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UNITED STATES v. DWOSKIN

No. 80-5140.

644 F.2d 418 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Steven DWOSKIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B.

Rehearing Denied June 18, 1981.

Attorney(s) appearing for the Case

E. David Rosen, Miami, Fla., for defendant-appellant.

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Chief, Appellate Section, George L. Hastings, Jr., Robert E. Lindsay, Tax Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before HILL, KRAVITCH and HATCHETT, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Stephen Dwoskin appeals from a jury conviction for two counts of income tax evasion for the years 1972 and 1973. 26 U.S.C. § 7201. Evidence produced at trial showed that the appellant's taxable income in 1972 was $75,843.46 as opposed to the $12,728.12 he reported. In 1973 appellant's income was $44,809.50, in contrast to the $5,674.00 he reported. Record, Vol. V, at 595-596. Affording appellant the benefit of income averaging, the...

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