IRS ~ Tax Info

 

 

IRS Protectionism: New Licensing Scheme Challenged in Major Federal Lawsuit

 

 

 The Truth Behind The Income Tax 1:56:13

 

America : Freedom to Fascism

 

 
Mistaken-identity by apfnorg

 Mistaken Identity:
http://www.dailymotion.com/apfnorg/video/x16scg_mistakenidentity

10/17/06: Wesley Snipes Charged With Failing To File Tax Returns.
TAMPA, Fla. -- Movie actor Wesley Snipes was charged on Tuesday with failing to file income tax returns and conspiring to defraud the Internal Revenue Service
.
Wesley Snipes Charged With Failing To File Tax Returns - News

 "The Secrets of Living
An Income "Tax" Free Life"
http://www.paynoincometax.com/audiopag.htm
 

 Posted 03/20/01

IRS: Certificate of Non-Existence
Here is confirmed Proof researched for you.

http://www.apfn.org/apfn/irs.pdf     (33 pages .pdf file)

 

LIBERTY: YOUR RIGHT TO MAKE A LIVING
http://www.apfn.org/apfn/living.htm

 

Vernie Kuglin 58 yr old FedX Pilot
on American Radio
 http://www.apfn.org/audio/ameradio013104h2.mp3

The Associated Press
Tax Refuser Wins Federal Evasion Case

Tue Aug 12 18:29:38 2003

.c The Associated Press

MEMPHIS, Tenn. (AP) - A woman who said she refused to pay federal income taxes because the IRS didn't respond to her inquiries about tax law has been acquitted of tax evasion.

Vernice Kuglin, a 58-year-old FedEx pilot, had been charged with six counts of tax evasion. Had she been convicted by the federal court jury, she would have faced up to 30 years in prison and $1.5 million in fines.

``I feel justified,'' she said after Friday's verdict.

Kuglin said she began to question the federal tax system about 10 years ago and wrote the Internal Revenue Service twice in 1995 with questions about what law required her to pay taxes. She said she didn't get a response. On Dec. 30, 1995, she filed a withholding statement directing that no taxes be withheld from her pay.

The government accused Kuglin of filing false W4 forms from 1996 to 2001, during which time she earned $920,000 in income. Normal withholding would have been about $250,000.

Federal prosecutor Joe Murphy said during closing arguments that Kuglin did have an opportunity to sit down and discuss her situation with the IRS, ``and she didn't.''

The five-day trial did not resolve whether she must make the tax payment.

``I think it is safe to assume the IRS will attempt civil collection, but she is not guilty of tax evasion,'' said defense attorney Robert Bernhoft.

Larry Becraft, another defense attorney, said after the verdict that the federal tax code is confusing and ``at best is a walking due process violation.''

Becraft, who helped win acquittals for 17 defendants in another Memphis tax trial 12 years ago, said the letters from his client to the IRS showed a lack of criminal intent to evade tax laws and that she sincerely believed her conduct was proper.

``The whole thing could have been resolved if the government had simply answered her questions,'' Becraft said. ``It didn't happen. I made an argument to the jury that an American has a right to ask the government for answers.''

IRS spokeswoman Nancy Mathis was unable to state agency policy on responding to letters asking it to specify the law that makes people liable for income taxes.

She said the IRS had posted various items on its Web site and issued news releases stating that taxes are mandatory. The first words of the Internal Revenue Code are ``a tax is hereby imposed.''

When asked if she planned to start paying federal income taxes again, Kuglin said: ``I will pay all the taxes for which I am liable.''

She said she believes the 16th amendment to the Constitution - giving Congress the power to collect income taxes - and the Internal Revenue Code are constitutional, ``but I also feel there is a gross misapplication of the individual income tax laws by the IRS.''

Kuglin said she hopes to resume flying for the Memphis-based cargo airline as soon as the government returns her passport, which was seized after her indictment this year.
 

