10279Re: [tips_and_tricks] Good Faith Defense in Tax Cases
- Mar 1, 2006Greetings,There appears to be a slight error, mistake or misdirection when making this quote..."ignorance of the law is no defense".
-Caveat Lector- Some things I learned about the law over these oh-so-many years:
1. The law assumes a "reasonable" person. [Just; proper; moderate, suitable
under the circumstances. Fit and appropriate to the end in view.
Having the faculty of reason; rational; governed by reason; under the
influence of reason; agreeable to reason. Thinking, speaking, or acting
according to the dictates of reason. Not immoderate or excessive,
being synonymous with rational, honest, equitable, fair, suitable,
moderate, tolerable. Cass v. State, 124 Tex.Cr.R. 208, 61 S.W.2d 500.
Black's Law dictionary, 5th Edition]
2. Ignorance of the [common] law is no excuse. Since even the unknowing
person is held liable for the totality of the [common] law, it is assumed that said
aforementioned "reasonable" person would take the time and trouble to inform
themselves of the facts in the case and the [common] law surrounding those facts.
3. A phrase frequently used in legal pleadings is: "...knew or should have
known..." This is a direct application of the concept outlined in point No.2 above. Any contention that one did not know (or was misinformed) ofthe truth in the matter, is worse than a cop-out ... it is in direct violationof legal concepts which the "ordinary/reasonable" person is bound by.And who in his "right/reasonable/proper" mind would even suggest,as in the post from L_S_H... "everyone is to know and understandthe 'statutory law'". That is "unreasonable" to say the least andLudicrious in fact and in law! It is a "legal impossibility"~!It again appears that "statutory law" applies only to "statutory persons"!If we quit trying to show how smart we are and start telling the truthas it is, we could win more... Failure to "understand the charges"has had many a statutory case thrown out on that basis alone!"Understand" means full and complete knowledge...Do You All Have That?
JimIt is not the things that we know to be true that hurt us...
It is the things we know to be true THAT ARE NOT!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~On Wed, 01 Mar 2006 01:11:39 -0000 "law_self_help" <law_self_help@...> writes:
> Good FaithThe defense of good faith is a difficult onein
> part due to the well recognized maxim,of the law is no defense". Good faith can only be used
>in a specific intent crime and is used primarily in tax and financial
> fraud cases. Some courts hold that an adequatespecific intent instruction is enough. New England Enterprises,
> Inc. v.U.S. 400 F.2d 58, 71 (1 Cir 1968); U.S. v. Dockray,> 943 F.2d 152, 154-56 (1 Cir. 1991)
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