UNITED STATES v. BANK OF MONTE VISTA

Civ.A. No. 78-W-458.

451 F.Supp. 945 (1978)

UNITED STATES of America and Thomas L. Kautz, Revenue Agent of the Internal Revenue Service, Petitioners, v. BANK OF MONTE VISTA and John Jackson, Vice President, Respondent.

United States District Court, D. Colorado.

June 15, 1978.


Attorney(s) appearing for the Case

Joseph F. Dolan, U. S. Atty., Lena A. Wilson, Asst. U. S. Atty., Denver, Colo., for petitioners.

Bruce Buell, Denver, Colo., for Colorado Bankers Association.

Richard Slivka, Denver, Colo., for Colorado Bar Association.

Gordon H. Rowe, Jr., Monte Vista, Colo., for respondent.


MEMORANDUM OPINION

WINNER, Chief Judge.

In its wisdom, in 1976, Congress enacted 26 U.S.C. § 7609, and the new statute has spawned troubles galore for banks, credit agencies, credit unions, brokers, accountants and lawyers. Congress says that they are "third party record keepers" falling within the ambit of the statute, and, incongruously, they get hauled into court because they have obeyed the law. Worse yet, the government tenders an order...

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