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UNITED STATES v. McCABE

No. 16903.

416 F.2d 957 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Morgan L. McCABE, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied October 7, 1969.

Attorney(s) appearing for the Case

Edward J. Calihan, Jr., Chicago, Ill., Morgan L. McCabe, Milwaukee, Wis., for defendant-appellant.

James B. Brennan, U. S. Atty., Milwaukee, Wis., Roch Carter, Robert J. Lerner, Asst. U. S. Attys., Milwaukee, Wis., for plaintiff-appellee.

Before SWYGERT, FAIRCHILD and CUMMINGS, Circuit Judges.

FAIRCHILD, Circuit Judge.

Morgan McCabe was convicted of willfully failing to file income tax returns for 1960, 1961, and 1962.1 He was sentenced to 45 days' imprisonment and fines aggregating $3,000.

Jury trial was waived. The parties stipulated that McCabe had gross incomes in these years ranging from $35,000 to $38,000 and that he had not filed. The only remaining issue was whether or not the failure was wilful. McCabe claimed...

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