The defendant also notes that he is .... a karoake singer.
Update from Art Farnsworth
-
Demosthenes
- Grand Exalted Keeper of Esoterica
- Posts: 5773
- Joined: Wed Jan 29, 2003 3:11 pm
By CHRISTOPHER RUVO
phillyBurbs.com
A West Rockhill man convicted of tax evasion remains free today, but an 11th-hour bid to have his guilty verdict thrown out was dismissed as “frivolous” by a federal judge.
Arthur Farnsworth, 44, was scheduled to be sentenced Wednesday for not paying $83,000 in federal income tax, but the sentencing was postponed until April 3 because of a post-trial motion Farnsworth filed Monday.
In the motion, Farnsworth, who maintains that paying federal income tax is voluntary for Americans living and working in the country, charges that the federal government couldn't prosecute him because it lacked “territorial jurisdiction.” As such, the verdict against him should be dismissed.
But by midday Wednesday, U.S. District Court Judge John R. Padova had already decided to deny Farnsworth's motion.
In a terse, one-page reply, Padova wrote, “Defendant has moved to dismiss this criminal action on the ground that he is not a resident of any "federal zone' and therefore is not subject to federal income tax laws. This argument is completely without merit and patently frivolous.”
He quoted a federal case in which the “territorial jurisdiction” argument is referred to as a “hackneyed tax protester refrain” that ignores that federal district courts have jurisdiction over “all offenses against the laws of the United States.”
Jonathan Altman, one of Farnsworth's lawyers, said his client could appeal Padova's ruling to the U.S. 3rd Circuit Court of Appeals.
“This seems to be the argument the government always raises,” said Altman, who is based in Paoli. “I'm taking a strict interpretation of the Constitution and the statutes. I believe it is appropriate to challenge territorial jurisdiction.”
Essentially, the motion to dismiss the guilty verdict argues that federal attorneys don't have the right to prosecute Farnsworth because the federal government has never legally established jurisdiction in the commonwealth. Rather, the state has jurisdiction, the argument goes.
“This is an issue a lot of criminal defense lawyers aren't addressing,” said Altman, who said he has filed or plans to file similar motions in other cases. “I believe it's a valid challenge.”
The “territorial jurisdiction” question could still be open if Farnsworth appeals Padova's ruling, but that won't stop him from being sentenced. Padova issued a second order Wednesday denying Farnsworth's request to have his sentence put off until the jurisdiction matter is resolved.
For now, Farnsworth, a former West Rockhill auditor who ran unsuccessfully for Bucks County commissioner and 8th Congressional District representative, remains free on bail.
A jury in U.S. District Court convicted him in December of three counts of tax evasion for not paying federal income tax on what prosecutors say is $288,000, including a liquidated retirement, from 1998 through 2000.
Prosecutors are calling for him to serve up to 27 months.
A raid on Farnsworth's home led to a tax-fraud investigation of actor Wesley Snipes, who in December pleaded not guilty to federal charges, including falsely claiming millions of dollars in tax refunds.
-
LPC
- Trusted Keeper of the All True FAQ
- Posts: 5233
- Joined: Sun Mar 02, 2003 3:38 am
- Location: Earth
God, what a moron.“This seems to be the argument the government always raises,” said Altman, who is based in Paoli. “I'm taking a strict interpretation of the Constitution and the statutes. I believe it is appropriate to challenge territorial jurisdiction.”
It's bad enough when computer programmers, doctors, and airline pilots spew this kind of nonsense, but when lawyers start in, I get really disgusted.
Dan Evans
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.
-
Missing User (3708)
Last Updated: April 3, 2007 - 1:04 PM EDT
Tax scofflaw gets federal prison
Arthur Farnsworth sentenced to 27 months behind bars
PHILADELPHIA -- Federal authorities marched tax scofflaw Arthur Farnsworth off to prison from the courtroom today after a judge sentenced him to 27 months and revoked bail for failing to pay income taxes for more than a decade.
"There's no reason to believe your views have changed," U.S. District Judge John Padova told the Bucks County defendant before imposing the maximum sentence under federal guidelines. "You have been defiant with respect to the law."
Padova said the sentence will "promote respect for the law" among others considering following Farnsworth's lead.
The West Rockhill Township man was convicted of failing to pay federal income taxes for more than a decade.
-- reporting by Matt Birkbeck, The Morning Call
Tax scofflaw gets federal prison
Arthur Farnsworth sentenced to 27 months behind bars
PHILADELPHIA -- Federal authorities marched tax scofflaw Arthur Farnsworth off to prison from the courtroom today after a judge sentenced him to 27 months and revoked bail for failing to pay income taxes for more than a decade.
