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UNITED STATES v. D'ANNA

No. 94, Docket 71-1420.

450 F.2d 1201 (1971)

UNITED STATES of America, Appellee, v. John A. D'ANNA and Rita D'Anna, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 27, 1971.

Attorney(s) appearing for the Case

Michael I. Saltzman, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., for the Southern District of New York, New York City, and Ross Sandler, Asst. U. S. Atty., New York City, of counsel), for appellee.

Milton S. Gould, New York City (Shea, Gould, Climenko & Kramer, New York City, and Michael Lesch, New York City, of counsel), for appellants.

Before MOORE, SMITH and HAYS, Circuit Judges.

MOORE, Circuit Judge:

Defendants, John D'Anna and Rita D'Anna, appeal from judgments of conviction entered after a four day jury trial. Appellants were found guilty of wilfully attempting to evade their Federal income taxes for the years 1963 and 1964 under Counts One and Three of the indictment, 26 U.S.C. § 7201,1 and of making and subscribing joint Federal income tax returns for the same years knowing them to be materially false...

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