United States v. Thompson/Center Arms Co., 504 U.S. 505, 7 (1992)

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Cite as: 504 U. S. 505 (1992)

Opinion of Souter, J.

firearm, either under the definition of rifle at issue here or under similar statutory language. See United States v. Drasen, supra; United States v. Endicott, 803 F. 2d 506, 508- 509 (CA9 1986) (unassembled silencer is a silencer); United States v. Luce, 726 F. 2d 47, 48-49 (CA1 1984) (same); United States v. Lauchli, 371 F. 2d 303, 311-313 (CA7 1966) (unassembled machineguns are machineguns).3 We thus reject the broad language of the Court of Appeals for the Federal Circuit to the extent that it would mean that a disassembled complete short-barreled rifle kit must be assembled before it has been "made" into a short-barreled rifle. The fact that the statute would serve almost no purpose if this were the rule only confirms the reading we have given it.4

We also think that a firearm is "made" on facts one step removed from the paradigm of the aggregated parts that can be used for nothing except assembling a firearm. Two courts to our knowledge have dealt in some way with claims that when a gun other than a firearm was placed together

3 In Drasen, a complete-parts kit was sold with a flash suppressor, which, if affixed to the rifle barrel, would have extended it beyond the regulated length. See Drasen, 845 F. 2d, at 737. Because the Drasen court concluded that such a flash suppressor was not a part of the rifle's barrel, see ibid., its holding is consistent with ours.

4 We do not accept the Government's suggestion, however, that complete-parts kits must be taxable because otherwise manufacturers will be able to "avoid the tax." Brief for United States 11. Rather, we conclude that such kits are within the definition of the taxable item. Failure to pay the tax on such a kit thus would amount to evasion, not avoidance. In our system, avoidance of a tax by remaining outside the ambit of the law that imposes it is every person's right. "Over and over again courts have said that there is nothing sinister in so arranging one's affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant." Commissioner v. Newman, 159 F. 2d 848, 850-851 (CA2) (L. Hand, J., dissenting), cert. denied, 331 U. S. 859 (1947).

511

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