=====================================================

Robert G. Bernhoft
Kuglin TV Interviews (Re: Kuglin Beats IRS)
Tue Aug 12 16:01:01 2003
64.140.158.143

-------- Original Message --------
Subject: Kuglin TV Interviews
Date: Tue, 12 Aug 2003 13:26:07 -0500
From: Robert G. Bernhoft, J.D. rgbernhoft@voyager.net

Dear clients, colleagues, and friends:

For your information, Fox News Channel will be airing a number of televised
interviews this afternoon and evening regarding the recent acquittals in USA
v. Kuglin:

1. John Gibson's "The Big Story"
4:40 Central
Vernie Kuglin and Attorney Larry Becraft

2. Hannnity & Colmes
8:30 p.m. Central
Vernie Kuglin and Attorney Larry Becraft

3. Gretta Van Susteren
9:15 Central
Attorney Robert G. Bernhoft

Best regards,

Robert G. Bernhoft
Attorney and Counselor at Law
The Law Office of Robert G. Bernhoft, S.C.
207 East Buffalo Street, Suite 600
Milwaukee, Wisconsin 53202
(414) 276-3333 telephone
(414) 276-2822 facsimile
rgbernhoft@voyager.net
-----------------------------------------------

IRS TAX INFO PAGES:
http://www.apfn.org/APFN/IRSTAX.HTM

RS: Certificate of Non-Existence
Here is confirmed Proof researched for you.
http://www.apfn.org/apfn/irs.pdf (33 pages .pdf file)


Date: Thu, 16 Apr 1998 19:14:06 -0700
Subject: IRS Strategy--VanDyke's Summary.

Feel free to pass this along (in its entirety).

Gordon Wayne Rogers' tax position is easy to understand.
The IRS operates a clearly defined and very clever scam.
Here is how it works.

(1) The IRS creates a false, fraudulent, nebulous, and/or libelous
assessment against a citizen.

(2) The IRS brings this assessment, as a Notice of Tax Lien, to the
County Recorder.

(3) A Notice of Tax Lien is supposed to instruct the tax "debtor" as to where the actual Tax Lien can be found, studied, and copied so that it can be challenged if necessary, but the Notice of Tax Lien never does provide that information because the IRS never produces Tax Liens to which a Notice could refer.

(4) An unlawful statute injected into the Revised Code of Washington at RCW 60.68.045 by the IRS, and uncritically allowed to reside there by legislators, other officers of the government, and citizens, directs the County Recorder to enter the "Notice" of Tax Lien on a Tax "Lien" Index.

(5) But a Notice of Tax Lien does not contain a sworn (affidavit) assessment and is therefore only a non-negotiable / non-"spendable" paper or instrument, which means that it cannot be used as money, after maturing unchallenged 90 days, to procure, seize and sell property.

(6) And a Lien, any lien, if lawfully constructed must contain a sworn (affidavit) assessment as part of the full disclosure requirement of all negotiable instruments, and is therefore a negotiable / "spendable" paper or instrument, which means that it can be used as money, after maturing unchallenged for 90 days, to procure, seize and sell property.

(7) Since the IRS never presents a Tax Lien to the County Recorder, because its agents do not want the liability for presenting a false, fraudulent, nebulous, and/or libelous assessment, it must procure or suborn the County Recorder to do its counterfeiting for it by counterfeiting the appearance of the existence of a Tax Lien by changing the title from a Notice to a Lien by unlawfully entering it on the wrong Index, a Tax Lien Index.

(8) By changing the title from a Notice to a Lien, the County Recorder has converted a non-negotiable / non-"spendable" paper into a negotiable / "spendable" ledger entry, and has therefore counterfeited a currency, for the IRS, which lacks full disclosure.

(9) Then all the IRS has to do is to ask the County Recorder for a Certified Copy of the Tax Lien Index to "prove" that a Lien has been filed. This Certified Copy of the Tax Lien Index has the same power in commerce as a Federal Reserve Note because it can be used as money to procure, seize and sell property, to transfer property from the citizens to the IRS.

(10) Once the IRS has the Certified Copy of the Tax Lien Index implying the filing of a Lien, the IRS can begin taking wages, bank accounts, investments, social security payments, retirement benefits, houses, cars, and just about anything else that will bring cash directly or by auction.

(11) The Public, the Legal Establishment, and the Courts are all conditioned by threats of IRS retaliation to do whatever the IRS dictates, so the scam is complete. Therefore, there is no remedy through the judicial courts.

The ONLY REMEDY of this problem is to ignore the judicial system and to use the same ancient and timeless system of commerce which the IRS uses, but to use the commercial system lawfully and properly by doing everything by sworn affidavits containing full disclosure (Exodus 20:16).

