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UNITED STATES v. NUTH

No. 78-5324.

605 F.2d 229 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. James G. NUTH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 30, 1979.

Attorney(s) appearing for the Case

Mitchell Ehrenberg, Buckingham, Doolittle & Burroughs, James C. Herndon, Ronald L. Penner, Akron, Ohio, for defendant-appellant.

James R. Williams, U. S. Atty., James C. Lynch, Asst. U. S. Atty., Cleveland, Ohio, for plaintiff-appellee.

Before LIVELY and MERRITT, Circuit Judges and BROWN, District Judge.

BAILEY BROWN, Chief Judge.

Appellant, James G. Nuth, was charged in four counts with fraud in connection with the preparation and filing of four gift tax returns for the years 1970, 1971, 1973 and 1974. All of the returns were filed in behalf of Nuth's aged aunt, Betty K. Owen, the donor. As to Counts I, II and III, it is charged in substance that Nuth willfully aided and assisted in the preparation of Owen's returns for the years 1970, 1971 and 1973 knowing that...

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