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Business/Finance
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Title: Westminster man told to stop running tax scheme
Source: Baltimore Sun
URL Source: http://www.baltimoresun.com/news/lo ... story?coll=bal-local-headlines
Published: Dec 4, 2006
Author: AP
Post Date: 2006-12-04 18:32:27 by Starwind
Ping List: *unUsual Suspects*     Subscribe to *unUsual Suspects*
Keywords: Kotmair, Save-A-Patriot Fellowship
Views: 3505
Comments: 200

A Westminster man has been barred by a federal judge from running a scheme in which he promised to help members avoid paying federal taxes, the U.S. Department of Justice announced today.

The "Save-A-Patriot Fellowship" run by John Baptist Kotmair Jr. falsely advised that clients didn't have to pay taxes and could legally withdraw from the Social Security system, U.S. District Judge William Nickerson said in his ruling. Despite legal action by the U.S. Justice Department, Kotmair's organization continued to file frivolous protest letters with the Internal Revenue Service on behalf of more than 800 clients and showed "no inclination ... to cease their activities," Nickerson noted.

Nickerson's order, issued last week, permanently bars Kotmair and his organization from representing or assisting anyone in corresponding with the IRS, or preparing court filings relating to income taxes. Kotmair and his organization must also notify all individuals involved in the scheme of the injunction and provide the Justice Department with the names of the customers, their e-mail addresses and telephone and Social Security numbers.

The injunction also must be posted prominently on the organization's Web sites for a year, and fraudulent promotional materials must be removed from the sites.


Poster Comment:

Kotmair's defense and taxation arguments were inane to put it charitably. His website (where he's to post the injunction) is at http://save-a-patriot.org/

Stupid tax-protestors and their schemes just muddy the water for legitimate tax-protest arguments. Kotmair, Schiff, Schultz, Rose all will become boilerplate examples of tax schemes which will be used unfairly to broad-brush and defeat otherwise legitimate arguments, rasing the cost and complexity to properly take on the IRS.

I cite Joe Banister as an example of how to do it right, intelligently, and the above tax schemes just make it difficult if not impossible for people like Banister to prevail honestly on the merits. Subscribe to *unUsual Suspects*

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Begin Trace Mode for Comment # 53.

#2. To: Starwind (#0) (Edited)

Stupid tax-protestors and their schemes

Many of these "stupid tax protestors" are correct in their assertions. They have researched extensively and know the law. That matters not to the government. They can't let this information become known, let them win, and, of course, are going to make examples of them to scare anyone who may be considering not filing. In the courtroom, the judge's totally ignore the law and, worse, insure that the jury never knows it either. Their job is to protect the corrupt system. See Aaron Russo's Freedom To Fascism to see it in practice. Joe Banister and several other former IRS Agents and many in the Tax Honesty Movement are featured in the film.

christine  posted on  2006-12-04   18:53:17 ET  Reply   Untrace   Trace   Private Reply  


#7. To: christine (#2)

Many of these "stupid tax protestors" are correct in their assertions. They have researched extensively and know the law.

The ones I've listed do not. They haven't a clue. They think they do, but they seemingly can not (or will not) read what the law or code says, or understand court procedures, or how tax accounting is done and how accountants are limited and what lawful means are available to reduce tax liabilities. The "stuff" posted on most tax-protestor websites is some of the most assinine "legal" tripe I've read in years.

That matters not to the government. They can't let this information become known, let them win, and, of course, are going to make examples of them to scare anyone who may be considering not filing. In the courtroom, the judge's totally ignore the law.

Judges can be forced to address the law, but defendants have *no* leverage if their own arguments are incorrect or unsubstantiated on the law. Yes, the system is unfair and the government will indeed pull every trick possible. Yes, the government is trying to supress much of the so-called "information" proclaimed by tax-protestors, but not because the government is afraid of it, no. The government is trying to supress it because most of it is just plain wrong and many naive people are being hurt by it as well as tax revenues potentially taking a big hit if some of these illegal schemes were adopted en- mass, and the resulting prosecutions would further clog up the courts, to no good outcome.

There is a reason most tax-protestors represent themselves. They don't listen to their lawyers or accountants and end up postitioning themselves behind a legal eightball which has no legitimate defense, and most competent lawyers won't touch the tax-protestors "arguments" with a ten-foot pole.

It is said don't go into a gunfight armed with a pocket knife. The mistakes happen long before that. If all one understands is pocket knives, one would do well to listen to the advice of professional gunfighters.

Starwind  posted on  2006-12-04   19:10:01 ET  Reply   Untrace   Trace   Private Reply  


#32. To: Starwind (#7) (Edited)

There is a reason most tax-protestors represent themselves. They don't listen to their lawyers or accountants and end up postitioning themselves behind a legal eightball which has no legitimate defense, and most competent lawyers won't touch the tax-protestors "arguments" with a ten-foot pole.

That's got nothing to do with whether the argument is sound or not. It has to do with how the court will receive it. Attorneys are beholden to the courts. Judges can revoke their license to represent clients if they get out of line, so yes, you're correct that many won't touch them with a 10 foot pole. Can you name any other reason why they wouldn't touch it? So what if it's a kooky argument. If I'm an attorney and my client wants to argue that the sky is green, why would/should I run away from doing what he's paying me to do? Answer: Judges will get mad at me if I do. Now how legitimate is that?

Sure they won't touch it with a 10-foot pole, which is a strong enough case itself that the judicial system is busted. Isn't it?

Neil McIver  posted on  2006-12-04   23:08:05 ET  Reply   Untrace   Trace   Private Reply  


#46. To: Neil McIver (#32)

So what if it's a kooky argument. If I'm an attorney and my client wants to argue that the sky is green, why would/should I run away from doing what he's paying me to do? Answer: Judges will get mad at me if I do. Now how legitimate is that?

Firstly, because, there are many other litigants waiting in line to get their day in court with legitimate complaints against insurance companies, wall- street robber barrons, check bouncers, dead-beat dads, etc, and you think they should cool their heels while some moron fritters away everyones' time, and taxpayers foot the bill for expanding/juggling the court system?.

Secondly, the purpose of courts is to adjudicate points or interpretations of *established* law between two or more parties. It is *not* a sandbox for contentious/litiguous people to invent new "law".

Nor do you get to "filibuster" or hold your breath and stamp your feet in a courtroom.

Time is of the essence. Justice delayed is justice denied.

Starwind  posted on  2006-12-05   0:38:40 ET  Reply   Untrace   Trace   Private Reply  


#53. To: Starwind (#46)

Firstly, because, there are many other litigants waiting in line to get their day in court with legitimate complaints against insurance companies, wall- street robber barrons, check bouncers, dead-beat dads, etc, and you think they should cool their heels while some moron fritters away everyones' time, and taxpayers foot the bill for expanding/juggling the court system?.

A jury trial is a right. It's not a privilege. A Right. You can't sacrifice someone's right out of expediency. And maybe if the government wasn't so busy carrying on it's illegal drug war they'd have more time to afford the rest their Right to a trial.

Nor do you get to "filibuster" or hold your breath and stamp your feet in a courtroom.

Nor should you. There can be adequate safeguards for that while still affording the accused their right to a trial. There is no shortage of court rules in existance now. A no-filbuster rule can be one of them, if needed. In fact, there's nothing stoping someone from filbustering under the present system, is there?

Justice delayed is justice denied.

Better delayed that denied outright.

Neil McIver  posted on  2006-12-05   2:01:55 ET  Reply   Untrace   Trace   Private Reply  


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