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CARR v. UNITED STATES

No. 81-1602.

663 F.2d 59 (1981)

Gene CARR, Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 10, 1981.

Attorney(s) appearing for the Case

John F. Murray, Acting Asst. Atty. Gen., Michael L. Paup, Charles E. Brookhart, Stanley S. Shaw, Jr., Attys., Tax Div., Dept. of Justice, Washington, D. C., for the U. S.; Terry L. Pechota, U. S. Atty., Boulder, Colo., Dawn Bowen, Asst. U. S. Atty., Pierre, S. D., of counsel.

Before BRIGHT and ARNOLD, Circuit Judges, and DAVIES, Senior District Judge.

PER CURIAM.

The IRS, in the course of its investigation of Taxpayer, issued a summons directing the First Fidelity Bank of Culome, Culome, S.D., to produce certain of its records in connection with the investigation. When the Bank did not comply the Government instituted enforcement proceedings in the District Court. Taxpayer filed a motion to intervene but failed to appear on the date set for hearing. On February 8, 1980, an order was entered enforcing the summons...

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