the belligerent claimant in person
Allen Hacker
animated in the cause of freedom

Tuesday, July 08, 2003


Isn't this rich?!!!

An email I just got privately from a researcher starts off with the following statement:

The IRS states "Some tax shelters are legal while others exploit ambiguities in tax laws."

Huh! "ambiguities in tax laws" -huh!

Anyone ever heard of "void for vagueness"?

Seems to me that people who are being charged in this manner have a perfect defense.

If the tax shelter exploits ambiguity in the tax laws, then those tax laws are admittedly ambiguous, and that is an ipso facto prima facie case of void for vagueness.

Somebody ought to do something about it.

Like maybe, everyone charged with abusive tax shelter should use that statement as a bully club to demand that IRS defend, prove and substantiate the laws they are using.

What we need is the source of this statement. Make sure it was actually said. And then start swinging.

ambiguous: 1. Open to more than one interpretation: an ambiguous reply. 2.
Doubtful or uncertain

void for vagueness: a doctrine requiring that a penal statute define a criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement
Note: Under the void-for-vagueness doctrine, a vague law is a violation of due process because the law does not provide fair warning of a prohibition and fails to set standards for enforcement that would govern the exercise of the police power.


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the belligerent claimant in person
Allen Hacker
animated in the cause of freedom