UNITED STATES v. SPAAR

No. 83-2718.

748 F.2d 1249 (1984)

UNITED STATES of America, Appellee, v. Raymond Lester SPAAR, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 15, 1984.


Attorney(s) appearing for the Case

Daniel R. Moen, Aberdeen, S.D., for appellant.

Raymond P. Murley, Sioux Falls, S.D., for appellee.

Before ARNOLD, FAGG and BOWMAN, Circuit Judges.


BOWMAN, Circuit Judge.

In February 1981, Raylene Preszler filed for an income tax refund. In May 1981, Raymond Spaar and Preszler began living together in her apartment. During the course of their relationship, only Preszler was employed.

On or about May 22, 1981 the Internal Revenue Service (IRS) mailed Preszler a Treasury check in the amount of $358.47 as a tax refund. Preszler never received the check. In response to Preszler's inquiries, the IRS informed...

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