U.S. v. First State Bank of Clute, 79-3472
| Decision Date | 01 October 1980 |
| Docket Number | No. 79-3472,79-3472 |
| Parties | 80-2 USTC P 9699 UNITED STATES of America and Internal Revenue Service Officer, Stephen P. Howard, Plaintiffs-Appellees, v. FIRST STATE BANK OF CLUTE and Jerome F. Heinlen, Executive Vice President of First State Bank of Clute, Defendants, and Darwin Dale Jarvis, Intervenor-Appellant. Summary Calendar. . Unit A |
| Court | U.S. Court of Appeals — Fifth Circuit |
Darwin Dale Jarvis, pro se.
M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Chief, App. Sec., Charles E. Brookhart, Donald B. Susswein, Tax. Div., Dept. of Justice, Washington, D. C., for plaintiffs-appellees.
Appeal from the United States District Court for the Southern District of Texas.
Before AINSWORTH, GARZA and SAM D. JOHNSON, Circuit Judges.
This is an appeal from a district court order enforcing an Internal Revenue Service summons. The Internal Revenue Service, under the authority of 26 U.S.C. § 7602, directed summonses to respondent, First State Bank of Clute, seeking financial records of respondent relating to the tax liabilities of appellant Darwin Dale Jarvis and his wife. Appellant Jarvis, appearing pro se, intervened in the enforcement proceedings. Jarvis not only charged that various constitutional rights had been violated, but also requested dismissal of the proceedings for lack of jurisdiction, appointment of a panel of three judges, trial by jury, declaratory judgment in his favor, costs, and reasonable attorneys fees. The court below clearly had the power to order the enforcement of an IRS summons, 26 U.S.C. §§ 7402, 7604, and did so. Jarvis filed a motion in district court to stay enforcement of the order pending appeal which was denied. On appeal Jarvis renews his previous allegations and adds that denial of the stay was improper.
The United States argues that this case should be dismissed as moot. It is clear that upon denial by the district court of appellant's motion to stay the order enforcing the summonses, the respondents obeyed the order and fully complied with the terms of the summonses. We agree that as to compliance with the order, there is no controversy and the case is moot. See, United States v. Hankins, 5 Cir., 1978, 565 F.2d 1344, 1350, cert. denied, 440 U.S. 909, 99 S.Ct. 1218, 59 L.Ed.2d 457 (1979); United States v. Carpenter, 5 Cir., 1970, 425 F.2d 264, 265; Baldridge v. United States, 5 Cir., 1969, 406 F.2d 526, 527.
Compliance is not the only issue, however. Among his numerous contentions, Jarvis denounces the...
To continue reading
Request your trial
-
U.S. v. Kis
...Riley, 484 F.2d 952 (4th Cir. 1973). Fifth Circuit: Lawhon v. United States, 390 F.2d 663 (5th Cir. 1968); United States v. First State Bank of Clute, 626 F.2d 1227 (5th Cir. 1980). Sixth Circuit: United States v. Patmon, 630 F.2d 458 (6th Cir. 1980). Eighth Circuit: United States v. Olson,......
-
U.S. v. Barrett
...655 F.2d 54, 55 (5th Cir.1981); United States v. First American Bank, 649 F.2d 288, 289 (5th Cir.1981); United States v. First State Bank of Clute, 626 F.2d 1227, 1227 (5th Cir.1980), cert. denied, 452 U.S. 908, 101 S.Ct. 3037, 69 L.Ed.2d 410 (1981); United States v. Carpenter, 425 F.2d 264......
-
U.S. v. Sherlock, 83-3488
...appeal is DISMISSED. * District Judge of the Southern District of Texas, sitting by designation.1 Cf. United States v. First State Bank of Clute, 626 F.2d 1227 (5th Cir.1980) (finding a challenge to the constitutionality of a summons proceeding not moot, but frivolous); Federal Trade Commis......
-
U.S. v. First American Bank
...suppressed in a future proceeding, however, is not enough to prevent mootness in this case. Appellants rely on U.S. v. First State Bank of Clute, 626 F.2d 1227 (5th Cir. 1980). Clute stated that although the issue of compliance with an IRS summons was moot, allegations of unconstitutionalit......