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Failure to File Income Tax - Not a Crime?
"We'd better not
let the word get out...We'll keep it among ourselves."
- Chief
Justice William Rhenquist
By: David Deschesne
Fort
Fairfield Journal April 12, 2006, p. 1
In the oral
arguments at the US Supreme Court for United
States vs. Craft (No.
00-1831) In 2002, the following dialogue between the now late Chief Justice
Rhenquist and U.S. Attorney Kent Jones took place regarding the criminality of
failure to file income tax:
RHENQUIST: What
about criminal procedures? Are there any criminal procedures for --- failure,
continued failure to file--
MR JONES: Of
course, if you file a return, then you're not exposing yourself to any criminal
obligations, and if you don't file a return, it would be -- I'm not familiar
with a statute that makes that a crime by itself...I'm not an expert on criminal
tax matters, but it's my impression that that would not by itself be a crime.
RHENQUIST: We'd
better not let the word get out. I thought it was a crime, but I'll check.
(Laughter)
MR. JONES: All
right, well, I stand --
RHENQUIST: We'll
keep it among ourselves.
The complete transcript
of this oral argument in the U.S. Supreme Court can be found at:
http://www.supremecourt.gov/oral_arguments/argument_transcripts/00-1831.pdf (see note, below)
The text quoted comes from page 6, lines 7 through 24 at that site.
The Fort
Fairfield Journal
encourages the reporting and payment of all lawful taxes.
pdf file of pages 1-6, plus screen shot of U.S. v. Craft oral arguments