Archives Aug. 6, 2016

Tax Preparer Argued Court's Sentence Did Not Adequately Consider Her advanced Age

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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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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