CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Self-Incrimination Privilege
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IRS
............Tax Returns
3 Cards On This Topic:
Where D’s defense was Note re loan from P was extinguished because of novation and P agreed to write it off on his Canadian taxes, P’s Canadian returns were relevant and not privileged, and court erred in excluding them.
Though finding D liable for punitive damages not enough to make tax return privilege inapplicable, privilege didn't apply where D kept Ps from obtaining relevant nonprivileged financial information for their claim.
State statute requiring filing of tax returns does not violate Fifth Amendment.