United States v. Schwartz

WOOD, District Judge.

This is a criminal prosecution for income tax evasion. The Government charges that the defendant willfully attempted to evade payment of his income tax by reporting sums as capital gains which the Government contends were ordinary income. These sums arose out of a series of transactions which will be discussed at length later in this opinion.

The jurisdiction of this Court was invoked under Title 26 U.S.C.A. § 7201, which provides in part as follows:

“Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title * * * shall * * * be guilty…