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Tax Loss Calculation

By: Derek Hawkins//August 26, 2015//

Tax Loss Calculation

By: Derek Hawkins//August 26, 2015//

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Criminal

7th Circuit Court of Appeals

Officials: FLAUM, WILLIAMS and HAMILTON, Circuit Judges

Tax Loss Calculation

No. 13-3908 United States of America v. Rex Black

District Court improperly calculated appellant tax loss resulting in improper sentence

“The general rule is that the tax loss calculation “does not include interest or penalties.” U.S.S.G. § 2T1.1 cmt. n.1. There is a narrow exception to this general rule for willful evasion cases under 26 U.S.C. § 7201 and willful failure to pay cases under 26 U.S.C. § 7203. Id. Black’s case does not fall within this exception. The jury did not convict him of any offense under § 7201 or § 7203.”

Vacated and Remanded

HAMILTON, Circuit Judge, concurring

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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