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U.S. Supreme Court to decide if false tax return triggers deportation

The U.S. Supreme Court has agreed to decide whether filing a false statement on a tax return is an aggravated felony, rendering a defendant deportable under federal immigration law. The defendants in Kawashima v. Holder, a Japanese married couple who were permanent residents, pled guilty for filing a false statement on a corporate tax return in violation of 26 U.S.C. §7206(1) for the purpose of hiding income. The husband’s plea agreement stipulated that he would pay $245,126 as restitution for the underpayment of taxes, but neither plea agreement included any admission of fraud or deceit.

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