Posted on 01/30/2005 7:03:06 AM PST by patriot_wes
U.S. Court of Appeals Rules IRS Cannot Apply Force Against A Tax Payer Without A Court Order
Tax Payers Free To Ignore An IRS Summons
Queensbury, NY – On January 25, 2005, the U.S. Court of Appeals for the Second Circuit held that taxpayers cannot be compelled by the IRS to turn over personal and private property to the IRS, absent a federal court order.
Quoting from the decision (Schulz v. IRS, Case No. 04-0196-cv),
“...absent an effort to seek enforcement through a federal court, IRS summonses apply no force to taxpayers, and no consequence whatever can befall a taxpayer who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order…[a taxpayer] cannot be held in contempt, arrested, detained, or otherwise punished for refusing to comply with the original IRS summons, no matter the taxpayer's reasons, or lack of reasons for so complying.”
Without declaring those provisions of the Code unconstitutional on their face, the court, in effect, nullified key enforcement provisions of the Internal Revenue Code, stripping the IRS of much of its power to compel compliance with its administrative demands for personal and private property. The court characterized IRS summonses issued under Section 7602 as mere “requests.”
The court went on to say that the federal courts are there to protect taxpayers from an “overreaching” IRS, and that the IRS must go through the federal courts before force can be applied on anyone by the IRS to turn over personal and private property to the IRS.
Key Enforcement Provisions Of The Internal Revenue Code Nullified
The paragraphs above begin a press release that will be sent to thousands of media outlets and influential individuals across the nation over the next several days.
The evolution of this lawsuit, Schulz v. IRS, has played an integral role in the execution of the Right-to-Petition lawsuit strategy and may soon, after the conclusive and far-reaching decision of the Appellate Court, provide the legal basis necessary to finalize, and secure jurisdiction over the Internal Revenue Service and the Department of Justice to answer our claims of constitutional abuse.
In their decision in this case brought by WTP Chairman Bob Schulz, the court has expressly recognized that the IRS, as has been asserted in the Right-to-Petition lawsuit, routinely violates people's Due Process rights in their day-to-day administrative practices. As such, the findings of the Second Circuit firmly establish for the (D.C.) District Court the substance of the causes of action put forth in our Right-to-Petition lawsuit.
In the coming days, WTP Chairman Bob Schulz will make further statements about these unfolding events and detail our assertive plans to generate widespread public awareness of our efforts, and our success.
Your Support Needed
This legal milestone is proof-positive of the significant progress the Foundation is achieving in its coordinated, rational, and professionally executed attack on those that would infringe our Rights.
Other agencies have the power to issue administrative subpoenas. But, I thought it was understood that if someone refused to comply, the remedy was going to Federal Court to enforce the subpoena. I guess the IRS thought that was too much trouble.
Interesting posting. Seems to make sense. I'm interested in what others have to say about it. Tax protesters don't have the greatest record on winning victories in court. I'm always a little sceptical about self produced press releases like this. If accurate it's great news.
Best to keep complying ~ in any case if Congress finds the courts telling them this stuff has to go through a federal court first, then Congress will simply establish a federal court with the jurisdiction to have the stuff go through fast!
Not sure that would be any kind of victory ~ after all, today, if IRS seizes your stuff you can always plead to the federal court that they didn't follow "due process" (which means the administrative side of the process), so the court should hear your case, plus there is this, that and the other thing about the taxes the judge should also examine.
If the seizure issue goes first to a federal court, IRS is going to be in the driver's seat when it comes to getting a judge to examine the tax issue from a different angle.
Hard pressed taxpayers didn't necessarily win this one. Sounds more like something lawyers would like since billable hours in a federal court beat the heck out of billable hours talking tax liability to an examiner.
True, but it is a very powerful precedent. It can be cited in other Federal jurisdictions, and if they agree, it starts becoming the law of the land. If another jurisdiction disagrees, it must go to the U.S. Supreme Court. But as always, caution is the rule, and taxpayers must proceed warily until the rules are clearer in their own jurisdictions.
I'd say the problem was the failure of the DOJ lawyer to note there are already precedents for this ~ it's been through the courts before ~ several times.
