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JOHNSON v. PHINNEY

No. 15077.

218 F.2d 303 (1955)

Morris L. JOHNSON, Appellant, v. Robert L. PHINNEY, Director of Internal Revenue of United States of America for Southern District of Texas.

United States Court of Appeals, Fifth Circuit.

January 20, 1955.

Attorney(s) appearing for the Case

Ben. F. McDonald, Jr., Corpus Christi, Tex., Warren & McDonald, Corpus Christi, Tex., for appellant.

C. Guy Tadlock, Sp. Asst. to Atty. Gen., D. of J., Ellis N. Slack, Asst. Atty. Gen., H. Brian Holland, Asst. Atty. Gen., Charles F. Herring, U. S. Atty., San Antonio, Tex., Bradford F. Miller, Asst. U. S. Atty., Seneca Falls, Tex., Grant W. Wiprud, Sp. Asst. to Atty. Gen., for appellee.

Before BORAH and TUTTLE, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

The Commissioner assessed taxes against appellant under Sections 32851 and 32902 of the Internal Revenue Code. Appellant paid the taxes and brought this suit to recover, alleging: that he operated a restaurant and amusement hall in which he had placed two one-ball marble machines on which the coin slots were blocked off; that he sold games...

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