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10279Re: [tips_and_tricks] Good Faith Defense in Tax Cases

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  • Occupant Family
    Mar 1 8:22 AM
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      Greetings,
       
      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) of
      the truth in the matter, is worse than a cop-out ... it is in direct violation
      of 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 understand
      the 'statutory law'". That is "unreasonable" to say the least and
      Ludicrious 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 truth
      as 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?
       
      Deo volente,
      Jim
       
      It 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 one
      in
      > part due to the well recognized maxim,
      > "ignorance
      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 adequate
      >
      specific 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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