UNITED STATES v. CLEMENT

No. 81-1287.

668 F.2d 1010 (1982)

UNITED STATES of America and David N. Fox, Estate Tax Attorney, Internal Revenue Service, Appellants, v. Duke Bowers CLEMENT, as Executor of the Estate of Jack W. Rich; The Estate of Jack W. Rich; Duke Bowers Clement, as president of Avondale Apartments, Inc.; Avondale Apartments, Inc.; Duke Bowers Clement, as Chairman of the Board of Guaranty Loan and Real Estate Company; Guaranty Loan and Real Estate Company; Duke Bowers Clement, as vice-president of Holiday Gardens, Inc.; Holiday Gardens, Inc.; Duke Bowers Clement, a partner in partnerships known as the Holtex Company, the Holpaso Company, the Holso Company, the Holtus Company; The Holtex Company; The Holpaso Company; The Holso Company; The Holtus Company; Duke Bowers Clement, as president of Imperial Homes, Inc.; Imperial Homes, Inc.; Duke Bowers Clement, as president of Mayfair Apartments, Inc.; Mayfair Apartments, Inc.; Duke Bowers Clement, a joint adventurer in a joint venture known as Mid-Continent Building; Mid-Continent Building; Duke Bowers Clement, a partner in partnerships known as Rich-Clement-Norfleet and Mayfair Two; Rich-Clement-Norfleet; and Mayfair Two, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 27, 1982.


Attorney(s) appearing for the Case

John F. Murray, Acting Asst. Atty. Gen., Michael L. Paup, Charles E. Brookhart, Donald B. Susswein, argued, Attys., Tax Division, Dept. of Justice, Washington, D.C., for appellants; George W. Proctor, U.S. Atty., Little Rock, Ark., of counsel.

Byron M. Eiseman, Lewis H. Mathis, argued, James M. Saxton, Friday, Eldredge & Clark, Little Rock, Ark., for appellants.

Before HEANEY and McMILLIAN, Circuit Judges, and BENSON, Chief District Judge.


BENSON, Chief District Judge.

The government appeals from the district court's order denying the government's petition to enforce nine Internal Revenue summonses. For the reasons discussed below, we reverse and remand with instructions to enforce the summonses.

Jack W. Rich died testate on December 9, 1976. Respondent-appellee Duke Bowers Clement was one of two executors for the estate. On May 20, 1977, a Federal Estate Tax Return disclosing a tax liability...

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