UNITED STATES v. SULLIVAN

No. 394.

98 F.2d 79 (1938)

UNITED STATES v. SULLIVAN.

Circuit Court of Appeals, Second Circuit.

July 12, 1938.


Attorney(s) appearing for the Case

James I. Cuff, of New York City, and Louis J. Castellano, of Brooklyn, N. Y. (James I. Cuff, of New York City, and Louis J. Castellano and Arthur L. Burchell, both of Brooklyn, N. Y., of counsel), for appellant.

Michael F. Walsh, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith and James D. Saver, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for the United States.

Before MANTON, SWAN, and CHASE, Circuit Judges.


SWAN, Circuit Judge.

John J. Sullivan has appealed from a judgment of conviction on six counts of an indictment. Counts 1, 2, 4 and 6 charged wilful attempts to defeat and evade income taxes for the years 1929 to 1932, inclusive, each count relating to a separate year, and counts 3 and 5, respectively, charged wilful failure to make a tax return for 1931 and 1932. On each count the appellant was sentenced to a term of nine months' imprisonment (the terms to be served...

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