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MACKEY v. UNITED STATES

No. 36.

401 U.S. 667 (1971)

91 S.Ct. 1160

28 L.Ed.2d 404

MACKEY v. UNITED STATES.

Supreme Court of United States.

Decided April 5, 1971

Attorney(s) appearing for the Case

William M. Ward argued the cause and filed briefs for petitioner.

Matthew J. Zinn argued the cause for the United States. With him on the brief were Solicitor General Griswold, Assistant Attorney General Wilson, Francis X. Beytagh, Jr., Beatrice Rosenberg, and Mervyn Hamburg.

MR. JUSTICE WHITE announced the judgment of the Court and an opinion in which THE CHIEF JUSTICE, MR. JUSTICE STEWART, and MR. JUSTICE BLACKMUN join.

An indictment was returned in March 1963 charging petitioner Fred T. Mackey in five counts of evading payment of income taxes by willfully preparing and causing to be prepared false and fraudulent tax returns for the years 1956 through 1960, in violation of 26 U. S. C. § 7201. On January 21, 1964, a jury in the District...

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