United States v. William Goldstein

685 F.2d 179
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 31, 1982
Docket81-2556
StatusPublished
Cited by12 cases

This text of 685 F.2d 179 (United States v. William Goldstein) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. William Goldstein, 685 F.2d 179 (7th Cir. 1982).

Opinions

FLOYD R. GIBSON, Senior Circuit Judge.

William Goldstein appeals his conviction on one count of a three-count indictment charging him with tax evasion in violation of 26 U.S.C. § 7201 (1976). He was acquitted on charges of tax evasion for the tax years 1974 and 1975, but was convicted for the tax year 1976. The district court imposed a $10,000 fine and a five-year sentence, and ordered that the sentence be suspended after sixty days’ confinement in jail, with a three-year probation.

Goldstein raises three points on appeal. The first is that the Government’s use of the “net worth method” to show unreported taxable income was insufficient to support a conviction for 1976 because the Government did not establish an opening net worth for 1976 with reasonable certainty. The second point is that the jury instructions were improper, particularly in allowing the jury to return a conviction without the Government’s establishing with reasonable certainty an opening net worth for 1976. The third is that a supplemental instruction regarding the Government’s need to prove the source of Goldstein’s income was prejudicial.

I.

The Government used the net worth method to show Goldstein’s income for the years in question. This method was described by the Supreme Court in Holland v. United States, 348 U.S. 121, 125, 75 S.Ct. 127, 130, 99 L.Ed. 150 (1954):

In a typical net worth prosecution, the Government, having concluded that the taxpayer’s records are inadequate as a basis for determining income tax liability, attempts to establish an “opening net worth” or total net value of the taxpayer’s assets at the beginning of a given year. It then proves increases in the taxpayer’s net worth for each succeeding year during the period under examination and calculates the difference between the adjusted net values of the taxpayer’s assets at the beginning and end of each of the years involved. The taxpayer’s nondeductible expenditures, including living expenses, are added to these increases, and if the resulting figure for any year is substantially greater than the taxable income reported by the taxpayer for that year, the Government claims the excess represents unreported taxable income.

Goldstein concedes that the Government’s proof established that between 1972 and 1976 he increased his net worth by an amount greater than that reflected in his taxable income according to his tax returns. Appellant’s Reply Brief at 2. But Goldstein argues that the Government had to establish an opening net worth for the beginning of each tax year in question, and that it [181]*181failed to do so because it did not establish with reasonable certainty one element of net worth, cash on hand. Goldstein also argues that the Government did not adequately exclude the possibility of nontaxable sources of income, such as an inheritance he said he and his wife received in April 1973.

A.

In the instant case we need not decide whether the Government adequately established an opening net worth for each tax year because Goldstein was convicted of tax evasion in only one of those years. The question is whether the evidence adduced with the net worth method supported Gold-stein’s conviction for tax evasion in 1976. The Government had to establish an opening net worth for 1976 because Goldstein was charged with and convicted of tax evasion specifically in 1976. The Government presented evidence that Goldstein’s net worth was — $5,688 on January 1, 1973, and $179,306 on December 31, 1976, an increase of $184,994. The Government also estimated net worth for the beginning of each tax year, including 1976. The Government estimated that Goldstein’s net worth went from $114,385 to $179,306 in 1976, an increase of $64,921. The Government’s opening net worth estimate for 1976 included $100 for cash on hand. Goldstein suggests that the opening net worth estimate is not reasonably certain because it underestimated Goldstein’s cash on hand. We conclude that the evidence was sufficient to establish the 1976 opening net worth with reasonable certainty and that Goldstein’s suggestion of a cash hoard did not have to be believed by the jury.

The Government adequately showed an increase in Goldstein’s net worth in 1976. The evidence of Goldstein’s increase in net worth from January 1, 1973, to the end of 1976 was relevant to proving an increase in net worth in 1976. The Government can show a 1976 opening net worth by establishing a net worth in an earlier year and then calculating the effect of income and disbursements. United States v. Scott, 660 F.2d 1145, 1149 (7th Cir. 1981), cert. denied, -U.S. -, 102 S.Ct. 1252, 71 L.Ed.2d 445 (1982); United States v. Marshall, 557 F.2d 527, 530 (5th Cir. 1977). Therefore, after the Government established the beginning net worth, it did not have to establish cash on hand at the beginning of each year with evidence independent of the other years. Cash on hand in a net worth calculation is only one of several and varied financial assets and is of no greater significance, aside from its liquidity, than other assets. The Government’s calculations of income and disbursements based on a starting point were adequate to prove the opening net worth for 1976.1

[182]*182Furthermore, Goldstein’s own admissions, in the form of financial statements, indicate that he did not have a cash hoard in the years in question. For instance, in January 1972 he told the Internal Revenue Service he had a net worth of — $46,000. In May 1975, he told a Peoria, Illinois, bank that he had cash on hand of $9,200. In October 1976 he told another Peoria bank that he had cash on hand of only $4,500. There was more than enough evidence to support an increase in net worth in 1976 substantially greater than Goldstein’s reported income.

B.

Goldstein also argues that a net worth increase did not show tax evasion because the Government did not exclude nontaxable sources of income. Specifically, he suggests that the net worth increase was attributable to a $130,000 cash inheritance that he and his wife received from his mother-in-law in April 1973.

There was not a probated will or other record of any inheritance, and the testimony of the inheritance came from Goldstein’s relatives. The jury was under no duty to accord face value to this self-serving, undocumented testimony.

Further, even if Goldstein had a cash hoard from this inheritance, Gold-stein’s financial statements with the Peoria banks indicate that most of this claimed inheritance was expended before 1976. According to Goldstein’s May 1975 financial statement, he had a cash hoard of only $9,200. This was not enough to account for Goldstein’s increase in net worth in 1976. Finally, Goldstein argues that the Government did not fulfill its obligation to investigate and negate reasonable explanations of nontaxable sources of income. See Holland, 348 U.S. at 135-36, 75 S.Ct. at 135; United States v. Mackey, 345 F.2d 499, 506 (7th Cir.), cert. denied, 382 U.S. 824, 86 S.Ct. 54, 15 L.Ed.2d 69 (1965).

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United States v. William Goldstein
685 F.2d 179 (Seventh Circuit, 1982)

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