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RODGERS v. HYATT

No. 81-1283.

697 F.2d 899 (1983)

Jimmie D. and Cheryl RODGERS, Plaintiffs, Jim's Water Service, Inc., Plaintiff-Appellee, v. Larry R. HYATT, in his personal capacity and as Chief, Criminal Investigation Division, Office of the District Director, Colorado District, Internal Revenue Service, Department of the Treasury, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 17, 1983.

Attorney(s) appearing for the Case

Joseph H. Thibodeau, Denver, Colo., for plaintiffs.

Gayle P. Miller, Atty., Tax Div., Dept. of Justice, Washington, D.C. (John F. Murray, Acting Asst. Atty. Gen., Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup and Richard W. Perkins, Attys., Tax Div., Dept. of Justice, Washington, D.C., and Joseph F. Dolan, U.S. Atty., Denver, Colo., with her on the briefs), for defendant-appellant.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

Larry R. Hyatt, defendant below, appeals from a judgment awarding plaintiff-appellee, Jim's Water Service, Inc., whose stock is entirely owned by Jimmie D. Rodgers, $1,000.00 in damages following a jury verdict. Suit was brought by Jim's Water Service, hereafter referred to as Taxpayer, pursuant to I.R.C. § 7217 (West Supp. 1981),1 alleging that Hyatt, an Internal...

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