UNITED STATES v. COSTELLO

No. 83, Docket 23149.

221 F.2d 668 (1955)

UNITED STATES of America, Appellee, v. Frank COSTELLO, Appellant.

United States Court of Appeals Second Circuit.

Decided April 5, 1955.


Attorney(s) appearing for the Case

Arthur Garfield Hays, Hays, St. John, Abramson & Schulman, Joseph Leary Delaney, New York City, for appellant. Osmond K. Fraenkel, Joseph Leary Delaney, Morris Shilensky, New York City, of counsel.

Lloyd F. MacMahon, Chief Asst. U. S. Atty., J. Edward Lumbard, U. S. Atty., New York City, for appellee. Powell Pierpoint, Whitney North Seymour, Jr., Leonard B. Sand, Asst. U. S. Attys., New York City, of counsel.

Before CLARK, Chief Judge, and L. HAND and FRANK, Circuit Judges.


L. HAND, Circuit Judge.

The defendant, Costello, appeals from a judgment entered upon the verdict of a jury, finding him guilty upon three of four counts in an indictment under § 145 (b) of the Internal Revenue Code, Title 26, U.S.Code: i. e., of wilful attempts "to evade or defeat a large part of the income tax" for the years 1947, 1948 and 1949, "due and owing by him and his wife," by understating their joint net income tax. (The jury acquitted him on the first...

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