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UNITED STATES v. HOLECEK

No. 83-2455.

739 F.2d 331 (1984)

UNITED STATES of America, Appellee, v. Carl HOLECEK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 13, 1984.

Rehearing and Rehearing Denied August 7, 1984.

Attorney(s) appearing for the Case

Ronald D. Lahners, U.S. Atty., Robert F. Kokrda, Asst. U.S. Atty., D.Neb., for appellee.

Steven E. Achelpohl, Schumacher & Gilroy, Omaha, Neb., for appellant.

Before BRIGHT, Circuit Judge, SWYGERT, Senior Circuit Judge, and BOWMAN, Circuit Judge.

Rehearing and Rehearing En Banc Denied August 7, 1984.

BOWMAN, Circuit Judge.

Carl Holecek was found guilty of violating 26 U.S.C. § 7206(2) which provides for criminal sanctions against one who:

Willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under, or in connection with any matter arising under, the internal revenue laws, of a return, affidavit, claim, or other document, which is fraudulent or...

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