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UNITED STATES v. GOODYEAR

No. 80-5179.

649 F.2d 226 (1981)

UNITED STATES of America, Appellant, v. Benjamin F. GOODYEAR and Elizabeth A. Goodyear, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 11, 1981.

Attorney(s) appearing for the Case

James P. Springer, Tax Division, Dept. of Justice, Washington, D. C. (Stephen G. Jory, U. S. Atty., Elkins, W.Va., M. Carr Ferguson, Asst. Atty. Gen., Washington, D. C., Michael L. Paup, James A. Bruton, Tax Division, Dept. of Justice, Washington, D.C., on brief), for appellant.

John L. Henning, Elkins, W.Va. (R. Mike Mullens, Washington, D. C., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, PHILLIPS and SPROUSE, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

The Government appeals from the district court's order granting defendants' postverdict motions for judgments of acquittal because venue was improper in the Northern District of West Virginia. We reverse and remand.

The Goodyears were indicted by a federal grand jury for willfully attempting to evade income taxes in violation of I.R.C. § 72011 by making false statements to Internal Revenue...

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