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BUTLER v. PHINNEY

Civ. A. No. 70-H-1392.

330 F.Supp. 596 (1971)

Robert J. BUTLER v. Robert L. PHINNEY, District Director, Internal Revenue Service.

United States District Court, S. D. Texas, Houston Division.

Motion for Rehearing Denied April 26, 1971.

Attorney(s) appearing for the Case

J. Edwin Smith, Houston, Tex., for plaintiff.

James Gough, Asst. U. S. Atty., Houston, Tex., for defendant.

SEALS, District Judge.

MEMORANDUM AND ORDER

Plaintiff in this action seeks to enjoin the Internal Revenue Service from collecting wagering taxes assessed against plaintiff for parts of 1963 and 1964. Plaintiff contends that the Government's collection efforts constitute an attempt to penalize him for exercising his constitutional privilege against self-incrimination. The case is before the court on the Government...

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