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DARK v. UNITED STATES

No. 79-3290.

641 F.2d 805 (1981)

William DARK, d/b/a Delmar Race & Sports Club, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 9, 1981.

Attorney(s) appearing for the Case

Jerome L. Blut, Las Vegas, Nev., for plaintiff-appellant.

James F. Miller, Atty. Tax Div., Dept. of Justice, Washington, D. C., argued for defendant-appellee; Gilbert E. Andrew, M. Carr Ferguson, Carleton D. Powell, R. Russell Mather, Washington, D. C., on brief.

Before FERGUSON and REINHARDT, Circuit Judges, and BONSAL, District Judge.

FERGUSON, Circuit Judge:

William Dark appeals a district court judgment finding him liable for taxes from an illegal gambling operation on his legal gambling premises. He claims that because he is not criminally culpable, he cannot be subject to tax liability. He further alleges that the court's method of determining the amount of liability is erroneous.

We affirm the district court.

I.

Plaintiff Dark owns and operates the Delmar Race &...

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