Becraft loses another "willfulness" defense attempt

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Becraft loses another "willfulness" defense attempt

Postby Judge Roy Bean » Fri Apr 24, 2009 6:39 pm

http://newsok.com/a-harvest-of-emotions-caps-tax-defiers-trial/article/3363449

(Printing the article here - these items have a tendency to disappear over time)

[Moderator's Note: Whilst true, that unfortunately doesn't give us license to infringe upon their copyright by reprinting their material in substantial part, and so a link will have to suffice. Sorry.]
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Re: Becraft loses another "willfulness" defense attempt

Postby absdes96 » Fri Apr 24, 2009 7:12 pm

A testament to our solid (and imperfect) jury system.

What leveled-headed and decent person would not empathize with a man like this?

Though they were empathetic with the defendant, they rendered the right verdict.
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Re: Becraft loses another "willfulness" defense attempt

Postby Lambkin » Fri Apr 24, 2009 7:21 pm

Decanted April.

O what wrath is in the grapes pressed for pouring into the goblet of a month that, by its very springiness, should be one of hope and winesong.

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Re: Becraft loses another "willfulness" defense attempt

Postby grixit » Fri Apr 24, 2009 8:47 pm

Do we have another description of the trial? I'm skeptical.
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Re: Becraft loses another "willfulness" defense attempt

Postby Judge Roy Bean » Fri Apr 24, 2009 9:40 pm

grixit wrote:Do we have another description of the trial? I'm skeptical.


He's a serial defier.

Stillwater Man Convicted Of Filing False Tax Returns
Claimed $163 Thousand In Refunds

Submitted News Release
1600kush.com
04/15/2009

Oklahoma City, Oklahoma - John C. Richter, United States Attorney for the Western District of Oklahoma, announced today that a federal jury has convicted GEORGE EDWARD BOYD, 60, of Stillwater, Oklahoma, of signing seven false federal personal income tax returns and claiming seven false tax refunds totaling over $163,700.


[Moderator's Note: Article truncated because of copyright concerns.]
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Re: Becraft loses another "willfulness" defense attempt

Postby Doktor Avalanche » Fri Apr 24, 2009 10:52 pm

Another pilot? Sheesh!
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Re: Becraft loses another "willfulness" defense attempt

Postby VinnyZ » Fri Apr 24, 2009 10:59 pm

Doktor Avalanche wrote:Another pilot? Sheesh!


The tp's will focus on that part and claim that is why he lost.

They did the same thing after they realized that Vernice Kuglin actually did end up paying the IRS a few hundred thousand dollars in taxes, penalties and interest.

In their warped minds, a pilot needs a license, the license creates the federal privilege, and the federal privilege creates the tax liability.

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Re: Becraft loses another "willfulness" defense attempt

Postby Gregg » Sat Apr 25, 2009 9:50 pm

Not really, one of the "owls" is a pilot who went to some length to explain that a pilot's certificate (which is what it technically is, not a license) is, well, not an exercise of any privilege, something about anybody could get one, which makes it not anything that makes what you do taxable. For what it's worth, if Congress passed a law, that said they were going to send a million dollars directly from the treasury to (insert crackhead name here), they would find a way to rationalize how that's not a federal privilege.
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Re: Becraft loses another "willfulness" defense attempt

Postby Joey Smith » Sat Apr 25, 2009 9:53 pm

Judge Roy Bean wrote:
grixit wrote:Do we have another description of the trial? I'm skeptical.


He's a serial defier.

Stillwater Man Convicted Of Filing False Tax Returns
Claimed $163 Thousand In Refunds

Submitted News Release
1600kush.com
04/15/2009

Stillwater Man Convicted Of Filing False Tax Returns
Claimed $163 Thousand In Refunds

Oklahoma City, Oklahoma - John C. Richter, United States Attorney for the Western District of Oklahoma, announced today that a federal jury has convicted GEORGE EDWARD BOYD, 60, of Stillwater, Oklahoma, of signing seven false federal personal income tax returns and claiming seven false tax refunds totaling over $163,700.

"We should not forget that the ultimate victims of tax fraud are those honest hard-working Americans who pay their taxes," said U.S. Attorney John C. Richter. "This jury's verdict on April 15th should serve as a stern reminder that everyone must comply with the tax laws."

"We are very pleased with the trial results and would advise those who advocate violating the tax laws to heed today's guilty verdict," said Michael Lahey, Special Agent-in-Charge for IRS Criminal Investigation in Oklahoma. "Far too often people have followed bad tax advice regarding frivolous tax arguments that have been refuted time and again by the courts."

Mr. Boyd retired from the United States Air Force as a Lieutenant Colonel in 1993 and has worked as an international cargo pilot for Atlas Air, Inc., since December of 1998. The evidence at trial showed that he has openly contested the legal authority of the federal government to assess, levy, and collect certain personal income taxes since 1996 and that he failed to file personal income tax returns for the calendar years 1996 through 2000. In 2003, after the IRS Office of Appeals determined that he owed taxes and imposed a penalty for a false Form W-4 that he signed, the United States Tax Court ruled against Mr. Boyd and in favor of the IRS. In 2004, the United States District Court for the District of New Mexico also ruled against Mr. Boyd and characterized his "arguments that the Internal Revenue Code does not tax the wages of United States citizens and similar arguments as frivolous." In 2005, on further appellate review, the United States Court of Appeals for the Tenth Circuit affirmed the decisions of the United States Tax Court and the United States District Court for the District of New Mexico. The Court of Appeals noted that in response to IRS notices, "Mr. Boyd made the groundless argument that he, as a United States citizen and resident, was not required to pay taxes on the income derived from sources within the United States."

