Marcella Brooks served as foreman of the jury in the trial of Whitey Harrell. Her account of the deliberations of this jury is both powerful and stirring due to the facts of the situation, combined with her tremendous personal credibility.
Personally, I find these fourteen minutes to be one of the most powerful accounts anyone could show to those who doubt the legitimacy of issues raised by the Tax Movement.
A complete copy of the June 29, 2000, Legality of Income Tax Conference video may be obtained at the We the People Foundation Web site, by email at acta@capital.net or by telephone at (518) 656-3578.
Joined: 22 Feb 2006 Posts: 8187 Location: Fingerlakes - NY usa
Jury Acquits Wesley Snipes of Tax Fraud
Snipes was acquitted by a jury in Ocala, Florida on federal tax fraud and conspiracy charges. Snipes has however, been convicted of failing to file tax returns from 1999 to 2004. Snipes lawyers say he was the victim of crooked advisers. Snipes is facing up to 3 years in prison.
Sat Feb 02, 2008 7:15 am
Sponsor
madthumbs
Joined: 22 Feb 2006 Posts: 8187 Location: Fingerlakes - NY usa
Judge Denies Tax Evader's Request To Vacate Sentence
Quote:
POSTED: 2:12 pm EST February 4, 2008
CONCORD, N.H. -- A tax evader who had spent months holed up in his fortress-like house before authorities took him into custody has been denied requests to set aside his sentence and to provide him free transcripts of his trial.
Ed who hid 1.9 million dollars in income claims to be poor and wants the courts to pay for transcripts to be sent to him even after the sentence and conviction were "final".
Feb. 20, 2008, 6:44PM
By ROBERT SCHMIDT
Bloomberg News
The Justice Department, on the heels of a split verdict in its tax evasion prosecution of actor Wesley Snipes, is planning a crackdown on the so-called tax protester movement.
The protesters, or tax deniers, assert a constitutional right to avoid federal taxes, relying in part on century-old Supreme Court decisions. Their ranks are growing to include white-collar professionals, and they are costing the government millions in revenue, officials say.
"Too many people succumb to the fallacy, the illusion, that you don't have to pay any tax under any set of conditions," said Assistant Attorney General Nathan Hochman, the new head of the Justice Department's tax division. "That is a growing problem."
The movement has been given a boost by the faltering economy and politicians' vilification of the Internal Revenue Service. The Snipes verdict may also have helped.
The actor, best known for starring in action movies like Blade and U.S. Marshals, was acquitted on Feb. 1 by a federal jury in Ocala, Fla., of felony fraud and conspiracy charges.
He was convicted on three misdemeanor counts of failing to pay income taxes, and he faces up to three years in prison at his sentencing in April. He could also be forced to pay millions in back taxes and penalties.
Hochman declined to comment on the case, which was filed in 2006 and predated the department's new initiative.
Snipes' attorney didn't return a call seeking comment.
Internet inspires growth
The Internet has also spurred interest in the tax protest movement as firms sell strategies online and believers encourage others to sign on.
"Any kooky tax protester can put up their theories," said Jonathan Siegel, a professor at George Washington University's law school who has a Web site that debunks tax denier arguments. "It is much easier to get their message before a mass audience."
Tax protesters rely on a range of legal arguments, including that the Constitution's 16th Amendment giving Congress power to "lay and collect taxes on incomes" wasn't properly ratified.
Among other Supreme Court decisions, they cite an 1895 opinion that struck down a federal tax — a ruling that predated the 16th amendment. The protesters also claim that wages aren't legal income, that only residents of the District of Columbia, U.S. territories or federal workers must pay income tax or that foreign, but not domestic, income is taxable.
Those arguments, though rejected by courts, are presented by tax deniers with legal citations and other historical evidence.
The advice is "easy to believe" and is often followed by the naive, Hochman said. "These cases pop up in virtually every jurisdiction in the United States."
New cases coming
The Justice Department plans to announce its stepped-up enforcement program next month. Officials will bring many new criminal and civil cases against promoters of the illegal schemes and their clients, Hochman said.
The details are still being worked out, he said, though it will involve working with U.S. attorneys' offices and the IRS. Enforcement "is going to be amped up," he said.
The agency already has had success in civil cases. Since 2001 it has obtained orders from judges barring more than 300 individuals from preparing tax returns for others or promoting illegal tax strategies.
