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UNITED STATES v. KAPLAN

No. 185, Docket 23750.

267 F.2d 114 (1959)

UNITED STATES of America, Plaintiff-Appellant, v. Harry KAPLAN, Defendant-Appellant, and Annie Kaplan, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 22, 1959.

Attorney(s) appearing for the Case

Arthur H. Christy, U. S. Atty., for the Southern Dist. of New York, and Myra Schubin, Asst. U. S. Atty., New York City, for plaintiff-appellant.

Louis Schifrin, New York City, for defendant-appellant Harry Kaplan and appellee Annie Kaplan.

Before MEDINA and HINCKS, Circuit Judges, and MATHES, District Judge.

MATHES, District Judge.

By this action the Government asserted two claims, first seeking judgment against Harry Kaplan for $29,440.20, together with penalties and interest, by reason of unpaid distilled spirits taxes on certain alcohol and mash seized in 1935; and, in event of award of judgment against Harry Kaplan on the tax claim, that four 1945 conveyances from Harry to his wife Annie be set aside as fraudulent.

The material facts are not in controversy...

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