Local attorney acquitted on federal income tax charges
Cryer stopped filing income taxes more than 10 years ago
July 13, 2007
 
By Loresha Wilson
 ljwilson@gannett.com 

A Shreveport attorney who has challenged the government for years on the legality of filing federal income taxes has been acquitted on charges he failed to file returns.

A federal jury unanimously found Tommy Cryer not guilty this week on two misdemeanor counts of failure to file.

And according to Cryer, the prosecution dismissed two felony charges of tax evasion prior to trial.

Attempts by The Times on Thursday to reach U.S. Attorney Donald Washington or Bill Flanagan, first assistant U.S. attorney, were not successful. Calls made to the two were not immediately returned.

"The court could not find a law that makes me liable or makes my revenues taxable," Cryer said. "The Supreme Court has ruled that the government cannot impose an income tax on anything but the profits and gains. When you work for someone you give your service and labor in exchange for money, so everything you make is not profit or gain. You put something into it."

Cryer was indicted last year on two counts of tax evasion. The indictment alleged he evaded payment of $73,000 in income tax to the Internal Revenue Service during 2000 and 2001.

Cryer created a trust listing himself as the trustee, and received payments of dividends, interest and stock income to that trust, according to the indictment. He also was accused of concealing his receipt of the sources of income from the IRS by failing to file a tax return on behalf of that trust.

"I determined that my personal earnings were not 100 percent profits, some were income," Cryer said. "I refuse to file, I refuse to pay unless they can show me I have a lawful reason to pay."

"What I earned was my own personal labor. I am giving something in exchange. I'm giving my property and I don't belong to anyone else."

Cryer says he stopped filing returns more than 10 years ago after he investigated claims that income tax was a sham. He contends the law doesn't actually tax personal earning.
 

Here is my view ... Sun Jul 22, 2007 4:20 pm 
Most of you taxpayer protestors are bacically incompetent to make any legal claim. The evidence of that fact is that you are incapable of finding the La Code that says property cannot be taken without specific authority. 

Therefore you are incapable of making any kind of tax claim. You should wait until someone else litigates this issue for you. 

That government post should have been answered in about 45 seconds. Not one of you can respond. That is EXACTLY how they beat you in a court of law. They post some silly law like that in courtroom...you are incapable of responding. The judge is trapped. 

The issues you wish to litigate are being litigated. You will be advised when and if a win occurs. There is a small dedicated core group who is educating themselves in law. They have no belief that most of you will ever attempt to acquire this education. 

You subject yourself to great harm my maintaining your ignorance of law. The reason that your government is robbing you blind is your ignorance. 

Remember this: At one time our greatest fear was that some IRS thug would knock down our door and drag us into the street. We have stopped most of this by standing up to them. However that mentality still exist in the IRS. They have to be beat again. These college boys are having a great time kicking your hiney...and at your expense. 
Supreme Court Case Sun Jul 22, 2007 3:23 pm 
And the point is... 

What we need is an opinion of a court about some authority to tax .... not what something thinks the people think. 

more specifically...the La. Law with a court opionion. 

Example: Louisiana Revised Statute_______. 
 

The vast majority of the populace is considered an incompetent at law by actual rule of law. A single judge can overturn a civil law jury judgment for this reason. Give us some law. 
Louisiana Supreme court on Income tax Sat Jul 21, 2007 4:57 pm 
Louisiana Case Law 
 

CITY OF NEW ORLEANS v. SCRAMUZZA, 507 So.2d 215 (La. 1987) 
 

Supreme Court of Louisiana. 

May 18, 1987. 
 

Evidence in this record establishes the income of a 
vast majority of the people in this state consist only of wages, 
salaries, and commissions. It would indeed be difficult to think 
these people, in adopting the Constitution, understood a tax on 
such earnings is not an income tax. 
Note this agreement. Fri Jul 20, 2007 3:24 pm 
The government agrees that you will not be prosecuted for wilful failure to file...if you report all of your income. 

My point was that Mr. Becraft would win 100% of his cases if his clients would simply admit to making gross income. 

There is no wilful failure to file when you report gross income. and...you can do this without showing any taxable income. 

Back to the way to prosecute a tax claim: 
1. Report Income and make a claim. 
2. When it is denied file a legal action for a stay. 
3. Then prosecute your tax claim in court. 

No threat of criminal action if you use that procedure for wilful failure to tile...however they will still go after you unless you litigate the stay. They just prosecute other claims. 
Report Income Fri Jul 20, 2007 10:34 am 
I do agree that everyone is required to report gross income. I always try to do this when the government will let me. However there is a vast difference between being obligated to report gross income (when requested) and reporting money as taxable income vs non taxable income. 

Right now I an actually under a restraining order that keeps me from reporting any income to the IRS in any manner. I am submitting the gross income claim to the courts and asking for the court order to be stayed during the pendency of the claim. I just filed an income claim in the supreme court using another claim. Fortunately you have an almost unlimited amount of time to make "non taxable income" claims. 
Report Income. Fri Jul 20, 2007 10:25 am 
There is three different kinds of income reported (for this post). 
1. Gross Income 
2. Taxable Income 
3. Non taxable Income. 

Reporting gross income as non taxable income is not what the government wants you to do. It wants you to report "taxable income". 
Most tax protestors fail to understand the difference and will not report gross income and make a non taxable income claim. If the claim is properly done you should owe no taxes on property acquired be assession. 

Government employees attempt to use these terms interchangeably. The code doesn't do this. The code presumes most parties are engaged in commercial activity and therefore have acquired "taxable income". Reporting gross income and then saying you do not have a tax liability still subjects you to government collection actions. You can't be prosecuted for wilful failure to file (you can be prosecuted for other things like conspiracy to violate tax laws, etc.). 

Here is the test for the government man to answer: 
1. I am a human being. 
2. I am not engaged in commercial activity. 
3. The money I earned was an even exchange of money for labor. 
4. The amount is 50,000.00 
5. Gross Income is 50,000.00 
6. I report acquired property of 50,000.00 non taxable income. 
7. I have this filing notarized as an affidavit (for evidence). 
8. My claim for defense is that state law determines property taxes. 
9. My state law does not tax property acquired by accession. 
10. Title 26 only taxes profit. 

The difference is that I am making a property claim and not a taxable income tax claim. 

Where is the specific law that makes that property taxable at this point in time? Remember case law is used in litigation...I need a statute. 

Note please...I am not litigating this claim...I am litigating another claim...this is just a theory to respond to the government post. 

©The Times
July 13, 2007 
 


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