McFEE v. UNITED STATES

No. 13482.

206 F.2d 872 (1953)

McFEE v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

August 24, 1953.


Attorney(s) appearing for the Case

Harold S. Purdy, Coeur d'Alene, Idaho, J. F. Emigh, Butte, Mont., Elden McFarland, Washington, D. C., and James P. Keane, Wallace, Idaho, for appellant.

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Meyer Rothwacks, John Lockley, Sp. Assts. to Atty. Gen., Washington, D. C., John A. Carver, U. S. Atty., Boise, Idaho, Dudley L. Wilson, Sp. Asst. to U. S. Atty., Spokane, Wash., W. W. Patten, Sp. Asst. to U. S. Atty., Seattle, Wash., John Lockley, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before MATHEWS, HEALY and ORR, Circuit Judges.


ORR, Circuit Judge.

Appellant was tried and convicted by a jury on two counts of an indictment for wilful attempts to defeat and evade income taxes due and owing by him for the years 1945 and 1946 in violation of § 145(b) of the Internal Revenue Code, 26 U.S.C.A. § 145(b). He was sentenced to imprisonment for one year and six months and a fine of $7,500 on each count, the terms of imprisonment to run concurrently; the imprisonment on count two to be suspended...

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