Opinion · Supreme Court of the United States
James v. United States
366 U.S. 213
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1961-05-15
- Topic
- bankruptcy
How later courts describe this case
- holding that embezzled funds must be included in the embezzler's gross income for Federal income tax purposes in the year in which they were misappropriated
- holding that embezzled funds are included in gross income
- vacating taxpayer’s conviction for failure to report embezzled funds as income because conflicting case-law rendered the predicate tax statute ambiguous when applied to embezzled funds
- requiring taxpayers to report and pay taxes on income derived from both legal and illegal sources
- overruling Comm’r of Internal Revenue v. Wilcox, 327 U.S. 404 (1946), to hold that embezzled funds are income taxable to the embezzler
- upholding federal income tax on embezzled money imposed on person who had pleaded guilty to conspiracy to embezzle under state law
- overruling Commissioner v. Wilcox, 327 U.S. 404, 66 S.Ct. 546, 90 L.Ed. 752 (1946)
- framing question as whether taxpayer’s control over funds resulted in economic value “as a practical matter”
Citator
James v. United States has been questioned or limited by later authorities: relies on overruled authority: 66 S. Ct. 546 (overruled by James v. United States). Read them before relying on it. 855 later decisions cite it.
- Authority status
- caution
- Cited by
- 855 opinions
Headnotes
- Tax Law — Income Embezzled funds are included in the embezzler's "gross income" in the year of misappropriation; a taxpayer who acquires earnings unlawfully, without the consensual recognition of an obligation to repay and without restriction as to their disposition, has received income he is required to report, even though he may be adjudged liable to restore an equivalent amount.
- Tax Law — Income The definition of "gross income" is construed liberally in recognition of Congress's intent to use the full measure of its taxing power and to tax all gains except those specifically exempted; unlawful gains are comprehended within the term "gross income."
- Tax Law — Income A gain constitutes taxable income when its recipient has such control over it that, as a practical matter, he derives readily realizable economic value from it; gross income encompasses all accessions to wealth clearly realized over which the taxpayer has complete dominion.
- Tax Law — Income The fact that a gain is derived from an illegal source does not exclude it from gross income; Congress, in omitting the word "lawful" from the definition of income, manifested its intent to tax income derived from both legal and illegal sources.
- Tax Law — Judicial Precedent Congress's silence, its re-enactment of a statute the Court has construed, or the failure of congressional attempts to amend a rule announced by the Court does not bar the Court from re-examining and correcting its own errors.
- Criminal Law & Procedure — Tax Evasion Willfulness in a criminal prosecution for attempting to evade income tax involves a specific intent that must be proven by independent evidence and cannot be inferred from the mere understatement of income.
- Criminal Law & Procedure — Tax Evasion The element of willfulness cannot be proven in a criminal prosecution for failing to include embezzled funds in gross income in the year of misappropriation where the statute, at the time the alleged crime was committed, was construed to exclude such funds from gross income.
announced the judgment of the Court and an opinion in which
Mr. Justice Brennan and Mr. Justice Stewart concur.The issue before us in this case is whether embezzled funds are to be included in the “gross income” of the embezzler in the year in which the funds are misappro
The facts are not in dispute. The petitioner is a union official who, with another person, embezzled in excess of $738,000 during the years 1951 through 1954 from his employer union and from an insurance company with which the union was doing business.3 Petitioner failed to report these amounts in his gross income in those years and was convicted for willfully attempting to evade the federal income tax due for each of the years 1951 through 1954 in violation of § 145 (b) of the Internal Revenue Code of 19394 and § 7201 of the Internal Rev
In Wilcox, the Court held that embezzled money does not constitute taxable income to the embezzler in the year of the embezzlement under § 22 (a) of the internal Revenue Code of 1939, Six years later, this Court held, in Rutkin v. United States, 343 U. S. 130, that extorted money does constitute taxable income to the extortionist in the year that the money is received under § 22 (a) of the Internal Revenue Code of 1939. In Rutkin, the Court did not overrule Wilcox, but stated:
“Wé do not reach in this case the factual situation involved in Commissioner v. Wilcox, 327 U. S. 404. We limit that case to its facts. There embezzled funds were held not to constitute taxable income to the embezzler under § 22 (a).” Id., at 138.6
However, examination of the reasoning used in Rutkin leads us inescapably to the conclusion that Wilcox was thoroughly devitalized.
