Report of Al Capone for the Bureau of Internal Revenue
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Report of Al Capone for the Bureau of Internal Revenue - United States Internal Revenue Service Agents
United States Internal Revenue Service Agents
Report of Al Capone for the Bureau of Internal Revenue
Published by Good Press, 2022
goodpress@okpublishing.info
EAN 4064066064358
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Summary report of Al Capone for the Bureau of Internal Revenue
Table of Contents
INTELLIGENCE UNIT
Washington
(Name of Division)
SI-7085-F
FJW-BPN
December 21, 1933.
Chief, Intelligence Unit,
Bureau of Internal Revenue, Washington, D. C.
The above numbered case relates to the evasion of income taxes by Alphonse Capone, Lexington Hotel, 2300 Michigan Boulevard,Chicago, Illinois, for the years 1924 to 1929, inclusive. The case is based on a special report of Special Agent in Charge A.P. Madden dated October 15, 1928, and was jacketed and referred to the Chicago Division on October 18, 1928. On May 19, 1930, the case was referred to me and I was ordered by you to proceed to Chicago to conduct the investigation under your direction. Special Agents Nels Tessem of the Chicago Division, M.F. Malone of the Washington Division, James N. Sullivan of the New York Division and Revenue Agents W. C. Hodgins of the Chicago Division, H. N. Clagett and J. C. Westrich of the Brooklyn Division, were assigned to cooperate with me throughout the investigation. Special Agents C. L. Clarke and Joe J. Brown of the Florida Division also cooperated during part of the investigation and other agents were called upon from time to time to assist on the case. During the investigation of this case it became necessary that we make concurrent investigation of evasion of taxes by other principals in the Capone organization and evidence was secured which resulted in the conviction or pleas of guilty of Jack Guzik, Sam Guzik, Frank Nitto, T. J. Druggan and Frank A. Lake. An indictment was secured against Louis Lipschultz, a member of the organization and a brother in law of Jack Guzik. The investigation was made at Chicago, Illinois, Leavenworth, Kansas, St. Louis, Missouri, Miami, Florida, New York, Washington, D.C., and other points from May 23, 1930 to October 30, 1931.
There is submitted herewith as Exhibit No. 1, a copy of the report of Revenue Agents Hodgins, Clagett and Westrich dated July 8, 1931, in which they recommended tax and penalties as follows:
This office concurs in the tax recommended by the revenue agents.
There is submitted herewith as Exhibit No. 2, a confidential report dated July 8, 1931, of Revenue Agents Clagett, Westrich and Hodgins, in which they refer to the reputation and previous history of the taxpayer and set forth the basis for the tax determined.
At Chicago, Illinois, on March 13, 1931, a secret Federal Grand Jury indictment was reported against the taxpayer covering an attempt to evade and defeat an income tax of $32,439.24 imposed by the Revenue Act of 1924 on a net income of $123,102.89, earned by him during the year 1924. A copy of the indictment is submitted herewith as Exhibit No. 3. On June 5, 1931, at Chicago, Illinois, the taxpayer was indicted by the Federal Grand Jury for attempt to evade and defeat the income tax covering the years 1925 to 1929, inclusive. The indictment contained twenty-two counts and charged wilful attempts to evade and defeat income taxes for the years 1925 and 1929, inclusive (felonies), and failure to file returns for the years 1928 and 1929 (misdemeanors). A copy of the indictment of June 5th is submitted as Exhibit No. 4.
Counts one to four, inclusive, cover the year 1925 and charge a wilful attempt to evade and defeat an income tax (and the payment of the tax) in the sum of $55,365.25 imposed by the Revenue Act of 1926 on a net income of $257,285.98 earned by the defendant during the calendar year 1925.
Counts five to eight, inclusive, cover the year 1926 and charge the defendant with the wilful attempt to evade and defeat an income tax (and the payment of the tax) in the sum of $39,962.75 imposed by the Revenue Act of 1926 on a net income of $195,676.00 earned by the defendant during the calendar year 1926. Counts nine to twelve, inclusive, cover the year 1927 and charge the defendant with the wilful attempt to evade and defeat an income tax (and the payment of the tax) in the sum of $45,557.76 imposed by the Revenue Act of 1926 on a net income of $218,056.04 earned by the defendant during the calendar year 1927.
Counts thirteen to seventeen, inclusive, cover the year 1928. Count thirteen charges that the defendant wilfully failed to make a return of income (a misdemeanour) for that year. Counts fourteen to seventeen, inclusive, cover the year 1928 and charge the defendant with the wilful attempt to evade and defeat an income tax (and the payment of the tax) in the sum of $25,887.72 imposed by the Revenue Act of 1928 on a net income of $140,535.93 earned by the defendant during the calendar year 1928.
Counts eighteen to twenty-two, inclusive, cover the year 1929. Count eighteen charges that the defendant wilfully failed to make a return of income (a misdemeanour) for that year. Counts nineteen to twenty-two, inclusive, cover the year 1929 and charge the defendant with the wilful attempt to evade and defeat an income tax (and the payment of the tax) in the sum of $15,817.76 imposed by the Revenue Act of 1928 on a net income of $103,999.00 earned by the defendant during the calendar year 1929.
The felonies charged are in violation of Sections 1114 (b) of the Revenue Act of 1926 and 146 (b) of the Revenue Act of 1928, and the misdemeanours charged are in violation of Section 146 (a) of the Revenue Act of 1928.
The important facts upon which the tax indictments were based are as follows: The defendant, during the years 1924 to 1929, inclusive, was a partner in a syndicate or partnership engaged in illicit profit-making enterprises. The defendant was the leader of the syndicate and received one-sixth of the net profits from its activities. During the years in question the defendant's net earnings from the sources indicated included the following:
The defendant received income in the form of cash, sometimes checks, and, on many occasions, wire transfers of money by Western Union. The defendant, Alphonse Capone, had never filed a return for the years covered by the indictment and had never paid any tax on any of the income earned during those years.
The foregoing facts were established by evidence largely circumstantial in character. The defendant had no bank accounts, kept no book records of activities, bought no property in his own name, and, with the exception of wire tranfers of money by Western Union and an occasional check, conducted all of his financial dealings with currency only. The evidence of the government, therefore, comes principally from the mouths of those who dealt either with the organization or with the defendant, and the entire situation is made clear only by piecing together many separate facts and circumstances, among which are included some admissions of income made by the defendant himself.
On June 16, 1931, the taxpayer appeared before Federal Judge James H. Wilkinson and pleaded guilty to