United States of Am. & Donald E. Merrill, Revenue Agent of the Internal Revenue Serv. v. Nat'l Bank of South Dakota, B. H. Dail, 622 F.2d 365 (8th Cir. 1980). · Go Syfert
United States of Am. & Donald E. Merrill, Revenue Agent of the Internal Revenue Serv. v. Nat'l Bank of South Dakota, B. H. Dail, 622 F.2d 365 (8th Cir. 1980). Cases Citing This Book View Copy Cite
25 citation events (8 in the last 25 years) across 9 distinct courts.
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) Nero Trading, LLC v. US Dept. of Treasury
11th Cir. · 2009 · confidence medium
See, e.g., United States v. Tiffany Fine Arts, Inc., 718 F.2d 7, 14 (2d Cir.1983), aff'd, 469 U.S. 310 , 105 S.Ct. 725 , 83 L.Ed.2d 678 ; United *1250 States v. Kis, 658 F.2d 526, 539-40 (7th Cir.1981) (requiring the taxpayer to develop facts sufficient to allow court to draw inference of wrongful conduct by government before adversarial hearing can be granted); United States v. Nat’l Bank of South Dakota, 622 F.2d 365, 367 (8th Cir.1980) (per curiam).
discussed Cited as authority (rule) Xelan, Inc. v. United States
S.D. Iowa · 2005 · confidence medium
The Eighth Circuit has said "[a]n evidentiary hearing is necessary only where substantial deficiencies in the summons proceedings are raised by the party challenging the summons." United States v. National Bank of South Dakota, 622 F.2d 365, 367 (8th Cir.1980); see United States v. U.S. Bancorp, 12 F.Supp.2d 982, 986 (D.Minn.1998).
discussed Cited as authority (rule) Xĕlan, Inc. v. United States
S.D. Iowa · 2005 · confidence medium
The Eighth Circuit has said “[a]n evidentiary hearing is necessary only where substantial deficiencies in the summons proceedings are raised by the party challenging the summons.” United States v. National Bank of South Dakota, 622 F.2d 365, 367 (8th Cir.1980); see United States v. U.S. Bancorp, 12 F.Supp.2d 982, 986 (D.Minn.1998).
discussed Cited as authority (rule) United States v. Norwood
D.N.D. · 2004 · confidence medium
The United States is entitled even to information that has only “potential relevance” to an ongoing investigation, United States v. Arthur Young & Co., 465 U.S. 805, 814 , 104 S.Ct. 1495 , 79 L.Ed.2d 826 (1984), and the applicable standard is *864 whether the information sought “might throw light upon the correctness of the taxpayer’s returns.” See United States v. Nat’l Bank of South Dakota, 622 F.2d 365, 367 (8th Cir.1980) (internal quotation and citations omitted).
discussed Cited as authority (rule) United States v. Judicial Watch, Inc.
D.D.C. · 2002 · confidence medium
See, e.g., Alphin, 809 F.2d at 238 ; United States v. Harris, 628 F.2d 875, 879 (5th Cir.1980); United States v. Nat’l Bank of S. Dakota, 622 F.2d 365, 367 (8th Cir.1980) (“The district court has discretionary authority under Rule 81(a)(3) of the Federal Rules of Civil Procedure and may deny hearings or limit the applicability of discovery in a summons enforcement proceeding.”); United States v. Stuckey, 646 F.2d 1369, 1373 (9th Cir.1981) (“The district court has discretionary authority to limit the scope of an evidentiary hearing and to deny discovery in a. summons enforcement proceed…
discussed Cited as authority (rule) United States v. U.S. Bancorp
D. Minnesota · 1998 · confidence medium
See Norwest, 116 F.3d at 1233 (“[T]he judiciary should not go beyond the requirements of the statute and force [the] IRS to litigate the reasonableness of its investigative procedures.”) (quotation and citation omitted); U.S. v. National Bank of South Dakota, 622 F.2d 365, 367 (8th Cir.1980) (“An evidentiary hearing is necessary only where substantial deficiencies in the summons proceedings are raised by the party challenging the summons.”) (citation omitted).
discussed Cited as authority (rule) In The Matter Of The Tax Liabilities Of: John Does, All Unknown Employees Of Boundary Waters Restaurant
8th Cir. · 1989 · confidence medium
