CARLSON v. U.S.

No. 12-13736.

754 F.3d 1223 (2014)

Frances CARLSON, Plaintiff-Counter Defendant-Appellant, v. UNITED STATES of America, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 13, 2014.


Attorney(s) appearing for the Case

B. Gray Gibbs , B. Gray Gibbs, P.A., Jason P. Burrows , B. Gray Gibbs, P.A., Saint Petersburg, FL, for Plaintiff-Appellant.

Randolph Lyons Hutter , Richard Farber , Richard G. Rose , Curtis Jason Weidler , U.S. Department of Justice, Washington, DC., Robert E. O'Neill , U.S. Attorney's Office, Tampa, FL, for Defendant-Appellee.

Before CARNES, Chief Judge, HULL and COX, Circuit Judges.


COX, Circuit Judge:

In this case, the Plaintiff, Fran Carlson, filed suit to determine her liability for $148,000 in penalties assessed by the Internal Revenue Service ("IRS") for aiding and abetting understatement of tax liability in violation of I.R.C. § 6701. On appeal, Carlson contends that the district court erred by instructing the jury that the Government must prove its case by a preponderance of evidence instead...

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