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Termyn8or -> RE: Nevada Businessman Trumps IRS! (12/6/2007 6:24:18 PM)
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I wouldn't have handled it that way.
There is no law that compels most Citizens to pay income tax. The law is written very precisely, and there is an even bigger loophole to exploit.
The first time you ask someone to produce the law that compels you to pay, they cite IRS code. You tell them that the IRS is a private company incorporated in Deleware and they will look at you funny, but you can write to the state of Deleware and get certified copies of their incorporation papers. Notarized and everything.
I also heard of a case where someone beat the IRS with this intent defense, and the prosecutor asked the judge to order the defendant to pay the taxes, the judger replied "I do not work for the IRS".
But see I would not use the intent defense. There is something better, of that I have no doubt. I have seen the paperwork and seen it happen. We got a guy made about two hundred grand a year for at least ten years and never paid a dime, and they always knew right where he was. I saw the form they sent him. I know he walked out of many things.
Yes this is the guy doing fifteen years, but guess what, he just won his appeal. Now look for a lawsuit. And his going to the joint was not over taxes, it was over stupidity. The tax thing he did was not stupid.
The intent defense can work, but I don't see how you get all your siezed property back. With the "fact in law" defense I heard they generally return everything in about a year. Just don't sign a waiver to a speedy trial and in something like 270 days they drop the case, the judge actually throws it out. Then it is not cited nor published, which means people do not hear about it.
It is better to do what this guy did. Attack them. The process involves accusing them of fraud and demanding all your tax money back. They will respond, and you must respond properly. After that, you go on a list of non-taxpayers. Now remember you can never have a regular job again, and there are certain other things you can't do, because to sign certain documents at that point, is willingly volunteering to pay.
This is a complex issue, I do not recommend anyone try it unless you plan to be diligent. Even then, you must handle every twist and turn they throw you.This is not easy. But if you own your own business, especially if you are starting one, and it looks good, it might be a good option.
Also remember, once you have this status there will be no social security for you. No nothing.
And this only works for income tax, to be worth it you better be making alot of money. It does nothing for other taxes, sales, property, all that you still have to pay because you have no choice. But the income tax itself is indeed volutary, by law.
And they might decide to keep a close eye on you as well.
I have a question for those who think I am full of shit. If the intent defense works in tax court, how is it that ignorance of the law is no excuse ?
I would really like to know.
T
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