Opinion · Court of Appeals for the Fifth Circuit

United States v. Elizabeth W. Larson

324 F.2d 503

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1963-11-21
Topic
general

PER CURIAM. The record before us, we think, indicates that this case is controlled by Commissioner of Internal Revenue v. Lester, 366 U.S. 299, 81 S.Ct. 1343, 6 L. Ed.2d 306. The principle there stated requires a reversal here for the entry by the district court of a judgment for the United States.

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UNITED STATES v. LARSON,324 F.2d 503(5th Cir. 1963)
UNITED STATES of America, Appellant, v. Elizabeth W. LARSON, Appellee.
No. 20481.
United States Court of Appeals, Fifth Circuit.
November 21, 1963.
Appeal from the United States District Court for the Southern District of Florida; Emmett C. Choate, Judge.
Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks and Robert A. Bernstein, Attys., Dept. of Justice, Washington, D.C., Edith House, Asst. U.S. Atty., Miami, Fla., William A. Meadows, Jr., U.S. Atty., for appellant.

Robert F. O'Malley, Louis S. Bonsteel, Smathers Thompson, Miami, Fla., for appellee.
Before TUTTLE, Chief Judge, JONES, Circuit Judge, and JOHNSON, District Judge.
PER CURIAM.
The record before us, we think, indicates that this case is controlled by Commissioner of Internal Revenue v. Lester,366 U.S. 299,81 S.Ct. 1343,6 L. Ed.2d 306. The principle there stated requires a reversal here for the entry by the district court of a judgment for the United States.

Reversed and remanded.Page 503