Aaron Russo

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ShadesOfKnight

Post by ShadesOfKnight »

Demosthenes wrote:
ShadesOfKnight wrote: No one likes dealing with an asshole.
Then stop acting like one, and start thinking through your questions and responses before posting.
I, unlike others here, have yet to make any claims of knowledge about anyone else's opinions beyond what they're writing... or about their age... or about their ability to read (didn't think I saw that, eh?)... or about their ignorance (or lack thereof).

Thinking, however, I have done.
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Post by Demosthenes »

Which is what makes the Kuglin item really interesting that the Criminal Courts did not deal with the matter of whether or not there was a law...
Determining whether or not there is a law isn't the purpose of a criminal trial. The law wasn't on trial, Kuglin was.
ShadesOfKnight

Post by ShadesOfKnight »

Randall wrote:The state does not have the power to steal. Try again.
Fair enough. Poor word choice on my part. Replace "steal" with "take."
ShadesOfKnight

Post by ShadesOfKnight »

Demosthenes wrote:Determining whether or not there is a law isn't the purpose of a criminal trial. The law wasn't on trial, Kuglin was.
Again, not a lawyer... but is not the purpose of criminal trials to determine if a law has been broken?
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Post by Demosthenes »

ShadesOfKnight wrote:
Demosthenes wrote:
ShadesOfKnight wrote: No one likes dealing with an asshole.
Then stop acting like one, and start thinking through your questions and responses before posting.
I, unlike others here, have yet to make any claims of knowledge about anyone else's opinions beyond what they're writing... or about their age... or about their ability to read (didn't think I saw that, eh?)... or about their ignorance (or lack thereof).

Thinking, however, I have done.
Nah, you just call people assholes who are trying to show you where your logic falls apart. :roll:

Think harder.
ShadesOfKnight

Post by ShadesOfKnight »

Demosthenes wrote:Nah, you just call people assholes who are trying to show you where your logic falls apart. :roll:

Think harder.
Very well. Perhaps I'm missing it. What, in the following comment, addresses ANY of the logic I am using -
You know, you really should do some homework before arguing on here. Your lack of understanding of even basic ideals of law is simply staggering. I'm guessing you're a younger person - maybe 16ish? This fine, but do the work, then come back. Seriously, it would save so much time if you did some research before postulating your TP theories.
I might be missing it. Perhaps the "maybe 16ish" comment was meant to address the question of "win or lose."

Then again, maybe not.

I leave it to you. Show me, please. Which sentences in the quoted response show me where my "logic falls apart?"
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Post by Demosthenes »

ShadesOfKnight wrote:
Demosthenes wrote:Determining whether or not there is a law isn't the purpose of a criminal trial. The law wasn't on trial, Kuglin was.
Again, not a lawyer... but is not the purpose of criminal trials to determine if a law has been broken?
Compare the two:

a) to determine if a law has broken

b) to determine if there is a law

The jury decides a, not b.

Kuglin was charged with 6 counts (one for each tax year) of violating Section 7201.

Here's what Section 7201 says:

§ 7201. Attempt to evade or defeat tax

Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.
The prosecution showed that she made significant income, but paid no income taxes. The defense responded by saying true, but her evasion wasn't willful.

No law on trial. Just the sincerity of her beliefs.
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Post by Quixote »

ShadesOfKnight wrote:
Demosthenes wrote:Determining whether or not there is a law isn't the purpose of a criminal trial. The law wasn't on trial, Kuglin was.
Again, not a lawyer... but is not the purpose of criminal trials to determine if a law has been broken?
Yes. And the jury decided that Kuglin did not break the specific law she was accused of breaking. She was accused of tax evasion. To prove guilt, the government had to show atht Kuglin was required to pay taxes, knew she had to pay taxes, deliberately did not pay those taxes, and either lied to the government with regard to those taxes or hid money from the government. As wserra showed you, her defense was that she did not know she had to pay taxes. She apparently convinced the jury of that. (I have always thought the government's case was weak because she did not hide money, and the only lie she told was contained in her bogus W-4. Although lying to one's employer on a W-4 is technically lying to the government, the linkage is a bit weak.)
"Here is a fundamental question to ask yourself- what is the goal of the income tax scam? I think it is a means to extract wealth from the masses and give it to a parasite class." Skankbeat
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Post by wserra »

