BARRETT v. UNITED STATES

No. 18945.

296 F.2d 309 (1961)

Evelyn BARRETT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 29, 1961.


Attorney(s) appearing for the Case

M. Terry McNab, Mabry, Reaves, Carlton, Fields & Ward, Tampa, Fla., for appellant.

Don M. Stichter, Asst. U. S. Atty., Tampa, Fla., Paul E. Gifford, Asst. U. S. Atty., Edward F. Boardman, U. S. Atty., S. D. of Florida, Miami, Fla., for appellee.

Before JONES and BELL, Circuit Judges, and SIMPSON, District Judge.


BELL, Circuit Judge.

Appellant was convicted on all four counts of an information charging her with willful failure to file an income tax return for the years 1954 through 1957 in violation of Section 7203 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 7203. It is undisputed that she failed to file the returns.

Appellant and her husband were divorced in 1948 and under the terms of an agreement made a part of the divorce decree the husband agreed...

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