In Re Vieser

Supreme Court of New Jersey

In Re Vieser

264 A.2d 445, 56 N.J. 60, 1970 N.J. LEXIS 225

CourtSupreme Court of New Jersey

DecidedMay 4, 1970

StatusPublished

Cited by3 cases

This text of 264 A.2d 445 (In Re Vieser) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Vieser, 264 A.2d 445, 56 N.J. 60, 1970 N.J. LEXIS 225 (N.J. 1970).

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Opinion

Pee Ctjeiam.

Respondent was admitted to the bar of this State in 1927. On April 1, 1968 a two count information was filed against him in the United States District Court for the District of New Jersey charging him with failure to file federal income tax returns for the years 1961 and 1962. *61 Thereafter a plea of nolo contendere to the information was accepted and a fine was imposed. Subsequently, after hearing, the Essex County Ethics Committee filed a presentment with this Court “for such disciplinary action as it may deem necessary and proper.”

The record shows that respondent filed income tax returns for all years prior and subsequent to 1961 and 1962. It appears also that upon discovery by the federal authorities of respondent’s failure to file for the two years in question, and their communication with him respecting the delinquency, he paid the taxes and interest assessments for both years. The sums involved were not substantial. Almost two years thereafter the information was filed against him.

The record reveals a number of ameliorating facts. However, respondent’s failure to file, his pleas and the fine cannot be disregarded. Under the circumstances respondent is suspended from the practice of law for a period of six months and until the further order of this Court.

For 6-month suspension — Chief Justice Weintratjb and Justices Jacobs, Ebancis, Peootoe, -Hall, Sohettino and Haneman — 7.

Opposed — None.

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Pee Ctjeiam.

Respondent was admitted to the bar of this State in 1927. On April 1, 1968 a two count information was filed against him in the United States District Court for the District of New Jersey charging him with failure to file federal income tax returns for the years 1961 and 1962. *61 Thereafter a plea of nolo contendere to the information was accepted and a fine was imposed. Subsequently, after hearing, the Essex County Ethics Committee filed a presentment with this Court “for such disciplinary action as it may deem necessary and proper.”

The record shows that respondent filed income tax returns for all years prior and subsequent to 1961 and 1962. It appears also that upon discovery by the federal authorities of respondent’s failure to file for the two years in question, and their communication with him respecting the delinquency, he paid the taxes and interest assessments for both years. The sums involved were not substantial. Almost two years thereafter the information was filed against him.

The record reveals a number of ameliorating facts. However, respondent’s failure to file, his pleas and the fine cannot be disregarded. Under the circumstances respondent is suspended from the practice of law for a period of six months and until the further order of this Court.

For 6-month suspension — Chief Justice Weintratjb and Justices Jacobs, Ebancis, Peootoe, -Hall, Sohettino and Haneman — 7.

Opposed — None.

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Bluebook (online)

264 A.2d 445, 56 N.J. 60, 1970 N.J. LEXIS 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-vieser-nj-1970.

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