Seventh Circuit Will Not Let Tax Protester Blame His Lawyer For Conviction
From there, Mr. Stuart’s attorney pretty much let the prosecution run the show, perhaps thinking, not without reason, that the prosecutor was giving plenty of evidence for the defense’s theory. It is called the Cheek defense. In a probably futile attempt to dissuade people from drinking the tax protester Kool-Aid, quatloos has posted something titled Here Is The Law That Makes The Average American Liable for the Income Tax (I highly recommend it as a restorative after engaging with whackadoodle tax theories.). They give a great explanation of the Cheek defense, which has helped a few protesters keep their liberty.
Chief Counsel Advice Provides Timely Warning About 1099 Filing Requirements
So it is coming out of an audit, where the examining agent took to heart the direction to go after backup withholding. Here we have to speculate a bit, but presumably the taxpayer is responding. “Hey. Joes Plumbing Inc. Joes Plumbing LLC. Six of one, half a dozen of the other. That’s not who you send 1099s to .” Sadly it turns out to be 0% of one and 28% of the other. Unless you can show that Joe decided to elect to treat his LLC as a corporation, which is not a high percentage bet.
The thing that I find interesting about this is that it does not seem to be happening as often as it could. If you are a tax preparer and not incorporated does it worry you that your clients are not sending you 1099s? Maybe it should. Or maybe you need to charge more. I mean the threshold is only $600.
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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.