Legal Opinion

United States v. Herbert Gurtner

Court of Appeals for the Ninth Circuit

Decided February 5, 1973No. 72-2167PublishedCited by 53 opinions

1Opinion of the Court

CHOY, Circuit Judge:

Gurtner appeals his conviction by a jury for the wilful failure to file federal income tax returns (26 U.S.C. § 7203) for the calendar years 1964 and 1965. We affirm.

Gurtner raises two issues on appeal. The first is that the trial court should have stricken the testimony of John Foulk, a private accountant whom Gurt-ner consulted in April, 1967, because his conversations with Foulk were privileged attorney-client communication. We reject this contention because Gurt-ner has not proven that an attorney-client relationship existed and even if this testimony were privileged,…

2Cases cited12 opinions

  1. United States v. Louis KovelCourt of Appeals for the Second Circuit · 1961
  2. Olender v. United StatesCourt of Appeals for the Ninth Circuit · 1954
  3. United States v. Harold JudsonCourt of Appeals for the Ninth Circuit · 1963
  4. William Merle Canaday v. United StatesCourt of Appeals for the Eighth Circuit · 1966
  5. Frank Leslie Holden v. United StatesCourt of Appeals for the First Circuit · 1968

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3Cited by53 opinions

  1. United States v. RicheyCourt of Appeals for the Ninth Circuit · 2011
  2. United States of America and William C. McCormick Special Agent, Irs v. J. Martin LawlessCourt of Appeals for the Seventh Circuit · 1983
  3. In the Matter of Elaine B. Fischel, Contemner-Appellant. United States of America v. Harry MargolisCourt of Appeals for the Ninth Circuit · 1977
  4. Cavallaro v. United StatesCourt of Appeals for the First Circuit · 2002
  5. In Re Grand Jury Investigation. Appeal of Glen J. Schroeder, JrCourt of Appeals for the Eleventh Circuit · 1987

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

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