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· 8/17/1992

Lewis B. Smith Helen M. Smith v. Nicholas Brady, Secretary of Treasury John Murphy, Acting Commissioner of Internal Revenue

Citations

  • 972 F.2d 1095
  • 92 Daily Journal DAR 11403
  • 117 A.L.R. Fed. 653
  • 92 Cal. Daily Op. Serv. 7077
  • 70 A.F.T.R.2d (RIA) 5565
  • 1992 U.S. App. LEXIS 18733
  • 1992 WL 194754

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Standing is a jurisdictional issue, and if the district court lacked jurisdiction over the underlying suit, ‘it had no authority to award attorney’s fees.’”
  • addressing fee award in plaintiffs’ suit against the IRS “seeking to have a letter expunged from [the plaintiffs’] files and to prevent the IRS from using such a letter in the future”
  • “[I]f the district court lacked NEWTOK VILLAGE V. PATRICK 29 jurisdiction over the underlying suit, it had no authority to award attorney’s fees.” (cleaned up)
  • “[I]f the district court lacked jurisdiction over the underlying suit, ‘it had no authority to award attorney’s fees.’ ”
  • IRS’ settlement with taxpayers did not constitute consent to jurisdiction over fee motion
  • suit to expunge letter from IRS tax audit files

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Nelson, Brunetti

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.