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UNITED STATES v. HERMAN

No. 19-50830.

997 F.3d 251 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Michael HERMAN; Cynthia Herman, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed May 6, 2021.

Attorney(s) appearing for the Case

Gregory Victor Davis , Attorney, Yael T. Epstein , Elissa Righter Hart-Mahan , Samuel Robert Lyons, U.S. Department of Justice, Tax Division, Washington, DC, Alexander Patrick Robbins , U.S. Attorney's Office, Central District of California, Los Angeles, CA, for Plaintiff-Appellee.

Kristin L. Davidson , Assistant Federal Public Defender, Maureen Scott Franco , Federal Public Defender, Federal Public Defender's Office, Western District of Texas, for Defendant-Appellant Michael Herman.

Jennifer Sheffield Freel , Vinson & Elkins, L.L.P., Austin, TX, for Defendant Appellant Cynthia Herman.

Before Dennis, Higginson, and Willett, Circuit Judges.

Appellants Michael and Cynthia Herman owned and operated three restaurants in Texas. In early 2013, the Internal Revenue Service initiated an undercover operation to determine whether the Hermans' business tax returns understated gross receipts and whether the Hermans claimed personal expenses as business expenses...

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