UNITED STATES v. INGREDIENT TECHNOLOGY CORP.

Nos. 124, 144, Dockets 82-1128, 82-1144.

698 F.2d 88 (1983)

UNITED STATES of America, Appellee, v. INGREDIENT TECHNOLOGY CORPORATION, formerly known as SuCrest Corporation, and Robert M. Rapaport, Appellants.

United States Court of Appeals, Second Circuit.

Decided January 5, 1983.


Attorney(s) appearing for the Case

Jules Ritholz, Kostelanetz & Ritholz, New York City (Elliot Silverman, David Axelrod, Kostelanetz & Ritholz, New York City, of counsel), for appellant Ingredient Technology Corp.

Frederick T. Davis, Patterson, Belknap, Webb & Tyler, New York City (Leslie C. Levin, Patterson, Belknap, Webb & Tyler, New York City, of counsel), for appellant Rapaport.

Minna Schrag, Asst. U.S. Atty., S.D.N.Y., New York City (Charles M. Carberry, Warren Neil Eggleston, Walter P. Loughlin, Asst. U.S. Attys., William M. Tendy, Acting U.S. Atty., S.D.N.Y., New York City, of counsel), for appellee.

Before OAKES and WINTER, Circuit Judges, and METZNER, District Judge.


OAKES, Circuit Judge:

This appeal is by a corporation and its former president from judgments of conviction for tax fraud by means of year-end LIFO ("last-in-first-out") inventory overstatement. The principal arguments of both defendants before the jury in a trial in the United States District Court for the Southern District of New York, Robert L. Carter, Judge, were that the inventory was not overstated because the corporation in fact had legal title on the year...

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