MYERS v. C.I.R.

No. 18-1003.

928 F.3d 1025 (2019)

David T. MYERS, Appellant, v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 2019.


Attorney(s) appearing for the Case

Joseph A. DiRuzzo III argued the cause and filed the briefs for appellant.

Carlton M. Smith was on the brief for amicus curiae The Federal Tax Clinic of the Legal Services Center of Harvard Law School in support of the appellant.

Janet A. Bradley , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the briefs were Joan I. Oppenheimer and Bethany B. Hauser , Attorneys.

Opinion concurring in part and dissenting in part filed by Circuit Judge Henderson.


The Internal Revenue Service denied David T. Myers's application for a whistleblower award. Myers sought relief from the Tax Court, which found his claim was untimely and dismissed it for lack of jurisdiction. We hold first that this court has jurisdiction over Myers's appeal. We then reverse the Tax Court's dismissal...

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