I e-mailed this to my mother. My step-father really screwed up their taxes a few years back and with her being the sole supporter of the household, she's being pushed around by the IRS. Maybe this is something that can help her, I don't know.
I hate the IRS PERIOD! I don't mind paying my taxes - although since we don't have children, we get dinged pretty good for that. I try and get it so we don't owe, or owe little, or get a small amount back. I am not going to overpay them and then get it back without interest, since if you don't pay, the IRS demands interest.
And the abuses are rampant but our side is going to win. The truth about the whole illegality of the IRS system is coming out. The best sources of info are http://www.losthorizons.com/ and Bob Schulz' website. You'll have to do a google to find it because freerepublik sensors info about this fight. or email me wes@brainerd.net
And the abuses are rampant but our side is going to win. The truth about the whole illegality of the IRS system is coming out. The best sources of info are http://www.losthorizons.com/ and Bob Schulz' website. You'll have to do a google to find it because freerepublik sensors info about this fight. or email me wes@brainerd.net
And the abuses are rampant but our side is going to win. The truth about the whole illegality of the IRS system is coming out. The best sources of info are http://www.losthorizons.com/ and Bob Schulz' website. You'll have to do a google to find it because freerepublik sensors info about this fight. or email me wes@brainerd.net
You're probably right because I don't know of the other precedents. I'm just going on the posted one.
HAHAHAHAHAHAHAHAHAHAHAHAHA ROFLMAO
That's good.
We have thought crimes. I guess next will be reaction crimes.
People will start getting arrested for rolling their eyes, smirking, choking and of course puking in the presence of a sodomite.
More seriously, do you know what your blood sugar levels are and what have you done about it lately?
Maybe FR should change it's name to Democracy Continued? Meanwhile the best info is available here
http://www.losthorizons.com/Cracking_the_Code.htm
or email me wes@brainerd.net
I think most conservatives are agreed that the IRS is invasive. I think nearly all conservatives agree we give way too much money to the govnerment in taxes.
Where the FR leaders and many conservatives part company is in either wanting to or believing in lawsuits as the way forward to change this.
"Wanting to" because we have spent 30 years hating Roe v. Wade. Say what you will about the income tax it has a lot more Constitutional validity than R v. W. Do we really want to add to the overarchingly self-important judicial branch power by having them be in charge of taxes?
"Believing in" because what happens does take on force of law. So despite years of lawsuits claiming the IRS or Taxes are illegal in some fundamental way 200 million american taxpayers a year keep playing the game. So I guess that either THEY are all wrong and the 25 people circularly referencing each other are right.
Except the keep ending up in jail. Which does not mean they are wrong on a technical or moral level (after all Martin Luther King went to jail) but on a practical level their record is not so great.
However we will not give up our efforts in the courts to end this fraudulant system. There are now just too many people who have made themselves familiar with the Internal Revenue Code and the Supreme Court rulings regarding taxes.
They are the ones who during the American Revolution would have been the Patriots and not the British sympathisers. They are ordinary people who read truths like this.....
That “income”, “wages”, “self-employment income”, “employee”, “employer” and “trade or business”-- as these and certain other terms are used within, and in regard to, the tax law-- have narrow legal meanings exclusively involving, and applying to, certain privileged activities, such as holding or administering a government office, or working in one.
We understand that the tax laws are legal and correct but millions, yes millions have now read the "code" and it just does not say what millions of IRS employees, H&R Block employees, Turbo Tax employees, tax accountants, tax attorneys, etc, etc, etc tells us the IRC says.
We know that the battle is uphill against tremendous odds due to the blindness and apathy of the general public. But as Jefferson, Madison, Adams et al. knew that they would be committing their families and thousands of young men and women to death and hardship for treason in the fight against the state, so to do we know that eventually enough court cases will be heard by juries ( we have some very good victories in the last couple of years) and enough people will read the IRC for themselves and we will begin to steer America back in the direction of greatness and away from confiscatory socialism.
But as with all worthwhile endeavors - some join the fight while others hide their heads in the sand and some turn tail and run, leaving their kids and grand kids to suffer. Not me.
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