Record

Case file

1933-12-21

Internal Revenue Service, FOIA historical documents (file 2)

Special Agent Frank J. Wilson's summary report on Alphonse Capone, SI-7085-F (21 December 1933)

Sixty-page report by Special Agent Frank J. Wilson to the Chief of the Intelligence Unit on case SI-7085-F, the evasion of income taxes by Alphonse Capone for 1924–1929, from referral to sentence.

Date
1933-12-21
Kind
case-file
Retrieved
2026-10-11
Docket
Intelligence Unit file SI-7085-F
Rights
A record of the Bureau of Internal Revenue, Treasury Department, released by the Internal Revenue Service under the Freedom of Information Act. A United States government work, public domain in the United States under 17 U.S.C. § 105.

A sixty-page summary report dated December 21, 1933, from Special Agent Frank J. Wilson to the Chief, Intelligence Unit, Bureau of Internal Revenue, “In re: Alphonse Capone, Lexington Hotel, 2300 Michigan Boulevard, Chicago, Ill.” The case number is SI-7085-F. Wilson signs the last page as Special Agent.

The report states that the case concerns “the evasion of income taxes by Alphonse Capone … for the years 1924 to 1929, inclusive,” that it was referred to Wilson on May 19, 1930, and it names the special agents and revenue agents assigned. It describes concurrent cases that ended in the conviction or guilty pleas of Jack Guzik, Sam Guzik, Frank Nitto, T. J. Druggan and Frank A. Lake. It narrates the indictments of March 13 and June 5, 1931, and the trial, including attempts to influence the jury, after which, it says, the court ordered the jury locked up until the trial was completed. It states that the defense attorneys were not alleged to have taken part.

On the outcome it reports: “On October 17, 1931, the defendant was found guilty of evasion of income taxes for the years 1925, 1926 and 1927 and for failure to file income tax returns for the years 1928 and 1929. On October 24th Federal Judge Wilkerson sentenced him to five years in the Federal Penitentiary on each of the three felony counts, two of which are to run concurrently and he was sentenced to one year in the Cook County Jail on each of the two misdemeanor counts.” It adds fines of $50,000 plus the costs of prosecution.

Quotations follow the PDF’s text layer, which is a noisy scan, with scanning errors corrected against the sense of the line. The page images are the record.

itemIRS: Historical Documents relating to Alphonse (Al) Capone, ChicagoThe Internal Revenue Service's Freedom of Information Act page publishing five documents from the Intelligence Unit's investigation of Alphonse Capone, released because he never filed a tax return.itemRevenue agents' report in re Alphonse Capone, 7244 Prairie Avenue (8 July 1931)Confidential report of Internal Revenue Agents Hodgins, Westrich and Clagett to the Agent in Charge at Chicago, setting out the basis for the tax determined against Capone, with income and tax worksheets.itemLetter from Special Agent Frank J. Wilson to Chief Irey (27 March 1931)Status letter from Special Agent Frank J. Wilson at Chicago to the Chief of the Intelligence Unit reporting that 'the Capone investigation is going steadily ahead.'itemLetter from Special Agent Frank J. Wilson to the Chief, Intelligence Unit (8 April 1931)One-page report from Special Agent Frank J. Wilson on the agents' new Chicago office and a conference with the First Assistant U.S. Attorney about a possible conspiracy indictment.itemIndictment in Case Number 22852 (March 1931)The first income-tax indictment against Alphonse Capone, returned by a federal grand jury at Chicago in the March Term 1931. Its one count concerns tax for 1924. The jury acquitted him on it.itemIndictment in Case Number 23232 (June 1931)The twenty-two-count income-tax indictment returned against Alphonse Capone on 5 June 1931. He was convicted on counts 1, 5, 9, 13 and 18.itemJury verdict, United States v. Alphonse Capone (17 October 1931)The signed jury verdict: not guilty on indictment 22852, guilty on counts one, five, nine, thirteen and eighteen of indictment 23232, returned before Judge Wilkerson on 17 October 1931.itemJudgment and sentence, United States v. Alphonse Capone (24 October 1931)Judgment of 24 October 1931 on counts One, Five, Nine, Thirteen and Eighteen of indictment 23232: imprisonment totaling eleven years and fines totaling $50,000, with costs of prosecution.itemCapone v. United States, 56 F.2d 927 (7th Cir. 1932)The Seventh Circuit affirms Alphonse Capone's 1931 conviction on three felony counts of attempted income-tax evasion and two misdemeanor counts of failing to file returns. Decided 27 February 1932.