marchetti argued october decided january petitioner convicted conspiring evade payment occupational tax relating wagers imposed evading payment failing comply requires liable occupational tax register annually internal revenue service supply detailed information special form prescribed provisions interrelated statutory system taxing wagers registrants must conspicuously post business places keep persons stamps showing payment tax maintain daily wagering records keep books open inspection payment occupational taxes declared exempt persons federal state laws broadly proscribe wagering federal tax authorities required furnish prosecuting officers lists paid occupational tax petitioner whose alleged wagering activities subjected possible state federal prosecution contended statutory requirements register pay occupational tax violated privilege appeals affirmed relying kahriger lewis held privilege unavailable situation like one involved held recognized principle taxes may imposed upon unlawful activities issue petitioner assertion fifth amendment privilege barred prosecution violating federal wagering tax statutes pp requirements registration payment occupational tax direct unmistakable consequence incriminating petitioner pp petitioner waive constitutional privilege failing assert tax payments due pp kahriger supra lewis supra pro tanto overruled pp premises supporting shapiro records analogous public documents kind regulated party customarily kept statutory requirements essentially regulatory rather aimed particular group suspected criminal activities apply facts case therefore shapiro required records doctrine controlling pp permitting continued enforcement registration occupational tax provisions imposing restrictions use prosecuting authorities information obtained thereunder might improperly contravene congress purpose adopting wagering taxes impede enforcement state gambling laws pp jacob zeldes reargued cause petitioner brief reargument david goldstein elaine amendola francis king ira grudberg original argument goldstein king grudberg francis beytagh reargued cause pro hac vice brief reargument acting solicitor general spritzer assistant attorney general vinson beatrice rosenberg jerome feit original argument solicitor general marshall assistant attorney general vinson miss rosenberg theodore george gilinsky justice harlan delivered opinion petitioner convicted district district connecticut two indictments charged violations federal wagering tax statutes first indictment averred petitioner others conspired evade payment annual occupational tax imposed second indictment included two counts first alleged willful failure pay occupational tax second willful failure register required engaging business accepting wagers verdict petitioner unsuccessfully sought arrest judgment part basis statutory obligations register pay occupational tax violated fifth amendment privilege appeals second circuit affirmed authority kahriger lewis granted certiorari constitutionality fifth amendment pertinent provisions wagering tax statutes particularly consider whether kahriger lewis still vitality reasons follow concluded provisions may employed punish criminally persons defended failure comply requirements proper assertion privilege judgment accordingly reversed taxes supplemented ancillary provisions calculated assure collection particular requires liable occupational tax register year director local internal revenue district registrants must submit internal revenue service form upon must provide residence business addresses must indicate whether engaged business accepting wagers must list names addresses agents employees statutory obligations register pay occupational tax essentially inseparable elements single registration procedure form thus constitutes application registration return occupational tax addition registrants obliged post revenue stamps denote payment occupational tax conspicuously principal places business lack places keep stamps persons exhibit upon demand treasury officer required preserve daily records indicating gross amount wagers liable taxation permit inspection books account moreover principal internal revenue office instructed maintain public inspection listing paid occupational tax provide certified copies listing upon request state local prosecuting officer finally payment wagering taxes declared exempt person penalty provided law state engaging taxable activity ii wagering ancillary activities widely prohibited federal state law federal statutes impose criminal penalties upon interstate transmission wagering information upon interstate foreign travel transportation aid racketeering enterprises defined include gambling upon lotteries conducted use mails broadcasting upon interstate transportation wagering paraphernalia state local enactments comprehensive laws every state except nevada include broad prohibitions gambling wagering associated activities every state forbids essentially minor carefully circumscribed exceptions lotteries even nevada permits many forms gambling retains criminal penalties upon lotteries certain wagering activities taxable statutes rev stat connecticut petitioner allegedly conducted activities adopted variety measures punishment gambling wagering punishes ny person whether principal agent servant owns possesses keeps manages maintains occupies premises employed purposes wagering pool selling stat rev imposes criminal penalties upon person possesses keeps maintains premises policy playing occurs lotteries conducted upon person becomes custodian books property appliances apparatus employed wagering stat rev see also provides additional penalties conspire organize conduct unlawful wagering activities stat rev every aspect petitioner wagering activities thus subjected possible state federal prosecution standard connecticut throughout wagering area permeated