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CHICKASAW CLUB, INC. v. UNITED STATES

No. 71-3638.

466 F.2d 1354 (1972)

CHICKASAW CLUB, INC., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 20, 1972.

Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Atty., Tax Div., Dept. of Justice, Washington, D. C., William J. Schloth, U. S. Atty., Charles T. Erion, Asst. U. S. Atty., Macon, Ga., Bennet N. Hollander, Jane M. Edmisten, Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

William C. Moore, Owen G. Roberts, Jr., Columbus, Ga., Roberts & Kilpatrick, Columbus, Ga., for plaintiff-appellee.

Before WISDOM and INGRAHAM, Circuit Judges, and BOOTLE, District Judge.

PER CURIAM:

In this action by the government for 1964 cabaret taxes there is a total lack of evidence to support the contention of the taxpayer (Chickasaw Club, Inc.) that it was a private club instead of a three-man venture providing public performances for profit. 26 U.S.C. § 4231(6). We are compelled therefore to hold that the district court erred in not granting the government's motion for a judgment notwithstanding the verdict. We reach this conclusion well...

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