Albert J. Wild and Air Conditioning Supply Co., Inc. v. United States of America, Bennett Y. Brewer, and Valley National Bank

In 1965, Bennett Y. Brewer, a special agent of the Internal Revenue Service, was conducting an investigation of the tax affairs of Albert J. Wild and Air Conditioning Supply Company for the years 1960 to 1962. Pursuant to this investigation, and purporting to act on the authority of section 7602 of the Internal Revenue Code of 1954 (Code), 26 U.S.C. § 7602 (1964), Brewer issued a summons to Valley National Bank of Phoenix, Arizona. The summons directed the bank to produce for examination various financial records pertaining to transactions between the bank and Wild.

Wild obtained a preliminary injunction restraining the bank from complying with the summons. The United States and Brewer then commenced these proceedings against the bank to enforce the summons, invoking section 7604(a) of the Code, 26 U.S.C. § 7604 (a) (1964). Wild intervened, a hearing was held, and an order was entered granting the petition for enforcement. Wild appeals. The bank did not appeal and is named herein as a nominal appellee.

The several purposes for which an Internal Revenue Service summons may be issued are stated in section 7602 of the Code. One such purpose is: “ * * * ascertaining the correctness…