# Leonard L. Bursten v. United States

> Court of Appeals for the Fifth Circuit · May 27, 1968 · 395 F.2d 976

URL: https://www.frixlaw.com/law-library/cases/9453698

## Case

- **Full name:** Leonard L. BURSTEN, Appellant, v. UNITED STATES of America, Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** May 27, 1968
- **Citations:** 395 F.2d 976; 3 A.L.R. Fed. 644; 21 A.F.T.R.2d (RIA) 1403; 1968 U.S. App. LEXIS 6775
- **Precedential status:** Published
- **Opinion:** Concurrence by Simpson
- **Judges:** Coleman, Simpson, Dawkins
- **Cited by:** 99 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9453698

## Opinion text

SIMPSON, Circuit Judge
(concurring specially):
I concur in the result, on the basis of the matters discussed in Part III of the opinion, even though a number of the prejudicial remarks of the trial court were elicited by the conduct of defense counsel.
I disagree with Part II of the opinion. The requested instruction was deficient in at least two respects: (1) it speaks in terms of the defendant discussing the matter with tax counsel, rather than in terms of a full disclosure to such counsel, and (2) the necessary element of reliance upon counsel’s advice is omitted. Under these circumstances, I am not persuaded that it was error to refuse the charge or to fail to edit it and give it in amended form.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9453698. Public record. Not legal advice.