ALEXANDER THEATRE TICKET OFFICE v. UNITED STATES

No. 163.

23 F.2d 44 (1927)

ALEXANDER THEATRE TICKET OFFICE, Inc., et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 12, 1927.


Attorney(s) appearing for the Case

Louis Marshall, Charles H. Griffiths, Nathan D. Perlman and Francis L. Kohlman, all of New York City, for plaintiffs in error.

Charles H. Tuttle, U. S. Atty., of New York City (Samuel C. Coleman, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


MANTON, Circuit Judge.

The defendants below were indicted in 14 counts for making a false and incorrect tax return for 14 consecutive months, commencing March, 1926, in violation of section 500 of the Revenue Act (26 USCA § 871). In each return it is charged that they willfully and untruthfully reported that for the specific month they had not made sales at a price exceeding 50 per cent. in excess of the sum of the established price at such ticket offices, plus...

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