United States v. Costello, 221 F.2d 668 (2d Cir. 1955)

Second Circuit opinion of April 5, 1955 affirming Frank Costello's conviction for attempting to evade income taxes for 1947, 1948 and 1949, proved on a net-worth theory.

Date: 1955-04-05
Kind: court-opinion
Source: CourtListener (Free Law Project), text of the opinion
Retrieved: 2026-10-12
Docket: 23149
Rights: Opinion of a United States court. Works of the federal judiciary are in the public domain in the United States. The text was read on CourtListener.

United States Court of Appeals, Second Circuit, docket 23149, decided April 5, 1955. Costello was convicted of “wilful attempts ‘to evade or defeat a large part of the income tax’ for the years 1947, 1948 and 1949.” The government proved the case on a net-worth theory. Judge McGohey imposed five years on each count.

The court affirmed. The Supreme Court affirmed in turn in Costello v. United States, 350 U.S. 359 (1956).

itemCostello v. United States, 350 U.S. 359 (1956)Supreme Court decision of March 5, 1956 affirming Frank Costello's income-tax conviction and holding that an indictment resting only on hearsay before the grand jury is valid.itemCostello v. Immigration and Naturalization Service, 376 U.S. 120 (1964)Supreme Court decision of February 17, 1964 holding that Frank Costello could not be deported under the two-crimes provision for convictions entered while he was a naturalized citizen.