BENETTI v. UNITED STATES

No. 8549.

97 F.2d 263 (1938)

BENETTI v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

May 26, 1938.


Attorney(s) appearing for the Case

Platt & Sinai, of Reno, Nev., for appellant.

James W. Morris, Asst. Atty. Gen., Sewall Key, William H. Boyd, M. Leo Looney, Jr., and Earl C. Crouter, Sp. Assts. to Atty. Gen., E. P. Carville, U. S. Atty., of Reno, Nev., and Thomas O. Craven, of Carson City, Nev.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.


GARRECHT, Circuit Judge.

Appellant was indicted on three counts for unlawfully, wilfully, knowingly and feloniously attempting to defeat and evade a large part of the tax due upon his net income for each of the calendar years 1929, 1930 and 1931, in violation of Section 146 of the Revenue Act of 1928, 45 Stat. 791, 835 [26 U.S.C.A. § 145].

The evidence shows that sometime in the summer of 1933, two agents of the Treasury Department were assigned to investigate...

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