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JONES v. U.S.

No. 93-2384.

16 F.3d 979 (1994)

Terry L. JONES; Patricia K. Jones; Jones Publishing, Inc.; Jones Oil Company, Inc.; Jones Petroleum Company, a partnership also known as Jones Apartments; J.O. Holding, Inc., also known as Jones Oil Company, Appellants, v. UNITED STATES of America; Stephen L. Tinsley; Sandy Job-Rivera; Christie Stubbert; Charles Vonderschmitt; John Doe; Jane Roe; Richard Roe; Internal Revenue Service, Unknown; Department of the Treasury; Department of Justice, Employees, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 1, 1994.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants was Robert B. Creager of Lincoln, Nebraska.

Counsel who presented argument on behalf of the appellees was Annette M. Wietecha, U.S. Department of Justice, Washington, D.C. Gary R. Allen and Charles E. Brookhart of the U.S. Department of Justice, Washington, D.C., appeared on the brief.

Before BEAM, Circuit Judge, WELLFORD, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

BEAM, Circuit Judge.

This case arises out of an IRS tax investigation. The subjects of the investigation filed actions, under the Federal Tort Claims Act (FTCA) and 42 U.S.C. § 1983, against the IRS and its agents. The district court1 sustained Federal Rule of Civil Procedure 12(b)(1) and (2) motions filed by the IRS2 and dismissed the complaint. The Joneses

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