No. 83-1475.

727 F.2d 681 (1984)

UNITED STATES of America, Appellee, v. John M. GRABINSKI, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 2, 1984.

Rehearing and Rehearing Denied March 6, 1984.

Attorney(s) appearing for the Case

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Robert E. Lindsay, James P. Springer, Attys., Tax Div., Dept. of Justice, Washington, D.C., for appellee; James M. Rosenbaum, U.S. Atty., Minneapolis, Minn., of counsel.

MacPherson & McCarville, P.A. by Donald W. MacPherson, Phoenix, Ariz., for appellant.

Before HEANEY and McMILLIAN, Circuit Judges, and HENLEY, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 6, 1984.

HEANEY, Circuit Judge.

John M. Grabinski was convicted on two counts of failure to make federal income tax returns for calendar years 1975 and 1976 in violation of 26 U.S.C. § 7203 (1976). He was sentenced to one year imprisonment plus payment of the costs of prosecution on each count, the sentences to run concurrently. Pursuant to this sentence, the court subsequently awarded the United States $6...

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