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KUHN v. UNITED STATES

No. 4350.

42 F.2d 210 (1930)

KUHN v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

July 3, 1930.

Attorney(s) appearing for the Case

Wm. S. Dalzell, of Pittsburgh, Pa. (Rufus Marriner, of Washington, Pa., and Dalzell, Dalzell & McFall, of Pittsburgh, Pa., of counsel), for appellant.

Wm. J. Aiken, of Pittsburgh, Pa., Louis E. Graham, U. S. Atty., of Beaver, Pa., and John A. McCann, Sp. Asst. U. S. Atty., of Pittsburgh, Pa., for the United States.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

PER CURIAM.

In the court below the defendant was convicted and fined for alleged violation of the statute which provides that any one "who willfully attempts in any manner to defeat or evade the tax imposed by this title, shall be guilty of a misdemeanor" etc. Revenue Act 1921, § 253 (42 Stat. 268). Thereupon he took this appeal.

The alleged violation of such statute occurred, as was alleged, in making an income tax return. It will be observed that, recognizing...

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