"There's no reason to believe your views have changed," U.S. District Judge John Padova told the Bucks County defendant before imposing the maximum sentence under federal guidelines. "You have been defiant with respect to the law."
Padova said the sentence will "promote respect for the law" among others considering following Farnsworth's lead.
The West Rockhill Township man was convicted of failing to pay federal income taxes for more than a decade.
-- reporting by Matt Birkbeck, The Morning Call
-
Bud Dickman
'Defiant' tax evader gets maximum jail term
By CHRISTOPHER RUVO
phillyBurbs.com
Despite unrepentant tax evader Arthur Farnsworth's assertion that he doesn't belong “in a vertical bar hotel,” a judge sentenced the West Rockhill man to 27 months in federal prison Tuesday.
U.S. District Court Judge John R. Padova said Farnsworth, 44, deserved the maximum jail stint requested by prosecutors because he remained “defiant” five months after being convicted of not paying $83,000 in federal income tax over three years.
Before authorities led the bleary-eyed Farnsworth from the courtroom in handcuffs, he vowed to appeal the sentence. “Damn right,” he said when asked if he'd appeal.
Federal prosecutor Ara Gershengorn said Farnsworth's sentence is appropriate because he hid money and assets to avoid paying taxes on them. Since being convicted, he hasn't attempted to pay any of the money he owes and still holds the view that he is not legally obligated to pay the income tax, she said.
“There has been no demonstration of any respect for the law,” said Gershengorn. “This is an individual that is operating outside the system.”
Farnsworth, who has run unsuccessfully for Congress and Bucks County commissioner, freely admitted to not paying federal income tax in 1998, 1999 and 2000 on $288,000 of income, including a liquidated retirement account.
Years of research led him to believe the law makes it clear the tax is voluntary and applies only to corporate profits and gains. Americans living and working in this country are not liable for the tax, he has said.
Standing before Padova, Farnsworth said it was “unwise” of him to not pay income taxes. He said he planned to file returns in the future. While claiming his beliefs “perhaps” would change in “some regard,” he admitted he is “a tough nut to crack” and never said he was wrong for not paying income taxes.
Peter Goldberger, Farnsworth's attorney, tried to paint his client in a sympathetic light, saying he is a modest, kind, “fairly intelligent” person of deeply held convictions who was “wedded to a mistaken idea” about paying taxes. He said Farnsworth would change with time and asked that he not be jailed at all, but if he is, for no more than a year.
Gershengorn was having none of it.
“This isn't a mistaken idea; it's a federal crime,” she said.
Gershengorn pointed out that Farnsworth liquidated a 401(k) account and transferred the money overseas, then repatriated it without paying taxes on it. He encumbered his house with a fake second mortgage so that it would look like it had no equity and sold his cars to a trust he controlled so it would appear he didn't have assets.
Goldberger argued that the trusts and accounts were all easily traceable to Farnsworth, but Gershengorn argued it all amounted to a sophisticated scheme to avoid paying taxes, making him anything but a misguided innocent.
She said Farnsworth's penchant for bucking the system was further evidenced by a recent arrest for driving under the influence. In March, Farnsworth also filed a post-trial motion claiming the federal court didn't have jurisdiction to hear his case, but Padova dismissed it.
Farnsworth, who is not married and has no children, requested to serve his time at Fort Dix or Fairton, both federal prisons in New Jersey. A probation officer will inspect Farnsworth's tax returns after he is released and he will not be allowed to open new lines of credit or liquidate assets without permission.
Before being escorted from court, Farnsworth shook hands and hugged four friends who attended the sentencing to support him. Like Farnsworth, they believe they're not liable for federal income tax.
One man who refused to give his name accused the government of “just trying to make an example of Art.”
Ken Evans, who drove up from Delaware, said an innocent man was being jailed and called the federal income tax system “the greatest fraud in human history.” Former Perkasie Councilman Joseph Schiaffino, who didn't attend the sentencing, has called Farnsworth a “martyr” in a “freedom movement.”
The Internal Revenue Service says assertions that federal income tax is voluntary or unconstitutional are “outlandish ... (and) false and (have) been thrown out of court. While taxpayers have the right to contest their tax liabilities in court, no one has the right to disobey the law.”
The Internal Revenue Code imposes a federal tax on “taxable incomes of individuals, estates and trusts” and many who claim the tax is voluntary are misreading IRS publications where the word “voluntary” is used to refer to “...our system of allowing taxpayers to determine the correct amount of tax and complete the appropriate returns, rather than have the government determine the tax for them.”
