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LISNER v. McCANLESS

Civ. Nos. 72-500, 72-548.

356 F.Supp. 398 (1973)

Mark Bernard LISNER and Deborah E. Lisner, aka Deborah E. Gray, Plaintiffs, v. A. W. McCANLESS, District Director, Internal Revenue Service, Defendant. Robert E. SAWDEY, Plaintiff, v. A. W. McCANLESS, District Director, Internal Revenue Service, Defendant.

United States District Court, D. Arizona.

January 24, 1973.

Attorney(s) appearing for the Case

Stephen E. Silver, Robert F. Lane, Phoenix, Ariz., for plaintiffs in Civ. No. 72-500.

William C. Smitherman, U. S. Atty., Joseph Raymond Keilp, Asst. U. S. Atty., Phoenix, Ariz., Martin Teel, Tax Div., U. S. Dept. of Justice, for defendant in Civ. No. 72-500.

A. Jerry Busby, of Debus, Busby & Green, Phoenix, Ariz., for plaintiff in Civ. No. 72-548.

William C. Smitherman, U. S. Atty., Fred C. Mather, Asst. U. S. Atty., Phoenix, Ariz., Martin Teel, Tax Div., U. S. Dept. of Justice, for defendant in Civ. No. 72-548.

OPINION AND ORDER

COPPLE, District Judge.

These cases bring before the Court issues that are of fairly recent origin, and on which the courts have taken diverse approaches and reached different conclusions. In Lisner the parties allegedly left $15,600 in cash in a motel room which was subsequently levied upon by the Internal Revenue Service (IRS),1 as was their automobile....

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