Archives Aug. 6, 2016

Taxpayer Pled Guilty But Appealed His Sentence, U.S. v. TANAKA, (Haw. Ct. App.) 2010 U.S. App. LEXIS 13961

Taxpayer pleaderd guilty to aiding and abetting the preparation of false tax returns. He was sentenced to 15 months. Taxpayer appealed.

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Taxpayer Challenged The Sufficiency o the Evidence Supporting His Convictions, U. S. v. KRUSE, 606 F.3d 404 (7th Cir. 2010)

Taxpayer was convicted following trial. He appealed alleging that there was insufficient evidence to support his convictions.

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Tax Return Preparer Argued Court's Sentence Did Not Adquately Consider Her advanced Age, U.S. v. WASHINGTON, U.S. App. LEXIS 14303 (7th Cir. 2010)

Taxpayer was found guilty after trial of 17 counts of wire fraud and 7 counts of filing false claims. After being sentenced the taxpayer appealed arguing that the court had not given enough consideration to her advanced age. The sentence and convictions were upheld.

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Defendant Appealed Convictions of Mail Fraud, Wire Fraud, and Tax Fraud Alleging Improper Joinder, U.S. v. Midkiff, U.S. App. LEXIS 14572 (8th Cir. 2010)

Taxpayer was convicted of mail fraud and wire fraud as well as tax fraud. Taxpayer appealed on the basis that his motion for severance of counts had been denied.

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Motion in Limine to Prevent the Government from Introducing that Defendant Spent Funds on Mistress was Granted, U.S. v. Young, U.S. Dt. Lexis 34067 (Dist. MA. 2010)

Government argued that the use of funds was intrinsic to the crimes charged and should be admitted into evidence. The court granted defendant's motion in limine to prevent the government from introducing evidence that a portion of the funds was spent on defendant's mistress.

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Taxpayer Appealed Arguing That there Was No Factual Basis to Support HIs Guilty Pleas, U.S. v. Parker, U.S. App. LEXIS 7358 (5th Cir. April 2010)

Taxpayer entered a plea agreement and pleaded guilty to conspiracy, wire fraud, money laundering and tax fraud. After being sentenced to 10 years, taxpayer appealed stating that there was no factual basis to support the guilty plea for conspiracy, wire fraud, and money laundering. The court found that the taxpayer benefited from the appeal and upheld the guilty pleas.

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Taxpayer's Argument That the Indictment was Duplicitous Was Rejected, U.S. v. Greene, U.S. Dt. Lexis 32403 (N.D. OK. 2010)

Taxpayer was convicted of tax evasion and filing a false tax return. The taxpayer appealed claiming that the indictment was duplicitous because it alleged the two types of tax violations. The taxpayer also argued that his lawyer provided effective assistance.

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Unusually large insurance deductions Lead to Tax Fraud Conspiracy Convictions, U.S. v. Rozin, U.S. Dt. Lexis 38739 (S.D. OH. 2010)

Taxpayers were investigated because the government expected that they had received kickbacks. Ultimately the taxpayers were indicted for conspiracy to impede the IRS based upon an insurance scheme.

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