Re: [MLUG - DISCUSSION] Wesley Snipes Acquitted of 2 Felonies in Tax Case

[Mike Miller <EMAIL:PROTECTED>]

On Fri, 1 Feb 2008, Jonathan King wrote:

> On Feb 1, 2008 10:37 PM, Vern Green <EMAIL:PROTECTED> wrote:
>
> > I know quite a few of these people who think like Snipes does. Get 
> > ready, since he seems to have one, you can just about go to the bank on 
> > the fact that others will attempt the same thing.
>
> You're probably right, but they are not likely to be so lucky. The only 
> hope a tax denier has is to find a sympathetic jury. If they are 
> convicted by a jury, the Appeals court history in these cases is 
> admirably consistent and negative. I am not sure that any of these cases 
> has ever been taken up by the Supremes.


My understanding is that Snipes got off on the *felony* counts (and not 
the misdemeanor counts) because he was able to argue convincingly enough 
that he really believed that it was OK not to pay the taxes.  A few 
interesting tidbits from NY Times:

   http://www.nytimes.com/2008/02/01/business/01cnd-tax.html

   Mr. Snipes was found not guilty on two felony charges of fraud and
   conspiracy. He was also acquitted on three misdemeanor charges of
   failing to file tax returns or to pay taxes, but was convicted on three
   others. He faces up to three years in prison.

[snip]

   Mr. Snipes, 45, was indicted in October 2006 on two felony charges:
   fraud for filing a false claim for a $7 million refund (of taxes paid
   in 1997, before he stoped paying taxes), and conspiracy with his two
   co-defendants to defraud the government.

   Mr. Snipes was also charged with six misdemeanor counts of failing to
   file tax returns or to pay taxes on at least $58 million he and his
   film company earned from 1999 to 2004.

   Since 1986, Mr. Snipes had appeared in more than 50 films, earning at
   least $103 million, court papers showed.

[snip]

   The Supreme Court has ruled that tax deniers can demonstrate the
   absence of criminal intent by asserting that they "sincerely believe"
   that they are not required to pay taxes, although they cannot escape
   the levies.

[snip]

   Last year Congress passed a law drafted by JJ MacNab empowering the
   Internal Revenue Service to impose $5,000 fines on people who assert
   tax denier claims not just in court, but also in papers sent to the
   agency. The law gives tax deniers one opportunity to withdraw the
   papers after the agency sends them a list of tax denier theories
   rejected by the courts.

   Ms. MacNab reiterated her recommendation to Congress that it define the
   concept of willfulness so that people who ignore the advice of
   competent tax professionals in favor of what scam artists tell them
   cannot claim they seriously believe that the tax laws do not apply to
   their income.

Mike

_______________________________________________
discussion mailing list
EMAIL:PROTECTED
http://mlug.missouri.edu/mailman/listinfo/discussion