U.S. Court of Appeals for the Fifth Circuit, 1980

Continental Electric Co. v. Kurtz

Continental Electric Co. v. Kurtz
U.S. Court of Appeals for the Fifth Circuit · Decided June 4, 1980 · Hatchett
618 F.2d 350; 46 A.F.T.R.2d (RIA) 5095; 1980 U.S. App. LEXIS 16970 (Federal Reporter, Second Series)

Continental Electric Co. v. Kurtz

Opinion of the Court

HATCHETT, Circuit Judge:

The Internal Revenue Service seeks relief from a preliminary injunction entered by the district court, which found that 26 C.F.R. § 601.107(b)(2) imposes a mandatory duty upon the Internal Revenue Service to disclose requested information at a criminal investigation conference. The district court exercised jurisdiction under 28 U.S.C. § 1331. In accordance with Einhorn v. DeWitt, 618 F.2d 347 (5th Cir. 1980), we find no mandatory duty imposed by the regulation or basis for jurisdiction. Accordingly, we reverse and remand for dismissal.

REVERSED AND REMANDED.

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