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COFFEY v. C.I.R.

No. 11-1362.

663 F.3d 947 (2011)

Judith S. COFFEY, Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Appellee, v. Government of the United States Virgin Islands, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 2, 2011.

Attorney(s) appearing for the Case

Gene C. Schaerr , argued, Washington, DC, Andrew Curtis Nichols , Barry J. Hart , Peter N. Hiebert , Adele H. Auxier , Washington, DC, Vincent F. Frazer , Attorney General, U.S. Virgin Islands DOJ, on the brief, for appellant.

Jennifer Marie Rubin , argued, Kenneth L. Greene , on the brief, Tax Division, DOJ, Washington, DC, for appellee.

Before MELLOY, SMITH and BENTON, Circuit Judges.

BENTON, Circuit Judge.

In 2009, Judith S. Coffey received a notice of deficiency from the Internal Revenue Service. She contested the assessments, asserting the time bar in 26 U.S.C. § 6501(a). Claiming an interest in this issue, the government of the United States Virgin Islands (USVI) sought to intervene, either as of right under Civil Rule 24(a)(2), or permissively under Civil Rule 24(b)(2). The tax court denied intervention. The USVI appeals. Having jurisdiction...

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