Eighth Circuit: United States v. Peter Giambalvo

Tax, Statute of Limitations, FRE

Parenthetical inclusion of offense in statute did not incorporate the statute of limitations for the offense.

Testimony as to impact of tax-avoidance book properly excluded, as subjective reliance of the deft is the sole criterion.

Statements on direct by gov't expert did not open the door to testimony about the general lack of a tax obligation, as the actual amount objectively due is immaterial to the subjective belief in the falsity of a tax filing.

The fact that a zero-income 1040 filing is possibly not a tax return as a matter of law doesn't bar a prosecution for filing a false form.

http://media.ca8.uscourts.gov/opndir/16/01/151136P.pdf