Sorry Snipes – Too Little, Too Late
In his Thoughts on Government, the second U.S. president, John Adams of Massachusetts, sagely observed that: "Fear is the foundation of most governments."
Based on its tax enforcement policies, the U.S. Internal Revenue Service could easily adopt that as its official agency motto.
Exhibit A: A "very sorry" Wesley Snipes, Hollywood star of the "Blade" movies, was sentenced to three years in prison last week for willfully failing to file U.S. income tax returns for 1999 through 2001. Snipes was convicted on three misdemeanor tax evasion counts.
U.S. District Judge William Terrell Hodges handed down the maximum sentence. The judge said he felt it was important to create a general deterrent against tax defiance. Prosecutors said Snipes had earned more than US$38 million since 1999 but still had not filed tax returns for the years 1999 through 2001 nor paid any taxes.
"I am very sorry for my mistakes and errors," Snipes told the judge. "This will never happen again."
Sorry Wesley. Too little, too late.
Co-defendant Eddie Ray Kahn, a longtime tax protester coached clients of his American Rights Litigators how you can supposedly “beat the tax system." He was sentenced to 10 years in prison for this mistake. Co-Defendant Douglas Rosile, whom prosecutors called a "defrocked certified public accountant," was sentenced to 4-1/2 years for his part in the scheme. Both were convicted of conspiracy and tax fraud.
This Snipes scandal reminds me of the tax evasion case of the late millionaire Leona Helmsley, who also went to jail. Like Helmsley, Snipes is a high-profile person. So the IRS wanted a show trial to scare all taxpayers into obeying the tax laws without question, “by pursuing a few prominent cases, making examples of those it judges to be violators" as The New York Times noted.
As a libertarian and a conservative I view taxes as, at best, a necessary evil.
I believe that when government takes wealth from some and gives it to others, it diminishes the rights and former’s well-being, and often destroys the latter’s independence. The issue of taxation involves nothing less than the human and natural right to own, use and enjoy private property. Property and wealth determine personal power to control our own lives, to make decisions and to live free. Every additional tax diminishes our freedom.
Nevertheless, the 16th Amendment to the U.S. Constitution granted Congress the power to "... lay and collect taxes on income, from whatever source derived, without apportionment among the several states and without regard to any census or enumeration."
And, oh boy, the politicians have had a wonderful time ever since, laying and collecting taxes.
Notwithstanding that language, it should be balanced by the statement of the late, distinguished Judge Learned Hand of the U.S. Court of Appeals in New York. In a memorable tax case dissent, Judge Hand offered these timeless remarks:
"There is nothing sinister in arranging one's affairs so as to keep taxes as low as possible...nobody owes any public duty to pay more than the law demands. Taxes are enforced exactions, not voluntary contributions." Commissioner v. Newman, 159 F2d 848, 851 (2nd Cir 1947).
A great deal of time and effort on our part goes into exploring and explaining legal ways by which you can avoid, minimize, and defer taxes – I repeat – legal ways.
The Biblical admonition to "'render unto Caesar" does not mean we have to surrender unto Caesar, and we shouldn't.
BOB BAUMAN, Legal Counsel
P.S. When we say “legal,” we mean it. In fact, the front page of every single one of our books contains our “tax creed,” that says we fully advocate full compliance with applicable tax and reporting laws. But you can still seek out 100% legal tax strategies. Click here for a few places where you can find these tax strategies abroad.
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