United States v. Ronald E. Latham, 754 F.2d 747 (7th Cir. 1985). · Go Syfert
United States v. Ronald E. Latham, 754 F.2d 747 (7th Cir. 1985). Cases Citing This Book View Copy Cite
“it is obvious that within the context of the word 'includes' is a term of enlargement not of limitation, and the reference to certain entities or categories is not intended to exclude all others.”
94 citation events (51 in the last 25 years) across 23 distinct courts.
Strongest positive: United States v. Maier (ilnd, 2019-03-28)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Maier (2×) also: Cited "see"
N.D. Ill. · 2019 · quote attribution · 1 verbatim quote · confidence high
latham's instruction which indicated that ... the category of employee does not include privately employed wage earners is a preposterous reading of the statute.
discussed Cited as authority (verbatim quote) United States v. Lynch
W.D. Pa. · 2017 · quote attribution · 1 verbatim quote · confidence high
the word 'includes' expands, not limits, the definition of "person
discussed Cited as authority (verbatim quote) NEAL D. SWANSON v. AMERICAN AIRLINES INC
unknown court · signal: see · quote attribution · 1 verbatim quote · confidence high
it is obvious that within the context of the word 'includes' is a term of enlargement not of limitation, and the reference to certain entities or categories is not intended to exclude all others.
discussed Cited as authority (quoted) Batsch v. Comm'r
Tax Ct. · 2016 · quote attribution · 1 verbatim quote · confidence low
inane" and "preposterous
discussed Cited as authority (quoted) Bennett v. Comm'r
Tax Ct. · 2014 · quote attribution · 1 verbatim quote · confidence low
inane" and "preposterous
cited Cited as authority (rule) Albert Mark Fonda
Tax Ct. · 2025 · confidence medium
(CCH) at 1201 (citing United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985)).
cited Cited as authority (rule) Albert Mark Fonda
Tax Ct. · 2025 · confidence medium
(CCH) at 1201 (citing United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985)).
discussed Cited as authority (rule) Bernard D. Holland
Tax Ct. · 2021 · confidence medium
See sec. 7491(c). 2 See Taliaferro v. Freeman, 595 F. App’x 961, 962-963 (11th Cir. 2014) (calling the section 3401(c) argument “frivolous” and “meritless”); Montero v. Commissioner, 354 F. App’x 173, 175 (5th Cir. 2009) (calling it “frivolous” and a “tax-protester argument[]”); Sullivan v. United States, 788 F.2d 813, 815 (1st Cir. 1986) (calling it “meritless”); United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985) (calling it a “preposterous reading of the statute”); see also Crain v. Com- missioner, 737 F.2d 1417, 1417-1418 (5th Cir. 1984) (calling the juri…
discussed Cited as authority (rule) Brad and Christine Francis v. Director of Revenue
Mo. Ct. App. · 2021 · confidence medium
See, e.g., Parker v. Comm'r, 724 F.2d 469, 471-72 (5th Cir. 1984) (refuting allegation that "the income tax is an excise tax applicable only against special privileges" and finding Congress empowered to levy income tax against any source of income); United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985) (finding taxpayer's argument that the IRC category of "employee" would "not include privately employed wage earners" a "preposterous reading of the statute").
discussed Cited as authority (rule) Jamillah Kamillah Muhammad
Tax Ct. · 2021 · confidence medium
See Taliaferro v. Freeman, 595 F. App’x 961 , -9- [*9] 962-963 (11th Cir. 2014) (per curiam) (calling the argument “frivolous” and “meritless”); Montero v. Commissioner, 354 F. App’x 173, 175 (5th Cir. 2009) (per curiam) (calling it “frivolous” and a “tax-protester argument[]”); Sullivan v. United States, 788 F.2d 813, 815 (1st Cir. 1986) (per curiam) (calling it “meritless”); United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985) (calling it a “preposterous reading of the statute”).
discussed Cited as authority (rule) Kehmeier v. Atlas Air, Inc.
S.D.N.Y. · 2021 · confidence medium
Nov. 30, 2020) (noting it is well-settled “privately-employed workers are employees” under the IRC) (collecting cases); United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985) (argument that “under 26 U.S.C. § 3401 (c) the category of ‘employee’ does not include privately employed wage earners is a preposterous reading of the statute”). 5 Because the Court lacks subject matter jurisdiction, it need not reach the merits of plaintiff’s claims.
discussed Cited as authority (rule) MANENTE v. BLUEMEL
D.N.J. · 2020 · confidence medium
See United States v. Connor, 898 F.2d 942, 944 (3d Cir. 1990) (“Every court which has ever considered the issue has unequivocally rejected the argument that wages are not income.”); United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985) ([Plaintiff’s argument] that under 26 U.S.C. § 3401 (c) the category of ‘employee’ does not include privately employed wage earners is a preposterous reading of the statute.”); United States v. Hendrickson, Case No. 06-11753, 2007 WL 2385071 , at *3, *4 (E.D.
discussed Cited as authority (rule) Stable Investments Partnership v. Thomas Vilsack (2×) also: Cited "see"
7th Cir. · 2015 · confidence medium
See Samantar v. Yousuf, 560 U.S. 305 , 317 & n. 10, 130 S.Ct. 2278 , 2287 & n. 10, 176 L.Ed.2d 1047 (2010); United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985).
discussed Cited as authority (rule) Finkel v. Polichuk (In re Polichuk)
Bankr. E.D. Pa. · 2014 · confidence medium
