Melvin Morris, Jr., & Ramona Morris v. United States of Am., 521 F.2d 872 (9th Cir. 1975). · Go Syfert
Melvin Morris, Jr., & Ramona Morris v. United States of Am., 521 F.2d 872 (9th Cir. 1975). Cases Citing This Book View Copy Cite
129 citation events (36 in the last 25 years) across 42 distinct courts.
Strongest positive: Chipres Madriz v. United States of America (wawd, 2023-03-13)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Under fire — who is questioning this case
Citations from separate opinions of courts that could overrule this case, and citations using reconsideration language. This is a warning signal, not a treatment change. The flag color above is unaffected.
Reconsideration language A-Mark, Inc. v. United States Secret Service Department of the Treasury (1978)
“Morris v. United States, 521 F.2d 872 (9th Cir. 1972), was based not on the detention clause but on the clause relating to assessment and collection of taxes.”
Dissent United States v. Jeffrey Leonard Holmes (1976)
“The Putnam County judge issuing the warrant could not determine whether the information was gained firsthand or from others, and if from others, he had no reason to credit their reliability.” 521 F.2d at 872.”
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Chipres Madriz v. United States of America
W.D. Wash. · 2023 · confidence medium
Morris v. United States, 19 521 F.2d 872, 874 (9th Cir. 1975).
discussed Cited as authority (rule) Hadsell v. United States of America, the Department of Treasury
N.D. Cal. · 2021 · confidence medium
For example, the Ninth Circuit has held 3 that “2680(c) barred not just claims based on literal collection activity, but also a taxpayer’s claim 4 that IRS agents wrongfully told his creditors of his purported tax liability during an audit of his 5 business.” Id. at 1157 (citing Morris v. United States, 521 F.2d 872, 874-75 (9th Cir. 1975)). 6 Even assuming such discussions were “beyond the normal scope of authority and amounted to 7 tortious conduct,” the Ninth Circuit found that the discussions were sufficiently related to tax 8 collection efforts such that the plaintiff’s claim …
cited Cited as authority (rule) Davinci Aircraft, Inc. v. United States
9th Cir. · 2019 · confidence medium
That waiver, however, is limited to only “permit[] certain types of actions against the United States.” Morris v. United States, 521 F.2d 872, 874 (9th Cir. 1975).
discussed Cited as authority (rule) Barrigas v. United States of America
D. Mass. · 2018 · confidence medium
The IRS agents in Morris v. United States conducted an audit of plaintiffs’ books and then disclosed to plaintiffs’ creditors that plaintiffs had an outstanding tax liability. 521 F.2d 872, 874 (9th Cir. 1975).
examined Cited as authority (rule) Snyder & Associates Acquisitions LLC v. United States (5×)
9th Cir. · 2017 · confidence medium
Morris v. United States, 521 F.2d 872, 874 (9th Cir. 1975).
discussed Cited as authority (rule) Szanto v. Internal Revenue Service (In re Szanto)
Bankr. D. Or. · 2017 · confidence medium
Section 2680(c) precludes “[a]ny claim arising in respect of the assessment or collection of any tax .... ” This includes activity that goes “beyond the normal scope of authority and amount[s] to tor-tious conduct ..." Morris v. U.S., 521 F.2d 872, 874 (9th Cir. 1975).
discussed Cited as authority (rule) Pace v. Platt
N.D. Fla. · 2002 · confidence medium
“Section 2680(c) has been interpreted broadly by the courts to preclude suits for damages arising, out the alleged tortious activities of IRS agents when those activities were in any way related to the agents’ official duties.” Capozzoli v. Tracey, 663 F.2d 654, 658 (5th Cir.1981) (citing Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975); Broadway Open Air Theatre v. United States, 208 F.2d 257, 259 (4th Cir.1953); Pugh v. I.R.S., 472 F.Supp. 350, 352-353 (E.D.Pa.1979); Paige v. Dillon, 217 F.Supp. 18, 20 (S.D.N.Y.1963)); see also Perkins v. United States, 55 F.3d 910, 913 (4th C…
