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FOODSERVICE & LODGING INSTITUTE, INC. v. REGAN

Nos. 84-5385, 84-5525.

809 F.2d 842 (1987)

FOODSERVICE AND LODGING INSTITUTE, INC., a nonprofit D.C. corporation, Appellant, v. Donald T. REGAN, U.S. Secretary of the Treasury, et al. FOODSERVICE AND LODGING INSTITUTE, INC., a nonprofit D.C. corporation v. Donald T. REGAN, U.S. Secretary of the Treasury, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 1987.

Attorney(s) appearing for the Case

Thomas W. Power, Washington, D.C., with whom Robert D. McDonald and Thomas A. Cocciardi, Washington, D.C., were on brief for appellant in No. 84-5385 and cross-appellee in No. 84-5525.

Steven I. Frahm, Atty., Dept. of Justice, with whom Glenn L. Archer, Jr., Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty. and Michael L. Paup, Atty., Dept. of Justice, Washington, D.C., were on brief for appellees in No. 84-5385 and cross-appellants in No. 84-5525.

Before ROBINSON, EDWARDS and SCALIA, Circuit Judges.

Opinion for the Court PER CURIAM.

PER CURIAM:

The appellant, the Foodservice and Lodging Institute, Inc. (the "Institute"), brought this action against the Secretary of the Treasury and the Commissioner of Internal Revenue ("IRS") on behalf of employers in the restaurant, food and beverage industry, requesting the District Court to declare invalid and enjoin the enforcement of four tax regulations dealing with tip income reporting and withholding requirements...

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