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Marchetti v. United States

United States Supreme Court
390 U.S. 39 (1968)

Written by Sean Carroll, JD

Facts

Federal law taxed illegal gambling. In order to collect such taxes, federal law required those engaging in illegal gambling to register with the Internal Revenue Service (IRS) and preserve certain records. The IRS generally turned over these records to law enforcement to assist in prosecution. Marchetti (defendant) was engaged in illegal gambling. The United States (plaintiff) charged Marchetti with failing to register and pay taxes on his gambling activity. Marchetti was convicted, and he appealed, arguing that the requirement to register his illegal activities violated his Fifth Amendment privilege against self-incrimination. The United States Court of Appeals for the Second Circuit affirmed the conviction. The United States Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Harlan, J.)

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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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