Certified to be the truth, the whole truth, and nothing but the truth, by Hartford VanDyke, Commercial Lawyer, a non-union (non-Bar Association) lawyer, NOT AN ATTORNEY !

[Written: April 15, 1998]

[Sender's Note: For a copy of Gordon Rogers story regarding the IRS, request through liaisongroup@juno.com  ]

"I know what I worry about. Losing my choice to smoke or drink, fetal
tissue missing, corporations accessing our Social Security Number and
determining what can be published and when." -- Michael Moriarty on Psi Factor:

======================================================

WorldNetDaily
Woman triumphs over IRS in million-dollar tax case
Mon Aug 11 19:45:36 2003

Woman triumphs over IRS in million-dollar tax case
Federal jury acquits FedEx pilot who questioned legality of levy
Posted: August 11, 2003
5:00 p.m. Eastern
http://www.wnd.com/news/article.asp?ARTICLE_ID=34031

2003 WorldNetDaily.com

A federal jury in Memphis has acquitted a woman charged by the Internal Revenue Service of conspiring to evade nearly $1 million in taxes.

Jurors on Friday declared FedEx pilot Vernice Kuglin, 58, not guilty of evading $920,000 in taxes, though the question of how the bill would be paid was left unsettled following the five-day trial.

"I think it is safe to assume the IRS will attempt civil collection, but she is not guilty of tax evasion," defense attorney Robert Bernhoft of Milwaukee told the Commercial Appeal newspaper.

For her part, Kuglin said she felt the verdict was in line. " I feel justified," she told the paper.

Kuglin was charged with six counts of tax evasion, for which she could have received up to 30 years in prison had she been convicted. Government prosecutors claimed she filed false W-4 forms for the years 1996 through 2001.

A FedEx pilot for nearly 18 years, Kuglin said she had paid taxes like most other wage earners until about a decade ago, when the paper said she began to question the tax code.

She said she researched legal documents, court cases and the tax code itself, but claimed she could not find a specific section that stated she is liable to pay taxes. Rather, she found a series of contradictions, she told the Appeal.

In 1995 Kuglin wrote to the IRS twice with questions about her obligation to pay taxes, but said she never received a response.

Federal prosecutors said Kuglin, however, did have an opportunity to sit down and discuss her obligations with the IRS but failed to do so.

Nevertheless, defense attorney Larry Becraft of Huntsville, Ala., who has a reputation for defending tax-related cases, said Kuglin decided mandatory payment of income taxes "did not apply to her." Following Friday's verdict, he declared the federal tax code "at best is a walking due-process violation."

Barbara Snodgrass, one of the jurors, told the paper the panel chose to acquit Kuglin because "we all felt that the prosecution didn't prove its case."

Kuglin left open the possibility of future IRS cooperation, without admitting she owes the agency money.

"I will pay all the taxes for which I am liable," she told the paper.

Kuglin's case echoes complaints about the IRS made by Bob Schulz, a leader in the "tax honesty" movement.

In March 2002 Schulz, WorldNetDaily reported, sponsored a "Truth in Taxation" hearing in Washington, D.C., which featured a number of prominent figures in the tax-reform movement.

The forum was held despite the cancellation of previously scheduled appearances by Rep. Roscoe Bartlett, R-Md., and officials from the IRS and Justice Department.

Despite the lack of official sanction, Schulz declared the event a success and said he had "brought to public attention" allegations that the government has "intentionally and systematically conspired to deprive the American People of our Constitutional rights. …"

"The hearing was but another step in the people's determination to get to the truth regarding the fraudulent origin and operation of the Federal Reserve system, the unconstitutional creation of the Internal Revenue Service and the illegal operations of our nation's income tax system," he said in a statement following the forum.

