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BILBO v. UNITED STATES

No. 79-2673.

633 F.2d 1137 (1981)

W. Russell BILBO and Doris M. Bilbo, (Doris M. Bilbo, as executrix of the estate of W. Russell Bilbo, substituted in place and stead of W. Russell Bilbo, deceased), Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B.

January 5, 1981.

Attorney(s) appearing for the Case

Herbert Shafer, Atlanta, Ga., James K. O'Malley, Pittsburgh, Pa., for plaintiffs-appellants.

William L. Harper, U. S. Atty., Atlanta, Ga., Richard Farber, Francis J. Gould, Richard D. Buik, Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before TUTTLE, GODBOLD and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Taxpayer Doris M. Bilbo1 appeals a district court's refusal to enjoin the assessment and collection of certain taxes allegedly due the government. We have determined that the district court properly held this action barred by the Tax Code's Anti-Injunction Act, 26 U.S.C.A. § 7421(a) (Cum.Supp.1980) and accordingly, we affirm.

I. Facts

Following a 1974 Georgia state investigation...

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