Wesley Snipes and the Federal Bureau of Prisons

[The Observer]

Oh, so he did file?

Why didn't they tell the jury that?

[sarscasm]When a person of Snipe's caliber is conducting a highly expensive defense, complete with powerful defense attorneys clamoring at the microphone, private investigators hungry for the spotlight, and an escorting media circus tight on your tail, do you really expect him to remember something trivial like "Oh, by the way, I filed the returns?"

And despite the fact that he didn't file the returns has nothing to do with the misdemeanor charges of non-filing. I'm sure he meant to file the returns at some point in time before he died and that is almost as good as filing them. The jury should have recognized that was probably the situation and found him not guilty.[/sarcasm]

[Demosthenes]

Here's Snipes' post-indictment letter to the government (minus the 600 page attachment containing his "legal research"):

http://www.thesnipestrial.com/snipes29pp.pdf

[grixit]

"I'm a celebrity, get me out of here!"

[Pottapaug1938]

"I'm a SOVRUN celebrity, get me out of here!"

I always knew that Snipes was a good actor....

[.]

instead of sentencing him to probation or public service for such misdemeanor charges as in many other similar cases

Similar cases? Say, those of other TPs?

I guess she's never heard of, for instance, John Kotmair (who got 2 years back in the '80s) or his kid, Ed, who almost 20 years later got 27 months for 3 years' worth of the same crime his idiot father and Snipes were convicted of, willful failure to file.

[wserra]

And Demo's point shouldn't get lost in the shuffle: Snipes actually received much less than the Guideline, since the Guideline exceeded the statutory max. Perhaps the Mrs. could cite us to someone with a ten-year Guideline and no basis for departure receiving "probation or public service".

[Pottapaug1938]

It almost seems like Snipes is adopting what the British would call the "in for a penny, in for a pound" strategy. He's already gotten himself in major hot water by following the advice of idiots; so now his only hope (as seen by him) is to wholeheartedly embrace idiot sovrun ideology in the hope that it will somehow, sometime free him from the clutches of the ebil gummint.

[Joey Smith]

http://www.nydailynews.com/gossip/2010/ ... z16idlIynI

[Nikki]

Mrs Snipes seems to be going into Elaine / Doreen mode.

Let's all break out into a rousing chorus of Stand By Your Man while trying to keep a straight face.

Obviously, she went to the exact same legal school that he did.

BTW, it really might be appropriate to merge this thread with the one of athletes marketing holograms -- same underlying concept.

[Duke2Earl]

This is really very, very simple. Did he file the returns or not? To simple little me that seems like a yes or no question. The evidence is quite clear that he made a lot of millions of dollars during the years in question. So we are back to the yes or no question.... did he file returns and pay taxes on that income? Yes or no? If the answer is no... then all the rest of this crap is nothing but a smokescreen and Bye, Bye, Wesley.

[Gregg]

This is really very, very simple. Did he file the returns or not? To simple little me that seems like a yes or no question. The evidence is quite clear that he made a lot of millions of dollars during the years in question. So we are back to the yes or no question.... did he file returns and pay taxes on that income? Yes or no? If the answer is no... then all the rest of this crap is nothing but a smokescreen and Bye, Bye, Wesley.

To the conviction it's not even relevant if he paid the tax, he didn't file. I'm like you, it's a binary problem, were returns or requests for extensions filed? No? Well, that sure sounds like guilty to me.

[Nikki]

For the years at issue, he never filed any returns which qualified as valid against the appropriate tests.

He may have sent in tons of paper, but none of them included sufficient information to calculate a tax liability and were signed with an unaltered jurat.

[The Operative]

A U.S. Marshal sent a letter to Wesley Snipes ordering him to report to a prison in Pennsylvania no later than Dec. 9.

http://www.wesh.com/entertainment/25974187/detail.html
http://today.msnbc.msn.com/id/40456311/ ... rtainment/

[wserra]

FCI McKean is a medium with a satellite camp. In the middle of nowhere.

[grixit]

FCI McKean is a medium with a satellite camp. In the middle of nowhere.

Where he will redeem himself by producing, directing, and starring in, a new interpretation of "Bye Bye Birdie". Or maybe a musical of "The Longest Stage Entrance".

[LPC]

Now the Libertarians have chimed in:

Press Release

For Immediate Release
Friday, December 3, 2010
Wes for Wesley Snipes

Why men can't jump on Wesley Snipes

WASHINGTON - Wes Benedict, Executive Director of the Libertarian Party, issued the following statement today:

"The federal government's recent demand for tax protester Wesley Snipes to report to prison brings attention to how horrible the federal income tax system is.