criminal statutes engaged wagering group inherently suspect criminal activities albertson sacb information obtained consequence federal wagering tax laws readily available assist efforts state federal authorities enforce penalties section title requires principal internal revenue offices provide prosecuting officers listing paid occupational tax section obliges taxpayers either post revenue stamp conspicuously principal places business keep persons produce demand treasury officers evidence possession federal wagering tax stamp payment wagering taxes often admitted trial state federal prosecutions gambling offenses evidence doubtless proved useful even frequently lead prosecuting authorities evidence upon convictions subsequently obtained finally obliged notice former commissioner internal revenue acknowledged service makes available law enforcement agencies names addresses paid wagering taxes full cooperation efforts attorney general suppress organized gambling caplin gambling business federal taxes crime delin circumstances scarcely denied obligations register pay occupational tax created petitioner real appreciable merely imaginary unsubstantial hazards reg boyes brown walker rogers petitioner confronted comprehensive system federal state prohibitions wagering activities required pain criminal prosecution provide information might reasonably suppose available prosecuting authorities surely prove significant link chain evidence tending establish guilt unlike income tax return question sullivan every portion requirements direct unmistakable consequence incriminating petitioner application constitutional privilege entire registration procedure instance neither extreme extravagant see appear follow petitioner assertion privilege defense prosecution entirely proper accordingly sufficed prevent conviction nonetheless twice concluded privilege may appropriately asserted petitioner circumstances kahriger supra lewis supra must therefore consider whether cases continuing force light recent decisions moreover must also consider relevance certain collateral lines authority particular must determine whether either required records doctrine shapiro restrictions placed upon use prosecuting authorities information obtained consequence wagering taxes cf murphy waterfront commission utilized preclude assertion constitutional privilege situation questions turn iii sullivan evidently concerned first claim unwarranted extension scope privilege second accept claim privilege asserted time return due make taxpayer rather tribunal final arbiter merits claim albertson sacb neither reason suffices prevent petitioner assertion privilege first indicated inapplicable find second unpersuasive situation every element requirements served incriminate petitioner required present claim treasury officers obliged prove guilt avoid admitting kahriger supra concurring opinion circumstances conclude failure assert privilege treasury officials moment tax payments due irretrievably abandoned constitutional protection petitioner sentence violation statutory requirements consistently asserted trial unconstitutional required held lewis registration occupational tax requirements infringe constitutional privilege compel merely impose gambler initial choice whether wishes cost constitutional privilege commence wagering activities reasoned even required disclosures might prove incriminating gambler need register pay occupational tax elects cease never begin gambling said constitutional right gamble find reasoning longer persuasive question whether petitioner holds right violate state law whether done may compelled give evidence constitutional privilege intended shield guilty imprudent well innocent foresighted inference antecedent choice alone enough abrogate privilege protection excluded situations historically guaranteed withheld require inferences bottomed must ordinarily fiction precisely infirmities found circumstances implied uniformed waivers privilege said occurred see carnley cochran compare johnson zerbst glasser give credence waivers without deliberate examination circumstances surrounding ultimately license widespread erosion privilege ingeniously drawn legislation morgan privilege rev agree constitutional privilege meaningfully waived merely inherently suspect criminal activities commanded either cease wagering provide information incriminating ultimately elected neither held kahriger lewis registration occupational tax requirements entirely prospective application constitutional privilege since offers protection past present acts accordingly unavailable reasoning appears us twice deficient first overlooks hazards incrimination past present acts second hinged upon excessively narrow view scope constitutional privilege substantial hazards incrimination past present acts plainly may stem requirements register pay occupational tax see generally mckee fifth amendment federal gambling tax duke first place satisfaction requirements increases likelihood past present gambling offenses discovered successfully prosecuted centers attention upon registrant gambler compels injurious disclosure may provide assist collection evidence admissible prosecution past present offenses offenses need include actual gambling might involve custody transportation gambling paraphernalia preparations future gambling acquisition federal gambling tax stamp requiring declaration present intent commence gambling activities obliges even prospective gambler accuse conspiracy violate either state gambling prohibitions federal laws forbidding use interstate facilities gambling purposes see acklen state second fundamental deficiency reasoning kahriger lewis linchpin plainly premise privilege entirely inapplicable prospective acts kahriger vouch authority generalization wigmore evidence ed see warrant rigorous constraint upon constitutional privilege history