The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Tuesday, December 16, 1952
Decision: Monday, March 9, 1953

Advocates

Not available

Facts of the Case

In 1951, Congress adopted the Gamblers' Occupational Tax Act which required gamblers to register with the Collector of Internal Revenue and levied a tax on their gambling income.

Question

Did the Act violate the Fifth and Tenth Amendments?

Conclusion

The Court upheld the law. Justice Reed argued that the law did not violate a person's Fifth Amendment right against self-incrimination because under its registration provisions, individuals were "not compelled to confess to acts already committed." The statute simply informed people who wanted to "engage in the business of wagering" that they would be required to "fulfill certain conditions." The Tenth Amendment was not offended as Reed found that the tax produced revenue and was not inconsistent with similar taxes which the Court had previously approved.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 6 - 3
Voted with the minority, joined Black's dissent, authored a dissent
Douglas
Voted with the minority, authored a dissent
Black
Voted with the minority, authored a dissent
Frankfurter
Voted with the majority, authored a concurrence
Jackson
Voted with the majority
Clark
Voted with the majority
Minton
Voted with the majority
Burton
Voted with the majority
Reed
Voted with the majority
Vinson

Cite this page

The Oyez Project, United States v. Kahriger, 345 U.S. 22 (1953),
available at: <http://www.oyez.org/cases/1950-1959/1952/1952_167/>
(last visited ).