"The three-year federal prison sentence for Snipes's failure to file tax returns is absurd. Snipes is not a threat to anyone, and the judge who sentenced him clearly just wanted to scare others who might think about resisting federal taxes.

"Maybe it's worth reminding people that Wesley Snipes was acquitted of tax fraud and conspiracy charges in 2008. He was only found guilty on misdemeanor charges of 'willful failure to file an income tax return.'

"Why is a failure to file a tax return a criminal non-act? Should people ever be sent to prison for not doing something? If the IRS wants to come after Snipes and take his money, they have power to do that. Who does it help to send the man to prison?

"The tax code is incredibly vague and open to interpretation. In fact, the 'law' is largely written by IRS bureaucrats. If they decide the law says one thing, you're OK; if they decide it's something else, then you're headed for prison.

"The federal tax code also allows for 'selective enforcement,' to put it mildly. Why is it that Wesley Snipes gets a prison sentence, but known tax cheat Tim Geithner gets promoted to Secretary of the Treasury? Maybe Tim should be Wesley's cellmate. Throw tax cheat politician Charlie Rangel in the slammer too for good measure.

"Why do people like Wesley Snipes and Tim Geithner work so hard to avoid paying taxes? Because THE TAX IS TOO DAMN HIGH! When the government wants to grab 35 or 40 percent of what a person earns, you can expect that person to spend a whole lot of time, effort, and money to get around it. Accountants and tax lawyers use a giant bag of tricks to help their clients pay less tax. When the IRS decides that they're just inside the legal bounds, then everything's great. But when the IRS decides they're just outside the legal bounds, now the person's supposedly a horrible criminal who deserves our hatred. Was Snipes a fraudster, or was he just trying to do what he thought the law allowed? It all depends on who you ask.

"Should we simplify the tax code? Obviously. But better yet, I want to get rid of the federal income tax and replace it with nothing. A federal government limited to its proper functions would cost so little compared to today's bloated, unconstitutional leviathan, that an income tax would be unnecessary.

"People can argue over whether non-payment of taxes is immoral, and whether people are 'avoiding' or 'evading.' (I think one of those two is illegal, but it's hard to remember which.) As an organization, we can't encourage people to break the law. Did Snipes break the law? I have no idea. Did he behave immorally? I don't know. What I do know is that the law is horrible, and the IRS is immoral."

For more information, or to arrange an interview, call LP Executive Director Wes Benedict at 202-333-0008 ext. 222.

The LP is America's third-largest political party, founded in 1971. The Libertarian Party stands for free markets, civil liberties, and peace. You can find more information on the Libertarian Party at our website.

###

[webhick]

Should people ever be sent to prison for not doing something?

No! I mean, when I see a little old lady, disabled kid, or a flock of nuns crossing the street on a cross-walk, I should be able to not avoid hitting them without fear of imprisonment.

[Nikki]

"Should we simplify the tax code? Obviously. But better yet, I want to get rid of the federal income tax and replace it with nothing. A federal government limited to its proper functions would cost so little compared to today's bloated, unconstitutional leviathan, that an income tax would be unnecessary.

It's safe to assume that "proper functions" includes only those things which are directly beneficial to him.

[BBFlatt]

I think it is worth reminding our viewing audience that Mr. Snipes was not sentenced to prision for "failure to file tax returns", he was convicted of a violation of IRC section 7203, captioned "Willful failure to file return, supply information or pay tax" [emphasis added]. Willfulness is more than forgetfulness or confusion about filing requirements; it requires overt acts to conceal income or otherwise hinder the governments efforts to determine the correct tax liability.

In Snipes' case the willfulness was established, at least in part, by his participation in schemes promoted by Eddie Kahn and Doug Rosile. Attempts to portray him as someone who just forgot to send in his 1040 are disingenuous at best.

[silversopp]

It's never safe to assume Nikki. There's a number of Libertarian posters here and you know our philosophy better than that. You've proved the saying about making assumptions.


I found Wes Benedict's message pretty lame in the research department. There are legitimate examples out there are people who are wrongfully targetted by the IRS that would have been much better to use. The argument that the tax code is confusing is certainly true...but if 99% of Americans can figure it out in a way to not get arrested, there is no excuse for a millionare with lawyers and accountants to get it wrong. And if he hired some real idiots to handle his paperwork, he should have fired them immediately and went to H&R Block as soon as the IRS started sniffing around. He's not a sympathetic character.