-9- States v. Wickersham, Criminal No. 1:92-CR-98, in the U.S. District Court for the Eastern District of Texas. Count VI of the indictment charged Mr. Wickersham with willfully making and subscribing a U.S. individual income tax return, verified under penalties of perjury and filed with the Internal Revenue Service, which he did not believe to be true and correct in every material matter in that the income tax return failed to report a taxable capital gain of $349,641 realized from the sale of the Peveto to the OCPND, as he then and there well knew and believed that the Peveto had not been involuntarily converted and that taxes were due from any gain so realized from the sale in violation of section 7206(1). After a 6-day trial, the jury found Mr. Wickersham guilty on count VI of the indictment and acquitted Mr. Wickersham and the other defendants (Mr. Winfree and Mr. Frederick) on all other counts. In United States v. Wickersham, 29 F.3d 191 (5th Cir. 1994), the U.S. Court of Appeals for the Fifth Circuit affirmed the conviction. OPINION I. Fraud The penalty in the case of fraud is a civil sanction provided primarily as a safeguard for the protection of the revenue and to reimburse the Government for the heavy expense of investigation and the loss resulting from a taxpayer's fraud.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011