Tax P & P § 8.04[2] (“The Service is not required to assess a tax in order to collect it because assessments do not create tax liabilities; they merely reflect tax liabilities.”) (citing Bull v. U.S., 295 U.S. 247, 260 , 55 S.Ct. 695 , 79 L.Ed. 1421 (1935)); see also United States v. Siceloff, 451 Fed.Appx. 183 , 186-87 n. 1 (3d Cir.2011) (nonprecedential) (“Courts of appeals that have considered the issue in similar contexts unanimously agree that a tax assessment is not a prerequisite to liability.”); United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985) (finding that lower cour…
discussed Cited as authority (rule) United States v. Kalmar Gronvall
7th Cir. · 2014 · confidence medium
See United States v. Sloan, 939 F.2d 499, 500-01 (7th Cir.1991); Coleman v. Comm’r of Internal Revenue, 791 F.2d 68, 70 (7th Cir.1986); United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985); Lovell v. United States, 755 F.2d 517, 519 (7th Cir. 1984); United States v. Drachenberg, 623 F.3d 122, 124-25 (2d Cir.2010); United States v. Beale, 574 F.3d 512 , 519 n. 3 (8th Cir.2009).
discussed Cited as authority (rule) Bert v. Comptroller of the Treasury
Md. Ct. Spec. App. · 2013 · confidence medium
See Sullivan v. United States, 788 F.2d 813, 815 (1st Cir.1986) (contention that taxpayer was not an “employee” is meritless, section 3401(c) does not limit withholding to the persons listed therein); United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985) (under section 3401(c), the category of “employee” includes privately employed wage earners; the word “includes” is a term of enlargement not of limitation, and the reference to certain entities or categories is not intended to exclude all others); Pabon v. Commissioner, T.C.
cited Cited as authority (rule) United States v. Peter Hendrickson
6th Cir. · 2012 · confidence medium
See 26 U.S.C. § 3401 (a), (c); Sullivan v. United States, 788 F.2d 813, 815 (1st Cir.1986); United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Wesselman
7th Cir. · 2010 · confidence medium
But this argument disputes his tax liability, not the foreclosure remedy, and anyway has been rejected as “preposterous.” United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985); see United States v. Beale, 574 F.3d 512 , 518 n. 3 (8th Cir.2009); Parker v. Comm’r, 724 F.2d 469, 471-72 (5th Cir.1984).
discussed Cited as authority (rule) United States v. Herman Wesselman
7th Cir. · 2010 · confidence medium
But this argument disputes his tax liability, not the foreclosure remedy, and anyway has been rejected as “preposterous.” United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985); see United States v. Beale, 574 F.3d 512 , 518 n.3 (8th Cir. 2009); Parker v. Comm’r, 724 F.2d 469 , 471‐72 (5th Cir. 1984).
discussed Cited as authority (rule) David Nelson v. United States
11th Cir. · 2010 · confidence medium
See, e.g., Sullivan v. United States, 788 F.2d 813, 815 (1st Cir.1986) (rejecting plaintiffs argument that he received no “wages” because he was not an “employee” under § 3401(c), reasoning that § 3401(c) “does not purport to limit withholding to the persons listed therein,” and noting that § 3401(c) concerns income tax withholding); United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985) (upholding district court’s refusal to give jury instruction that “under 26 U.S.C. § 3401 (c) the category of ‘employee’ does not include privately employed wage earners,” noting t…
discussed Cited as authority (rule) Richard Walbaum v. Commissioner of IRS
8th Cir. · 2010 · confidence medium
We further conclude that the tax court was not required to shift the burden of proof regarding the deficiencies to the Commissioner, see Scherping v. Comm’r, 747 F.2d 478, 480 (8th Cir.1984) (per curiam) (in deficiency actions Commissioner’s determination is presumed correct, and petitioner bears burden to prove otherwise); see also 26 U.S.C. § 7491 (a) (describing circumstances where burden shifts), and that the tax-protestor arguments raised by Walbaum are frivolous, see United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993) (per curiam) (we have rejected, on numerous occasions, ta…
cited Cited as authority (rule) United States v. Hendrickson
E.D. Mich. · 2009 · confidence medium
In United States v. Latham, 754 F.2d 747, 749 (7th Cir.1985), for instance, the defendant was convicted of willful failure to file income tax returns and filing false W-4 statements.
discussed Cited as authority (rule) United States v. Pansier
7th Cir. · 2009 · confidence medium
We do not measure reasonable promptness by a mathematically precise standard, Pedroza, 269 F.3d at 830-31 , but we have previously held that the standard was met when a trial court decided four motions in fifty-one days, id.; seven motions in forty-two days, Tibboel, 753 F.2d at 612 , eight motions in sixty-eight days, United States v. Latham, 754 F.2d 747, 753 (7th Cir.1985); and twenty-four motions in fifty days, Cheek, 3 F.3d at 1067 .
discussed Cited as authority (rule) United States v. Gary Pansier
7th Cir. · 2009 · confidence medium
We do not measure reasonable promptness by a mathe- matically precise standard, Pedroza, 269 F.3d at 830-31 , but we have previously held that the standard was met when a trial court decided four motions in fifty-one days, id.; seven motions in forty-two days, Tibboel, 753 F.2d at 612 , eight motions in sixty-eight days, United States v. Latham, 14 No. 07-3771 754 F.2d 747, 753 (7th Cir. 1985); and twenty-four motions in fifty days, Cheek, 3 F.3d at 1067 .
discussed Cited as authority (rule) United States v. Beale
8th Cir. · 2009 · confidence medium
For instance, Beale's argument that he is not a "person” subject to the tax laws as defined in 26 U.S.C. § 7343 was rejected in United States v. Rice, 659 F.2d 524, 528 (Former 5th Cir. 1981); his argument that under 26 U.S.C. § 3401 "employee” includes only federal wage earners was squarely dismissed in United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985) (stating that under section 3401(c) the argument that "the category of 'employee' does not include privately employed wage earners is a preposterous reading of the statute”); and, for the coup de grace, his scheme of United Stat…
