Filed: Jul. 02, 2004
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-1606 _ Elmer P. Scheckel, * * Appellant, * * Appeal from the United States v. * District Court for the Northern * District of Iowa. Iowa Department of Revenue and * Finance, * [UNPUBLISHED] * Appellees, * * Gerald D. Bair, Director, * * Defendant. * _ Submitted: June 29, 2004 Filed: July 2, 2004 _ Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges. _ PER CURIAM. Elmer P. Scheckel appeals the district court’s1 dismissal wi
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-1606 _ Elmer P. Scheckel, * * Appellant, * * Appeal from the United States v. * District Court for the Northern * District of Iowa. Iowa Department of Revenue and * Finance, * [UNPUBLISHED] * Appellees, * * Gerald D. Bair, Director, * * Defendant. * _ Submitted: June 29, 2004 Filed: July 2, 2004 _ Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges. _ PER CURIAM. Elmer P. Scheckel appeals the district court’s1 dismissal wit..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 04-1606
___________
Elmer P. Scheckel, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the Northern
* District of Iowa.
Iowa Department of Revenue and *
Finance, * [UNPUBLISHED]
*
Appellees, *
*
Gerald D. Bair, Director, *
*
Defendant. *
___________
Submitted: June 29, 2004
Filed: July 2, 2004
___________
Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
___________
PER CURIAM.
Elmer P. Scheckel appeals the district court’s1 dismissal with prejudice of his
civil complaint. Mr. Scheckel sought various kinds of injunctive relief, including a
1
The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
refund of all state income taxes paid to the State of Iowa and an injunction against tax
collection. Having carefully reviewed the record, we conclude dismissal was proper.
See 28 U.S.C. § 1341 (Tax Injunction Act); Iowa Code §§ 421.10, 421.60, 422.28,
422.29 (2003) (providing procedures for challenging state taxes); Rosewell v. LaSalle
Nat’l Bank,
450 U.S. 503, 512 (1981) (Tax Injunction Act bars federal jurisdiction
where state law provides certain minimal procedures for challenging state taxes); see
also Fair Assessment in Real Estate Ass’n v. McNary,
454 U.S. 100, 107-08 (1981).
Accordingly, we affirm. See 8th Cir. R. 47B.
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