A. H. ALEXANDER AND MARY ALEXANDER, PETITIONERS-APPELLANTS,
v.
COMMISSIONER OF INTERNAL REVENUE, RESPONDENT-APPELLEE
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The court held that evidence gathered via search warrant in a prior criminal action is admissible for assessment of wagering income taxes, even if the warrant was issued before Marchetti-Grosso.
A taxpayer challenged the admissibility of evidence gathered by a search warrant for use in assessing wagering income taxes. The taxpayer argued that …
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PER CURIAM:
In this civil action for assessment of additional wagering income taxes, the taxpayer asserts that evidence gathered by the government for use in a prior criminal action through the device of a search warrant was inadmissible. The taxpayer urges that the Supreme Court’s decision in Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889 (1968), and Grosso v. United States, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed.2d 906 (1968), necessitate a declaration that the warrant was per se invalid.
While this circuit has given full effect to a retroactive application of the Marchetti-Grosso rule, United States v. Lucia, 423 F. 2d 697 (5th Cir., 1970), cert. denied 402 U.S. 943, 91 S.Ct. 1607, 29 L.Ed.2d 111 (1971), we are not compelled to declare the warrant a nullity.1 The aforementioned Supreme Court decisions did not abolish the wagering tax statute nor did it abolish the criminal offenses therein specified. Washington v. United States, 402 F. 2d 3 (4th Cir., 1968), cert. denied 402 U.S. 978, 91 S.Ct. 1641, 29 L.Ed.2d 145 (1971). They did provide a complete defense to a criminal conviction where the accused properly raises his constitutional privilege against self-incrimination.
In the case at hand we find the warrant to have been proper in all respects. We further find appellants’ remaining contentions without merit.
The judgment of the Tax Court is affirmed.
. United States v. Scaglione, 446 F. 2d 182 at 184-187 (5th Cir., 1971.)
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Marchetti v. United States, 390 U.S. 39 (U.S. 1968)
- Grosso v. United States, 390 U.S. 62 (U.S. 1968)
- Hoskins v. United States, 402 U.S. 943 (U.S. 1971)
- Othello Washington and Ellen P. Washington v. United States, 402 F.2d 3 (4th Cir. 1968)
- Bd. of Pub. Instruction of Bay Cnty. v. Youngblood, 402 U.S. 943 (U.S. 1971)
- United States v. Lucia, 423 F.2d 697 (5th Cir. 1970)
- United States v. Scaglione, 446 F.2d 182 (5th Cir. 1971)
- Washington et ux. v. United States, 402 U.S. 978 (U.S. 1971)