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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.

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