Related stories: http://www.wnd.com/news/article.asp?ARTICLE_ID=34031

GIVE ME LIBERTY
http://www.givemeliberty.org

FREEDOM ABOVE FORTUNE
http://www.freedomabovefortune.com/
===========================================================

APFN
RE: "THE PILOT CONNECTION" - USA v ARSH9610287
Tue Aug 12 19:20:00 2003

"THE PILOT CONNECTION" - USA v MARSH 9610287
http://web.archive.org/web/20070610165420/http://www.geocities.com/CapitolHill/Embassy/1154/PilotConnection.html

OPINION

NOONAN, Circuit Judge:

Phillip Marsh and his five co-defendants appeal their convictions of conspiring to defraud the United States by impeding the collection of federal income taxes and their convictions of related crimes. They also appeal their sentences, which, as to Phillip Marsh total a term of imprisonment of 17 1/2 years, as to his wife Marlene a term of 14 years, and as to the other defendants lesser but still substantial periods of prison.

FACTS AND PROCEEDINGS

Phillip Marsh was the founder in 1990 of The Pilot Connection Society, often self-identified by its acronym TPCS. Marsh's enterprise offered its customers the elusive and enchanting prospect of untaxing themselves. The verb "untax" entered the language in political conflict in England over a formidable tariff on foreign grain and denoted political action by the government ("Who will untax our bread? " E. Elliott, Corn-Law Rhymes, 1833). "Untax," as used in the present context, means freeing oneself from any legal obligation to pay any income tax, federal or state.

To achieve this exceptional state, TPCS offered an "Untax Package." The package included Phillip Marsh's The Compleat Patriot, the Constitution of the United States, Psalm 91, and a photograph of Phillip and his wife suitable for framing. It also included "Very basic untax documents and their instructions." Among them were a form letter to be sent to the District Director of the Internal Revenue Service stating that the quondam taxpayer had recently found out that the director had been "attempting to extort money" from him and demanding that he justify his jurisdiction by a certified copy of the director's designation of authority from the Secretary of the Treasury. The letter was not to be xeroxed and was to be handwritten because "[i]t takes 3 to 5 times as long to read hand written material as it does to read typed material -- anything to slow the IRS down!" Another form letter, to be similarly copied by hand, informed the district director that the taxpayer was not a person under the director's jurisdiction.

The Untax Package included another form by which the taxpayer revoked income tax returns previously signed by him and "cancelled" his signature on such returns. This form was to be retyped by the taxpayer, eliminating the Pilot Connection letterhead, and to be notarized. The theory of the revocation and cancellation, as explained in the Untax Package, was that the IRS would use earlier returns to prove that the taxpayer was aware of his obligation to file and pay. The revocation and cancellation would, so the Untax Package suggested, eliminate this easy evidence of the taxpayer's wilfulness in now refusing to file and pay. The reason that the taxpayer could so readily remove himself from the taxpaying rolls was, according to TPCS, that "income tax is voluntary. " (SER 32.) If you didn't want to pay it, you didn't have to.

TPCS also advised its members to resort to "alternative banking," that is, to pay everything by cash or postal money order, or to join something called the National Commodity and Barter Association and use "warehouse banking," or to have some trusted associate open an account for one in the associate's name, or to establish, with TPCS's help, an "offshore trust." The reason for adopting one of these alternative styles of money management was that if you opened a checking or savings account you agreed "that the money belongs to the bank from that moment on," with the implication that the bank would surrender the money on levy by the IRS (SER 36.) Members were provided with forms, to be recopied and notarized, of revocation of bank signature cards. (SER 35.)

Another practical precaution the TPCS member was advised to take, in order to assure that his emancipation from taxation was effective, was to file W-4s with his employers claiming as many exemptions as he had thousands of dollars of income. For example, if he earned $30,000, he was to file a W-4 claiming 30 exemptions. The member was assured by TPCS that there was no limit to the number of exemptions he could lawfully claim. (SER 342.) No mention was made of any duty to have a reason for claiming an exemption.

Untax Packages, the contents sometimes different in unessential detail, were sold by TPCS for a price that varied for the occasion. At the start the price was over $6,000. (SER 8.) The price announced in January 1993 was "$2,100 or 10% of your existing tax problem (if any), whichever is higher." (SER 380.) As of January 31, 1990, TPCS had only three purchasers of the Untax Package. By December 31, 1993, TPCS recorded 3,848 purchasers and income from them of $7,638,625. (SER 19.)

TPCS had ordinary members who did not purchase the Untax Package but who did pay $45 for membership. By the end of 1993 there were 12,617 in this category. (SER 19.) They received TPCS's magazine, The Connector. The magazine carried the subtitle "The Voice of Freedom " and ran a facsimile of an American flag as its logo. Its pages repeated at their foot the mantra of the Society, "Income Tax Is Voluntary!" The Connector informed its readers that there was no law making anyone liable for income tax.

