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Simkanin back to jail!

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  • rlbaty50
    The New York Times (excerpt) November 27, 2003 Mistrial Is Declared in Tax Withholding Case By DAVID CAY JOHNSTON Jurors in Fort Worth failed to reach a
    Message 1 of 1 , Dec 1, 2003
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      The New York Times
      (excerpt)

      November 27, 2003

      Mistrial Is Declared in Tax Withholding Case

      By DAVID CAY JOHNSTON

      Jurors in Fort Worth failed to reach a verdict Tuesday in the trial
      of a Texas businessman who has not withheld taxes from his workers'
      paychecks since 2000, the second significant setback in four months
      for the federal government in tax cases.

      The defendant, Richard M. Simkanin, 59, who says he is a citizen of
      the Republic of Texas and not of the United States, was returned to
      jail, where he has been held since July, until a new trial begins in
      Federal District Court.

      The jury deliberated for eight hours, sending out nine notes asking
      questions, before Judge John McBryde declared a mistrial.

      In August, Vernice Kuglin, 58, a FedEx pilot, was acquitted on six
      counts of tax evasion. She testified that she wrote letters asking
      the Internal Revenue Service what law required her to pay taxes. Her
      lawyer said the letters, which were not answered, showed that Ms.
      Kuglin lacked criminal intent.

      The acquittal does not excuse the taxes owed by Ms. Kuglin, which the
      I.R.S. is trying to collect.

      Mr. Simkanin made similar arguments when he testified at his one-day
      trial on Monday. Before he stopped withholding taxes from workers at
      his Arrow Custom Plastics in Bedford, Tex., Mr. Simkanin obtained
      written opinions from a lawyer and a certified public accountant that
      he was not required to withhold, his lawyer, Arch D. McColl 3rd of
      Dallas, said.

      "He sincerely believes he does not have to withhold," Mr. McColl
      said, citing a Supreme Court standard for acquittal of tax evasion.

      The accountant's opinion was written by Wayne Paul, the brother of
      United States Representative Ron Paul, a Texas Republican who
      contends that requiring record keeping for tax purposes violates the
      13th Amendment, which prohibits slavery.

      Mr. Simkanin had been a prominent figure in the so-called tax honesty
      movement, which asserts that most Americans have been tricked into
      paying taxes.

      Mr. Simkanin, who has no prior arrest record, is being held because
      of threats an informant said he made to kill federal judges. Mr.
      McColl said a disbarred lawyer was the source of the comments, which
      he called fabrications.
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