The basis for the Wilcox decision was “that a taxable gain is conditioned upon (1) the presence of a claim of right to the alleged gain and (2) the absence of a definite,
Examination of the relevant cases in the courts of appeals lends credence to our conclusion that the Wilcox rationale was effectively vitiated by this Court’s decision in Rutkin,8 Although this case appears to be the first to arise that is “on all fours” with Wilcox, the lower federal courts, in deference to the undisturbed Wilcox holding, have earnestly endeavored to find distinguishing facts in the cases before them which would enable them to include sundry unlawful gains within “gross income.”9
The starting point in all cases dealing with the question of the scope of what is included in “gross income” begins with the basic premise that the purpose of Congress was “to use the full measure of its taxing power.” Helvering
When a taxpayer acquires earnings, lawfully or unlawfully, without the consensual recognition, express or implied, of an obligation to repay and without restriction as to their disposition, “he has received income which he is required to return, even though it may still be claimed that he is not entitled to retain the, money, and even though he may still be adjudged hable to restore its equivalent.” North American Oil v. Burnet, supra, at p. 424. In such case, the taxpayer has “actual command over the property taxed — the actual benefit for which the tax is paid,” Corliss v. Bowers, supra. This standard brings wrongful appropriations within the broad sweep of “gross income”; it excludes loans. When a law-abiding taxpayer mistakenly receives income in one year, which receipt is assailed and found to be invalid in a subsequent
Petitioner contends that the Wilcox rule has been in existence since 1946; that if Congress had intended to change the rule, it would have done so; that there was a general revision of the income tax laws in 1954 without mention of the rule; that a bill to change it11 was introduced in the Eighty-sixth Congress but was not acted upon; that, therefore, we may not change the rule now. But the fact that Congress has remained silent or has re-enacted a statute which we have construed, or that congressional attempts to amend a rule announced by this Court have failed, does not necessarily debar us from re-examining and correcting the Court’s own errors. Girouard v. United States, 328 U. S. 61, 69-70; Helvering v. Hallock, 309 U. S. 106, 119-122. There may have been any number of reasons why Congress acted as it did. Helvering v. Hallock, supra. One of the reasons could well
We believe that Wilcox was wrongly decided and we find nothing in congressional history since then to persuade us that Congress intended to legislate the rule. Thus, we believe that we should now correct the error and the confusion resulting from it, certainly if we do so in a manner that will not prejudice those who might have relied on it. Cf. Helvering v. Hallock, supra, at 119. We should not continue to confound confusion, particularly when the result would be to perpetuate the injustice of relieving embezzlers of the duty of paying income taxes on the money they enrich themselves with through theft while honest people pay their taxes on every conceivable type of income.
But, we are dealing here with a felony conviction under statutes which apply to any person who “willfully” fails to account for his tax or who “willfully” attempts to evade his obligation. In Spies v. United States, 317 U. S. 492, 499, the Court said that § 145 (b) of the 1939 Code embodied “the gravest of offenses against the revenues,” and stated that willfulness must therefore include an evil motive and want of justification in view of all the circumstances. Id., at 498. Willfulness “involves a specific intent which must be proven by independent evidence and which cannot be inferred from the mere understatement of income.” Holland v. United States, 348 U. S. 121, 139.
We believe that the element of willfulness could not be proven in a criminal prosecution for failing to include embezzled funds in gross income in the year of misappropriation so long as the statute contained the gloss placed upon it by Wilcox at the time the alleged crime was
Since Mr. Justice Harlan, Mr. Justice Frank- ' eurter, and Mr. Justice Clark agree with us concerning Wilcox, that case is overruled. Mr. Justice Black, Mr. Justice ' Douglas, and Mr. Justice Whittaker believe that petitioner’s conviction must be reversed and the case dismissed for the reasons stated in their opinions.
Accordingly, the judgment of the Court of Appeals is reversed and the case is remanded to the District Court with directions to dismiss the indictment.
