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Additional Details
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Additional Details<... |
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john r | Do you think Wesley Snipes should have been jailed for 'tax evasion'? |
Bearing in mind that the 16th amendment was never ratified...
In 1894 Congress passed an income tax act very similar to the current income tax law. That law was challenged on the basis that a tax on income is a direct tax, the United States Constitution requires direct taxes to be apportioned, and the act passed by Congress was not apportioned. The United States Supreme Court agreed and held the income tax act was unconstitutional in Pollock v. Farmer's Loan & Trust Co., 157 U.S. 429, aff. reh., 158 U.S. 601 (1895). |
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Mike M
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no |
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bonsai
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He knew the law, he bet for reasons unknown against the government and he lost, like that winner of the survivor show. My only explanation is, that this guys are not very bright.
If you want to lower your taxes, tell your rep that you want our military and all bases outside the USA removed.
That would make us lots of friends, free up 30% of our tax burden and reduce government by 40% |
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JM
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everyone else is, why should he be any different? |
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vwcarman2001
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He pleaded ignorance of financial and tax matters, but ignorance is no excuse for the law... |
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nova_queen_28
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Yes. His celebrity status shouldn't exempt him from the laws of our country. |
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sendittojeff
 |
Hell Yes! If I have to pay, everybody has to pay! |
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RX8 MATE
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Hey 3 years jail time, out in two for good behaviour. For $10,000.000 = $5,000.000 per year, not bad wages in my mind. But I think he should have to pay double the tax back and use the extra $10m to fund a social project and forget the jail time. |
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Wayne Z
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There are multiple problems with your question...
1) He isn't going to jail for tax evasion. He is going to jail for failure to file a return. Luckily for him, he was found not guilty of the much more serious charge of fraud.
2) The 16th amendment was ratified properly. The non-ratification of the 16th has been a theory of tax protesters for years yet it has never been victorious in court.
3) The point of the court case is moot due to the passage of the 16th amendment which removed the apportionment clause allowing for an unapportioned tax on income. |
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hamrrfan
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I think it is reasonable to assume that the prosecutor and judge have a better knowledge of the tax laws and of the specifics of the Snipes' case than you do. |
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No name
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yes, why is it any different for a "star" |
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NGC6205
|
First, Wesley Snipes was not convicted of tax evasion. He was convicted of three counts of "Willful failure to file return, supply information, or pay tax" which is a crime. Each count carries a statutory maximum sentence of one year.
Second, the argument that the 16th amendment was never ratified has been completely refuted. The same type of "errors" that the tax denier kooks claim would also apply to the 13th amendment, the 14th amendment, the 19th amendment and the entire bill of rights to name a few. Bill Benson, the author of "The Law That Never Was" and one of the people who started this silly argument claims he spent an entire year researching his book. It took me all of five minutes to find he misinterpreted at least one state constitution. Additionally, the courts have consistently upheld the validity of the 16th amendment for the past 95 years.
Third, the Pollock case does not say what you think it does. In the 1894 law, the income tax was levied on income from all sources. That included income obtained from personal property (i.e. rental income). The court decided that income obtained from personal property was the same as a tax on the property itself and was therefore a direct tax. They also said that a tax on wages was not a direct tax and therefore constitutional, but they struck down the law because they believed it was not the lawmakers intent to have the entire tax burden to be carried by only wage-earning individuals. The 16th amendment makes the Pollock decision moot because constitutional amendments are higher than Supreme Court decisions. In either case, the 16th amendment only clarifies that income taxes are INDIRECT taxes and Congress has ALWAYS had the power to impose an indirect tax.
In STANTON v. BALTIC MINING CO, 240 U.S. 103 (1916), the Supreme Court states, "...by the previous ruling it was settled that the provisions of the 16th Amendment conferred no new power of taxation, but simply prohibited the PREVIOUS COMPLETE AND PLENARY POWER OF INCOME TAXATION POSSESSED BY CONGRESS FROM THE BEGINNING from being taken out of the category of indirect taxation to which it inherently belonged..."
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=240&invol=103 |
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bostonianinmo
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Although you are correct on the 1894 case, you are NOT correct on the ratification of the 16th Amendment. The ratification of the amendment has been upheld in the courts, all the way to the Supreme Court. Therefore any challenge based upon that claim WILL fail. And with the extensive record of failures of this claim, the courts may impose an administrative penalty of up to $25k for raising a spurios defense.
Mr Snipes was not convicted of Tax Evasion, but for willful failure to file tax returns. Had he been convicted on the tax evasion charges his sentence would have been 16 years, not the 3 that he got. |
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Vortex
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No as i don't believe non violent offenders belong in jail at all. Restitution and fine plus community service would satisfy me more than putting in jail people who are no danger to society. To incarcerate someone as an example is cruel and inhumane. |
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Sammy
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If he is guilty of deliberately trying to evade paying the tax, then he is deserving of punishment, but a 3 year sentence seems very harsh - a large fine would have been appropriate, I feel.
I can't understand how the situation got this far - surely his accountant and advisors were aware of any risk - or were they also closing their eyes?
I understand an appeal has been put forward - no doubt there will be further information in the media, which might throw more light on the facts of the case.
It all seems rather odd to me - interesting, but strange. |
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bud
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Yes I do, I have to pay why shouldn`t he just because he`s famous. |
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dirtrockgrind
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I 2nd what vortex says, we need the real criminals in jail, not the evaders |
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RM
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He sent money to foreign accounts to PURPOSELY avoid paying taxes. He should go to jail for a lot longer than 3 years to evade $15 mil in taxes. What an a$$hole... he's one of the reasons America is in debt. Tons of tax evaders. |
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andrew l
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no one should be jailed for tax evasion it's legalized robbery by the government. |
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srracvuee
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if you don't know then i surely wouldn't as you sound to me as if your in the business and our law in UK is not as hard as yours in USA for tax evasion//but if he was sentenced then i guess the judge knew what he was doing |
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caretoshare2000
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Probably - although three years is a bit harsh. |
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umer
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i wish i cud understand all that technical stuff u've written :(. so i dont have any opinion. |
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rene57
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No. But yet again I do not think that we should be taxed at all.
England is the highest taxed Country in Europe, living, working, TV & radio, council tax etc.,etc. |
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