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UNITED STATES v. BENDER

No. 79-1116.

606 F.2d 897 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Dale G. BENDER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 19, 1979.

Attorney(s) appearing for the Case

Frank J. Susak, Portland, Or., for defendant-appellant.

George L. Hastings, Jr., Washington, D. C., argued, for plaintiff-appellee; M. Carr Ferguson, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., on brief.

Before ELY and HUFSTEDLER, Circuit Judges, and TAYLOR, District Judge.

PER CURIAM:

Bender appeals from his conviction for violating 26 U.S.C. § 7206(1) by reason of his willfully omitting specific items of taxable income from his returns for the years 1972, 1973, and 1974. Bender was indicted on four counts of attempted tax evasion for the years 1971 to 1974, inclusive, in alleged violation of 26 U.S.C. § 7201. The district court acquitted him of the section 7201 charges. The Government argued, successfully below, that Bender...

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