UNITED STATES of America, and Robert H. Cluberton, Internal Revenue Agent,

                Internal Revenue Service, Petitioners-Appellees,

                                       v.

     CHURCH OF SCIENTOLOGY OF CALIFORNIA and Henning Heldt, Vice President,

                             Respondents-Appellants.

                                  No. 74-1487.

                         United States Court of Appeals,

                                 Ninth Circuit.

                                 June 26, 1975.

  Internal Revenue Service filed petition seeking enforcement of summons

 requiring church officer to testify and to produce for examination certain

 church records bearing on church's federal income tax liability.  The United

 States District Court for the Central District of California, Harry Pregerson,

 J., entered order enforcing summons and denied church's request for

 preenforcement discovery, and church appealed.  The Court of Appeals, Duniway,

 Circuit Judge, held that Service's litigative strategy in prior proceedings

 involving the church did not sufficiently evince bad faith so as to require

 denial of enforcement, that mere conclusory allegations of bad faith harassment

 and bad purpose were not sufficient to warrant preenforcement discovery but

 that church's allegations of bad faith harassment, though thin, raised

 sufficient doubt about Service's purposes to require the district court to hold

 a limited evidentiary hearing to determine whether further inquiry into the

 Service's purposes by way of discovery was warranted.

  Reversed and remanded.



 [1] FEDERAL COURTS

 Court of Appeals had jurisdiction of appeal from district court order enforcing

 summons issued by internal revenue service agent and denying taxpayer's request

 for pre-enforcement discovery.  26 U.S.C.A. (I.R.C.1954) s 7602;  28

 U.S.C.A. s 1291.



 [2] INTERNAL REVENUE

 An internal revenue summons is administratively issued but its enforcement is

 only by federal court authority in an adversary proceeding affording the

 opportunity for challenge and complete protection of the witness.  26

 U.S.C.A. (I.R.C.1954) s 7602.



 [3] INTERNAL REVENUE

 Federal Rules of Civil Procedure apply to a proceeding to enforce an internal

 revenue service summons.  26 U.S.C.A. (I.R.C.1954) s 7602;  Fed.Rules

 Civ.Proc. rule 81(a)(3), 28 U.S.C.A.



 [4] FEDERAL CIVIL PROCEDURE

 Federal Rules of Civil Procedure, as applied in a summons proceeding, are not

 inflexible;  the district court may limit their application in a proceedings to

 enforce a summons, which is intended to be a summary proceeding, so long as the

 rights of the parties summoned are protected and adversary hearing, if

 requested, is made available.  Fed.Rules Civ.Proc. rule 81(a)(3), 28

 U.S.C.A.



 [5] INTERNAL REVENUE

 Internal Revenue Service need not meet any standard of probable cause to obtain

 enforcement of a summons;  it must show only (1) that the investigation will be

 conducted pursuant to a legitimate purpose, (2) that the inquiry may be

 relevant to the purpose, (3) that the information sought is not already within

 the Service's possession and (4) that the administrative steps required by the

 internal revenue code have been followed.  26 U.S.C.A. (I.R.C.1954)

 s 7602.



 [5] INTERNAL REVENUE

 Internal Revenue Service need not meet any standard of probable cause to obtain

 enforcement of a summons;  it must show only (1) that the investigation will be

 conducted pursuant to a legitimate purpose, (2) that the inquiry may be

 relevant to the purpose, (3) that the information sought is not already within

 the Service's possession and (4) that the administrative steps required by the

 internal revenue code have been followed.  26 U.S.C.A. (I.R.C.1954)

 s 7602.



 [6] INTERNAL REVENUE

 Fact that proposed assessments for earlier years were pending at time of

 internal revenue service summons for church records bearing on subsequent tax

 years did not in itself indicate bad faith sufficient to deny enforcement of

 summons;  under code, determination of tax exempt status for a given year

 depends upon the financial operations of the church for that year;  in any

 event, since gross receipts for subsequent tax years were markedly

 higher than those for prior years it was not unreasonable for the service to

 investigate the different periods separately but simultaneously.  26

 U.S.C.A. (I.R.C.1954) ss 501(c)(3), 7602.