sure offers ready illustrations privilege application prospective acts occasions claims might appropriately made must necessarily infrequent event bid view constitutional commands organic living institutions whose significance vital formal gompers central standard privilege application whether claimant confronted substantial real merely trifling imaginary hazards incrimination rogers brown walker principle permit rigid chronological distinction adopted kahriger lewis see reason suppose force constitutional prohibition diminished merely confession guilty purpose precedes act subsequently employed evidence yet factual situations privilege may claimed inflexibly defined chronological formula policies constitutional privilege intended serve easily evaded moreover although prospective acts doubtless ordinarily involve speculative insubstantial risks incrimination scarcely always prove true shall show true conclude mere time law must look substantiality risks incrimination hazards incrimination created future acts trifling imaginary prospective registrants reasonably expect registration payment occupational tax significantly enhance likelihood prosecution future acts readily provide evidence facilitate convictions indeed reasonably fear registration acquisition wagering tax stamp may serve decisive evidence fact subsequently violated state gambling prohibitions compare code tit code ann supp insubstantial claims privilege entirely prospective acts may certainly asserted claims need considered litigant temerity pursue conclude nothing opinions kahriger lewis suffices preclude petitioner assertion constitutional privilege defense indictments convicted extent kahriger lewis overruled iv certiorari held confer immunity upon petitioner properly claim protection privilege records required administrative regulation preserve second question relied upon cases held custodian public records may assert privilege records reiterated dictum wilson suggesting privilege exists private papers maintained relation records required law kept order may suitable information transactions appropriate subjects governmental regulation enforcement restrictions validly established considered doubted records question public aspects thus held petitioner custodian properly assert privilege think neither shapiro cases upon relied applicable compare generally note required information privilege rev mckay new privacy sup rev moreover find unnecessary present purposes pursue detail question left unanswered shapiro limits government constitutionally exceed requiring keeping records enough significant points difference situations shapiro instance preclude formulation appropriate application required records doctrine three principal elements doctrine described shapiro absent situation first petitioner marchetti provisions issue obliged keep preserve records kind customarily kept required simply provide information unrelated records may maintained wagering activities requirement significantly different demand provide oral testimony compare mckay supra second whatever public aspects records issue shapiro none information demanded marchetti government anxiety obtain information known private individual without render information public room remain application constitutional privilege stamp information public character government formalized demands attire statute alone sufficient constitutional privilege entirely abrogated act congress third requirements issue shapiro imposed essentially regulatory area inquiry directed selective group inherently suspect criminal activities cf albertson sacb principal interest evidently collection revenue punishment gamblers see calamaro characteristics activities information sought composition groups inquiries made readily distinguish situation shapiro need explore elements limitations shapiro cases involving public papers points difference combination preclude appropriate application cases present one constitution course obliges give full recognition taxing powers measures reasonably incidental exercise equally obliged give full effect constitutional restrictions attend exercise powers said doubt congress power tax activities wholly part unlawful doubted privilege may properly asserted protection granted broad extent scope effect privilege counselman hitchcock government suggestion thus principle attractive apparently practical resolution difficult problem us compare mansfield albertson case conflict privilege government need information sup rev mckay supra nonetheless think entirely inappropriate circumstances impose restrictions terms wagering tax system make quite plain congress intended information obtained consequence registration payment occupational tax provided interested prosecuting authorities see evidently consistent practice revenue service must therefore assume imposition directly preclude effectuation significant element congress purposes adopting wagering taxes moreover imposition restrictions necessarily oblige state prosecuting authorities establish case evidence untainted connection information obtained consequence wagering taxes federal requirements thus protected cost hampering perhaps seriously enforcement state prohibitions gambling know congress assess competing demands federal treasury state gambling prohibitions however entirely certain constitution entrusted congress task striking appropriate balance among values therefore must decide improper impose restrictions kind urged vi nonetheless conclude wagering tax system presently written petitioner properly asserted privilege assertion provided complete defense prosecution defense reached substantive counts failure register pay occupational tax count conspiracy evade payment tax emphasize hold wagering tax provisions constitutionally impermissible hold properly assert constitutional privilege provisions may criminally punished