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MULCAHY v. UNITED STATES

Civ. A. No. 65-H-600.

251 F.Supp. 783 (1966)

Lessie S. MULCAHY, Plaintiff, v. UNITED STATES of America and R. L. Phinney, District Director of Internal Revenue, Defendants.

United States District Court S. D. Texas, Houston Division.

March 11, 1966.

Attorney(s) appearing for the Case

Daniel J. Mulcahy, Houston, Tex., for plaintiff.

Woodrow B. Seals, U. S. Atty., and William B. Butler, Asst. U. S. Atty., Houston, Tex., for defendants.

INGRAHAM, District Judge.

The question for decision in this case is whether or not the earnings of a wife in the community property state of Texas may be seized by the federal government to satisfy a tax liablity of the husband.

The plaintiff, Lessie S. Mulcahy, seeks a permanent injunction against the United States and R. L. Phinney, District Director of Internal Revenue, to restrain their agents from levying upon her personal earnings, and a declaratory...

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