TaiLexi AI U.S. Case Law

Roettcher v. Hamilton

ROETTCHER v. HAMILTON, Collector of Internal Revenue

Roettcher v. Hamilton, 281 F. 1022 (6th Cir. 1922)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
June 28, 1922
Docket
No. 3652
Judges
Denison, Donahue, Knappen
Citations
281 F. 10221922 U.S. App. LEXIS 2216
Disposition
Reversed and remanded.
Summary
Appeal from the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Suit by H. W. Roettcher against Elwood Hamilton, Collector of Internal Revenue for the District of Kentucky. From the decree rendered, complainant appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

Since the hearing of this case by the court below, the Supreme Court has disposed of the substantial questions involved, by its opinion in Lipke v. Lederer, 258 U. S.-, 42 Sup. Ct. 549, 66 L. Ed.-, filed June 5, 1922. Upon the authority of that case it must be held that the substantial assessments made by the collector, under section 35 of title 2 of the National *1023 Prohibition Act ( 41 Stat. 317 ), were really penalties, and that a suit to enjoin distress and sale for their collection is not forbidden by R. S. § 3244 (Comp. St. § 5971), nor by the existence of any adequate remedy at law. Accordingly the decree herein will be reversed, and the record remanded for further proceedings in accordance with that opinion.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list