 1695, 10 L.Ed.2d 1031 (1963). The materials for the inquiry—in effect stipulated through an affidavit of respondent's counsel which the Government accepts as correct for present purposes— are as follows: ...        \xC2" ... ...
  • Pawgan v. Silverstein, 66 Civ. 3351.
    • United States
    • U.S. District Court — Southern District of New York
    • March 30, 1967
    ...265 F. Supp. 898 ... Martin PAWGAN et al., Plaintiffs, ... Larry A. SILVERSTEIN et al., Defendants ... No. 66 Civ. 3351 ... United States District Court S. D. New York ... March 30, 1967.265 F. Supp. 899         Harvey M. Sklaver and Schwartz & Frank, New York City, for ... ...

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