UNITED STATES v. WADE

No. 78-5310 Summary Calendar.

585 F.2d 573 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Robert E. WADE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 4, 1979.


Attorney(s) appearing for the Case

Robert E. Wade, Dallas, Tex., for defendant-appellant.

Kenneth J. Mighell, U. S. Atty., Arnaldo N. Cavazos, Jr., Asst. U. S. Atty., Dallas, Tex., R. H. Wallace, Asst. U. S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.


JAMES C. HILL, Circuit Judge:

The appellant, Robert E. Wade, was convicted on two counts of willfully failing to file income tax returns for the years 1972 and 1973 in violation of 26 U.S.C.A. § 7203. Wade was sentenced to a sixty-day term of imprisonment on the first count and to three years of probation on the second, such sentences to run consecutively. Wade filed no timely return for the 1972 tax year. In 1973, the appellant filed a return simply asserting...

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