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| Monk v. Toyota Motor Sales U.S.A., Inc., No. 05-3072,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 9, 2007, Filed
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| Payne v. Comm'r, No. 06-1212,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 9, 2007, Filed
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Overview: Taxpayers bore the burden of proving that the IRS's determination of taxable income was arbitrary or erroneous. The U.S. Tax Court did not clearly err in upholding the IRS's use of the more complete sales journal to reconstruct income. It did not clearly err in upholding the fraud penalties where evidence supported finding of fraudulent intent.
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| United States v. Ruff, No. 06-1616,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 9, 2007, Filed
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Overview: District court order denying recusal was proper because an average observer who was aware of district court's hiring of assistant prosecutor as a law clerk would not reasonably question impartiality; a separate order rejecting a defense challenge to forfeiture based on 21 U.S.C.S. § 881(e)(3) was also upheld as statute gave no rights to defendant.
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| United States v. Vazquez-Garcia, No. 06-1109,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 9, 2007, Filed
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Overview: Motion for 28 U.S.C.S. § 2255 relief based on ineffective assistance was properly denied because, absent independent evidence as to what witness would have said, a prisoner failed to make substantial showing that, but for counsel's failure to interview the witness, there was reasonable probability that the trial's result would have been different.
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