ShadesOfKnight wrote:Again, not a lawyer... but is not the purpose of criminal trials to determine if a law has been broken?
No. The purpose of a criminal trial is to determine if the prosecution can prove beyond a reasonable doubt that the defendant committed a crime. That exact phrasing is quite important to those of us who try (or used to try) criminal cases. That determination frequently involves lots of different issues on the same charge. Moreover, since criminal juries render general verdicts (guilty or not guilty on each count, without explanation), there is usually no tally on why the jurors voted as they did. That's why a criminal verdict is never a precedent for anyone other than the defendant on trial.
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ShadesOfKnight

Post by ShadesOfKnight »

Demosthenes wrote:Kuglin was charged with 6 counts (one for each tax year) of violating Section 7201.
Thank you. That is very informative and much more simple for me to get my head around.

She was not charged with failing to file then, it seems... on which the entire "No one has ever won" argument hinges.
The prosecution showed that she made significant income, but paid no income taxes. The defense responded by saying true, but her evasion wasn't willful.

No law on trial. Just the sincerity of her beliefs.
And that's the kicker. She wasn't being charged with failing to file.

Though I am still wondering why they would not have sought the penalties additionally in criminal court rather than civil court. Surely, the charge they used in civil court was not the same one as in criminal court?
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Post by wserra »

Bad timing, Caballero de la Triste Figura.

After the initial answers, we said much the same thing.
"A wise man proportions belief to the evidence."
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Post by wserra »

ShadesOfKnight wrote:She was not charged with failing to file then, it seems... on which the entire "No one has ever won" argument hinges.
Whether the charge was evasion or failure to file isn't the issue. No one has ever won based on the theories Russo propounds. Period.
"A wise man proportions belief to the evidence."
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Post by ShadesOfKnight »

wserra wrote:
ShadesOfKnight wrote:She was not charged with failing to file then, it seems... on which the entire "No one has ever won" argument hinges.
Whether the charge was evasion or failure to file isn't the issue. No one has ever won based on the theories Russo propounds. Period.
Agreed, but as we've found here... the theories Russo put forth were never tried for Kuglin and in fact weren't applicable.

Saying "I'm not required to file" as a defense against a charge other than "Failure to file" makes no sense. As you said, wserra, such intricacies of grammar are critical, yes?
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Post by Demosthenes »

Though I am still wondering why they would not have sought the penalties additionally in criminal court rather than civil court. Surely, the charge they used in civil court was not the same one as in criminal court?
The choose a couple hundred tax protester cases each year to go after criminally. She makes quite a bit more than the average tax protester (most are blue collar guys barely scraping by) so it's not surprising that she was prosecuted.

Her acquittal came at an interesting time in Tennessee. The state legislators had just attempted to pass a state income tax, and TN citizens did a mass demonstration at the state capitol. Tempers were hot and very anti-tax. I think she lucked out, timing wise.
ShadesOfKnight

Post by ShadesOfKnight »

Demosthenes wrote:
Though I am still wondering why they would not have sought the penalties additionally in criminal court rather than civil court. Surely, the charge they used in civil court was not the same one as in criminal court?
The choose a couple hundred tax protester cases each year to go after criminally. She makes quite a bit more than the average tax protester (most are blue collar guys barely scraping by) so it's not surprising that she was prosecuted.

Her acquittal came at an interesting time in Tennessee. The state legislators had just attempted to pass a state income tax, and TN citizens did a mass demonstration at the state capitol. Tempers were hot and very anti-tax. I think she lucked out, timing wise.
I might have missed it... but did you address the point I was making or the question I asked in this? Remember, simple please.
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Post by John J. Bulten »

ShadesOfKnight wrote:Funny. If ever you have to use "in that sense" and "100% accurate" in the same sentence, it seems that someone isn't being wholly forthright. Unfortunately, this kind of wordplay seems to be common on BOTH sides of the fence, which is why I find myself unable to accept either argument. Neither side seems able to simply state objective fact clearly and succinctly ....

