David Champion

Background

David Champion claims to be an "independent businessman" and "paralegal," as well as a former U.S. Army Airborne Ranger.

Theories Advocated/Promoted

Champion's main arguments are that the federal income tax is limited by the Constitution to income earned through an "excise taxable activity," and that it is possible to become a "non-taxpayer" who is not subject to the income tax. He has also written that the 16th Amendment was not properly ratified, that "wages" is limited to government employees, persons working in federal possessions or territories, persons who have agreed to the income tax by executing a Form-4, and the earnings of nonresident aliens, and that the IRS cannot assess any tax against a person unless the person has filed an income tax return or a payor has filed an information return (such as a Form W-2 or a Form 1099) reporting income.

Books, Web Sites, Videos, and Organizations

Champion holds himself out as a "consultant" on tax law, and maintains a number of inter-related web sites to promote his ideas and services, including www.nontaxpayer.org, www.originalintent.org, www.davechampionshow.com, and www.americanradioshow.us. See also, www.davechampion.net.

Court Actions

Champion claims that he began investigating federal and state tax laws in 1993 after being "accosted" by the Internal Revenue Service. According to the public record, he filed a petition with the Tax Court pro se contesting notices of deficiencies for the years 1983 through 1990, but the petition was dismissed because it was not timely filed. David A. Champion v. Commissioner, Docket# 004777-96 (T.C. 8/20/1996). Apparently, the taxes were assessed, and the IRS began collection actions, because the IRS later requested, and received, two court orders to enter Champion's premises in order to effect levies for unpaid taxes. United States v. Champion, No. 2:97-cv-05842-DDP-Mc (U.S.D.C. C.D. Cal. 8/7/1997), and No. 2:97-cv-06243-DWW-CT (8/20/1997). Champion then filed a petition in federal court seeking to enjoin the IRS and the return of the property seized, but the petition was dismissed for lack of subject matter jurisdiction. David A. Champion v. United States, No. 2:97-cv-04478-DDP-RC (U.S.D.C. C.D. Cal. 1/15/1998), appeal dismissed for failure to prosecute, No. 97-56332 (9th Cir. 12/15/1997). (The appellate docket refers to "Champion Estate Trust and Transportation Institute, a Trust," as an appellant, so it is possible that Champion had fallen for some kind of "pure trust" scam.) The lawyer who represented Champion in the District Court and on appeal, Elliott L. Aheroni, was disbarred in 2002 for embezzling client funds.

More recently, the government has been investigating whether Champion has been promoting an abusive tax scheme, as well as to investigate his own personal tax liabilities, and issued an administrative summons to Champion to appear to give testimony and produce records. Champion failed to appear and the government then filed a petition to enforce the summons. Champion filed a motion to dismiss the petition, claiming that there was a lack of subject-matter jurisdiction, a lack of personal jurisdiction, insufficient process, insufficient service of process, and a failure to state a claim upon which relief can be granted. The court denied the motion and ordered Champion to appear before the IRS to give testimony and to produce the records requested by the IRS. United States v. David Champion, No. 2:08-cv-01629-PA-JWJ (U.S.D.C. C.D. Cal. 4/30/2008). When Champion failed to appear within the time allowed, the government moved to have him held in civil contempt, and that motion is still pending. Champion also appealed to the 9th Circuit Court of Appeals, No. 08-55883, and that appeal is still pending.

Students/Disciples/Associates

Champion has apparently worked with the "We the People Foundation" run by Robert Schulz.

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