Quixote wrote:Meachum stated that someone hada power of attorney for Snipes that included the power to sign returns. (I don't believe that is possible unless Snipes were actually incapable of signing his returns himself.)
Right. See 26 CFR 1.6012-1(a)(5). Basically, the only times an agent can sign a return are:
(a) Disease or injury,
(b) Continuous absence from the United States (including Puerto Rico), for a period of at least 60 days prior to the date required by law for filing the return, or
(c) Specific permission is requested of and granted by the IRS for other good cause.
Even so, the taxpayer must file Form 2848 and sign it. The obvious question is, as Quixote says, if this is so, why was it not shown at trial? That would certainly seem to bear on willfulness.
Answer: because it's all bullshit.
"A wise man proportions belief to the evidence."
- David Hume
The Larry King show with Wesley, his lawyer and the celebrity judge completely lacked intellectual rigor. At least Fox tries to have a token political opponent to give the audience at least the appearance of objectivity. But on CNN, a news leader, what the audience got was the lie that the Snipes case was "gamesmenship" on the part of the justice department--that African-American jurors were not seated on the jury through deception, that Wesley was going to jail for a misdemeanor when tax cheats guilty of felonies got suspended sentences or just probation; that the amount of the tax that he had cheated the IRS was under a million, and that others with much greater cheating tend to be given a slap on the wrist.
The program was pitiful in terms of objectivity. I'm sure it will increase the false judgments about how biased the system is, especially when the perpetrator is a "wonderful man" like Wesley Snipes who donates so much of his time and money to worthy causes.
The Wikipedia section on his tax charges clarifies the facts of the matter, and that his appeal of the conviction was without merit:
Federal tax convictions
On October 12, 2006, Wesley Snipes, Eddie Ray Kahn, and Douglas P. Rosile were charged with one count of conspiring to defraud the United States under 18 U.S.C. § 371 and one count of knowingly making or aiding and abetting the making of a false and fraudulent claim for payment against the United States, under 18 U.S.C. § 287 and 18 U.S.C. § 2. Snipes was also charged with six counts of willfully failing to file Federal income tax returns by their filing dates under 26 U.S.C. § 7203.[14] The conspiracy charge against Snipes included allegations that he filed a false amended return including a false tax refund claim of over US$4 million for the year 1996 and a false amended return including a false tax refund claim of over US$7.3 million for the year 1997. The government alleged that Snipes attempted to obtain fraudulent tax refunds using a tax protester theory called the "861 argument" (essentially, an argument that the domestic income of U.S. citizens and residents is not taxable). The indictment said Snipes used accountants who already had a history of filing false returns to obtain refund payments for their clients.[15] The government also charged that Snipes sent three worthless, fictitious "bills of exchange" to the Internal Revenue Service (IRS) in the amounts of $1,000,000 (on November 30, 2000), $12,000,000 (January 18, 2001), and $1,000,000 (September 10, 2002), with each accompanied by an IRS tax payment voucher coupon.[16]
Snipes was a client with American Rights Litigators, which Kahn operated. As a client, Snipes gave a percentage of his tax refunds to Kahn's organization.[17]The government also charged that Snipes failed to file tax returns for the years 1999 through 2004.
In a December 4, 2006 letter from Snipes in response to his indictment, he declared himself "a non-resident alien" of the United States (in reality Snipes is a US born citizen).[18] Snipes said he was being made an example of and unfairly targeted by prosecutors because of his fame in connection with the federal tax fraud investigation. He attempted unsuccessfully to get the trial moved away from Ocala, Florida on the ground that racist attitudes in that town would prejudice his chance for a fair trial.[19] Snipes faced the possibility of up to sixteen years in prison and substantial fines if convicted on all the charges.[20] The trial began on January 14, 2008, in Ocala, Florida,[21] with opening statements beginning on January 16, 2008.[22]
Mug shot of Snipes taken in April 2008.On February 1, 2008, Snipes was acquitted on the felony count of conspiracy to defraud the government and on the felony count of filing a false claim with the government. He was, however, found guilty on three misdemeanor counts of failing to file Federal income tax returns (and acquitted on three other "failure to file" charges). His co-defendants, Douglas P. Rosile and Eddie Ray Kahn, were convicted on the conspiracy and false claim charges in connection with the income tax refund claims filed for Snipes.[23][24]
