Wesley, What Were You Thinking?

Wesley Snipes, the popular action star of the "Blade" trilogy and other successful movies has been sentenced to three years hard time for "willfully failing to file [tax] returns," according to the Associated Press. After more than ten years of persistently resisting compliance with the tax code, Snipes apparently had a change of heart just before his sentencing hearing. In court, the actor handed over three checks totaling a cool $5 million. Prosecutors, despite being utterly flabbergasted, nevertheless asked U.S. District Judge William Terrell Hodges to impose maximum sentences. The judge agreed, citing Snipes' "history of contempt over a period of time" for U.S. tax laws, reported the AP. Wesley's lawyers are planning an appeal.

Big-time actors, with the notable exception of Sean Penn, must have at least average intelligence. Assuming Snipes can read, a casual perusal of Wikipedia reveals tax protester's absolute failure to challenge the government's right to tax income. When you have a minute, Google “tax laws unconstitutional” and select the Wikipedia link. You’ll discover the tax protesters never win. Government lawyers are pitching a shutout. The majority of efforts to challenge the government's authority to tax have been summarily dismissed, and none -- zero, zip, nada -- have made it to first base. So, I'm wondering, what would cause the millionaire Wesley Snipes to throw in with a bunch of losers, risking decades in jail? Had Snipes been convicted of any of the several felonies he was charged with, his sentenced could have reached 15 years.

Perhaps Wesley put a little too much faith in the Biblical account of David and Goliath. Citizens who challenge our government's tax laws, zoning regulations, permitting processes, etc. often quixotically view their struggle in terms of the ancient world's most famous battle. They might be up against a behemoth, but as David killed Goliath, removing his head in the process, tax protesters believe they can out-duel the world's most powerful entity, the Federal Government of the United States of America. In case you are contemplating your own tax rebellion, a review of David's battle with the giant is in order.

Contrary to popular belief, the cards were stacked against Goliath from the get go. First and foremost, God was on David's side, for Pete's sake. That magnificent advantage is not available for tax protesters as God was banished from American courtrooms some time ago. Worse, if there is a god in court, it's the judge, as in U.S. Federal Judge! Case closed.

David had superior weaponry. Just like our Abrams tanks can start killing enemy tanks before enemy tankers can even see our guys, David's sling had much greater range than Goliath's spear, I don't care how strong the big guy was. Goliath took a stone to the forehead before the bell rang for round 1.

David was much more maneuverable than Goliath. The big man carried all those heavy weapons, wore armor that would slow down Rosie O'Donnell, and probably couldn't get out of the way of an ice flow. On the other hand, David's lightweight tunic was perfect for lightning dashes, and we know he could dance at least as well as Cool J. Goliath was a formidable opponent in a phone booth, but the fight took place in a huge open space perfectly suited to David's skills. Scratch one giant.

Unfortunately, none of David's advantages carry over to the tax protester. The government holds all the cards. Having made the rules and picked the judge, the Feds also have unlimited resources -- your tax dollars -- and all the heavy weapons. In case you think I jest, here's what happened to noted tax resisters Ed and Elaine Brown just last year. After being convicted for not paying taxes, the Feds paid the Brown's a visit. The Concord Monitor provided this chilling account:

"U.S. Marshals and local police brought up armored cars, SWAT teams and an explosives disposal unit. Planes flew overhead, heavily armed police officers guarded roadblocks, and phone lines were cut. But despite the heavy police presence, marshals said they did not come...to arrest [the Browns].

"Instead, U.S. Marshall Stephen Monier said police were in the area to do surveillance on Ed Brown and his supporters while an IRS criminal investigation unit seized a building the couple own 10 miles away."

That amount of firepower would have wiped out Goliath, David, and both their armies in mere minutes. And here is the real bottom line in case you want to go toe to toe with Uncle Sam over taxes. The Constitution is clear about the government's right to tax income, which explains why most lawsuits challenging the government's tax authority are dismissed as legally frivolous. Here's the first paragraph of Article 1, Section 8 of our Constitution:

"The Congress shall have the Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States..."

In case that doesn't seal it for you, here's the XVI Amendment, ratified February 13, 1913:

"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."

As reported on C-Span April 4, 1995, "According to House of Representatives testimony, government at all levels, including regulation, costs Americans 53% of their income." No one is more outraged over such confiscatory tyranny than I am, but going the way of Wesley Snipes is just plain foolish. As has been the case from the beginning, only the active involvement of average Americans can curtail government's insatiable appetite for money and power. We must elect fiscally conservative candidates and hold them accountable. We must fight tooth and nail to squeeze our bloated government back into its proper Constitutional confines. And above all, Americans across the political, economic, and social spectrums must once again assume primary responsibility for our own incomes, benefits, educations, and destinies.

A revival of limited government and personal responsibility is the only way out of the nightmare of excessive taxation and menacing government. Keep that in mind this November. In the meantime, let the insight of Will Rogers help you look on the bright side. Rogers mused, "It is a good thing that we do not get as much government as we pay for."