Free Other Notice - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona MARY BETH PFISTER Assistant U.S. Attorney Arizona State Bar No.015103 Two Renaissance Square 40 North Central Avenue Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected] JOHN BOYLE Assistant U.S. Attorney Arizona State Bar No. 015640

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America
CR-04-1281-PHX-DGC

Plaintiff, v. Michael Anderson and Gina Anderson, Defendants. GOVERNMENT'S NOTICE OF INTENT TO RELY UPON EVIDENCE PURSUANT TO RULE 702, FEDERAL RULES OF EVIDENCE

The United States, by and through counsel undersigned, hereby provides notice that it intends to introduce certain evidence pursuant to Federal Rules of Evidence, Rule 702, at the trial of this matter. The government intends to call Special Agent Brian Leighton of the Internal Revenue Service ("IRS") to testify regarding the defendants' taxable income during 2000 and 2001. Specifically, Agent Leighton will testify as an expert pursuant to Rule 702 regarding the bank deposits plus expenditures method of calculating income and his use of this method to calculate defendants' taxable income for 2000 and 2001. Agent Leighton's findings based on his investigation already have been provided to defendants. He will testify at trial regarding defendants' taxable income for 2000 and 2001 based on the evidence introduced at trial. His CV will be provided to defendants prior to trial. 1

Case 2:04-cr-01281-DGC

Document 96

Filed 02/22/2006

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The government also intends to call Debbie Carlson of the IRS Small Business/Self-

2 employed section to testify regarding defendant's taxes due and owing for 2000 and 2001. 3 Specifically, Ms. Carlson will testify as an expert pursuant to Rule 702 regarding the IRS 4 method of calculating taxes due an owing and her use of this method to calculate defendant's 5 unpaid taxes for 2000 and 2001. Ms. Carlson's testimony will be based on the evidence 6 presented at trial including Agent Leighton's testimony regarding defendant's taxable income. 7 A preliminary calculation of defendant's taxes due and owing for 2000 and 2001 already has 8 been provided to defendants. Ms. Carlson's CV will be provided to defendants prior to trial. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 S/ Mary Beth Pfister MARY BETH PFISTER Assistant U.S. Attorney Respectfully submitted this 22nd day of February, 2006. PAUL K. CHARLTON United States Attorney District of Arizona

Case 2:04-cr-01281-DGC

Document 96

Filed 02/22/2006

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CERTIFICATE OF SERVICE
I hereby certify that on February 22, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: David Lockhart Attorney for Michael Anderson Patricia Gitre Attorney for Gina Anderson s/Raquel Lopez

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Case 2:04-cr-01281-DGC

Document 96

Filed 02/22/2006

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