August/September 2007
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More than a paycheck NEWS FROM THE WAR TAX RESISTANCE MOVEMENT August 2007 J.Tony Serra, the War Tax Resisting Attorney by Ed Hedemann e’s been called one of the greatest began refusing to pay taxes as a protest to the Hcriminal defense lawyers of the 20th Vietnam War. He strongly identifies with the Hcentury. He’s also only one of two war 1960s counterculture and continues to be a tax resisters since World War II to have been regular pot smoker (“better a pot-head than an jailed for “willful failure to pay” federal income alcoholic,” the fate, he says, of many top trial taxes. Last March, Tony Serra was released after lawyers). He opposes capitalism, corpora- spending nine months in Lompoc Federal tions, private property, bank accounts, insur- Penitentiary in California. Twice before—in ance, voting, birth certificates, taxes, war, the 1974 and 1986—Serra had been convicted institution of marriage, and other systems that because of his war tax resistance. seek to subjugate the poor. He and his former There are hundreds of us who have been companion even gave their children “hippish” willfully refusing to pay our federal income names—Chime, Shelter, Ivory, Lilac, and taxes for war. Why him and not us? Or are we Wonder—as a creative rejection of more bor- next? In June he agreed to meet with Susan ing establishment names. Quinlan (Northern California WTR) and me Taking an “informal vow of poverty,” Serra so we could understand more about his deliberately lives on minimal income, avoids resistance and the government’s response. buying anything new, whether that be clothes, car, etc., lives in small apartment, and has Background sometimes resorted to a sleeping bag on the floor. “I have no fucking interest in ‘things.’” Forty-four years ago, not long after becom- ing a practicing attorney in California, Serra continued on page 7 Tony Serra. Photo by Ed Hedemann Peace Tax Fund–35 Years and Still At It he World Peace Tax Fund bill was first Council of Churches, historic peace churches, and faced inconsistent policy. J.E. McNeil, T introduced in Congress in 1972 and Sojourners/Call to Renewal, and Fellowship of Executive Director of the Center on Conscience coincided with the founding of the Reconciliation joined Representative John and War, presented the proposed Military CO National Campaign for a Peace Tax Fund Lewis in sponsoring a May 15 Legislative Act as a legislative accommodation, which (NCPTF). 2007 marks the 35th anniversary of Briefing, entitled “An Aspect of Religious would make fair the transition process for COs the lobbying and legislative effort to allow for Freedom: Conscience and the Military.” seeking military discharge. conscientious objection to paying for war, and After a powerful welcome by Representative Rev. Mel Schmidt and Tim Godshall shared the organization is celebrating with continued Lewis, panelists were heard on Conscientious their stories as COs to military taxation—what work—and a party too! Objection to Military Service and Conscien- led them to take the actions they did and the On May 15, in honor of International tious Objection to Military Taxation (COMT). consequences that resulted. Ruth Flower, Conscientious Objectors Day, over a dozen Ryan Sigley, Bill Galvin, and Andrew Gorby Legislative Director at Friends Committee on national organizations including the National related experiences as persons who filed as COs continued on page 3 National War Tax Resistance Coordinating Committee • P.O. Box 150553, Brooklyn, NY 11215 • (718)768-3420 • (800)269-7464 COUNSELING NOTES proceeds were applied to the taxpayer’s liability, but Practical Series Updates the required balance-due letter sent to the tax- #6: Organizational War Tax Resistance, Employers, payer did not show the correct new balance; and four Contractors, and Financial Institutions. It suddenly in which the name of the purchaser of the seized prop- came to our attention that we have not updated the erty was disclosed to the taxpayer.” information about employers and W-4’s in this book- let. It still states on page 15 that the employer must send forms to the IRS if an employee takes more than Good Luck with that CDP 10 allowances or claims exempt when earning more Researcher and Texas Tech Professor Bryan Camp than $200 per week. The IRS has rescinded this took a critical look at the IRS’s Collection Due Process More than a policy and now uses the W-2 reporting to make sure (CDP) program, which is a citizen’s first line of appeal taxpayers are not inflating allowances. Practical #1 has when the IRS starts its collection activity. Camp paycheck the correct information on this. reports: “My study of CDP’s structure, operation, and Editor #7: Healthy, “Wealthy,” and Wise: Aging and War of 976 court decisions issued between 2000 and 2007 Ruth Benn Tax Resistance. A recent visit by a WTR to a lawyer demonstrates that