Update April 16, 2003: Very bad news on taxation:
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Why Won't The IRS Answer A Simple Question?
April 14, 2003
Four years ago, the IRS came after my little sister for $505.00 in "self employment taxes." My sister is self-employed and makes basically poverty level income. I have continued to inquire from the IRS [I hold my sister's power of attorney], to please show us the law that requires Lisa withhold from herself and pay social security taxes.
Last year, me, Joe Banister, and my sister all went down to the IRS office in Walnut Creek, California. We went to the counter at the IRS office which had a sign that read: Legal Questions Answered Here. When we asked our question, the new customer friendly IRS folks suddenly didn't want to talk to us. We walked out of their office with a promise that we would have an answer in writing within 24-48 hours.
Three months later, I went back down to that office [1.5 hrs from my house] with a letter in hand informing those good folks that they had promised us an answer in 24-48 hours. It was now three months later and we still have no response. I explained that my sister was not trying to evade a tax she owes or do anything illegal. All we asked is to show us the law.
The clerk behind the counter got very hostile with me. I stood my ground and after approximately 15 minutes, he came out of the back office and threw (I mean threw) a stack of papers at me across the counter. I inquired if this was the section of the code that would answer our question? He angrily told me that was his answer. Guess what the papers were? A computer print out of tax scams identified by the IRS.
I looked this joker in the face and asked him if this was some kind of joke. He scurried into the back office and refused to come back out. On my way I went. The letters threatening my sister continue to come in. I continue to send them the same old letter asking them to please answer our simple question. Eight months ago I received a letter from the Memphis, TN IRS office. This letter stated that the IRS has received so many inquiries for the same question, they would get to us when they could. I found that to be quite encouraging. Other Americans asking the same, simple question.
In the meantime, Lisa's file has been kicked to Cleveland, Utah and now down to Fresno, California. All threatening collection, all with increased penalties and interest being added as time goes on. I deal with each one as patiently as I can, still waiting for a simple answer to a straight forward question.
Now, one would think, since the "pay-as-you-go" scam was foisted upon the American people back in 1943, that this would be a very simple question for the IRS to answer: show us the law that requires Lisa withhold from herself and pay social security taxes.
Yet, here we are, almost four years down the road and the IRS still refuses to give us a simple answer. Why? Because the whole damn system is just one fraud heaped upon another. The system preys on the most vulnerable like my little sister. When will it stop?
Andy Jackson said that one man with courage makes a majority. America: Get off the plantation and fight for your rights. Your children deserve to be free of all these lies and the rape and plunder of their future. There are no generations after us to stop this travesty against the people. It's you, me and everyone we know: Stand up now.
America: It's Time to Stop Withholding
April 13, 2003
Schulz Organizing, On the Road
DOJ and IRS Getting More Desperate
Bob Schulz, Chairman of We The People is on the road and headed around the country to organize Operation Stop Withholding and to teach workers and employers about what US tax laws really say and to organize WTP supporters and WTP Congress members to get the word out about this constitutional crisis and encourage participation in the larger regional meetings.
Schulz, who has already held several well attended meetings since April 5th is currently in Texas and headed west. Today (April 13) he held a meeting in Dallas, Texas and is headed for meetings commencing tomorrow in Austin, San Antonio, El Paso, Albuquerque and finally Phoenix before taking a one-week break. The Stop Withholding meetings are free, open to the public and continue again on Saturday, April 26th in Irvine California. The meeting schedule then continues through northern California, and up through the Northwest before Schulz heads back east through the mid-west. Click here to see the meeting schedule.
The meetings Schulz recently held in Nashua, New Hampshire; Asheville, North Carolina; Atlanta, Georgia; Tampa, Florida and Houston, Texas were attended by several hundred workers and those running companies and have already resulted in several significant and emerging organizational initiatives involving unions, workers, attorneys, etc. Schulz will provide details of the ongoing initiatives during future meetings.
The two scheduled meetings for Irvine, California are for workers and companies and comprise the second in a set of larger "regional" meetings that will provide an extensive review of the laws governing withholding and the procedures and forms needed to legally terminate wage withholding.