discussed Cited as authority (rule) United States v. Robert B. Beale
8th Cir. · 2009 · confidence medium
Furthermore, Beale’s interpretations of the federal tax statutes have been repeatedly rejected by the federal courts.3 See United States v. Collorafi, 876 F.2d 303 , 305-06 3 For instance, Beale’s argument that he is not a “person” subject to the tax laws as defined in 26 U.S.C. § 7343 was rejected in United States v. Rice, 659 F.2d 524, 528 (Former 5th Cir. 1981); his argument that under 26 U.S.C. § 3401 “employee” includes only federal wage earners was squarely dismissed in United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985) (stating that under section 3401(c) the argume…
cited Cited as authority (rule) Roytburd v. Commonwealth
Pa. Commw. Ct. · 2008 · confidence medium
Thus, private wage earners such as Petitioner are included within the definition of "employee.” United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985). 6 .
discussed Cited as authority (rule) United States v. Lindsey
D. Kan. · 2007 · confidence medium
U.S. v. Pedroza, 269 F.3d 821, 830-31 (7th Cir.2001); U.S. v. Baskirir-Bey, 45 F.3d 200, 204 (7th Cir.) cert, denied, 514 U.S. 1089 , 115 S.Ct. 1809 , 131 L.Edüd 734 (1995); U.S. v. Cheek, 3 F.3d 1057, 1066-67 (7th Cir.1993) cert, denied, 510 U.S. 1112 , 114 S.Ct. 1055 , 127 L.Ed.2d 376 (1994); U.S. v. Latham, 754 F.2d 747, 752-53 (7th Cir.1985); U.S. v. Kraselnick, 702 F.Supp. 489, 491 (D.N.J. 1988).
discussed Cited as authority (rule) United States v. Pedroza, Juan
7th Cir. · 2001 · confidence medium
While the "reasonable promptness" standard is not susceptible to mathematically precise definition (and we specifically reject any mechanical standard such as 30 days per motion), we have found that trial courts have acted with reasonable promptness when they have taken 42 days to decide seven motions, United States v. Tibboel, 753 F.2d 608, 612 (7th Cir. 1985), 68 days to decide eight motions, United States v. Latham, 754 F.2d 747, 753 (7th Cir. 1985), and 50 days to decide 24 motions, United States v. Cheek, 3 F.3d 1057, 1066-67 (7th Cir. 1993).
discussed Cited as authority (rule) United States v. Juan Pedroza and Hilario Pedroza
7th Cir. · 2001 · confidence medium
While the “reasonable promptness” standard is not susceptible to mathematically precise definition (and we specifically reject any mechanical standard such as 30 days per motion), we have found that trial courts have acted with reasonable promptness when they have taken 42 days to decide seven motions, United States v. Tibboel, 753 F.2d 608, 612 (7th Cir.1985), 68 days to decide eight motions, United States v. Latham, 754 F.2d 747, 753 (7th Cir.1985), and 50 days to decide 24 motions, United States v. Cheek, 3 F.3d 1057, 1066-67 (7th Cir.1993).
discussed Cited as authority (rule) United States v. Robert Salerno
7th Cir. · 1997 · confidence medium
In that regard, we have reasoned that the Speedy Trial Act cannot compel a district court to decide numerous pretrial motions “within a short, fixed period of time,” and thus have held that “in a case of multiple pretrial motions the limitation is not 30 days, but reasonable promptness.” United States v. Tibboel, 753 F.2d 608, 612 (7th Cir.1985) (finding 42 days reasonable to consider 7 pretrial motions); see United States v. Cheek, 3 F.3d 1057, 1066-67 (7th Cir.1993) (finding 50-day delay reasonable for adjudicating 24 pretrial motions); United States v. Latham, 754 F.2d 747, 753 (7th…
discussed Cited as authority (rule) Goldston v. United States
10th Cir. · 1997 · confidence medium
See, e.g., Marvel, 719 F.2d at 1507 (assessment or notice of deficiency is not a prerequisite to the assertion of a tax liability here ); United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985) (assessment of income taxes owed is not a legal necessity for income tax liabili *1201 ty); Davis v. Columbia Constr.
discussed Cited as authority (rule) United States v. Washington
S.D.N.Y. · 1996 · confidence medium
However, the Internal Revenue Code imposes on the IRS no such requirement and instead requires individuals to pay taxes owed to the United States "without assessment or notice and demand from the Secretary." 26 U.S.C. § 6151 ; see also United *92 States v. Hogan, 861 F.2d 312, 315-16 (1st Cir.1988) ("In this case, where the government found a `tax due and owing,' no formal assessment was necessary."); United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985) (finding that the lower court did not err "in refusing to instruct the jury that an assessment under 26 U.S.C. § 6201 is a legal necess…
discussed Cited as authority (rule) United States v. Washington
S.D.N.Y. · 1996 · confidence medium
However, the Internal Revenue Code imposes on the IRS no such requirement and instead requires individuals to pay taxes owed to the United States “without assessment or notice and demand from the Secretary.” 26 U.S.C. § 6151 ; see also United States v. Hogan, 861 F.2d 312, 815-16 (1st Cir.1988) (“In this case, where the government found a ‘tax due and owing,’ no formal assessment was necessary.”); United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985) (finding that the lower court did not err “in refusing to instruct the jury that an assessment under 26 U.S.C. § 6201 is a le…
discussed Cited as authority (rule) Vines v. Internal Revenue Service (In Re Vines)
M.D. Fla. · 1996 · confidence medium
