John Chmielewski: How To Win Friends And Influence Bosses

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KickahaOta
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John Chmielewski: How To Win Friends And Influence Bosses

Postby KickahaOta » Mon May 08, 2017 7:26 pm

John Chmielewski tried the ol' sue-your-mean-treasonous-employer-for-withholding-taxes-from-your-paycheck. Spoiler alert:
Didn't work.


United States Court of Appeals For the Seventh Circuit, Chicago, Illinois 60604
Submitted May 4, 2017* Decided May 8, 2017
Before
MICHAEL S. KANNE, Circuit Judge DIANE S. SYKES, Circuit Judge DAVID F. HAMILTON, Circuit Judge
No. 17‐1042
JOHN CHMIELEWSKI, Plaintiff‐Appellant,
v.
TMS INTERNATIONAL, LLC, Defendant‐Appellee.
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. No. 3:16cv421 Joseph S. Van Bokkelen, Judge.

* We have agreed to decide the case without oral argument because the appeal is
frivolous. See FED. R. APP. P. 34(a)(2)(A).


ORDER
John Chmielewski sued his employer, TMS International, LLC, for following IRS instructions in a “lock‐in” letter to withhold taxes from his wages despite his asserted tax exemption. Chmielewski requested that his withheld funds be returned and that TMS cease withholding. The district court dismissed Chmielewski’s claims because it lacked subject‐matter jurisdiction over his request for injunctive relief and he had not otherwise stated a claim. The court noted that the suit was foreclosed by our ruling in Edgar v. Inland Steel Co., 744 F.2d 1276, 1278 (7th Cir. 1984), in which we stated that “employees have no cause of action against employers to recover wages withheld and paid over to the government in satisfaction of federal income tax liability.”   

On appeal Chmielewski continues to assert that he is exempt from federal income tax and says that Edgar was wrongly decided because the plaintiffs there were also exempt. But this is not a “compelling reason” to overturn our precedent. United States v. Lara‐Unzueta, 735 F.3d 954, 961 (7th Cir. 2013). The judgment is AFFIRMED.

TMS moved for appellate attorney’s fees and costs under Rule 38 of the Federal Rules of Appellate Procedure. Chmielewski has not responded. The district court warned him in its dismissal order that his tax‐protestor arguments were frivolous, and this appeal is also frivolous. See Edgar, 744 F.2d at 1278 (“This lawsuit represents yet another disturbing example of a patently frivolous appeal filed by abusers of the tax system merely to delay and harass the collection of public revenues.”). TMS’s motion is GRANTED, and TMS shall file its bill of fees and costs within 14 days of the date of this order.

Famspear
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Re: John Chmielewski: How To Win Friends And Influence Bosses

Postby Famspear » Mon May 08, 2017 8:19 pm

.....John Chmielewski sued his employer, TMS International, LLC, for following IRS instructions in a “lock‐in” letter to withhold taxes from his wages despite his asserted tax exemption....


Unfortunately for John, the following verbiage means what it says:

The employer shall be liable [to the U.S. Treasury] for the payment of the tax required to be deducted and withheld under this chapter [Chapter 24 of the Internal Revenue Code, sections 3401 through 3406, relating to Collection of Income Tax at Source on Wages], and shall not be liable to any person for the amount of any such payment.


--26 USC section 3403 (emphasis added).
...why is anyone in this [losthorizons] community paying the least attention to...'Larry Williams' [Famspear], or other purveyors of disinformation from...quatloos? – Pete Hendrickson, former inmate 15406-039, Fed’l Bureau of Prisons

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Re: John Chmielewski: How To Win Friends And Influence Bosses

Postby KickahaOta » Mon May 08, 2017 10:25 pm

Don't you try to put one over on John! Undoubtedly, the "tax required to be deducted and withheld" is zero, because John isn't liable, because LEGAL MAGIC!

(Yes, yes, I know.)

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Re: John Chmielewski: How To Win Friends And Influence Bosses

Postby notorial dissent » Mon May 08, 2017 10:54 pm

No, no, no, that's "cuz reasons & stuffs" you have to get the argle bargle right or the magic just doesn't seem to work.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: John Chmielewski: How To Win Friends And Influence Bosses

Postby The Observer » Mon May 08, 2017 11:05 pm

And its simply amazing how 100% of them always get the argle bargle wrong. I have to conclude that the argle bargle is highly complex and requires split-second timing, a keen sense of judgment, years of disciplined training, and an immense sense of confidence to pull it off. As such, it has scared me off from ever thinking of trying it. - I know I would fail immensely.

And it seems that our yo-yos who do try it only have one of the 4 required items - immense confidence that it will work. Or maybe it is just an overdeveloped and out-of-place, unjustified sense of confidence.
"I could be dead wrong on this" - Irwin Schiff

"Do you realize I may even be delusional with respect to my income tax beliefs? " - Irwin Schiff

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Re: John Chmielewski: How To Win Friends And Influence Bosses

Postby wserra » Mon May 08, 2017 11:28 pm

The Observer wrote:And its simply amazing how 100% of them always get the argle bargle wrong.


And not just wrong, but wrong in ways that have been proven not to work over and over. For example, this yutz relies on "I'm not a taxpayer so the IRC doesn't apply to me". Gee, haven't heard that one before.
"A wise man proportions belief to the evidence."
- David Hume


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