WEINER, District Judge.
The indictments returned against this defendant charge him with wilfully and knowingly failing to file income tax returns for the calendar years 1961, 1962 and 1964, and with wilfully and knowingly failing to file a timely income tax return for the calendar year 1964.
We have before us for disposition the defendant's motion to dismiss the indictment, or, in the alternative to suppress evidence. Petitioner further requests that a hearing be ordered to present evidence in support of his motion. His motions are predicated upon the alleged failure of the internal revenue agents to warn him that he had a right to remain silent, that anything he said or any records or information he furnished would be used against him and that he had a right to be represented by counsel.
His petition also alleges that on numerous occasions he was questioned by various agents and furnished them with certain information, both oral and written, which opened other sources of information concerning financial transactions he had with patients that he treated and companies with whom he transacted business. The government flatly denies defendants' allegations and to the contrary states that all constitutional warnings were given to the defendant prior to questioning or receipt of any of his records. However, for the purpose of determining if there was a violation of the defendant's constitutional rights we shall accept his contentions and thus focus our attention on the singular problem of the legal necessity of formally advising a taxpayer of his constitutional rights in a non-custodial tax investigation situation.
The defendant contends that his motion is supported by the decisions in Escobedo v. State of Illinois, 378 U.S. 478, 84 S. Ct. 1758, 12 L. Ed. 2d 977 (1964) and Miranda v. State of Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602 (1966), together with an observation made by Justice Douglas in his dissenting opinion in Thomas v. United States, 386 U.S. 975, 18 L. Ed. 2d 133, 87 S. Ct. 1164 (1967) the relevant portion thereof stating
"It concerns the apparent practice of Internal Revenue agents in examining taxpayers and using the evidence obtained in criminal prosecutions when the taxpayers are given no warning as to their rights, including the right to have an attorney present. This is not an in-custody case, but it is a coercive examination of a taxpayer at a critical preliminary hearing, so to speak, and the question presented apparently is a recurring one."