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UNITED STATES v. O'MALLEY

No. 16658.

117 F.Supp. 895 (1954)

UNITED STATES v. O'MALLEY.

United States District Court E. D. Pennsylvania.

January 8, 1954.

Attorney(s) appearing for the Case

W. Wilson White, U. S. Atty., Philadelphia, Pa., Fred G. Folsom, Special Asst. to U. S. Atty., Washington, D. C., for plaintiff.

Lemuel B. Schofield, Marvin Comisky, Philadelphia, Pa., for defendant.

GRIM, District Judge.

The defendant, John J. O'Malley, has been convicted of income tax evasion. The Government's case was based upon a net worth theory under which it attempted to prove that defendant's net worth increased during the year 19461 substantially more than the amount which defendant had stated his income to be in his income tax return for that year. From this circumstantial evidence

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