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UNITED STATES v. WIGODA

No. 74-2007.

521 F.2d 1221 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Paul T. WIGODA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 1975.

Rehearing November 6, 1975.

Attorney(s) appearing for the Case

Sherman C. Magidson, Warren Wolfson, Harry J. Busch, Chicago, Ill., for defendant-appellant.

Samuel K. Skinner, U. S. Atty., Gary L. Starkman, Jeremy D. Margolis, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, CUMMINGS, Circuit Judge, and BRYAN, Senior District Judge.

Rehearing En Banc November 6, 1975.

CUMMINGS, Circuit Judge.

In April 1974, an indictment was returned against defendant, the alderman representing the 49th Ward of the City of Chicago. The second count of the indictment charged that defendant subscribed to a false income tax return for 1969 by substantially under-reporting his gross income in violation of 26 U.S.C. § 7206(1).1 The jury found defendant

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