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United States v. Paul Singer

UNITED STATES of America, Appellee, v. Paul SINGER, Defendant-Appellant

United States v. Singer, 241 F.2d 717 (2d Cir. 1957)
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Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
March 5, 1957
Docket
Nos. 284, Docket 24410
Judges
Clark, Medina, Per Curiam, Smith
Citations
241 F.2d 717

Opinion — Per Curiam

PER CURIAM.

This is an appeal from concurrent sentences imposed by Judge Bootle on a jury verdict of guilty on three counts of transportation of stolen motor vehicles in interstate commerce. It was conceded that the vehicles were stolen and that they were transported by appellant in interstate commerce. The sole issue, knowledge by appellant that they were stolen, was decided against appellant by the jury.

Appellant claims that admission in evidence of his income tax return was plain error which may be noticed under F.R.Cr.P. Rule 52(b), 18 U.S.C. He makes the claim in spite of a statement by his counsel at the time, of no objection to its admission. He bases the claim on a contention that such use of returns is prohibited by the Internal Revenue Code. We find no error in the admission of the return. The use of the return in such litigation, pursuant to regulation, is contemplated by the statute I.R.C. 1939, Sec. 55(a) (1), 26 U.S.C. § 55 (a) (1), and is sanctioned by Treasury Regulation T.C. 4945, 26 C.F.R. 458.204, continued in effect by the 1954 I.R.C. Sec. 7807, 26 U.S.C. § 7807 . The manner of its use, for the purpose of impeachment, was proper. United States v. Lowe, 3 Cir., 234 F.2d 919 , certiorari denied 352 U.S. 838 , 77 S.Ct. 59 , 1 L.Ed. 2d 56 .

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1961: 11993: 12023: 119612026peak 1961 · 1

Relies on it most ⓘ

  1. Zdenka CHNAPKOVA, Also Known as Denis Chnoupek v. Kong S. KOH, M.D.985 F.2d 79 (2d Cir. 1993)
  2. United States v. Fancher195 F. Supp. 448 (D. Conn. 1961)
  3. Villagran v. La Herradura L L CNo. 2:22-cv-00170 (W.D. La. Sept. 7, 2023)

Most recent

  1. Villagran v. La Herradura L L CNo. 2:22-cv-00170 (W.D. La. Sept. 7, 2023)
  2. Zdenka CHNAPKOVA, Also Known as Denis Chnoupek v. Kong S. KOH, M.D.985 F.2d 79 (2d Cir. 1993)
  3. United States v. Fancher195 F. Supp. 448 (D. Conn. 1961)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United States v. Lowe, 234 F.2d 919 (3d Cir. 1956) 30

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