From: Glenn Shaw (mpmutt@mtaofnj.us)
Date: Thu Oct 07 2004 - 09:38:06 PDT
Nice thoughts Bill but unfortunately it would probable not fly in court when
the prosecutor gets done with you. Also the ADA will be a young hot shot
federal prosecutor looking to make a name for himself by a new notch on his
gun. The last case I saw go through the defendant did get the case filed
with similar arguments as to what you raised. Cost him over 5000 dollars
for his attorney though. He had evaded about 100 bucks worth of taxes.
Sounded like a good deal to me ..... :( I would avoid this business.
Bad news.
Later
Glenn
-----Original Message-----
From: Bill Kealey [mailto:cwkealey@atlanticbb.net]
Sent: Thursday, October 07, 2004 11:32 AM
To: Military Vehicles Mailing List
Subject: Re: [MV] THANKS!!!!
Depending on the jurisdiction and quality of the law enforcement, judges and
attornys you should be able to beat this, I would think. Common sense (not
usually applicable in a court of law) would say that even if you owned the
truck and used it exclusively on a farm, never on the highway and it was
legal for you to use non taxed fuel that if you changed your mind one day
and switched to using the vehicle on tghe highway ... using taxed fuel you
should be able to make this understood to a judge. Hopefully the details
outlined above would be enough to keep you from getting to the point of
having to appear in court.
But, back to the real world ... I think that if you keep receipts for the
fuel purchased and miles driven in the truck you should be able to beat the
charges should they arise. As long as you can prove that you are not still
buying the untaxed fuel and using it from time to time.
You may have trouble convincint the authorities of your good intentions if
you continue to bounce back and forth with fuel fill ups saying that today
the truck is a farm truck so untaxed fuel can be used then tomorrow saying
it is being used on the highway so the fuel should be taxed that is being
used and the following day going back to untaxed.
Hope this seems reasonable.
Bill K.
----- Original Message -----
From: "Fred Martin" <mung@in-touch.net>
> Ed, heres a situation that needs an answer (in my mind)...lets say
> that you bought an M-35 from someone and he ran it on a farm and used
> the red dyed fuel...and they check you and find the tell-tale signs of
> it in your exhaust. Could you eliminate it from your exhaust by using
> a brush and scrubbing the carbon out? Just an interesting scenario.
> Fred Martin
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