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U.S. v. WHEELER

No. 89-55522.

952 F.2d 326 (1991)

UNITED STATES of America, Petitioner-Appellee, v. Clifford G. WHEELER, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1991.

Attorney(s) appearing for the Case

Clifford G. Wheeler, pro se.

Shirley D. Peterson, Asst. Atty. Gen., Tax Div., U.S. Dept. of Justice, Washington, D.C., for petitioner-appellee.

Before FARRIS, PREGERSON and THOMPSON, Circuit Judges.

PER CURIAM:

This appeal presents an issue of first impression: Is a district court's refusal to vacate a civil contempt order resulting from an IRS enforcement action appealable when the contemnor has failed to appeal the underlying contempt order? We hold the under the circumstances of this case it is not, and dismiss for lack of appellate jurisdiction.

FACTS

Clifford G. Wheeler (Wheeler) and his wife Marsha failed to file federal income tax returns...

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