Posted on 02/10/2015 6:43:07 AM PST by HomerBohn
The first Republican elected sheriff in Eddy County, New Mexico, became the first sheriff in 25 years to stand up to the IRS. He physically stood at the gate of a troubled citizen's property while US Marshals threatened his arrest. The landowner filed an appeal with the court and expects his case to receive due process before his land is publicly sold. The sheriff agrees. The judge does not.
(Sheriff Scott London says he learned more about the Constitution in the year he spent campaigning for his job than in all of his years of schooling combined.)
WASHINGTON, February 7, 2015—New Mexico’s Eddy County Sheriff Scott London notified the Internal Revenue Service (IRS) via letter that the sale of county resident Kent Carter’s property is canceled until Carter receives due process of law and his appeal is heard. The certified letter dated February 4 received an immediate response from the Undersecretary of the Treasury’s office. According to the Treasury’s website, however, the public auction is still slated for February 19.
“Many officers have stood up over the years for the rights of citizens being victimized by the federal government,” said Sheriff Mack, founder of the Constitutional Sheriffs and Peace Officers Association, “But Sheriff London is the first one to stand up to the IRS since the early 1990s.” Mack said, “His actions show courage and humility. London is setting a good example for the rest of our sheriffs.”
Approximately ten days before Christmas, U.S. Marshals broke in the door of Carter’s rental property with their guns drawn. The tenant was a young mother with a new baby—home alone while her husband was at work. Sheriff London was called to the property to intervene. He advised the Marshals that Carter’s case was in appeal and he deserved due process. They threatened to arrest London, but he stood his ground and they backed off.
Carter has battled the IRS for decades over taxes on the earnings of his modest construction business. One court document listed his debt at $145,000, a figure Carter says an assessing agent “pulled out of thin air.” Every time he challenged them, his bill would shoot up a few hundred thousand dollars. His legal complaints state that the IRS failed to adhere to its own tax code, did not use proper accounting methods, and that the collection activity was unlawful because no notices of deficiency were given. Carter says his private and confidential information, including his social security number, was filed in public records and given to third parties. The IRS countered that it can publish and disperse the private information of Americans if it is trying to collect their money or property. A judge agreed.
Carter says the IRS is currently claiming he owes $890,000, a figure that “doubled with the stroke of a pen.”
The Taxation & Revenue Department ordered Carter to cease “engaging in business in New Mexico” until his arbitrary tax debt was paid. Carter appealed this injunction on the grounds that it was both unconstitutional and vague, as it deprived him of his right to make a living and also prohibited him from, “carrying on or causing to be carried on any activity with the purpose of direct or indirect benefit.”
“The IRS fabricates evidence against citizens by pulling numbers out of a hat and adding fees,” said Mack, “They wear people down emotionally and financially until they can’t take it anymore. No citizen should ever have to fight the IRS for decades in order to keep his land.”
“The IRS is a lie. The income tax is a lie,” said Carter. “Why should they be able to take anything? They’re worse than the mafia.”
The Carter properties have liens placed against them. A locksmith was instructed to change the locks. The IRS authorized the United States Marshal Service to arrest/evict anyone found on the premises. London, however, physically stood in front of Carter’s gate until the Marshals backed down. A public auction on the front steps of the Eddy County Courthouse is scheduled, but the local county sheriff—trained in the Constitution—resisted.
Carter voluntarily vacated his property and relocated his mobile home to an undisclosed location. “I chose to leave to keep it from escalating to something ugly—like Ruby Ridge, Idaho,” he said. Carter said he advised the Marshals and IRS Agents who publicly claimed he had armed friends on his land, “If there is going to be any violence, it is going to be you who starts it.”
Carter says 100% of his Social Security benefits is seized each month by the IRS, in addition to $2,800 the agency drained from his bank account. Legally, he says, the IRS can take no more than 15% of Social Security benefits.
Mack says banking institutions quiver when faced with the IRS’ gestapo tactics and generally hand over customers’ personal banking information, including access to accounts, without requiring a warrant or even any documentation. He encourages county sheriffs to brief every bank in their jurisdiction to refer inquiries from IRS agents to them.
