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Jun 28, 2006, 07:19 AM
|  | Bankruptcy & Debt Expert  | | Join Date: Aug 2005 Location: republic of maryland
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| | | Canadian beats tax evasion charge, jury agreed
Jury says tax protest not tax evasion
Last Updated Tue, 27 Jun 2006 17:54:04 EDT
CBC News
Jack Klundert of Windsor, Ont., has won a court case in which he was charged with refusing to pay about $350,000 in taxes.
Klundert, who says he doesn't believe the federal government has the constitutional right to collect income tax, was found not guilty of tax evasion.
Klundert accumulated a $350,000 tax bill between 1993 and 1998. When it came time to file his taxes he wrote "zero income" on his tax forms, when he in fact he earned about $1.5 million.
Klundert argued that disclosing his earnings to the government would be like "sitting down with thieves" and telling them where his valuables were.
Klundert said his actions did not constitute tax evasion, but were instead an honest protest.
His lawyer said the jury apparently agreed there was no criminal intent.
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Answers
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Jun 28, 2006, 07:29 AM
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#2
| | Relationship Expert
Join Date: Nov 2005 Location: CANADA
Posts: 4,491
| Very interesting. |
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Jun 28, 2006, 07:32 AM
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#3
| | | Computer Expert
Join Date: Jan 2003 Location: LI, NY - USA
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Pay to call ScottGem for advice ($.75/min) | But was he required to pay the $350K? | |
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Jun 28, 2006, 07:37 AM
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#4
| | Ultra Member
Join Date: Dec 2004 Location: Canada
Posts: 5,860
| Must be more to this or else it sets an interesting precedent. | |
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Jun 28, 2006, 07:49 AM
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#5
| | | Computer Expert
Join Date: Jan 2003 Location: LI, NY - USA
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Pay to call ScottGem for advice ($.75/min) | I think I remember a similar case in the US. The jury declined to file criminal charges, but the person was required to pay up. | |
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Jun 28, 2006, 08:14 AM
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#6
| | Administrator
Join Date: Aug 2005 Location: Cave 4, Qumran
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| Quote: | Originally Posted by ScottGem But was he required to pay the $350K? |
I'll bet that by "won" they are simply saying he was not convicted of a crime. I say the guy lucked out. 10-1 says he has to pay it anyway.
...which leaves me wondering: What's the point of the article at all? Surely this guy's not the first person to be found not guilty in a case like that. | |
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Jun 28, 2006, 10:45 AM
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#7
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Join Date: Jun 2006 Location: Canada
Posts: 7
| He was charged with tax evasion....he commited tax avoidance....there is a difference in the wording I guess!!.that`s what the case was about....talk about splitting hairs... | |
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Jun 28, 2006, 12:21 PM
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#8
| | Ultra Member
Join Date: Oct 2004
Posts: 1,365
| Wow I wish that could happen to me!!
There must be more to the story, though. I've known of several people who tried to avoid paying their taxes and they faced stiff penalties. | |
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Jun 29, 2006, 02:06 PM
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#9
| | | Tax Expert
Join Date: Feb 2005 Location: Atlanta, Georgia
Posts: 9,787
| This guy got off for tax evasion, and OJ Simpson got acquited for murder. Any arguments as to whether OJ was guilty or not??
I thought not.
This case is DEFINITELY the exception to the rule. If the IRS takes you to court on tax evasion, the odds are stacked against you.
I would NOT emulate his example. The risk is too high! | |
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Jun 29, 2006, 06:17 PM
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#10
| | Administrator
Join Date: Aug 2005 Location: Cave 4, Qumran
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| Quote: | Originally Posted by dcx He was charged with tax evasion....he commited tax avoidance....there is a difference in the wording I guess!!.that`s what the case was about....talk about splitting hairs... |
There is no splitting hairs. Tax Evasion is illegal and Tax Avoidance is perfectly legal.
The former is not paying taxes that are due. The latter is conducting your life and business so that taxes are not due. | |
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