 [7] INTERNAL REVENUE

 Fact that in one instance the Internal Revenue Service tendered return of taxes

 paid by church and in another case the government admitted error did not

 sufficiently establish a bad faith "harass and moot" strategy on part of the

 Service so as to warrant denial of enforcement of summons requiring production

 of certain church records bearing on its federal income tax liability;

 likewise, fact that Service may have capitulated in certain cases because small

 amounts were in issue or because it had insufficient evidence to sustain its

 case was no reason to bar it from gathering evidence it deemed necessary in

 instant case.  26 U.S.C.A. (I.R.C.1954) ss 501(c)(3), 7602.



 [8] INTERNAL REVENUE

 Mere unsupported allegations of harassment and improper purpose are not alone

 sufficient to require the court to deny enforcement of internal revenue service

 summons.  26 U.S.C.A. (I.R.C.1954) s 7602.



 [9] FEDERAL CIVIL PROCEDURE

 In proceedings seeking enforcement of administrative summons, such as an

 internal revenue service summons, the district court has considerable

 discretion to restrict or deny discovery.  26 U.S.C.A. (I.R.C.1954)

 s 7602;  Fed.Rules Civ.Proc. rule 81(a)(3), 28 U.S.C.A.



 [9] INTERNAL REVENUE

 In proceedings seeking enforcement of administrative summons, such as an

 internal revenue service summons, the district court has considerable

 discretion to restrict or deny discovery.  26 U.S.C.A. (I.R.C.1954)

 s 7602;  Fed.Rules Civ.Proc. rule 81(a)(3), 28 U.S.C.A.



 [10] FEDERAL CIVIL PROCEDURE

 In contrast to the procedure in ordinary civil cases, discovery in a summary

 summons enforcement proceeding is the exception rather than the rule.

 Fed.Rules Civ.Proc. rule 81(a)(3), 28 U.S.C.A.



 [11] FEDERAL CIVIL PROCEDURE

 Party resisting enforcement of an administrative summons must do more than

 allege an improper purpose to entitle him to pre-enforcement discovery.

 Fed.Rules Civ.Proc. rule 81(a)(3), 28 U.S.C.A.



 [12] INTERNAL REVENUE

 Allegations that Internal Revenue Service issued administrative summons for

 improper purpose or to harass taxpayers were not alone sufficient to warrant

 preenforcement discovery;  to allow taxpayer to depose examining agent and its

 superiors and to inspect internal revenue service records and memoranda on

 basis of such conclusory allegations would place undue burdens on the service

 and impede what is supposed to be a summary enforcement procedure.  26

 U.S.C.A. (I.R.C.1954) s 7602;  Fed.Rules Civ.Proc. rule 81(a)(3), 28

 U.S.C.A.



 [13] INTERNAL REVENUE

 A taxpayer resisting enforcement of internal revenue service summons bears

 burden of proving bad faith harassment or other abuse.  26 U.S.C.A.

 (I.R.C.1954) s 7602.



 [14] INTERNAL REVENUE

 A taxpayer resisting enforcement of internal revenue service summons on ground

 of bad faith harassment or other abuse is entitled to some opportunity to

 substantiate his allegations;  holding of an evidentiary hearing would

 accommodate the needs of efficient tax administration and at the same time

 provide a reasonable opportunity for the summonee to carry the burden of

 showing an abuse of process.  26 U.S.C.A. (I.R.C.1954) s 7602;

 Fed.Rules Civ.Proc. rule 81(a)(3), 28 U.S.C.A.



 [15] INTERNAL REVENUE

 Purpose of an evidentiary hearing to determine whether to grant discovery in

 proceeding seeking enforcement of internal revenue service summons is to sift

 out those rare cases where bald allegations of harassment or improper purpose

 can be substantiated and thereby avoid dilatory and burdensome discovery

 procedures.  26 U.S.C.A. (I.R.C.1954) s 7602;  Fed.Rules Civ.Proc.

 rule 81(a)(3), 28 U.S.C.A.



