Some historical and global examples of tax resistance →
religious groups and the religious perspective →
Restored Israel of Yahweh →
Joseph Donato
On I wrote about the legal troubles of the tax-resisting Christian group The Restored Israel of YAHWEH and how there was a hint that the judge might try to resolve the case by allowing for a sort of back-door “peace tax fund.”
At least one of the defendants has decided to appeal.
Another is considering taking a vow of poverty so as to legally avoid future federal taxation (including the payroll tax).
There’s a new issue of NWTRCC’s More Than a Paycheck out.
Included in this issue are addresses where you can write letters of support to imprisoned war tax resisters Joseph Donato and Kevin McKee, and a profile of war tax resister Stanley Bohn.
Also out now is the War Resisters League’s new newsletter — WIN, which replaces the Nonviolent Activist.
Of special interest to the NWTRCC crew will be its lead article this issue on “Building an Intergenerational Movement” — something that’s also been at the front of the NWTRCC agenda lately.
The Philadelphia Inquirer has a good profile today of war tax resisters Kevin McKee, Joseph Donato, and Inge Donato.
The three — members of a small group called the Restored Israel of YAHWEH, which was founded by conscientious objector and war tax resister Leo Volpe — are among a very select group of war tax resisters who have actually done time for their convictions.
Two are still in prison.
The Donatos and McKees have no idea what they will do once the men finish their sentences.
The construction company has been dissolved; they don’t plan to restart it.
Then there’s the issue of the back taxes that still have to be paid.
They petitioned the IRS to pay the $300,000 into a victim/witness fund, instead of the general treasury, but they were denied.
The ruling is part of an appeal, but a higher court is unlikely to change it.
The only legal way to avoid paying taxes, [National Campaign for a Peace Tax Fund executive director Alan] Gamble said, is to live below the poverty line.
McKee and Joseph Donato both said they would rather work and make a living, but they weren’t eager to pay taxes in the future.
“If they’re going to force me to pay, I won’t pay,” McKee said.
“If the consequences are coming back here, I will.”
Bobby Smith at Buzzsaw Haircut takes a gander at the Ithica War Tax Resisters and quotes resisters Pete Meyers, Mary Loehr, Laurie Konwinski, Ruth Benn, Peter Goldberger, and Joe Donato.
Excerpts:
Pete Meyers, a member of Ithaca’s War Tax Resistors, said there are many ethical and personally fulfilling benefits to resisting federal war taxes that go beyond the monetary opposition.
“Having done this for eighteen years, it’s not so much whether it’s denying the military money, but what it has done for me.
And it has been profound.”
Meyers, like many war tax resistors, calculates what he owes to the government and funnels the money to philanthropic organizations.
“If I give my money directly to people who need it, I can avoid going through a big government bureaucracy,” he said.
As I noted , a judge overturned most of the convictions of the members of the Restored Israel of Yahweh who had been prosecuted for their war tax resistance and convicted in .
, they were resentenced on the remaining counts.
Attorney Peter Goldberger filed a report, which I excerpt below:
Joe Donato, Inge Donato and Kevin McKee were re-sentenced… following the appellate reversal of twelve counts of employment tax evasion with which they had been charged, and the appellate ruling that Inge was also innocent of the two counts of alleged failure to file personal income tax returns for which the jury convicted her (as she had no taxable income in those years).
There is more good news than bad.
Prior to resentencing, the government elected to dismiss the overturned counts, rather than conduct a retrial.
Unfortunately, because the Third Circuit appeals court affirmed all three defendants’ convictions for conspiracy to defraud the United States in relation to those same employment taxes, they all ended up convicted of a felony, which in turn supported reimposition of almost the same sentences as originally.
All received new prison sentences of the time they had already served following their original sentencings in — 6 months for Inge, 27 months for Joe, and 24 months for Kevin.
Although, incredibly, the prosecutor… asked that they be given longer prison terms, the judge gave that thought no consideration at all.
However, Judge Simandle did reimpose the same fines ($50,000 on Inge, $5,000 on Joe, and $4,000 on Kevin), all of which had already been paid by their religious society.
On the bright side, however — and most important — the judge modified the terms of all three defendants’ post-incarceration supervised release… which runs for 3 years from their respective release dates.
First, even though they are all now “convicted felons,” the judge ruled they can freely associate with one another, which would normally be prohibited.
Second, for the express purpose of “accommodating” their religious beliefs, the judge changed the standard requirement of “regular gainful employment” to allow Joe and Kevin to substitute charitable or community service for paid employment, so they can keep their income below the taxable level while under supervision and thus avoid a further conflict with the government.
(Inge is disabled from working, so that wasn’t a problem for her.)
Most gratifying, the judge clarified and modified the original special condition that they “fully cooperate with the IRS by filing all returns and paying current and delinquent taxes” to say instead that they must file all delinquent and current returns, to the extent required by law, going back 10 years — but he dropped the specification that they have to pay, so far as the court’s conditions are concerned.
That, he expressly left to the IRS and its ordinary administrative remedies.
This is what we had requested, and it removed our greatest worry.
The RIOY defendants have reconsidered where they draw the line, and are now willing to file, although still not to pay.
(The judge actually suggested they consider paying the non-military percentage of their taxes, which he speculated would be “more than 50%.”
I didn’t offer him a pie chart.)
The judge came very close to terminating Inge’s supervision entirely as of today, but in the end deferred that until the returns are filed.
All three defendants gave very moving statements to the judge prior to sentencing.… All in all, it was not a bad day; we got about 85–90% of what we were hoping for.
It is very unlikely there would be any further appeal.
