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UNITED STATES v. SCHOLBE

No. 80-1571.

664 F.2d 1163 (1981)

UNITED STATES of America and Dimpsey L. Lovell, Special Agent of the Internal Revenue Service, Plaintiffs-Appellees, v. Scott SCHOLBE, Operations Manager, Summit County Bank, Defendant, Theodore DeLisi, Sr., Margaret DeLisi, Theodore DeLisi, Jr., and Richard DeLisi, Intervenors-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided November 27, 1981.

Attorney(s) appearing for the Case

Stanton D. Rosenbaum of Isaacson, Rosenbaum, Spiegleman & Friedman, Denver, Colo. (Judy D. Shapiro of Levey, Levenstein & Cowan, Miami, Fla., with him on the brief), for intervenors-appellants.

William A. Whitledge, Washington, D.C. (M. Carr Ferguson, Asst. Atty. Gen., Michael L. Paup and Charles E. Brookhart, Joseph F. Dolan, U. S. Atty., Tax Div., Dept. of Justice, Washington, D.C., of counsel, with him on the brief), for plaintiffs-appellees.

Before BARRETT and LOGAN, Circuit Judges, and KUNZIG, Judge.

LOGAN, Circuit Judge.

Intervenors Theodore DeLisi, Sr., Margaret DeLisi, Theodore DeLisi, Jr., and Richard DeLisi (the DeLisis) appeal from a district court order enforcing a summons the Internal Revenue Service (IRS or Service) issued to obtain their bank records. The case reaches us in an unusual posture: Both appellants and appellees agree that the trial court applied the incorrect standard of law, and on appeal the parties prevailing below argue that the...

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