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UNITED STATES v. RUSSELL

Nos. 86-3013, 86-3014 and 86-3015.

804 F.2d 571 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. James C. RUSSELL, Earhl R. Schooff, and Lawrence M. Richey, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 18, 1986.

Attorney(s) appearing for the Case

Donald W. Searles, Atty., Roger M. Olsen, Michael L. Paup, Robert E. Lindsay, Deborah W. Dawson, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Thomas Bothwell, Bothwell & Lorello, Christopher S. Tait, Yakima, Wash., Joseph Nappi, Jr., Brian T. Butler, Spokane, Wash., for defendants-appellees.

Before FLETCHER, FERGUSON, and REINHARDT, Circuit Judges.

FLETCHER, Circuit Judge:

Plaintiff United States appeals the district court's dismissal of 12 counts of a 28-count indictment. The district court held that the defendants lacked fair notice of the illegality of the tax avoidance schemes they developed and promoted, and that they accordingly could not have willfully violated the statute. We reverse and remand for trial.

BACKGROUND

Frank Forrester developed tax shelter programs designed to reduce taxpayers...

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