Former IRS Agents, CPAs and attorneys will be present at all regional meetings to provide direct answers to questions from participants. The first "regional" meeting was held on April 5th in Nashua, New Hampshire. Schulz was aided by former IRS Revenue Agent John Turner and former IRS Office of Counsel Attorney Paul Chappell who addressed the crowds and took questions from participants.
Please check the schedule and get to these important meetings! We still need supporters to help set up a number of meetings and arrange for local printing of the Stop Withholding forms and instructions that are distributed for free to all meeting participants. With the help of donations, WTP is providing the significant financing for these nationwide meetings.
The local Area Director for the IRS and the local US Attorney for the Department of Justice continue to be formally notified of each Stop Withholding meeting and are being repeatedly requested to attend the meetings, and to inform WTP if any materials being discussed or presented are misleading or in any way false.
To date, neither the IRS nor DOJ has responded.
Legal Defense Association
For those that desire formal, low cost legal protection for their actions regarding withholding or the filing of income tax returns, we again bring you notice of the new We The People Legal Defense Association.
The WTP-LDA has been formed to provide a collective, unified, organized legal defense organization staffed with full time attorneys, paralegals, and support staff to represent its Members against taxing authorities attempting to, unlawfully, assess and collect income taxes. Membership is open to both Companies and Workers, whether you are currently involved in a dispute with a taxing authority or not. The foundational basis of the defense are the Right to Petition and the specific legal charges asserted at the February, 2002 Truth-in-Taxation Hearing and in the income tax Petition(s) for Redress of Grievances.
Attorneys, subject matter experts and paralegals will, per the terms of the agreement, provide at NO additional cost, full, formal legal representation to all Members in their contacts with the IRS, DOJ, etc.
Please see the WTP-LDA agreement for full details and specific instructions on how to apply for membership.
Please note: Because of the significant start-up and operational costs of running a professional legal operation, the WTP-LDA cannot, and will not, become formally "activated" until a critical mass of membership applications have been received by WTP.
Please get your application in now. WTP-LDA Application and instructions:
DOJ and IRS Are Really Reaching Now
Not content to merely ignore administrative due process and coerce the influence the entire Justice system to quell dissent, the IRS has for sometime now called for a jihad to stifle even mere public discussion of the tax laws of this nation. We have more news on two of the most recent attacks.
On Thursday, April 10th, the DOJ moved against California attorney Ed Rivera. In the DOJ press release, DOJ claims that Rivera is allegedly "falsely advising customers that they do not have to pay federal taxes."
The release goes on to characterize Rivera as a "Tax scammer that enriches (himself) by helping others violate the law" and by selling opinion letters "falsely stating that his customers are not liable for federal income taxes; he represents his customers before the Internal Revenue Service for the stated purpose of determining their 'non-liability' for all federal taxes; and he sells an 'asset protection' service that he falsely implies can shield his customers' assets from IRS levies."
A few interesting perspectives to consider:
Rivera, as an attorney, is in the business - as ALL lawyers are - of analyzing the law, the specifics situations of his clients and drawing legal conclusions about the law and its applicability. Are they telling him he can't practice his profession? It is apparent that DOJ now intends to suppress and stifle those few who dare draw differing legal conclusions from the official version - even if they are a licensed attorney and have a First Amendment right to do so regardless of their professional license.
Second, DOJ attacks Rivera for telling his clients they are not liable for federal taxes. Of course, DOJ could quickly end all these "improper" and "false" legal representations if they would simply clarify a few details of US tax law relating to who is actually liable for the income tax.
Third, on the matter of "asset protection" IRS may regrettably be correct. How can Rivera truthfully assert that his clients can protect their assets by taking advantage of totally legal and legitimate asset protection devices provided by both common law and by federal statute? As we know, the IRS simply ignores the law, the People's property and due process rights and simply seizes -- via coercion and color of law -- what it wants, from whomever it wants - and the Courts, of course, provide no effective legal recourse.
DOJ press release on Ed Rivera:
Irwin Schiff Update
Irwin Schiff with two of his company employees stood in Las Vegas District Court on Friday to continue his battle against the IRS which is attempting to ban sales and/or distribution of Schiff's book "The Federal Mafia" and to prevent Schiff from speaking in public about the tax laws of the United States.
