MERRITT v. UNITED STATES

No. 19603.

327 F.2d 820 (1964)

Condor MERRITT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 28, 1964.


Attorney(s) appearing for the Case

Sam E. Murrell, Robert G. Murrell, Sam E. Murrell & Sons, Orlando, Fla., for appellant.

Thomas J. Hanlon, III, Sp. Asst. U. S. Atty., Tampa, Fla., William A. Meadows, Jr., U. S. Atty., for appellee, Louis F. Oberdorfer, Asst. Atty. Gen., Joseph M. Howard, Washington, D. C., of counsel.

Before RIVES and JONES, Circuit Judges, and DAWKINS, District Judge.


RIVES, Circuit Judge.

This is an appeal from a judgment of conviction for income tax evasion in violation of Section 145(b), I.R.C.1939. The defendant, an uneducated but successful businessman, was indicted and tried on two counts covering the years 1947 and 1948. During that time he had employed a tax consultant who kept his books and records and prepared his tax returns. The Government's proof was based upon the net worth method. Its net worth schedule showed a...

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