U.S. v. ROONEY

No. 321, Docket 88-1250.

866 F.2d 28 (1989)

UNITED STATES of America, Appellee, v. Patrick ROONEY, Appellant.

United States Court of Appeals, Second Circuit.

Decided January 10, 1989.


Attorney(s) appearing for the Case

Judd Burstein, New York City (Michael R. Gavenchak, Ruth M. Liebesman, Ilisa T. Fleischer, Law Student, of counsel), for appellant.

Baruch Weiss, Asst. U.S. Atty. (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Celia Goldwag Barenholtz, Asst. U.S. Atty., of counsel), for appellee.

Before OAKES and NEWMAN, Circuit Judges, and MUKASEY, District Judge.


OAKES, Circuit Judge:

This case involves a tawdry, though profitable, tax fraud scheme involving gifts to charity. The charity accepted checks from "contributors" and returned to them cash equal to 90% of the face amount of each check. The contributors then claimed a charitable deduction for the full amount of the check, and the charity kept its 10% cut. The charity profited by 10% of the face amount of the gifts, and the contributors profited by taking unlawful tax...

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