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UNITED STATES v. BOURQUE

No. 75-1454.

541 F.2d 290 (1976)

UNITED STATES of America, Appellee, v. Marcel BOURQUE, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided August 20, 1976.

Attorney(s) appearing for the Case

Harold C. Arcaro, Jr., Lester H. Salter, and Salter, McGowan, Arcaro & Swartz, Providence, R. I., for defendant-appellant.

Scott P. Crampton, Asst. Atty. Gen., Washington, D.C., Lincoln C. Almond, U. S. Atty., Providence, R. I., Gilbert E. Andrews, Robert E. Lindsay, and William A. Whitledge, Attys., Tax Div., Dept. of Justice, Washington, D.C., on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

Marcel Bourque appeals from his conviction on two counts of a three count indictment charging violations of the federal internal revenue laws. In Counts I and II, on which he was convicted by jury verdict, Bourque was charged, as the responsible officer, with wilful failure to file corporate income tax returns for Cumar Co., Inc. (Cumar), for the calendar years 1968 (Count I) and 1969 (Count II) in violation of 26 U.S.C. § 7203. On Count...

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