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Witnesses Not Listed in the Indictment Were Permitted to Testify Against Defendant

U.S. v. Toto-Ngosso, 2011-1 U.S. Tax Cas. (CCH) P50,155

Defendant was convicted by a jury in the United States District Court for the District of Maryland of willfully aiding and assisting in the preparation and presentation of false income tax returns, in violation of 26 USC 7206 (2 ) . Defendant appealed from his conviction and his 70-month prison sentence.

The Court found that the district court did not abuse its discretion in admitting evidence, under 404(b), in the form of testimony from two witnesses concerning Defendant's preparation of income tax returns not charged in the indictment. Evidence that defendant had prepared several additional returns containing false deductions and adjustments was highly probative on the issue of whether his preparation of the false returns charged in the indictment was done knowingly or without mistake and thus significantly aided the Government in meeting its burden to show that defendant acted willfully.   The conviction was affirmed.

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