United States v. Miriani

422 F.2d 150
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 20, 1970
DocketNo. 19274
StatusPublished
Cited by18 cases

This text of 422 F.2d 150 (United States v. Miriani) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Miriani, 422 F.2d 150 (6th Cir. 1970).

Opinion

BROOKS, Circuit Judge.

The defendant-appellant, Louis C. Miriani, was convicted by a jury on all counts of a four-count indictment charging him with attempting to evade and defeat a large part ($163,723.49) of his federal income taxes due for the years 1959 through 1962, in violation of 26 U. S.C. § 7201. A sentence of a year and a day imprisonment and a fine of $40,000 was imposed.

Six principal issues are raised on this appeal in seeking a reversal of the judgment but consideration of these issues and of the entire record establishes that the defendant received a fair trial and we affirm the judgment of conviction.

[152]*152Defendant, a practicing lawyer for many years, was mayor of Detroit from 1956 through 1961. He was defeated in his bid for re-election in 1961 but was again elected to the City Council in 1965. Beginning in 1964 agents of the Internal Revenue Service held several conferences with defendant concerning the accuracy of his income tax returns, especially for the years in which he was mayor. During the period of investigation, defendant furnished the agents with certain information and on the basis of this information and other evidence, the government determined defendant’s net worth to be $181,000 at the close of the 1956 tax year and that it had increased to $605,000 by the end of 1962.

The government’s case was centered around establishing the accuracy of its net worth determinations and that the significant increase in net worth was due to unreported, but taxable, “political contributions” received by the defendant during the years in question. The defendant sought to demonstrate that any excess of net worth over reported income was due to cash on hand at the beginning point for establishing defendant’s net worth, gifts received by him, and unspent political contributions which defendant had invested in municipal bonds and which allegedly were earmarked for later political use.

The evidence shows that the campaign statements filed by defendant as required by Michigan law failed to disclose any surplus campaign funds and, also, the names of several witnesses who testified they had made political contributions did not appear in this list. The defendant did not take the stand, although he did call an attorney who testified he had advised defendant that surplus political funds could be set aside for future political use and would not be taxable. This same witness advised defendant to invest the funds in municipal bonds. The sufficiency of the government’s evidence to support the jury verdict of guilty is not challenged on this appeal.

First, defendant contends that the failure to report unspent but accumulated political contributions cannot support a conviction for tax fraud as Revenue Ruling 54-80, which declares that such funds when diverted to personal use are taxable, does not have the force of law. It has been firmly established, however, that this Revenue Ruling is declaratory of judicial interpretation of existing law that funds contributed to a political campaign and diverted to personal use are taxable. United States v. Jett, 352 F.2d 179 (6th Cir. 1965), cert. denied, 383 U.S. 935, 86 S. Ct. 1063, 15 L.Ed.2d 852; O’Dwyer v. Commissioner of Internal Revenue, 266 F.2d 575 (4th Cir.1959), cert. denied, 361 U.S. 862, 80 S.Ct. 119, 4 L.Ed.2d 102; Paschen v. United States, 70 F.2d 491 (7th Cir.1934). Moreover, this issue was not preserved for appellate review and it is only in exceptional cases where injustice might otherwise result that an issue not raised at the trial level will be considered on appeal. Hormel v. Helvering, 312 U.S. 552, 61 S.Ct. 719, 85 L.Ed. 1037 (1941); Dupes v. Johnson, 353 F.2d 103 (6th Cir.1965); Wiper v. Great Lakes Engineering Works, 340 F.2d 727 (6th Cir.1965), cert. denied, 382 U.S. 812, 86 S.Ct. 28, 15 L.Ed.2d 60; City of Memphis v. Southern Bell Telephone and Telegraph Co., 316 F.2d 535 (6th Cir.1963); Petty v. Porter, 322 F.2d 308 (6th Cir.1963), cert. denied, 377 U.S. 948, 84 S.Ct. 1358, 12 L.Ed.2d 310.

Secondly, the defendant makes certain objections to the instructions of the court. Basically, the objections are twofold: (1) The alleged failure to properly distinguish between gifts and political contributions, and (2) that the statement to the effect that any payment made with the intention that it be compensation for past or future favors or preferment was taxable insinuated to the jury that defendant took bribes when there was no such evidence in the case. We have examined the record and find that the jury was adequately instructed. Again, no objections were made to the now challenged instructions [153]*153as required by Rule 30 of the Federal Rules of Criminal Procedure, and in the absence of plain error the failure to object is fatal. Singer v. United States, 380 U.S. 24, 85 S.Ct. 783, 13 L.Ed.2d 630 (1965); Lopez v. United States, 373 U.S. 427, 83 S.Ct. 1381, 10 L.Ed.2d 462 (1962); United States v. Little, 391 F. 2d 222 (6th Cir.1968); United States v. Dorsey, 290 F.2d 893 (6th Cir.1961), cert. denied, 368 U.S. 825, 82 S.Ct. 44, 7 L.Ed.2d 29; Solomon v. United States, 276 F.2d 669 (6th Cir.1960), cert. denied, 364 U.S. 890, 81 S.Ct. 219, 5 L.Ed. 2d 186, reh. denied, 364 U.S. 939, 81 S. Ct. 376, 5 L.Ed.2d 371.

The third objection of the defendant is to that portion of the government’s closing argument which suggests that the defendant was a recipient of bribes. Again, no objection was made by the defense and this issue should not now receive consideration on appeal. If defendant’s counsel considered the language harmful, he could have made an objection and the court would then have been afforded the opportunity of correcting any erroneous impression that the fragment of the argument complained of may have invoked. United States v. Benson, 389 F.2d 376 (6th Cir. 1968), cert. denied, 391 U.S. 903, 88 S.Ct. 1652, 20 L.Ed.2d 418; United States v. Lichota, 351 F.2d 81 (6th Cir.1965), cert. denied, 382 U.S. 1027, 86 S.Ct. 647, 15 L.Ed.2d 540, reh. denied, 383 U.S. 954, 86 S.Ct. 1195, 16 L.Ed.2d 216; United States v. Chamley, 376 F.2d 57 (7th Cir.1967), cert. denied, 389 U.S. 898, 88 S.Ct. 221, 19 L.Ed.2d 220; United States v. Kravitz,

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United States v. Louis C. Miriani
422 F.2d 150 (Sixth Circuit, 1970)

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422 F.2d 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-miriani-ca6-1970.