U.S. v. SITKA

No. 864, Docket 87-1505.

845 F.2d 43 (1988)

UNITED STATES of America, Appellee, v. George S. SITKA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 20, 1988.


Attorney(s) appearing for the Case

Lowell H. Becraft, Jr., Huntsville, Ala., for defendant-appellant.

Barbara A. Bailey, Asst. U.S. Atty., D. of Conn., Bridgeport, Conn. (Stanley A. Twardy, Jr., U.S. Atty., D. of Conn., New Haven, Conn., of counsel), for appellee.

Before MESKILL and ALTIMARI, Circuit Judges, and MISHLER, District Judge.


MESKILL, Circuit Judge:

In this appeal, we are asked to address a question that we had thought was long settled. We are asked to rule that the Sixteenth Amendment to the United States Constitution, which gives Congress the "power to lay and collect taxes on incomes," was never properly ratified in accordance with Article V of the Constitution, and that federal courts therefore lack jurisdiction to entertain tax evasion prosecutions under the criminal penalty provisions...

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