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SPINELLA v. UNITED STATES

No. 19485.

310 F.2d 125 (1962)

Michael SPINELLA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 16, 1962.

Attorney(s) appearing for the Case

Andrew B. Crummy, Newark, N. J., William C. Lewis, Coral Gables, Fla., E. S. Corlett, III, William C. Merritt, Miami, Fla., Wm. A. Hyman, New York City, Hyman, Hayman & Harris, New York City, and Sherouse & Corlett, Miami, Fla., Attorneys for appellant Michael Spinella.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, William A. Friedlander, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before TUTTLE, Chief Judge, BROWN, Circuit Judge, and JOHNSON, District Judge.

PER CURIAM.

This is an appeal by the taxpayer, Spinella, from an order of the trial court directing the payment to the Internal Revenue Service of $100,000 out of funds in the possession of a Receiver appointed by the trial court for appellant and a Corporation in which he was interested, Arcola Lodges, Inc. The trial court ordered that the said sum be "applied against the outstanding income tax assessment of Michael Spinella and/or Arcola Lodges, Inc."

Appellant...

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