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Broadwell v. United States

United States Court of Appeals, Fourth Circuit
Mar 8, 1965
343 F.2d 470 (4th Cir. 1965)

Opinion

Nos. 9751, 9752.

Argued March 3, 1965.

Decided March 8, 1965.

Frank P. Meadows, Jr., Rocky Mount, N.C. (Meadows Batts, Rocky Mount, N.C., on brief), for appellants.

George F. Lynch, Atty., Dept. of Justice (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Joseph Kovner, Attys., Dept. of Justice, and Robert H. Cowen, U.S. Atty., and Gerald L. Bass, Asst. U.S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge, and BUTZNER, District Judge.


By quia timet suits against the United States under 28 U.S.C. § 2410, Waverly C. Broadwell, Nancy, his wife, and Dohn Broadwell, appellants, endeavored to remove the lien on their properties of income taxes assessed upon them for the year 1959. The object of the complaints, the appellants candidly concede, was to dispute the validity of the assessments. With the District Judge, and for the reasons he gives in his memorandum on dismissing the actions, 234 F. Supp. 17, we think: (1) that 28 U.S.C. § 2410 is not available for the purpose for which it is now invoked, and (2) that appellants have not shown "the existence of special and extraordinary circumstances" warranting resort to a court of equity to contest the taxes, in the face of the prohibitions of 26 U.S.C. § 7421(a), 7422.

Affirmed.


Summaries of

Broadwell v. United States

United States Court of Appeals, Fourth Circuit
Mar 8, 1965
343 F.2d 470 (4th Cir. 1965)
Case details for

Broadwell v. United States

Case Details

Full title:Waverly C. BROADWELL and Nancy Broadwell, his wife, Appellants, v. UNITED…

Court:United States Court of Appeals, Fourth Circuit

Date published: Mar 8, 1965

Citations

343 F.2d 470 (4th Cir. 1965)

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