BLUMBERG v. UNITED STATES

No. 15146.

222 F.2d 496 (1955)

Harry H. BLUMBERG, Appellee. v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 13, 1955.


Attorney(s) appearing for the Case

Claude Pepper, Arthur B. Cunningham, Philip T. Weinstein, Miami, Fla., Sidney O. Raphael, New York City, for appellant.

Vernon W. Evans, Jr., Asst. U. S. Atty., Tampa, Fla., James L. Guilmartin, U. S. Atty., Miami, Fla., H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, John H. Mitchell, Richard B. Buhrman, Sp. Assts. to Atty. Gen., for appellee.

Before HUTCHESON, Chief Judge, and DAWKINS, District Judge.


HUTCHESON, Chief Judge.

Convicted of willfully attempting to defeat and evade federal income taxes owing for the calendar years 1946 and 1947, in violation of Section 145(b), 26 U.S.C., defendant, appealing from the judgment imposing a fine of $20,000 and an imprisonment of three years, is here insisting that the trial was attended with prejudicial error and the judgment may not stand.

The government did not rely in this case upon the net worth and expenditures...

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