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UNITED STATES v. SMITH

No. 79-5309.

618 F.2d 280 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Morris Reid SMITH, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 2, 1980.

Attorney(s) appearing for the Case

Raymond C. Caballero, El Paso, Tex. (Court-appointed on appeal only) for defendant-appellant.

Jamie C. Boyd, U. S. Atty., LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before DYER, RUBIN and POLITZ, Circuit Judges.

PER CURIAM:

Believing the federal income tax to be immoral and unconstitutional, Smith expressed his displeasure by filing two forms 1040 containing zeros on every line, falsely claiming nineteen withholding exemptions on two forms W-4, and signing a form W-4E by which he falsely swore to the nonexistence of taxable income in the preceding year. Smith was indicted and, following a trial by jury, convicted of two counts of violating I.R.C. § 7203 (relating to...

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