In prosecuting criminal cases, the Justice Department must prove someone "knowingly and willfully" broke the law. Defendants can win acquittal by arguing they didn't know what they were doing was illegal.
Still, according to agency statistics, prosecutors have a 97 percent conviction rate in tax denier cases. In civil and criminal cases, protesters can be ordered to pay back taxes, plus penalties and interest.
Shared beliefs
According to court documents, Snipes subscribed to some of the theories espoused by protesters. Two others charged in the case, Eddie Ray Kahn and Douglas Rosile, promoted a tax denial strategy known as the 861 argument, prosecutors said.
Protesters say that section 861 of the Internal Revenue Code only requires Americans to pay taxes on some kinds of foreign income. Snipes also allegedly tried to pay some of his taxes with fake checks, labeled "bill of exchange," a common tax denier tactic.
The government said Kahn and Rosile prepared and filed two amended tax returns for Snipes using the 861 theory and requesting almost $12 million in refunds. The IRS never paid.
Snipes also failed to file his 1999 through 2004 federal returns as he made more than $38 million in income, prosecutors said.
Kahn and Rosile, an accountant whose license had been revoked, were convicted of conspiracy to defraud the IRS and face up to 10 years in prison.
Michael Minns, an attorney in Houston who has represented defendants in tax cases, said tax deniers tend to fall into two categories: "con artists" or "crooks" who market the bogus strategies, and "idealists" who believe the schemes are valid.
The Justice Department crackdown, Minns said, is going to "put a lot of nuts in jail" without addressing larger concerns such as corporations using illegal tax shelters or wealthy people moving money overseas to avoid taxes.
"What they are really doing is going after the victims and leaving the billionaires alone," he said.
Fri Feb 22, 2008 7:10 am
Sponsor
madthumbs
Joined: 22 Feb 2006 Posts: 8187 Location: Fingerlakes - NY usa
Anyway, the affidavit claims conspiracy, and three other "violations". However, after all was said and done they came up with willful failure to file. Those of you that know the law know that we have an excellent chance to win this case. Without getting into any details of our strategy, I have retained Larry Becraft (that handled Vernie Kuglin's case) and a local attorney to help me. We will work to obtain the same outcome as Vernie.
I will need help paying legal fees. I have already taken out a signature loan, but I have no equity in my home and can't refinance for any funds.
The IRS survives on the absolute misapplication of the laws and also the assumption that just because the average working American earns a livng, all of those earnings are taxable. Well, that is NOT what the law says... and America better wake up to this before it's too late! Please share this video with everyone you know!
Portland Couple Have Refused to Pay Taxes for Over 30 Years
Quote:
Today is April 15th, Tax Day, a day when tens of millions of Americans scramble to file their income taxes on time. It’s also a day when people across the country are planning to protest the use of tax dollars to fund war. A recent study shows that more than 40 percent of every income tax dollar in 2007 went towards military spending. We speak with Pat and John Schwiebert, a Portland couple who have refused to pay their taxes for the past thirty years to protest military spending
OCALA, Fla. — A federal judge on Thursday sentenced the actor Wesley Snipes to three years in prison for willfully failing to file tax returns.
Mr. Snipes, who was convicted in February, received one year for each count, to be served consecutively, and an additional year of probation. The sentence was handed down by Judge William Terrell Hodges of Federal District Court.
Mr. Snipes, who apologized for his actions before the sentence was announced, showed no immediate reaction to the verdict.
Judge Hodges allowed Mr. Snipes and a co-defendant, Douglas Rosile, to remain free on bond until they were summoned by either the United States Marshals Service or the Federal Bureau of Prisons.
The sentencing came at the end of a daylong hearing in which lawyers for Mr. Snipes argued for leniency while federal prosecutors sought the maximum penalty possible.
The case was the most prominent tax prosecution since the billionaire hotelier Leona Helmsley was convicted of tax fraud in 1989. Mr. Snipes, who has built a worldwide following acting in films like the “Blade” vampire trilogy, must pay up to $17 million in back taxes plus penalties and interest.
In a prepared statement, Mr. Snipes said: “I’m very sorry for my mistakes. I acknowledge that I have failed myself and others.” But in the statement, which ran to nearly 10 minutes, Mr. Snipes never mentioned the words “tax” or “taxes.”