 [16] INTERNAL REVENUE

 Since church's allegations of bad faith harassment by Internal Revenue Service,

 though thin, raised doubt as to Service's purposes, district court should have

 held a limited evidentiary hearing to determine whether further inquiry into

 the Service's purposes by way of discovery was warranted;  although such a

 hearing would entail cross-examination of the summoning agent, permissible

 scope of the hearing was for the district court's discretion.  26 U.S.C.A.

 (I.R.C.1954) s 7602;  Fed.Rules Civ.Proc. rule 81(a)(3), 28 U.S.C.A.



 [17] INTERNAL REVENUE

 Although summonee attempted discovery only by way of taking deposition and

 request for internal revenue service documents, summonee did not waive its

 right to evidentiary hearing to determine whether further inquiry into

 Service's purposes by way of discovery was warranted where summonee twice

 called district court's attention to case law providing for such a hearing in

 an enforcement proceeding.  26 U.S.C.A. (I.R.C.1954) s 7602.

  *820 James Q. Fisher (argued), Encino, Cal., for respondents-appellants.

  Alfred S. Lombardi, Atty. (argued), Tax Div., U. S. Dept. of Justice,

 Washington, D. C., for petitioners-appellees.

                                     OPINION



  Before DUNIWAY and ELY, Circuit Judges, and JAMESON,[FN*] District Judge.



      FN* The Honorable William J. Jameson, Senior United States District Judge

     for the District of Montana, sitting by designation.



  DUNIWAY, Circuit Judge:

  The Church of Scientology of California appeals from the district court's

 order enforcing a summons issued by an Internal Revenue Service agent under

 s 7602 of the Internal Revenue Code of 1954, 26 U.S.C. s 7602, and

 denying the Church's request for pre-enforcement discovery.  We reverse and

 remand for further proceedings.

  I. Facts.

  On February 8, 1973, agent Cluberton of the Service's Audit Division issued a

 summons to Henning Heldt, then vice president of the Church of Scientology of

 California, requiring Heldt to appear on February 20, 1973, to testify and to

 produce for examination certain records of the Church bearing on its federal

 income tax liability for 1968 and 1969.  Heldt appeared at the appointed time,

 apparently willing to testify, but without the required records.  Heldt said

 that he was no longer an officer of the Church and that he had neither control

 nor possession of the records because he had resigned as director and vice

 president of the Church four days earlier, on February 16, 1973.  The agent

 noted Heldt's appearance but did not examine him.  In the course of two years

 of negotiations preceding the issuance of the summons, Heldt had consistently

 held himself out to the agent as the representative of the Church in charge of

 its books and records, and never stated that he was contemplating resigning.

  On September 5, 1973, the Service petitioned the district court to enforce the

 summons against Heldt and the Church under 26 U.S.C. ss 7402(b) and

 7604(a), both of which somewhat redundantly gave the district courts

 jurisdiction "by appropriate process" to compel compliance with such

 summonses.  The district court issued an order requiring Heldt and the Church

 to show cause why they should not be required to comply with the summons.

  Heldt and the Church then filed a notice of taking depositions of agent

 Cluberton and two other Service officials and a demand for the production of

 Service files relating to the Church.  The Service moved to quash this

 discovery.  Then Heldt and the Church responded to the order to show cause by

 alleging, inter alia, that the Service had issued the summons for the bad faith

 purpose of harassing the Church.  More specifically, the Church asserted that

 the instant *821 summons was part of a concerted nationwide Service strategy

 to harass various churches of Scientology, which are in the Church's words

 "doctrinal cousins" but separate entities.  According to the Church, the

 Service has followed a pattern of initiating investigations and administrative

 and judicial proceedings, but nonetheless resisting definitive determination of

 the tax exempt status of those churches all, the Church alleges, for the

 purpose of applying pressure to the churches to settle the issue of their

 claimed tax exemptions and of eliminating Scientology organizations.  The

 Church sought to take the depositions of Service officials to attempt to

 uncover evidence to support these allegations.

