United States v. William B. Aberson

MOORE, Circuit Judge:

Aberson filed his 1956 income tax return some time in August, 1957, pursuant to a time extension he had requested. In August of 1963, approximately two weeks before the statute of limitations would have operated to bar prosecution, he was indicted for income tax evasion because of income allegedly unreported in the 1956 return.

The case was put on the trial calendar, was thereafter postponed a number of times on the government’s motion and at least once by consent, was then removed from the calendar, and was eventually returned to the calendar on January 5, 1966. In 1963…