On April 24, 2008, Snipes was sentenced to three years in prison for willful failure to file federal income tax returns under 26 U.S.C. § 7203.[25][26][27] While defense lawyers urged leniency, prosecutors argued that Snipes should be made an example of because of his fame.[5] Kahn was sentenced to ten years in prison, and Rosile was sentenced to four and half years in prison.[28] Until December 9, 2010, Snipes remained free on bail to work, even traveling internationally, while he appealed his conviction.[29][30] In April 2009, the Los Angeles Wave reported that Snipes has refused to answer certain questions in connection with a talent agency lawsuit in which the agency claims that Snipes owes over $1.4 million in commissions. Snipes is reported to have taken the position that his answers could incriminate him in a federal tax investigation. Lawyers for the talent agency stated that Snipes' lawyer advised the lawyers for the talent agency that "Snipes and his [ . . . ] companies are under an additional investigation by the Internal Revenue Service and Snipes would be asserting his Fifth Amendment right against self-incrimination and would not answer any questions at his deposition."[31] On May 22, 2008, the trial court ruled that Snipes could remain free while his appeal is being considered.[32]
On July 16, 2010, in a 35-page decision, the United States Court of Appeals for the Eleventh Circuit affirmed Snipes' convictions.[33][34][35] At the conclusion of its decision, the Court of Appeals stated:
Although Snipes argues that there were mitigating factors that the judge did not specifically mention at sentencing, these facts -- his college education, his family, and his charitable activities -- do not compel the conclusion that the sentence crafted in accordance with the 18 U.S.C. [section] 3553(a) factors was substantively unreasonable. The district court acted well within its considerable discretion in sentencing Snipes to thirty-six months in prison.[35]
On November 19, 2010, the United States District Court in Ocala, Florida denied motions for permission to interview jurors and motions for a new trial which had been filed by attorneys for Snipes. The Court ordered that the judgment of commitment be enforced.[36] In the seventeen page Order, the Court also granted the prosecution's motion to revoke the bail for Snipes.[37]
Last edited by Number Six on Sun Dec 12, 2010 8:45 pm, edited 1 time in total.
'There are two kinds of injustice: the first is found in those who do an injury, the second in those who fail to protect another from injury when they can.' (Roman. Cicero, De Off. I. vii)
'Choose loss rather than shameful gains.' (Chilon Fr. 10. Diels)
I have a bizarre theory on why Snipes went on Larry King, and it's all about the outing of that juror. Snipe's defense team thought they needed the juror as part of their useless juror misconduct hail mary filing, but the defense team had been prohibited from talking to the juror.
The judge wrote:
Defendant Snipes filed a motion for permission to interview jurors about possible misconduct
Upon due consideration, for the reasons explained below, the Court has
determined that each of the Defendant’s foregoing motions should be, and will be,
Denied.
2 The Court has no reason to doubt the veracity of defense counsel as officers of the Court, and their representations concerning receipt of these messages are accepted without further proof.
Larry King's show had no such prohibition and I think Snipe's team thought that King's show would unearth stuff they couldn't.
Of course, the very thing that made it easy for Snipes to sound off without any hardball questions (Larry King is a wimp) also meant that Larry King wouldn't think to question the juror further.
Regarding Snipes' current residence -- from an Associated Press report a few minutes ago:
The minimum security prison camp is worlds away from the harsh prison fortresses depicted in the Snipes' films "Undisputed" and "Brooklyn's Finest." The minimum-security camp doesn't have fences around its perimeter.
The 300 nonviolent inmates live in barracks that feature two-man rooms, daily showers and double-feature movie showings Friday through Sunday. Alas, no NC-17, R or X ratings allowed, which knocks out much of Snipes' action-heavy repertoire.
It was going downhill fast until "La Doctora" Injected some facts into the situation. Someone who hangs out around here maybe?
19
1.
Stan
Dec 7, 2010 8:51 PM CST
He may or may not have committed this crime, which is not concidered a violent crime, but atleast give the man the right to be with his kids for Christmas before he has to do a 3 year term. There is so much debate of wether or not Wesley delibrately not paid his taxes and why the courts would not except his offer of ?? $$, but my opinion, it sounds shady…..
2.
Jeffrey Sneller
Dec 7, 2010 8:52 PM CST
This verdict was gamesmanship. Wesley Snipes was a trophy. Are there any attorneys willing to help find a way to get his sentence commuted to probation and community service? I do not believe that defense funds for this effort will be a problem. My e-mail address is: jmsneller@aol.com
Demosthenes wrote:Snipe's defense team thought they needed the juror as part of their useless juror misconduct hail mary filing, but the defense team had been prohibited from talking to the juror.
But it's impeaching the verdict any way you slice it.
Or are you saying that these guys are so dim they don't understand?
"A wise man proportions belief to the evidence."
- David Hume
Thanks JJ. I see your fascination with runaway tax slaves continues unabated. Dave Miner's take on the Snipes case differs somewhat from the Quatloosian: [Edited to remove promotional link]
It does all hinge on the definition of income for purposes of taxation, doesn't it?
BTW, I am still a freeman. The beast is coming down. Y'all enjoy yer weekend!
Snipes has been adamant that he's "not a tax protester" rather than admitting the truth. It's a pity he didn't use his fame to warn other scam victims about people like Eddie Kahn and Doug Rosile.
