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BALLARD v. C.I.R.

Nos. 01-17249, 01-17251, 01-17253, 01-17255, 01-17256 and 01-17257.

429 F.3d 1026 (2005)

Claude M. BALLARD, Mary B. Ballard, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 2, 2005.

Attorney(s) appearing for the Case

Robert Edwin Davis, Vester T. Hughes, Jr., Hughes & Luce, L.L.P., David J. Schenck, Jones Day, Dallas, TX, Steven Spencer Brown, Royal B. Martin, Jr., Martin, Brown & Sullivan, Ltd., Chicago, IL, for Appellants.

Joan I. Oppenheimer, Steven Parks, Kenneth L. Greene, Dept. of Justice, App. Tax Div., Washington, DC, for Appellees.

Before HULL, FAY and GIBSON, Circuit Judges.

PER CURIAM:

In this tax fraud case the Tax Court ruled that taxpayers fraudulently failed to declare and pay income tax on approximately $3,200,000. We affirmed. Ballard v. Comm'r of Internal Revenue, 321 F.3d 1037 (11th Cir.2003). The Supreme Court granted Certiorari and reversed. Ballard v. Comm'r of Internal Revenue, ___ U.S. ___, 125 S.Ct. 1270, 161 L.Ed.2d 227 (2005). Following the Supreme Court's

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