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SHUTTER v. UNITED STATES

No. 16923.

406 F.2d 906 (1969)

Ralph SHUTTER and Robert Shutter, d/b/a Shutter Bros. Ballroom, Plaintiffs-Counter-Defendants-Appellants, v. UNITED STATES of America, Defendant-Counter-Plaintiff-Appellee.

United States Court of Appeals Seventh Circuit.

January 27, 1969.

Attorney(s) appearing for the Case

Joseph Mack, Nathan Bennett, Chicago, Ill., for appellants.

Richard M. Roberts, Acting Asst. Atty. Gen., Tax Division, Ann E. Belanger, Attorney, U. S. Department of Justice, Washington, D. C., Thomas A. Foran, U. S. Atty., Chicago, Ill., Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Attorneys, Department of Justice, Washington, D. C., for appellee.

Before HASTINGS, KILEY and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Plaintiffs-appellants (Shutter Brothers) appeal from a judgment entered against them without a jury in the sum of $64,988.12 in the District Court in favor of the United States.

The action arises from the assessment of federal excise taxes under Section 4231(6) of the Internal Revenue Code of 1954. The Shutter Brothers operated a ballroom-lounge. The District Director assessed taxpayers $46,172.27 for cabaret taxes from June 30, 1962...

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