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UNITED STATES v. GIACALONE

No. 77-5074.

574 F.2d 328 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony J. GIACALONE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 7, 1978.

Rehearing and Rehearing Denied May 19, 1978.

Attorney(s) appearing for the Case

Joseph F. Dillon, Raymond, Fletcher, Dillon & Titcomb, Detroit, Mich., for defendant-appellant.

James K. Robinson, U. S. Atty., Geoffrey A. Anderson and Richard E. Zuckerman, U. S. Dept. of Justice, Detroit, Mich., for plaintiff-appellee.

Before LIVELY, ENGEL and MERRITT, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 19, 1978.

LIVELY, Circuit Judge.

The defendant appeals his jury conviction for income tax evasion. The indictment charged violation of 26 U.S.C. § 72011 with respect to taxes due for the years 1968, 1969, 1970 and 1971. The jury returned guilty verdicts for the first three years but found the defendant not guilty with respect to 1971.

The defendant filed joint income tax returns...

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