TPCS had a cadre superior to that of mere members, constituted by those admitted to the status of Associate Member. An Associate Member had the right to sell the publications of TPCS. He paid $10,000 to acquire the franchise and the confidential instructions on marketing that accompanied the franchise. By December 31, 1993, there were 730 persons who had been admitted to this advanced status. Apparently some associates got a discount, for the total paid by them recorded in the Society's book was $5,281,010. (SER 19.)

Phillip Marsh conceived the idea of TPCS. His wife Marlene joined him in marketing it. Together they traveled the United States soliciting the purchase of memberships and Untax Packages and speaking at seminars and conferences intended to promote TPCS. Marlene's daughter, Jill Spencer, was an Associate Member and the office manager, in the latter capacity opening and distributing mail sent to TPCS, logging cash received and responding to some customer complaints. Her husband Darrell was also an Associate Mem-ber. He became TPCS's General Manager, overseeing staff and publications, revising the Untax Package, and writing in his own name in The Connector, to explain why paying income tax was optional.

A family operation, TPCS was aided by Joseph Coltrane, alias John Campion, and by Douglas Carpa. Coltrane was the National Coordinator of the TPCS sales force. Carpa was not a TPCS member but from approximately May 1991 to June 1992 assisted the marketing of memberships in TPCS by putting together trusts in which TPCS members might hope to hide their assets from the IRS. He offered his drafts of trust instruments only to those who purchased the Untax Package. He assured members that his trusts were "old and cold" and would work to cure even preexisting problems with the IRS because the trusts would be predated to a time before an IRS lien.

In its publications TPCS asserted that it was not a tax pro- tester movement, that it did not deny the constitutionality of the Internal Revenue Code, and that it did not maintain that Congress lacked the power to tax income. TPCS simply taught that Congress had not exerted that power and that the IRS was "a private corporation" engaged in lawless efforts to extract money from Americans not obliged to pay. TPCS characterized its own teachings as educational and added that they were the exercise of free speech, protected by the First Amendment from prosecution.

TPCS was aware that the IRS challenged its view of the law, an awareness reinforced by the rejection that TPCS's Untax Package received when put into practice by members. The IRS by 1991 was aware of TPCS and alert to its raison d'etre. In February 1992 an affidavit filed by IRS Special Agent Diane Messer characterized TPCS as an "illegal tax protester organization" and sought a search warrant authorizing the seizure of documents pertaining to TPCS and to Phillip and Marlene Marsh. The search was to be carried out at the Marshes' home, which they used as the Society's headquarters. Pursuant to the warrant, a comprehensive seizure was made of the correspondence, computers, and file cabinets of the Society.

Apparently as a response to the search, on August 12, 1992, in Stockton, California, Phillip and Marlene Marsh and Jill Spencer signed two papers alleging that certain persons were indebted to them in the amount of $350,000 each and seeking to place a commercial lien on the property of the debtors. These persons were Agent Messer and three other IRS agents involved in the search; the United States Magistrates who had authorized the search; three United States attorneys in the Eastern District of California and one United States attorney in the Northern District; Lawrence Karlton, Senior District Judge of the Eastern District; and California Superior Court Judge Jeremy Fogel. The liens were filed in Nevada and Washington.

A year later, in February 1993, a second affidavit executed by Agent Messer asserted that TPCS was "so permeated with involvement with illegal activities" that a comprehensive search could not separate the few innocent items "from the vast amount of material which will be relevant evidence of the criminal violations." The Marshes then moved from California to Colorado and from their home there continued their enterprise under the name the Liberty Foundation. A third affidavit executed by Messer led to the comprehensive search of the Colorado office in December 1993.

A grand jury had already, on November 29, 1993, indicted the defendants for conspiracy to defraud the United States. The defendants moved unsuccessfully to suppress the material seized by the government from their files. Phillip Marsh sought with equal unsuccess to introduce a report by a psychiatrist who evaluated him and found him to suffer from delusions; the psychiatrist's proffered testimony was excluded in limine on the government's motion. Trial followed in the district court for Northern California running slightly over three months, from August 29, 1994 to November 30, 1994. The jury was unable to agree on the principal counts.

