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Show Page 12 The UTAH INDEPENDENT January 18, 1973 The Paper That Dares To Take A Stand James Smith Sentenced By Judge Anderson Continued From Page Juik (d alt ife spWK) 1 Willful," and Fraudulent." He felt that much of his case hinged upon a correct understanding of those words. In his motion. Smith asked: . . . is it fraudulent for an indiidual to tell the Government that he is inflating a W-- 4 form, while it is not fraudulent for the Government to tell the people to do the same thing? Is false" restricted solely to an overstatement of exemptions or does it also apply an to understatement of exemptions? Does false" only mean untrue but when applied to a citizen when definition have another applied to Government?" Mr. Smith was referring to the fact that the Internal Revenue Service allows people to falsify withholding exemptions if they BOSCH UNIVERSAL MAGIC MILL ...only the rich could afford fine funerals But now at Colonial Mortuary, you can have a finer, more beautiful funeral anyone in number thus allowing the government to Withhold more tax money. He feels that if one is false, then the other is false also. Yet the Government is allowed to do it and individuals are not. Judge Andersons Instruction To Jury Aldon Judge without interpretation should be which the judge had previously read to the jury; that no granted. He said, The judge interpretation should be placed on granted me a subpeona to the IRS to give me the information for the administrative and staff manual The Law Is Constitutional pertaining to the W-- 4 Form and J udge Anderson answered: The jbe training manual for an I submitted the record will note your objection and intelligence agent. mtion and he granted the motion jhe Courts ruling with respect to 1 not but when submitted the subpeona that matter is that it is the me the theV wouldnt give only the responsibility, but the information. They presented the to U.S. the case Attorney who was in constitutionality ,1,. defending their position. When we t question preliminanly back int0 court judge - Anderson s instructions to the jury. His basic claim was that his constitutional rights were being violated by illegal actions of the Internal Revenue mstruct.onofthejury.andthatthis Service which operates under has already been done when you unconstitutional powers. In other made your motion to dismiss on words. Smiths basic defense was constitutional grounds: lhe the Constitution of the United Courts ruling on that has the effect States and his rights which come of determining that the statute is constitutional and it is not the under its protection. of the jury to In his instructions to the jury'. prerogative determine that question for the Judge Anderson said: You are I instructed that the statute under reasons that have stated. So far as you are concerned, which the defendant is charged was the law is enacted by Congress under its you must assume that constitutional and that all persons legislative powers. So far as you are are bound to comply w ith it. This is concerned, you must assume that a question of law and, as I have the law is constitutional and that to you, is within the ii are bound to comply explained provjnce of thc Court t0 decjde Ultb ,t- - " James Smith objected: 1 object Denied Information entered in here, to that part being Mr. Smith further complained I think that the . honor. your that the Constitution as it reads that he was denied information dmy."f!heCUr,ee.,,. mj information A. JENKINS LYNN 2842 So. 2475 East S.L.C., Utah 84109 Telephone 466-353- had -- necessary. Up to this point, Mr. Smith has acted as his own attorney which, he figures, would have cost him S5.000 in attorney's fees. Because of the expense, most people would not enter into litigation of this type lor principles sake. However, Mr. Smith feels he will get this . straightened lit in the courts once "i forall. Call For Free Appraisals I Trades Welcome J 487-549- 6 ! REAL ESTATE CONSULTANT 5 ,ed me he WE PAY CASH I FOR YOUR EQUITIES MULTIPLE LISTING SERVICE Robert Sweeten J which Smith's case is now up for appeal. He claims that he will appeal it all the way to the Supreme Court if it becomes - For Information concerning a demonstration or Dealership, call your Salt Lake Distributor: iousy ' - 1326 South 900 East, S.L.C., Utah poooooooooooooooooeooooooooooooooooooooooooooooooooooooo5o8R83SSUB68DOC8300S5BSlCr Subscribe for friends today. $6.00 for a full year the Rennaisance ever dreamed of - want to claim less than their actual and at prices within the reach of everv family! 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