11 March 2017
By Li Chun Chen, reporter of GPDN from Los Angeles, California, United States.
On March 9, the Taichung High Administrative Court dismissed four civil cases, including the dismissal of a landmark case--the Tai Ji Men income tax. More than 100 Tai Ji Men dizi attending the court proceeding expressed their anger at the ruling. At 3:30 p.m., they congregated at the Taichung District Prosecutor's Office to press charges against the National Taxation Bureau for illegal taxation and against the three judges deciding the case for making a wrong judgment. The Tai Ji Men dizi shouted slogans such as “Abolish Administrative Courts” and “Justice is Dead” and were determined to take their case all the way to the Supreme Court. They said that they will present their petition to the Control Yuan to impeach the three judges and possibly take to the streets again. They requested President Tsai Ing-wen to implement law reform and transitional justice, uncover the truth, and resolve the endless tax issue that has been dragging on for two decades.
The unjust Tai Ji Men tax case has been a false case fabricated for political purposes from the very beginning. The red envelopes from Tai Ji Men dizi to their shifu, which were gifts, were falsely claimed as tuition fees by the National Taxation Bureau, which imposed unjustified tax bills on Tai Ji Men for six fiscal years. The same facts were presented to the Taipei High Administrative Court, which ruled in favor of Tai Ji Men. However, the ruling of the Taichung High Administrative Court went in a completely different direction; naturally, this is totally unacceptable to Tai Ji Men, and its members thus filed a lawsuit against the three judges Chiu-hua Lin, Chin-chang Chuang and Hsi-hsien Liu for ignoring evidence and making a wrong decision.
Lawyer and member of Tai Ji Men, Jui-chin Chiang mentioned that the criminal court cleared Tai Ji Men of all wrongful charges in July 2007 and determined that the red envelopes from Tai Ji Men dizi to their shifu were gifts; all of the 7401 written statements in response to an international investigation by the National Taxation Bureau of Taipei in 2011 also confirmed that the red envelopes from Tai Ji Men dizi to their shifu were indeed gifts. The National Taxation Bureau also admitted that Tai Ji Men is not a cram school; therefore, there is no tax issue involved. Nonetheless, the National Taxation Bureau continues to ignore the facts and violates the rule of evidence by illegally categorizing half of the 7401 statements as evidence of gifts and the other half as tuition fees. Even though seven witnesses were called by the judges in the Taichung High Administrative Court, the judges still made a wrong judgment completely against the testimony of the witnesses, who testified that the red envelopes to the shifu were gifts.
The worldwide members of Tai Ji Men are incredibly furious at such a ruling and will pursue the case until the truth is revealed. Appeals will be made to the Control Yuan to impeach the three judges deciding the case. Tai Ji Men members said that they will take to the streets if necessary and demand President Tsai Ing-wen to realize transitional justice, disclose the truth, and terminate the illegal tax bills of two decades. Tai Ji Men dizi believe that truth will prevail, justice will be served, and the Supreme Administrative Court will prove Tai Ji Men's innocence.
---Facts confirmed by the government---
1. The nature of the red envelopes to the shifu is gift, and the fact remains the same.
2. After court hearings spanning 10 years and 7 months, the court of the third instance made a final ruling on July 13, 2007, confirming that Tai Ji Men was not guilty of fraud, tax evasion, or violation
of the Tax Collection Act, and the red envelopes to the shifu were also determined as gifts. All of the defendants were awarded state compensation in 2009. All these proved that the case was
unjust from the very start.
3. On March 4, 2002, the Control Yuan issued an investigation report “91 Yuan-Tai-Si-Tze No. 0912600349,” which detailed eight major violations of law by prosecutor Kuan-jen Hou for his handling of
the Tai Ji Men case. The findings were sent to the Ministry of Justice for it to take serious disciplinary action against the prosecutor.
4. On September 2, 2009, the Control Yuan issued an official document “98-Yuan-Tai-Tsai-Tze No. 0982200593,” which provided suggestions of corrective measures regarding seven major violations
of law by the National Taxation Bureau for its handling of the Tai Ji Men case.
5. The responses to a two-month public notice (Public Notice Tsai-Pei-Guo-Shu-Fa-Er-Tze No. 1000249751) posted by the National Taxation Bureau, following the resolution of a cross-ministerial
meeting convened by the Executive Yuan, show that all the red envelopes from Tai Ji Men dizi to their shifu were indeed gifts.