DAYTON BAR ASSN. v. MOORE

D. D. No. 76-5.

46 Ohio St. 2d 241 (1976)

DAYTON BAR ASSOCIATION v. MOORE.

Supreme Court of Ohio.

Decided May 19, 1976.


Attorney(s) appearing for the Case

Messrs. Young & Alexander and Mr. Neil F. Freund, for relator.

Messrs. Bieser, Greer & Landis and Mr. David C. Greer, for respondent.


Per Curiam.

The basis for the complaint instituted by relator is the willful failure of respondent to file income tax returns for the indicated years. The question of respondent's mental condition was placed in issue as a defense to the government's charges. The United States Court of Appeals for the Sixth Circuit, in its affirmance order, stated:

"There was ample evidence to go to the jury on the question of the mental capacity of the appellant [respondent...

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