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SNIPES TRIAL OPENS TODAY

January 14, 2008

The Wesley Snipes tax evasion trial gets underway today in Ocala, Florida. The TaxProf's roundup of big media coverage is a great resource for those interested in the issues.

This will be the most high-profile trial yet of someone for using tax protester theories. Mr. Snipes is charged with claiming $12 million in bogus refunds using the "Section 861" argument.

The Tampa Tribune reports that Mr. Snipes attorney says that Mr. Snipes refund claim was just his way of asking a question:

Snipes' lead attorney, Robert G. Bernhoft, said the issue in court will not be about various tax theories. Snipes, Bernhoft said, did not try to defraud the government. He simply asked the IRS whether this innovative way to file returns was allowed.

"He did what every other American is entitled to," Bernhoft said. "He asked the IRS for information. Asking questions is not a crime, even if the IRS would like it to be."

Okie dokey. It's the "enquiring minds want to know" defense.

David Cay Johnston's New York Times piece looks at the legal issues involved. He says the Mr. Snipes creative inquiry refund claim is likely to be a problem:

William Cohan, a lawyer in Rancho Santa Fe, Calif., who also represents tax opponents, said another hurdle is the refund claim form signed by Mr. Snipes. The signature statement, or jurat, was altered so that instead of saying it was signed under penalty of perjury, the word "no" was inserted before "penalty."

"That’s just devastating because if you sincerely believe you are not required to pay taxes, why would you alter the jurat?" Mr. Cohan said.

Because you're just asking an insincere question, perhaps?

Prior Tax Update Coverage: SNIPES TAX STRATEGY A CLM

Tags: tax crime.tax protesters.TaxProf.Wesley Snipes.

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