"THE PILOT CONNECTION" - USA v MARSH 9610287
GO HERE FOR FULL STORY:

http://www.geocities.com/CapitolHill/Embassy/1154/PilotConnection.html

==============================================
 A Phone Call To The Fed
http://www.apfn.org/apfn/money2.htm  


The Bankruptcy of the United States
http://www.apfn.net/Doc-100_bankruptcy.htm

The Federal Reserve Is A privately Owned Corporation
http://www.apfn.org/apfn/fed_reserve.htm

It's Time To Have Real Tax Cuts
http://www.apfn.org/apfn/itstime.htm

THE IRS IS ON THE ROPES AND RUNNING SCARED!
http://www.apfn.org/apfn/irs_ropes.htm

U.S. Taxpayers' Backed IMF Loans
http://www.apfn.org/apfn/taxpayer.htm


NY TIMES: Saying Income Tax Is Illegal
http://www.apfn.org/apfn/tax.htm

IRS HOT LINKS ---


DEFEND RIGHTS LEAN LAW
http://www.freedomlaw.com/

Notice To Senators And Alleged Representatives

HERE ARE SOME ADDITIONAL TAX LINKS   

Patriot Resource Materials  http://web.archive.org/web/20040427030701/http://www.prostar.com/web/amerika/irsdef4.htm


Items Included In Gross Income
http://web.archive.org/web/20040803201806/http://www.prostar.com/web/amerika/courts.htm


COURT RULINGS ON INCOME
http://web.archive.org/web/20040803231715/http://www.prostar.com/web/amerika/fdjrs.htm


The Average American's Guide to the Law
http://www.taxtruth4u.com

Tax Truth 4 U
http://www.taxtruth4u.com/


Sovereignty Workshop
http://www.taxtruth4u.com/quotes.html


Steven Manning - Patriot Document Index
http://www.supremelaw.org/copyrite/corres/email.oct.1997/msg04301.htm

 
Legal Documents - HUNDREDS!
http://members.tripod.com/~fedinfo/tax_page.html

THE GREAT IRS HOAX: WHY WE DON'T OWE INCOME TAX http://web.archive.org/web/20020802055930/http://chansen.tzo.com/Publications/GreatIRSHoax/GreatIRSHoax.htm
 

Virtual Reference Sites: Law
http://web.archive.org/web/20000816071326/www.virtualfreesites.com/reference.law.html

ORIGINAL JURISDICTION
Preamble to the Bill of Rights
Sec. 6201. Assessment Authority
http://www.apfn.org/apfn/irs-rights.htm 
http://www.apfn.org/apfn/original_jurisdiction2.htm


OKLAHOMA'S 1.2 BILLION DOLLAR CHALLENGE
States have right to original jurisdiction in...
http://www.apfn.org/apfn/original_jurisdiction.htm


State sovereignty and the U.N.  http://web.archive.org/web/20040406172017/users.erols.com/scambos/ta27000.htm

 

All,

Otto Skinner's articles and books are filled with research and case cites. He has strong opinions about what he views as the misinformation circulating in the Patriot Movement. Of course, one man's "misinformation" is another man's "solid research". Who is smart enough to figure out, much less announce, who is right? We can learn much from many and should be grateful to all who struggle to find and share the truth. Take personal responsibility for the information you choose to accept and utilize, and don't blame others when you realize too late that you overlooked an essential fact. Otto provides some case law to debunk some of the approaches used by several Tax Movement attorneys and strategists. This is important information; what is disappointing, perhaps, is that he does not provide much in the way of winning cases where his particular viewpoint formed the strategic cornerstone. I am still in the process of reading Otto's books and find them very well written and loaded with research which would have taken me literally hundreds of hours to dig out myself. So, even if I wind up disagreeing with Mr. Skinner, purchasing and studying his books will have been well worth the time and money.

