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  #5  
Old 11-09-2004, 08:05 PM
Stuart Bronstein
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Default Re: Tax Law question

Phil Marti wrote:
- quote -

> Stuart Bronstein <spamtrap[at]lexregia.com> writes:

> > Actually section 7203 only makes it an offense not to pay
> > any "estimated" tax. (Well, in addition to requiring filing
> > a return, keeping records and supplying information.)


> Read it again. It says "...any estimated tax OR TAX...."
> (emphasis added).


Yup, you're right.

Stu

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  #4  
Old 11-08-2004, 10:50 PM
D. Stussy
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Default Re: Tax Law question

Phil Marti wrote:
- quote -

> Dick Adams <rdadams[at]smart.net) writes:

> > > In a discussion with a tax-protestor sort, I encountered the
> > > following opinion: willful non payment of tax owed is not a
> > > criminal offense under U.S. law, so long as the correct
> > > amount of tax was declared on the appropriate tax return.
> > > > > I'm pretty sure this is incorrect, but I'd like to be able
> > > to document this point.


> > No, it is absolutely correct.


> One hates to disagree with our esteemed moderator, but
> willful failure to pay is a crime (IRC 7203). IIRC this is
> what Mr. Starr charged Web Hubbell with.
> It's VERY hard to put together a case, because you have to
> show ability to pay and usually if you can prove that you
> can grab the money. I recall one case that involved a U.S.
> citizen working at the UN who filed and never paid. The
> fact that you can't levy the UN, combined with the
> taxpayer's moving all assets offshore, led to a 7203 case
> even though correct returns were timely filed.


There's also IRC 7202, where an intermediary collects a tax
(e.g. withholding) and fails to turn it over to the
government. 7203 above is where the TAXPAYER the tax is
imposed on WILLFULLY FAILS to make any attempt to pay it.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #3  
Old 11-08-2004, 09:33 PM
Phil Marti
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Posts: n/a
Default Re: Tax Law question

Stuart Bronstein <spamtrap[at]lexregia.com> writes:

- quote -

> Actually section 7203 only makes it an offense not to pay
> any "estimated" tax. (Well, in addition to requiring filing
> a return, keeping records and supplying information.)


Read it again. It says "...any estimated tax OR TAX...."
(emphasis added).

I sailed right past "or tax" the first time, too, but I had
the benefit of knowing from experience that it's there.

Phil Marti
Clarksburg, MD

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #2  
Old 11-06-2004, 10:41 PM
Stuart Bronstein
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Posts: n/a
Default Re: Tax Law question

Phil Marti wrote:
- quote -

> Dick Adams <rdadams[at]smart.net) writes:

> > > In a discussion with a tax-protestor sort, I encountered the
> > > following opinion: willful non payment of tax owed is not a
> > > criminal offense under U.S. law, so long as the correct
> > > amount of tax was declared on the appropriate tax return.


> > No, it is absolutely correct.


> One hates to disagree with our esteemed moderator, but
> willful failure to pay is a crime (IRC 7203). IIRC this is
> what Mr. Starr charged Web Hubbell with.


Actually section 7203 only makes it an offense not to pay
any "estimated" tax. (Well, in addition to requiring filing
a return, keeping records and supplying information.)

Stu

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #1  
Old 11-05-2004, 08:39 AM
Phil Marti
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Posts: n/a
Default Re: Tax Law question

Dick Adams <rdadams[at]smart.net) writes:

- quote -

> > In a discussion with a tax-protestor sort, I encountered the
> > following opinion: willful non payment of tax owed is not a
> > criminal offense under U.S. law, so long as the correct
> > amount of tax was declared on the appropriate tax return.
> > > I'm pretty sure this is incorrect, but I'd like to be able

> > to document this point.


> No, it is absolutely correct.


One hates to disagree with our esteemed moderator, but
willful failure to pay is a crime (IRC 7203). IIRC this is
what Mr. Starr charged Web Hubbell with.

It's VERY hard to put together a case, because you have to
show ability to pay and usually if you can prove that you
can grab the money. I recall one case that involved a U.S.
citizen working at the UN who filed and never paid. The
fact that you can't levy the UN, combined with the
taxpayer's moving all assets offshore, led to a 7203 case
even though correct returns were timely filed.

Phil Marti
Clarksburg, MD

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 
Old 11-05-2004, 08:38 AM
Arthur L. Rubin
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Posts: n/a
Default Re: Tax Law question

Dick, Adams wrote:
- quote -

> spope33[at]speedymail.org (Steve Pope) asks:

> > Sorry to take up valuable time with a silly question but
> > I need some help here.


> > In a discussion with a tax-protestor sort, I encountered the
> > following opinion: willful non payment of tax owed is not a
> > criminal offense under U.S. law, so long as the correct
> > amount of tax was declared on the appropriate tax return.


....

- quote -

> There are people who abuse this provision by filing timely
> accruate tax returns and paying nothing. The IRS gets
> judgements against them and ceases their assets.


The IRS seizes the assets, also, although the abusers use of
the assets ceases....

(Using a speech-recognition system, Dick?)

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #-1  
Old 11-04-2004, 07:38 AM
Dick Adams
Guest
 
Posts: n/a
Default Tax Law question

spope33[at]speedymail.org (Steve Pope) asks:

- quote -

> Sorry to take up valuable time with a silly question but
> I need some help here.
> In a discussion with a tax-protestor sort, I encountered the
> following opinion: willful non payment of tax owed is not a
> criminal offense under U.S. law, so long as the correct
> amount of tax was declared on the appropriate tax return.
> I'm pretty sure this is incorrect, but I'd like to be able
> to document this point.


No, it is absolutely correct. There are no debtors' prisons
in the United States. If you can't pay, you can set up a
payment plan.

There are people who abuse this provision by filing timely
accruate tax returns and paying nothing. The IRS gets
judgements against them and ceases their assets.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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