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UNITED STATES v. TIBBETTS

No. 80-1911 Summary Calendar.

646 F.2d 193 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Austin B. TIBBETTS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

May 28, 1981.

Attorney(s) appearing for the Case

Law Offices of Thomas W. Kendrick, Amarillo, Tex., for defendant-appellant.

LeRoy M. Jahn, Asst. U. S. Atty., San Antonio, Tex., William C. Bryson, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before BROWN, AINSWORTH and GARZA, Circuit Judges.

PER CURIAM:

The appellant, Dr. Austin B. Tibbetts, a licensed physician, filed tax returns with the Internal Revenue Service for 1974, 1975, and 1976, withholding financial information which precluded the calculation of his tax liability. Tibbetts withheld the information on the basis of his Fifth Amendment right against self incrimination. Tibbetts was indicted on three counts of failing to file a tax return in violation of 26 U.S.C. § 7203 and three counts...

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