See, that's what makes no sense to me. She was aquitted, and yet still got penalized. That's the kicker to the American Justice System. You can "win" legally and still be punished (over and over again, even) by your opposition going to civil court. Seems to me (again, not a lawyer), if you are not guilty then you're not to be punished ....

Given that information, it sounds to me like it was a simple case of economics then... The IRS could bring to bear near-infinite funds to fight her while her own resources were sharply restricted. This situation leads any individual to "roll over" in order to simply survive... principle tends to diminish when your family is starving, don't you agree?
As I said on the other thread, I'm a tax honesty advocate, so in the minority here, but hopefully fair and balanced enough.

As someone said above, there are many many wins against the IRS on the books. The forum regulars believe that most of them are by people who believe mainstream tax theory but successfully catch IRS in a real error (such as disallowing a deduction). The forum regulars believe that the remaining minority portion of wins, by people who espouse various mythical and/or realistic tax theories, might be classified as wins so far as the IRS does not get everything it asked for, but are never wins in the sense that any of the tax theories is thereby established.

I would tend to agree that I've seen no clearcut cases (and only a few borderline cases) that ever establish ironclad that a particular minority theory is valid. In the borderline cases, often the IRS claims conveniently that it knew the theory declared valid was valid all along. For example, in Schulz v IRS I and II, it was established pretty thoroughly that the IRS cannot enforce an administrative summons or other administrative process without obtaining a court order. The IRS claims in response to the court that it never intended its administrative summonses to be treated as more than mere requests and since they can always go get a court order nothing has changed. Then the tax beneficiary crowd (meaning e.g. this forum) points out that Schulz's tactical maneuver invalidates his case: since he deliberately made a motion which would be rejected if his theory (about administrative summonses requiring court orders) were true, when that motion was rejected he "lost" the case in normal parlance. This is merely a special pleading that ignores the fact that he got exactly what he wanted: he victoriously and rightly announced that his position was soundly vindicated, and strengthened the second time around (Schulz II). Thus you can see all kinds of doublespeak and spin that might ensue.

On this forum you'd better have a good constitution and be prepared for everything to be flung at you. Psyops are not uncommon. Trust no one (including myself) except your own conscience. You seem to have a good head for spotting ludicrosity, including that of the convoluted court system, and that of many self-serving tax theories. Keep in mind that the only conscientious position is tax honesty: to follow the laws as written (with a very occasional exception for civil disobedience, which you should regard as more limited than you might think). In that case you will steer clear of the convolutions of both tax beneficiary myths and tax patriot myths, and you will be unaffected by any convolutions the courts or the IRS throw in the way of justice. (And please don't get worked up when they make fun of you.) It is well-known that true heroes follow their consciences, their principles of right, even if it takes them to jail or death; while the vast majority do roll over and (as Imalawman said of himself here) much prefer the temporary benefits of slavery.

For years I read Larken Rose (who is now back out of jail) and could never quite put my finger on whether he was right or wrong, and still have a fond hope that he'll come out all right. However, I think the evidence Pete Hendrickson has accumulated at losthorizons.com counts as relatively victorious. That is, hundreds of checks, refund letters, and credit notices, totalling nearly $2 million, given to people who have filed their forms in what we believe is the most lawful and proper fashion. I would be remiss not to plug the forum which is available at http://www.losthorizons.com/Forum3/forum.asp?FORUM_ID=3 . (Full disclosure: the DOJ entered 10 suits against Pete and direct followers to my knowledge, of which the first 3 were "won" by Pete (DOJ requested dismissal), and of the later flurry of which, 4 were settled by Pete's followers and 3 "lost" and under appeal by Pete, Joy Ferguson, and Jim Spitzer. There are a few other suits which mention Pete in passing which I'm not counting.)

