NESARA
The National Economic Stabilization and Recovery Act

Monetary and fiscal policy reform that will double the standard of living for every American
within one generation and restore economic and social prosperity across the land.

 
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Court Cases Cited Within This Web Site
Cheek v. United States, 498 U.S. 192 (1991)
 

Cheek was charged with willfully failing to file a federal income tax return and willfully attempting to evade income taxes. Although admitting he had filed no returns, Cheek testified he had not acted willfully because he sincerely believed, based on his indoctrination by a group believing the federal tax system is unconstitutional and his own study, that the tax laws were being unconstitutionally enforced and that his actions were lawful.

In instructing the jury, the court stated that an honest but unreasonable belief is not a defense, and does not negate willfulness, and that Cheek’s beliefs that wages are not income and that he was not a taxpayer within the meaning of the Code were not objectively reasonable. The court also instructed the jury that a person’s opinion that the tax laws violate his constitutional rights does not constitute a good-faith misunderstanding of the law. Cheek was convicted, and the Court of Appeals affirmed.

The Supreme Court disagreed with the good-faith jury instructions and stated that a good-faith belief does indeed negate willfulness, and that the jury should have been instructed as such. The Supreme Court stated that if the jury had believed Cheek’s good-faith belief was sincere, then the plaintiff would have failed to carry the burden of proof to those particular charges. Forbidding a jury to consider evidence that might negate willfulness would raise a serious question under the Sixth Amendment’s jury trial provision. The Supreme Court reviewed three cases in which the term willfulness had been previously defined by the Supreme Court: United States v. Murdock, 290 U.S. 389 (1933), United States v. Bishop, 412 U.S. 346 (1973), United States v. Pomponio, 429 U.S. 10 (1976). However, one must understand that negating willfulness does not mean no law was violated. A good-faith belief only negates the willful part of the charges. The case was remanded with that directive, and Cheek was convicted nonetheless.

Of course, Cheek was attempting to prove a negative. The burden of proof was on the plaintiff to prove Cheek had a requirement to file, not on Cheek to prove he did not. This should have been Cheek’s defense.

Full Text: Cheek v. United States, 498 U.S. 192 (1991)

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