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UNITED STATES v. TADIO

Nos. 332, 333, Dockets 23356, 23357.

223 F.2d 759 (1955)

UNITED STATES of America, Plaintiff-Appellee, v. William M. TADIO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 17, 1955.

Attorney(s) appearing for the Case

Hyman Karnofsky, Buffalo, N. Y., for appellant, James R. Privitera, Buffalo, N. Y., of counsel.

John O. Henderson, U. S. Atty., Buffalo, N. Y., for appellee, Richard E. Moot, Asst. U. S. Atty., Buffalo, N. Y., of counsel.

Before HAND, SWAN and FRANK, Circuit Judges.

SWAN, Circuit Judge.

The defendant was convicted after trial to a jury of wilfully attempting to evade and defeat payment of his 1950 and 1951 income taxes, in violation of 26 U.S.C.A. § 145(b), and of wilfully filing a return for each of those years which he did not believe to be true and correct, in violation of 26 U.S.C.A. § 3809(a). He was sentenced to imprisonment for a year and a day on both counts of each indictment, the sentences to run concurrently...

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