http://www.cnn.com/2007/US/09/27/imm...ney/index.html
I personally don't know enough of US tax laws to clearly understand why he's being treated like this, but it certainly doesn't sound fair.
MIAMI, Florida (CNN) -- For 11 years, Pedro Zapeta, an illegal immigrant from Guatemala, lived his version of the American dream in Stuart, Florida: washing dishes and living frugally to bring money back to his home country.
Two years ago, Zapeta was ready to return to Guatemala, so he carried a duffel bag filled with $59,000 -- all the cash he had scrimped and saved over the years -- to the Fort Lauderdale-Hollywood International Airport.
But when Zapeta tried to go through airport security, an officer spotted the money in the bag and called U.S. customs officials.
"They asked me how much money I had," Zapeta recalled, speaking to CNN in Spanish.
He told the customs officials $59,000. At that point, U.S. customs seized his money, setting off a two-year struggle for Zapeta to get it back.
Zapeta, who speaks no English, said he didn't know he was running afoul of U.S. law by failing to declare he was carrying more than $10,000 with him. Anyone entering or leaving the country with more than $10,000 has to fill out a one-page form declaring the money to U.S. customs. Officials initially accused Zapeta of being a courier for the drug trade, but they dropped the allegation once he produced pay stubs from restaurants where he had worked. Zapeta earned $5.50 an hour at most of the places where he washed dishes. When he learned to do more, he got a 25-cent raise.
After customs officials seized the money, they turned Zapeta over to the Immigration and Naturalization Service. The INS released him but began deportation proceedings. For two years, Zapeta has had two attorneys working pro bono: one on his immigration case, the other trying to get his money back.
"They are treating me like a criminal when all I am is a working man," he said.
Zapeta's story became public last year on CNN and in The Palm Beach Post newspaper, prompting well-wishers to give him nearly $10,000 -- money that now sits in a trust.
Robert Gershman, one of Zapeta's attorneys, said federal prosecutors later offered his client a deal: He could take $10,000 of the original cash seized, plus $9,000 in donations as long as he didn't talk publicly and left the country immediately.
Zapeta said, "No." He wanted all his money. He'd earned it, he said.
Now, according to Gershman, the Internal Revenue Service wants access to the donated cash to cover taxes on the donations and on the money Zapeta made as a dishwasher. Zapeta admits he never paid taxes.
CNN contacted the U.S. Attorneys office in Miami, U.S. Customs and the IRS about Zapeta's case. They all declined to comment.
Marisol Zequeira, an immigration lawyer, said illegal immigrants such as Zapeta have few options when dealing with the U.S. government.
"When you are poor, uneducated and illegal, your avenues are cut," he said.
On Wednesday, Zapeta went to immigration court and got more bad news. The judge gave the dishwasher until the end of January to leave the country on his own. He's unlikely to see a penny of his money.
"I am desperate," Zapeta said. "I no longer feel good about this country."
Zapeta said his goal in coming to the United States was to make enough money to buy land in his mountain village and build a home for his mother and sisters. He sent no money back to Guatemala over the years, he said, and planned to bring it all home at once.
At Wednesday's hearing, Zapeta was given official status in the United States -- voluntary departure -- and a signed order from a judge. For the first time, he can work legally in the U.S.
By the end of January, Zapeta may be able to earn enough money to pay for a one-way ticket home so the U.S. government, which seized his $59,000, doesn't have to do so.
On the other hand, it is true the man never paid taxes... but I mean, come on! 11 years working a 5,50 an hour job and he manages to save 59,000 and they take ALL of it away? that seriously has got to hurt.
Anyone have any thoughts on this?
The article lists at least three or four laws that he broke, he is a criminal. I can sympathize with him trying to make money for his family, but the blatant disregard for the law and the plain old stupidity kind of offsets that."They are treating me like a criminal when all I am is a working man," he said.
Sure, but he didn't murder someone. It's bull they're trying to take more than a fair share.
that's the kind of that would make me go on a rampage.
