United States v. One 1955 Model Ford 2-door Coach

JOHN R. BROWN, Circuit Judge.

The question here — on facts strikingly simple, neither complex nor conflicting, and in the most part stipulated — is whether a prior inquiry respecting the prospective purchase of a prior automobile satisfied the statutory condition, 18 U.S.C.A. § 3617(b)(3) for judicial remission of the penalty of forfeiture, 26 U.S.C.A. §§ 7301, 7302, flowing from prohibited use of another vehicle subsequently purchased.

The Court below remitted the forfeiture to Alabama Discount Corporation, the Claimant, and the Government appeals.

Claimant, a lender as well as an automobile…