Gay Man Faces Prison Over DOMA IRS Protest

[WillParkinson]

(Washington) A gay man who has refused to pay his taxes for the past five years in a protest against the federal Defense of Marriage Act because it will not recognize his same-sex relationship is facing up to 15 years in prison.

The IRS this week charged millionaire Charles Merrill with tax evasion. His trial is set to begin November 17, 2008 at the U.S. Tax Court, in San Diego.

"I have no intention of paying Federal and State Income taxes because my same sex partner and I cannot be legally married and receive the same tax benefits as other married couples," Merrill said when he began his tax protest in 2004.

The 73-year old artist has been in a relationship with Kevin Boyle for 16 years.

The IRS says it is legally bound by the Federal Defense of Marriage Act to treat same-sex partners as single.

The maximum penalty for failing to file income tax is three-years in prison or a $25,000 fine for each year taxes were not file. The could mean Merrill would face 15-years behind bars if convicted.

http://www.365gay.com/Newscon08/06/061808tx.htm

[IntravenousDemilo]

1. What could the government do if every gay or lesbian citizen did exactly the same thing?

Good for Merrill and I hope he wins. No taxation without representation!

[Zuiderelle]

2. Wow. Good for him. 73 years old and willing to go to prison for what's right.

:applause:

I am in awe.

[TechBear_Seattle]

3. Is he and his partner legally married?

As I see it, that is the crux of the matter. If they were married in Massachussetts or Canada, then they can argue the case of discrimination on the grounds that the federal government recognizes other legally valid marriages from Mass. and Canada.

If they are not legally married, then, sadly, the IRS has him dead to rights.

[GreenPartyVoter]

4. I think you may be right. If they have a legit marriage certificate on file

with the gov't that surely has to be of some help in this case.

I wish he and his partner good luck in fighting this.

[madaboutharry]

5. This could end up as a landmark case.

This case may end up as important in legal history as Brown v. Board of Education.

I wish him the best.

[Q3JR4]

6. FYI....

According to his website, http://www.merrillcharles.com/index.html, you can contact him at [e-mail].

Q3JR4.

[closeupready]

7. I can totally respect that.

And I agree with him, that it IS discrimination, and the DOMA is a piece of crap legislation. I will never be able to get over that it was Bill Clinton who actually signed it! as opposed to just letting it default into federal law without his signature.

[Ian David]

8. What are the odds an artist would actually have enough money to owe taxes, anyway? n/t

[Ms. Toad]

9. Charles Merrill . . .

as in co-founder of Merrill Lynch. I think he has a buck or two.

[ThomCat]

10. I hope he can make this high enough profile to have an impact.

I doubt he'll win, even if he pursues this all the way to the supreme court. The court is too packed with neo-cons to side with him. :(

So the best hope is that this will generate some kind of public sympathy or ripple effect to help push us towards positiive changes.