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FLOYD v. UNITED STATES

No. 10247.

361 F.2d 312 (1966)

Fred FLOYD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 4, 1966.

Attorney(s) appearing for the Case

C. S. Bowen and Robert A. Clay, Greenville, S. C., for appellant.

Jerome I. Chapman, Atty., Dept. of Justice (Richard M. Roberts, Acting Asst. Atty. Gen., Meyer Rothwacks and George F. Lynch, Attys., Dept. of Justice, and John C. Williams, U. S. Atty., and James D. McCoy, III, Asst. U. S. Atty., on brief), for appellee.

Before SOBELOFF and J. SPENCER BELL, Circuit Judges, and J. BRAXTON CRAVEN, Jr., District Judge.

SOBELOFF, Circuit Judge:

An action was brought against the United States by Fred Floyd to restrain the collection of certain cabaret taxes, to remove the assessment against him therefor, and to release his property from seizure and threatened sale thereunder. Floyd's complaint recites that the cabaret, the operation and ownership of which gives rise to a tax obligation,1 is in fact owned solely by his wife, and that he is not in any way...

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