PRA Madness

[Demosthenes]

Those of you who have been arround a few years, or who have seen Aaron Russo's movie, have undoubtedly heard the infamous tale of Whitey Harrell's criminal acquittal. After all, the jury foreman on his case (Marcie Brooks) has made a name for herself by speaking on the subject at various meetings and conferences. Lindsey Springer apparently worked on the defense team.

What no one seems to talk about is that Whitey was indicted again by the State of Illinois in April 2002 on three news counts of income tax fraud.

While there have been numerous delays in the trial, his attorney filed a motion on August 4, 2006 to dismiss the case based on the Paperwork Reduction Act.

This is a state of Illinois case, for evasion of state income taxes. Citing a Federal law as a reason for dismissal isn't going to work.

[David Merrill]

I suspect that like actors/producers, attorneys tend to drink a bit too much. Actors/producers may get behind the wheel of a car while attorneys, knowing better draft motions to dismiss.

Drunk drafting...

Demosthenes posted:

...While there have been numerous delays in the trial, his attorney filed a motion on August 4, 2006 to dismiss the case based on the Paperwork Reduction Act.

This is a state of Illinois case, for evasion of state income taxes. Citing a Federal law as a reason for dismissal isn't going to work.

Dontcha just love the comedic irony? Filing lots more nonsensical paperwork (a motion) based upon the paperwork reduction act? Too funny...

And David Merrill added:

...attorneys tend to drink a bit too much. Actors/producers may get behind the wheel of a car while attorneys, knowing better, draft motions to dismiss.

Drunk drafting...

HAHAHAHAHAHAHAHA. Thank you for that wonderful dose of endorphins, David. I wonder if the Great Impersonator secretly laughed, too... and all of the marbles fell out of her mouth...

[dawgwise]

Being an honorary member, inducted by David Merrill, to an essoteric and private club (note the avitar as absolute evidence and proof) I felt compelled to illuminate. [pun intended]

Re: Whitey Harrell

http://www.quatloos.com/Tax-Forums/v...67 c0414c034b

If you follow the links on Quatloos, you'll come here:

http://www.judici.com/courts/cases/c...l&charge_text=
http://www.judici.com/courts/cases/c...25JL2002CF73D1

Case No. 2002CF73. Look at the History (at the top right), and you'll find a motion to dismiss based on the PRA, along with other motions. Filing motions is madness remember!
The exhibits include Form 1040 and Instructions for the years in question, Form OMB 83-I for the nearest year and the Legislative History.

Remember most states are linked between the federal and state return based on IRC 6012. If the 1040 is bootleg (the courts term not mine) how can one file state based upon federal? I don't know - it's a question.

The judge commented that he had three motions, two of which he didn’t want to address, and one which he did and so ruled on that motion, and since the prosecution probably would file a motion in instanter, he’d probably have to address those later.

The motion to dismiss based upon the ruling of the Illinois S.Ct. making failure to file a tax return a misdemeanor and not a felony. The judge chose to rule on that basis.

The prosecutor may have or has filed his motion(s) and argument may or will probably proceed however. I'm sure others are far more up-to-date than I, especially those that posted number 1 and number 2.

[freeindeed]

Originally Posted by dawgwise

Being an honorary member, inducted by David Merrill, to an essoteric and private club (note the avitar as absolute evidence and proof) I felt compelled to illuminate. [pun intended]

Re: Whitey Harrell

http://www.quatloos.com/Tax-Forums/v...67 c0414c034b

If you follow the links on Quatloos, you'll come here:

http://www.judici.com/courts/cases/c...l&charge_text=
http://www.judici.com/courts/cases/c...25JL2002CF73D1

Case No. 2002CF73. Look at the History (at the top right), and you'll find a motion to dismiss based on the PRA, along with other motions. Filing motions is madness remember!
The exhibits include Form 1040 and Instructions for the years in question, Form OMB 83-I for the nearest year and the Legislative History.

Remember most states are linked between the federal and state return based on IRC 6012. If the 1040 is bootleg (the courts term not mine) how can one file state based upon federal? I don't know - it's a question.

The judge commented that he had three motions, two of which he didn’t want to address, and one which he did and so ruled on that motion, and since the prosecution probably would file a motion in instanter, he’d probably have to address those later.

The motion to dismiss based upon the ruling of the Illinois S.Ct. making failure to file a tax return a misdemeanor and not a felony. The judge chose to rule on that basis.

The prosecutor may have or has filed his motion(s) and argument may or will probably proceed however. I'm sure others are far more up-to-date than I, especially those that posted number 1 and number 2.

It's very interesting that there are no other posts regarding Whitey Harrell on quatlooser. Could it be that the PRA is having an effect in state court? This is very interesting indeed.

[dawgwise]

All I can say to you Freeindeed is those at Quatloos have their America (multinational corporate state) and you have yours.

Theirs is political with all its problems
Yours is natural and beautiful.

Theirs is war and conflict (that’s why they are upset when someone doesn’t fund war through tax)
Yours is filled with dreams and hope.

Their America is filled with international problems
Yours is calm with reverent mountains and quiet valleys.

Theirs is a contest
Yours is peace.

Theirs is a census counting heads to tax
Yours is the sound of the sea

Theirs is the trick of a fox and the laughter of a hyena
Yours is a garland of memories

Theirs is of two men, one who pays taxes and one who collects tax
Yours is freedom and liberty

Theirs is commerce
Yours is earth

Theirs is representatives and committees
Yours is a family reunion

Theirs is parties’ sects and bigotry
Yours is mankind

Theirs is debate
Yours is a song

Theirs is disguises
Yours is the naked truth.

[Shoonra]

A follow-up in the Robert Lawrence case:

On July 31st, the US District Court, Central Distr. of Illinois, rejected Lawrence's motion for payment of his attorney's fees and costs. The Court held that the DOJ had dismissed its case against him solely because it had discovered that the IRS had miscalculated Lawrence's tax liability, and altho Lawrence had failed to pay a slightly smaller sum of taxes, it was in the interests of justice that the DOJ drop its original prosecution and obtain an entirely new indictment based on the correct figures. The Court explicitly rejected Lawrence's claim that the DOJ had dropped the case because his lawyer was going to raise a defense based on the Paperwork Reduction Act; noted that wherever this argument had been used in such cases it had failed, and altho it apparently had not yet been used in a case decided by the 7th Circuit, the chance that the 7th Circuit would decide contrary to every precedent from other circuits was very slim.

On the same topic, the 3rd Circuit recently rejected a PRA defense in Barzeski v. C.I.R. (3d Cir 3/27/06) 173 Fed.Appx 175, 97 AFTR2d 1738, and said that the PRA defense had been so thoroughly and so long ago discredited that Barzeski was going to be fined for frivolous argument.

[dawgwise]

Shoonra said: "it was in the interests of justice that the DOJ drop its original prosecution and obtain an entirely new indictment based on the correct figures."

Did you show this new indictment from this old update?

What does and OLD update about Robt. Lawrence have to do with someone filing motions in State court as per the origin of this thread?