Tax protester

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Aaron Russo (d. 27 August 2007), an independent filmmaker, released a documentary called ''America: Freedom to Fascism''<ref>The video can be viewed in it's entirety at [http://video.google.com/videoplay?docid=-1656880303867390173 Google video]. </ref>, which has become a rallying cry for many tax protesters. Russo unquestionably regurgitated all of the classic arguments, misconceptions and lies.  
 
Aaron Russo (d. 27 August 2007), an independent filmmaker, released a documentary called ''America: Freedom to Fascism''<ref>The video can be viewed in it's entirety at [http://video.google.com/videoplay?docid=-1656880303867390173 Google video]. </ref>, which has become a rallying cry for many tax protesters. Russo unquestionably regurgitated all of the classic arguments, misconceptions and lies.  
  
In 2007 a major stand off occurred in the town of Plainfield, NH, between convicted tax evaders Ed and Elaine Brown and the federal government. The Browns sealed themselves up in their fortified compound of a home and promised the "next Waco" if the government tried to arrest them. Tax protesters and other anti-government [[crank]]s, including Randy Weaver of Ruby Ridge fame, flocked to the Browns' residence to bring guns and supplies. <ref>[http://www.unionleader.com/article.aspx?headline=Browns+say+they+will+either+walk+free%2C+or+die&articleId=a02db0e8-8042-474e-8a82-1fb5dc2f6306 Union leader article on the Browns]</ref> The Browns were taken into custody without incident on 4 October 2007 by US Marshals posing as supporters.
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In 2007 a major standoff occurred in the town of Plainfield, NH, between convicted tax evaders Ed and Elaine Brown and the federal government. The Browns sealed themselves up in their fortified compound of a home and promised the "next Waco" if the government tried to arrest them. Tax protesters and other anti-government [[crank]]s, including Randy Weaver of Ruby Ridge fame, flocked to the Browns' residence to bring guns and supplies. <ref>[http://www.unionleader.com/article.aspx?headline=Browns+say+they+will+either+walk+free%2C+or+die&articleId=a02db0e8-8042-474e-8a82-1fb5dc2f6306 Union leader article on the Browns]</ref> The Browns were taken into custody without incident on 4 October 2007 by US Marshals posing as supporters.
  
 
Tax protesters are occasionally acquitted; for example, the June 2007 not guilty verdict against Louisiana attorney Tommy Cryer, which became something of a rallying point for the movement. Cryer did not attempt to argue there is no law making him liable for income tax. Instead, he used what has come to be known as the "cheek defense," essentially claiming that he did not know that he had to file and could not have ''willfully'' failed to file. The opinion of tax experts is that Cryer was acquitted based on an incompetent prosecution that failed to demonstrate that Cryer was aware of the need to file. Civilly, Cryer was still found to be liable for back taxes, fees, and interest and is currently raising money to pay off his taxes.
 
Tax protesters are occasionally acquitted; for example, the June 2007 not guilty verdict against Louisiana attorney Tommy Cryer, which became something of a rallying point for the movement. Cryer did not attempt to argue there is no law making him liable for income tax. Instead, he used what has come to be known as the "cheek defense," essentially claiming that he did not know that he had to file and could not have ''willfully'' failed to file. The opinion of tax experts is that Cryer was acquitted based on an incompetent prosecution that failed to demonstrate that Cryer was aware of the need to file. Civilly, Cryer was still found to be liable for back taxes, fees, and interest and is currently raising money to pay off his taxes.

Revision as of 07:42, 12 August 2008

Tax protesters is a general category to describe anyone who does not believe they are required to pay various taxes. The most commonly disputed tax is the Income tax. In the United States, tax protesters tend to be largely middle-class conservatives with a libertarian bent. The term "tax protester," while the preferred nomenclature, may in fact be a misnomer as most of the people it is applied to are really tax deniers. Many individuals may protest taxes for one reason or another while not denying the Government's right to tax; these individuals are not the primary focus of this article.

Contents

Methodology

Tax protesters use pseudolaw and follow many of the same methods as creationists and other denialists in advocating their ideas including: cherry picking data, historical revisionism, quote mining, and deception. There is actually a strong link between tax protesting and creationist movements, as well as the militia movement and some white supremacy groups. Most recently Kent Hovind, an infamous peddler of creationism, was sentenced to 10 years in jail for not paying income tax [1]. Many people have made a lot of money selling various schemes for avoiding having to pay taxes. Thousands of videos, books and conferences are offered every year that promise to cure you of a tax burden for a price. One recent example is that of Irwin Schiff and his site paynoincometax.com who was sentenced to jail 2005 for his activities [2]. Not a single argument ever presented by a tax protester has ever been accepted by a court of law as valid.

