[Congressional Record Volume 141, Number 97 (Wednesday, June 14, 1995)]
[House]
[Page H5907]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 NEW YORK BAR ASSOCIATION OPPOSES CHANGING BURDEN OF PROOF IN TAX CASE

  (Mr. TRAFICANT asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks.)
  Mr. TRAFICANT. Mr. Speaker, the New York State Bar Association has 
come out against H.R. 390. They are against changing the burden of 
proof in a tax case. The New York State Bar Association says taxpayers 
should remain guilty and prove themselves innocent.
  That is really no surprise. Bar associations oppose it. IRS 
commissioners oppose it. IRS agents oppose it. Many lawyers oppose it. 
The only real support my bill has is 95 percent of the American people, 
the most widely supported bill in the country.
  Mr. Speaker, I think it is time that we tell the bar associations and 
the IRS to shove their opinions up their cash cows. It is time to 
change the burden of proof in a tax case. They can in fact document 
those admissions they make on our tax form in the administrative 
process, but when it gets into court, the foundation of our 
Constitution is you are innocent until proven guilty and, damn it, a 
taxpayer should be treated like everybody else.

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