  The district judge held a hearing on the order to show cause and on the

 Service's motion to quash discovery, listening to oral argument by counsel, but

 without the presentation of testimony or other evidence other than affidavits

 already on file.  Concluding that the "allegation of harassment is not

 supported by the record," the judge entered orders (1) quashing the notice of

 taking of depositions and (2) enforcing the summons against the Church.  At the

 request of the Church, the judge stayed enforcement of the summons pending

 appeal, on the condition that the Church deposit with the court all of the

 books and records sought by the summons.  The Church did so, filling 23 trunks

 with records, and brought this appeal.

  [1] We have jurisdiction under 28 U.S.C. s 1291.  Reisman v. Caplin,

 1964,  375 U.S. 440, 449, 84 S.Ct. 508, 11 L.Ed.2d 459; D. I. Operating Co.

 v. United States, 9 Cir., 1963, 321 F.2d 586.

  II.  Summons Enforcement Proceedings in General.

  We begin with a review of a few basic, settled principles.

  [2][3][4] An internal revenue summons is "administratively issued but its

 enforcement is only by federal court authority in 'an adversary proceeding'

 affording the opportunity for challenge and 'complete protection to the

 witness.' " Donaldson v. United States, 1971, 400 U.S. 517, 525, 91 S.Ct.

 534, 539, 27 L.Ed.2d 580; Reisman v. Caplin, 1964, 375 U.S. 440, 446, 84

 S.Ct. 508, 11 L.Ed.2d 459.  The Federal Rules of Civil Procedure apply to a

 summons proceeding.  Fed.R.Civ.P. 81(a)(3); United States v. Powell,

 1964, 379 U.S. 48, 58, n. 18, 85 S.Ct. 248, 13 L.Ed.2d 112; Martin v.

 Chandis Securities Co., 9 Cir., 1942, 128 F.2d 731, 734.  But the Civil Rules

 are not inflexible; a district court may limit their application in a

 proceeding to enforce a summons which is intended to be a summary proceeding,

 so long as the rights of the party summoned are protected and an adversary

 hearing, if requested, is made available.  Donaldson, supra, 400 U.S. at

 528-29, 91 S.Ct. 534.

  [5] The Internal Revenue Service need not meet any standard of probable

 cause to obtain enforcement of its summons; it must show only (1) that the

 investigation will be conducted pursuant to a legitimate purpose; (2) that the

 inquiry may be relevant to the purpose; (3) that the information sought is not

 already within the Service's possession; and (4) that the administrative steps

 required by the Internal Revenue Code have been followed.  United States v.

 Powell, supra, 379 U.S. at 57-58, 85 S.Ct. 248.

  However, as the Court explained in Powell, 379 U.S. at 58, 85 S.Ct. at 255

 (footnotes omitted):

   This does not make meaningless the adversary hearing to which the taxpayer is

 entitled before enforcement is ordered.  At the hearing he "may challenge the

 summons on any appropriate ground," Reisman v. Caplin, 375 U.S. 440, at 449,

 84 S.Ct. (508), at 513 (11 L.Ed.2d 459).  Nor does our reading of the

 statutes mean that under no circumstances may the court inquire into the

 underlying reasons for the examination.  It is the court's process which is

 invoked to enforce the administrative summons and a court may not permit its

 process to be abused.  Such an abuse would take place if the summons had been

 issued for an improper *822 purpose, such as to harass the taxpayer or to

 put pressure on him to settle a collateral dispute, or for any other purpose

 reflecting on the good faith of the particular investigation.  The burden of

 showing an abuse of the court's process is on the taxpayer, and it is not met

 by a mere showing, as was made in this case, that the statute of limitations

 for ordinary deficiencies has run or that the records in question have already

 been once examined.

  These principles were reaffirmed by the Court in Donaldson v. United

 States, 1971, 400 U.S. 517, 526-27, 91 S.Ct. 534, 27 L.Ed.2d 580, and more

 recently in United States v. Bisceglia, 1975, 420 U.S. 141, 146, 95 S.Ct.

 915, 43 L.Ed.2d 88.

