LICAVOLI v. NIXON

No. 14952.

312 F.2d 200 (1963)

Peter LICAVOLI and Grace Licavoli, his wife, Plaintiffs-Appellants, v. R. I. NIXON, District Director, Internal Revenue Service, and United States of America, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

January 18, 1963.


Attorney(s) appearing for the Case

John F. Noonan, Detroit, Mich. (Robert E. Toohey, Detroit, Mich., on the brief), for appellants.

Benjamin M. Parker, Atty., Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Attys., Dept. of Justice, Washington, D. C., Lawrence Gubow, U. S. Atty., Detroit, Mich., on the brief), for appellees.

Before CECIL, Chief Judge, MILLER, Circuit Judge, and BOYD, District Judge.


SHACKELFORD MILLER, Jr., Circuit Judge.

The taxpayers, Peter Licavoli and Grace Licavoli, his wife, filed this action in the District Court to enjoin the Government and the District Director, Internal Revenue Service, from assessing and collecting income taxes and fraud penalties for the years 1948 through 1951 in the amount of $411,162.58, resulting from jeopardy assessments made by the Government. Following the issuance of an order to show cause, the Government...

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