(Death and) taxes.


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Anatess, that is simply not a true story. Please give TaxCourt cites.

 

 

Sorry, Anatess. Just noticed the date of your story.:-)

Here's a cite on a similar but more complicated case around about the same time. This is more complicated because Cheek paid taxes prior then stopped doing so and asked for a refund for his withholding tax stating that he believes it is unconstitutional. Filing the withholding authorization is evidence that you think you owe taxes. My appliance repair person files taxes 4 times a year claiming 0 taxable income ever since he started his business because he doesn't believe he owes taxes - he couldn't find anything in the law that applies to him, although he believes paying income taxes is constitutional. Cheek got convicted in the Trial Courts, he appealed all the way to the Supreme Court and the Supreme Court dissented with the Trial Court's procedure so it got thrown back to the Trial courts for a re-trial. Cheek eventually got convicted because the jury believed he willfully failed to pay taxes knowing he owes them (he couldn't convince the jury that he truly believes he doesn't have to pay taxes as his reasoning of it being unconstitutional is not a valid defense). My appliance repair man on the other hand is ready, willing, and able to pay taxes when the IRS tells him how much he owes.

https://supreme.justia.com/cases/federal/us/498/192/case.html

Note the holding:

A good-faith misunderstanding of the law or a good-faith belief that one is not violating the law negates willfulness, whether or not the claimed belief or misunderstanding is objectively reasonable. Statutory willfulness, which protects the average citizen from prosecution for innocent mistakes made due to the complexity of the tax laws, United States v. Murdock,290 U. S. 389, is the voluntary, intentional violation of a known legal duty. United States v. Pomponio,429 U. S. 10. Thus, if the jury credited Cheek's assertion that he truly believed that the Code did not treat wages as income, the Government would not have carried its burden to prove willfulness, however unreasonable a court might deem such a belief. Characterizing a belief as objectively unreasonable transforms what is normally a factual inquiry into a legal one, thus preventing a jury from considering it. And forbidding a jury to consider evidence that might negate willfulness would raise a serious question under the Sixth Amendment's jury trial provision, which this interpretation of the statute avoids. Of course, in deciding whether to credit Cheek's claim, the jury is free to consider any admissible evidence showing that he had knowledge of his legal duties. Pp. 498 U. S. 199-204.

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Dravin saw beefche turning into the Hulk today. I got our return back for review before submission.  I HATE TAXES!  I had to look at the info and review last year's return as I thought I saw an error.  Poor Dravin saw the green skin appearing (along with my snarling, snapping, and overall growl-ly attitude) and hid in his man-cave.  I hope our marriage survives my Jekyll and Hyde personality during tax season....

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Dravin saw beefche turning into the Hulk today. I got our return back for review before submission.  I HATE TAXES!  I had to look at the info and review last year's return as I thought I saw an error.  Poor Dravin saw the green skin appearing (along with my snarling, snapping, and overall growl-ly attitude) and hid in his man-cave.  I hope our marriage survives my Jekyll and Hyde personality during tax season....

I know the feeling. I picked mine up yesterday. I now have to write my check to the Feds and the State. I have warned those I work with to be on guard the 15th of this month. Lol

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Knowing what kind of experience someone close to me has had with the IRS, I don't buy it.

I'm not selling.

But, just out of curiousity... are you saying I'm lying?

Edited by anatess
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