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TIME: Almanac 1993
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TIME Almanac 1993.iso
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012191
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0121101.000
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1992-08-28
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NATION, Page 47American NotesTAXESA Cheeky Defense
In most cases, ignorance of the law is no excuse. But the
U.S. Supreme Court made a rare exception last week, when it
ruled that individuals may not be convicted of federal criminal
tax violations if they sincerely believe they are exempt from
income tax laws. The 6-to-2 decision set aside the one-year
prison sentence and five years of probation imposed on American
Airlines pilot John Cheek, who filed no returns for six years.
Cheek's defense: he claimed that his salary was not taxable
under the IRS code because he believed only gains or profits
are income.
Tax chiselers are not expected to benefit much from similar
pleas. The decision does not change the obligation of all
nonpayers to pay any back taxes due, plus interest and
applicable civil penalties. Last week's ruling affects only
criminal convictions, which must be based on "willful"
violations. Still, dissenting Justice Harry Blackmun blasted
the court for encouraging "taxpayers to cling to frivolous
views of the law."