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MULCAHY v. UNITED STATES

No. 24052.

388 F.2d 300 (1968)

Daniel J. MULCAHY and Lessie Mulcahy, Appellants, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals Fifth Circuit.

January 10, 1968.

Attorney(s) appearing for the Case

Daniel J. Mulcahy, pro se.

Morton L. Susman, U. S. Atty., Houston, Tex., Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Crombie J. D. Garrett, Willy Norwind, Attys., Dept. of Justice, Washington, D. C., for appellees.

Before JONES, WISDOM and THORNBERRY, Circuit Judges.

PER CURIAM:

This suit represents the Mulcahys' second attempt to avoid the "pay now, litigate later" polcy1 of the federal revenue laws. The Internal Revenue Service made a penalty assessment against Daniel Mulcahy in the amount of $4,610.76, representing withholding taxes collected by the Houston Steel Drum Company, which the company failed to pay over to the United States. Mulcahy was an officer and counsel of the delinquent company...

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