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Trohimovich v. Department of Labor And Industries

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eBook details

  • Title: Trohimovich v. Department of Labor And Industries
  • Author : Division Two Court of Appeals of Washington
  • Release Date : January 09, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

The Department of Labor and Industries (DLI) assessed industrial insurance taxes against Stanley J. Trohimovich. Trohimovich challenged the validity of the assessment at the Board of Industrial Insurance Appeals (BIIA), but does not challenge the amount of the assessment. Trohimovichs basic argument is that the seventeenth amendment to the United States Constitution, which provided for the popular election of senators, was ineffective because of deficiencies in the manner the amendment was proposed and ratified. Thus, he argues, all congressional acts since implementation of the Seventeenth Amendment are invalid. This includes Congresss act declaring paper money to be legal tender. He argues that because paper currency is invalid, the DLI cannot require Trohimovich to pay tax assessments in paper currency. Trohimovich takes this argument one step further and claims that the DLIs attempt to enforce a tax law that relies on an invalid congressional act is a violation of the constitution, and amounts to criminal profiteering, extortion, racketeering and Racketeer Influenced and Corrupt Organizations Act (RICO) violations. In addition, anyone involved in enforcing the tax laws is similarly violating the law. After these arguments were rejected by the BIIA and DLI, and an order entered approving the assessments, Trohimovich appealed to the Superior Court and appended a complaint to his notice of appeal asserting the above claims against the BIIA and DLI. Trohimovich appeals from the trial courts affirmance of the assessments and dismissal of his claim.


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