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UNITED STATES v. BALLARD

No. 75-1682.

535 F.2d 400 (1976)

UNITED STATES of America, Appellee, v. Jack BALLARD, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 28, 1976.

Rehearing and Rehearing Denied June 2, 1976.

Attorney(s) appearing for the Case

Irl Baris, St. Louis, Mo., for appellant; Kenneth H. Graeber, St. Louis, Mo., on brief.

Daniel F. Ross, Atty., Tax Div., Dept. of Justice, Washington, D. C., for appellee; Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews and Robert E. Lindsay, Attys., Washington, D. C. and Donald J. Stohr, U. S. Atty., St. Louis, Mo., on brief.

Before BRIGHT, STEPHENSON and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 2, 1976.

BRIGHT, Circuit Judge.

A two-count indictment charged appellant Jack Ballard with willfully making and subscribing false income tax returns for calendar years 1969 (count I) and 1970 (count II), in violation of § 7206(1) of the Internal Revenue Code of 1954, 26 U.S.C. § 7206(1).1 Count I of the indictment alleged that for 1969...

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