Legal Opinion
United States v. Melillo
District Court, E.D. New York
Decided November 1, 1967No. 64-CR-77PublishedCited by 13 opinions
1Opinion of the Court
OPINION
WEINSTEIN, District Judge.
Charged with wilfully attempting to evade the payment of income taxes (26 U.S.C. § 7201), defendant was tried before a jury. After both sides rested, the Court determined that while a reasonable juror could conclude that it was more probable than not that the defendant had filed his tax returns with knowledge that they were false, such a juror would have a reasonable doubt on this issue. The question posed is whether, under such circumstances, the Court should grant a motion for judgment of acquittal.
FACTS
Defendant, a laborer, began a garbage and rubbish…
2Cases cited22 opinions
- Jackson v. DennoSupreme Court of the United States · 1964
- Gilbert v. CaliforniaSupreme Court of the United States · 1967
- American Tobacco Co. v. United StatesSupreme Court of the United States · 1946
- Curley v. United StatesCourt of Appeals for the D.C. Circuit · 1947
- Fong Foo v. United StatesSupreme Court of the United States · 1962
17 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. Ralph Kelly Taylor, IICourt of Appeals for the Second Circuit · 1972
- Robert Neaderland v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1970
- Neaderland v. CommissionerUnited States Tax Court · 1969
- United States v. Sidney GlasserCourt of Appeals for the Second Circuit · 1971
- State v. EllingsonSupreme Court of Minnesota · 1969
8 more not listed; retrieve them via the Exa API.