The position Farnsworth and others in the so-called “tax honesty” movement advocate is included on a “dirty dozen” list of “blatant tax scams” on the IRS Web site.
Christopher Ruvo can be reached at 215-538-6371 or cruvo@phillyBurbs.com.
By CHRISTOPHER RUVO
phillyBurbs.com
Despite unrepentant tax evader Arthur Farnsworth's assertion that he doesn't belong “in a vertical bar hotel,” a judge sentenced the West Rockhill man to 27 months in federal prison Tuesday.
U.S. District Court Judge John R. Padova said Farnsworth, 44, deserved the maximum jail stint requested by prosecutors because he remained “defiant” five months after being convicted of not paying $83,000 in federal income tax over three years.
Before authorities led the bleary-eyed Farnsworth from the courtroom in handcuffs, he vowed to appeal the sentence. “Damn right,” he said when asked if he'd appeal.
Federal prosecutor Ara Gershengorn said Farnsworth's sentence is appropriate because he hid money and assets to avoid paying taxes on them. Since being convicted, he hasn't attempted to pay any of the money he owes and still holds the view that he is not legally obligated to pay the income tax, she said.
“There has been no demonstration of any respect for the law,” said Gershengorn. “This is an individual that is operating outside the system.”
Farnsworth, who has run unsuccessfully for Congress and Bucks County commissioner, freely admitted to not paying federal income tax in 1998, 1999 and 2000 on $288,000 of income, including a liquidated retirement account.
Years of research led him to believe the law makes it clear the tax is voluntary and applies only to corporate profits and gains. Americans living and working in this country are not liable for the tax, he has said.
Standing before Padova, Farnsworth said it was “unwise” of him to not pay income taxes. He said he planned to file returns in the future. While claiming his beliefs “perhaps” would change in “some regard,” he admitted he is “a tough nut to crack” and never said he was wrong for not paying income taxes.
Peter Goldberger, Farnsworth's attorney, tried to paint his client in a sympathetic light, saying he is a modest, kind, “fairly intelligent” person of deeply held convictions who was “wedded to a mistaken idea” about paying taxes. He said Farnsworth would change with time and asked that he not be jailed at all, but if he is, for no more than a year.
Gershengorn was having none of it.
“This isn't a mistaken idea; it's a federal crime,” she said.
Gershengorn pointed out that Farnsworth liquidated a 401(k) account and transferred the money overseas, then repatriated it without paying taxes on it. He encumbered his house with a fake second mortgage so that it would look like it had no equity and sold his cars to a trust he controlled so it would appear he didn't have assets.
Goldberger argued that the trusts and accounts were all easily traceable to Farnsworth, but Gershengorn argued it all amounted to a sophisticated scheme to avoid paying taxes, making him anything but a misguided innocent.
She said Farnsworth's penchant for bucking the system was further evidenced by a recent arrest for driving under the influence. In March, Farnsworth also filed a post-trial motion claiming the federal court didn't have jurisdiction to hear his case, but Padova dismissed it.
Farnsworth, who is not married and has no children, requested to serve his time at Fort Dix or Fairton, both federal prisons in New Jersey. A probation officer will inspect Farnsworth's tax returns after he is released and he will not be allowed to open new lines of credit or liquidate assets without permission.
Before being escorted from court, Farnsworth shook hands and hugged four friends who attended the sentencing to support him. Like Farnsworth, they believe they're not liable for federal income tax.
One man who refused to give his name accused the government of “just trying to make an example of Art.”
Ken Evans, who drove up from Delaware, said an innocent man was being jailed and called the federal income tax system “the greatest fraud in human history.” Former Perkasie Councilman Joseph Schiaffino, who didn't attend the sentencing, has called Farnsworth a “martyr” in a “freedom movement.”
The Internal Revenue Service says assertions that federal income tax is voluntary or unconstitutional are “outlandish ... (and) false and (have) been thrown out of court. While taxpayers have the right to contest their tax liabilities in court, no one has the right to disobey the law.”
The Internal Revenue Code imposes a federal tax on “taxable incomes of individuals, estates and trusts” and many who claim the tax is voluntary are misreading IRS publications where the word “voluntary” is used to refer to “...our system of allowing taxpayers to determine the correct amount of tax and complete the appropriate returns, rather than have the government determine the tax for them.”
The position Farnsworth and others in the so-called “tax honesty” movement advocate is included on a “dirty dozen” list of “blatant tax scams” on the IRS Web site.
Christopher Ruvo can be reached at 215-538-6371 or cruvo@phillyBurbs.com.