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GINSBERG v. UNITED STATES

No. 22204.

408 F.2d 1016 (1969)

Benjamin GINSBERG, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 2, 1969.

Attorney(s) appearing for the Case

Clyde Maxwell (argued), of Maxwell & Sheahan, James Jess, Los Angeles, Cal., for appellant.

Jeanine Jacobs, Washington, D. C., (argued), Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Joseph M. Howard, Attys., Dept. of Justice, Washington, D. C., William M. Byrne, Jr., U. S. Atty., Loyal E. Keir, Donald M. Fenmore, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before BARNES, DUNIWAY and ELY, Circuit Judges.

PER CURIAM:

The Internal Revenue Service seized and levied upon certain funds of the appellant to satisfy federal wagering excise taxes and wagering occupational taxes. See Int.Rev.Code of 1954, §§ 4401, 4411, 6331. The appellant filed a suit for refund of a portion of the seized funds. The Government counterclaimed for an additional unpaid balance and moved for summary judgment on both the principal suit and the counterclaim. This is an appeal from...

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