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EICHER v. UNITED STATES

No. 84-1892.

774 F.2d 27 (1985)

James T. EICHER, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 9, 1985.

Attorney(s) appearing for the Case

James T. Eicher, on brief pro se.

Glenn L. Archer, Jr., Asst. Atty. Gen., Washington, D.C., William F. Weld, U.S. Atty., Boston, Mass., Michael L. Paup, Carleton D. Powell and Steven I. Frahm, Attys., Tax Div., Dept. of Justice, Washington, D.C., on brief for appellee.

Before CAMPBELL, Chief Judge, and BREYER and TORRUELLA, Circuit Judges.

PER CURIAM.

Plaintiff-appellant James Eicher filed IRS Forms 1040A for the years 1981 and 1982 which provided no information except his name, address, social security number, and filing status. He placed an asterisk on each line calling for other information and attached the following footnote to the return:

"Due to the fact as stated that anything I state on this form may be used against me in a `DUE PROCESS COURT OF LAW.' I am claiming my Fifth Amendment...

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