Originally posted by CowboyCS:
quote:
Originally posted by Beretta682E:
You don't have any law/case law/administrative law backing your position. Just the fact you have not been prosecuted and have fallen thru the IRS/DOJ enforcement cracks. You also don't have a statute of limitation clock running in your favor. Others who have tried the same as sitting in Prison.
Most of banking and financial practices you have recommended cannot be replicated today - you have just fallen thru the cracks.
This kind of seems like playing russian roulette and having 4 blank pulls with a six gun loaded with one round. You cannot look at the outcome to date and say there is no risk going forward.
Mike
There is always risk when challenging the status quo or the system that is commonly accepted, that doesn't mean it shouldn't be challenged. As you say you would be scared to take this stand, I however am not, I was prepared to go to Federal prison then and I am prepared to go now if that is what should happen.
There is case law, the outcome of my own case sets precedent, I'm not the only person who has gone toe to toe with the IRS/DOJ and been found not guilty. The last one I remember hearing about was a lawyer in Shreveport, Louisiana named Tom Cryer if I remember correctly. He presented nearly the same arguments based on SCOTUS rulings that my lawyers did and he was also found not guilty. Of course I also remember hearing about Wesley Snipes, his lawyers tried to make the same arguments based on SCOTUS rulings and the Judge in his case refused to allow them to present the arguments. So it is a coin toss not because of the law persay but because you might get a judge that won't allow you to present the defense you want to present.
Law change all the time, the banking laws that allowed me to set up my life the way I have probably don't exist the same weay anymore, it has been nearly two decades since I decided to go this path in life.
As I said there is some risk but for me the risk is very low, first the burden of proof lies competely with the IRS/DOJ and they would be hard pressed to make a case against me. But lets say they do, first it starts to look malicious when they go after a person who has already proven their innocence in a court of law. Second without my voluntary compliance they will have a hard time proving my financials, I have a 5th amendment right not to self incriminate. And the third reason is the longer and farther you get from the system the less interest the system has in you. It's tough going the first few years, like I said I ended up in a Federal court where the outcomes were either I win and walk away clear or I pay for my choices for a long time and at great personal expense and risk of losing my freedom. After nearly two decades I doubt they have much interest in me anymore.
I've also noticed it's the people who are out there selling "systems" to get out of paying taxes or people who are famous that try to cheat the tax laws that generally peak the interest of the IRS...I think it is mostly about setting examples for the general public so they are intimidated into just paying their taxes so they don't end up with the evil eye of the IRS on them.
The numbers are simple...the gov't says there are a little less than 100,000 IRS agents(most of then aren't field agents), they have to deal with all the tax returns of every tax payer and person who is supposed to file a tax return but doesn't in the entire country meaning millions and millions of returns every year. The odds of them tracking down one individual who hasn't even shown up in their system in close to twenty years and then being able to prove a tax liability and prove it in a court of law no less...pretty slim actually when you think about it. In my experience mostly the IRS operates by threats and intimidation if you won't be swayed by either of those they can be dealt with.
Consider the fact that he IRS is even willing to negotiate a settlement for taxes...this in and of itself tells a smart man that if it's negotiable then they don't have the time and resources to prosecute everyone they simply want the quickest resolution that gets the gov't some money and keeps the individual paying into the future.
Like I said the path I chose is not for everybody and I'll agree it may not even be possible for someone to do what I did now days the laws may have changed to much by now.