Some tax protesters do not deny the government's right to levy taxes, but refuse to pay as a matter of principle due to refusal to support specific government policies (public schooling and defense spending are particularly common reasons given). Such protesters are rather less likely to espouse right-libertarian politics; some are, indeed, extreme liberals. This motivation makes it more civil disobedience than outright denialism.

Claims

The claims of these groups will appear in italics, refutations in regular text. [3]

  • Variations on the theme that America's Founding Fathers did not belive that governments had taxation powers.
    • Not true, the issue at stake was London's ability to levy taxes on the American colonies, not say Williamsburg's ability to tax Virginians.
  • That the 16th Amendment was not ratified because Ohio wasn't a state, and thus didn't get the requisite number of states to approve of it.
    • This argument relies on a slight technicality that Congress forgot to pass a resolution declaring Ohio a state in 1803 and that Ohio only became a state in 1953. If this were true, than why did Ohioans have Senators and Congressmen? Also it would not have mattered any way since 41 other states ratified it anyway with the minimum being 36.
  • It violates the 13th Amendment's prohibition of "involuntary servitude."
    • "Involuntary servitude" is actually a euphemism for slavery.
  • Variants on claims like there is no law for an income tax or that the Internal Revenue Code does not actually say income.
    • There are in fact several laws saying what is and is not taxable.
  • Income taxes are voluntary.
    • Stems from a misreading of a case where somebody did not file his 1040, but then demanded his full refund. Voluntary in this case actually means that the person has to go and calculate it him or herself, otherwise, no refund, or massive audit.

Cases

Gordon Kahl was a tax protester associated with the Posse Comitatus movement who died in a 1983 shootout with Arkansas police. Law enforcement had attempted to arrest him outside of his homwtown of Medina, North Dakota but he (or two others with him) shot two U.S. marshals and he fled in a stolen Medina police car to Arkansas, where he died four months later in another shootout with law enforcement. Kahl had failed to pay income taxes for several years and had previously (1977) spent eight months in prison on tax evasion charges; the attempted 1983 arrest was for violation of his parole by continuing to fail to file his federal taxes. The exact order of events during the Medina shootout is hotly disputed with Medina's local police officers offering a different version than federal marshals, and Medina police and federal marshals each blaming the other for botching the arrest.[4]

Aaron Russo (d. 27 August 2007), an independent filmmaker, released a documentary called America: Freedom to Fascism[5], which has become a rallying cry for many tax protesters. Russo unquestionably regurgitated all of the classic arguments, misconceptions and lies.

In 2007 a major standoff occurred in the town of Plainfield, NH, between convicted tax evaders Ed and Elaine Brown and the federal government. The Browns sealed themselves up in their fortified compound of a home and promised the "next Waco" if the government tried to arrest them. Tax protesters and other anti-government cranks, including Randy Weaver of Ruby Ridge fame, flocked to the Browns' residence to bring guns and supplies. [6] The Browns were taken into custody without incident on 4 October 2007 by US Marshals posing as supporters.

Tax protesters are occasionally acquitted; for example, the June 2007 not guilty verdict against Louisiana attorney Tommy Cryer, which became something of a rallying point for the movement. Cryer did not attempt to argue there is no law making him liable for income tax. Instead, he used what has come to be known as the "cheek defense," essentially claiming that he did not know that he had to file and could not have willfully failed to file. The opinion of tax experts is that Cryer was acquitted based on an incompetent prosecution that failed to demonstrate that Cryer was aware of the need to file. Civilly, Cryer was still found to be liable for back taxes, fees, and interest and is currently raising money to pay off his taxes.

All acquittals have come from jury trials for criminal conduct. These acquittals range from Cheek defenses like Cryer to jury nullification in cases where it seems defendants have convinced a few jury members of their arguments. The important point is that "not guilty" verdicts by juries do not have anything to do with the status of the law nor are they precedent setting. No matter of law has ever been decided in favor of a tax protester and even with an acquittal for criminal conduct the civil liability of taxes has always been met.

British Poll Tax

The attempt to tax everyone equally without regard to income, wealth or consumption, including the sick and unemployed by Margaret Thatcher, officially known as the "Community Charge" was resisted by campaigns of tax refusal from both left- and right-wing parts of society. Attempts to collect arrears using bailiffs was often met with physical resistance and several, often elderly, protestors went to jail. Ultimately a major riot in London's Trafagar Square over the issue, and Thatcher's refusal to change her mind, led to her own party removing her from office.

See also

External links

  • The Tax Protester FAQ, considered the definitive online reference (outside the US income tax law of course) on legal arguments used by US tax protesters

References

  1. Article on Hovind
  2. USDOJ on Schiff
  3. You can learn more about bullshit at this website: http://en.wikipedia.org/wiki/Tax_protester_arguments
  4. See It's All About Power by Darrell Graf and Steve Schnabel (ISBN 0-942323-31-9) for the Medina police version
  5. The video can be viewed in it's entirety at Google video.
  6. Union leader article on the Browns
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