Thursday, July 26, 2007

Poor IRS

Poor IRS! :<(

What's a despotic, corrupt, despised and hated government agency to do when its loses its tyrannical mojo? Like the lion who looses its teeth, it dies a slow death from starvation, no longer able to inject fear into its once terrorized prey. Poor IRS.

While its true that for most people, the letters IRS, still invoke fear, anxiety, and loathing, but for a growing enlightened, confident, and pissed off set of people, its fighting time!

For example, take the case of Vernice Kuglin, a FedEx pilot. This native of Memphis, TN, at least minimally intelligent enough to become an airline pilot, started to apply that intelligence to the study of the so-called “income” tax system. Airline pilots make a lot of money, compared to most people, and the IRS would like them to just handover a large portion of it. But like many before her (and many more since) from her studies Kuglin came to the conclusion that she couldn't find a law that said she had to do this, so she stopped withholding from coming out of her wages, and stopped filing. This the IRS did not like! And as it sometimes feels necessary to do, to keep the rest of the slaves from running off the plantation, they concocted a criminal indictment against her. But instead of copping a plea, and asking for mercy, Kuglin stood her ground and went to trial.

And lo and behold, on August 8, 2003 a Memphis jury of her peers, in the case, IRS v. Kuglin, found her innocent of all the alleged criminal charges the IRS brought against her. In shock, the US Attorney, stunned and taken aback by the temerity of the jury to render this verdict, screamed at the judge to order Kuglin to file and pay her taxes anyway, upon which the judge is stated to have uttered, “Sir, I don't work for the IRS.” Oh my, oh my.....Poor IRS! :<(

Read about her case here: www.sierratimes.com/03/08/10/ar_IRS_vs._KUGLIN.htm
www.givemeliberty.org/RTPLawsuit/Update08-09-03.htm

Next, there was the 'et tu Brute' case of Joe Banister, a former CID (Criminal Investigation Division) agent of the IRS. Banister was fired after presenting his research to his superiors that he couldn't find a statutory basis for the “income” tax, though his job required he investigate people to help criminally prosecute them for violating said alleged laws. For discovering this truth, and then counseling others about it, he was criminally charged with conspiracy to commit tax fraud. But on June 23, 2005, a Sacramento, CA jury of his peers found him Not Guilty too of all charges in his trial.

Read more about him here: www.freedomabovefortune.com
www.worldnetdaily.com/news/article.asp?ARTICLE_ID=44956

And then there are the activities of the We The People (WTP) Foundation, and its intrepid leader Bob Schulz.

You see, Bob Schulz and WTP, fed up with years of having its inquiries about the statutory basis of the "income" tax ignored by the IRS/DOJ, in July 2004 filed a federal class action lawsuit (We The People, et al v. United States, et al) in Washington, DC, attempting to exercise the supposed Right we have under the First Amendment “to petition the Government for a redress of grievances.” One of the grievances the suit raised was for the government to state specifically what law required the average person to file and pay the alleged “income” tax. You know, could you just show us the law?

U.S. District Court Judge Emmet Sullivan, who allegedly swore an oath to follow, protect, and defend the Constitution, dismissed the lawsuit on August 31, 2005, stating the government does not have to listen to or respond to the grievances raised by the citizens in the lawsuit. On May 8, 2007, that ruling was upheld by the DC Circuit Court of Appeals, and on June 22, 2007 WTP filed an en banc Petition for a rehearing by the full appeals court, which are rarely granted, so its probably on to the Supreme Court. Stay tuned.

See here: http://givemeliberty.org/RTPLawsuit/InfoCenter.htm

In retaliation for having its lawsuit dismissed without its grievances even being required to be listened to, WTP started Operation Stop Withholding (OSW). Basically they said, if the government doesn't have to respond to our grievances, as the First Amendment requires, then we're going to teach people how to stop withholding from being taken out of their wages. No answers, no money. Now take that!

Poor IRS! Instead of leaving well enough alone, they then retaliated against WTP by filing a civil lawsuit against them on May 3, 2007, claiming its OSW was an "abusive tax shelter." In the WTP's Motion To Dismiss the lawsuit, it asserted they are only engaged in First Amendment protected Freedom of Speech, and they are merely educating people on the statutes and regulations, which clearly and repeatedly, cite wage withholding is a "voluntary agreement" between an employee and employer. Plus, their program is free of charge, and thus, doesn't structurally meet the legal criteria of being a "tax shelter."

