Another Elaine Brown arrives in Frickintardistan

[The Observer]

Lakeland (Fla.) Ledger

August 30, 2007

Dentist: I Don't Have to Pay Taxes

By Dana Willhoit

The Ledger

TAMPA | A Lakeland children's dentist, representing herself at her trial on charges of tax evasion, insisted Wednesday she is not subject to federal law and shouldn't be forced to pay income taxes.

Federal prosecutors say Dr. Nancy Montgomery-Ware didn't pay taxes on more than $1 million in income in 2000 and 2001, and didn't file federal income tax returns in 2002, 2003, and 2004, when she earned between $500,000 and $730,000 per year.

She was indicted in April by a federal ground jury on two counts of tax evasion and three counts of failing to file an income tax return. If convicted, she could have to trade her lucrative dental practice for up to 13 years in a federal prison.

Montgomery-Ware claims she doesn't have to pay federal income taxes because she is a "domiciled resident" of the state of Florida and not a citizen of the United States. In fact, she said, most people who live in the U.S. are not legally obligated to pay the federal income tax.

In federal court in Tampa on Wednesday, she struggled to present her case, reading fragments of statutes and citing Supreme Court case law she claimed showed she is not legally obligated to pay federal income tax. "The presumption that Title 26 (the IRS tax code) is law can't be allowed in a criminal proceeding," she told the jury.

"A direct tax on our income is not allowed under the Constitution," she said.

Assistant U.S. Attorney Rachelle Desvaux-Bedke objected to that statement and to others when Montgomery-Ware tried to introduce evidence or to instruct the jury about the law.

During a break, Montgomery-Ware discussed why she chose to represent herself without a lawyer. "Only I can claim my status,'' she said. "An attorney can't claim who I am, and that's important."

Montgomery-Ware said her husband passionately believes in their cause and has helped represent her in previous court appearances. She said he was not allowed to represent her in this case and was banned from the Tampa federal courthouse because "he can be loud and boisterous."

It has been hard representing herself without his help, she said, adding that U.S. District Judge James Moody refused to allow most evidence she wants to introduce.

"It's been a challenge. I really don't know what I'm doing," she said. "The odds are stacked against you. Everything I've put in is based on the rules of the court and they wouldn't let it in."

She hasn't filed a federal income tax return since 1999, she said, after "doing my own research and gaining new understanding that really there is no such thing as a U.S. citizen." Also, she said, the United States has the status of a corporation, and no person can be a citizen of a corporation.

Desvaux-Bedke cross-examined Montgomery-Ware, asking her about previous instances in which she had acknowledged that she was a U.S. citizen. In a loan application, for instance, she stated in several places that she was a citizen.

Montgomery-Ware said she wrote "All rights reserved" on most sections of the application but accidentally missed a couple of places. "They didn't give me a choice to put my true status," she said.

Montgomery-Ware also applied for a new passport several years ago, on which it says she is a U.S. citizen, Desvaux-Bedke said.

"How else are you going to travel?" Montgomery-Ware asked.

Desvaux-Bedke suggested that Montgomery-Ware enjoyed the protection of the United States and its military.

"And the terrorism they (the military) carry out in other countries. I'm not sure that I appreciate that," Montgomery-Ware said.

She said that, although she was once a registered voter, she has never voted.

Desvaux-Bedke also questioned Montgomery-Ware about three lawsuits she filed against her former partner in Lakeland, Dr. Harry Bopp, because he withheld federal income taxes from her wages. Montgomery-Ware acknowledged that the court had ruled against her all three times, finding the lawsuits were filed in bad faith and ordering her to pay Bopp's legal fees.

Finally the court granted Bopp's request that Montgomery-Ware be prevented from filing any future such lawsuits, Desvaux-Bedke pointed out. Closing arguments are expected to begin this morning in District Court Judge James Moody's courtroom in Tampa.

[The Operative]

I hope the prosecution in this case was at least minimally competent. I also hope the jury sees through the stupidity and finds this idiot woman guilty.

[Nikki]

If she had decent representation, she is insane enough to get off on a willfullness defense.

