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| Boyd v. Comm'r, No. 05-2517,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 13, 2006, Decided
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Overview: The dismissal of taxpayers' claim that the IRS improperly failed to utilize the statutory levy process under 26 U.S.C.S. § 6330 when it offset their joint income tax refund against a prior business-related tax debt was affirmed because the Tax Court's jurisdiction was limited to cases where taxpayers obtained a written notice of determination.
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| Kilty v. Worth Dev. Corp., No. 05-2101,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 13, 2006, Decided
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Overview: N.H. Rev. Stat. Ann. § 506:1 barred a breach of contract claim that tenants filed against landlords because a five-year commercial lease was not signed; furthermore, because summary judgment was entered against the tenants on claims of fraud and misrepresentation, the tenants could not rely on those allegations to circumvent the statute of frauds.
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| United States v. Brown, No. 05-2170,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 13, 2006, Decided
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Overview: Defendant's conviction for distribution of cocaine base in violation of 21 U.S.C.S. § 841(a)(1) was affirmed because the admission of testimony by a drug enforcement agent concerning the identity of defendant's voice in recorded conversations where the agent lacked personal knowledge under Fed. R. Evid. 602 was harmless.
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| United States v. Sayer, No. 05-1917, No. 05-1918,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 13, 2006, Decided
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Overview: Where a property owner purchased a farm in foreclosure from a town for the amount of the taxes due, prior mortgages on the farm held by the federal government were extinguished pursuant to Me. Rev. Stat. Ann. tit. 36, § 943, because the government failed to pay the taxes within three months of actual knowledge of the lien.
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| Esso Std. Oil Co. v. Rodriguez-Perez, No. 05-1722,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 14, 2006, Decided
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Overview: Magistrate properly exercised supplemental jurisdiction over defendants' state law counterclaims because although plaintiff's CERCLA claim was not properly before magistrate, it asserted actionable claim under 42 U.S.C.S. § 6972. Fed. R. Civ. P. 41(a)(2) did not apply; counterclaims were dismissed before plaintiff filed voluntary dismissal motion.
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| United States v. Pagan-Santini, No. 03-2574,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 14, 2006, Decided
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Overview: District court did not commit plain error when it give a unanimity instruction under Fed. R. Crim. P. 30 where the evidence was adequate as to the perjurious character of all three statements, and defendant could not show that omitting the instruction probably changed the result nor was there anything close to a miscarriage of justice.
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