cited Cited as authority (rule) Bergvinsson v. United States
W.D. Wash. · 1998 · confidence medium
Morris, 521 F.2d at 874 (citations omitted).
discussed Cited as authority (rule) Nannette Moffett v. Emil P. Tolotti, Emil P. Tolotti, Third-Party-Plaintiff-Appellant v. United States of America, Third-Party-Defendant-Appellee
3rd Cir. · 1996 · confidence medium
See 28 U.S.C. § 2680 (c); Hutchinson, 677 F.2d at 1327 ; Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975). 5 Nor does section 7433 of the Internal Revenue Code provide a basis for his suit because he failed to show that he exhausted his administrative remedies by filing a written claim before bringing his lawsuit.
discussed Cited as authority (rule) The Aetna Casualty & Surety Company v. United States
2d Cir. · 1995 · confidence medium
See Kosak v. United States, 465 U.S. 848, 854 , 104 S.Ct. 1519, 1523-24 , 79 L.Ed.2d 860 (1984) (broadly construing the “arising in respect of’ language in § 2680(c)); Capozzoli v. Tracey, 663 F.2d 654, 657 (5th Cir.1981) (§ 2680(c) bars trespass claim against IRS agent); Interfirst Bank Dallas, N.A. v. United States, 769 F.2d 299, 307 (5th Cir.1985) (§ 2680(c) exemption “applies to all tax-related claims”) (emphasis in original), cert. denied, 475 U.S. 1081 , 106 S.Ct. 1458 , 89 L.Ed.2d 716 (1986); Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975).
discussed Cited as authority (rule) Towe Antique Ford Foundation, Its Officers and Directors v. Irs Department of Treasury United States of America John A. Dearing
9th Cir. · 1995 · confidence medium
Morris v. United States, 521 F.2d 872, 874 (9th Cir. 1975) (holding that Sec. 2680(c) was a bar to plaintiff's action against IRS agents who disclosed plaintiff's tax liability and impending insolvency to creditors even if the agents' collection activity was beyond the normal scope of authority and amounted to tortious conduct).
discussed Cited as authority (rule) Darrel Alan Travis v. United States of America Chad Clay Terrie Martines Derek Stigerts, Averell Brown, City of Sacramento
9th Cir. · 1995 · confidence medium
Sec. 2680 (c); Hutchinson v. United States, 677 F.2d 1322, 1327 (9th Cir.1982); Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975). 11 To the extent that Travis's claim could be interpreted as a suit for a refund of wrongfully collected taxes, it must also fail because Travis failed to allege that he exhausted his administrative remedies. 26 U.S.C.
discussed Cited as authority (rule) Robert B. Lemon v. M. Martin
9th Cir. · 1995 · confidence medium
Sec. 2680 (c); Hutchinson v. United States, 677 F.2d 1322, 1327 (9th Cir. 1982); Morris v. United States, 521 F.2d 872, 874 (9th Cir. 1975). 5 Finally, to the extent that Lemon sued the IRS employees in their individual capacities, an action for damages is foreclosed.
discussed Cited as authority (rule) United States v. Maravilla
1st Cir. · 1994 · confidence medium
See, e.g., National Commodity & Barter Ass'n v. Gibbs, 886 F.2d 1240 , 1246 n.5 (10th Cir. 1989) (rejecting argument that 2680(c) is inapplicable where IRS failed to comply with its own procedures); Capozzoli v. Tracey, 663 F.2d 654, 657 (5th Cir. Dec. 1981) (rejecting argument that tortious or wrongful conduct by an agent cannot, by definition, be in respect of his official duties of assessing or collecting taxes); Morris v. United States, 521 F.2d 872, 874 (9th Cir. 1975) (unlawful seizure and levy of property fell within exempted group of tort claims arising out of tax collection effort…
discussed Cited as authority (rule) United States v. Maravilla
1st Cir. · 1994 · confidence medium
See, e.g., ___ ____ National Commodity & Barter Ass'n v. Gibbs, 886 F.2d 1240 , __________________________________ _____ 1246 n.5 (10th Cir. 1989) (rejecting argument that 2680(c) is inapplicable where IRS failed to comply with its own procedures); Capozzoli v. Tracey, 663 F.2d 654, 657 (5th Cir. _________ ______ Dec. 1981) (rejecting argument that tortious or wrongful conduct by an agent cannot, by definition, be in respect of his official duties of assessing or collecting taxes); Morris ______ v. United States, 521 F.2d 872, 874 (9th Cir. 1975) (unlawful _____________ seizure and levy of pro…
