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UNITED STATES v. KURZER

No. 838, Docket 75-1437.

534 F.2d 511 (1976)

UNITED STATES of America, Appellant, v. Harry KURZER, Appellee.

United States Court of Appeals, Second Circuit.

Decided April 14, 1976.

Attorney(s) appearing for the Case

William I. Aronwald, Sp. Atty., U. S. Dept. of Justice, Washington, D. C. (Thomas J. Cahill, U. S. Atty., S. D. N. Y., New York City, Peter D. Sudler, Sp. Atty., U. S. Dept. of Justice, Lawrence B. Pedowitz and John D. Gordan, III, Asst. U. S. Attys., New York City, on the brief), for appellant.

Neal J. Hurwitz, New York City (Laurence May, New York City, on the brief), for appellee.

Before MOORE and FEINBERG, Circuit Judges, and WYZANSKI, District Judge.

FEINBERG, Circuit Judge:

The United States appeals from an order of the United States District Court for the Southern District of New York, Morris E. Lasker, J., dismissing an indictment that charged Harry Kurzer with aiding and abetting the filing of fraudulent federal corporate income tax returns. 26 U.S.C. § 7206(2). The basis of the judge's ruling was that the Government had not proved that Kurzer's previous immunized...

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