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UNITED STATES v. GARGUILO

No. 929, Docket 76-1596.

554 F.2d 59 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew GARGUILO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Robert E. Lindsay, Atty., Tax Div., Dept. of Justice, Washington, D.C. (Myron C. Baum, Acting Asst. Atty. Gen., Gilbert E. Andrews and Richard B. Buhrman, Attys., Tax Div., Dept. of Justice, Washington, D.C. and David G. Trager, U. S. Atty., E.D.N.Y., Brooklyn, N.Y., on the brief), for plaintiff-appellee.

Joel A. Brenner, New York City (James M. LaRossa, New York City, on the brief), for defendant-appellant.

Before LUMBARD and TIMBERS, Circuit Judges, and DAVIS, Judge, Court of Claims.

LUMBARD, Circuit Judge:

Andrew Garguilo appeals from judgment entered on December 10, 1976 by Judge Pratt in the Eastern District after convictions by a jury on two counts of wilful failure to file income tax returns for the years 1969 and 1972, 26 U.S.C. § 7203. Appellant's principal claims are that evidence on his income in 1969 and 1972 was insufficient to support convictions, that there was a variance between indictment and proof, and that the court erred...

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