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UNITED STATES v. NESS

No. 80-1530.

652 F.2d 890 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond L. NESS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1981.

Rehearing Denied September 17, 1981.

Attorney(s) appearing for the Case

Morgan C. Taylor, Newport Beach, Cal., for defendant-appellant.

Paul H. Rochmes, Asst. U. S. Atty., Los Angeles, Cal., argued, for plaintiff-appellee; Fredrick M. Flam, Asst. U. S. Atty., Los Angeles, Cal., on brief.

Before NELSON and CANBY, Circuit Judges, and WILKINS, District Judge.

PER CURIAM:

Appellant Ness was charged with willfully filing a false W-4 form, in violation of 26 U.S.C. § 7205. The evidence showed that Ness filed an exempt W-4 claiming, under penalty of perjury, that he had had no income tax liability in the prior year, and expected none for the year in which he filed the W-4. That claim was false. The evidence further showed that Ness renewed his claim for exemption from withholding even after the Internal Revenue Service...

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