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UNITED STATES v. CRUM

No. 74-3023.

529 F.2d 1380 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis G. CRUM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 20, 1976.

Attorney(s) appearing for the Case

James R. Luppino (argued), Fresno, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Eric A. Nobles, Asst. U. S. Atty., Chief, Crim. Div., Stephen V. Wilson, Asst. U. S. Atty., Chief, Fraud and Special Prosecutions Div., Los Angeles, Cal., Steven D. Rathfon, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellee.

Before WRIGHT, KILKENNY and TRASK, Circuit Judges.

OPINION

WRIGHT, Circuit Judge:

Crum was convicted on four counts of aiding and assisting in the preparation of false income tax returns [26 U.S.C. § 7206(2)] and on this appeal argues that (a) the indictment is infirm because Section 7206(2) is inapplicable to those not preparers of tax returns, (b) the evidence was insufficient to sustain the verdict, and (c) the defendant was entitled to acquittal as a matter of law because of reliance on advice of...

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