Legal Opinion

Haber v. United States

Court of Appeals for the Second Circuit

Decided May 20, 2016No. 15-2078-cvPublishedCited by 29 opinions

1Opinion of the Court

GERARD E. LYNCH, Circuit Judge:

In this case, we consider a number of challenges raised by the petitioner-appellant, James Haber, to an administrative summons issued by the Internal Revenue Service (“IRS”). The district court (Laura Taylor Swain, Judge) granted the government’s motion to dismiss Haber’s petition for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1), and denied Haber’s request for jurisdictional discovery. For the reasons set forth below, we AFFIRM the decision of the district court.

BACKGROUND

The IRS issued an approximately $25 million…

2Cases cited11 opinions

  1. Natalia Makarova v. United StatesCourt of Appeals for the Second Circuit · 2000
  2. Hibbs v. WinnSupreme Court of the United States · 2004
  3. Amidax Trading Group v. S.W.I.F.T. ScrlCourt of Appeals for the Second Circuit · 2011
  4. Freeman v. United StatesCourt of Appeals for the Fifth Circuit · 2009
  5. Gualandi v. AdamsCourt of Appeals for the Second Circuit · 2004

6 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Raymond Loubier Irrevocable Trust v. Noella LoubierCourt of Appeals for the Second Circuit · 2017
  2. Kimberly Gaetano v. United StatesCourt of Appeals for the Sixth Circuit · 2021
  3. United States v. Jeffrey ReedCourt of Appeals for the Fourth Circuit · 2023
  4. Bamrick v. Saint-Gobain Performance Plastics CorporationDistrict Court, N.D. New York · 2020
  5. Buckley v. BassettDistrict Court, E.D. New York · 2024

24 more not listed; retrieve them via the Exa API.

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