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UNITED STATES v. JOHN G. MUTSCHLER & ASSOC., INC.

No. 84-5009.

734 F.2d 363 (1984)

UNITED STATES of America and Allen Roniss, Chief, Employee Plans, Chicago District of the Internal Revenue Service, Appellees, v. JOHN G. MUTSCHLER & ASSOCIATES, INC., Appellant. Actuarial and Benefits Consultants, Inc.

United States Court of Appeals, Eighth Circuit.

Decided May 8, 1984.

Attorney(s) appearing for the Case

Henson & Efron, P.A., Stanley Efron, Stephen L. Hopkins, Sarah McKenzie, Minneapolis, Minn., for appellant.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Charles E. Brookhart, William A. Whitledge, Attys., Tax Div., Dept. of Justice, Washington, D.C., for appellees; James M. Rosenbaum, U.S. Atty., Minneapolis, Minn., of counsel.

Before LAY, Chief Judge, and HEANEY and BOWMAN, Circuit Judges.

HEANEY, Circuit Judge.

John Mutschler and Associates, Inc. (JMA), appeals from a district court1 order enforcing a third-party, John Doe summons issued by the Internal Revenue Service (IRS). We agree with the district court that JMA's opposition to the enforcement of the summons should be governed by the criteria set forth in United States v. Powell, 379 U.S. 48, 57-58, 85 S.Ct. 248, 254-255, 13 L...

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