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UNITED STATES v. BERGER

No. 326 Docket 71-1856.

456 F.2d 1349 (1972)

UNITED STATES of America, Appellee, v. Sol BERGER, Appellant.

United States Court of Appeals, Second Circuit.

Decided March 20, 1972.

Attorney(s) appearing for the Case

George G. Gallantz, New York City (Proskauer, Rose, Goetz & Mendelsohn, New York, N. Y., David I. Goldblatt, Aron B. Katz and Herbert T. Weinstein, New York City, of counsel), for appellant.

Ross Sandler, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., Michael I. Saltzman and Peter F. Rient, Asst. U. S. Attys., of counsel), for appellee.

Before SMITH, KAUFMAN and MULLIGAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Sol Berger appeals from a judgment of conviction on each of three counts of an indictment for the willful evasion of income tax due from the Colonial Corporation of America ("Colonial"), of which he was president and chief executive officer, by causing to be prepared and filed false corporate tax returns in each of the calendar years 1962, 1963 and 1964 (26 U.S.C. § 7201 and 18 U.S.C. § 2). After trial without a jury in the...

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