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AUTREY v. U.S.

No. 87-8916.

889 F.2d 973 (1989)

D. Robert AUTREY, Jr., an individual, et al., Plaintiffs-Appellees, Cross-Appellants, v. UNITED STATES of America, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 6, 1989.

Attorney(s) appearing for the Case

Gary R. Allen, Acting Chief, Appellate Section, Tax Div., Dept. of Justice, William S. Rose, Jr., Asst. Attorney General, Jonathan S. Cohen, Joan I. Oppenheimer, Asst. Attys. Gen., Washington, D.C., for defendant-appellant, cross-appellee.

Jerry B. Blackstock, Powell, Goldstein, Frazer & Murphy, James W. Hawkins, William M. Ragland, Jr., Atlanta, Ga., for plaintiffs-appellees, cross-appellants.

Before KRAVITCH and CLARK, Circuit Judges, and HENDERSON, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

Appellees-cross-appellants brought suit challenging penalties the Internal Revenue Service had assessed under Internal Revenue Code sections 6700, 6701, and 6694 for promoting abusive tax shelters and aiding and abetting understatement of tax liability.1 A jury found in favor of appellees and the government appeals, citing as error certain of the district court's jury instructions. Appellees cross-appeal from a...

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