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UNITED STATES v. GARBER

No. 78-5024.

589 F.2d 843 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Dorothy R. GARBER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted March 26, 1979.

Attorney(s) appearing for the Case

Samuel S. Forman, Hollywood, Fla., Lawrence R. Metsch, Miami, Fla., for defendant-appellant.

Jack V. Eskenazi, U. S. Atty., Marsha L. Lyons, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

Rehearing En Banc Granted March 26, 1979.

AINSWORTH, Circuit Judge:

This direct criminal appeal involves the novel question of the taxability of income derived from the sale of a person's own blood plasma. Dorothy R. Garber was convicted after a jury trial of one count of a three-count indictment charging income tax evasion in violation of section 7201 of the Internal Revenue Code of 1954, 26 U.S.C. § 7201 (1976),1 and appeals...

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