Nobody likes paying taxes. But since most of us pay our taxes, we
dislike those that don’t even more. There is always a small percentage
of folks will try to outsmart the system by engaging in some form of tax
evasion. Many get caught.
Believe it or not, most of the ones that get caught don’t go to
prison. In fact, most are never criminally prosecuted. The IRS has a
huge arsenal of civil remedies available to it. And even if every case
was referred for prosecution, there simply aren’t enough judges and
prosecutors to hear every case.
Where is this leading? It’s easy to fall behind on one’s taxes yet
still avoid prison. Unless you have defrauded the government of
millions, chances are good that the IRS probably isn’t going to
criminally prosecute you. There are exceptions, of course. One is if you
behave like William Messier.
The feds say that Messier earned hundreds of thousands of dollars
renting space on large towers he owned to cell phone companies.
Unfortunately, he had not filed a tax return since 1997.
Instead of sending the guys and girls with guns and badges (IRS
Criminal Investigations Division) to interrogate Messier, the service
followed its normal procedure and elected to send notices to him. Had
Messier immediately made arrangements with the IRS he probably would
never have been indicted.
How did Messier respond to the IRS requests? According to the U.S.
Attorney for Maine, Messier reported wrote a fake money order to the
Service. Think that is enough to peeve the IRS? There is more.
Prosecutors say that he also hired an “attorney” who claimed to be
the “Interim Attorney General” of the “Maine Republic Free State.”
Predictably, those arguments fell on deaf ears.
In an effort to impede the IRS’ tax evasion investigation,
prosecutors say that Messier threatened witnesses and told them not to
cooperate. According to his indictment, he also sent threatening letters
to IRS agents. He threatened to sue his cell phone tower tenants if
they honored IRS levy notices.
Messier and his attorney general now face felony conspiracy to
defraud the IRS charges. If convicted on all counts, Messier faces 13
years in prison. His attorney faces 5 years.
The lessons here are several. First, if you are facing a tax evasion
indictment, don’t hire a “wanna be” lawyer that claims he is the interim
attorney general. Second, don’t pay your taxes with a fake check or
money order. Third, don’t intimidate witnesses. Don’t harass or
threaten IRS agents either. Finally, tax defier (tax protestor)
challenges against the IRS never win.
The latter warrants more discussion. Those who the IRS calls tax
defiers others call members of the tax freedom movement. Having known
several of these folks, most are sincere in their beliefs. Read some of
the tax freedom literature on the Internet and you will find some is
complete gibberish while some theories appear plausible.
Assuming you find something that seems plausible. STOP. It isn’t how
the author or some Internet guru interprets the law. It is what the
courts say. I guarantee you, 99.99% of the theories have been advanced
before and failed in court.
As former head of Maine’s state revenue department, I have met some
of the tax freedom folks before. The hard corps adherents are willing to
go to prison for their beliefs but most of the folks who follow their
practices aren’t willing to go to prison and don’t fully understand the
law and how courts interpret the law.
If you think there is any merit to what you read, speak to a good CPA
or experienced tax lawyer. It is sometimes possible to go to court and
defeat a tax evasion charge if you are sincere in your beliefs. (The IRS
can still prevail on misdemeanor failure to pay and failure to file
charges, which do not require the same criminal intent as well as
collect any unpaid taxes.) Intimidate agents, threaten third parties or
create fake money orders and you will assuredly “lose” the jury,
however.
http://www.mahanyertl.com/mahanyertl/2014/darwinism-tax-evasion-go-jail-easy-steps/
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