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LANGE v. PHINNEY

No. 73-3606.

507 F.2d 1000 (1975)

Thelma Jo LANGE, Plaintiff-Appellee, v. R. L. PHINNEY, District Director of Internal Revenue Service, and the United States of America, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 13, 1975.

Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., Anthony J. P. Farris, U. S. Atty., Mary L. Sinderson, Asst. U. S. Atty., Houston, Tex., Meyer Rothwacks, Chief, Tax Div., Elmer J. Kelsey, Richard Farber, Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendants-appellants.

Joseph P. Kelly, Victoria, Tex., Moses Goldberg, San Antonio, Tex., for plaintiff-appellee.

Before DYER, SIMPSON and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 13, 1975.

SIMPSON, Circuit Judge:

Thelma Jo Lange, (taxpayer) initiated this suit to restrain the assessment and collection of income taxes allegedly due for the taxable years 1960 and 1961 and to quash the tax liens and notice of federal income tax liens arising from such assessments. The district court, over the repeated objections by appellants, the District Director of the Internal Revenue Service and the United...

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