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To: spacewarp
"If in less than 1 day, Ancient_Geezer could find this caselaw and present it in this forum, then why couldn't the IRS present even 1/10th of this? The attitude is arrogance and abuse. Still a problem. Even if they are as right as possible about the law, their attitude and actions create a bitter problem that still must be addressed."

You don't know what you are talking about. The IRS explained the law to Simkanin numerous times. An IRS agent testified in the trial about his attempts to explain the law to Simkanin. He was one of many who tried.

Simkanin's own employees, including his accounts, explained the law to him. They showed it to him. They also testified to this in the trial.

And again, it isn't case law. It is in the US Code. It would take Simkanin or any idiot who can use the internet or read a book five seconds to find it.

Simkanin knew he was in violation. Do you think he tried to get a refund of $235,000 in taxes when he hadn't paid any, accidentally?
178 posted on 01/08/2004 12:22:23 PM PST by Hon
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To: Hon
The IRS agents in the first trial, and it was attempted in the second, were asked to produce the tax code that allowed for witholding. You were able to find it rather quickly. Instead of responding, they just declared they weren't going to answer the question. In the second trial, they were not even given the chance to declare their refusal to explain because the judge stomped on the defense attorney.

I do not know, or rather did not know about the $235,000. I agree that is clearly a problem. And quite frankly, if the government had presented its case above board and openly and honestly, I would have absolutely no issue with it. But the fact is, they didn't. They took the tack that they're better than the rest of us. If I took the stand and did what they did, I'd be in jail. I am NOT one of those who hates our country, as was so elegantly put in one of the prior posts. I love our country, and am trying to work for a better future. One where we don't have tyrants running our courts and tyrants running federal agencies that dictate to us what we will do and haughtily sneer when we ask them to explain where they derived the power to ask us to do it.

Again, if the prosecution had performed above board, I certainly would have been fine with a person, who knowingly broke the law, being prosecuted and thrown in jail. But this behind the scenes stuff, on such an important issue just reeks of tyranny. And if you don't worry, then you're in trouble. Eventually, they will turn worse and worse if they're allowed to get away with junk like this. Look at the 9th Circuit. They were allowed for so long to do stupid things that smacked of tyranny, and now, we have a kangaroo court out there. It starts out with one act and then another and another. And this one is just a perfect instance of the prosecutor and the judge and the IRS collaborating to ensure the status quo was not disturbed.

I hope you can see my point that tyranny cannot ever be defended, even if the concept they are arguing is correct, their methods were wrong.
184 posted on 01/08/2004 12:39:40 PM PST by spacewarp (Visit the American Patriot Party and stay a while. http://www.patriotparty.us)
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