In Friday's hearing, the government called no witnesses. Schiff put three of his clients on the stand that testified they had read his materials, considered the law and acted accordingly without damage caused by Schiff. The government refused to cross examine any Schiff witness.
The following snippet was from the hearing: (Schiff) "There is no law in the internal revenue code that says you must pay income tax," Schiff said. The judge interrupted, saying: "That's your opinion." Schiff replied, "It's fact. OK, it's also my opinion that 2 and 2 is 4."
Because of the widespread First Amendment issues, the hearing is receiving some limited national media attention. Click here to read several news stories about the hearing. The judge has continued the proceeding and asked for written briefs by May 1.
The Schiff situation is incremental evidence that the federal income tax system is faltering and slowly collapsing from within. That the government would risk a full-frontal assault on the First Amendment to stifle purely political speech - the apex of free speech protected by the Constitution -- is telling indeed.
As we noted earlier, the Nevada ACLU has already intervened in the case arguing strongly that regardless of Schiff's legal conclusions or interpretations of law. Schiff must be protected in his right to speak about the law and to sell his books. In this case, the government has moved to ban a book and a man's words simply because he disagrees with the IRS.
Knowing Schiff, the government may soon find itself in a very difficult position. It is asking in a public trial to ban a book without directly confronting the underlying truth or falsity of the words contained within. It is straining logic to insist that the words in this book are directly "inciting" imminent illegal activity resulting in damage. Of course books about snipers, nuclear bombs and terrorist procedures are all perfectly legal - but not about US tax law.
It is one thing for the US to focus their prosecution on the supposedly "lost" taxes the government will never collect. It is quite another, however, to claim damages and then fail to publicly confront and establish the burden of proof, as the plaintiff, that it's damages are due to Schiff's FALSE statements, and that that those false statements somehow "incite" immediate lawless action and imminent damage to the government.
Schiff's case also raises other potentially troublesome legal issues for the DOJ. Are other books and publications that offer tax advice to be banned as well? What about the standard tax preparation books that assist people claim deductions, exemptions, income allocations, etc.? What about the "Big X" accounting firms that publish books and offer advice to their clients? Who is to be the arbiter of what constitutes a "false" legal position?
Is Schiff's interpretation of US law to be singled out and effectively converted into a CRIME simply because it allows his readers and clients to "deduct" ALL of their "income" on a tax return? Are Schiff and others being singled out simply because they have found the "Mother of All Tax Deductions?" Is ANYONE that disagrees in writing or in public with the IRS now subject to a federal injunction? Will the Court allow this injunction without any substantive due process as to examining the underlying statutes and Supreme Court decisions which back Schiff's positions and to which the IRS is legally bound?
In the end, and even with the IRS, the Court must maintain some facade of impartiality.
The Court dares not openly crush the First Amendment based on a simplistic claim of DIRECT damages arising from the uttering of Schiff's "frivolous" beliefs. Indeed, the court should perform its Constitutional duty and call the government on the carpet to formally and officially rebut Schiff's specific legal arguments.
But in a larger sense, Schiff should not even be in the position he is in. From a First Amendment framework it matters not what he writes or speaks. He has simply written a book and People may or may not later consider his ideas and/or follow his advice. These are merely the words of a single man. Why is the government so afraid of these words? WHY are they trying to suppress these words? Does the IRS trump the First Amendment? Does Schiff have the RIGHT to be wrong?
And of course - THAT is the real problem here. Schiff's book IS unlike most books ever written and the government wants this information banned ASAP. Schiff's words, like the words of many others over many years, have finally lead to the deciphering and incontrovertible documentation detailing the tax fraud. This information continues to move throughout the nation at light speed and is, without doubt, causing the very attacks Schiff and others are currently enduring.
What we are witnessing is an unanticipated shift in the Tax Honesty battlefield. The government, in its yearning to delay what may be the final days of tax fraud, now finds itself in public court, openly attempting to quash the First Amendment right of free speech. Even the media starts to take notice when its corner of the Constitution is threatened.
Banning Schiff's book and his unalienable right to free speech might be that one step over line the People, and this nation, will not tolerate.
Schiff's "The Federal Mafia" is not yelling "fire" in a crowded theater.
His book represents what this nation stands for - or at least used to.
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