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UNITED STATES v. MELILLO

No. 64-CR-77.

275 F.Supp. 314 (1967)

UNITED STATES of America, Plaintiff, v. Nicholas MELILLO, Defendant.

United States District Court E. D. New York.

November 1, 1967.

Attorney(s) appearing for the Case

Joseph P. Hoey, U. S. Atty. for E. D. New York, Brooklyn, N. Y., for plaintiff, United States. Michael J. Gillen, Asst. U. S. Atty., of counsel.

Robert S. Kreindler, New York City, for defendant.

OPINION

WEINSTEIN, District Judge.

Charged with wilfully attempting to evade the payment of income taxes (26 U.S.C. § 7201), defendant was tried before a jury. After both sides rested, the Court determined that while a reasonable juror could conclude that it was more probable than not that the defendant had filed his tax returns with knowledge that they were false, such a juror would have a reasonable doubt on this issue. The question posed is whether...

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