UNITED STATES v. GURTNER

No. 72-2167.

474 F.2d 297 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert GURTNER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 5, 1973.


Attorney(s) appearing for the Case

Robert H. Sanders, Los Angeles, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., David H. Anderson, Curtis B. Rappe, Eric A. Nobles, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before KOELSCH, CHOY and GOODWIN, Circuit Judges.


CHOY, Circuit Judge:

Gurtner appeals his conviction by a jury for the wilful failure to file federal income tax returns (26 U.S.C. § 7203) for the calendar years 1964 and 1965. We affirm.

Gurtner raises two issues on appeal. The first is that the trial court should have stricken the testimony of John Foulk, a private accountant whom Gurtner consulted in April, 1967, because his conversations with Foulk were privileged attorney-client communication. We...

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