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To: ancient_geezer

http://evans-legal.com/dan/tpfaq.html


1,184 posted on 09/30/2006 8:12:19 PM PDT by Mojave
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To: Mojave
Yep, I know Mr Evans' work well, he is right on target.

But then the reason his website exists right along with Quatloos! --- Tax Scam Museum
http://www.quatloos.com/Tax_Scams_Museum.htm is inherent to the current income payroll tax system.

But then what can one expect of a tax system so bad that it promotes its own violation:

"If you have ten thousand regulations you destroy all respect for the law."
-- Winston Churchill

United States v. Sloan, 939 F.2d 499 (7th Cir. 1991)
Argued that there is no law imposing a tax on income, that state citizens are exempt from income tax.

KANNE, Circuit Judge.

  • Like moths to a flame, some people find themselves irresistibly drawn to the tax protestor movement's illusory claim that there is no legal requirement to pay federal income tax. And, like the moths, these people sometimes get burned. Lorin G. Sloan believed these claims and because he acted upon them now faces four months in a federal prison; there can be little doubt that he has been burned.
  • The real tragedy of this case is the unconscionable waste of Mr. Sloan's time, resources, and emotion in continuing to pursue these wholly defective and unsuccessful arguments about the validity of the income tax laws of the United States. Despite our rejection of Mr. Sloan's legal analysis of the tax laws, we are not unmindful of the sincerity of his beliefs. On the other hand, we are less sure of the sincerity of the professional tax protestors who promote their views in literature and meetings to persons like Mr. Sloan, yet are unlikely ever to face the type of penalties incurred by him. It may be that our decision will not alter Mr. Sloan's views regarding the tax laws of this country, for he has stated that if we affirm his conviction without applying the law as he understands it, our decision will be "a sham to which I WILL NOT SUBMIT." It may also be that serving his sentence in prison will not alter Mr. Sloan's view. We hope this pessimistic assessment is incorrect.
  • We AFFIRM the conviction of Lorin G. Sloan on all counts.

 

"It will be of little avail to the people that the laws are made by men of their own choice, if the laws be so volumionous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man who knows that the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule which is little known and less fixed?"
--James Madison, Federalist #62

Adam Smith, the father of modern economic thought, had a lot to say about taxation in his still great book Wealth of Nations pp. 561-64. Here is what he had to say about bad taxes:

1. A tax was bad that required a large bureaucracy for administration.

2. A tax was bad that "may obstruct the industry of the people, and discouraged them form applying to certain branches which might give maintenance and employment to great multitudes. While it obliges the people to pay, it may thus diminish, or perhaps destroy, some of the funds which might enable them more easily to do so."

3. A tax was bad that encouraged evasion. "The law, contrary all the ordinary principals of justice, first creates the temptation, and then punishes those who yield to it. "Evasion is also bad, says Smith, because it tends to "put an end to the benefits which the community might have received from the employment of their capitals."

4. A tax is bad that put the people through "odious examinations of the tax-gatherers, and exposes them to much unnecessary trouble, vexation, and oppression...It is in one or other of these four different ways that taxes are frequently so much more burdensome to the people than they are beneficial to the sovereign"


1,185 posted on 09/30/2006 8:31:07 PM PDT by ancient_geezer (Don't reform it, Replace it.)
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