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UNITED STATES v. GIMBEL

No. 84-2120.

782 F.2d 89 (1986)

UNITED STATES of America and Earl E. Hart, Revenue Agent of the Internal Revenue Service, Petitioners-Appellants, v. Stanley P. GIMBEL, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 17, 1986.

Attorney(s) appearing for the Case

George L. Hastings, Jr., Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D.C., for petitioners-appellants.

Jeffrey A. Kaufman, Gimbel, Gimbel & Reilly, Milwaukee, Wis., for respondent-appellee.

Before ESCHBACH and COFFEY, Circuit Judges, and SWYGERT, Senior Circuit Judge.

SWYGERT, Senior Circuit Judge.

This action arises out of respondent-appellee Stanley P. Gimbel's refusal to comply with a summons issued by the Internal Revenue Service (the "IRS" or the "Government"), pursuant to 26 U.S.C. § 7602(2) (1982). The Government filed a petition in the United States District Court for the Eastern District of Wisconsin seeking enforcement of the summons. See 26 U.S.C. §§ 7402(b), 7604(a). The district judge dismissed...

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