See www.wethepeoplefoundation.org/UPDATE/Update2007-07-19.htm

But the IRS just doesn't seem to learn. They've already lost big once messing with Schulz (setting bad case precedent for them in the process) by previously trying to summons his records. But the 2nd Circuit Court of Appeals sternly rebuked the IRS, ruling that IRS summonses have no weight of law, and no one has any requirement to comply, or even respond, to these mere administrative request if they were not accompanied by a court order. So at least within the jurisdiction of the 2nd Circuit, if you get an IRS summons without a court order attached to it, you can just tear that baby up and throw it away.

See http://givemeliberty.org/RTPLawsuit/InfoCenter.htm

Ahhh...Poor IRS! :<(

Oh, oh, and then there's the case of U.S. v. Lawrence, in Peoria, IL, where on May 12, 2006, the U.S. Attorney filed an emergency motion to drop the 3 alleged criminal charges each of failure to file and tax evasion against Robert Lawrence, 3 days before his trial was to start. And why did the US Attorney feel compelled to beseech – no beg – the Court to immediately drop all charges against Mr. Lawrence – with prejudice – meaning those charges could never be brought against him again? Well, Lawrence's Attorney Otis Stilley had raised the single issue of the 1040 Form being an illegal “information form” which did not have a valid OMB (Office of Management and Budget) number, which designates its statutory authority to collect the information requested on the form. This is a violation of the Paperwork Reduction Act (PRA) of 1974. And because the Judge allowed this argument to be made, and because the US Attorney knew there was no statutory basis for the “income” tax, and thus had no statutory basis requiring anyone to file a 1040 Form, the US Attorney threw in the towel before the boxing match began, rather than get his face bashed in trying to prove the unprovable. For once, a smart(er) move on their part.

See government motion here: www.givemeliberty.org/RTP2/PRA/Pleadings/27_MtnDismissWPrejudice.pdf
and the case docket sheet recording the order of dismissal by the judge.
www.givemeliberty.org/RTP2/PRA/PRA-Misc/LawrenceDocket5-18-06.pdf

Faced with the growing Tax Honesty Movement and court losses, in November 2006 the IRS felt compelled to put out a propaganda document titled “The Truth About Frivolous Tax Arguments” (www.irs.gov/pub/irs-utl/friv_tax.pdf). But, Poor IRS, not too many jurors seem to have gotten the message.

Most recently there's the case of Tom Cryer. Now get this, Cryer is an attorney in Louisiana who, skeptical at first, through his own study of the information that is now easily available on the Internet to study, also came to the same conclusion Kuglin, Banister, We The People, et al, have come to about the “income” tax, and stopped filing too. But, once again, the IRS felt compelled to concoct a set of bogus criminal charges against him too. I mean, if we let lawyers get away with this then lay people will think it's alright for them to do too! And like Kuglin, et al, before him, a Shreveport, LA jury of his peers, on July 11, 2007 found him not guilty of 2 counts of “willful failure to file” “income” tax forms, because the government couldn't prove to these 12 Americans there was any law that required Cryer (or anyone else) to do so. Poor IRS! :<(

Read about it here: http://newsbusters.org/node/14077 and here:
http://edbrownextendedentries.blogspot.com/2007/07/tom-cryers-trial-summary.html
His video: http://www.youtube.com/watch?v=6KjBy_qp4Zc&mode=related&search=
and his website: www.liefreezone.com

And finally, Poor IRS, now they've even got a feature film making Hollywood director, Aaron Russo (Trading Places, The Rose) getting on its case. In 2006 he released “America: From Freedom to Fascism” (www.freedomtofascism.com) which can be seen FREE in its entirety here: http://video.google.com/videosearch?q=freedom+to+fascism

Also see the Zeitgeist video: www.youtube.com/watch?v=lBZne09Gf5A&mode=related&search=

Yes, the inexorable demise of the IRS, and its reason for existence, the “income” tax, are on the imminent horizon. With over 67 million people (IRS numbers) choosing to no longer voluntarily file and pay, people winning bogus criminal trials in hostile courts, damn movies and videos spilling the beans on this corrupt fraud, and the Fair Tax (www.fairtax.org) in Congress ready to abolish this whole mess, with Republican AND Democratic Presidential candidates touting its passage, these are not high times at the IRS. It's really getting hard being the most hated agency of the government when your curtain has been pulled, and people see you're just a lying feeble fake spewing FUD (fear, uncertainty, and doubt).

In fact, reports have it some dismayed IRS and DOJ attorneys have adopted an old song:

Don't push me, cuz I'm close to the edge
I'm trying not to lose my head
Uh huh, ha ha ha
It's like a jungle, sometimes it makes me wonder, how I keep from going under
It's like a jungle, sometimes it makes me wonder, how I keep from going under

Poor IRS! :<)

No comments: