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UNITED STATES v. DALY

No. 83-1310.

756 F.2d 1076 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Jerome DALY, Daniel P. Hulsey, Coston Lee Whatley, Mathus G. Wilson, Jr., Stanley J. Klir, Jr., Wayne R. Chermack, Alfred A. Breath and Gerald S. Ross, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 20, 1985.

Attorney(s) appearing for the Case

Jerome Daly, pro se.

Paul M. Koning (Court-appointed), Dallas, Tex., for Daly.

Wayne R. Chermack, Twin City Airport, Minn., pro se.

Jerry D. Patchen (Court-appointed), Houston, Tex., for Hulsey.

William M. Ravkind (Court-appointed), Dallas, Tex., for Whatley.

Douglas W. Wright (Court-appointed), Fort Worth, Tex., for Wilson.

Michael G. Parham (Court-appointed), Jasper, Ga., for Klir and Ross.

Gerald M. Birnberg (Court-appointed), Houston, Tex., for Breath.

James A. Rolfe, U.S. Atty., Fort Worth, Tex., Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Chief, Robert E. Lindsay, James P. Springer, Deborah W. Dawson, U.S. Dept. of Justice, Tax Div., Washington, D.C., for plaintiff-appellee.

Before THORNBERRY, REAVLEY and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 20, 1985.

REAVLEY, Circuit Judge:

Defendants appeal their convictions of various crimes that resulted from their use of personal churches as a tax avoidance scheme. We affirm.

I. Facts

In 1976, Jerome Daly, a disbarred attorney and convicted tax evader, took control of the Basic Bible Church of America (BBC). The BBC had been established in 1973, and the IRS granted it tax exempt status in 1974 as...

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