Anna Valetta Nocita, of One 1957 Ford Thunderbird Automobile, Motor No. D7fh116357, Its Tools an Appurtenances v. United States

The United States, appellee herein, filed a libel of information for the forfeiture of a 1957 Thunderbird automobile, alleging that the Thunderbird had been used by Roland Nocita in receiving wagers without filing application for a wagering permit and without payment of a wagering occupational tax in violation of Sections 4401(c), 4411 and 4412, of Title 26, United States Code. Relying on Section 7302 of Title 26, United States Code, the United States asked forfeiture of the Thunderbird.

Appellant Anna Valetta Nocita, wife of Roland Nocita, answered, denying the allegations of the libel.

The District Court found in favor of the government and ordered the forfeiture of the Thunderbird. This appeal followed and this court has jurisdiction thereof.

On November 24, 1956, Roland Nocita was arrested and the subject automobile was seized and impounded. The evidence by stipulation showed that Anna Nocita at the time of its seizure was the registered owner of the Thunderbird automobile; that Roland, her husband, had her consent to use this automobile; and that prior to November 24, 1956, Roland Nocita was engaged in bookmaking activities but had never filed for a wagering permit under…