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NORDSTROM v. UNITED STATES

No. 18186.

360 F.2d 734 (1966)

Harry B. NORDSTROM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

May 20, 1966.

Attorney(s) appearing for the Case

Lawrence J. Hayes, Maun, Hazel, Green, Hayes, Simon & Aretz, St. Paul, Minn., made argument for appellant and filed brief with Joseph A. Maun, St. Paul, Minn.

Hartley Nordin, Asst. U. S. Atty., Minneapolis, Minn., made argument for appellee and filed brief with Miles W. Lord, U. S. Atty., Minneapolis, Minn.

Before MATTHES, MEHAFFY and GIBSON, Circuit Judges.

GIBSON, Circuit Judge.

Does the failure of a taxpayer to report funds embezzled on May 12, 1961, three days prior to the decision in James v. United States, 366 U.S. 213, 81 S.Ct. 1052, 6 L.Ed.2d 246 (1961) and the failure to pay the tax due thereon in a return filed in March, 1962 constitute an unlawful willful evasion of income tax for the year 1961? The trial court found that it did. We affirm.

The appellant, Harry B. Nordstrom...

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