MacLeod, In re, No. 57030

CourtUnited States State Supreme Court of Missouri
Writing for the CourtHENLEY
Citation479 S.W.2d 443
PartiesIn re Douglas C. MacLEOD.
Decision Date10 April 1972
Docket NumberNo. 57030

Page 443

479 S.W.2d 443
In re Douglas C. MacLEOD.
No. 57030.
Supreme Court of Missouri, En Banc.
April 10, 1972.
Rehearing Denied May 8, 1972.

Irl B. Baris, Leonard J. Frankel, Newmark & Baris, St. Louis, for respondent.

John E. Burruss, Jr., Jefferson City, for Informants.

HENLEY, Judge.

This is an original proceeding for disciplinary action filed in June, 1971, by the Advisory Committee, as informants, against Douglas C. MacLeod, a member of the bar of this court, as respondent.

Informants allege, in substance: (1) that respondent is, and has been since August, 1947, licensed to practice law in this state; (2) that in October, 1969, respondent was charged by a three-count indictment filed in the United States District Court for the Eastern District of Missouri with violation of the Internal Revenue Code of the United States 1 in that he failed to make an income tax return for each of the calendar years of 1963, 1964 and 1965 2; (3) that

Page 444

respondent was tried by a jury and found guilty on all three counts; (4) that on January 5, 1970, respondent was sentenced by the trial judge to imprisonment for one year and fined $10,000.00 for the offense charged in Count I, but as to Counts II and III imposition of sentence was suspended and he was placed on probation for a period of five years, the probation to commence at the expiration of imprisonment imposed under Count I; (5) that the United States Court of Appeals for the Eighth Circuit affirmed the judgment of conviction, United States v. MacLeod, 436 F.2d 947, and thereater, in April, 1971, his petition for writ of certiorari was denied by the United States Supreme Court, 402 U.S. 907, 91 S.Ct. 1378, 28 L.Ed.2d 647; (6) that pursuant to order of the court, respondent, in May, 1971, surrendered to serve and is now serving his sentence at the Medical Center for Federal Prisoners in Springfield, Missouri; (7) that the crime for which respondent was convicted involves moral turpitude and he should, therefore, be removed from the roll of attorneys licensed to practice law in this state and be disbarred as provided by § 484.240, RSMo 1969, V.A.M.S., and under the inherent power of this court to admit and remove persons from the practice of law in this state. A copy of the record of conviction has been filed with the court.

Respondent filed his response to the allegations of informants by which he admits the allegations of fact, but denies informants' conclusion that the offense of failing to file federal income tax returns involves moral turpitude. Respondent further alleges that failure to file income tax returns does not constitute '* * * an offense involving moral turpitude as a matter of law in this particular case.' In support of this position he further alleges (1) that at his trial in district court he requested and the court refused to give the following instruction:

'The Court instructs the jury that you may not find the defendant guilty as to...

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10 practice notes
  • Attorney Grievance Commission of Maryland v. Walman
    • United States
    • Court of Appeals of Maryland
    • June 9, 1977
    ...that crime from the § 7201 offense of making a false and fraudulent return, i. e., willful tax evasion, see, e. g., In re MacLeod, 479 S.W.2d 443, 445 (Mo.), cert. denied, 409 U.S. 979, 93 S.Ct. 312, 34 L.Ed.2d 243 (1972); In re Kline, 156 Mont. 177, 477 P.2d 881, 882 (1970); State Bd. of L......
  • Byrd v. The Mississippi Bar, No. 2001-BA-00731-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • July 25, 2002
    ...re Bolen, 416 N.W.2d 449 (Minn.1987) (four years of nonfiling with no indication of prior violations—30-day suspension); In re MacLeod, 479 S.W.2d 443 (Mo.1972) (three years of nonfiling with no indication of prior violations—indefinite suspension with leave to apply for reinstatement after......
  • Nicholson, Matter of, Nos. 6
    • United States
    • Supreme Court of Georgia
    • June 27, 1979
    ...N.E.2d 101 (1970)); Rheb v. Bar Assn. of Baltimore City, 186 Md. 200, 46 A.2d 289 (1946); Re Moon, 310 S.W.2d 935 (1958 Mo.); Re MacLeod, 479 S.W.2d 443, cert. den. 409 U.S. 979, 93 S.Ct. 312, 34 L.Ed.2d 243 (1972 Mo.); Re Kline, 156 Mont. 177, 477 P.2d 881 (1970); State ex. rel. Nebraska S......
  • Duncan, In re, No. 75162
    • United States
    • United States State Supreme Court of Missouri
    • December 18, 1992
    ...(Mo. banc 1958); In re McMullin, 370 S.W.2d 151, 155 (Mo. banc 1963); In re Lurkins, 374 S.W.2d 67, 68 (Mo. banc 1964); In re MacLeod, 479 S.W.2d 443, 445 (Mo. banc), cert. denied, 409 U.S. 979, 93 S.Ct. 312, 34 L.Ed.2d 243 (1972); In re Kueter, 501 S.W.2d 486, 487 (Mo. banc Respondent coun......
  • Request a trial to view additional results
10 cases
  • Attorney Grievance Commission of Maryland v. Walman
    • United States
    • Court of Appeals of Maryland
    • June 9, 1977
    ...that crime from the § 7201 offense of making a false and fraudulent return, i. e., willful tax evasion, see, e. g., In re MacLeod, 479 S.W.2d 443, 445 (Mo.), cert. denied, 409 U.S. 979, 93 S.Ct. 312, 34 L.Ed.2d 243 (1972); In re Kline, 156 Mont. 177, 477 P.2d 881, 882 (1970); State Bd. of L......
  • Byrd v. The Mississippi Bar, No. 2001-BA-00731-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • July 25, 2002
    ...re Bolen, 416 N.W.2d 449 (Minn.1987) (four years of nonfiling with no indication of prior violations—30-day suspension); In re MacLeod, 479 S.W.2d 443 (Mo.1972) (three years of nonfiling with no indication of prior violations—indefinite suspension with leave to apply for reinstatement after......
  • Nicholson, Matter of, Nos. 6
    • United States
    • Supreme Court of Georgia
    • June 27, 1979
    ...N.E.2d 101 (1970)); Rheb v. Bar Assn. of Baltimore City, 186 Md. 200, 46 A.2d 289 (1946); Re Moon, 310 S.W.2d 935 (1958 Mo.); Re MacLeod, 479 S.W.2d 443, cert. den. 409 U.S. 979, 93 S.Ct. 312, 34 L.Ed.2d 243 (1972 Mo.); Re Kline, 156 Mont. 177, 477 P.2d 881 (1970); State ex. rel. Nebraska S......
  • Duncan, In re, No. 75162
    • United States
    • United States State Supreme Court of Missouri
    • December 18, 1992
    ...(Mo. banc 1958); In re McMullin, 370 S.W.2d 151, 155 (Mo. banc 1963); In re Lurkins, 374 S.W.2d 67, 68 (Mo. banc 1964); In re MacLeod, 479 S.W.2d 443, 445 (Mo. banc), cert. denied, 409 U.S. 979, 93 S.Ct. 312, 34 L.Ed.2d 243 (1972); In re Kueter, 501 S.W.2d 486, 487 (Mo. banc Respondent coun......
  • Request a trial to view additional results

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