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To: YankeeReb
Correct me if I'm wrong any lawyers out there, but do tax cases go to jury trial? I read someplace that they don't for this very reason (jury nullification). As I said, I'm not sure on this one.

Criminal tax cases, like any criminal case, must be tried by a jury unless both sides agree to let the judge do it alone. In civil tax cases, the taxpayer has a choice: you can pay what the IRS says you owe, and sue for a refund, in which case you get a jury trial, or you can contest the IRS's claims in Tax Court without paying first, but then you don't get a jury.

17 posted on 09/05/2002 6:30:42 AM PDT by Lurking Libertarian
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To: Lurking Libertarian; YankeeReb
"...or you can contest the IRS's claims in Tax Court..."

Just keep this in mind if you ever appeal to tax court: it is a court of record, not a court of law. If you try to raise any constitutional issues you will be handed your head and told that the court does not have subject matter jurisdiction. More likely than not the "judge" will give the government a summary judgment in its favor, with plenty of sanctions and penalties thrown in.

Also keep in mind that many tax court judges are former IRS agents. They put on batsuits and preside with all the trappings of an impartial forum with respect for the law and the Bill of Rights, but it is no such thing.

Tax courts were not created under Article III of the U.S. Constitution. Tax court was created to give ordinary Americans the illusion that they are getting justice under the current tax system. It's a sham and a direct descendent of the "star chambers" of the English monarchy.

22 posted on 09/05/2002 6:45:08 AM PDT by Middle Man
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