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Author | Topic: Hovind busted, finally | |||||||||||||||||||||||
Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
You are talking to persons who must engage in ad hom when a source presents evidence they cannot refute. No. But please feel free to slander your opponents as a substitute for debating them. If Kent Hovind has "evidence" which I "cannot refute" please present it. If you can refute any of the theory of evolution, rather than indulging in ad hominem arguements against Darwin, please do that. But if, as I suspect, you are engaged in bluff and bluster, you would do more favors to your side by keeping your mouth shut. Edited by Dr Adequate, : To clarify who I'm replying to Edited by Dr Adequate, : To clarify who I'm replying to ... must have pressed the wrong button.
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
Hovind has maintained his innocence. "I still don’t understand what I’m being charged for and who is charging me," he said. Magistrate Miles Davis asked Hovind if he wrote and spoke English, to which Hovind responded "To some degree". *
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
Did you read the forum comments below in the link, how the government has defrauded us all regarding the income taxes? Yes, I did. Did you notice how the arguments proffered were all complete rubbish? The Sixteenth Amendment hasn't been ratified? Oh yes it has. Ask a judge. The IRS doesn't define "employer"? I bet they don't say what the meaning of "is" is, either.
Maybe we should all cry about that. Don't forget that there was a time before government began running out of control that the nation got along just fine without income taxes. States rule/rights was once how this nation was run for safety of federal government oppression as we see around the world. We see federal government oppression around the world, do we? I must have missed that. Look, do the rest of the world a favor. Even though you believe us to be "oppressed" by our "federal governments", PLEASE DO NOT LIBERATE US. Thank you.
Maybe we need a few more Kent Hovinds around to keep the feds (abe: honest) and remind us about reigning in top heavy government. Yeah, and while he's at it he can remind us that "democracy is evil and contrary to God's law." * I'm not sure what he has in mind as a substitute, but we Brits still have a royal family, and would be happy to restore the status quo ante bellum. There'll be no income tax, but we'll charge a duty on tea. Edited by Dr Adequate, : No reason given.
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
Update from the Pensacola News Journal.
--- How much porridge? I'm not sure what the last count falls under, but for the first 57 these would be the relevant laws:
Title 26, 7201 : Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.
Title 31, 5322 : (b) A person willfully violating this subchapter or a regulation prescribed or order issued under this subchapter (except section 5315 or 5324 of this title or a regulation prescribed under section 5315 or 5324), or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91-508, while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period, shall be fined not more than $500,000, imprisoned for not more than 10 years, or both. Looking here, we find the sentencing guidelines for tax fraud. Therre are several aspects to this. * The guidelines say the tax charges should be lumped together. * His sentence would be reduced if he accepted responsibility ... HA HA HA HA. * It's increased if he used "sophisticated means" to evade tax, which presumably includes structuring transactions to evade reporting requirements ("smurfing"). * It depends on the tax loss. Now, according to the prosecutor: "Hovind, also known as "Dr. Dino," failed to pay about $470,000 in federal income, Social Security and Medicare taxes for his ministry employees between March 31, 2001, and Jan. 31, 2004." * So that gives us a figure between 41 and 51 months for the tax fraud. As far as the "smurfing" goes, the guidelines say "all conduct violating the tax laws should be considered as part of the same course of conduct or common scheme or plan". * So it may be that these offenses will just be considered part of the same crime. On this point, I'm slightly out of my depth. If it's considered a separate offense, then that would be an extra 10 - 16 months. * * Given Hovind's behavior in court so far, his tax protestor antics, his harrassment of officials, et cetera, I should think the judge will use his discretion to give him as much stir as he possibly can. Judges hate tax protestors. ---
Kent Hovind explains why he doesn't have to pay taxes. Dollars are not money, have no value, and so are not subject to taxation: "Declarant states in the course of the year or years in question, all compensation Declarant received, regardless of source, were promissory deferred payments in the form of Federal Reserve Notes or bank credits denominated in Federal Reserve Notes, the latter redeemable solely in Federal Reserve Notes and other obligations of the United States. Declarant did not receive payment in current coin of the United States authorized by Article I 10 of the Constitution of the United States or in any other commodity with inherent or intrinsic value." Kent Hovind is not a resident of the United States, because the term "United States" does not include any of the States of the Union: "Declarant is not now and never has been a citizen or resident of the geographical United States, including the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands." The term "whoever" does not include Kent Hovind: "Declarant is not nor has ever claimed to be a “whoever” as that term is construed in the statutes." Kent Hovind is not a person: "Declarant is not nor has ever claimed to be a “person” as that term is construed in the statutes."
