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FLEMING v. UNITED STATES

No. 76-3107 Summary Calendar.

547 F.2d 872 (1977)

John FLEMING, as Executor of the Estate of Robert W. Best, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 14, 1977.

Attorney(s) appearing for the Case

William J. Cooney, Augusta, Ga., A. Blenn Taylor, Jr., Brunswick, Ga., for plaintiff-appellant.

R. Jackson B. Smith, U. S. Atty., Edmund A. Booth, Jr., Asst. U. S. Atty., Augusta, Ga., Scott P. Crampton, Asst. Atty. Gen., Tax Div., Dept. of Justice, Gilbert E. Andrews Jr., Chief, Appellate Sect., Rodger M. Moore, Gary R. Allen, Charles E. Brookhart, Attys., Tax Div., Washington, D. C., for defendant-appellee.

Before COLEMAN, GOLDBERG and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 14, 1977.

PER CURIAM:

The district court awarded the government $967,902.58 for taxes based on taxpayer Robert W. Best's wagering activities. On this appeal the taxpayer's sole basis for challenging the judgment below is that evidence of communications lawfully intercepted by agents of the Federal Bureau of Investigation during a duly authorized wiretap should not have been disclosed to revenue agents of the Internal...

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