Date: Tue, 7 Apr 1998 10:26:50 -0700 (PDT)

---ICE ice@coolmedia.net wrote:

DETAILS OF THE Senate Finance Committee's impending
proposals to protect taxpayers against reported Internal
Revenue Service abuses are still in outline form, but the
broad strokes announced March 24 by Chairman William Roth,
R-Del., are already drawing some criticism from top tax
lawyers--much as the House version did when it was passed
late last year. Especially controversial is a provision in
the Roth proposal that, like its House counterpart, would
conditionally shift the burden of proof in court proceedings
to the IRS. While the House bill, H.R. 2676, would require
the IRS to prove its case in favor of imposing a higher tax
liability in a given tax year only if the taxpayer can
demonstrate that he or she had "fully cooperated" with the
agency prior to litigation, the Senate version would drop
"fully" and ask only that the taxpayer be able to show past
cooperation before the burden shifted.

"Perhaps dropping the
word 'fully' levels the playing field somewhat between the
IRS and the taxpayer," noted James L. Malone III, a partner
at Chicago's McDermott Will & Emery, who heads the firm's
federal tax controversy group. But "whether you use the term
'fully cooperate' or 'cooperate,' at the end of the day it
doesn't make much difference, because you can still debate
whether the taxpayer has satisfied the standard" and shown
the requisite cooperation.

Also, like the House bill, the
Senate bill, expected to reach the floor before the middle
of April, will contain provisions that would extend the
attorney-client common-law privilege, which protects
confidential communications to clients, to certified public
accountants and to other parties who represent taxpayers
before the IRS. Its backers contend that this provision will
not only provide parity between attorneys and CPAs, but will
also give taxpayers added protection against the disclosure
of legitimate tax-planning strategies. But critics such as
Lawrence B. Gibbs, a partner at Washington, D.C.'s Miller &
Chevalier Chartered, warn against a "potential disconnect
here," because accountants have an overriding duty to
disclose to the public many of the documents they have
audited and certified as accurate.

"This confidentiality
provision misses the mark in failing to meet the concerns
expressed in the past by the Supreme Court, especially in
its 1984 Arthur Young decision, holding that accountants'
first responsibility is to serve as a watchdog for the
investing public," argued Mr. Malone, referring to U.S. v.
Arthur Young & Co., 465 U.S. 805. "Here, Congress seems to
be saying that an accounting firm with information that its
malpractice lawyers think should be disclosed to the public
can nevertheless refuse to give that same information to the
IRS." Indeed, many tax lawyers feel the latest reform effort
is yet another in a disappointing series of attempts to
restore credibility to the nation's income tax system.

For instance, the much ballyhooed Taxpayer Relief Act, signed
into law last year, does translate into a whopping $95
billion tax cut, conceded Mr. Gibbs, an IRS commissioner in
the Reagan Administration. But "virtually none" of the act's
changes affect the 1997 tax returns due April 15. "The 1997
Act was one of the most complex and oversold pieces of
legislation in U.S. history," Mr. Gibbs said. "Its many
phase-ins, phase-outs and deferred effective dates...are
simply for the purpose of keeping the costs manageable" and
a calculated attempt to avoid a showdown over escalating
Social Security and Medicare costs.

A review of the 1997 act by New York tax attorney and certified public

accountant Sidney Kess confirms that all but a few of the law's highly
publicized tax breaks have deferred effective dates that
could directly affect the self-employed attorney or small
law firm, including a liberalized home-office deduction and
a more generous self-employed health insurance deduction.
Other deferred tax breaks include those relating to federal
transfer taxes on estates and gifts, as well as to the
first-time $400 per-dependent child income tax credit. Prof.
Jeffrey G. Sherman, of the Illinois Institute of Technology,
Chicago- Kent College of Law, said that some of the 1997 tax
breaks actually kick in much later. For instance, the
deduction for the self-employed who pay medical insurance
premiums jumps from 40 percent to as much as 50 percent in
the years 2000 and 2001, but to 100 percent only in 2007.
Similarly, the 1997 relief act phases in its increase in the
unified estate and gift tax credit so that a million dollars
will be able to be transferred by an individual to others
tax-free in 2006, compared with about $625,000 in 1998.

The 1997 act did provide some immediate relief for taxpayers,
including the lower rate on capital gains. And it prohibited
tax penalties for underpayments resulting from changes made
by the act through Jan. 15 of this year. Senator Roth's
proposed IRS reforms also include some good news for
taxpayers facing penalties. Under the legislation, interest
and penalties would be suspended when the IRS fails to
contact the taxpayer more than a year after the return in
question has been filed. Another closely watched reform is
the Delaware Republican's promise to restrict IRS property
seizures while taxpayers are appealing an assessment through
IRS channels during a 30-day window of opportunity.

