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U.S. v. BICHARA

No. 87-5038 Non-Argument Calendar.

826 F.2d 1037 (1987)

UNITED STATES of America and Joel Cohen, Revenue Officer of the Internal Revenue Service, Plaintiffs-Appellants, v. Zulema BICHARA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 8, 1987.

Attorney(s) appearing for the Case

Leon B. Kellner, U.S. Atty., David DeMaio, Asst. U.S. Atty., Miami, Fla., Michael L. Paup, Roger M. Olsen, Charles E. Brookhart, Patricia M. Bowman, U.S. Dept. of Justice, Washington, D.C., for plaintiffs-appellants.

Before FAY, ANDERSON and EDMONDSON, Circuit Judges.

PER CURIAM:

The district court found that service of an Internal Revenue Service ("IRS") summons by leaving it at appellee Bichara's "last and usual place of abode" violated the minimum due process requirements of the Constitution and consequently that the government's petition to enforce the summons should be dismissed. Because this determination was erroneous, we reverse.

Joel Cohen, a revenue officer for the IRS, was conducting an investigation into the...

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