Pseudo-acquittal

[unasI'minous]

Hi all,

Heard a rumor about a sentencing in the South somewhere where the Judge made some comment about the new Treasury Secretary and then sentenced the evader to probation when guidelines were much higher. I don't know if it was a TD or not but anticipate that the "movement" will latch on to the obvious rationalization opportunity.

If the rumor is true, although I suspect it is not, I suggest we all move to that district, quit paying taxes, and take our chances that we get that Judge assigned to our case. We could really increase our chances for success if in the event we get the wrong Judge, we just file a 1099-OID for $359,000,000 against the assigned Judge to conflict them right out of there! Or we could try the hand-out-W-9-form-to-all-the-parties-in-the-courtroom idea to intimidate them into dismissing the case. That one works every time. At least, it worked for my friend's friend. He's a great legal mind; learned a lot from self-study; but he's very private, and difficult to reach, you shouldn't even try.

Anyway, does anyone have any info regarding the rumored sentencing?

[wserra]

Anyway, does anyone have any info regarding the rumored sentencing?

Yeah. I heard that the judge's name was Crater, and the defendant's name was Van der Decken.

[LPC]

On a more serious note, the TaxProf blog offers an excerpt from a recent Tax Court opinion that he thinks takes a swipe at Geithner-Daschle.

[Imalawman]

A friend of mine just interviewed with the IRS for a litigation position and he was asked what he thought about Geithner (sp?) and his not paying taxes. He wasn't sure what so say. I thought that was an odd thing to ask in an interview.

[Judge Roy Bean]

The fact is, the leader of the entity responsible for collection of taxes and enforcement of the law is now headed by someone who "got away" with something the average Joe might not be able to. This simply adds to the cynicism that is endemic when it comes to a growing number of frustrated taxpayers.

Having said that, my sense is any defense counsel who raises the Geithner issue is in for a rebuke in most courtrooms, but I firmly believe it is within a Judge's discretion to consider the "treatment" that has been given Geithner and Daschle when it comes to sentencing.

[unasI'minous]

For the record, if you are being sentenced, even if a slap on the wrist, it is NOT an acquittal. If you are being sentenced you were found guilty. Period. Part of your permanent record.

Boy thanks, Captain. I thought the sentencing happened prior to jury selection. In hindsight "Pseudo-conviction" would have made more sense but I didn't stop to ponder.

Hair splitting aside, I would venture to guess that the prosecutor and investigator(s) aren't really counting this in the big win column. To me, probation amounts to acquittal in that having a tax crime as a part of your permanent record might actually be a positive to some of these dweebs, giving them some sort of twisted TD street cred. That's assuming, of course, that the dweeb in question is a TD. Maybe the case was just your garden variety evader. Also, I don't think the type of job for which a TD is qualified involves much of a background check.

[Demosthenes]

Gotta disagree with you on this, Cap'n. The only one doing a victory dance when probation is passed down even though the guidelines call for a prison sentence is going to be the defendant.

When you're a prosector, it's not only your job to get a conviction, it's also your job to convince the judge that a suitable punishment is merited.

It's why the DOJ appeals unusually low sentences-- you don't appeal a case you've won...

[Demosthenes]

I stand corrected.

Please be seated.

[unasI'minous]

Wow, talk about street cred. All Demo has to do is disagree and the Cap'n capitulates? Impressive......very impressive.

[Demosthenes]

Wow, talk about street cred. All Demo has to do is disagree and the Cap'n capitulates? Impressive......very impressive.

Cool, huh?

[Nikki]

It's nice to be Ki<<QUEEN

[Famspear]

Wow, talk about street cred. All Demo has to do is disagree and the Cap'n capitulates? Impressive......very impressive.

Cool, huh?

I'm not sure if it's primarily because of the feline visage or, alternatively, the citrus-themed accoutrement. Of course, it could be her air of calm self-assurance, which seems to come from consistently having access to lots of interesting, relevant facts. Anyway, I think lots of the guys here are fond of the kitty.

[Gregg]

Wow, talk about street cred. All Demo has to do is disagree and the Cap'n capitulates? Impressive......very impressive.

Cool, huh?

I'm not sure if it's primarily because of the feline visage or, alternatively, the citrus-themed accoutrement. Of course, it could be her air of calm self-assurance, which seems to come from consistently having access to lots of interesting, relevant facts. Anyway, I think lots of the guys here are fond of the kitty.

Not really fond of here per se, but I'd sell all my relatives into bondage for her.

[Demosthenes]

Aw, you guys are just saying that stuff 'cause I know where you live.

[mutter]

Wow, talk about street cred. All Demo has to do is disagree and the Cap'n capitulates? Impressive......very impressive.

Cool, huh?

I'm not sure if it's primarily because of the feline visage or, alternatively, the citrus-themed accoutrement. Of course, it could be her air of calm self-assurance, which seems to come from consistently having access to lots of interesting, relevant facts. Anyway, I think lots of the guys here are fond of the kitty.

I know I am fond of kitty. i think its the visage. anyone who would do that to their cat, and the cat allowing it, should not be F'ed with. think about it boys

[webhick]

think about boys

Like ten years ago, I could have gotten away with that...but I think it'd be too creepy now.

ETA: BAH! Damn you, edit button, damn you!

[Gregg]

No, I think Gregg just doesn't really like his relatives.......

You're right about the relatives, but it's just a coincidence. As for here, I think Scoop is a hotty, but she's also a Yalie, so I can't desire her publicly, Webhick is the cute one, kind of like Mary Ann or Bailey from WKRP, but Demo, oh my, smart, ruthless and a redhead....I have to stop, I'm hyperventilating....

[Nikki]

It's a lot nicer than the person who is shown to be wrong and then ignores the fact they were wrong.

I am bigger and better than that.

Is that you, Clarkson?