  III.  The Alleged Abuse of Process.

  The four criteria for enforcement set out in Powell were satisfied in this

 case.  The principal question on appeal is whether the district court erred in

 enforcing the summons without allowing discovery and without taking evidence on

 the alleged abuse of the court's process.  We conclude that the court should

 have held a limited pre-enforcement evidentiary hearing.

  A.  The Allegation of Bad Faith IRS Harassment.

  We first consider the Church's allegations and the support for them that

 appears in the record.

  Attached to the Church's memorandum in opposition to enforcement of the

 summons is a "Summary of Administrative and Judicial Proceedings involving the

 Church of Scientology and its Parishioners," which the Church says reveals a

 pattern of bad faith IRS harassment.  This summary lists eleven proceedings

 involving various churches of Scientology.  With respect to the California

 Church, the summary states that the Service retroactively revoked the tax

 exempt status of the California Church in 1968 and that questions of the

 Church's tax liability for 1964 through 1967 were pending at the appellate

 conference level when the summons was issued.  Also appended to the memorandum

 are the affidavit of Heldt and certain correspondence between the Church and

 Service officials in which the Church asked the Service, and the Service

 refused, to defer the examination for 1968 and 1969 while examinations for

 earlier years were pending.

  [6][7] The pendency of proposed assessments for the earlier years, however,

 does not in itself indicate bad faith on the part of the Service.  Under s

 501(c)(3) of the Code, determination of tax exempt status for a given year

 depends upon the financial operation of the Church for that year.  See

 Church of Scientology of Hawaii v. United States, 9 Cir., 1973, 485 F.2d

 313, 319 (Koelsch, J., dissenting).  Moreover, the gross receipts of the

 California Church for 1968 and 1969 were markedly higher than those for 1964

 through 1967.  It was not unreasonable for the Service to investigate the

 different periods separately but simultaneously.

  The Church also cites our Church of Scientology of Hawaii case, supra, and

 another case now pending on appeal to this court, Handeland v. Commissioner,

 519 F.2d 327, as evidence of an alleged bad faith "harass and moot" strategy in

 which the Service repeatedly imposes assessments on churches of Scientology but

 stops short of litigating the merits of the churches' tax exempt status by

 refunding the taxes paid or conceding non-liability.  In the Church of

 Hawaii case, we held that the taxpayer's suit for a refund was not mooted by

 the Service's tender of the taxes paid.  Handeland involves an action in the

 Tax Court by ministers of the Church of Scientology of Minnesota in which the

 government admitted error and the Tax Court entered a judgment without opinion

 for the ministers.  The propriety of this mooting tactic is not now before us.

 If this mooting tactic is improper, the Church will have its remedy, as it did

 in the Church of Hawaii case.

  For present purposes, we conclude only that the Service's litigative strategy

 in *823 those cases does not sufficiently evince bad faith to require us or

 the district court to deny enforcement of the summons.  It may be that the

 Service has capitulated in certain cases because small amounts were in issue or

 because it has insufficient evidence to sustain its case.  We see no reason to

 bar it from gathering the evidence it deems necessary in this case.  We note in

 passing that the Service has litigated to finality and won a case involving the

 tax exempt status of a Scientology church in Founding Church of Scientology

 v. United States, 1969, 412 F.2d 1197, 188 Ct.Cl. 490, cert. denied, 397

 U.S. 1009, 90 S.Ct. 1237, 25 L.Ed.2d 422, where the court held that the Church

 failed to prove that no part of the corporation's net earnings inured to the

 benefit of private individuals.  See 26 U.S.C. s 501(c)(3).

  As evidence of purportedly improper Service motives, the Church also relies on

 a Service "Manual Supplement" dated September 2, 1970.  Its stated purpose, as

 we observed in Church of Scientology of Hawaii, supra, 485 F.2d at 317, is

 to identify "Church of Scientology type religious organizations" and to provide

 guidelines for examining returns and processing applications.  However, we see

 no reflection of a nefarious purpose on the face of this document.

