Legal Opinion

Berkovitz v. United States

Court of Appeals for the Fifth Circuit

Decided May 31, 1954No. 14493PublishedCited by 20 opinions

1Opinion of the Court

DAWKINS, District Judge.

Appellant was convicted and sentenced on a charge of “attempting to defeat and evade income taxes” for the year 1946, under Section 145(b), Title 26 United States Code, of the Internal Revenue Code.

Defendant’s assignments of error are in substance as follows:

1. That the court erred in charging: “The presumption is that a person intends the natural consequences of his conscious acts, and a natural presumption would be if a person consciously, knowingly, or intentionally did not set up his income, and thereby the Government was cheated or defrauded of taxes, that he…

2Cases cited14 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Tot v. United StatesSupreme Court of the United States · 1943
  3. People v. . FlackNew York Court of Appeals · 1891
  4. United States v. MatotCourt of Appeals for the Second Circuit · 1944
  5. Wardlaw v. United StatesCourt of Appeals for the Fifth Circuit · 1953

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Sandstrom v. MontanaSupreme Court of the United States · 1979
  2. Nathan Mann v. United StatesCourt of Appeals for the Fifth Circuit · 1963
  3. United States v. Thomas Joseph Chiantese and John Joseph CerrellaCourt of Appeals for the Fifth Circuit · 1977
  4. I. C. Turner and E. v. Turner v. United StatesCourt of Appeals for the Fourth Circuit · 1955
  5. Harry H. Blumberg v. United StatesCourt of Appeals for the Fifth Circuit · 1955

15 more not listed; retrieve them via the Exa API.

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