Dean v. United States
Dean v. United States
Opinion of the Court
MEMORANDUM AND ORDER
This court issued an order on August 3, 1984 directing petitioner Caralyn Dean to show cause why this action should not be dismissed for lack of subject matter jurisdiction. Minute Order, August 3, 1984. Dean is petitioning to quash an Internal Revenue Service (IRS) summons directed to her employer from 1980-1983, Providence Hospital,
Not every I.R.S. summons which directly or indirectly requires an account
Unless an accountant is involved in a direct accountant-client relationship with an individual, he is not considered a third-party recordkeeper vis-a-vis that individual under § 7609. See Schlick v. United States, 586 F.Supp. 433, 434-435 (D.Ill. 1984). Petitioner Dean is plainly not in an accountant-client relationship with the Accounting Department of Providence Hospital. Therefore, Dean cannot claim that the Hospital’s Accounting Department constitutes a third-party recordkeeper under § 7609.
Dean’s claim that she has a right to bring this action under the general terms of Article III of the U.S. Constitution is also without merit. See Petitioner’s Response, p. 3; see generally Donaldson v. United States, 400 U.S. 517, 91 S.Ct. 534, 27 L.Ed.2d 580.
For these reasons, I DISMISS petitioner Dean’s action for lack of subject matter jurisdiction.
ORDERED ACCORDINGLY.
. It is not clear from the record in this case whether Dean continues to be employed by Providence Hospital.
Reference
- Full Case Name
- Caralyn S. DEAN v. United States
- Cited By
- 1 case
- Status
- Published