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GARCIA v. UNITED STATES

No. 25632.

421 F.2d 1231 (1970)

John A. and Mary Sue GARCIA et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 24, 1970.

Attorney(s) appearing for the Case

Edward A. Copley, Dallas, Tex., for appellants.

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Harry Marselli, Carolyn R. Just, Crombie J. D. Garrett, Atty's, Dept. of Justice, Washington, D. C., Ted Butler, U. S. Atty., Andrew L. Jefferson, Jr., Asst. U. S. Atty., San Antonio, Tex., for appellee.

Before RIVES and GODBOLD, Circuit Judges, and NOEL, District Judge.

GODBOLD, Circuit Judge:

This appeal is from a judgment of the District Court reducing to judgment assessments of income tax liabilities, penalties and interest and foreclosing tax liens on real property of the taxpayers located in Texas. The validity of the assessments is not contested on this appeal, other than on constitutional grounds discussed below.

The taxpayers, John A. and Mary Sue Garcia, claim that they were

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