185 F2d 407 United States v. A. Augustine
185 F.2d 407
51-1 USTC P 9149
UNITED STATES of America
v.
Andrew A. AUGUSTINE, Appellant.
No. 10203.
United States Court of Appeals, Third Circuit.
Argued Dec. 4, 1950.
Decided Dec. 14, 1950.
Rehearing Granted Feb. 6, 1951.
Louis Mitchell Paul, Philadelphia, Pa. (John M. Smith, Jr., Philadelphia, Pa., on the brief), for appellant.
James C. Bowen, Asst. U. S. Atty., Philadelphia, Pa. (Gerald A. Gleeson, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.
Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.
PER CURIAM.
We are of the opinion that the facts of the case at bar are clearly distinguishable from those of Commissioner of Internal Revenue v. Wilcox, 327 U.S. 404, 66 S.Ct. 546, 90 L.Ed. 752. There was evidence from which the jury was entitled to infer that the money received by the appellant was a dividend.
Such evidence was more than sufficient to sustain the verdict of the jury and the judgment of conviction. Consequently it will be affirmed.