UNITED STATES v. GERSTNER

No. S 82 Cr. 282 (CMM).

548 F.Supp. 348 (1982)

UNITED STATES of America v. Jack GERSTNER, Defendant.

United States District Court, S. D. New York.

August 4, 1982.


Attorney(s) appearing for the Case

John S. Martin, Jr., U. S. Atty., Edward Little, Minna Schrag, Asst. U. S. Attys., New York City, for the United States.

John J. Byrnes, Federal Defender Services Unit, Legal Aid Soc., New York City, for defendant.


METZNER, District Judge:

Defendant Jack Gerstner, indicted on two counts of attempted tax evasion, 26 U.S.C. § 7201, and two counts of wilfully filing a false income tax return, 26 U.S.C. § 7206(1), moves for dismissal of Count Two of the indictment. Count Two charges a Section 7206(1) violation in connection with Gerstner's 1975 tax return. The defendant contends that it is barred by the six-year statute of limitations, 26 U.S.C. § 6531.

Gerstner...

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