Tax protestor acquitted on failure to file charges?

[Bill]

A Shreveport attorney was acquitted on charges of failure to file tax returns:

http://www.shreveporttimes.com/apps/...21/1062/NEWS03

It's not clear whether the judge or jury accepted his "frivolous" tax arguments or whether the acquittal was based on something else. If the arguments were accepted, surely that would be a huge event indeed.

But on the other side, there's the IRS publication on frivolous tax arguments:

http://www.irs.gov/pub/irs-utl/friv_tax.pdf

It's just unbelievable, since the IRS and the courts have consistently rejected these arguments in the past, that they'd suddenly change their position.

Maybe an update, if I find more information.

Thanks.

Bill

[Four Kitties]

The link says it was a jury trial: I suspect jury nullification, rather than any change in law or precedent.

Four Kitties

Originally Posted by Bill

A Shreveport attorney was acquitted on charges of failure to file tax returns:

http://www.shreveporttimes.com/apps/...21/1062/NEWS03

It's not clear whether the judge or jury accepted his "frivolous" tax arguments or whether the acquittal was based on something else. If the arguments were accepted, surely that would be a huge event indeed.

I may be a little off on some of the details, but IIRC, the jury acquitted him of the criminal offense of tax evasion. Because this is a "specific intent" offense, the prosecution had to prove that he intended to violate the US Tax Code and that he verifiably did so.

This guy apparently had a few bats in his belfry, but he was able to convince the jury that he truly did not intend to violate the Internal Revenue Code because the Code was unconstitutional and didn't apply to him. The jury believed him, and acquitted him of the criminal charge.

The IRS, of course, didn't blink. They slapped a (civil) lien on all of his lands, chattels, and heriditaments (a phrase that rolls off the lawyerly tongue) for nonpayment of taxes and took pretty much everything he owned.

(IAL)

--
Ralph

[Malruhn]

Originally Posted by Ralph Lohmann

>>>SNIP<<<
heriditaments
>>>SNIP<<<
(IAL)

Blasphemer!!

And does the "IAL" mean, "I Are Lawyer??"

Thanks for the info, and welcome aboard!!

[snopes]

Originally Posted by Ralph Lohmann

This guy apparently had a few bats in his belfry, but he was able to convince the jury that he truly did not intend to violate the Internal Revenue Code because the Code was unconstitutional and didn't apply to him. The jury believed him, and acquitted him of the criminal charge.

That's about it. Basically, if he believed his own fantasy about the IRC not applying to him, then his failure to file returns was not "willful." But even though he may have been acquitted on criminal charges, the court didn't rule that he has no tax liability, so he's still going to have to pay up ...

- snopes

Originally Posted by Malruhn

Blasphemer!!

And does the "IAL" mean, "I Are Lawyer??"

I are indeed.

(adjusting wig and bands, and looking around for Iolanthe)

Thanks for the info, and welcome aboard!!

You're most welcome.

--
Ralph