Nos. 332, 406, Dockets 74-2004, 74-2041.

514 F.2d 1222 (1975)

UNITED STATES of America, Appellee, v. Ben J. SLUTSKY and Julius S. Slutsky d/b/a "The Nevele," Appellants.

United States Court of Appeals, Second Circuit.

Decided April 18, 1975.

Attorney(s) appearing for the Case

Herald Price Fahringer, Buffalo, N. Y. (E. Stewart Jones, Troy, N. Y., of counsel), for appellants.

Lawrence S. Feld, Asst. U. S. Atty. (Paul J. Curran, U.S. Atty. for the Southern District of New York, Paul Vizcarrondo, Jr., Asst. U. S. Atty., of counsel), for appellee.

Dennis E. Curtis, New Haven, Conn. (Michael J. Churgin, Stephen Wizner, Michele Hermann, New Haven, Conn., of counsel), for Jerome Frank Legal Services Organization as amicus curiae.

Before MOORE, OAKES and GURFEIN, Circuit Judges.

MOORE, Circuit Judge:

In 1973 Ben and Julius Slutsky were tried before a jury in the United States District Court for the Southern District of New York and convicted of attempted income tax evasion1 (three counts each, covering the years 1965-67) and of filing false partnership tax returns.2 (Ben Slutsky, two counts; Julius Slutsky, one count). The district court imposed both prison sentences and fines on the...

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