· 5/16/1994
United States v. Jimmy D. Morris, Franklin W. Briggs
Citations
- 20 F.3d 1111
- 73 A.F.T.R.2d (RIA) 2111
- 1994 U.S. App. LEXIS 10755
- 1994 WL 157070
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that it was error for the district court to refuse to give a general good faith jury instruction at all
- holding that a jury instruction compromised the appellants’ good-faith argument because it did not “make clear that a good-faith belief by the appellants that they were complying with the tax laws, whether or not objectively reasonable, negates the specific intent element”
- holding that mandatory consecutive sentences imposed by statute do not violate the Eighth Amendment and that, 21 “as long as the sentence imposed on a defendant does not exceed statutory limits, this court will not overturn it on Eighth Amendment grounds”
- noting that good-faith belief that defendant complied with tax laws is a complete defense to willfully filing a false tax return
- construing 26 U.S.C. § 7206(1), which requires proof of specific intent or willfulness, and recognizing good faith to be a viable defense to such a charged crime
- “The government ... must prove that each of the defendants knew that the law placed a duty on him and that he voluntarily and intentionally violated that duty.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Anderson, Birch, Atkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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