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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Reginald C. Lindsay, U.S. District Judge]

John Berman appeals from the district court’s order dismissing his motion to quash an administrative summons served by the Internal Revenue Service; the dismissal was based on the ground that the motion was not timely filed. The pertinent facts are undisputed.

From 1991 until 1999, Berman was a partner in the Boston law firm of Davis, Malm & D’Agostine (“the Davis firm”). He is the subject of an ongoing income tax investigation by the IRS for the tax years 1993 through 1998. On May 1, 2000, the IRS issued a summons to the keeper of records at the Davis firm, requiring the production of various documents pertaining to Berman. Included in the summons was a request for all correspondence between Berman and the Davis firm or its employees between January 1, 1998, and April 28, 2000.

 
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