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U.S. v. BURDETT

No. 1271, Docket 91-1662.

962 F.2d 228 (1992)

UNITED STATES of America, Appellee, v. Warren J. BURDETT, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 29, 1992.

Attorney(s) appearing for the Case

Mark B. Gombiner, The Legal Aid Soc., Federal Defender Services Appeals Unit, New York City, for defendant-appellant.

Karen M. Quesnel, Washington, D.C. (James A. Bruton, Acting Asst. Atty. Gen., Robert E. Lindsay, Alan Hechtkopf, Gail Brodfuehrer, Attorneys, Tax Div., Dept. of Justice, Washington, D.C., Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for appellee.

Before: FEINBERG, WINTER and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

Warren Burdett, a Long Island electrician, did not file federal income tax returns or pay federal income taxes for the years 1984 through 1987. As a result, he was convicted by a jury for willfully attempting to evade federal income taxes, in violation of 26 U.S.C. § 7201 (1988).

At his trial, Burdett testified that he had earned at least $38,000 during each of the years in question. He conceded that he had neither paid federal...

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