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Segal v. United States

United States Court of Appeals, Eighth Circuit
Mar 15, 1968
391 F.2d 266 (8th Cir. 1968)

Opinion

No. 18540.

March 15, 1968.

Keith D. Kennedy, St. Louis Park, Minn., for appellant and filed brief.

Patrick J. Foley, U.S. Atty., Minneapolis, Minn., for appellee and filed brief.

Before VOGEL, Senior Circuit Judge; BLACKMUN and LAY, Circuit Judges.


The appellant was convicted of willfully failing to pay the $50 occupational tax imposed on persons engaged in the business of accepting wagers, which failure violated 26 U.S.C.A. § 4411 and is made punishable by 26 U.S.C.A. § 7203. In view of the recent Supreme Court decisions in Marchetti v. United States, January 29, 1968, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889, and Grosso v. United States, January 29, 1968, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed.2d 902, and following our application of those cases in Harris v. United States, 8 Cir., 390 F.2d 616, the judgment of conviction here cannot stand and is reversed in its entirety.


Summaries of

Segal v. United States

United States Court of Appeals, Eighth Circuit
Mar 15, 1968
391 F.2d 266 (8th Cir. 1968)
Case details for

Segal v. United States

Case Details

Full title:Jack SEGAL, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Eighth Circuit

Date published: Mar 15, 1968

Citations

391 F.2d 266 (8th Cir. 1968)

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