From Casetext: Smarter Legal Research

United States v. Carpenter

United States Court of Appeals, Fifth Circuit
Apr 21, 1970
425 F.2d 264 (5th Cir. 1970)

Summary

In Carpenter this court, without elaboration, held that the appeal of a summons enforcement order that had been complied with was moot.

Summary of this case from U.S. v. Barrett

Opinion

No. 29420.

April 21, 1970.

Towner Leeper, El Paso, Tex., for Little and another.

Alan Rash, El Paso, Tex., for J. C. Enterprises, Inc.

Haskell Shelton, Asst. U.S. Atty., San Antonio, Tex., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Atty., Tax Division, Dept. of Justice, Washington, D.C., Seagal V. Wheatley, U.S. Atty., San Antonio, Tex., for appellee.

ORDER

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.


The Internal Revenue Service brought an action to enforce summonses served on Carpenter and CCW Electronics, Inc. The appellants, James E. Little, Virgyl D. Johnson, R.E. McCrory, and J C Enterprises, Inc., whose tax liabilities are the subject of the investigation, sought permission to intervene in the enforcement action. January 26, 1970, the district court denied leave to intervene and ordered Carpenter and CCW Electronics to comply with the summonses. No stay was issued, and Carpenter and CCW Electronics fully complied with the summonses on January 27, 1970. Therefore, the case is now moot. Baldridge v. United States, 5 Cir. 1969, 406 F.2d 526.

The judgment below is vacated and the case remanded to the district court with directions to dismiss the proceedings as moot.


Summaries of

United States v. Carpenter

United States Court of Appeals, Fifth Circuit
Apr 21, 1970
425 F.2d 264 (5th Cir. 1970)

In Carpenter this court, without elaboration, held that the appeal of a summons enforcement order that had been complied with was moot.

Summary of this case from U.S. v. Barrett
Case details for

United States v. Carpenter

Case Details

Full title:UNITED STATES of America et al., Petitioners-Appellees, v. Kenneth L…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 21, 1970

Citations

425 F.2d 264 (5th Cir. 1970)

Citing Cases

U.S. v. Barrett

This court has often held that an appeal from an order enforcing a summons becomes moot once the taxpayer…

United States v. Sweet

When the stay expired, Sweet and Wilkinson complied with their respective summonses, with one minor…