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SCHIFF v. SIMON & SCHUSTER, INC.

No. 1310, Docket No. 85-7112.

780 F.2d 210 (1985)

Irwin SCHIFF, Plaintiff-Appellant, v. SIMON & SCHUSTER, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Finally Submitted After Reinstatement November 21, 1985.

Decided December 31, 1985.

Attorney(s) appearing for the Case

Irwin Schiff, Hamden, Conn., pro se.

Minna Schrag, New York City (Ronald S. Rauchberg, Proskauer, Rose, Goetz & Mendelsohn, New York City, on the brief), for defendant-appellee.

(Alan H. Nevas, U.S. Atty., New Haven, Conn., Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paul, William S. Estabrook, John A. Dudeck, Jr., Tax Div., Dept. of Justice, Washington, D.C., filed a brief for the U.S. as amicus curiae.)

Before FEINBERG, Chief Judge, MESKILL and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This is an appeal in a somewhat ironic lawsuit. Some years ago Irwin Schiff, the appellant, wrote a book entitled How Anyone Can Stop Paying Income Taxes. Simon & Schuster, the appellee, decided to distribute the book, apparently giving more consideration to the book's potential for profit than to its message. The book produced royalties for its author. The Internal Revenue Service sought to levy upon those royalties to collect...

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