However, since she's proceeding pro se, she's toast.

[LPC]

"It's been a challenge. I really don't know what I'm doing," she said.

Finally, something we can all agree on.

[The Observer]

Not only that, but she happens to be the first tax protestor to be completely honest about her abilities.

[Quixote]

I assume she's the one in pink at http://www.lakelandpediatricdentist.com ... y-Ware.htm

Maybe she's spent too much time in the sun.

[The Operative]

This just in! GUILTY, GUILTY, GUILTY!

Lakeland Dentist Convicted in Tax Evasion Trial

By Dana Willhoit

Jurors in the federal tax evasion trial of Nancy Montgomery-Ware convicted her Thursday of two counts of tax evasion and three counts of failing to file an income tax return .

Montgomery-Ware, representing herself without an attorney, told jurors during her closing argument Thursday morning that “the income tax is not an allowable tax under our Constitution.’’

Federal prosecutors say Montgomery-Ware didn’t pay taxes on more than $1 million in income in 2000 and 2001, and didn’t file federal income tax returns in 2002, 2003, and 2004, when she earned between $500,000 and $730,000 per year.

http://www.theledger.com/article/200708 ... G/70830020

[grixit]

I feel sorry for the techs and apprentices who'll be looking for new jobs.

[The Observer]

I feel sorry for the techs and apprentices who'll be looking for new jobs.

No need to feel sorry if this dentist follows the Elaine Brown plan - just declare the verdict void and the judge irrelevant, run back to your fortified compound and tell your techs and apprentices to report to work there instead of the office.

[Evil Squirrel Overlord]

I feel sorry for the techs and apprentices who'll be looking for new jobs.

No need to feel sorry if this dentist follows the Elaine Brown plan - just declare the verdict void and the judge irrelevant, run back to your fortified compound and tell your techs and apprentices to report to work there instead of the office.

Only if they pay in GOLD. And not used fillings and caps either.

[grammarian44]

Federal prosecutors say Montgomery-Ware didn’t pay taxes on more than $1 million in income in 2000 and 2001, and didn’t file federal income tax returns in 2002, 2003, and 2004, when she earned between $500,000 and $730,000 per year.

So if she had filed returns and paid her taxes, she would have taken home an average of about $370,000/year--in Lakeland, which is not exactly the most expensive city in Florida. What a slave to the government she would have been!

[Dezcad]

I feel sorry for the techs and apprentices who'll be looking for new jobs.

They should have known better. When your employer doesn't withhold Federal taxes, Medicare and FICA from your pay, it is only a matter of time before your employment is in jeopardy.

Nancy's tax beliefs weren't a secret either, see this Order from a post by Demo in a previous thread about Nancy for some more background:

http://www.cheatingfrenzy.com/ware_2_38.pdf

[LPC]

Montgomery-Ware, representing herself without an attorney, told jurors during her closing argument Thursday morning that “the income tax is not an allowable tax under our Constitution.’’

My understanding is that the judge charges/instructs the jury after both parties have made their closing arguments, so I expect the judge had some comments about the constitutionality of the income tax in his instructions to the jury.

Which, depending on how it was phrased, could have made M-W look even more foolish (and so might be grounds for appeal).

[Agent Observer]

Captain wrote:

F*ck her and her screeching chimp of a husband

Heh.. Even though you're a crazy granola-loving Californian, I'd have to say that's a catchy little phrase.

Quixote wrote

I assume she's the one in pink at http://www.lakelandpediatricdentist.com ... y-Ware.htm

Maybe she's spent too much time in the sun.

As someone already mentioned, look at all the people that will be on the street looking for work. Sadly, they all look fairly young and probably have hefty school bills to pay off. Now they'll probably have that much more trouble making ends meet for a while.

That seems to be the common denominator in the "tax honesty movement." They just don't seem to care how their reckless actions have a domino effect and negatively impact other people's lives.

[Imalawman]

Anybody want to take a guess as to what Mr. Ware does for a living. I'm guessing a part-time, home-based pest control business (or some such thing). Once again a smart successful women finds herself ruined by a loudmouthed, blow-hard idiot. Seeing as how she's smart, I still blame her for marrying the turd in the first place.