Stang v. Internal Revenue Serv., 788 F.2d 564 , 565-66 (9th Cir.1986) (holding the IRS’s power to assess was discretionary and that a taxpayer who failed to file returns could not compel the Service by mandamus to calculate his taxes and give him notice of assessment); United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985).
cited Cited as authority (rule) S.A. Healy Company v. Milwaukee Metropolitan Sewerage District
7th Cir. · 1995 · confidence medium
United States v. Edwards, 36 F.3d 639, 647 (7th Cir.1994); United States v. Latham, 754 F.2d 747, 750-51 (7th Cir.1985).
discussed Cited as authority (rule) In Re White
Bankr. D. Conn. · 1994 · confidence medium
Stang v. Internal Revenue Serv., 788 F.2d 564 , 565-66 (9th Cir.1986) (a taxpayer who failed to file his returns could not compel the Service by mandamus to calculate his taxes and give him notice of assessment; the Service’s power to assess is discretionary); United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985).
cited Cited as authority (rule) Fingers v. United States (In Re Fingers)
Bankr. S.D. Cal. · 1993 · confidence medium
See Bull v. United States, 295 U.S. 247, 259 , 55 S.Ct. 695, 699 , 79 L.Ed. 1421 (1935); United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985); Jenkins v. Smith, 99 F.2d 827 (2d Cir.1938).
discussed Cited as authority (rule) United States v. John L. Cheek
7th Cir. · 1989 · confidence medium
Buckner, 830 F.2d at 103-04 ; United States v. Latham, 754 F.2d 747, 750-51 (7th Cir.1985); Moore, 627 F.2d at 833 . 2 *1269 The original instructions in this case were incomplete and misleading, but the addition of the supplemental instructions gave the jury a correct statement of the law in this circuit.
discussed Cited as authority (rule) United States v. Donald W. Dawes and Phyllis C. Dawes
10th Cir. · 1989 · confidence medium
United States v. Tedder, 787 F.2d at 542 ; United States v. Studley, 783 F.2d 934, 937 (9th Cir.1986); United States v. Latham, 754 F.2d 747, 749 (7th Cir.1985); United States v, Spurgeon, 671 F.2d 1198, 1199 (8th Cir.1982).
discussed Cited as authority (rule) People v. Wendt
Ill. App. Ct. · 1989 · confidence medium
(See, e.g., Coleman v. Commissioner of Internal Revenue (7th Cir. 1986), 791 F.2d 68, 70 (“The code imposes a tax on all income. [Citation.] Wages are income, and the tax on wages is constitutional”); Lovell v. United States (7th Cir. 1984), 755 F.2d 517, 519 (“All individuals, natural or unnatural, must pay federal income tax on their wages, regardless of whether they received any ‘privileges’ from the government. *** [Plaintiffs’ assertion that money received in compensation for labor is not taxable has been rejected by numerous courts”); United States v. Latham (7th Cir. 1985)…
cited Cited as authority (rule) United States v. Joseph J. Birkenstock
7th Cir. · 1987 · confidence medium
United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985); United States v. Koliboski, Til F.2d 1328, 1331 n. 2 (7th Cir.1984). 5 .
discussed Cited as authority (rule) United States v. Olatunji Abayomi
7th Cir. · 1987 · confidence medium
“A district court has broad discretion when assessing the admissibility of proffered evidence and we may reverse its rulings only after we are convinced that the court abused its discretion.” United States v. Latham, 754 F.2d 747, 751 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Salim Fakhoury
7th Cir. · 1987 · confidence medium
We first note that a trial judge has “ ‘broad discretion when assessing the admissibility of proffered evidence’ and may be reversed only upon a showing of abuse of discretion.” United States v. Buishas, 791 F.2d 1310, 1313 (7th Cir.1986) (quoting United States v. Latham, 754 F.2d 747, 751 (7th Cir.1985)).
discussed Cited as authority (rule) United States v. William H. Wilson, Jr.
1st Cir. · 1986 · confidence medium
Thus, while the same standard of relevance must be applied to both parties by the trial court, United States v. Latham, 754 F.2d 747, 751 (7th Cir.1985), it does not follow that because one party meets its burden the other is excused.
cited Cited as authority (rule) United States v. John M. Buishas, Charles R. Gies and William J. Michael
7th Cir. · 1986 · confidence medium
United States v. Latham, 754 F.2d 747, 751 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Thomas N. Moore
7th Cir. · 1986 · confidence medium
See United States v. Davis, 772 F.2d 1339, 1343 (7th Cir.), cert. denied, — U.S. —, 106 S.Ct. 603 , 88 L.Ed.2d 581 (1985); United States v. Harris, 761 F.2d 394, 398 (7th Cir.1985); United States v. Latham, 754 F.2d 747, 751 (7th Cir.1985).
cited Cited as authority (rule) United States v. Kenneth M. Tedder
10th Cir. · 1986 · confidence medium
United States v. Latham, 754 F.2d 747, 749 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Gerald Davis
7th Cir. · 1985 · confidence medium
United States v. Latham, 754 F.2d 747, 751 (7th Cir.1985); United States v. Brown, 688 F.2d 1112, 1115 (7th Cir.1982); United States v. West, 670 F.2d 675, 682 (7th Cir.), cert. denied, 457 U.S. 1124 & 1139, 102 S.Ct. 2944 & 2972, 73 L.Ed.2d 1340 & 1359 (1982).
discussed Cited "see" MacCubbin v. CIR
10th Cir. · 2025 · signal: see · confidence high
See United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985) (“[The assertion] that under 26 U.S.C. § 3401 (c) the category of ‘employee’ does not include privately employed wage earners is a preposterous reading of the statute.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Ronald E. LATHAM, Defendant-Appellant
83-2686.
Court of Appeals for the Seventh Circuit.
Feb 4, 1985.
754 F.2d 747
Thomas J. Scorza, Asst. U.S. Atty., Chicago, 111., for plaintiff-appellee., Andrew B. Spiegel, Chicago, 111., for defendant-appellant.
Cummings, Coffey, Campbell.
Cited by 75 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 76%
Citer courts: U.S. Tax Court (2)
COFFEY, Circuit Judge.

