UNITED STATES v. BROOK

No. 26981.

414 F.2d 804 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Harry BROOK, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 15, 1969.


Attorney(s) appearing for the Case

E. David Rosen, Richard M. Gale, Miami, Fla., and Bernard R. Fleisher, New York City, for appellant.

William A. Meadows, Jr., U. S. Atty., J. V. Eskenazi, Asst. U. S. Atty., William G. Earle, Miami, Fla., Johnnie M. Walters, Asst. Atty. Gen., Joseph M. Howard, Richard B. Buhrman, Attorneys, Department of Justice, Washington, D. C., of counsel, for appellee.

Before BELL and GOLDBERG, Circuit Judges, and ATKINS, District Judge.


PER CURIAM:

Brook was convicted on one count of willful failure to file an income tax return in 1959 and one count of attempted evasion by filing a false income tax return in 1960 under Title 26 U.S.C. § 7203 and § 7201 respectively. We affirm these convictions.

Brook's primary complaint on this appeal is the action of the trial judge in admitting certain hearsay testimony. The testimony concerned appellant's failure to file income tax returns in...

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