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UNITED STATES v. ZUDICK

No. 75-1438.

523 F.2d 848 (1975)

UNITED STATES of America v. Morris ZUDICK, Appellant, and Pauline Zudick.

United States Court of Appeals, Third Circuit.

Decided October 2, 1975.

Attorney(s) appearing for the Case

Herbert L. Zuckerman, Newark, N. J., for appellant.

Jonathan L. Goldstein, U. S. Atty., John J. Barry, Asst. U. S. Atty., Newark, N. J., for appellee.

Before ALDISERT, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

United States v. Habig, 390 U.S. 222, 88 S.Ct. 926, 19 L.Ed.2d 1055 (1968), held that the statute of limitations for criminal violations of the Internal Revenue Code runs from the actual date of filing, and not from the due date, when a return is filed after the due date pursuant to an extension. The question presented in this appeal is whether the limitations period...

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