failure comply requirements different circumstances taxpayer confronted substantial hazards otherwise outside privilege protection nothing decide today shield various penalties prescribed wagering tax statutes judgment appeals reversed concurring opinion justice brennan see post concurring opinion justice stewart see post dissenting opinion chief justice warren see post footnotes july revision form modified form certain questions record indicate version return available petitioner time omissions convicted minor verbal variations two affect result reach today treasury regulations provide stamp evidencing payment occupational tax may issued unless taxpayer submits form tenders full amount tax cfr accordingly revenue service refused accept tax unless accompanied completed registration form consistently upheld practice see whiting mungiole combs snyder supp aff case acknowledged registration occupational tax provisions realistically severable brief reargument trial testimony grosso decided herewith post dean struble technical advisor district director internal revenue pittsburgh pennsylvania described form follows form serves two purposes first application registry wagering tax stamp application properly filed tax paid time form becomes special tax return transcript record following illustrate state gambling wagering statutes one engaged activities taxable federal provisions issue might incur criminal penalties code tit alaska laws tit rev stat ann ark stat tit cal pen code rev stat art del code tit code ann fla code hawaii rev laws idaho code tit rev art ind ann tit iowa code stat art rev stat la rev stat rev stat tit md ann code art mass laws stat ann stat miss code ann mo rev stat mont rev codes tit neb rev stat rev stat rev stat rev tit stat art pen law art stat cent code ohio rev code stat tit rev stat stat tit laws tit code tit art code tit code tit tex pen code utah code tit stat tit subch code tit art rev code tit code art wis wyo stat tit art statutes course vary terms scope variations scarcely detract breadth prevalence penalties combination create new hampshire conducts state sweepstakes imposes broad criminal penalties upon privately operated lotteries rev stat following illustrate state statutes impose criminal penalties upon lottery activities taxable federal statutes code tit alaska laws rev stat ann ark stat ann cal pen code rev stat art del code tit code ann stat code hawaii rev laws idaho code tit rev art ind ann tit iowa code stat art rev stat la rev stat rev stat tit md ann code art mass laws stat miss code ann mo rev stat mont rev codes tit neb rev stat rev tit stat art pen law art stat cent code ohio rev code stat tit rev stat stat tit laws tit code tit art code tit code ann tex pen code art utah code tit stat tit subch code tit art rev code tit code art wis wyo stat tit art see irvine california zizzo commonwealth fiorini super state curry ohio app state reinhardt la griggs state app mcclary state see also state baum la one state gone step facilitate enforcement gambling prohibitions federal wagering tax illinois requires holder wagering tax stamp register clerk county resides conducts business imposes fines imprisonment upon rev metaphor found opinions lord eldon paxton douglas ves chief justice marshall burr willie fed cas must note municipalities undertaken punish compliance federal wagering tax statutes even direct fashion alabama created statutory presumption possessors federal wagering tax stamps violation state law code tit florida adopted similar statute laws subsequently declared unconstitutional florida jefferson sweat tennessee upheld ordinance adopted city chattanooga makes possession federal tax stamp misdemeanor deitch city chattanooga see similar provision rev kansas city missouri kansas city lee georgia recently provided statute possession purchase federal wagering tax stamp prima facie evidence guilt professional gambling code ann supp see similar rule mcclary state supra hoffman presume referred following compulsory rule law merely requires beforehand future report class future acts among particular one may may future criminal choice party reporting wigmore supra see morgan supra mckay new privacy sup rev fact quoted reiteration wilson dictum included davis urged case reached shapiro simply petitioner required submit reports maintain records insofar intended suggest crucial issue respecting applicability shapiro method information reaches government unable accept distinction perceive meaningful difference obligation maintain records inspection obligation supplemented requirement records filed periodically officers believe argued shapiro egulations permit records retained rather filed largely convenience persons regulated brief october term section reads follows principal internal revenue office internal revenue district shall kept public inspection alphabetical list names persons paid special taxes subtitle within district list shall prepared kept pursuant regulations prescribed secretary delegate shall contain time place business special taxes paid upon application prosecuting officer state county municipality shall furnished certified copy thereof public record fee words fraction thereof copy copies requested may charged special taxes section refers include occupational tax imposed requirement embodied adopted prior special occupational tax wagering congress plainly indicated adopted latter understood wished state prosecuting authorities provided lists paid wagering tax see required showing part restrictions imposed murphy acknowledged less imperative brief emphasized suffice simply sever see cf warren mayor charlestown gray carter carter coal required merely strike words insert words statute analogous circumstances reese extent substitute judicial legislative department government limit statute manner asked make new law enforce old one part duty