Sheriff Mack is calling for the IRS to start following the law, including no “random” audits without probable cause, as they violate the Fourth Amendment. He asks them to stop committing crimes and rewarding IRS employees with bonuses for cheating on their personal taxes. “I agree with Senator Ted Cruz and others who say the IRS should be abolished,” said Mack. “It’s time they got off the backs of the American people.”
Carter says he prays daily for wisdom, and that he is surviving to be able to look into his grandchildren’s eyes and tell them he fought for their future and for America.
London is the first Republican to ever be elected sheriff in Eddy County. He distributes Bibles on behalf of Gideon International and met his wife in choir practice.
I am actually a Reagan conservative but that does not mean that I ascribe to notions and ideals that have no actual basis in the rule of law but are emotionally based driven.
Good points but let me address in rapid fire.
I do not think the prebate is horrendous and even in the current income tax scheme should be considered and dump the multiple assistance programs. For years, many distinguished conservative economist have advocated this via earned income tax credit.
I agree with point #2 on the revenue neutral and would put in reduction targets. I also disagree with some FAIR tax people and want the sales tax itemized on the sales receipts.
I am not sure how a fed sales tax erodes local sovereignty any more than having local, state and federal income tax.
I also would never implement the FAIR Tax without repeal of the 16th ammendment. The ammendement to repeal the 16th ammendment should make it clear the federal government can not tax income to clarify in SCOTUS case law prior to 16th ammendment.
Whenever I read these stories, the first thing that comes to mind is “What About Al Sharpton”, why is he not terrorized by this progressive liberal democrat communist agency...Oh because Sharpton is a progressive liberal democrat communist; they do not prosecute one of their own.
the prebate might make good sense as opposed to the various welfare schemes but it is another complication and just begs for fiddling to make it fair to this group or that group. That way lies BUREAUCRACY. Either FAIR or Flat would have to be done with an Amendment to make it stick longer than one session of Congress and FAIR would require several amendments given the tradition that Amendments address one issue. It would be complicated and endless fodder for lawyers and judicial usurpation. An alternative is to go back to financing the FedGov with excise taxes only which would turn taxing power over to the Chamber of Commerce. No. The LOW Flat Tax is simple, exceedingly simple to operate and would not need the bureaucratic monster to administer it.
It’s time for the states to stand up to unconstitutional federal acts. NOW!
Erodes local sovereignty because the way I have seen it proposed, it substitutes also for local and state taxes which leaves the states and locals depending on the FedGov for their income. That is the total negation of everything else the conservatives say they are trying to accomplish. And before or alongside anything we do with the tax system it is also necessary to repeal the 17th Amendment.
If taking 100% of your earnings is slavery then taxation is only a matter of degree.(A wise freeper that pointed this out to me, forget who dang it.)
Define income. Therein lies the rub.
LOL
It’s not factually driven.
Teasin at you...
Your opinion on isle #3 is requested...
Not sure the supremacy clause applies here, in this situation.mandated to follow the lawful orders of a federal agent enforcing federal law
Thinking...
Kewel.
Yer on this thread.
Just ping’d you...
Now I can get some good info.
I do know for a fact that local FBI Agents get their CCW permits signed by the local sheriff which says to me that then the sheriff must also have the final say in whether or not they can carry in that County.
The sheriffs also have ultimate authority in whether the Feds can enforce state laws in their County. In Utah, a sheriff recently removed the Feds authority to enforce local laws in the County.
I remember Traficant...Even tho he is a Democrat, I rooted for him once in a while...
Likely if this Sheriff doesn't get some backing from other Sheriffs and the people, they'll pull a Traficant on him...
Lemme do some lookin’, darlin’. BRB.
Good post Red.
5.56mm
Thanks for the ping, TADSLOS.
Well, FairTaxers, here is but one more reason to double down, get the FairTax passed and abolish the IRS!
FairTax is about FReedom!
Income tax is about slavery!
Go to http://www.fairtax.org to find out how to help us replace the income tax with the FairTax and ABOLISH the IRS!
We will never be a FRee people so long as we have an income tax and the IRS.
FRee or slave?
We can make a choice!
Let us cut it to ZERO!
If that's the sum total of his legal argument then it's going to be a short appeal.
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