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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: 

www.supremecourtus.gov/oral_arguments/argument_transcripts/00-1831.pdf

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.