Legal Opinion

Donald K. Baines v. United States

Court of Appeals for the Fifth Circuit

Decided May 13, 1970No. 26163_1PublishedCited by 24 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

Donald K. Baines, defendant-appellant, appeals from his conviction by a jury for willfully evading the payment of the federal cabaret sales excise tax imposed by 26 U.S.C. § 4231(6) of the 1954 Code. 1 This is the first and only case in which a taxpayer has ever been tried criminally for the offense of failing to pay the federal cabaret excise tax. 2 The trial took place in 1968, three years after the statute imposing the cabaret tax was repealed. 3

The taxpayer and his wife, Wilma Jean Baines, were charged in an eight- count indictment with willfully attempting to evade…

2Cases cited18 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Johnson v. New JerseySupreme Court of the United States · 1966
  3. Holland v. United StatesSupreme Court of the United States · 1955
  4. Weiler v. United StatesSupreme Court of the United States · 1945
  5. Weiss v. United StatesCourt of Appeals for the Fifth Circuit · 1941

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3Cited by24 opinions

  1. Gordon v. United StatesCourt of Appeals for the Fifth Circuit · 1971
  2. United States v. LewisCourt of Appeals for the Eighth Circuit · 1985
  3. United States v. James Norton, United States of America v. Paul Fosco, James Pinckard, Paul A. Di Franco, James Norton, DefendantsCourt of Appeals for the Eleventh Circuit · 1989
  4. Anne Needham v. White Laboratories, Inc.Court of Appeals for the Seventh Circuit · 1981
  5. United States v. Joe Raymond Diez and Peter A. PaloriCourt of Appeals for the Fifth Circuit · 1975

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

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