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Xref: cantaloupe.srv.cs.cmu.edu misc.legal:59948 talk.politics.misc:176853 alt.conspiracy:21369 alt.activism:42362 Path: cantaloupe.srv.cs.cmu.edu!das-news.harvard.edu!ogicse!usenet.coe.montana.edu!news.u.washington.edu!stein2.u.washington.edu!tzs From: tzs@stein2.u.washington.edu (Tim Smith) Newsgroups: misc.legal,talk.politics.misc,alt.conspiracy,alt.activism Subject: Re: "Winning" Tax Case! Message-ID: <1pqi26INNl8j@shelley.u.washington.edu> Date: 6 Apr 93 00:15:02 GMT Article-I.D.: shelley.1pqi26INNl8j References: <1993Apr4.233419.5919@midway.uchicago.edu> <765445d3219144t87@infoserv.com> <5APR199316063313@oregon.uoregon.edu> Distribution: world Organization: University of Washington School of Law, Class of '95 NNTP-Posting-Host: stein2.u.washington.edu dreitman@oregon.uoregon.edu (Daniel R. Reitman, Attorney to Be) writes: >Which makes it legally unsound. If I were representing Mr. Teel, >I'd try a procedural approach if I could find one, or recommend >he plea-bargain. He's setting himself up to be in hot water. Indeed. Reading the cases of people who've tried the various things Mr. Teel suggests show that defendants fall into two classes: (1) those who win on procedural grounds or some grounds not related to their claim, and (2) those who lose. Consider Newman v. Schiff, 778 F.2d 460 (8th Cir.1985), which I've seen cited by tax protestors other than Mr. Teel as a win for Mr. Schiff. Mr. Schiff offered $100,000 on TV to anyone who would call in the show and cite any section of the Internal Revenue Code that says that an individual has to file a return. Mr. Newman took him up on it. Mr. Newman had seen the show in a rebroadcast the next morning. Mr. Schiff claimed that the offer only extended to people who actually say the original broadcast, and so there was no offer for Mr. Newman to accept, and so no unilateral contract was formed, and so Mr. Schiff did not have to pay $100,000. Mr. Schiff was correct, and so won. So, yes, Mr. Schiff won against a claim on the $100,000 reward. However, his win had nothing to do with the tax code. --Tim Smith
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