it has failed to fulfill its promise. Of the over 15 million collection decisions during the Production concerning making a will brought to light an interest- Rick Bickhart ing tidbit to add to this booklet. For WTRs who do not review period, courts have reviewed at most 3,000 have many assets and are able to make understandings and have reversed only 16. That is a reversal rate of Printing about one in a million.” Lakeside Printing with family and friends about any distributions after Cooperative death, it may be better to not have a will. Wills must go to court, and we all know who the #1 creditor is— Printed on Recycled Paper the IRS. Thus, in order to keep the government from Have Your Media taking any assets to help pay for war, it may be better More Than a Paycheck is a Strategy Ready to avoid creating a will. In addition, if a WTR has a bimonthly publication of the A recent report on IRS enforcement activity noted bank account or other property in their name, it is that the agency is putting a higher priority on getting National War Tax Resistance best to have a co-signer/owner. That way if the WTR Coordinating Committee, a press coverage for its individual tax prosecutions. should die, the property is in the other name, and it According to the report, “the overall publicity rate of clearinghouse and resource does not become available to creditors. 75.6 percent for prosecutions in FY 2006 was an all center for the conscientious –Ruth Benn time high.” The agency hopes that by doing this, it is war tax resistance “sending the message to taxpayers that violations of movement in the United Get a Receipt! the Internal Revenue Code and related financial States. NWTRCC is a The Treasury Inspector General for Tax Admini- crimes are being investigated and prosecuted.” coalition of local, regional stration (TIGTA) examined a random sample of 50 IRS While criminal prosecution of war tax resisters is and national affiliate groups seizures conducted between July 1, 2005, and June very rare, if you are prosecuted, you may want to see working on war tax 30, 2006 and found “seven in which expenses and if you can piggyback on the IRS efforts to generate related issues. proceeds resulting from seizures were not properly publicity for your case. –Thanks to Dave Gross for the previous three items NWTRCC sees poverty, racism, applied to the taxpayer’s account; six in which sales sexism, homophobia, economic exploitation, environmental destruction and militarization of law enforcement as integrally linked with the militarism Many Thanks Network Updates which we abhor.Through the redirection of our tax dollars, NWTRCC members contribute We are very grateful for these grants: Southeast region: directly to the struggle for Vermont Community Foundation, $5,000 to Georgia: new contact, affiliate, counselor: peace and justice for all. split between general support and the video project, Carol Coney, Atlanta Peace Taxpayers, Atlanta, www.vermontcf.org GA 30307, Email: [email protected] Subscriptions to A.J. Muste Memorial Institute, $1,800 for More Than a Paycheck Central Region: are $15 per year. the video project, www.ajmuste.org Iowa: new email for Iowa Peace Network: NWTRCC Thanks to these groups for their dues and support: [email protected] PO Box 150553 Philadelphia Yearly Meeting Conscience, Missouri: remove David Zarembka, St. Louis Brooklyn, NY 11215 Militarism, and War Tax Concerns Oregon Community for War Tax Resisters Oklahoma: new phone and email: OK Committee (718) 768-3420 Southern Arizona War Tax Resistance for COs, (405) 476-5620, [email protected] (800) 269-7464 War Resisters League National Office FAX: (718) 768-4388 New England War Tax Resistance West Coast: email: [email protected] Boulder War Tax Project, Rocky Mountain California: remove Chris Nelson, Chico Web: www.nwtrcc.org Peace and Justice Center Friends Meeting at Cambridge (MA) PAGE 2 More than a paycheck • August 2007 Peace Tax Fund continued from page 1 National Legislation (FCNL), explained the accommodation for sincere beliefs which is afforded in the Religious Freedom Peace Tax Fund bill (HR 1921). Party with John McCutcheon Legendary folksinger John McCutcheon headlined a concert at Philadelphia’s Arch Street United Methodist Church on May 20 to celebrate the 35th anniversary of NCPTF. The event was sponsored by its sister organization, the Peace Tax Foundation. The evening also Tim Godshall (L) and Ruth Flower listen to testimony of Rev. Mel Schmidt at the May 15 Congressional briefing. Photo by Alan Gamble included an annual membership meeting, potluck, stories, and a performance by comedy roper Telfair “Will Rogers” Cardaci. Everyone got a slice of the beautiful “for the sake of conscience”-decorated cake. Quakers Strengthen Commitment With this anniversary the campaign initiated the Franz-Bassett Light of Conscience Awards, by Karen Reixach dedicated to Marian and Delton Franz and David and Miyoko Bassett.