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Wewee v. U.S.

United States Court of Appeals, Ninth Circuit
Aug 21, 2003
72 F. App'x 731 (9th Cir. 2003)

Opinion


72 Fed.Appx. 731 (9th Cir. 2003) D. William WEWEE; et al., Plaintiffs--Appellants, v. UNITED STATES of America, Defendant--Appellee. No. 03-15553. D.C. No. CV-01-00626-WDB. United States Court of Appeals, Ninth Circuit. August 21, 2003

Submitted August 11, 2003.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Arizona, William D. Browning, District Judge, Presiding.

Before SCHROEDER, Chief Judge, HAWKINS and TASHIMA, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

D. William and Marietta J. Wewee appeal pro se the district court's dismissal of their action alleging Internal Revenue Service ("IRS") employees browsed, inspected, and disclosed their confidential income tax return information, without authorization, in violation of 26 U.S.C. §§ 6103 and 7431. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a grant of summary judgment, Abelein v. United States, 323 F.3d 1210, 1213 (9th Cir.2003), and we affirm.

Because the Wewees failed to present evidence to show unauthorized disclosures, or to rebut the government's evidence showing any IRS employees' inspections of their return information were authorized by 26 U.S.C. § 6103(h)(1), see id. (noting government need not prove good-faith reliance on misinterpretation of section 6103 where disclosure is authorized under statutory exception to the general rule that tax return information is confidential), summary judgment was proper, see Hughes v. United States, 953 F.2d 531, 542 (9th Cir.1992) (affirming summary judgment where plaintiffs merely alleged, without any supporting evidence, that the disclosure of their tax information was unauthorized); cf. Nat'l Union Fire Ins. Co. v. Argonaut Ins. Co., 701 F.2d 95, 97 (9th Cir.1983) ("neither a desire to cross-examine an affiant

Page 732.

nor an unspecified hope of undermining his or her credibility suffices to avert summary judgment").

The Wewees' contention that this court should reopen discovery lacks merit, because the Wewees failed to request additional discovery pursuant to Fed.R.Civ.P. 56(f). See In re Silicon Graphics Inc. Sec. Litig., 183 F.3d 970, 989 (9th Cir.1999) (holding district court properly proceeded to the merits of summary judgment where plaintiff failed to file a motion seeking discovery or explaining necessity of discovery, or an affidavit detailing the information she hoped to obtain by additional discovery).

AFFIRMED.


Summaries of

Wewee v. U.S.

United States Court of Appeals, Ninth Circuit
Aug 21, 2003
72 F. App'x 731 (9th Cir. 2003)
Case details for

Wewee v. U.S.

Case Details

Full title:D. William WEWEE; et al., Plaintiffs--Appellants, v. UNITED STATES of…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 21, 2003

Citations

72 F. App'x 731 (9th Cir. 2003)