What Did This Willful Failure to File Defendant Do Right?

Posted on: March 11, 2010 by: admin

Courtroom, Calhoun County Courthouse

Image by J. Stephen Conn via Flickr

Tom Hauert was indicted on five counts Sec. 7203 WILLFUL FAILURE etc. Hauert wanted to know the OFFENSE statute he was accused of violating and would be pleading guilty to. He wanted to know the particular statute that made him a person required to pay the income tax. His attorney (addressing the judge): “The prosecution has been trying to get my client to plea bargain. My client is interested but has a few demands of the prosecution in order to understand the charges and determine the potential guilt. He has a serious question that nobody will address. Will the court entertain that question?” Hauert: “Your honor, Section 7203 of the I.R. Code is a DISCIPLINARY STATUTE. It defines the penalty for someone who has broken the law. I need to know the underlying offense statute that is used to determine if I am the “any person” required to file. The term “any person” is ambiguous“. Hauert’s attorney then requested a Bill of Particulars, defining the specific offense statute that created the liability for Hauert to pay the income tax and file a 1040 Tax Return. A Bill of Particulars is a written statement of the SPECIFIC CHARGES against the defendant. This switched the burden of proof back to the government to provide such a statute. After an extended period of time, the prosecution still could not supply the court with the offense statute or regulation that made Tom Hauert (or any American Citizen) the person made liable to pay the S.1 graduated Income Tax (because no such statute exists). Hauert, therefore, filed for and was granted a DISMISSAL! http://irsdebteliminated.com/blog/2009/06/24/how-to-beat-the-irs-irs-v-hauert/


Comments

One Response to “What Did This Willful Failure to File Defendant Do Right?”
  1. Ed S says:

    Please post a link , or a court case number that confirms that the case was dismissed. My research shows that on appeal, the case against Hauert was upheld, and he went to jail.
    http://cases.justia.com/us-court-of-appeals/F3/89/838/583010/

    I had hoped that the information that you presented was true.