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KITRELL v. UNITED STATES

No. 1253.

79 F.2d 259 (1935)

KITRELL v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied September 19, 1935.

Attorney(s) appearing for the Case

Harry S. Silverstein, of Denver, Colo. (G. Dexter Blount and David Rosner, both of Denver, Colo., on the brief), for appellant.

Ivor O. Wingren, Asst. U. S. Atty., of Denver, Colo. (Thos. J. Morrissey, U. S. Atty., of Denver, Colo., on the brief), for the United States.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

Kitrell was tried, convicted, and sentenced on an indictment containing three counts charging violations of section 146, Revenue Act of 1928, 45 Stat. 835 (26 US CA § 2146).

Count 1 charges that Kitrell attempted to evade a tax of $72,214.12 on his income for the year 1930.

Count 2 charges that Kitrell attempted to evade a tax of $8,290.37 on his income for the year 1931.

Count 3 charges that Kitrell had a gross...

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