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UNITED STATES v. STEIN

No. 18296.

437 F.2d 775 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Nathan STEIN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied March 2, 1971.

Attorney(s) appearing for the Case

Philip R. Melangton, Jr., Indianapolis, Ind., for defendant-appellant.

Johnnie M. Walters, Asst. Atty. Gen., Tax Division, Richard B. Buhrman, Joseph M. Howard, Attys., Dept. of Justice, Washington, D. C., Stanley Miller, U. S. Atty., Indianapolis, Ind., for plaintiff-appellee.

Before DUFFY, Senior Circuit Judge, and FAIRCHILD and PELL, Circuit Judges.

PELL, Circuit Judge.

Defendant Nathan Stein was indicted in two counts for wilfully attempting to evade and defeat federal income taxes due and owing for the calendar years 1962 and 1963, in violation of Section 7201 of the Internal Revenue Code of 1954, 26 U.S.C. § 7201. Following a trial by jury, Stein was found and adjudged innocent as to the 1962 count but guilty as to the 1963 count. The court imposed a fine of $2500 plus costs and a prison sentence of one...

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