The defendant, Ronald E. Latham, appeals his conviction for willful failure to file income tax returns and for filing false W-4 statements in violation of 26 U.S.C. §§ 7203 and 7205, respectively. We affirm.

I.

On December 13, 1982, the defendant was charged in a six-count indictment with failure to file income tax returns for the calendar years 1980 and 1981, in violation of 26 U.S.C. § 7203, and with filing false W-4 statements on four separate occasions during the years 1980, 1981, and 1982, in violation of 26 U.S.C. § 7205. The defendant was convicted by a jury on all counts and sentenced by the district court to two concurrent one-year terms to be followed by a five-year probationary period; however, the sentence was stayed pending this appeal.

On appeal, Latham challenges his conviction on five grounds. He claims that (1) the district court lacked jurisdiction over his prosecution under 18 U.S.C. § 3231 since jurisdiction under that statute is limited to offenses defined in Title 18 only; (2) the special grand jury that indicted him exceeded its authority since it was empowered to investigate organized crime activities only; (3) the district court erred when it improperly instructed the jury and abused its discretion when it refused the theory of law he proffered as a defense instruction; (4) the district court abused its discretion in excluding certain evidence offered by the defendant; and (5) his rights under the Speedy Trial Act were violated, 18 U.S.C. § 3161 et seq.