One thing I don't understand: it said he was able to produce pay stubs. If you have a pay stub, you should be having taxes withheld, right? If they're just paying you cash there would be no records.
ex makes a damn good point!
let the bas fill out the form and give the illegal his damn money back!
this part just pisses me off. So the IRS is trying to collect the taxes he never paid from the money donated to him to compensate for the 59,000 the IRS already took from him?...Now, according to Gershman, the Internal Revenue Service wants access to the donated cash to cover taxes on the donations and on the money Zapeta made as a dishwasher. Zapeta admits he never paid taxes.
I hope they use protection at least
On one hand you have to feel for the guy to save that much money and have it all taken away.
On the other hand, the rest of us have our paychecks cut to shreds with all the taxes they take out, why not him? A sympathetic story does not make a person exempt from the same laws that the rest of us have to abide by. Because he's here illegally then he should be able to commit crimes and it's okay?
No, the IRS should take out what they would have taken out had he paid taxes, he pays a fine (as any other tax evader would), gets the money donated to him and is deported. That's fair.
technically, legally, one does not HAVE to pay income taxes. But he did commit a crime, not a $68,000 crime, but hey why would the government stop at just ing their own citizens?
agreed, he should get his 59,000 back minus the taxes and the fine. The money donated to him is his to take as well I think.
I agree.
And they also need to go after the employer whom I'm sure owes back payroll taxes big time. I'm really surprised they gave him a pay stub if they weren't taking out taxes.
He isnt exempt from local, state and federal income taxes. One could argue whether the income tax is even legal, but that isnt the point.
We all pay them, he should too. If he didnt, his situation should be scrutinized by the IRS, they calculate how much he owes (well over half, btw), take it, send him on his merry way.
What theyre trying to do is wrong. Corporations save billions upon billions a year avoiding taxes in sleezy ways. You dont see the IRS going after them, for obvious reasons. So instead, they make up that shortfall as much as they can by going after you, me and Mr. Zapeta apparently. Obviously, our pittance doesnt add up to even 1% of the total loss from big business, but the IRS sure does pick the battles they can win.
They cant win against Exxon/WorldCom/Johnson&Johnson/etc because they cant those companies as royally as they can the working man. So who would you target?
I believe that the IRS should take the money owed to them and fine him. To take all of it and the donations??? That is just wrong. This man actually worked for 11 years. He didn't live on the street and take handouts. He actually got up in the morning and came home late at night from working. What a load of crap!!!
you all are judging the fate of this man's hard earned dishwashing cash while you steal it posting on the internet all day?! give the mexican his gotdam loot!
Was that supposed to make sense?
BTW, in case reading is too difficult for you, Mr. Zapeta isnt Mexican.
Its not that. I think he should have gotten all of it, but he got busted by US Customs. He then got reported to the IRS, which wants their money. By law he has to pay them. I think he should and then go home with whats left and the donated $10000. I feel bad for him and think its wrong, but he got busted.
puertoricans get upset if you call them mexican.
i don't think guatemalans give a ...
Honestly, I have no idea one way or the other. Just stating the fact that he isnt Mexican.
puertoricans get upset if you call them mexican.
i don't think guatemalans give a ...
pay taxes?? that, do you think the guy that hired him payed taxes???
if that's the big deal give him back 2 thirds of the money and send his ass back. get this over with. ing dramaqueen US courts.
I guess logic would be too much to ask. this pisses me off
I can't wait for T Park to get a look at this story.
correct this might be bad news for the company that he worked for
like you wouldn't correct them if someone called you Canadian
puertoricans get upset if you call them mexican.
i don't think guatemalans give a ...
It's sad what happend to the guy, but he should have been more careful.
The thing is, if you claim enough dependants, you end up having no taxes withheld. Only the 7.45% SS and Medicare deductions and what ever minor deductions take place in Florida too.
To get the job, he had to furnish a phony social security number. That is ID theft. There are cases where retired or disabled people’s social security numbers get used. They end up having their benefits reduced because they show a active work record. It takes years for them to get this fixed sometimes if they have enough money to get a lawyer! Then how much do they lose paying the lawyer?
Illegal is illegal. I sympathize for the man in many ways, but we cannot allow our hearts to negate the immigration and work laws.
I don't think many restaurants ask for a social security number from their dishwasher. A lot of my friends from out of country illegally worked restaurant and valet parking jobs in college, and were never asked to produce a SS#.
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