UNITED STATES v. SMITH

No. 73-1137.

484 F.2d 8 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. James Brian SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 14, 1973.

Rehearing Denied October 3, 1973.


Attorney(s) appearing for the Case

C. Nelson Day, U. S. Atty., and James M. Dunn, Asst. U. S. Atty., for plaintiff-appellee.

Paul G. Goss, Denver, Colo., for defendant-appellant.

Before LEWIS, Chief Judge, and HOLLOWAY and McWILLIAMS, Circuit Judges.


PER CURIAM.

On May 26, 1971, James Brian Smith filed with his employer a withholding exemption certificate, Form W-4, which stated that he was entitled to ten exemptions. The following day he wrote a letter to the Internal Revenue Service in which he admitted that he was claiming these ten exemptions despite being entitled to only two. He explained that this action would enable him to receive his full wage and stated personal and religious convictions that the withholding...

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