In US v. Kottwitz, No. 08-13740, the court affirmed in part defendants’ convictions for tax fraud-related charges, holding that the circumstantial evidence was sufficient for the jury to have concluded beyond a reasonable doubt that defendants entered into the charged conspiracy.  However, the court vacated the convictions in part on the grounds that 1) the district court erred in refusing to give defendants’ requested special instruction to the jury on their good faith reliance on their accountant’s advice; and 2) the evidence was insufficient for a properly instructed jury to convict on the charge of aiding and assisting in the filing of a materially false corporate tax return.

Related Resources

  • Full Text of US v. Kottwitz, No. 08-13740

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