[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Sign-in]  [Mail]  [Setup]  [Help] 

Status: Not Logged In; Sign In

Nicotine and Fish

Genocide Summer Camp, And Other Notes From The Edge Of The Narrative Matrix

This Can Create Endless Green Energy WITHOUT Electricity

Geoengineering: Who’s Behind It and How We Stop It

Pam Bondi Ordered Prosecution of Dr. Kirk Moore After Refusing to Dismiss Case

California woman bombarded with Amazon packages for over a year

CVS ordered to pay $949 MILLION in Medicaid fraud case.

Starmer has signed up to the UNs agreement to raise taxes in the UK

Magic mushrooms may hold the secret to longevity: Psilocybin extends lifespan by 57% in groundbreaking study

Cops favorite AI tool automatically deletes evidence of when AI was used

Leftist Anti ICE Extremist OPENS FIRE On Cops, $50,000 REWARD For Shooter

With great power comes no accountability.

Auto loan debt hits $1.63T. 20% of buyers now pay $1,000+ monthly. Texas delinquency hits 7.92%.

Quotable Quotes from the Chosenites

Tokara Islands NOW crashing into the Ocean ! Mysterious Swarm continues with OVER 1700 Quakes !

Why Austria Is Suddenly Declaring War on Immigration

Rep. Greene Wants To Remove $500 Million in Military Aid for Nuclear-Armed Israel From NDAA

Netanyahu Lays Groundwork for Additional Strikes on Iran: 'We Didn't Deal With The Enriched Uranium'

Sweden Cracks Down On OnlyFans - Will U.S. Follow Suit?

Joe Rogan CALLS OUT Israel's Media CONTROL

Communist Billionaire Accused Of Funding Anti-ICE Riots Mysteriously Vanishes

6 Factors That Describe China's Current State

Trump Thteatens to Bomb Moscow and Beijing

Little Bitty

Vertiv Drops After Amazon Unveils In-House Liquid Cooling System, Marking Pivot To Liquid

17 Out-Of-Place Artifacts That Suggest High-Tech Civilizations Existed Thousands (Or Millions) Of Years Ago

Hamas Still Killing IDF Soldiers After 642 Days

Copper underpins every part of the economy. If you want to destroy the U.S. economy this is how you would do it.

Egyptian Pres. Gamal Abdel Nassers Chilling Decades-Old Prediction About Israel-Palstine Conflict.

Debt jumps $366B in one day.


Business/Finance
See other Business/Finance Articles

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: 3365
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*

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

Begin Trace Mode for Comment # 55.

#30. To: Starwind, All (#0)

First and foremost, to the best of my knowledge, as of this writing, neither John Kotmair nor SAPF's attorney have been served notice of any order. Until we are served, there's not much we can say about it. I think it's quite interesting that the DOJ might have made such an annoucement prior to SAPF being served.

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.

I can state that neither John Kotmair nor SAPF has ever "advised" people of what they can and cannot do with regard to taxes. It is perfectly legal to tell others what the law says so long as any listeners make their own decisions as to how the law applies to them and what it requires them to do. It's long known that congress has made dispensing such advice about what the law requires specific people to do a licensable privilege, just as they've made many other things into privileges. The caution against giving advice has been prominent for the entire time I've been with SAPF, and it is simply not done.

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.

If the legal action referred to is the civil suit instigated by the DOJ, I fail to see why SAPF should not have continued activities it's conducted since 1984 prior to a resolution in the suit.

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/

Starwind, I'm surprised to hear you claim this. You are aware, aren't you, that John Kotmair/SAPF defeated the IRS in their criminal case in 1993-96? The IRS raided the fellowship headquarters in full military/swat-team style and took everything that wasn't nailed down. They were subsequently ordered to bring it all back, which they did. Because they lost that case -- with prejudice, and that at their own motion -- they could not take any criminal action against the fellowship. That is why this time it was a civil case.

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 will say that I agree that false arguments do muddy waters for those arguing legitimately, and that has been lamented with regard to others in the past. But please share what legitimate tax-protest argument it is you subscribe to.

For the record, there is a framed sign hanging in the lobby of SAPF's office which informs the reader that SAPF's interest is not in protesting any tax, but only insists on proper application of the current tax law. Becaues it does not protest any tax, lawful or otherwise and it is not a tax-protest organization and does not advance any tax protest arguments.

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.

Yes, Joe Banister won his case but I'm not even sure how his position in taxes is that much different from SAPF's. He does emphasize the fact that the 16th wasn't properly radified which SAPF doesn't care about but beyond that??? The courts pretty much claimed the matter was out of their jurisdiction.

Neil McIver  posted on  2006-12-04   22:55:55 ET  Reply   Untrace   Trace   Private Reply  


#45. To: Neil McIver (#30)

First and foremost, to the best of my knowledge, as of this writing, neither John Kotmair nor SAPF's attorney have been served notice of any order. Until we are served, there's not much we can say about it. I think it's quite interesting that the DOJ might have made such an annoucement prior to SAPF being served.

I'm puzzled to see you write "we", as if you are a party to the action against Kotmair and SAPF, and as if you yourself expect to be served????

As for the facts of the injunction, it's over, stick a fork in it. The order, injunction and opinion were all filed by Judge Nickerson 11/29/06 (I've read them - they're available on the court website https:// ecf.mdd.uscourts.gov/cgi-bin/iqquerymenu.pl?130431 select History/ Documents... then select doc #s 68, 69 & 70 - you'll need a pacer account which anyone can register and receive, these are public records) with instructions to the clerk to transmit copies to all counsel of record. I'm sure Kotmair knew this on the 29th and has received the clerks transmitted copies as of today. I'm a bit skeptical that his website doesn't show any of the 37 filings that have been made since 5/16/06.