Evidence showed that after the Tenth Circuit's ruling, Mr. Boyd signed federal income tax returns for the years 2001 through 2007 in which he reported that he had zero wages. He earned between $80,000 and $115,000 in wages from Atlas Air in each of those years. On each of these seven returns, Mr. Boyd claimed a tax refund ranging from $5,853 for the 2001 calendar year to $33,349 for the 2005 calendar year. Mr. Boyd arrived at these figures by adding his Medicare and Social Security withholding to his federal income tax withheld. According to the jury's verdict, Mr. Boyd knew that these seven refund claims were false because they were based on false information about his wages and the amount of federal income tax withheld from his wages. He signed the last three returns after IRS special agents with the Criminal Investigation Division told him that his legal theories were incorrect; he signed the last two returns after having received a letter from the Criminal Investigation Division that stated that his case had been recommended for criminal prosecution.

The jury deliberated only about 40 minutes before finding Mr. Boyd guilty on all 14 counts (seven counts of filing false tax returns and seven counts of making false claims against the government).

Sentencing has been scheduled for July 15, 2009. Mr. Boyd faces a potential penalty of three years in prison and a fine of $250,000 on each of the seven counts charging false tax returns. He could also be required to pay the costs of prosecution. On each of the seven false-claim counts, he could be sentenced to five years in prison and subjected to a fine of $250,000. These criminal penalties would be separate from any penalties and interest imposed by the Internal Revenue Service in any civil litigation with Mr. Boyd.

These charges are the result of an investigation conducted by the Criminal Investigation Division of the Internal Revenue Service. The case is being prosecuted by Assistant U.S. Attorneys Scott E. Williams and Susan Dickerson Cox.
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Re: Becraft loses another "willfulness" defense attempt

Postby Judge Roy Bean » Sun Apr 26, 2009 1:36 am

Since when do "press releases" have distribution limits?
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Re: Becraft loses another "willfulness" defense attempt

Postby Joey Smith » Sun Apr 26, 2009 5:19 am

D'oh! My bad, didn't realize it was a press release, which of course is not protected by copyright. That one will be restored.

Sorry to be so _____ about copyright but received some nasty calls recently .......
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Re: Becraft loses another "willfulness" defense attempt

Postby Demosthenes » Thu Jul 16, 2009 5:46 pm

Full story:
http://newsok.com/tax-fraud-lands-still ... le/3385657

Excerpt:

Tax fraud lands Stillwater pilot a 3-year term
BY NOLAN CLAY
Published: July 16, 2009

A pilot who opposed paying taxes on constitutional grounds was sentenced Wednesday to almost three years in prison for seven false tax returns.

George Edward Boyd, 60, of Stillwater was ordered to pay $113,053 in restitution to the Internal Revenue Service. He also must pay $4,065 to cover the cost of his prosecution and a $1,400 special assessment to the federal government.

U.S. District Judge Robin Cauthron said she chose the punishment — 33 months in federal prison — to set an example for others.

"Clearly you are a good man, better than most,” the judge told the retired U.S. Air Force lieutenant colonel. "Why you did what you did, I cannot fathom.”
Demo.

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Re: Becraft loses another "willfulness" defense attempt

Postby Number Six » Thu Jul 16, 2009 8:06 pm

Becraft now heads back to Huntsville, having shed a few crocodile tears for his customer, but roughly $80,000 richer. Did he give his client fair warning that the best he could expect was to beat the criminal charges? "Hey Bubba, here are the phone numbers of several of my former customers, those who have beat the criminal charges and plea bargained the other monetary ones; also clients who have lost on all counts and are now out of federal prison. I want to be completely upfront on your odds in this game and what the downside is. Prepare yourself for the worst." It's called truth in advertising.
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Re: Becraft loses another "willfulness" defense attempt

Postby Noah » Thu Jul 16, 2009 8:46 pm

Number Six wrote:Becraft now heads back to Huntsville, having shed a few crocodile tears for his customer, but roughly $80,000 richer. Did he give his client fair warning that the best he could expect was to beat the criminal charges? "Hey Bubba, here are the phone numbers of several of my former customers, those who have beat the criminal charges and plea bargained the other monetary ones; also clients who have lost on all counts and are now out of federal prison. I want to be completely upfront on your odds in this game and what the downside is. Prepare yourself for the worst." It's called truth in advertising.

Just where did you get the $80,000 figure from ?

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Re: Becraft loses another "willfulness" defense attempt

Postby Number Six » Thu Jul 16, 2009 9:33 pm

When, as a non-filer, I was looking at my options, I contacted him, he gave me the information of some people in Arizona; they said that is his standard fee. It was over five years ago. He may operate on a sliding scale. Maybe he did it cheaper for this veteran. It's an educated guess.
'There are two kinds of injustice: the first is found in those who do an injury, the second in those who fail to protect another from injury when they can.' (Roman. Cicero, De Off. I. vii)

'Choose loss rather than shameful gains.' (Chilon Fr. 10. Diels)


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