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GIKAS v. UNITED STATES

No. 5279.

250 F.2d 858 (1957)

John V. GIKAS, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

December 18, 1957.

Attorney(s) appearing for the Case

Charles J. Isber, Boston, Mass., for appellant.

William J. Koen, Asst. U. S. Atty., Boston, Mass., with whom Anthony Julian, U. S. Atty., and Charles F. Barrett, Asst. U. S. Atty., Boston, Mass., were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

PER CURIAM.

The appeal here is from a judgment of conviction, pursuant to a jury verdict of guilty, after trial of appellant on an indictment charging, in five counts, violations of § 145(b) of the Internal Revenue Code for the taxable years 1945, 1946, 1948, 1949, and 1950. The Code section reads as follows:

"Any person required under this chapter to collect, account for, and pay over any tax imposed by this chapter, who willfully fails to collect or...

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