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Dateline: October 14, 2010 ... Harrisburg, PA
Contact: Tommy K. Cryer
Phone: 318-797-8949
Fax: 318-797-8951
E-Mail: CryerLaw@aol.com
Web Address: www.truthattack.org
HARRISBURG, PA - October 14, 2010 - A Pennsylvania man accused of tax
evasion has challenged the legality of the federal income tax,
claiming that the Internal Revenue Code (IRC), while specifying
exactly who is liable for every other tax, fails to state exactly who
is liable for the income tax. Troy Beam, a Shippensburg, PA,
evangelist and father of nine, was indicted in February, 2010,
accusing him of obstruction of the IRS, tax evasion and willful
failure to file tax returns.
In pretrial motions to dismiss the indictment Beam raises issues that
challenge the government to show him the law that makes him liable for
the income tax in the first place. Beam also points out IRS
violations of the Administrative Procedures Act (APA) that would
render the standard exemption, one of the two factors that trigger a
requirement to file an income tax return, and the income tax rates
null and void.
While those claims may sound amazing, in responses filed by Department
of Justice attorneys the government fails to deny any of them.
Beam's motion, citing Supreme Court cases holding that unless the
letter of the law clearly imposes liability for payment of the tax on
him he is not liable and owes no tax, contends that there is no such
provision in the IRC. The government's response calls Beam's issue a
"tax defier argument" but seems to admit that it is true, since in a
memorandum filed by Department of Justice attorneys Mark S. McDonald
and Jorge Almonte the only provision of the Code the government cites
is one stating when taxes must be paid by those who are liable and,
therefore, required to file a return. The government cites no statute
that imposes liability for the income tax on anyone.
Beam is represented by highly regarded and nationally known Las Vegas,
NV, criminal defense attorney, Joel F. Hansen, who explained that,
"Even the IRS agrees that there are two prerequisites for having to
file an income tax return. First, the law itself must clearly state
that one is liable and, second, the liable taxpayer must have received
income in excess of the standard exemption. It appears that in this
case we have neither, since there is no provision of the Code
identifying Mr. Beam as liable for the income tax and the Secretary
has failed to properly publish any rule fixing a standard exemption."
Beam's filings explain that the Code requires the Secretary of the
Treasury to fix new tax rates and standard exemption each year,
adjusted for inflation, and that the APA requires such rules to be
published in the Federal Register before having any legal effect. The
APA specifically prohibits imposing any penalty or punishment for
violating a rule that has not been properly published.
Government filings in response to Beam's motions, while again calling
them "tax defier arguments", fail to cite any publication of a rule
fixing either the tax rates or the standard exemption. "Without a
legally established threshold to trigger a requirement to file how is
anyone who is made liable for the income tax to know whether he must
file an income tax return?" Hansen asks.
Among the most puzzling aspects of the government's responses to
Beam's motions is its argument that the Code section defining the
crime of willful failure to file a return is not unconstitutionally
vague even though that issue has never been raised by Beam.
SOURCE:
American Liberty Council
www.truthattack.org
CONTACT:
Tommy K. Cryer
Attorney at Law
7330 Fern Ave, Suite 1102
Shreveport, LA 71105
318 797-8949
318 797-8951 (fax)
CryerLaw@aol.com
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