In the Hands of the Jury

The fate of Wesley Snipes is now in the hands of a jury in Ocala, Florida. Closing arguments were heard yesterday and it was more of the same. The prosecution noted the facts that Mr. Snipes didn’t pay his taxes and that he allegedly worked hand-in-hand with his two co-defendants to not pay the IRS (and the government) the taxes that were owed and even filed a false claim for refund. As Ocala.com reported, “Nobody likes paying taxes. Nobody,” Prosecutor M. Scotland Morris said. “But paying taxes is the privilege we pay to live in a civilized society … That’s what this case is about — three men who believe they are above the law. They’re not above the law. Tell them that.”

On the other hand, defense attorney Robert Barnes characterized Mr. Snipes as a patriotic American. “It may have been protest. Protest is not criminal. It may have been disagreement. Disagreement is not criminal. It may have been frivolous. Frivolous is not fraud.”

But what about not filing tax returns for six years? To this observer that sure looks like tax evasion. However, that’s not what Mr. Barnes told the jury. He believed that Mr. Snipes must be acquitted to uphold American freedoms. “The liberty to ask questions … the liberty to challenge your government. The liberty to engage your government. These liberties are American liberties. The Liberty Bell may be cracked in Philadelphia, but it can still be heard in Ocala.”

I believe the most apt comments came from Robert O’Neill, U.S. Attorney for the Middle District of Florida. He told the jury, “We are taught from an early age that we have to pay our taxes. Everybody knows that — except these three men…Is it not deceitful to file one frivolous claim after another?… Any more obvious attempting of this would be very hard to imagine.”

Jury deliberations did not begin until 4:40pm yesterday, and ended at 5:00pm. They are continuing this morning in Ocala. If I were Mr. Snipes, I wouldn’t plan on accepting any acting roles for the next few years.

Other Coverage: Roth Tax Updates

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