Note that we definitely support Russo's well-researched and wide-reaching movie, but we believe he made a significant error in tax position (which does not invalidate the tax honesty movement or his movie at all, but does vitiate his arguments if brought to court). I don't know Kuglin's position, but she may have made the same error. However, you might find this paradigm shift easy to make. It's not that "there is no law making me liable"; it's that there IS a law (26 USC 1) which makes SOME people liable, and there is (possibly false) evidence that you are one of those people. So all you need to do is correct that evidence if it's false. The paradigm shift includes the comforting realization: it's not that the scheme is unjust, it's that it's perfectly Constitutional and will serve you and other Americans well if used rightly instead of deceptively.

Now watch how they spin me.
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Post by Quixote »

Saying "I'm not required to file" as a defense against a charge other than "Failure to file" makes no sense.
Sure it does. If she were not required to file, she would not be required to pay, so she would not be guilty of evasion. It makes little difference, unless someone has an argument that they are not required to file that does not also argue that they are not required to pay. Such arguments exist only in TP fantasies. The real world is not that discrete.
"Here is a fundamental question to ask yourself- what is the goal of the income tax scam? I think it is a means to extract wealth from the masses and give it to a parasite class." Skankbeat
ShadesOfKnight

Post by ShadesOfKnight »

Quixote wrote:Sure it does. If she were not required to file, she would not be required to pay, so she would not be guilty of evasion.
My understanding differs. Filing has little (if anything) to do with paying... One can pay and not file, or file and not pay.

Just because you have to file doesn't mean you have to pay, and vice-versa.

After all, if they were as inextricably linked as you say here, why would withholding exist? Can't pay without filing, so why pay year round and only file once?
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Post by LPC »

ShadesOfKnight wrote:
Demosthenes wrote:Determining whether or not there is a law isn't the purpose of a criminal trial. The law wasn't on trial, Kuglin was.
Again, not a lawyer... but is not the purpose of criminal trials to determine if a law has been broken?
There are several legal issues that can arise in a criminal trial.

For example, a defendant can move to dismiss the charges because the law he is accused of violating is unconstitutional or otherwise invalid. Tax deniers frequently make those kinds of motions and they always lose because the tax laws are valid and constitutional.

But when a case goes to trial, and is presented to the jury, it means that the judge has already ruled that there is a criminal statute, the statute is valid, and there is at least some evidence that the defendant violated the statute. Those rulings are all rulings of law, and if the judge writes an opinion that is published, the opinion can be quoted in other cases as a "precedent" that the statute is valid, or how much evidence is needed to go to trial.

In a failure to file case, the government must generally prove three things: (1) that the defendant had enough income to require the filing of a return, (2) that the defendant did not file a return, and (3) that the defendant's failure to file was "willful," meaning that the defendant knew that she was required to file and chose not to file.

If the jury finds for the defendant, the defendant goes free, but it doesn't mean anything to any other defendant because the facts of every case are different. So, for example, the fact that Vernice Kuglin's jury found that she did not act willfully has ntohing to do with the decision by Larken Rose's jury as to whether Larken Rose acted willfully. Different taxpayers, different evidence, different juries, different courtrooms, different trials, different verdicts.

Incidentally, OJ Simpson was found not guilty of murder, but was later sued by Ron Goldman's family and a jury found him liable for damages for the wrongful death of Ron Goldman (who had been killed along with OJ Simpson's ex-wife). So OJ was still civilly liable even though he was not guilty of criminal charges. One reason that can happen is that the burden of proof is different. In a criminal trial, the government must prove guilt "beyond a reasonable doubt," which is something like 90+% certainty, but in a civil case the burden of proof on the plaint is only a "preponderance of the evidence," which is only a "more likely than not" or 51% certainty.
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.
ShadesOfKnight

Post by ShadesOfKnight »

LPC wrote:There are several legal issues that can arise in a criminal trial.
Thank you very much for this... it was very simple and concise.

Question: do you know if the Kuglin case did bring up the issue of law being valid, since that would happen before the trial in your sequence of events?