DEAL v. UNITED STATES

No. 84-2582 Summary Calendar.

759 F.2d 442 (1985)

Richard A. DEAL, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 2, 1985.


Attorney(s) appearing for the Case

Ronald H. Tonkin, Houston, Tex., for plaintiff-appellant.

Joe A. Pitzinger, III, Dept. of Justice, Dallas, Tex., Daniel K. Hedges, U.S. Atty., Houston, Tex., James R. Gough, Asst. U.S. Atty., Patricia Bowman, Atty., Appellate Section, Tax Div., U.S. Dept. of Justice, Washington, D.C., Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Chief, Appellate Sec., Charles E. Brookhart, for defendant-appellee.

Before GEE, JOHNSON and DAVIS, Circuit Judges.


JOHNSON, Circuit Judge:

Taxpayer, Richard A. Deal, appeals from the dismissal of his petition to quash third-party summonses issued by the IRS to three third-party record keepers. The district court dismissed Deal's motion to quash for lack of subject matter jurisdiction under 26 U.S.C. § 7609(h)(1). On appeal, Deal asserts that § 7609(h)(1) is merely a venue statute and not a jurisdictional statute. Finding that Deal's argument is precluded by this Court...

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