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ENGLAND v. C.I.R.

No. 85-2071.

798 F.2d 350 (1986)

Frank A. ENGLAND, III, Plaintiff-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1986.

Attorney(s) appearing for the Case

Frank A. England, III, in pro per.

Michael L. Paup, Richard W. Perkins, Murray S. Horwitz, Tax Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before SCHROEDER, CANBY and BOOCHEVER, Circuit Judges.

CANBY, Circuit Judge:

As a result of federal income tax returns filed by appellant Frank A. England III, the Internal Revenue Service (IRS) classified him as a "tax protester." England sued the IRS under the Privacy Act of 1974, 5 U.S.C. § 552a, seeking to have the words "tax protester" removed from IRS records pertaining to him. The district court dismissed the action on the ground that 26 U.S.C. § 7852(e) deprived the court of subject matter jurisdiction...

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