II.

A. Issues controlled by Koliboski.

The first three issues raised by the defendant relating to jurisdiction, grand jury powers, and the jury instructions, are controlled by our recent decision in United States v. Koliboski, 732 F.2d 1328 (7th Cir.1984). The defendant in Koliboski was indicted on similar charges by the same grand jury that indicted this defendant. As in this case, Koliboski argued that the district court was without subject matter jurisdiction under 18 U.S.C. § 3231. We rejected Koliboski’s claim as “silly,” holding that Title 26 violations are offenses against the laws of the United States and thus are clearly within federal district court jurisdiction under § 3231. [1] Id. at 1329. Thus, the defendant’s claim of lack of jurisdiction is similarly dismissed as meritless.

Koliboski further resolves Latham’s claim that a special grand jury can investigate only organized crime activities. In Koliboski we held that special grand juries are not restricted in their scope to investigating organized crime only. Id. at 1330 (“Special grand juries have broad investigative powers. Section 3332(a) directs these grand juries to ‘inquire into offenses against the criminal laws of the United States alleged to have been committed within that district.’ ... The legislative[*750] history confirms the breadth of the general mandate bestowed by this section. These grand juries are not restricted to investigating only organized crime activities.”). Thus, based upon our holding in Koliboski the special grand jury which indicted Latham did not exceed its authority.

The Koliboski decision also disposes of two of Latham’s other claims with regard to improper jury instructions. Latham contends that the district court improperly refused his instruction defining “income” as distinct from “gross income.” This instruction was intended to enforce his claim that he in good faith believed that wages are not income for taxation purposes. As we stated in Koliboski, a claim of this nature is without merit. Id. at 1329 n. 1. Latham’s wages were and are income; thus, his proposed jury instruction was a misstatement of the law and the district court properly refused to adopt the same in the instructions.

Latham argues also that the district court erred in refusing to instruct the jury that in order for a violation of the tax laws to be “willful” the violation must be the product of a “bad purpose.” The district court’s instruction correctly paraphrased the “voluntary, intentional violation of a known legal obligation” jury instruction that we approved in Koliboski and United States v. Moore, 627 F.2d 830 (7th Cir.1980). The Supreme Court in United States v. Pomponio, 429 U.S. 10, 97 S.Ct. 22, 50 L.Ed.2d 12 (1976), held this instruction to be the proper definition of willfulness in a prosecution for violations of the Tax Code. No further “bad purpose” instruction is required. See Koliboski, 732 F.2d at 1331 n. 2.

The other jury instructions proffered by the defendant are equally inane. Thus we hold that the district court did not err in refusing the other instruction offered by Latham implying that 26 U.S.C. § 7343 defining “person” does not include natural persons. [2] Similarly, Latham’s instruction which indicated that under 26 U.S.C. § 3401(c) the category of “employee” does not include privately employed wage earners is a preposterous reading of the statute. It is obvious that within the context of both statutes the word “includes” is a term of enlargement not of limitation, and the reference to certain entities or categories is not intended to exclude all others.

Latham also contends that the court erred in refusing to instruct the jury that an assessment under 26 U.S.C. § 6201 is a legal necessity before an individual can have an income tax liability. Latham’s theory is that if there was no assessment, there can be no income tax liability and thus he cannot be found to have filed false W-4 forms since there was no tax liability in the preceding year. But an assessment under § 6201 is an administrative determination that a certain amount is currently due and owing as a tax with consequences somewhat similar to the reduction of a claim to judgment. Cohen v. Gross, 316 F.2d 521, 522-23 (3d Cir.1963). The exempt status requirement of a tax liability in the preceding year does not support Latham’s novel and ridiculous theory that there must have been an IRS determination in that year of tax due on income earned when (as here) the taxpayer failed to file a return. Latham cannot place himself in the exempt category in 1981 simply by failing to file a return in 1980.

Finally, Latham alleges that by failing to present his “theory of defense” instructions to the jury the district court committed reversible error. [3] This claim is[*751] likewise without merit. The judge’s instructions to the jury are to embody a proper statement of the relevant law, not a continuation of counsel’s closing argument. Our reading of the record convinces us that the district court’s jury instructions were proper as to the relevant defenses. Latham’s theory of defense instructions were nothing more than a summary of the evidence he presented at trial relating to his defenses and were properly refused.

