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McCARTY v. UNITED STATES

No. 9986.

409 F.2d 793 (1969)

J. D. McCARTY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 5, 1969.

Attorney(s) appearing for the Case

John C. Moran, Oklahoma City, Okl. (James W. Bill Berry, Oklahoma City, Okl., with him on the brief), for appellant.

Willard C. McBride, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen. of the United States, and Joseph M. Howard and Richard B. Buhrman, Attys., Dept. of Justice), for appellee.

Before MURRAH, Chief Judge, SETH, Circuit Judge, and CHRISTENSEN, District Judge.

CHRISTENSEN, District Judge.

Appellant was indicted on three counts charging willful attempts to evade his income taxes for 1960, 1961, and 1962 by filing false and fraudulent returns in violation of Section 7201 of the Internal Revenue Code of 1954, 26 U.S.C. § 7201, and on three counts charging the willful subscribing of returns for those years which he did not believe to be true, in violation of Section 7206(1) of the Code,

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