Simkanin guilty of 29 counts of tax violations

Fort Worth Star-Telegram ^ | 1/8/2004 | Max Baker

[Protagoras]

Early on he said he was not in agreement with those who thought government caused problems. I took him at his word on that. I didn't vote for him then, and I won't now.

[spacewarp]

Well, let me ask, what if Simkanin was right? What if the witholding is a violation of the Constitution? And that "lawful tax collection" isn't so lawful after all? What if? We won't know because the judge decided the case before it was ever presented. Denying motions without even reading them is judicial arrogance. Sustaining objections not even made is judicial malprudence. Preventing the defense from even presenting a case, forget presenting it's case, is judicial abuse. Refusing to answer questions under oath because you know the judge won't bother you about it is arrogance and smacks of buyoffs. The whole thing doesn't pass the smell test. It stinks to high heaven.

[Cultural Jihad]

Speak for yourself.

[citizenx7]

Wake up!
You don't seem to get it, that in our Republic, the people are the final arbiters. They have the Constitutional right to step in and make necessary corrections.

I sometimes get the impression that if the government said the sky is orange, you would say: "Oh, I'm starting to see it now...yes!"

Of course, the jury, and the people can eliminate bad law, why do you think you can still buy a mixed drink today, if your so inclined?

We can fix the problem of bad government if enough of us want to. Don't wait for government to admit their wrong, we won't live long enough to see that happen!

[MamaTexan]

Couldn't people file a class action lawsuit against the IRS.

That's EXACTLY what needs to be done.

U.S.C., TITLE 18,Part I, Chapter 13, SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

One of the primary foundations in the establishment of our country is that we have an unalienable right to the fruits of our labor.

[Protagoras]

but the alternative is to have voluntary payment of taxes.

Nonsense. There are many alternatives. But they do not suit the needs of the rulers. Or their apologists.

[AppyPappy]

The courts have already ruled on the matter. This guy is guilty of falling for a scam based on lies. It's no different than the people who fall for the Nigerian scam.

[Protagoras]

Speak for yourself.

I will if you will.

You spoke for the whole forum with this line;
Here at FreeRepublic we do not cheer fraud and abuse in government, and neither do we do so in citizens.

[sinkspur]

What if the witholding is a violation of the Constitution?

It's not. The USSC has decided it.

And that "lawful tax collection" isn't so lawful after all? What if?

It is lawful. Same USSC.

We won't know because the judge decided the case before it was ever presented.

The judge does not have to allow settled law to be argued in a courtroom.

That's all you tax protesters have, to put the law on trial instead of the perp.

If you don't like the law, change the law! I'll help you. I'll give money to you.

But if I've got to pay taxes and witholding, Simkanin's got to pay taxes and witholding.

And the idjit would, apparently, rather go out of business and put people out of work than pay the taxes he owes!

[Cultural Jihad]

Everyone is entitled to do whatsoever they want to, so long as they accept the consequences of their freewill actions. Henry David Thoreau was once jailed for refusing to pay a poll tax he thought was unjust. A friend came to visit him and asked him, "What are you doing in jail?" to which Thoreau replied, "And what are you doing out of jail?"

[Dead Corpse]

I'm still trying to figure out what my alternatives are. Democrat/Green was never an option. The LP has lost its mind over the Terrorist issue. The Constitution party was always a bit too southern Baptist for my pagan tastes. I could vote for Tancredo or Paul on a Republican ticket. But pigs will fly first before the GOP gives up on their golden boy George.

Not voting, joining the other 51% of the population who can't be bothered or no longer believe in the system, is not an option either. It has long been my belief that apathy does more harm than good in the long run.

Something has got to give eventually....

[sinkspur]

They have the Constitutional right to step in and make necessary corrections.

Yes. Through their elected representatives.

Of course, the jury, and the people can eliminate bad law, why do you think you can still buy a mixed drink today, if your so inclined?

Yes. That was done through a constitutional amendment, not through juries deciding that people could have stills in their back yards.

[Cultural Jihad]

That is true. There are anarcho-ideologues and social-Darwinists who cheer the corruption of the populace, the corrosion people's ability to self-govern, and the shirking of personal responsibility as some kind of sacred rights. But when I said 'FreeRepublic' I excluded those self-marginalized types from my statement.

[Cultural Jihad]

That is true. There are anarcho-ideologues and social-Darwinists who cheer the corruption of the populace, the corrosion of people's ability to self-govern, and the shirking of personal responsibility as some kind of sacred rights. But when I said 'FreeRepublic' I excluded those self-marginalized types from my statement.

[Lazamataz]

All I've gotta say is that they can't jail all of us.

Um, wrong. With RFID technology and Matrix records-crossreferencing, they are coming up with dandy ways to jail us while we seem to be free.

[microgood]

The judge told jurors they could not question the constitutionality of the tax code.

A juror does not have to listen to anything the judge has to say.

[Dead Corpse]

So the USSC has said the US Constutition allows for withholindg?

Article. XVI. [Proposed 1909; Questionably Ratified 1913]
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

They must be using a different copy of the Constitution. Where does it say the government can make an employer a defacto IRS agent by forcing them to withhold income taxes? Or is this another thing like Roe V Wade where the USSC is somehow granted authority, from somewhere, to WRITE law?

[sinkspur]

A juror does not have to listen to anything the judge has to say.

That's absolutely true. If anything, Simkanin ought to kick his defense attorney, Arch McColl, for not getting the right jury.

[Gunslingr3]

Marbury vs. Madison sets the precedent that the USSC decides the constitutionality of laws.

And the Constitution empowers the Congress to set exceptions to areas of review by the Supreme Court. Furthermore, nothing in Marbury v. Madison says that juries cannot examine and use as criteria their own judgement about the constitutionality of laws. If so, surely you could point it out. In fact, John Jay, first Cheif Justice of the USSC wrote in the decision Georgia v. Brailsford, "The jury has a right to judge both the law as well as the fact in controversy."

If you weren't aware of this, that's fine, no one could or should expect omniscience in their fellow man. But to deny this upon learning of it is to deliberately maintain ignorance in the face of evidence, ergo you are unreasonable. I won't bother trying to reason with you anymore.

[spacewarp]

Well come visit our site and take a look. The American Patriot Party is a young and growing party. We're harnessing the power of a positive message of change and a return back to the limited government our country was founded on. We oppose the IRS, DOE, and many other of the alphabet soup for the government departments. We believe there is too much fraud and waste in our government and are willing to fight to get things done about it. We are conservative for the most part, but we also have the platform that the government should stay our of our personal lives as long as we're not hurting anyone. I guess the easiest way to describe our philosophy is "Government out of our pocketbook and bedroom."

The American Patriot Party is found at http://www.patriotparty.us Paul