The following excerpt is from U.S. v. Halfhill, 142 F.3d 446 (9th Cir. 1998):
Before reaching the merits, the court notes that the government has the burden of proving appellant's failure to report was willful by a preponderance of the evidence. See Cheek v. United States, 498 U.S. 192, 201-02, 111 S.Ct. 604, 112 L.Ed.2d 617 (1991)(willfulness requires the government prove, in part, that the law imposed a duty and the defendant knew of this duty). The government has not met its burden if the trier of fact credits the defendant's claim of good faith misunderstanding or ignorance of the law. See id. at 202. Contrary to appellant's argument, the government could prevail without presenting additional evidence beyond that of defendant's knowledge.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.