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GREEN SOLUTION RETAIL, INC. v. U.S.

No. 16-1281.

855 F.3d 1111 (2017)

The GREEN SOLUTION RETAIL, INC., a Colorado corporation; Kyle Speidell, Plaintiffs-Appellants, v. UNITED STATES of America; Internal Revenue Service; John Koskinen, Internal Revenue Service Commissioner; David Hewlett, in his official capacity, Auditor for the Internal Revenue Service, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED May 2, 2017.

Attorney(s) appearing for the Case

James D. Thorburn , Thorburn Walker, LLC, Greenwood Village, Colorado ( Richard Walker , with him on the briefs), for Plaintiffs-Appellants.

Patrick J. Urda , Attorney, Tax Division ( Caroline D. Ciraolo , Principal Deputy Assistant Attorney General; Diana L. Erbsen , Deputy Assistant Attorney General; Gilbert S. Rothenberg , Attorney; Richard Farber , Attorney; and Robert C. Troyer , Acting United States Attorney, with him on the brief), United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Before HARTZ, MATHESON, and McHUGH, Circuit Judges.

I. INTRODUCTION

The Green Solution Retail, Inc. and one of its owners, Kyle Speidell (collectively, Green Solution), sued to enjoin the Internal Revenue Service (IRS) and related parties from investigating Green Solution's business records. The district court dismissed Green Solution's complaint for lack of subject...

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