cited Cited as authority (rule) Leroy J. Murray v. United States
9th Cir. · 1994 · confidence medium
Sec. 2680 (c); Hutchinson v. United States, 677 F.2d 1322, 1327 (9th Cir.1982); Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975).
discussed Cited as authority (rule) Edward Williams v. Internal Revenue Service Commissioner
9th Cir. · 1994 · confidence medium
Sec. 2680 (c); Hutchinson v. United States, 677 F.2d 1322, 1327 (9th Cir.1982); Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975). 9 Finally, to the extent that Williams sued the Commissioner in his individual capacity, an action for damages is foreclosed.
discussed Cited as authority (rule) Rosa Zamora v. Irma Gonzalez Janice Mayfield David Schluter S. Castaneda Jesse Cote (2×) also: Cited "see"
9th Cir. · 1994 · confidence medium
Sec. 2680 (c); Hutchinson, 677 F.2d at 1327 ; Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975). 17 Here, Zamora's action against IRS employees for the allegedly tortious conduct arose when the employees seized property allegedly belonging to a taxpayer corporation.
discussed Cited as authority (rule) Kaufmann v. United States
E.D. Wis. · 1993 · confidence medium
See Wright v. United States, 719 F.2d 1032, 1034 (9th Cir.1983); Morris v. United States, 521 F.2d 872, 875 (9th Cir.1975); White v. Franklin, 637 F.Supp. 601, 613 (N.D.Miss.1986); Richcreek v. Grecu, 612 F.Supp. 111, 115 (S.D.Ind. 1985).
discussed Cited as authority (rule) Leonard Levy v. United States
9th Cir. · 1992 · confidence medium
In Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975), we held that if the tort falls within a 28 U.S.C. § 2680 exception, the district court lacks subject matter jurisdiction. 16 AFFIRMED. * The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument.
discussed Cited as authority (rule) Gonsalves v. United States
D. Me. · 1992 · confidence medium
See, e.g., National Commodity and Barter Association, National Commodity Exchange v. Gibbs, 886 F.2d 1240, 1246 (10th Cir.1989) (assessment of penalties for promotion of abusive tax shelter); Capozzoli v. Tracey, 663 F.2d 654, 657-58 (5th Cir.1981) (“Congress intended to insu *169 late the IRS from tort liability stemming from any of its revenue-raising activities,” including the taking of photographs alleged to be tortious invasion of privacy); 6 American Association of Commodity Traders, 598 F.2d at 1235 (refusal to process taxpayer’s application for tax-exempt status under the Code); …
cited Cited as authority (rule) Fraser v. Commissioner of Internal Revenue Service
9th Cir. · 1991 · confidence medium
Sec. 2680 (c); Morris v. United States, 521 F.2d 872, 874 (CA9 1975).
cited Cited as authority (rule) Liburd v. Platzer
D.V.I. · 1990 · confidence medium
Morris v. United States, 521 F.2d 872, 874 (9th Cir. 1975); cf. Gibson v. United States, 457 F.2d 1391 (3d Cir. 1972).
discussed Cited as authority (rule) National Commodity & Barter Ass'n, National Commodity Exchange v. Gibbs
10th Cir. · 1989 · confidence medium
See Ecclesiastical Order of the Ism of Am, Inc. v. Chasin, 845 F.2d 113, 115-16 (6th Cir.1988) (IRS agents’ actions in denying organization tax exempt status held to be within the exemption for conduct connected with the assessment or collection of taxes); Capozzoli v. Tracey, 663 F.2d 654, 657-58 (5th Cir.1981) (“Congress intended to insulate the IRS from tort liability stemming from any of its revenue-raising activities,” including the taking of photographs alleged to be a tortious invasion of privacy); Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975) (IRS agents’ actions in…
discussed Cited as authority (rule) National Commodity And Barter Association v. Gibbs
10th Cir. · 1989 · confidence medium
