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U.S. v. BEEBE

No. 86-4141.

835 F.2d 670 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. Richard L. BEEBE, d/b/a B-B Auto Parts, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 22, 1987.

Rehearing Denied February 18, 1988.

Attorney(s) appearing for the Case

Verne K. Armstrong, Asst. U.S. Atty., Toledo, Ohio, Michael L. Paup, Lead Counsel, Roger M. Olsen, Robin Greenhouse, U.S. Dept. of Justice, Tax Div., Washington, D.C., Charles E. Brookhart, Douglas G. Coulter (argued), for plaintiff-appellant.

Gerald P. Moran (argued), Gressley, Kaplin & Parker, Toledo, Ohio, Joseph A. Chmielewski, Rocky River, Ohio, for defendant-appellee.

Before ENGEL, MERRITT and NORRIS, Circuit Judges.

PER CURIAM.

The United States appeals an order of the district court awarding attorney fees to the taxpayer pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.

The Internal Revenue Service issued a summons to Richard Beebe in connection with a joint civil and criminal investigation of his tax liability. When Beebe failed to fully comply, the IRS filed a petition in federal court to enforce the summons. The district court entered an order...

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