DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081175P.pdf 12/10/2008 Barry J. Jewell v. United States
U.S. Court of Appeals Case No: 08-1175
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Bright, Author, with Riley and Melloy, Circuit Judges]
Civil case - federal tax. Jewell did not have standing to challenge a
closing agreement between the IRS and his former law firm; the firm was
the entity from which the IRS collected the sanction, and it is the only
proper party which can bring suit to set aside the closing agreement
and to recover the payment. Judge Riley, dissenting and asserting Jewell's
claims fall within the recognized exceptions to the equitable restrictions
which prohibit a shareholder from bringing suit to enforce the rights of
the corporation or recover for injuries it has sustained.