Donaldson v. United States, 400 U.S. at 528-29, 91 S.Ct. at 541 [ 27 L.Ed.2d 580 (1971) ]; United States v. Lask, 703 F.2d at 300 ; United States v. National Bank, 622 F.2d 365, 367 (8th Cir.1980) (per curiam); United States v. Moon, 616 F.2d [1043] at 1047 [ (8th Cir.1980) ].
discussed Cited as authority (rule) Tax Liabilities of Does v. United States
8th Cir. · 1989 · confidence medium
Donaldson v. United States, 400 U.S. [517] at 528-29, 91 S.Ct. [534] at 541 [ 27 L.Ed.2d 580 (1971)]; United States v. Lask, 703 F.2d at 300 ; United States v. National Bank, 622 F.2d 365, 367 (8th Cir.1980) (per curiam); United States v. Moon, 616 F.2d [1043] at 1047 [(8th Cir.1980)].
cited Cited as authority (rule) United States of America and Charles A. Bowsher, Comptroller General of the United States of America v. McDonnell Douglas Corporation
8th Cir. · 1984 · confidence medium
United States v. Lask, 703 F.2d 293, 300 (8th Cir.), cert. denied, — U.S.-, 104 S.Ct. 104 , 78 L.Ed.2d 107 (1983); United States v. National Bank of South Dakota, 622 F.2d 365, 367 (8th Cir.1980).
discussed Cited as authority (rule) United States v. Claes
8th Cir. · 1984 · confidence medium
Donaldson v. United States, 400 U.S. at 528-29 , 91 S.Ct. at 541 ; United States v. Lask, 703 F.2d at 300 ; United States v. National Bank, 622 F.2d 365, 367 (8th Cir.1980) (per curiam); United States v. Moon, 616 F.2d at 1047 .
cited Cited as authority (rule) United States of America, and Mark W. Lawler, Special Agent of the Internal Revenue Service v. James E. Lask and Ruth L. Lask
8th Cir. · 1983 · confidence medium
See Donaldson v. United States, 400 U.S. 517, 528-29 , 91 S.Ct. 534, 541 , 27 L.Ed.2d 580 (1971); United States v. National Bank of South Dakota, 622 F.2d 365, 367 (8th Cir.1980) (per curiam).
cited Cited as authority (rule) United States v. Spezzano
W.D.N.Y. · 1982 · confidence medium
United States v. National Bank of South Dakota, 622 F.2d 365, 367 (8th Cir.1980); United States v. Garden State National Bank, 607 F.2d 61, 71 (3rd Cir. 1979).
discussed Cited as authority (rule) United States of America and Donald Jackson, Special Agent v. Charles H. Stuckey, and Morry Weinstein, Intervenor-Appellant (2×)
9th Cir. · 1981 · confidence medium
E. g., United States v. National Bank of South Dakota, 622 F.2d 365, 367 (8th Cir. 1980).
cited Cited as authority (rule) United States of America and James F. Dowling, Special Agent, Internal Revenue Service v. Michigan Telephone Employees Credit Union, and Lynn Johnston, Intervenor-Appellant, United States of America and James F. Dowling, Special Agent, Internal Revenue Service v. Old Kent Bank & Trust Company, and Lynn Johnston, Intervenor-Appellant
6th Cir. · 1981 · confidence medium
United States v. Garden State National Bank, 607 F.2d 61, 71 (3rd Cir.1979); United States v. National Bank of South Dakota, 622 F.2d 365, 367 (8th Cir.1980).
cited Cited "see" Robert L. Schulz v. United States
8th Cir. · 2007 · signal: see · confidence high
See United States v. Nat’l Bank of S.D., 622 F.2d 365, 367 (8th Cir.1980) (per curiam).
cited Cited "see" United States of America Ione Reddy, Revenue Agent of the Internal Revenue Service v. John Goodrich
8th Cir. · 1994 · signal: see · confidence high
See United States v. National Bank of South Dakota, 622 F.2d 365, 367 (8th Cir. 1980).
Retrieving the full opinion text from the archive…
UNITED STATES of America and Donald E. Merrill, Revenue Agent of the Internal Revenue Service, Appellees,
v.
NATIONAL BANK OF SOUTH DAKOTA, B. H. Dail, Appellant
80-1008.
Court of Appeals for the Eighth Circuit.
May 20, 1980.
622 F.2d 365
B. H. Dail, Rapid City, S. D., filed brief pro se., M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Charles E. Brookhart, Melvin E. Clark, Jr., Attys., Tax Div., Dept, of Justice, Washington, D. C., and Terry L. Pechota, U. S. Atty., Rapid City, S. D., filed brief for appellees.
Heaney, Ross, McMillian.
Cited by 20 opinions  |  Published
PER CURIAM.

