KABBABY v. RICHARDSON

No. 75-1145 Summary Calendar.

520 F.2d 334 (1975)

Charles KABBABY, Plaintiff-Appellee, v. W. L. RICHARDSON, District Representative, Internal Revenue Service, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 1, 1975.


Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Lawrance B. Craig, Asst. U. S. Atty., Miami, Fla., Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Chief, Appellate Sec., Harry Marselli, Elmer J. Kelsey, Stephen M. Gelber, Tax Div., U. S. Dept. of Justice, Washington, D. C., for defendants-appellants.

George D. Gold, Patrick A. Podsaid, Philip T. Weinstein, Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.


JOHN R. BROWN, Chief Judge.

This case presents once again a pattern we have seen too often recently: arrest by local police, immediate notification of the IRS when drugs and a large amount of cash are found in the possession of the suspect, quick termination of the suspect's taxable year followed by a jeopardy assessment based on a totally insupportable extrapolation of taxes due from the drugs found, and seizure by the IRS of the cash and valuables then impounded...

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