You are aware, aren't you, that John Kotmair/SAPF defeated the IRS in their criminal case in 1993-96? The IRS raided the fellowship headquarters in full military/swat-team style and took everything that wasn't nailed down. They were subsequently ordered to bring it all back, which they did. Because they lost that case -- with prejudice, and that at their own motion -- they could not take any criminal action against the fellowship.

I don't actually know what the facts are. I'd have to go pull the docs on that case as well (perhaps I might). But what Kotmair has posted and referred to as:

"If the court declared the Fellowship's operation legal in 1996, it must certainly be legal in 2005. If the IRS could not find any criminal activity in 1993 and 1994, while they had all of our computers and paper files, surely they would not find any today."

is disingenuous as the posted signature pages of two filings from that case don't show any such declaration or finding of legality. Just that the case is being dismissed with prejudice - that is not a finding on the merits. The case it seems was withdrawn by the government as the IRS (in a botched raid) botched the case. But the tax issues themselves were not litigated or adjudicated. And obviously, even if they were dispensing valid legal tax advice or operating legally as of 1995, that doesn't mean that they remained so in the last 10 years.

For the record, there is a framed sign hanging in the lobby of SAPF's office which informs the reader that SAPF's interest is not in protesting any tax, but only insists on proper application of the current tax law. Becaues it does not protest any tax, lawful or otherwise and it is not a tax-protest organization and does not advance any tax protest arguments.

Well Kotmair (and SAPF) failed to dispute the government's case and it seems was non-responsive and frivolous to the discovery filings, on which basis the judge granted summary judgment to the government. Avoiding summary judgement is lawyering 101 - there is no excuse (assuming Kotmair had a case to make).

Though I've not read all 70 documents, it appears Kotmair/SAPF failed to comply with the trial judges rulings on discovery and was uncooperative in general, and the case then reverted from the assigned trial judge back to district court to Nickerson for disposition, where again Kotmair seems to have lost every motion and appeal, I would assume, for continuing to be non-responsive (or frivolous) to discovery and motions.

I might be more sympathetic to Kotmair's side of the debacle if he were more forthcoming in presenting his refutation of the judges rulings, but he stopped posting filings with doc #33 on 5/16/06. The record was not sealed and they are public findings. While Kotmair is not obligated to post them, one has to wonder why he stopped posting them as his defense was disintegrating. In view of what I have read (and past observations of similar fiascos), I'm inclined to accept the judges viewpoint at face value.

Starwind  posted on  2006-12-05   0:34:03 ET  Reply   Untrace   Trace   Private Reply  


#52. To: Starwind (#45)

I'm puzzled to see you write "we", as if you are a party to the action against Kotmair and SAPF, and as if you yourself expect to be served????

I am a member of SAPF, as as a member, I believe I'm technically party to the suit even though I've not be served so much as a scribbled-upon napkin.

As for the facts of the injunction, it's over, stick a fork in it. The order, injunction and opinion were all filed by Judge Nickerson 11/29/06

I'm sure you're conveying what the web site says, but the fact remains that it's required that we be served and my latest info is we have not. I'm sure there will be an appeal and, if rumors are true as to its content, maybe some clarification on the order as well.

I'm a bit skeptical that his website doesn't show any of the 37 filings that have been made since 5/16/06.

I'll ask the webmaster about that, though the front page says it was last update on 9/12/06. Might be a case of them being posted but missing links on the page.

is disingenuous as the posted signature pages of two filings from that case don't show any such declaration or finding of legality. .... Just that the case is being dismissed with prejudice - that is not a finding on the merits.

There was a formal decision by a judge (Garbis) and SAPF won. The IRS appealed that decision but then moved to dismiss the appeal with prejudice, which was granted. So there was a judicial decision favoring SAPF. This is not a case of them getting off to a bad start and aborting prior to any ruling.

And yes, they really mishandled things, as the plan was for a grand jury to indict Kotmair in South Dakota or some state up that way. They summoned him up there on false pretenses of being a witness and then faced the GJ that just got an earful from the DOJ. He spent 45 minutes with them and walked out unindicted. Apparently the IRS didn't get the memo as they proceeded to raid SAPF the following AM.

Well Kotmair (and SAPF) failed to dispute the government's case and it seems was non-responsive and frivolous to the discovery filings, on which basis the judge granted summary judgment to the government. Avoiding summary judgement is lawyering 101 - there is no excuse (assuming Kotmair had a case to make).

Do you know this to be true? I have it that there were plenty of arguments made. The ball was not dropped by SAPF, Star. If you are basing your comments solely on what the judge wrote, then I'm afraid you're not getting the facts. This is a very deep case in which the IRS didn't even want to offer their witnesses for deposition. It was pulling teeth with them all the way.

I will admit I've not been involved with the details of the case, but I converse with those who have been on a very regular basis so I'm quite confident that your impressions on SAPF's handling of the case are very, very wrong.

Neil McIver  posted on  2006-12-05   1:56:20 ET  Reply   Untrace   Trace   Private Reply  


#55. To: Starwind (#52)

This link to the SAPF site does indeed have documents as recent as 9/11/06.

http://www.save-a-patriot.org/doj/docket/docket.html

There are 67 PDF documents listed there. You can say a lot of things, but to say we were non-responsive in the suit is flat out wrong.

This link is on the same page that also shows the listing that stops at 5/12/06. It's labeled "Complete Docket" above the listing. I guess our webmaster got tired of updating the list.

Neil McIver  posted on  2006-12-05   2:25:18 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 55.

        There are no replies to Comment # 55.


End Trace Mode for Comment # 55.

TopPage UpFull ThreadPage DownBottom/Latest


[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Sign-in]  [Mail]  [Setup]  [Help]