  The manual supplement is based on the opinion of the Court of Claims in

 Founding Church of Scientology v. United States, supra.  The court discussed

 both the tenets and the structure of Scientology organizations.  After pointing

 out that the Founding Church tithed 10 percent of its gross income to founder

 L. Ron Hubbard, the court observed, 412 F.2d at 1199:

   Other Scientology congregations, franchises, and organizations also paid

 Hubbard a portion of their gross income, usually 10 percent.

  The Court of Claims explained, 412 F.2d at 1201:

   For purposes of deciding this case, we do not consider the income accruing to

 Hubbard from the affiliated congregations and organizations as coming from

 plaintiff.  However, under the circumstances here, the fact that Hubbard had

 income from such closely related sources indicates that Hubbard's compensation

 from plaintiff was not for full-time service.  During the years in issue these

 other percentages, fees, and commissions, so far as the record shows, were

 apparently received or receivable by Hubbard for his personal use.  Such an

 arrangement suggests a franchise network for private profit and, in turn, casts

 doubt upon the propriety of the payments by plaintiff to Hubbard and the

 members of his family.  The fact that Hubbard was the recipient of income from

 plaintiff in the form of royalties and commissions likewise occasions an

 inference of personal gain.

  Given the evidence in that case and the conclusions of the Court of Claims, it

 was entirely reasonable for the Service, using the characteristics sketched by

 that court, to identify Scientology organizations and to establish a uniform

 policy and procedure for examining them.  In fact, we might suspect an improper

 external influence if, under the circumstances, the Service did not give such

 organizations careful scrutiny.

  [8] In short, we agree with the district court that the allegations of

 harassment and improper purposes were not supported by the record and standing

 alone did not require the court to deny enforcement.  However, our inquiry does

 not end here, for it may be that the Church's allegations have more substance

 than meets the eye.  See, e. g., Center on Corporate Responsibility, Inc. v.

 Schultz, D.D.C., 1973, 368 F.Supp. 863 (evidence of White House use of IRS

 administrative actions against certain "activist" organizations whose views

 were offensive to the White House).

  B.  Denial of Discovery and Evidentiary Hearing.

  The Church contends that it was entitled to discovery under Fed.R.Civ.P. 30

 and 34 or, failing that, an evidentiary hearing to inquire into the motives

 of the Service in issuing the summons.

  *824 [9][10][11][12] Under Fed.R.Civ.P. 81(a)(3) the district court

 has considerable discretion to restrict or deny discovery.  See United

 States v. Bell, 9 Cir., 1971, 448 F.2d 40, 42; United States v. Ruggeiro, 9

 Cir., 1970, 425 F.2d 1069, 1071; United States v. Ahmanson, 9 Cir., 1969,

 415 F.2d 785, 787.  In contrast to the procedure in ordinary civil cases,

 discovery in a summary summons enforcement proceeding is the exception rather

 than the rule.  The party resisting enforcement should be required to do more

 than allege an improper purpose before discovery is granted.  United States

 v. National State Bank, 7 Cir., 1972, 454 F.2d 1249, 1252; United States v.

 Salter, 1 Cir., 1970, 432 F.2d 697, 700.  Conclusory allegations carefully

 tailored to the language of Powell, supra, that the Service has issued a

 summons for an improper purpose such as to harass the taxpayer or to put

 pressure on him to settle a collateral dispute, are easily made.  See

 Garrett v. United States, 9 Cir., 1975, 511 F.2d 1037.

  Allowing the Church to take depositions of the examining IRS agent and his

 superiors and to inspect internal IRS records and memoranda on the basis of

 such conclusory allegations would place undue burdens on the Service and impede

 what is supposed to be a summary enforcement procedure.  Accordingly, we reject

 the Church's argument that it was entitled to pre-enforcement discovery.

  [13][14][15][16] Nonetheless, because, as we have seen, the Church or any

 other summonee bears the burden of proving bad faith harassment or other abuse,

 we think that the summonee must be afforded at least some opportunity to

 substantiate its allegations.

