Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/18/84; site voder.UUCP Path: utzoo!watmath!clyde!cbosgd!ihnp4!zehntel!dual!amd!pesnta!hplabs!nsc!voder!kathy From: kathy@voder.UUCP (Kathy Hale) Newsgroups: net.taxes Subject: Re: Headline: Salem tax offender handed 3-year prison term Message-ID: <540@voder.UUCP> Date: Fri, 30-Nov-84 14:05:48 EST Article-I.D.: voder.540 Posted: Fri Nov 30 14:05:48 1984 Date-Received: Tue, 4-Dec-84 04:42:24 EST References: <2393@tekig.UUCP> Organization: National Semiconductor, Santa Clara Lines: 85 I wonder if these people have franchises? (drivers' licenses, social security cards, birth certificates, etc.) If so, why is it a surprise that they lost in court and were jailed -- if you are enfranchised, you OWE the "income" tax under the IRS code. The only way your wages do not become "income" is if you are at the Common Law and a freeperson! Disenfranchised! > This article was 'clipped' from the 20 Nov 84 Oregonian. I am not agreeing > with the article, I am just putting it up for comment. What do you think of > the outcome of this, Bob? > > > ----------------------------------------------------------------------------- > A Salem man who contended at his trial that income tax laws were > unconstitutional was sentenced Monday to three years in Prison. > Charles D---- K-----, 37, was sentenced for tax offenses for the years > 1977, 1979 and 1980. > > In sentencing K-----, U.S. District Judge James M. Burns said that while > history may someday prove K-----'s contentions correct, "I do not appreciate > Mr. K----- getting the protection of society that I've paid for when he's not > willing to pay his share. As far as I'm concerned he's nothing but a shabby > tax cheat." > > K-----'s lawyer, Terrance L. McCauley, had told Burns that K----- and many > other people sincerely believe the tax laws are unconstitutional because the > government claims the right to tax their wages as income. He said the > movement, which he sees as involving the same kind of idealism as the draft > resistance movement during the Vietnam War, "will not go away." > K----- told Burns the government "has tried to make an example of me." He > said the Internal Revenue Service had not talked or worked with him, but that > he had been willing to pay the taxes he owed if the government had given him > a bill. > > Arthur H. Davis, an assistant U.S. attorney from the U.S. Justice > Department's tax division in Washington, D.C., argued that the opposite was > true, that K----- had used "every trick in the book" to avoid paying his > taxes. Davis, in recommending a substantial jail sentence, said K----- had > disseminated his views on taxes to many other people. > > A jury found K----- guilty in October of failing to file federal income tax > returns for 1978, 1979 and 1980 of gross income of $37,023, $55,176 and > $54,168, respectively. On Monday, however, Burns granted a defense motion to > dismiss the 1978 count, which the government had amended during the trial. > K----- also was convicted of falsely claiming $3,900 in employee business > expenses for 1977, and of understating on a corporate tax return the sale > price of a delivery van in 1977. > During the period covered by the indictment, K----- operated a bread > delivery route, primarily in Salem and Albany. > Burns ordered K-----, following his release from prison, to serve a five- > year probation term, including the special conditions that he pay the costs > of prosecution and a $5,000 fine. > The judge refused to set bail pending appeal and ordered K----- taken into > custody immediately. > K----- had testified at the trial that he believed the tax laws required > only voluntary payment of taxes, and that wages are not "income" for taxation > purposes. > > In another tax-related case, a former Medford couple who also challenged > the constitutionality of the federal tax laws was sentenced to jail terms > Monday for failing to file tax returns on gross income totaling $190,000 for > 1977, 1978 and 1979. > Ronald C------, 45, was sentenced by Burns to nine months in jail on one > count, a consecutive six-month jail term on the second count, and a five- > year probation term on the third count to be served after release from jail. > Suzanne C------, 46, was sentenced to six months in prison, to be followed > by a five-year probations term. > The C------s, ...... stopped paying taxes in 1977 .... > > > ----------------------------------------------------------------------------- > > > > Although the names were printed in the Oregonian, I do not feel proper in > spreading them around the world. If you (Bob Alpert) would like the names in > order to find out more about the case let me know and give me a path to use. > > John Higley > ...tektronix!tekig!johnhi > > Disclaimer: Anything you see here is a product of my own misgivings and not > those of my company. *** REPLACE THIS LINE WITH YOUR MESSAGE ***