Legal Opinion

United States v. Albanese

District Court, S.D. New York

Decided January 14, 1954PublishedCited by 8 opinions

1Opinion of the Court

IRVING R. KAUFMAN, District Judge. _

Defendants move for a dismissal of Counts I and III of an indictment which charges them in four counts with attempting to defeat and evade a large part of the taxes due and owing by them to the United States in violation of Title 26 U.S.C.A. § 145(b).

The ground urged by the defendants for dismissal is that the offenses referred to “are not alleged to have been committed in the Southern District of New York.”

Count I charges that the defendant Philip Albanese willfully attempted to defeat and evade a large part of the income tax due the United States for 1947…

2Cases cited4 opinions

  1. Spies v. United StatesSupreme Court of the United States · 1943
  2. United States v. KelleyCourt of Appeals for the Second Circuit · 1939
  3. Newton v. United StatesCourt of Appeals for the Fourth Circuit · 1947
  4. United States v. NewtonDistrict Court, W.D. Virginia · 1946

3Cited by8 opinions

  1. United States v. StofskyDistrict Court, S.D. New York · 1973
  2. Winston M. Reynolds v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  3. United States v. Philip Albanese and Rosario Albanese, Philip AlbaneseCourt of Appeals for the Second Circuit · 1955
  4. Beaty v. United StatesCourt of Appeals for the Fourth Circuit · 1954
  5. United States v. WarringDistrict Court, D. Maryland · 1954

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