UNITED STATES v. COOK

No. 73-3265.

494 F.2d 573 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Joel E. COOK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 23, 1974.


Attorney(s) appearing for the Case

Melvin M. Engel, Houston, Tex., for defendant-appellant.

Scott P. Crampton, Asst. Atty. Gen., Tax Div., Meyer Rothwacks, Chief, Appellate Tax Div., Jonathan S. Cohen, Atty., Dept. of Justice, Washington, D. C., James R. Gough, Asst. U. S. Atty., Anthony J. P. Farris, U. S. Atty., Olney G. Wallis, Asst. U. S. Atty., Houston, Tex., Libero Marinelli, Jr., Atty. Tax Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before JONES, THORNBERRY and COLEMAN, Circuit Judges.


JONES, Circuit Judge:

The facts are not complex and are not in dispute. The question presented for decision is a narrow one. On July 6, 1962 a tax assessment was made by the United States against the appellant, Joel E. Cook. On February 24, 1965 Cook submitted to the Treasury Department an offer in compromise on a printed form furnished by the Internal Revenue Service. Included in the offer in compromise, and a part of the printed form, is the provision that,

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