Opinion

United States v. Charles D. McCorkle Jr.

  • 511 F.2d 482
Court
Court of Appeals for the Seventh Circuit
Filed
Apr 1, 1975
Status
Published
Author
Swygert
On the bench
Swygert, Castle, Fairchild, Cummings, Pell, Stevens, Sprecher, Tone
Cited by
36 cases

The opinion

SWYGERT, Circuit Judge

(concurring).

Reconsideration of the issue of wilfulness in light of the petition for rehearing, oral argument, a re-examination of the record, and Judge Castle’s persuasive opinion has led me to the conclusion that my original view, expressed in the prior opinion in this case, which I authored, was in error. I am willing to agree that the scienter requirement of the statute does not encompass specific intent to defraud the Government, although I do maintain that a purposeful, voluntary failure to file a return does in a conceptual sense contain the latent intent to defraud the Government by not reporting income on which a tax may be assessed. A review of the instructions to the jury in this case now convinces me that the element of wilfulness was properly covered by the district judge and that the conviction in this case must therefore be affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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