B. Exclusion of evidence.

Latham also claims that the district court’s evidentiary rulings, denying the admission of certain defense evidence, deprived him of a fair trial because the court failed to apply “the same standard of relevance to Latham as it did to the government.” Defendant’s brief at 21. Because the district court allowed the prosecution to offer into evidence income tax returns which Latham had filed in 1976, 1977, and 1978, in order that they might establish that he acted willfully in 1980, 1981, and 1982, Latham argues that fairness required the district court also to admit all the exhibits he offered in evidence. These exhibits consisted of the complete text of various writings, as well as letters Latham received from the attorney for the Belanco religious order, a legal defense fund for tax protesters that Latham had joined. Latham claimed he had relied upon the exhibits in arriving at his misunderstanding of his duties under the Tax Code.

A district court has broad discretion when assessing the admissibility of proffered evidence and we may reverse its rulings only after we are convinced that the court abused its discretion. United States v. Brown, 688 F.2d 1112, 1115 (7th Cir.1982). While Latham properly states that the same standard of relevance must be applied to both parties (United States v. Parker, 447 F.2d 826 (7th Cir.1971)), our examination of the excluded exhibits and the trial record in the instant case convinces us that the same standard of relevance was uniformly and equally applied to both Latham’s and the government’s proffered evidence.

As to the letters Latham received from the Belanco religious group attorney, the district court properly noted that the letters were received subsequent to Latham’s indictment by the grand jury, and thus were irrelevant as to the questions of notice and willfulness. On the other hand, Latham’s earlier tax forms preceded the dates of his violations and thus were relevant in determining Latham’s intent in failing to file tax returns for the years 1980 and 1981.

As to the excluded writings, the trial judge admitted into evidence only those portions of the writings that Latham quoted during his testimony since those were the portions that specifically addressed claiming exempt status on W-4 forms and the taxpayer’s duty to file tax returns — the relevant issues at trial. Latham’s contention that the complete text of each book had to be admitted because he relied on everything in the books in formulating his state of mind is without merit since the excluded portions of the text concern general criticisms of the tax system, including questions as to its constitutionality. As this court has continually noted, a good faith disagreement with the tax laws or a good faith belief that they are unconstitutional are not defenses. See, e.g., United States v. Moore, 627 F.2d 830, 833 n. 1 (7th Cir.1980). Because portions of these texts contained only general criticisms of the Tax Code and did not relate to the charges facing the defendant, they were by definition irrelevant to the case at bar. Moreover, the trial judge has broad discretionary powers and, thus, may exclude exhibits of slight probative value where, as here, they might very well have confused or misled the jury. See Fed.R. Civ.P. Rule 403. Thus, allowing the trial court the wide latitude of discretion proper to a determination of relevancy, we hold that the court did not abuse its discretion in excluding the entire texts from consideration by the jury.

[*752] C. Speedy Trial.

The only meritorious argument presented by the petitioner concerns his assertion that the Speedy Trial Act was violated. The Speedy Trial Act allows 70 days to elapse between the date of arraignment and the date of trial, in addition to the time that is excluded from the computation of delay under 18 U.S.C. § 3161(h). Needless to say, the Speedy Trial Act was inartfully drafted and, thus, has confronted our circuit and others with perplexing problems in its interpretations and application. The issue presented in this case is whether § 3161(h)(l)(J) and (F) should be read together to provide a 30-day maximum exclusion from the 30-day limit where more than one pre-trial motion is filed by the defendant.

The defendant contends that since his trial did not commence within the time required in the Speedy Trial Act this case must be dismissed. He first appeared in court on December 21, 1982 and his trial began on July 12, 1983, 203 days later. Under the defendant’s calculation, subtracting out the excludable time, the total non-excludable days to trial were 92. The government makes the same calculation; however, it arrives at a total of 48 non-excludable days to trial, well within the 70-day limit.

Although there is a disagreement between the parties as to the number of days to be excluded between the time of arraignment on December 21, 1982 and the date of filing the first set of pre-trial motions on January 10, 1983, [4] the determinafive period is the 68 days from March 11, 1983, the date on which the final briefs were filed on Latham’s 8 pre-trial motions, to May 18, 1983, the date when the final disposition of the motions by the trial court was made. Latham argues that under 18 U.S.C. § 3161(h)(l)(J) only 30 of those 68 days are excludable:

“(h) The following periods of delay shall be excluded in computing the time within which an information or an indictment may be filed, or in computing the time within which the trial of any offense must commence:
(1) any period of delay resulting from other proceedings concerning the defendant, including but not limited to—
(J) delay reasonably attributable to any period, not to exceed 30 days, during which any proceeding concerning the defendant is actually under advisement by the court.”

