Siddiqui v. United States

359 F.3d 1200, 2004 WL 421946
Court of Appeals for the Ninth Circuit·Decided March 9, 2004·No. No. 02-17123·Published·Cited by 12 cases

Opinion

ALARCÓN, Circuit Judge.

Zariq and Greta Siddiqui, Joseph, Richard and Elizabeth Vullo, and Vullo, Siddi-qui & Associates, Ltd. (“VSA”) (collectively, “Appellants”) appeal from the district court’s limitation of its award under 26 U.S.C. § 7431 to a total of $6,000 in statutory damages, and the denial of punitive damages for the unauthorized disclosure of income tax return information. We affirm because we conclude that only one act of disclosure occurred. We also hold that under § 7431 punitive damages are precluded absent proof of actual damages.

I

On June 26, 1997, agents of the Internal Revenue Service (“IRS”) conducted a search for evidence at the residences of Zariq Siddiqui and Joseph Vullo, and the corporate offices of VSA. VSA operated a business called “Bagel Nosh.” The criminal investigation of Appellants continued for more than four years.

On October 24, 1998, approximately one hundred people attended IRS Special Agent Greg Heck’s retirement party at a restaurant in Tempe, Arizona. The guests included active and retired IRS employees, federal prosecutors, agents from other law enforcement agencies, and private tax attorneys, including two lawyers who were representing Appellants in the ongoing criminal investigation.

During the party, some of the guests “roasted” Special Agent Heck about his career as an IRS agent. In response to his friends’ attempts at humor, Special Agent Heck read a prepared “counter-roast” and presented mementos to accompany his remarks. When he gave a Bagel Nosh baseball cap to a colleague, he commented as follows:

And from the owner of Bagel Brothers, Bagel Nosh, I almost said that right, Bagel Nosh. An item of evidence that you missed at the search of the Vullo’s [sic] and ah Siddiqui’s [sic] house. They want you to have it. It says tax evasion evidence inside. It’s still a pending case.

Embroidered on the back of the cap was a citation to 26 U.S.C. § 7201. Section 7201 provides that tax evasion is a felony, punishable by a fine and/or imprisonment of not more than five years. When the citation was read aloud, one of Appellants’ defense counsel called out “7206(1).” Section 7206(1) of the Internal Revenue Code provides that a person who willfully makes a false statement is guilty of a felony punishable by a fine and/or imprisonment of not more than three years.

Appellants filed this civil action on September 3, 1999 seeking $600,000 as statutory damages for one hundred acts of disclosure of Appellants’ tax return information in violation of 26 U.S.C. § 6103, as well as punitive damages. On December 21, 2001, Appellants filed a motion in which they alleged that they were entitled to summary judgment on' their claim for statutory and punitive damages for the violation of § 6103. The Government filed a counter-motion for partial summary judgment on February 12, 2002. The Government contended that punitive damages are not available for a violation of § 6103, in the absence of proof of actual damages. The district court denied Appellants’ motion and granted the Government’s motion. On August 26, 2002, the court entered its final judgment based on the stipulation of the parties.1 [1202]*1202The district court awarded each of the six plaintiffs $1,000 in statutory damages for one act of disclosure and held that punitive damages are not available without proof of actual damages.

II

Pursuant to § 6103, tax returns and tax return information generally must be kept confidential by federal, state, and local governments, and private parties. “Return information” includes “whether the taxpayer’s return was, is being, or will be examined or subject to other investigation or processing.” § 6103(b)(2)(A). A taxpayer is authorized under § 7431 to abrogate the sovereign immunity of the United States and bring a civil action against the Government “[i]f any officer or employee of the United States knowingly, or by reason of negligence, inspects or discloses any return or return information with respect to a taxpayer in violation of any provision of section 6103.” § 7431(a)(1). Section 7431(c)(1)(A) provides for statutory damages as follows: “$1,000 for each act of unauthorized inspection or disclosure of a return or return information with respect to which such defendant is found liable.”

The Government concedes that Special Agent Heck’s remarks constituted a grossly negligent violation of § 6103(a)(1). Appellants argue that because one hundred people heard Special Agent Heck’s remarks, they suffered one hundred separate acts of disclosure and that, pursuant to § 7431(c)(1)(A), they are thus owed $600,000 — $1,000 for each of one hundred disclosures, for each of six Appellants. The Government maintains, on the other hand, that Appellants are owed only $6,000 — $1,000 for each of six Appellants— because regardless of how many people heard Special Agent Heck’s illicit utterance, his single statement constituted only one act of disclosure under the statute.2

In Miller v. United States, 66 F.3d 220 (9th Cir.1995), we were called upon to determine whether an IRS agent’s single disclosure of a plaintiffs tax return information to a newspaper reporter entitled the taxpayer to $181,734,000 in damages pursuant to § 7431(c)(1)(A) because an article based on the unauthorized disclosure was printed in 181,734 copies of the Los Angeles Times, Valley Edition. Id. at 221-23. We noted in Miller the lack of case law to support Mrs. Miller’s claim for $184,734,000 in statutory damages and held that she was entitled only to $1,000 in statutory damages. Id. at 223-24. We further reasoned that public policy militated against Mrs. Miller’s argument because “one statement on the worldwide computer network or to a television reporter could result in disseminations that could break our nation’s treasury.” Id. at 223-24. Consequently, we determined that “Congress did not intend the bizarre remedy sought.” Id. at 224.

The plain meaning of the language used by Congress in § 6103 supports our focus in Miller on the act of disclosure rather than the number of people who receive unauthorized information. “The plain meaning of a statute is always controlling ‘unless that meaning would lead to absurd results.’ ” SEC v. McCarthy, 322 F.3d 650, 655 (9th Cir.2003) (quoting Reno v. NTSB, 45 F.3d 1375, 1379 (9th Cir.1995)). “The term ‘disclosure’ means the making known to any person in any manner whatever a return or return information.” [1203]*1203§ 6103(b)(8). Substituting the statutory-definition of “disclosure” for that word in § 7431(c)(1)(A), Appellants are each entitled to “$1,000 for each act of ...

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Siddiqui v. United States, 359 F.3d 1200, 2004 WL 421946 (9th Cir. 2004).

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