See Ecclesiastical Order of the Ism of Am, Inc. v. Chasin, 845 F.2d 113, 115-16 (6th Cir.1988) (IRS agents' actions in denying organization tax exempt status held to be within the exemption for conduct connected with the assessment or collection of taxes); Capozzoli v. Tracey, 663 F.2d 654, 657-58 (5th Cir.1981) ("Congress intended to insulate the IRS from tort liability stemming from any of its revenue-raising activities," including the taking of photographs alleged to be a tortious invasion of privacy); Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975) (IRS agents' actions in informi…
cited Cited as authority (rule) SARATOGA S & L v. Federal Home Loan Bank
N.D. Cal. · 1989 · confidence medium
Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975).
discussed Cited as authority (rule) William F. McQuade v. United States (2×)
9th Cir. · 1988 · confidence medium
West v. FAA, 830 F.2d 1044 , 1046 (9th Cir.1987); Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975).
cited Cited as authority (rule) Love v. United States
D. Mont. · 1987 · confidence medium
Wright v. United States, 719 F.2d 1032, 1034 (9th Cir.1983) (citing Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975).
cited Cited as authority (rule) John Cominotto v. United States
9th Cir. · 1986 · confidence medium
Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975).
discussed Cited as authority (rule) Feltes v. State (2×) also: Cited "see, e.g."
Iowa · 1986 · confidence medium
See, e.g., Carlyle v. United States, 674 F.2d 554, 556 (6th Cir.1982); Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975); Gibson v. United States, 457 F.2d 1391 , 1392 n. 1 (3d Cir.1972).
cited Cited as authority (rule) Shirey v. United States
D.S.C. · 1984 · confidence medium
Smith, 546 F.2d at 876 (citing, Morris v. United States, 521 F.2d 872, 875 (9th Cir.1975).
discussed Cited as authority (rule) Anthony C. Diminnie v. United States of America and Daniel Patterson
6th Cir. · 1984 · confidence medium
E.g., Morris v. United States, 521 F.2d 872, 874-75 (9th Cir.1975); Myers & Myers, Inc., v. United States Postal Service, 527 F.2d 1252, 1256 (2d Cir.1975); Williams v. United States, 405 F.2d 951, 954-55 (9th Cir.1969).
cited Cited as authority (rule) Floyd A. Wright v. United States of America, and Nathan Fletcher, Malcolm S. Segal and Does I Through Xxiii
9th Cir. · 1983 · confidence medium
Morris v. United States, 521 F.2d 872, 874 (9th Cir. 1975).
cited Cited as authority (rule) Meghan Corinne Jablonski, a Minor, by Her Guardian Ad Litem, Isobel C. Pahls v. United States
9th Cir. · 1983 · confidence medium
Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975); see also Nevin v. United States, 696 F.2d 1229, 1231 (9th Cir. 1983).
cited Cited as authority (rule) Spilman v. Crebo
D. Mont. · 1982 · confidence medium
Gibson v. United States, 457 F.2d 1391 (3rd Cir.1972).” Morris v. United States, 521 F.2d 872, 874 (9th Cir.1975).
cited Cited as authority (rule) Alan E. Davis v. United States of America, Lt. Col. R. E. Stoffey
9th Cir. · 1982 · confidence medium
Morris v. United States, 521 F.2d 872, 874-75 (9th Cir. 1975); Williams v. United States, 405 F.2d 951, 954 (9th Cir. 1969).
discussed Cited as authority (rule) Bauer v. McCoy (2×)
N. Mar. I. · 1982 · signal: cf. · confidence medium
Ill. 1979); cf. Morris v. U.S., 521 F.2d 872, 875 (9th Cir. 1975) (Federal Tort Claims Act grants jurisdiction to sue only the United States).
discussed Cited as authority (rule) Alice P. Broudy v. United States
9th Cir. · 1981 · confidence medium
Orleans, 425 U.S. at 814 , 96 S.Ct. at 1976 , 48 L.Ed.2d at 398 ; Dalehite, 346 U.S. at 31 n.25, 73 S.Ct. at 965 n.25, 97 L.Ed. at 1438 n.25; Morris v. United States, 521 F.2d 872, 874 (9th Cir. 1975).
discussed Cited as authority (rule) Boyd v. United States
W.D. Pa. · 1980 · confidence medium
Myers & Myers, Inc. v. United States Postal Service, 527 F.2d 1252, 1256 (2nd Cir. 1975); Morris v. United States, 521 F.2d 872, 874-75 (9th Cir. 1975); Morano v. United States Naval Hospital, 437 F.2d 1009, 1010 (3d Cir. 1971).
discussed Cited as authority (rule) Saul E. Bramer v. United States
