- -6 In the case at bar, Mr. Gaumer testified that his study of Defendant's Exhibit A--a book that purports to tell the reader "[w]hy you are not legally required to file tax returns"--led him to do further research to verify the author's claims that people like himself had no such obligation. This research led him to Exhibits B through E, consisting of photocopies of Brushaber v. Union Pacific R.R. Co., 240 U.S. 1, 36 S.Ct. 236, 60 L.Ed. 493 (1916), Flint v. Stone Tracy, 220 U.S. 107, 31 S.Ct. 342, 55 L.Ed. 389 (1911), Stanton v. Baltic Mining Co., 240 U.S. 103, 36 S.Ct. 278, 60 L.Ed. 546 (1916), and pages 2578-81 of the Congressional Record of March 27, 1943. Gaumer testified that he learned from Brushaber and the Congressional Record excerpt that income taxes are excise taxes. * * * As a legal matter, the exhibits do not validate Mr. Gaumer's views. As a factual matter, however, we think a jury might have discerned a nexus between these materials and Mr. Gaumer's stated belief that he was not required to file income tax returns. Brushaber and the Congressional Record excerpt do indeed state that for constitutional purposes, the income tax is an excise tax. This statement is reiterated in Stanton, and Flint discusses the scope of the term "excise tax" in a way that could conceivably be thought to provide some comfort to a person in defendant Gaumer's station. Mr. Gaumer should therefore have been allowed to present the contents of the exhibits to the jury to the extent that the material was relevant. Clearly, the case of United States v. Gaumer, supra, does not support petitioner's position in the present case, since it is stated therein that the cases of Stanton v. Baltic Mining Co., supra, and Brushaber v. Union Pac. R.R., supra, on which petitioner relies in the instant case, as a legal matter, do not validate the views that a taxpayer is not required to file income tax returns because an income tax is an excise tax. The Court's holding merely was that the evidence should have been permitted to be introduced in connection with the issue of whether thePage: Previous 1 2 3 4 5 6 7 8 9 Next
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