Max Greenberg v. United States

ALDRICH, Circuit Judge.

The defendant was found guilty by a jury of filing false and fraudulent income tax returns on behalf of the Star Pharmacy, Inc., of which he was president and sole stockholder, for the years 1952 to 1954 (3 counts), and guilty of wilfully attempting to evade and defeat the payment of his individual tax for the years 1952 and 1953 (2 counts). Following jail sentences on each count to be served concurrently, and the imposition of separate fines, he appealed. There must be a new trial. Without considering whether there were other errors, we shall deal only with those which…