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   Federal Courts - 3rd Circuit Court of Appeals - March 28, 2006

  
Barzeski v. Comm'r, NO. 05-4012, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 28, 2006, Filed
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Overview: Taxpayer's petition of a notice of deficiency that was issued after he failed to file income tax returns for three years was properly dismissed by the U.S. Tax Court because the taxpayer failed to advance any legitimate claims to undermine the deficiency notice. Instead, he merely stated frivolous arguments protesting the imposition of income tax.

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Barzeski v. Comm'r, NO. 05-4013, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 28, 2006, Filed
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Overview: The United States Tax Court properly dismissed a taxpayer's petition challenging a deficiency notice that assessed the taxpayer for failing to file income tax returns for three years because the taxpayer's arguments were simply frivolous and groundless protests against the imposition of income tax on the whole.

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Crawford v. Beard, No. 05-1274, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 28, 2006, Opinion Filed
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Farag v. AG of the United States, No. 05-1914, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 28, 2006, Filed
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Overview: Substantial evidence supported the BIA's denial of an alien's application for deferral of removal to Egypt because the alien did not show that it was more likely than not that he would be tortured by authorities if he returned to Egypt. Moreover, evidence showed that criminal deportees were not subject to detention upon their removal to Egypt.

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Prawira v. AG of the United States, No. 05-2559, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 28, 2006, Opinion Filed
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Overview: Where some of the incidents of which an alien complained had occurred when he was a child, over 50 years ago, and the more recent incidents he described were isolated and were not severe enough to constitute persecution, his petition for review was denied, and the BIA's decision was affirmed under 8 U.S.C.S. § 1252(b)(4)(B).

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United States v. Tupone, Case No: 04-2832, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 28, 2006, Filed
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Overview: District court erred in its guidelines application by assuming the loss in a case where defendant falsely obtained benefits in violation of 18 U.S.C.S. § 1920 was the entire amount of benefits, when it should have been the difference between the amount actually obtained and the amount that would have been received but for the falsity.

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Woodlen v. Jimenez, NO: 05-3143, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 28, 2006, Filed
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Overview: Even assuming appellant's conduct of yelling at officers was not sufficient to justify the use of handcuffs and confinement during an investigatory stop, the appellate court could not conclude that the right to be free from physical restraint under these circumstances was clearly established; officers were properly granted qualified immunity.

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