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REECE v. SCOGGINS

No. 73-3508.

506 F.2d 967 (1975)

Fred A. REECE, Plaintiff-Appellee, v. W. C. SCOGGINS, Individually and d/b/a SPKZ Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 17, 1975.

Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., William D. M. Holmes, Trial Atty., Meyer Rothwacks, Chief, App. Sec., Tax Div., Dept. of Justice, Washington, D. C., for Tax Div.

John W. Stokes, Jr., U. S. Atty., William D. Mallard, Jr., Asst. U. S. Atty., Atlanta, Ga., for IRS.

Charles D. Read, Jr., Decatur, Ga., for Scoggins.

A. Orville Bracey, III, Joe T. Taylor, William Robert Mellen, Atlanta, Ga., for plaintiff-appellee.

Before RIVES, GEWIN and GOLDBERG, Circuit Judges.

GEWIN, Circuit Judge:

A taxpayer brought this action in the district court claiming that the Internal Revenue Service (IRS) did not comply with clear Congressional mandates in selling his land to satisfy a tax deficiency. The district court ruled that the IRS had indeed conducted the sale in an improper manner and ordered that the purchaser of the land release the property in return for a refund of the purchase price. The purchaser appeals from that decision. The...

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