Posted on 10/23/2003 11:20:29 PM PDT by JohnHuang2
The "tax honesty" organization spearheading legal action against the federal government for its failure to answer a "petition for redress of grievances" regarding the income tax is moving into the second phase of its class-action suit.
We the People says its attorney, Mark Lane, has developed his "plan of attack" for filing the next round of court documents in the suit. The legal action takes the government to task for the failure of either the executive or legislative branch to address the 537 questions about the validity of the federal income tax posed by WTP's petition. (Note: Adobe Acrobat required to view this document.)
Activists of the "tax honesty" movement, in which WTP is a leading voice, believe the federal government lacks any legal jurisdiction to enforce the income tax, that there is no law that requires Americans to pay the tax, and that the tax is enforced in a manner that violates the U.S. Constitution.
Said WTP chief Bob Schulz in a statement: "The plan Mr. Lane has recommended consists of a two-pronged approach to enforcing the redress of our grievances: 1) a class-action lawsuit to be filed in the U.S. District Court; and 2) a claim to be filed in the federal Court of Claims.
"Both actions will be filed at the same time with a request to one court to stay the proceedings there, pending the results of the other action, but to grant the request for injunctive relief. The injunctive relief sought will protect all litigants, (direct plaintiffs and all class members) from any and all civil and criminal tax-enforcement actions, including all non-tax related legal actions that are in nature retaliatory against plaintiffs, their businesses and/or family members."
We the People says participants in the legal action have been targeted by the IRS.
While the legal action seeks answers to the hundreds of questions in the petition, it also hopes to secure the right of litigants to retain their taxes owed if the government does not provide those answers, "that is," said Schultz, "the people's right to 'starve the servant' if the servant government is taking over the house."
Schulz says the class-action complaint in U.S. District Court will be tried before a jury. The Court of Claims filing seeks monetary damages to "cover all costs of all plaintiffs in the class who have had to defend themselves against the IRS retaliatory actions and the costs in bringing forth our lawsuit."
WTP expects the legal costs of this phase to be $285,000 and is soliciting donations to pay for them. The complaints will not be filed until the entire amount is raised, according to the group's website. The grass-roots organization also hopes to raise $500,000 to launch a public-information campaign to publicize the lawsuit.
Said Schulz: "It is time to shame and intimidate these oppressive men that lead our nation. It is time to shame them into honorable and just modes of governing our affairs. We must stand firm against arbitrary alterations of constitutionally enumerated powers and constitutionally guaranteed individual rights."
Schulz contends the response the courts will have to the petition for redress will send a powerful message about the people's "sovereignty over servant government."
"Should the courts dismiss our claim, the U.S. government will, by definition, be inviting Americans to resort to extraordinary means in defense of their rights and freedom. Is this moment in history distinguishable from the events leading up to our Founding Fathers' frustrated encounters with King George?" Schulz asks.
"Stay well and stay vigilant," Schulz concludes in his statement to WTP members. "The end is about to begin."
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