UNITED STATES v. SCORNAVACCO'S RESTAURANT, INC.

No. 75-1483.

528 F.2d 19 (1975)

UNITED STATES of America and William D. Norsworthy, Special Agent, Internal Revenue Service, Petitioners-Appellees, v. SCORNAVACCO'S RESTAURANT, INC., et al., Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 24, 1975.

As Amended December 29, 1975.


Attorney(s) appearing for the Case

William A. Barnett, Charles R. Purcell, Chicago, Ill., for respondents-appellants.

Scott P. Crampton, Asst. Atty. Gen., William A. Whitledge, Atty., Tax Div., Dept. of Justice, Washington, D.C., Samuel K. Skinner, U.S. Atty., Chicago, Ill., for petitioners-appellees.

Before SPRECHER, TONE and BAUER, Circuit Judges.


SPRECHER, Circuit Judge.

Upon petitions to enforce Internal Revenue Service summons, the question has arisen whether a restaurant business, whose books and records were sought to be examined, was operated in the year 1969 by a corporation formed in that year or by Anthony Scornavacco as sole proprietor who claimed his privilege against self-incrimination.

I

For several years prior to 1969, the Scornavacco family had owned and operated a restaurant...

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