“He never stated he didn’t pay his taxes or show any remorse for it,” said Robert O’Neill, the acting United States attorney for the Middle District of Florida, the lead prosecutor on the case.
Mr. Snipes even tried to make a down payment on his taxes before sentencing; his legal team offered Judge Hodges three checks totaling $5 million.
Judge Hodges refused the checks, saying he did not have the authority to accept them. Prosecutors also declined to accept the checks. An Internal Revenue Service employee eventually accepted the checks on behalf of the Treasury Department.
Mr. Snipes’s legal team also questioned the validity of federal sentencing guidelines. At one point, one of his lawyers, Carmen Hernandez, described herself as “an expert on sentencing.”
Judge Hodges replied, “If I may be so bold, I’ve also had some experience with that.”
A jury found Mr. Snipes guilty on Feb. 1 of three misdemeanor counts of willfully failing to file tax returns, but acquitted him of felony conspiracy and tax fraud charges and three additional counts of failure to file.
The jury also convicted two co-defendants, Eddie Ray Kahn and Mr. Rosile, on felony charges.
Mr. Snipes was a member of American Rights Litigators, an organization founded by Mr. Kahn. Prosecutors have described that organization and its successor company, Guiding Light of God Ministries, as illegal tax-evasion schemes.
Mr. Rosile, a certified public accountant, prepared some tax returns, including Mr. Snipes’s, for the organization.
Judge Hodges sentenced Mr. Kahn to 10 years and Mr. Rosile to four and a half years.
Mr. Kahn, who represented himself throughout the trial and has consistently refused to recognize Judge Hodges’s authority, was defiant to the end.
“For the record, your honor, I don’t accept that,” Mr. Kahn said.
The judge responded, “You may not accept it, Mr. Kahn, but you will serve it.”
Mr. Rosile declined to comment after the sentencing. His lawyer, David Wilson, however, said the sentence was fair.
A member of Mr. Snipes’s legal team said they would appeal. “We were hoping for a complete acquittal,” the lawyer, Linda Moreno, said. “I have faith in the process, and I have faith in the jury system. We will appeal.”
Royal Adams pleaded guilty to federal charges of filing false tax returns, U.S. Attorney Catherine Hanaway announced Tuesday.
According to the court, Adams, 52, of Wildwood, Mo., created the corporate entity, Royal Personnel, in 1990. Sometime in 1998, he entered into an informal agreement with David Icke, a British author and public speaker, to split the net profits from the sale of Icke's books, with 75 percent going to Icke and 25 percent going Adams.
Sometime in 2005, Icke and Adams had a disagreement and ceased doing business together. On April 10, 2006, Icke sent Adams a notice of termination, which terminated their verbal agreement. A civil litigation later ensued and remains ongoing.
For the years 2001-2003, Adams understated his income and overstated his deductions on his tax returns each year. The Internal Revenue Service identified income not reported on his personal tax returns for the years 2001-2003 in the amount of $581,868.
A substantial portion of these proceeds were generated by the sale of Icke's books. The IRS has calculated the total tax loss for those years as $252,219.
Adams pleaded guilty to three felony counts of filing false tax returns. He now faces a maximum penalty of three years prison and/or fines up to $100,000, when he is sentenced on Aug. 29.
First demands from IRS after I send "Peace Tax Return&a
Quote:
Sponsor:
http://FreeKeene.com -
Internal Robbery Squadron asks: Please send your taxes for 2006. I respond by mailing the note below, and a copy of the Peace Tax Return I sent in early '07. You see, I'm a war tax resister...one of a hundred thousand Americans who choose to face IRS persecution, rather than voluntarily pay for torture and unnecessary foreign occupations.
If you'd like to know more about war tax resistance, visit
http://nwtrcc.org
Blank copy of Peace Tax Return:
I wanted to apologize for my slow response to this query. Your note (attached) indicates that you have not received a tax return from me for 2006.
This may be becuase I sent my return to the Commissioner rather than to the branch office. I sent it in early April 2007, but his staff may not have processed it properly.
For your convenience I've attached a copy.
Please visit nwtrcc.org if you would like to know more about peace tax returns and the process of becoming a war tax resister. As you may be aware, tax resisters are people who would rather suffer than pay for torture and other Washington evils. I hear there are a hundred thousand of us this year.
