MACKEY v. UNITED STATES

No. 17200.

411 F.2d 504 (1969)

Fred T. MACKEY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

June 4, 1969.


Attorney(s) appearing for the Case

William M. Ward, Robert J. Downing, Chicago, Ill., for plaintiff-appellant; Raskin, Downing & Dammann, Chicago, Ill., of counsel.

Mitchell Rogovin, Asst. Atty. Gen., Tax Division, John M. Brant, Joseph M. Howard, Attys., Dept. of Justice, Washington, D. C., Alfred W. Moellering, U. S. Atty., Fort Wayne, Ind., for defendant-appellee; Alfred R. Uzis, Asst. U. S. Atty., of counsel.

Before CUMMINGS and KERNER, Circuit Judges, and HOFFMAN, District Judge.


HOFFMAN, District Judge.

The question presented for decision is whether a conviction for income tax evasion should be set aside on collateral attack because the trial court admitted into evidence the defendant's federal gambling tax returns which, the Supreme Court has subsequently held, the defendant could not have been required to file over a timely claim of the privilege against self-incrimination. We conclude that the question must be answered in the negative...

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