  The Church argues that, failing to grant its request for discovery, the

 district court should at least have held an evidentiary hearing to inquire

 further into the motives of the Service in issuing the summons.  As the Church

 points out, that was the approach adopted by the First Circuit in United

 States v. Salter, 1 Cir., 1970, 432 F.2d 697, where the summonee also alleged

 an improper Service purpose in issuing a summons.  There the court said (at

 700):

   We agree with the government, however, that respondent should be required to

 do more than allege an improper purpose before discovery is ordered in a

 proceeding of this type.  Some evidence supporting respondent's allegations

 should be introduced.  We approve of the following suggestion, offered by the

 government:

   "The general solution would probably be for the district court to proceed

 directly to a hearing at which, if desired, the summonee could examine the

 agent who issued the summons, concerning his purpose.  The court could then, by

 observation and, where necessary, its own questioning of the agent, makes its

 own determination of whether exploration, as by discovery, seemed to be in

 order."

   If, at the end of the hearing, there remains a substantial question in the

 court's mind regarding the validity of the government's purpose, it may then

 grant discovery.

  The Third Circuit has recently adopted a similar procedure in United States

 v. McCarthy, 3 Cir., 1975, 514 F.2d 368.  We agree with the First and Third

 Circuits that this solution would accommodate the needs of efficient tax

 administration and at the same time provide a reasonable opportunity for the

 summonee to carry the burden imposed by Powell, supra, of showing an abuse of

 the court's process.

  In approving the procedure suggested by the First Circuit, we also endorse

 that court's limiting rationale that the purpose of the evidentiary hearing is

 to sift out those rare cases where bald allegations of harassment or improper

 purpose can be substantiated and thereby to avoid dilatory and burdensome

 discovery procedures.  As the First Circuit said in Salter, supra, 432 F.2d

 at 700-01 (footnote omitted):

   We believe that there are strong reasons of public policy for placing a

 *825 burden of proof on respondent before allowing discovery in an

 enforcement proceeding of this type.  A broad discovery order puts the Internal

 Revenue Service under a severe handicap in conducting a civil investigation.

 Broad discovery can be expected to cause extensive delays and to jeopardize the

 integrity and effectiveness of the entire investigation.  Coupled with these

 considerations is the fact that taxpayers have been almost uniformly

 unsuccessful in proving an "improper purpose" defense.  Requiring an

 evidentiary hearing will not preclude a respondent from raising and proving a

 (sic) "improper purpose," and we of course have no intention of precluding him

 from doing so.  But we feel that the hearing requirement will have the salutary

 effect of eliminating discovery in cases in which it is clear that respondent

 will not be able to prove his allegations.

  Applying these principles to the case at hand, we conclude that the Church's

 allegations of bad faith harassment by the Service, though thin, raised

 sufficient doubt about the Service's purposes to require the district court to

 hold a limited evidentiary hearing to determine whether further inquiry into

 the Service's purposes by way of discovery is warranted.  Although we

 anticipate that such a hearing would entail, for example, cross-examination of

 the summoning agent (Cf. Wild v. United States, 9 Cir., 1966, 362 F.2d 206,

 208-09), we do not attempt to define precisely the permissible scope of the

 evidentiary hearing.  We leave that to the discretion of the district court.

  [17] In the proceedings below, the Church attempted discovery only by way of

 taking depositions and requests for IRS documents.  Apparently counsel for the

 Church mistakenly believed that it had a right to discovery before the

 presentation of any evidence in the summons enforcement proceeding.  Thus it is

 arguable that the Church waived any argument that it was entitled to a pre-

 discovery evidentiary hearing.  However, we agree with the Third Circuit,

 McCarthy, supra, 514 F.2d at 368 n. 11, that to hold under these

 circumstances that the Church failed to ask the court for the proper sequence

 of procedures would be unduly harsh.  Moreover, in reviewing the record, we

 note that the Church twice called the district court's attention to the

 Salter case and the procedure there recommended.  Accordingly, we conclude

 that the Church did not waive its right to an evidentiary hearing.

  IV.  Conclusion.

  In view of our conclusion that the district court should have granted the

 Church a limited evidentiary hearing to inquire into the Service's purposes, we

 do not reach the Church's other arguments for reversal.

  Reversed and remanded for further proceedings.