Cite as: 527 U. S. 1 (1999)
Opinion of Stevens, J.
facts contesting the omitted element." Ante, at 19. I cannot subscribe to this analysis. However the standard for deciding whether a trial error was harmless is formulated, I understand that there may be disagreement over its application in particular cases. The three contrasting opinions in Arizona v. Fulminante, 499 U. S. 279 (1991), vividly illustrate this point: Justice White stated that the admission of a defendant's coerced confession, by its very nature, could never be harmless, id., at 295-302; Justice Kennedy stated that such evidence can be harmless but that the appellate court "must appreciate the indelible impact a full confession may have on the trier of fact," id., at 313 (opinion concurring in judgment); and The Chief Justice, joined by Justice Scalia, stated that the admission of such evidence presents "a classic case of harmless error" when other evidence points strongly toward guilt, id., at 312 (dissenting opinion). There is, nevertheless, a distinction of true importance between a harmless-error test that focuses on what the jury did decide, rather than on what appellate judges think the jury would have decided if given an opportunity to pass on an issue. That is why, in my view, the "harmless-error doctrine may enable a court to remove a taint from proceedings in order to preserve a jury's findings, but it cannot constitutionally supplement those findings." Pope v. Illinois, 481 U. S. 497, 509 (1987) (Stevens, J., dissenting).
The Court of Appeals' judgment could, and should, be affirmed on the ground that the jury verdict in this case necessarily included a finding that petitioner's tax returns were not "true and correct as to every material matter." I therefore cannot join the analysis in Part II of the Court's opinion, which—without explaining why the jury failed necessarily to find a material omission—states that judges may find elements of an offense satisfied whenever the defendant failed to contest the element or raise evidence sufficient to support a contrary finding. My views on this central issue are thus close to those expressed by Justice Scalia, but I do not
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