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HAMILTON v. UNITED STATES

No. 755, Docket 34574.

429 F.2d 427 (1970)

Dennis HAMILTON, Plaintiff-Appellant, v. UNITED STATES of America, Edward J. Fitzgerald, Jr., District Director of Internal Revenue for the District of Manhattan, and Randolph W. Thrower, Commissioner of Internal Revenue of the United States of America, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 28, 1970.

Attorney(s) appearing for the Case

Godfrey H. Murrain, New York City (Stephen L. Fine, Lubell, Lubell, Fine & Schaap, New York City, on the brief), for plaintiff-appellant.

Brian J. Gallagher, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, and T. Gorman Reilly, Asst. U. S. Atty., on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, WATERMAN, Circuit Judge, and JAMESON, District Judge.

PER CURIAM:

Hamilton was convicted of gambling charges after arrests on July 22, 1957; September 16, 1959; November 10, 1959; November 6, 1961; and finally on May 21, 1965. He sought to enjoin the collection of a deficiency assessment based on an estimate of his income from July 1, 1961 through May 21, 1965, on the basis of three days receipts during May 1965, evidence of which had been seized during the execution of search warrants for three separate places of business...

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