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United States v. Massei

U.S.
Mar 3, 1958
355 U.S. 595 (1958)

Summary

In Massei, the Court held that there is no necessity for proof of a likely source of income when all possible sources of non-taxable income are negatived.

Summary of this case from Foster v. C.I.R

Opinion

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT.

No. 98.

Argued January 9, 1958. Decided March 3, 1958.

In a tax-evasion prosecution based on the net-worth method of proof sustained in Holland v. United States, 348 U.S. 121, proof of a likely source of the defendant's net-worth increases is not essential if all possible sources of nontaxable income are negatived by the evidence.

241 F.2d 895, affirmed on another ground.

Roger Fisher argued the cause for the United States. With him on the brief were Solicitor General Rankin, Assistant Attorney General Rice and Joseph F. Goetten.

Richard Maguire argued the cause and filed a brief for respondent.


The Court of Appeals has based its remand in part on the absence of "proof of likely source," which it regards as an "indispensable" element of the net worth method, citing Holland v. United States, 348 U.S. 121, in support of its conclusion. In Holland we held that proof of a likely source was "sufficient" to convict in a net worth case where the Government did not negative all the possible nontaxable sources of the alleged net worth increase. This was not intended to imply that proof of a likely source was necessary in every case. On the contrary, should all possible sources of nontaxable income be negatived, there would be no necessity for proof of a likely source. The above explanation must be taken into consideration in applying the Holland doctrine to this case. A new trial being permissible under the terms of the order of the Court of Appeals, we affirm its judgment.

MR. JUSTICE DOUGLAS would affirm the judgment below on the opinion of the Court of Appeals, 241 F.2d 895, 900-901.


Summaries of

United States v. Massei

U.S.
Mar 3, 1958
355 U.S. 595 (1958)

In Massei, the Court held that there is no necessity for proof of a likely source of income when all possible sources of non-taxable income are negatived.

Summary of this case from Foster v. C.I.R

In Massei, the Supreme Court reviewed an order of the First Circuit which was based in part on the absence of "proof of likely source" of the taxpayer's net worth increases, which the Court of Appeals had regarded as an "indispensable" element of the net worth method of proof underHolland, supra.

Summary of this case from U.S. v. Fox

In United States v. Massei, 1958, 355 U.S. 595, 78 S.Ct. 495, 2 L.Ed.2d 517, it was stated that there would be no necessity for proof of a likely source in a case in which the Government could negative "all possible sources of nontaxable income."

Summary of this case from United States v. Kleinman
Case details for

United States v. Massei

Case Details

Full title:UNITED STATES v . MASSEI

Court:U.S.

Date published: Mar 3, 1958

Citations

355 U.S. 595 (1958)
78 S. Ct. 495

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