MERSEL v. UNITED STATES

No. 25428.

420 F.2d 517 (1970)

Albert L. MERSEL and Michael Mersel t/a Mike's News & Sundries, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Order January 5, 1970.


Attorney(s) appearing for the Case

J. Edward Worton, Miami, Fla., for appellants.

Mitchell Rogovin, Johnnie M. Walters, Asst. Attys. Gen., Tax Div., Lee A. Jackson, Harry Marselli, Joseph M. Howard, John P. Burke, Frank X. Grossi, Jr., Attys., Dept. of Justice, Washington, D. C., William A. Meadows, Jr., U. S. Atty., Miami, Fla., for appellee.

Before WISDOM, GODBOLD and SIMPSON, Circuit Judges.


SIMPSON, Circuit Judge:

The instant appeal is from a judgment entered in favor of the United States as defendant in a suit for recovery of occupational and excise taxes on wagering and of interest and delinquency penalties, which were paid under protest by appellants Albert L. Mersel and Mike Mersel, trading as Mike's News & Sundries (hereinafter "taxpayers"). The trial was to the court, which entered findings of fact and conclusions of law.

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