It is so ordered.
§ 22. Gross Income.
“(a) General Definition. — ‘Gross income’ includes gains, profits, and income derived from salaries, wages, or compensation for personal service ... of whatever kind and in whatever form paid, or from professions, vocations, trades, businesses, commerce, or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from interest, rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits and income derived from any source whatever. . . .” (26 U. S. C. (1952 ed.) §22 (a).)
§ 61. Gross Income Defined..
“(a) General Definition. — Except as otherwise provided in this subtitle, gross income means all income from whatever source derived....” (26 U. S. C. §61 (a).)
Petitioner has pleaded guilty to the offense of conspiracy to embezzle in the-Court of Essex County, New Jersey.
§ 145. Penalties.
“ (b) Failure to Collect and Pay Over Tax, or Attempt to Defeat or Evade Tax. — Any person required under this chapter to collect, account for, and pay over any tax imposed by this chapter, who willfully fails to collect or truthfully account for and pay over such tax, and any person who willfully attempts in any manner to evade or defeat any tax imposed by this chapter or the payment thereof, shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, together with the costs of prosecution.” (26 U. S. C. (1952 ed.) § 145 (b).)
§ 7201. Attempt to Evade or Defeat Tax.
“Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than HOjOOO, or imprisoned not more than 5 years, or both, together with the costs of prosecution.” (26 U, S. C. § 7201.)
The dissenters in Rutkin stated that the Court had rejected the Wilcox interpretation of § 22 (a). Id., at 140.
The Government contends that the adoption in Wilcox of a claim of right test as a touchstone of taxability had no support in the prior cases of this Court; that the claim of right test was a doctrine invoked by the Court in aid of the concept of annual accounting, to determine when, not whether, receipts constituted income. See North American Oil v. Burnet, 286 U. S. 417; United States v. Lewis, 340 U. S. 590; Nealy v. Commissioner, 345 U. S. 278. In view of our reasoning set forth below, we need not pass on this contention. The use to which we put the claim of right test here is only to demonstrate that, whatever its validity as a test of whether certain receipts constitute income, it calls for no distinction between Wilcox and Rutkin.
In Marienfeld v. United States, 214 F. 2d 632, the Eighth Circuit stated, “We find it difficult to reconcile the Wilcox case with the later opinion of the Supreme Court in Rutkin . . . .” Id., at 636. The Second Circuit announced, in United States v. Bruswitz, 219 F. 2d 59, “It is difficult to perceive what, if anything, is left of the Wilcox holding after Rutkin ....’’ Id., at 61. The Seventh Circuit’s prior decision in Macias v. Commissioner, 255 F. 2d 23, observed, “If this reasoning [of Rutkin] had been employed in Wilcox, we see no escape from the conclusion that the decision in that case would have been different. In our view, the Court in Rutkin repudiated its holding in Wilcox; certainly it repudiated the reasoning by which the result was reached in that case.” Id., at 26 .
For example, Kann v. Commissioner, 210 F. 2d 247, was differentiated on the following grounds: the taxpayer was never indicted or convicted of embezzlement; there was no adequate proof that the victim did not forgive the misappropriation; the taxpayer was financially able to both pay the income tax and make restitution; the taxpayer would have likely received most of the misappropriated money as dividends. In Marienfeld v. United States, supra, the court believed that the victim was not likely to repudiate. In United States v. Wyss, 239 F. 2d 658, the distinguishing factors were that the district judge had not found as a fact that the taxpayer embezzled the funds and the money had not as yet been reclaimed by the victim. See also
Petitioner urges upon us the case of Alison v. United States, 344 U. S. 167. But that case dealt with the right of the victim of an embezzlement to take a deduction, under § 23 (e) and (f) of the 1939 Code, in the year of the discovery of the embezzlement rather than the year in which, the embezzlement occurred. The Court held only “that the special factual circumstances found by the District Courts in both these cases justify deductions under I. R. C., §§ 23 (e) and (f) and the long-standing Treasury Regulations applicable to embezzlement losses.” Id., at 170. The question of inclusion of embezzled funds in “gross income” was not presented in Alison.
H. R. 8854, 86th Cong., 1st Sess.