UNITED STATES v. TERRELL

No. 84-1366.

754 F.2d 1139 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. David H. TERRELL, a/k/a Daniel H. Ford, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 14, 1985.


Attorney(s) appearing for the Case

Charles J. Muller, III, San Antonio, Tex., Harvey G. Sanders, Jr., Greenville, S.C., for defendant-appellant.

Edward C. Prado, U.S. Atty., Sidney Powell, Jack O'Donnell, Asst. U.S. Attys., San Antonio, Tex., Michael L. Paup, Chief, Glenn L. Archer, Jr., Kent S. Robinson, Robert E. Lindsay, Appellate Sect., Tax Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before GOLDBERG, POLITZ and WILLIAMS, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

David H. Terrell appeals from his conviction by jury on four counts of willfully attempting to evade federal income taxes for the years 1976 through 1979, in violation of 26 U.S.C. § 7201. The proof showed that appellant's taxable income during those years totaled in excess of $439,000, while he reported only $217,000. Appellant alleges, inter alia, that the government failed to establish a prima facie case as to...

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