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UNITED STATES v. WYNSHAW

No. 597, Docket 82-6217.

697 F.2d 85 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. David WYNSHAW, Frances Wynshaw, Defendants, Frances Wynshaw, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 6, 1983.

Attorney(s) appearing for the Case

Warren D. Wynshaw, Stern & Wynshaw, New York City, for defendant-appellant.

Thomas D. Warren, William J. Brennan, Asst. U.S. Attys., S.D.N.Y., New York City (John S. Martin, Jr., U.S. Atty., S.D.N.Y., David M. Jones, Thomas D. Warren, Asst. U.S. Attys., New York City, of counsel), for plaintiff-appellee.

Before FRIENDLY, TIMBERS, and WINTER, Circuit Judges.

PER CURIAM:

In October 1973, a joint tax return for the year 1972, purportedly signed by David and Frances Wynshaw, was filed with the Internal Revenue Service. ("I.R.S."). That return showed a tax liability for the couple of $10,368.65;1 however, no payment was enclosed. On January 7, 1974, the I.R.S. assessed the unpaid balance jointly against the taxpayers.

On October 14, 1976, the I...

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