9th Cir. · 1979 · confidence medium
If state law would impose liability based upon the exercise of an AEC function made discretionary by 42 U.S.C. § 2051 (a), the case simply falls within an exception to the Federal Tort Claims Act, 28 U.S.C. § 2680 (a), and the district court lacks subject matter jurisdiction, Morris v. United States, 521 F.2d 872, 874 (9th Cir. 1975).
discussed Cited as authority (rule) Norman Birnbaum, B. Leonard Avery and Mary Rule MacMillen Plaintiffs v. United States (2×)
2d Cir. · 1978 · confidence medium
See Myers & Myers, Inc. v. U. S. Postal Service, 527 F.2d 1252, 1255 (2d Cir. 1975); Gibson v. United States, 457 F.2d 1391 , 1392 & n. 1 (3d Cir. 1972); Morris v. United States, 521 F.2d 872, 874 (9th Cir. 1975).
cited Cited as authority (rule) Meserey v. United States
D. Nev. · 1977 · confidence medium
Morris v. United States, 521 F.2d 872, 874 (9th Cir. 1975).
cited Cited as authority (rule) duPont Glore Forgan Inc. v. American Telephone & Telegraph Co.
S.D.N.Y. · 1977 · confidence medium
Morris v. United States, 521 F.2d 872, 874 (9th Cir. 1975); Broadway Open Air Theatre v. United States, 208 F.2d 257 (4th Cir. 1953); Paige v. Dillon, 217 F.Supp. 18, 20 (S.D.N.Y.1963).
discussed Cited as authority (rule) Lloyd v. State
Iowa · 1977 · confidence medium
See Gibson v. United States, 457 F.2d 1391, 1392 (3 Cir. 1972); United States v. Taylor, 236 F.2d 649, 652 (6 Cir. 1956), 74 A.L.R.2d 860 ; Konecny v. United States, 388 F.2d 59, 62-63 (8 Cir. 1967); United States v. DeCamp, 478 F.2d 1188, 1191 (9 Cir. 1973), cert. den., 414 U.S. 924 , 94 S.Ct. 232 , 38 L.Ed.2d 158 (1973); Morris v. United States, 521 F.2d 872, 874 (9 Cir. 1976); Nichols v. United States, 236 F.Supp. 241, 242 (S.D.Cal.N.D.1964); Paley v. Wolk, 262 F.Supp. 640, 643 (N.D.Ill.E.D.1965), cert. den., 386 U.S. 963 , 87 S.Ct. 1031 , 18 L.Ed.2d 112 (1967).
discussed Cited as authority (rule) Cameron Smith by His Next Friend, E. J. Smith v. United States
10th Cir. · 1976 · confidence medium
Morris v. United States, 521 F.2d 872, 874 (9th Cir.); Griffin v. United States, 500 F.2d 1059, 1063 (3d Cir.); Gibson v. United States, 457 F.2d 1391 , 1392 n. 1 (3d Cir.); see also Dalehite v. United States, 346 U.S. 15, 24 , 73 S.Ct. 956 , 97 L.Ed. 1427 .
discussed Cited as authority (rule) United States v. Jeffrey Leonard Holmes (2×)
5th Cir. · 1976 · confidence medium
The Putnam County judge issuing the warrant could not determine whether the information was gained firsthand or from others, and if from others, he had no reason to credit their reliability.” 521 F.2d at 872.
cited Cited "see" Mohammad Mirmehdi v. United States
9th Cir. · 2012 · signal: see · confidence high
See Morris v. United States, 521 F.2d 872 , 875 & n.1 (9th Cir. 1975). 8 This does not immunize from judicial review the conduct of the offi- cers who made the arrest at an operational level.
cited Cited "see" Mirmehdi v. United States
9th Cir. · 2011 · signal: see · confidence high
See Morris v. United States, 521 F.2d 872 , 875 & n. 1 (9th Cir.1975). .
discussed Cited "see" Mirmehdi v. United States (2×)
9th Cir. · 2011 · signal: see · confidence high
See Morris v. United States, 521 F.2d 872 , 875 & n. 1 (9th Cir.1975). [8] This does not immunize the conduct of the officers who made the arrest at an operational level from judicial review.
discussed Cited "see" Soghomonian v. United States (2×) also: Cited "see, e.g."
E.D. Cal. · 1999 · signal: see · confidence high
See 521 F.2d at 874 .
Retrieving the full opinion text from the archive…
Melvin MORRIS, Jr., and Ramona Morris, Plaintiffs-Appellants,
v.
UNITED STATES of America Et Al., Defendants-Appellees
74-1579.
Court of Appeals for the Ninth Circuit.
Sep 4, 1975.
521 F.2d 872
William R. Freeman (argued), Los An-geles, Cal., for plaintiffs-appellants., Joseph M. McManus, Atty. (argued), Tax Div., Dept. of Justice, Washington, D. C., for defendants-appellees.
Koelsch, Choy, Solomon.
Cited by 93 opinions  |  Published