Also, keep in mind this sack of sh-t husband is perfectly willing to let his wife go to the federal pen.

[The Observer]

"Lady dentists in prisons and their husbands who sent them there - next on Jerry Springer!"

[Joey Smith]

There is a shortage of nurses, techs and hygenists in Florida due to the booming populationg there (I've got a client in Florida who complains about the shortage weekly to me), so I doubt that many of her staff will be out of work for long.

I presume that the crazy dentist was not withholding, however, and that could come as a nasty short to her employees around April of next year.

[Demosthenes]

Published Friday, August 31, 2007
MONTGOMERY-WARE

Dentist Is Convicted In Tax Case
Jury finds her guilty of two counts of tax evasion and three counts of willfully failing to file tax returns.

By Dana Willhoit
The Ledger

Nancy Montgomery-Ware

TAMPA | After deliberating for almost seven hours Thursday, a jury found Lakeland dentist Dr. Nancy Montgomery-Ware guilty of two counts of tax evasion and three counts of willfully failing to file income tax returns.

Montgomery-Ware, a popular pediatric dentist who is still practicing, had represented herself in federal court in a trial that started Monday.

Montgomery-Ware, who was born in New York, describes herself as a "domiciled resident" of Florida but not a citizen of the United States.

She insisted throughout the trial that there is no such thing as being a citizen of the United States, that most people in the United States are not legally obligated to pay income tax, and that she is not obligated to obey any federal laws.

A sentencing date has not yet been set.

Judge James Moody agreed to let Montgomery-Ware remain free on bail until she is sentenced.

Montgomery-Ware faces up to 13 years in federal prison for failing to pay taxes on more than a million dollars in income.

She said she plans to appeal but was not sure whether she'd hire a lawyer for the appeal.

Montgomery-Ware has acknowledged that in the years 2000 and onward, she earned between $500,000 and $730,000 a year.

However, in her closing arguments Thursday morning, she told the 12 jurors, "The income tax is not an allowable tax under our constitution."

She started researching tax laws, she said, when her husband told her that nobody has to pay income taxes and he had never filed a federal tax return.

"I was like - you're crazy. Everyone has got to pay income taxes," she said.

But, after she started researching the law and the tax codes, she said, "I at times actually became angry in the course of my research."

Montgomery-Ware said tax codes are deliberately written in a confusing fashion, and it took her years of research and study to come to her current conclusions.

"I'm not saying that the government should not collect tax, but they need to do it in a way that's prescribed by Congress."

She pointed out to the jury that she had never been in trouble before.

"I like to follow the laws. There is no good reason to break a law. It's my understanding that there is no law that requires me, Nancy Montgomery-Ware, living in the state of Florida, to pay federal income tax," she said.

Assistant U.S. Attorney Rachelle Desvaux-Bedke told jurors that Montgomery-Ware did understand the law, she just did not want to pay her income tax.

"The defendant would have you believe that she really doesn't understand the law or that she has this good faith misunderstanding of the law," she said.

She reminded jurors that Montgomery-Ware had a United States passport, that she visited a national park and that she drove on roads paid for by federal dollars.

"She enjoys the benefits of citizenship but doesn't want to pay income tax because she doesn't like it," Desvaux-Bedke said.

The case went to jurors at 11 a.m. and they returned about 5:45 p.m.

After the jurors returned their verdict, Moody asked both the prosecution and Montgomery-Ware whether they wanted the jury polled.

Both declined.

When the judge declared the trial adjourned, Montgomery-Ware quickly left the courtroom with a supporter who had been attending the trial throughout the week.

[.]

She looks very perky.

Think happy TP thoughts! Nothing can possibly go wrong while you're busy evading massive amounts of taxes.

I want a pic of her as she enters a federal correctional facility where nobody cares whether she thinks she's a "domiciled resident" of Florida.

[notorial dissent]

I still think she has been sampling too much of her NO2, that would certainly explain the glassy look and her total detachement from reality.