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 | | The jurisdiction of this Court is invoked under 28 U.S.C. Whether petitioner's conviction for attempted tax evasion, which was based in part on his filing of false employee withholding allowance certificates, was foreclosed by the misdemeanor provision specifically addressed to the filing of false withholding information. |
 | | A1-A2), established that petitioner sought to evade taxes by, inter alia, supplying false and fraudulent employee withholding allowance certificates to his employer, failing to file tax returns, and failing to pay taxes that were due and owing. |
 | | The elements of willfully attempting to evade or defeat a tax are (1) the existence of a tax deficiency, (2) an affirmative act constituting an evasion or attempted evasion of the tax, and (3) willfulness. |
| www.usdoj.gov /osg/briefs/1986/sg860402.txt (2234 words) |
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