These are three IRS summons cases, [1] consolidated in this appeal, in which an IRS agent sought and obtained enforcement of three IRS summonses from the same district court [2] for the purposes of determining the income tax liability for 1976-1978 of taxpayer-intervenor, B. H. Dail. [3] ' [4] In his pro se appeal brief taxpayer (1) challenges the summonses as overbroad, ambiguous and ill-defined (he claims they were sought to fish for information not possibly germane to his tax liability), and (2) claims the district court erred in denying a hearing.

The government, through the petition and the affidavit of its agent, Donald E. Merrill, Revenue Agent of the Internal Revenue Service, made a prima facie showing (1) that the investigation was being conducted for a legitimate purpose, (2) that the inquiry was relevant to that purpose, (3) that the information sought was not already in the Commissioner’s possession, and (4) that the administrative steps required by the Internal Revenue Code have been properly followed. United States v. LaSalle National Bank, 437 U.S. 298, 313-14, 98 S.Ct. 2357, 2365-66, 57 L.Ed.2d 221. In this case taxpayer has failed to show substantial deficiencies in the summons proceedings or that the summonses were issued for an improper purpose. See Reisman v. Caplin, 375 U.S. 440, 449, 84 S.Ct. 508, 513, 11 L.Ed.2d 459 (1964).

The conclusionary allegation of over-breadth is sufficiently rebutted by the summons issued to the National Bank of South Dakota, the only one of the three summonses included in the record on appeal. That summons requested (1) saving account ledgers, deposit slips and items not identified thereon, and withdrawal slips for B. H. Dail or Dail Realty for the period January 1, 1976 through January 31, 1979, and (2) checking account statements, deposit slips and deposits not identified thereon, commercial loan liability ledgers, installment loan ledgers, financing statements, loan application and related documents, escrow account transaction records reflecting deposits and withdrawals, and copies of Forms 1099 for each escrow account in which an interest is established for B. H. Dail or Dail Realty for the period January 1, 1977 through January 31, 1979. Enforcement of similar summonses was recently upheld in United States v. Hoffman, No. 79-2019 (8th Cir. April 7, 1980), unpublished, and United States v. Thomas, Nos. 79-1978, 1979 (8th Cir. April 7, 1980), unpublished. And the[*367] instant summonses clearly meet the test of relevance that the materials summoned “ ‘might [throw] light upon’ the correctness of the taxpayer’s returns.” United States v. Freedom Church, 613 F.2d 316, 321 (1st Cir. 1979); United States v. Noall, 587 F.2d 123, 125 (2d Cir. 1978), cert. denied, 441 U.S. 923, 99 S.Ct. 2031, 60 L.Ed.2d 396 (1979).

The district court has discretionary authority under Rule 81(a)(3) of the Federal Rules of Civil Procedure and may deny hearings or limit the applicability of discovery in a summons enforcement proceeding. United States v. Morgan Guaranty Trust Co., 572 F.2d 36, 42 (2d Cir.), cert. denied, 439 U.S. 822, 99 S.Ct. 89, 58 L.Ed.2d 114 (1978). An evidentiary hearing is necessary only where substantial deficiencies in the summons proceedings are raised by the party challenging the summons. Id. at 42, see United States v. Garden State National Bank, 607 F.2d 61, 71 (3d Cir. 1979). And when, as in the instant case, only conclusory allegations of impropriety are made, the district court does not abuse its discretion in refusing to hold an evidentiary hearing.

We conclude that the district court properly ordered the summonses enforced. The order of the district court enforcing the summonses is affirmed and the stay pending appeal is dissolved. [5]

It is so ordered.

1

. The summonses were issued to National Bank of South Dakota, Perpetual Savings & Loan Association, and First National Bank of the Black Hills.

2

. The Honorable Andrew W. Bogue, United States District Judge for the District of South Dakota.

3

. The agent sought enforcement of the summonses only after he had issued the summonses to the two banks and one savings and loan association respectively. Taxpayer was notified of the summonses, and he directed noncompliance with the summonses. The respondent banks and savings and loan association failed to appear in response to the summonses and they refused to supply the requested information.

4

. The district court granted a stay pending appeal.

5

. Mr. Dail has filed a “Motion to Quash Summons for Reasons of Muteness Lsic]” by reason of his having received a deficiency letter for one of the taxable years in question. Appellee points out that two other years are involved. We agree that the case therefore is not moot and deny the motion to quash the summonses.