OPINION

CHOY, Circuit Judge;

Morris and his wife appeal from dismissal of their action for damages brought under 28 U.S.C. §§ 1346(b) and 2674 against the United States and various public officials and employees. We affirm.

Facts

For purposes of this appeal, we assume that the following allegations contained in appellants’ complaint are true. During the 1960’s Morris was engaged in a plumbing and contracting business in Los Angeles. From 1960 to 1965 he acquired 18 substandard buildings in San[*874] Francisco to rehabilitate and resell. To finance improvements to the buildings, Morris relied extensively on credit extended by lenders, subcontractors and suppliers. Because Morris did not use Union labor in his business, a Union representative said Morris could expect a visit from the Internal Revenue Service (IRS). Not long thereafter the IRS called on Morris for an audit of his books, and later audited appellants’ income tax returns for the years 1960-65. The IRS subsequently determined that appellants owed back taxes for excess depreciation taken on the buildings. During the course of its investigation and collection activities, the IRS told Morris’s creditors of the tax liability and said that he would be insolvent as a result; consequently Morris’s credit dried up and he was forced out of business. Further, the IRS and its agents in their collection attempts harassed and intimidated Morris and his wife and on several occasions unlawfully seized and levied upon property belonging to them.

In 1970, after years of investigation, auditing and partially successful collection activity, the IRS determined that appellants owed no taxes and returned $6,500.00 which had been collected through various levies and seizures.

After filing an unsuccessful administrative claim for damages against the IRS, appellants filed the present action against the United States, the Secretary of the Treasury, the Treasurer of the United States, and an Internal Revenue officer. The district court’s dismissal was grounded upon a lack of subject matter jurisdiction under 28 U.S.C. § 1346(b). We affirm.

J urisdiction

It is well-settled, and appellants do not dispute, that the United States government may not be sued unless it has specifically waived its sovereign immunity. Thus, the exclusive jurisdiction over civil actions against the United States conferred on federal district courts, 28 U.S.C. § 1346, is limited to cases in which the government has consented to be sued.

In this case, appellants brought action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq., which waives the sovereign immunity defense in tort claims against the United States. 28 U.S.C. § 2674. The waiver, however, is severely limited by several exceptions spelled out in 28 U.S.C. § 2680. If a plaintiff’s tort claim falls within one of the exceptions, the district court lacks subject matter jurisdiction. Gibson v. United States, 457 F.2d 1391 (3rd Cir. 1972).

Appellees assert that the § 2680(c) exception, covering claims “arising in respect of the assessment or collection of any tax,” applies in this case and bars appellants’ action against the United States. We agree. Even assuming arguendo that the Internal Revenue agents’ collection activity was beyond the normal scope of authority and amounted to tortious conduct, we find that the claim falls squarely within the exempted group of tort claims arising out of tax collection efforts. Krouse v. United States Government Treasury-Department Internal Revenue Service, 380 F.Supp. 219, 222 (C.D.Cal.1974); see Broadway Open Air Theatre v. United States, 208 F.2d 257 (4th Cir. 1953).

The alleged conduct of the IRS agents, if true, would be deplorable; nevertheless, the district court lacked subject matter jurisdiction over the claims against them. Although the Federal Tort Claims Act does not bar damage actions against individual federal employees, the Act merely permits certain types of actions against the United States. The Act does not create a general federal cause of action for tortious conduct against federal employees. For a claim against other parties to be joined with a claim against the United States under the Federal Tort Claims Act, an independent ground for jurisdiction must exist. Williams v. United States, 405 F.2d 951, 954 (9th Cir. 1969).

[*875] Consistent with the Act, 28 U.S.C. § 1346(b) confers on the district court jurisdiction only over actions against the United States. There is no provision in the jurisdictional statute which covers actions for damages in tort against federal employees and officials. Accordingly, the claims against the individual defendants, which were based solely on § 1346(b) and § 2674 (Federal Tort Claims Act), [1] were properly dismissed by the district court for lack of subject matter jurisdiction.

Affirmed.

1

. Although the Morrises in their appellate brief generally characterize the IRS actions as viola-tive of their constitutional right to due process of law, their amended complaint makes no statement of jurisdiction other than that the suit is brought under 28 U.S.C. §§ 1346(b) and 2674. Federal courts are courts of limited jurisdiction, and the burden is on the party asserting the jurisdiction of the court to show that jurisdiction does, in fact, exist. See Bowman v. White, 388 F.2d 756 (4th Cir. 1968); Barkhorn v. Adlib Associates, Inc., 345 F.2d 173, 174 (9th Cir. 1965); Fed.R.Civ.P. 8(a)(1). The appellants have failed to meet that burden.