tdh@frog.UUCP (T. Dave Hudson) (06/05/85)
I received the following in the mail yesterday: ------------------------------------------------------------ Exciting things are happening in the First Circuit courts. The Government has been dealt a major defeat in its prosecution of those who oppose the income tax. And our own Mike Reilly has administered the blow. As those involved in the tax resistance movement know, the Government officially maintains that the income tax is voluntary (its dodge to avoid a conflict with the 5th amendment provision against self incrimination). It therefore cannot prosecute anyone for failure to file taxes and instead prosecutes them for "*wilful* failure to file." When tax resistor Dick Aitken was brought to trial last year, it was obvious to the jury that this man sincerely believed the tax rebel arguments. In his own mind he was obeying the law. Could his failure to file then be considered wilful? Judge McNaught, seeing the importance to the Government of getting a conviction, instructed the jury yes. At this poinit Mike entered and filed an appeal before the First Circuit Court of Appeals. After presenting his arguments, Chief Federal Prosecutor for the First Circuit William Weld told the court, 'Washington says we can't afford to lose this case.' One of the judges replied, 'Washington can't tell us what to do. This is a court of law.' [What do you know? An honest judge? -- tdh] They dismissed the conviction on the grounds that a person cannot be said to have broken the law wilfully if he sincerely believed he was obeying the law. The Government has declined to retry Aitken and has stopped prosecuting wilful failure to file cases in the First Circuit. Meanwhile Frank Turano has been convicted on the same charge with the same instruction to the jury. In this case, the jury was so undecided that it returned to the judge twice for instructions. Judge Rya Zobel saw that the only way to get a conviction was to give the jury an "objective" definition of wilful (a la McNaught). Now that this definition has been overturned, Mike Reilly is confident of reversing the Turano conviction as well. Mike has promised to hold costs of the appeal down to $5000. It is important for us to win this case to give the Government a second black eye and effectively put an end to income tax prosecution in New England. So I am appealing to you for donations. Frank has put his liberty on the line. He is fighting the government for all of us. If he can stop them, they won't come after us. He is a gutsy guy, and he deserves as much support as you can give him. Please help. Send donations to: Maureen Turano, PO Box 446, Somerset, MA 02726. Thanks, Barry L. Lockard Immediate Past Chairman, Libertarian Party of Massachusetts Note: The money for this mailing has been raised privately and does not involve the use of Mass. LP funds. ------------------------------------------------------------