MARKS v. UNITED STATES

No. 21987.

391 F.2d 210 (1968)

Nathan Fred MARKS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 1, 1968.


Attorney(s) appearing for the Case

Bruce Spaulding (argued), of Mautz, Souther, Spaulding, Kinsey & Williamson, Randall S. Jones, Portland, Or., for appellant.

Norman Sepenuk (argued), Asst. U. S. Atty., Sidney Lezak, U. S. Atty., Jack G. Collins, First Asst. U. S. Atty., Portland, Or., for appellee.

Before CHAMBERS, BARNES and HAMLEY, Circuit Judges.


CHAMBERS, Circuit Judge:

Marks has been convicted by a jury for cheating on his 1961 federal income tax return: that is, he "did willfully and knowingly attempt to evade and defeat a large part of the income tax due and owing by him and his wife to the United States."

Taxpayer's return showed nothing due the government. As submitted to the jury, the government contended there was $2,099.81 in net taxable income and a tax due of $419.96.1...

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