AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

UNITED STATES OF AMERICA AND DENNIS P. McCARTHY, SPECIAL AGENT, PETITIONERS/APPELLEES, v. SILVA AND SILVA ACCOUNTANCY CORPORATION, AND RULDOLPH F. SILVA, RESPONDENTS, DAVID H. ZIMMER AND ZIMMER SERVICE CENTER, INC., INTERVENORS-APPELLANTS.

SNEED, Circuit Judge:

The Internal Revenue Service issued a summons to Silva requesting him to appear and produce records in his possession with respect to taxpayers Zimmer's joint income tax returns for 1974 and 1975. Pursuant to 26 U.S.C. § 7609, taxpayers directed Silva not to comply. The government then applied to the district court for an order enforcing the summons as permitted by 26 U.S.C. § 7604(b). The Zimmers intervened in the summons enforcement proceeding to contest the summons. After conducting a hearing, the district court ordered the summons enforced. This court denied the Zimmers' motion for a stay pending appeal. Following the denial of the stay, Silva complied fully with the summons.

Because the summons appealed from has been fully satisfied, the instant appeal is moot. United States v. Arthur Anderson Company, 623 F.2d 720 (1st Cir. 1980); United States v. Deak-Perera International Banking Corp., 610 F.2d 89 (2d Cir. 1979). We therefore remand this case to the district court with directions to vacate its order enforcing the summons. See United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed.2d 36 (1950).

Remanded.

Use AI to get other relevant cases.

Comments

UNITED STATES v. SILVA SILVA ACC. CORP
(Mar 20, 1981)