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MESA OIL, INC. v. U.S.

No. 05-1107.

467 F.3d 1252 (2006)

MESA OIL, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 31, 2006.

Attorney(s) appearing for the Case

Theodore H. Merriam (Kevin A. Planegger with him on the briefs), Merriam Law Firm, P.C., Denver, CO, for Plaintiff-Appellant.

Teresa E. McLaughlin, Attorney, Tax Division (Eileen J. O'Connor, Assistant Attorney General; and John A. Nolet, Attorney, Tax Division, with her on the brief), Department of Justice, Washington, D.C., for Defendant-Appellee.

Before LUCERO, SEYMOUR, and O'BRIEN, Circuit Judges.

SEYMOUR, Circuit Judge.

Mesa Oil, Inc. ("Mesa") appeals from the partial judgment of the district court upholding the Internal Revenue Service ("IRS") Appeals Office's denial of Mesa's request for abatement of financial penalties. The district court also ordered a remand to the Appeals Officer for reconsideration of Mesa's request for an alternative payment plan to repay its delinquent taxes and penalties. We dismiss the appeal for lack of jurisdiction.

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