United States v. Procario
United States v. Procario
Opinion of the Court
In view of the statement made by the Assistant United States Attorney upon the argument of the motion that the charge against the defendant rests upon failure to report professional income, the motion for a bill of particulars is disposed of as follows:
With respect to each count of the indictment, set forth:
1. (a) The amounts and dates of all items of bank and other deposits upon which the Government will rely to establish the defendant’s taxable income.
(b) All items of the foregoing which the Government eliminates as nontaxable income.
2. To the extent that the Government has knowledge of specific items of taxable income received from individuals,
(a) each item of such income;
(b) the approximate date when received by the defendant;
(c) the amount thereof;
(d) if deposited in any bank or other account, the approximate date thereof, the name of the depositary, the designation of the account under which the deposit was made, and the name of the person, firm or corporation from whom received.
3. A schedule containing the gross income and all deductions and credits allowed so as to reflect the joint taxable income and the tax which the Government will claim was due thereon.
4. The approximate date the tax return was received in the office of the District Director of Internal Revenue for the District of Upper Manhattan.
The bill of particulars shall be served within twenty (20) days from the date hereof.
MOTION FOR DISCOVERY AND INSPECTION UNDER RULE 16 AND FOR PRODUCTION OF DOCUMENTS IN ADVANCE OF TRIAL UNDER RULE 17(c).
Apart from evidence as to the sources of claimed unreported income, the Government’s case in large measure must rest upon documentary proof. Many of the documents may be required for de
The motion to quash the subpoena is granted with respect to items 5 to 9, inclusive, and otherwise denied so as to permit the discovery and inspection to the extent indicated above.
Reference
- Full Case Name
- United States v. Angelo PROCARIO
- Status
- Published