Legal Opinion

Mahonri Faber v. United States of America and Mary Anne Thorum

Court of Appeals for the Tenth Circuit

Decided December 21, 1990No. 90-4080PublishedCited by 14 opinions

1Opinion of the Court

TACHA, Circuit Judge.

Plaintiff-appellant Mahonri Faber appeals a district court order dismissing his petition to quash a third party summons that the Internal Revenue Service (IRS) served on American Savings and Loan. 1 On appeal, Faber argues the district court erred in dismissing for lack of jurisdiction because the form of the summons is invalid and cannot initiate the twenty-day limit of 26 U.S.C. § 7609(b)(2)(A) on a motion to quash. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

The IRS served a third party summons on American Savings and Loan on July 31, 1989, requesting…

2Cases cited6 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. Lehman v. NakshianSupreme Court of the United States · 1981
  3. Ponsford v. United StatesCourt of Appeals for the Ninth Circuit · 1985
  4. Kenneth J. Masat v. United States of America and Robert Solorio, Jr., Agent for the Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1984
  5. George M. Stringer v. United States of America, and Ira G. Chambless, Internal Revenue Agent, Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1985

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

3Cited by14 opinions

  1. Speidell v. United StatesCourt of Appeals for the Tenth Circuit · 2020
  2. John E. Codner v. United StatesCourt of Appeals for the Tenth Circuit · 1994
  3. Berman v. United StatesCourt of Appeals for the First Circuit · 2001
  4. Clay v. United StatesCourt of Appeals for the Sixth Circuit · 1999
  5. Shisler v. United StatesCourt of Appeals for the Sixth Circuit · 1999

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

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