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ESCHWEILER v. U.S.

No. 88-2083.

877 F.2d 634 (1989)

Andrew ESCHWEILER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 27, 1989.

As Amended June 28, 1989.

Attorney(s) appearing for the Case

Donald V. Morano, Chicago, Ill., for plaintiff-appellant.

William T. Clabault, Asst. U.S. Atty., Office of the U.S. Atty., Chicago, Ill., Debra L. Stefanik, Trial Atty., Dept. of Justice, Tax Div., Gary R. Allen (lead counsel), Chief, Appellate Section Tax Div., Dept. of Justice, William S. Rose, Jr., Asst. Atty. Gen., Washington, D.C., and Teresa E. McLaughlin, for defendant-appellee.

Before CUMMINGS, CUDAHY and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

The question presented by this case is whether the IRS complied with the requirements of 26 U.S.C. § 6212(b)(1) in making a jeopardy assessment against the plaintiff. The district court, faced with competing motions for summary judgment, granted summary judgment in favor of the defendant, 696 F.Supp. 326 (1988) and plaintiff appeals. For the reasons discussed below we reverse.

I.

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