The government, however, contends that subsection (J) does not limit the period of advisement to 30 days where there are multiple motions. It argues that the controlling section of § 3161 is subsection (1)(F):

“(F) Delay resulting from any pre-trial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of such motion.”

Thus, the government argues that the 30-day limit of subsection (J) does not apply to subsection (F) and the entire 68 days used[*753] by the trial court in considering and deciding defendant’s motions is excludable time. We hold that the government’s calculation under the Speedy Trial Act is the proper one and, thus, we affirm the decision of the district court denying the defendant’s motion to dismiss.

Recently this court addressed the issue of the calculation of time under the Speedy Trial Act where a defendant had filed multiple motions prior to trial. See United States v. Tibboel, 653 F.2d 608 (7th Cir.1985). We concluded that the 30-day limit in subsection (J) did not control subsection (F); rather, the governing standard was one of “reasonable promptness.” Id. at 611-12 citing United States v. Regilio, 669 F.2d 1169, 1172-73 (7th Cir.1981) (multiple pre-motions filed at same time) and United States v. Brim, 630 F.2d 1307, 1313 (8th Cir.1980) (multiple motions filed at different times prior to trial). In fact, we noted that there is less justification for applying the 30-day limit where multiple motions are filed at different times prior to trial. Id. at 611. [5]

In this case, the defendant filed two separate sets of motions with the court; one set (consisting of six motions) was filed on January 10th with briefing completed by January 31st, while two other motions were filed on February 18th with briefing completed on March 11th. The parties in this case argue that the determinative period is the 68 days from the completion of all briefing on March 11th to the date the district court decided all the motions on May 18th. Accepting these 68 days as the determinative period, if 30 days is considered to be a reasonable amount of time to decide one motion (see United States v. Janik, 723 F.2d 537, 543-44 (7th Cir.1983) where this court held that subsection (J)’s 30-day limit controls subsection (F) when one pre-trial motion is filed), then an additional 38 days to decide the eight motions in this case is both reasonable and proper. [6]

Since we hold that the defendant’s trial began within the 70 non-excludable days, the Speedy Trial Act was not violated. The decision of the district court is affirmed.

1

. 18 U.S.C. § 3231 provides:

"The district court of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States.
"Nothing in this title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof.”
2

. "The statute's provision was not intended to exclude individuals] or to limit the ordinary meaning of the term 'person' so as to exclude individuals or ‘natural persons’ ... from their responsibility to comply with the tax laws." United States v. Rice, 659 F.2d 524, 528 (5th Cir.1981).

3

. His “theory of defense” instructions were based upon (1) Latham’s testimony that he personally believed he had incurred no income tax liability for the years 1979 through 1982, and (2) his reliance upon so-called constitutional "tax experts” as a defense to the charge of willful failure to file a tax return.

4

. Recently, this court decided that the time allowed by the district court for preparation of motions and briefs is excludable under the Act when the district court judge has set a specific date for the preparation and submission of pretrial motions. See United States v. Tibboel, 753 F.2d 608, at 610-11 (7th Cir.1985)! In this case, the district court ordered all motions to be filed by January 4, 1983. Latham filed his motions on January 10, 1983. Consequently, the district court extended the government’s response time to January 20th and Latham's reply time to January 31st. Thus, the time period between December 22, 1982 and January 10, 1983 is excludable along with the briefing period from January 10th to January 31st. Latham also filed two motions on February 18th, the day of his status hearing. The district court allowed Latham two weeks to file his briefs; at Latham's request this period was extended to March 11, 1983. Therefore, the period from February 18th to March 11th is also excludable. The days that are definitely not excludable are the 23 days from May 19, 1983 to June 10, 1983, and 11 days from June 13, 1983 to June 24, 1983. The parties agree the three days between June 10th and June 13th are excludable due to the defendant filing a severance motion. The remaining 15 days from June 24, 1983 to July 12, 1983 are excludable due to the defendant's request for a continuance to accomodate his counsel’s trial schedule.

5

. Judge Posner stated: “Brim is an easier case than this for recognizing an exception to the 30-day requirement because the pre-trial motions had not been filed all at once, but instead seriatim, and for all that appears the last motion was decided within 30 days of its being filed____ It would be unreasonable to require judges to rule on a pre-trial motion within one day just because a previous motion had been filed with him 29 days earlier and not yet decided.” Tibboel, 753 F.2d 608, at 64.

6

. Even if we would consider February 1st as the day in which to begin counting for purposes of determining a reasonable exclusionary period under subsection (F), the additional 18 days, from February 1st to the 18th, would not change the results. The period from February 18th to March 11th would not be considered since this was additional motion and briefing time allowed by the district court. See supra, n. 4 and Tibboel, 753 F.2d 608, at 610-11.