Opinion · Court of Appeals for the Ninth Circuit

United States v. John Schlabach

United States v. John Schlabach, 398 F. App'x 306 (9th Cir. 2010)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
2010-10-06
Topic
general

FILED NOT FOR PUBLICATION OCT 06 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-35135 Petitioner - Appellee, D.C. No. 2:08-cv-00095-CI v. MEMORANDUM * JOHN J.

Citator

UpLaw has not yet analyzed United States v. John Schlabach. The absence of a flag is not a finding that it is good law.

MEMORANDUM **

The district court did not clearly err by granting the petition because John Schlabach (“Schlabach”) failed to rebut the government’s showing that the summons was issued in good faith. See Stewart v. United States, 511 F.3d 1251, 1254-55 (9th Cir.2008) (taxpayer’s heavy burden to show abuse of process or lack of good faith once government makes prima facie showing summons was issued in good faith).

Schlabach’s remaining contentions are unpersuasive.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.