BURKE v. UNITED STATES

Nos. 16321, 16322.

279 F.2d 824 (1960)

John J. BURKE, Appellant, v. UNITED STATES of America, Appellee. Rose BURKE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

June 22, 1960.


Attorney(s) appearing for the Case

Morris A. Shenker, St. Louis, Mo., for appellants.

Noel L. Robyn, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before GARDNER, WOODROUGH and VOGEL, Circuit Judges.


VOGEL, Circuit Judge.

John J. and Rose C. Burke, husband and wife, appellants herein, were indicted by a grand jury on charges of willfully attempting to evade the payment of income taxes for the years 1951, 1952, 1953 and 1954 by the filing of false and fraudulent income tax returns. The case was submitted to the jury upon the net worth theory of proof, under which the government contended that taxpayers' net worth had appreciated from unreported moneys John J. had...

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