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UNITED STATES v. DAY

Nos. 84-5797, 84-5803, 84-5872 and 84-5888.

789 F.2d 1217 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Delmer E. DAY (84-5797, 84-5872), Johnny A. Pack (84-5803, 84-5888), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 5, 1986.

Attorney(s) appearing for the Case

John W. Gill, U.S. Atty., Knoxville, Tenn., Robert E. Simpson, Glenn L. Archer, Jr. (Lead), Asst. Atty. Gen.-Tax Div., Michael L. Paup, Chief, Appellant Section, Dept. of Justice, Washington, D.C., David A. Brown, Donald Searles, argued, for plaintiff-appellee.

Cecil D. Meek, Jr., argued, Haynes, Meek, Summers, Mabry, Knoxville, Tenn., for Delmer E. Day.

K. Karl Spalvins, Knoxville, Tenn., Leah J. Prewitt, for Johnny A. Pack.

Before KENNEDY and KRUPANSKY, Circuit Judges and SUHRHEINRICH, District Judge.

KRUPANSKY, Circuit Judge.

Defendants-appellants Delmer E. Day (Day) and Johnny A. Pack (Pack) appealed their jury convictions for preparing false income tax returns in violation of 26 U.S.C. §§ 7206(1) and 7206(2).1

In substance, Clarence M. Moore (Moore) was charged with willfully preparing and subscribing his own false individual tax returns and willfully aiding and assisting in the preparation of false partnership...

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