VEINO v. FAHS

No. 16719.

257 F.2d 364 (1958)

Harvey VEINO, Appellant, v. John L. FAHS, Individually, and as Former Collector of Internal Revenue for the District of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

June 30, 1958.


Attorney(s) appearing for the Case

William R. Frazier, Hill & Frazier, James P. Hill, Jacksonville, Fla., for appellant.

Thomas N. Chambers, Atty., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Ellis N. Slack, Helen A. Buckley, Loring W. Post, Lee A. Jackson, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., Edith House, Asst. U. S. Atty., Jacksonville, Fla., James L. Guilmartin, U. S. Atty., Miami, Fla., for appellee.

Before CAMERON, JONES and BROWN, Circuit Judges.


CAMERON, Circuit Judge.

The question presented by this appeal is whether the District Court, sitting without jury, was clearly erroneous in holding that the appellant, Harvey Veino, failed to sustain the burden resting on him of proving that the determination of income tax deficiencies for the years 1943 through 1950 was incorrect, and in holding that the 50% fraud penalties were correctly imposed. The Commissioner of Internal Revenue had assessed income tax deficiencies...

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