Posted on 08/10/2003 6:20:37 AM PDT by sopwith
IRS Loses A Big One
Memphis Pilot Acquitted of Tax Evasion Charged With Filing "False" W-4s
On Friday, a Memphis federal jury acquitted FedEx pilot Vernice Kuglin of six counts of felony Tax Evasion and Willful Failure to File tax returns.
Ms. Kuglin's attorneys, Tax Honesty Movement barristers Larry Becraft and Robert G. Bernhoft, told reporters that Kuglin was indicted seven months ago and had refused to plead the case out for a lesser sentence. During her testimony Kuglin testified that since 1995, she had sent numerous letters to the IRS requesting that they inform her of what law required her to pay the Individual Income Tax. To this day, she has not received an answer.
At 1:30 Friday afternoon, the jury returned not guilty verdicts on all counts.
After the jury had been excused the U.S. Attorney reportedly demanded that the Judge order the defendant to file her forms, pay her taxes and obey the law. The Judge reportedly replied "Sir, I don't work for the IRS."
The case is: U.S. District Court, Western District of Tennessee (Memphis) # 03-CR-20111, USA v. Kuglin.
The news story below comes from the August 9th edition of the Memphis daily newspaper, The Commercial Appeal:
Jury acquits pilot, who questioned IRS, of tax-evasion counts
By Shirley Downing downing@gomemphis.com August 9, 2003
A federal jury Friday found FedEx pilot Vernice Kuglin not guilty of evading income taxes on $920,000.
The question of tax payment was unresolved at the end of the five-day trial.
"I think it is safe to assume the IRS will attempt civil collection, but she is not guilty of tax evasion," said defense attorney Robert Bernhoft of Milwaukee.
"I feel justified," a grinning Kuglin said after the verdict was returned at mid--afternoon. She stood outside the federal building, chatting with supporters and jurors.
Federal prosecutor Joe Murphy was not available for comment.
Kuglin, 58, was charged with six counts of tax evasion that could have meant up to 30 years in prison and $1.5 million in fines.
The government accused Kuglin of filing false W4 forms for the period from 1996 to 2001.
Kuglin, a pilot for FedEx since 1985, said she had paid taxes like anyone else for most of her life. But about 10 or 11 years ago, she began to question the federal tax system. She began to read court documents, legal opinions and the federal tax code.
She said she found what she felt were contradictions. She wanted to know where in the federal tax code it said she was liable for taxes.
Kuglin wrote the Internal Revenue Service twice in 1995 with questions but said she didn't get a response.
Murphy, in closing arguments on Thursday, said Kuglin did have an opportunity to discuss her situation with the IRS, to learn what she owed and what documents she was required to file "and she didn't."
Defense attorney Larry Becraft of Huntsville, Ala., said Kuglin decided mandatory payment of income taxes "did not apply to her."
After the verdict Friday, Becraft said the federal tax code is a confusing conglomeration that "at best is a walking due process violation."
He said the average American simply doesn't understand the tax code.
Juror Barbara Snodgras of Memphis said the jury did not convict because "we all felt that the prosecution didn't prove its case."
When asked if she planned to start paying federal income taxes again, Kuglin replied: "I will pay all the taxes for which I am liable."
LOL
No one in this country should complain about paying their fair share of taxes, the problem is when you have to cough up almost HALF your income, that is a huge theft from the Local/State/Fed gov't.
I noticed their rates went up again...
BTW, this may ruling could force the congress to clarify the tax code....hahahaha...WHO AM I KIDDING?...Flat Tax (10%-12%) or Nat. Sale Tax, Anyone???....GO, Armey, GO.
She will! After the audit!
For those against an NRST thiking it's just another VAT tax, read the FAQ at the above link. This isn't a VAT tax. Do not continue to confuse the two.
If you trade $100.00 worth of labor for $100.00 worth of income you haven't gained anything! There is no gain to tax!
If I buy a car for $1000 and then sell the same car for $1000, do I owe (income) tax? Of course not! I have no income to tax.
If I sell the above car for $1100, then I have only $100 of taxable income.
When you trade your labor for wages, there is no gain to you. The check you get on Friday is an even trade for the hours you put in.
She's not going to be given a choice. She should expect the IRS to start seizure and forfeiture actions in the very near future.
Oh!,I understand...I know, Arcer (R-Tx) proposed the NRST...couldn't think of his name. Post #15 makes a lot of sense...but, tax reform IS needed...repeal the 16th Adment./Abolish the IRS...very heavy fines/long prison time to those who cheat...there will be some.
Not that I defend the outrageous tax system in this nation: it's merely a way for a large government to control its citizens...
If Kuglin is smart, she will have liquidated her assets (eg, into diamonds or platinum) and given them to a friend for safekeeping while the IRS attempts to revv up any potential civil court case against her. (And by all means she seems to be smart...)
Actually, that would be about the stupidest thing she could do.
First off, if the assets are liquidated into diamonds and platinum, she's denied their use for the duration--and when she surfaces them, the IRS will simply confiscate their share. Second, she's now entirely dependent on the honesty of her friend, because she will have zero legal recourse if the friend decides to disappear with the loot, or even disposes of it for his/her own profit elsewhere. I know someone this happened to.
Yes, indeed. The only thing the IRS has lost is the criminal case--not a big issue. They will win a judgement for the cash.
Hmm, not if she is out of the country... And diamonds don't set off metal detectors...
Second, she's now entirely dependent on the honesty of her friend, because she will have zero legal recourse if the friend decides to disappear with the loot, or even disposes of it for his/her own profit elsewhere. I know someone this happened to.
Yep, that is a possible problem. She could also use relatives, although similar issues arise.
But that aside, I do not think the IRS is so omniscient that a person can't make it off the grid given some financial momentum like she should have.
The foregoing does not constitute legal, tax, or financial advice. Void where prohibited. For tax advice please see a qualified accountant. For legal advice consult a lawyer. For educational and discussion purposes only. (Etc.)
Sure. But she'll effectively be a stateless person, with all priveleges thereunto pertaining. including an abject inability to avoid being ripped off.
One of the things that the "go offshore to evade taxes" people don't get is that most offshorers are going to pay out far more in bribes and "protection money" to local law (and lawlessness) elements than they'd ever pay in taxes.
But that aside, I do not think the IRS is so omniscient that a person can't make it off the grid given some financial momentum like she should have.
You know how many prosperous gringos disappear offshore to evade taxes? Not very many. Care to guess how many of them wind up dead from a home invasion robbery in some Third World pesthole, the only attraction of said pesthole being that they refuse to extradite? Most of them.
She can go to Switzerland or Liechtenstein...if she's worth a few billion (no, that is not a typo). Pikers worth a few orders of magnitude less need not apply.
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