UNITED STATES v. ABERSON

No. 420, Docket 33513.

419 F.2d 820 (1970)

UNITED STATES of America, Appellee, v. William B. ABERSON, Appellant.

United States Court of Appeals Second Circuit.

Decided January 6, 1970.


Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City, for appellant.

John H. Doyle, III, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, Edward M. Shaw, Asst. U. S. Atty., on the brief), for appellee.

Before MOORE and KAUFMAN, Circuit Judges, and RYAN, District Judge.


MOORE, Circuit Judge:

Aberson filed his 1956 income tax return some time in August, 1957, pursuant to a time extension he had requested. In August of 1963, approximately two weeks before the statute of limitations would have operated to bar prosecution, he was indicted for income tax evasion because of income allegedly unreported in the 1956 return.

The case was put on the trial calendar, was thereafter postponed a number of times on the government's motion...

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