While a federal judge dismissed Bowman of the charge of felony tax evasion, this initial case victory does not mean that he has won his entire court battle yet.
Daniel J. Pilla, a tax litigation specialist, expounded upon this in the National Review this week in an effort to correct the many news outlets that have “gone off the rails” with the story:
“Mike didn’t sue the federal government for the legal right not to pay taxes. Nor, for that matter, was the case a civil suit against Mike to collect the taxes. Rather, the federal government charged Mike with crimes. They accused him of felony tax evasion under code §7201 and four misdemeanor counts of willful failure to file tax returns under §7203. That is remarkably different from a civil lawsuit over whether one can be forced to fund abortion with one’s tax dollars if one is religiously opposed to such a practice.
In court Mike won on an important point. But the win had nothing to do with Mike’s underlying claim to a First Amendment right not to pay taxes so long as the government’s spending offends his religious beliefs.”
Pilla added that Bowman still has four counts of ‘failure to file tax returns’ against him.
“Each count carries a potential penalty of up to one year in prison and a $25,000 fine,” he continued. “These are misdemeanor charges, not felonies, but they are nevertheless very serious.”
Pilla claims that Bowman’s anti-abortion sentiments are unlikely to be an adequate defense to get him acquitted of the charges.
It has not yet been disclosed when Bowman is scheduled to appear before the court again.
