U.S. v. TOWNSEND

No. 93-2463.

31 F.3d 262 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. David J. TOWNSEND, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 25, 1994.


Attorney(s) appearing for the Case

H. Michael Sokolow, Asst. Federal Public Defender, Roland E. Dahlin, Federal Public Defender, Houston, TX, for appellant.

Paula C. Offenhauser, Asst. U.S. Atty., Lawrence Finder, U.S. Atty., Houston, TX, Karen M. Quesnel, Robert E. Lindsay, Chief, Alan Hechtkopf and Gail Brodfuehrer, Crim. Appeals & Tax Enforcement Policy Section, Tax Div., Dept. of Justice, Washington, DC, for appellee.

Before REYNALDO G. GARZA, SMITH and PARKER, Circuit Judges.


REYNALDO G. GARZA, Circuit Judge:

Defendant was convicted under I.R.C. § 7201 for evasion of excise tax. The district court found a tax deficiency, affirmative acts constituting tax evasion, and that defendant acted willfully. For the reasons discussed below we affirm.

I. Introduction

This case involves the use of a fraudulent Form 637 in an attempt to circumvent federally imposed excise tax. In 1987 federal law imposed an excise tax of nine...

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