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UNITED STATES v. PORTH

No. 1-68.

426 F.2d 519 (1970)

UNITED STATES of America, Appellee, v. Arthur J. PORTH, Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 18, 1970.

Attorney(s) appearing for the Case

John M. Brant, Dept. of Justice, Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., and Joseph M. Howard, Dept. of Justice, Washington, D. C., on the brief; Benjamin E. Franklin, U. S. Atty., and Bernard V. Borst, Asst. U. S. Atty., of counsel), for appellee.

Jerome Daly, Savage, Minn. (Phillip Leon and George E. Hasty, Wichita, Kan., on the brief), for appellant.

Before PICKETT, BREITENSTEIN and SETH, Circuit Judges.

PICKETT, Circuit Judge.

On December 1, 1966 the appellant, Arthur J. Porth, was charged in a five count indictment with the failure to deduct from employees' wages and account to the Internal Revenue Service required withholding taxes, failure to file withholding tax returns, and his individual tax return for the year 1963,1 in violation of 26 U.S.C. §§ 7202 and 7203. Following a conviction...

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