United States v. David N. Wilder

Good Law
680 F.2d 59·1982 U.S. App. LEXIS 18545
United States Court of Appeals for the Ninth CircuitJune 22, 198281-1510California810 words

Opinion

Opinion

Following oral argument, we ordered that the judgment be affirmed and that an opinion would follow.

This appeal is frivolous. An admitted tax protester, Wilder refused to report his 1975 income on the ground that U. S. currency is not based upon a gold or silver standard. Evidence at trial showed he deliberately relied on the usual “tax protester strategies” to avoid paying income taxes.

Early in the proceedings, he failed to obtain an attorney and, when offered appointed counsel, he returned the financial affidavit form with “5th Amendment” objections inserted in spaces where income was to be reported.

He refused to plead. He filed a barrage of frivolous pretrial motions, and from their denial took an interlocutory appeal which was dismissed for lack of jurisdiction.

The trial was twice continued, and when he was denied an additional 60-day continuance, he petitioned this court for a writ of mandamus, which was denied as frivolous.

On the first day of trial, he approached and questioned a juror. This resulted in delay, an inquiry of the juror, and in revocation of Wilder’s bail.

He delayed the present appeal by failing to timely designate and order the reporter’s…

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