United States v. Jack E. White, United States of America v. Gene Kuykendall

BRIGHT, Circuit Judge.

Jack E. White, manager of the Farmers Co-op of Arkansas and Oklahoma (the Coop), and Gene Kuykendall, an independent auditor of the Co-op, appeal their jury convictions of conspiracy to defraud the United States by impairing or impeding the Internal Revenue Service (the IRS) in the ascertainment and collection of corporate income taxes from the Co-op, in violation of 18 U.S.C. § 371 (count I), and of willfully subscribing to false and fraudulent Co-op income tax returns in 1973 and 1974, in violation of 26 U.S.C. § 7206(1) (counts II and III). 1

On appeal, defendants…