BWAHAHAHAHA! Edited by Dr Adequate, : No reason given. Edited by Dr Adequate, : No reason given.
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
To you and to the others, I have never endorsed Hovind's modus operendi nor have I praised his lifestyle and much of his creo argument . I simply made a statement regarding the law and questioning as to whether Hovind was breaking some aspects of the law regarding his case. Well yes. He evaded tax.
I'm not a lawyer but it seems that if it's taken the feds this long to get him in court he must have some lawful legitimacy. Like Al Capone. Oh, wait ... Look, you've seen Hovind's own statement of his case: dollars are not money; he is not a person; and none of the States of the Union are in the United States. And you think he might have "lawful legitimacy"?
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
Linky link.
"The defense is expected to take a week or more ..." They are, they really are, I swear it, going to go through every tax protestor argument in the book. Hooray! When I first came across tax protestor arguments, I thought to myself: "Tax protestors are to the law what YECs are to science." And how right I was.
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
1. I evade tax. I sincerely hope you do not. Legal methods of avoiding tax are called "tax avoidance". Tax evasion is, by definition, using illegal methods to get out of paying taxes.
The EvC peanut gallery can speculate on all kinds of pharasaical accusations and judgements ... It was not, I think, a Pharisee who gave the judgement: "Render unto Caesar what is Caesar's".
but in the end the courts will decide which it is with Hovind. They will. Would you care to wager on the outcome?
2. I'm quite sure Hovind knows more law than anyone of his accusers here, having used it all these years. Kent Hovind's knowledge of the law has got him on trial for over fifty charges of fraud. My knowledge of the law, though not perfect, seems to have kept me out of such scrapes. Kent Hovind's supposed knowledge of the law has also led him to conclude that he is not, in law, a person; that dollars are not, in law, money; and that the States of the Union are not, in law, part of the United States. I know you're a creationist, but surely even you can see something wrong with this.
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
In this case, if the basis for the Hovinds' claim that they didn't know they had to pay taxes was their belief they are not citizens of the U.S., that they are not persons, that the word "whoever" doesn't apply to them, and the other gigglers mentioned in this thread, well, it's up to the jury to decide whether those ideas are reasonble or not. But if I were a betting man, and I am, I'd be willing to lay long odds that the Hovinds are not going to walk out of that courtroom free people. It is a defense in such cases to say that you were confused by the complexity of the tax laws. However, it has been decided that this does not cover belief in tax protestor nonsense. If you make your own confusion, you stand responsible for it.
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
It is not a defense in the Hovind case. I mentioned it only to contrast honest confusion with tax protestor BS.
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
What's so hard about it? Most of the rest of us can do taxes just fine, given that it's certainly one of the most annoying aspects of my life. If you just have an ordinary income on which you should pay ordinary income tax, then that defense wouldn't float. However, judges have ruled in certain cases that being muddled by the regulations is a defense, if one can show that the regulations are in fact confusing: since this is an argument that there was no mens rea. This does not, of course, apply to Hovind. --- Don't Americans have PAYE (Pay As You Earn)? I have never "done my taxes", my employer's always done it for me.
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Dr Adequate Member (Idle past 315 days) Posts: 16113 Joined: |
According to the two volume work by Bill Benson and Red Beckman , "The Law That Never Was" the 16th amendment, which created the IRS, was never properly ratified, not even by one state! These gentlemen traveled the then 48 states to verify that fact. So in a very real sense ... Okay, let me stop you there. In a "very real sense", the 16th Amendment is law, in that if you don't pay income tax, people will arrest you, and then you'll be tried, and then you'll go to jail. And you will go to jail "in a very real sense". In a made-up imaginary sense, the 16th Amendment isn't law, and a couple of magicians called Benson and Beckman used the mighty powers of their magic wands to make it go away. But in a "very real sense", Hovind's going to jail. That is "very real" in that it's what actually happens. Your version of the law is a stupid fantasy, and has never swayed the decision of a court, except insofar as judges will impose fines on a frivolous argument.
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