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UNITED STATES v. HERSHENSON

131 F.Supp. 782 (1955)

UNITED STATES of America, Plaintiff, v. Abraham S. HERSHENSON, Defendant.

United States District Court S. D. New York.

April 6, 1955.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty., New York City (William Esbitt, New York City, of counsel), for plaintiff.

Corcoran & Kostelanetz, New York City (Boris Kostelanetz, New York City, of counsel), for defendant.

THOMAS F. MURPHY, District Judge.

This is a motion to dismiss an indictment on the ground of time limitation. The indictment charges defendant with filing a fraudulent income tax return in violation of § 145(b) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 145 (b), on or about October 9, 1946. The indictment was found on September 3, 1954. The applicable time limitation for such indictments is six years, § 3748(a) of the Internal Revenue Code...

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