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PINDER v. UNITED STATES

No. 20271

330 F.2d 119 (1964)

Howard G. PINDER, Sr., and Howard G. Pinder, Jr., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 8, 1964.

Attorney(s) appearing for the Case

M. Terry McNab, A. Broaddus Livingston, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, Fla., for appellants.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Burton Berkley, Attys., Tax Div., Dept. of Justice, Washington, D. C., William A. Meadows, Jr., U. S. Atty. of counsel, for appellee.

Before TUTTLE, Chief Judge, and PHILLIPS and JONES, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge:

This appeal involves a joint assessment made on January 27, 1961, for the 10 per cent excise tax on wagers for the period from August 31, 1957, to October 31, 1958, and the $50 wagering occupational stamp tax for that period against Howard G. Pinder, Sr., and Howard G. Pinder, Jr.1 The assessment totaled $311,503.82, which included a 50 per cent fraud penalty and statutory interest to the date of the assessment...

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