Posted on: Thursday, December 30, 2004
Tax protester gets a year in jail
By Ken Kobayashi
Advertiser Courts Writer
A man who insists he's not obligated to pay state taxes was sentenced yesterday to a year in jail and warned that if he continues to refuse, he may have to serve another four years behind bars.
Circuit Judge Michael Wilson had indicated Souza might avoid incarceration if he was willing to recognize that he has to pay state taxes. Souza yesterday said he doesn't have Hawaiian blood, but he has studied court cases and Hawai'i history that include what he called the "theft of the Hawaiian monarchy."
"I believe I have no taxable income," he told Wilson.
The judge, however, told Souza his "personal moral crusade" of refusing to pay taxes has put his wife, children and grandchildren though sacrifices that include the pain of visiting him behind bars. "It is now time for you to make sacrifices for your family," the judge said.
Wilson said taxes financed Souza's public school education, his pay in Army and the Fire Department and partly the pension he gets. Souza doesn't have to like paying taxes, but should show "the courage to pay your taxes, even though you don't like it," Wilson said.
Wilson placed Souza on five years' probation on condition that he serve a year in jail. Souza must also pay $6,100 in restitution to the state at $200 a month.
The judge warned that if Souza refuses to pay taxes, his probation could be revoked and he will be resentenced to a maximum five-year prison term.
Wilson gave Souza credit for 82 days he spent behind bars in connection with his case.
Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.
John P. Souza, 66, a retired firefighter, was found guilty by a Circuit Court jury earlier this year of felony theft and false statement charges related to more than $6,000 in refunds based on his state tax returns in 1999 and 2000.
John P. Souza
