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UNITED STATES v. ROTHBART

No. 80-2019.

653 F.2d 462 (1981)

The UNITED STATES of America, Plaintiff-Appellee, v. Charles J. ROTHBART, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 10, 1981.

Attorney(s) appearing for the Case

Carolyn L. Sampson of Matassa, Dean & Sampson, Wheat Ridge, Colo., for defendant-appellant.

R. Russell Mather, Atty., Tax Division, Dept. of Justice, Washington, D. C. (M. Carr Ferguson, Asst. Atty. Gen., Michael L. Paup and Robert E. Lindsay, Attys., Dept. of Justice, Washington, D. C., with him on the brief, Joseph F. Dolan, Denver, Colo., of counsel), for plaintiff-appellee.

Before SETH, Chief Judge, SEYMOUR, Circuit Judge, and O'CONNOR, District Judge.

O'CONNOR, District Judge.

Charles J. Rothbart appeals from his conviction on six counts for willfully failing to file employment tax returns (Employer's Quarterly Federal Tax Returns, Treasury Form 941) on behalf of Warehouse Food Distributors, Inc., for the last two quarters of 1974 and the four quarters of 1975 in violation of 26 U.S.C. § 7203. Rothbart was tried, found guilty, and sentenced by the Magistrate. An appeal was taken to the United States District...

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