🚀 go-pugleaf

jgadams@leland.Stanford.EDU (Joseph G. Adams) wrote:

Daniel J. Lavigne <taxfree@planeteer.com> wrote:

>While I can think of no similar manner by which 
>Americans can lawfully and ethically avoid the 
>payment of taxes other than by claiming that their 
>humanity is of such significance to them that they 
>can no longer support societal insanity; an entry at:
>
>http://www-leland.stanford.edu/~jgadams/mail.html
> 
>states the following:
> 
>>Date: Mon, 28 Oct 1996 20:28:14 -0800
>
>>Gee if income tax were legal why in 1991 did the 
>>Supreme Court rule that if you honestly believed in 
>>"not" paying income tax you cannot be sent to prison?

That person was refering to Cheek v. United States, 
498 U.S. 192 (1991).

In that case, the Supreme Court held that a 
good faith misunderstanding of the tax laws 
may prevent the court from finding that the
defendant acted willfully, which is necessary 
to convict the defendant of criminal tax evasion.

The court did not hold that Americans may 
avoid paying the income tax because they 
disagree with it, but rather that people 
can't be sent to prison if they genuinely 
misunderstand the tax laws.  Similarly, this 
doesn't mean that the person won't have to 
pay the tax or penalties for late payment, 
but rather that the person won't go to jail.

BTW, I don't recommend that people use the 
letters that I receive as authoritative sources.  

I don't edit out the clearly erroneous ones,
usually because they're the most amusing.

http://www.geocities.com/CapitolHill/2278/
-- 
Joseph G. Adams
Stanford Law School, 3L 
http://www-leland.stanford.edu/~jgadams/

taxfree@planeteer.com (Daniel J. Lavigne) responds:

Most of the complaints posted at:

http://www-leland.stanford.edu/~jgadams/

seem to be the product of Americans dismayed at discovery that they must
pay each and every tax as set by their government and that their
government has the �right� to set such taxes and enact all necessary
laws by which collection of those taxes can then �lawfully� take place.

Principled tax protesters, if any exist within America, would do well to
review the conditions leading to Decision T2020-88 of The Federal Court
Of Canada - Trial Division, which, by operation of applicable law and
the court�s own rules, accepted that each and every human being has an
unassailable right, and a concurrent and unavoidable duty, to refuse to
support any society participating in plans and preparations involving
the will and the capacity to use nuclear and other weapons of mass
murder against fellow defenceless human beings.

Does any American possess courage and insight sufficient to claim the
above described right? 

Will America�s courts and governments ever permit any American to act on
a claim to the above described right?

Or has the nature that first gave rise to �AMERICA� so abandoned duty .
. . and manipulated the madness of greed that �hope for a meaningful
future� is a hopeless and meaningless shuffle wherein the courts, the
government and America�s citizens have so tired of lying to each other
that the voice of reason will never re-appear? 

Daniel J. Lavigne
Founder, Co-ordinator
International Humanity House
-- 
WAVING GOODBYE

When ashed and rising, 
In light's last flashing,
Will we wonder why?

Or awed and gaped, 
Wailing at Hell's gate,
Wave God's gift goodbye?

Copyright.  Daniel J. Lavigne, "Meanderings", 1985