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BICKHAM LINCOLN-MERCURY INC. v. U.S.

No. 97-31038.

168 F.3d 790 (1999)

BICKHAM LINCOLN-MERCURY INCORPORATED, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 4, 1999.

Attorney(s) appearing for the Case

Allan L. Durand, Perrin, Landry, deLaunay & Durand, Lafayette, LA, for Plaintiff-Appellant.

Robert W. Metzler, Texas Div., Charles E. Brookhart, U.S. Dept. of Justice, Washington, DC, for Defendant-Appellee.

Before DeMOSS, PARKER and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Bickham Lincoln-Mercury, Inc. (Bickham) was prosecuted for failure to file Form 8300 with the Internal Revenue Service following two transactions involving the receipt of more than $10,000. As part of a plea agreement, Bickham pleaded guilty and paid a $5,000 criminal fine and the government agreed that it would not initiate further prosecutions against Bickham. Approximately a year later, the government imposed a civil penalty of $27,000 based...

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