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- NATION, Page 47American NotesTAXESA Cheeky Defense
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- 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.
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- 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."
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