Senator Roth says he also wants a more "independent" IRS appeals
process, along with new restrictions on interagency
communications, to ensure fairer treatment of a given case.
While these proposals appear to help taxpayers, there is
some doubt about their efficacy. "My greatest concern is
that these annual changes we're now seeing to the Tax
Code...are becoming just so much blue smoke and and
mirrors," cautioned Mr. Gibbs.

Date: Thu, 16 Apr 1998 19:14:06 -0700
Subject: IRS Strategy--VanDyke's Summary.

Feel free to pass this along (in its entirety).
 

Gordon Wayne Rogers' tax position is easy to understand.
The IRS operates a clearly defined and very clever scam.
Here is how it works.

(1) The IRS creates a false, fraudulent, nebulous, and/or libelous
assessment against a citizen.

(2) The IRS brings this assessment, as a Notice of Tax Lien, to the
County Recorder.

(3) A Notice of Tax Lien is supposed to instruct the tax "debtor" as to where the actual Tax Lien can be found, studied, and copied so that it can be challenged if necessary, but the Notice of Tax Lien never does provide that information because the IRS never produces Tax Liens to which a Notice could refer.

(4) An unlawful statute injected into the Revised Code of Washington at RCW 60.68.045 by the IRS, and uncritically allowed to reside there by legislators, other officers of the government, and citizens, directs the County Recorder to enter the "Notice" of Tax Lien on a Tax "Lien" Index.

(5) But a Notice of Tax Lien does not contain a sworn (affidavit) assessment and is therefore only a non-negotiable / non-"spendable" paper or instrument, which means that it cannot be used as money, after maturing unchallenged 90 days, to procure, seize and sell property.

(6) And a Lien, any lien, if lawfully constructed must contain a sworn (affidavit) assessment as part of the full disclosure requirement of all negotiable instruments, and is therefore a negotiable / "spendable" paper or instrument, which means that it can be used as money, after maturing unchallenged for 90 days, to procure, seize and sell property.

(7) Since the IRS never presents a Tax Lien to the County Recorder, because its agents do not want the liability for presenting a false, fraudulent, nebulous, and/or libelous assessment, it must procure or suborn the County Recorder to do its counterfeiting for it by counterfeiting the appearance of the existence of a Tax Lien by changing the title from a Notice to a Lien by unlawfully entering it on the wrong Index, a Tax Lien Index.

(8) By changing the title from a Notice to a Lien, the County Recorder has converted a non-negotiable / non-"spendable" paper into a negotiable / "spendable" ledger entry, and has therefore counterfeited a currency, for the IRS, which lacks full disclosure.

(9) Then all the IRS has to do is to ask the County Recorder for a Certified Copy of the Tax Lien Index to "prove" that a Lien has been filed. This Certified Copy of the Tax Lien Index has the same power in commerce as a Federal Reserve Note because it can be used as money to procure, seize and sell property, to transfer property from the citizens to the IRS.

(10) Once the IRS has the Certified Copy of the Tax Lien Index implying the filing of a Lien, the IRS can begin taking wages, bank accounts, investments, social security payments, retirement benefits, houses, cars, and just about anything else that will bring cash directly or by auction.

(11) The Public, the Legal Establishment, and the Courts are all conditioned by threats of IRS retaliation to do whatever the IRS dictates, so the scam is complete. Therefore, there is no remedy through the judicial courts.

The ONLY REMEDY of this problem is to ignore the judicial system and to use the same ancient and timeless system of commerce which the IRS uses, but to use the commercial system lawfully and properly by doing everything by sworn affidavits containing full disclosure (Exodus 20:16).

Certified to be the truth, the whole truth, and nothing but the truth, by Hartford VanDyke, Commercial Lawyer, a non-union (non-Bar Association) lawyer, NOT AN ATTORNEY !

[Written: April 15, 1998]

[Sender's Note: For a copy of Gordon Rogers story regarding the IRS, request through liaisongroup@juno.com ]

"I know what I worry about. Losing my choice to smoke or drink, fetal
tissue missing, corporations accessing our Social Security Number and
determining what can be published and when." -- Michael Moriarty on Psi Factor:


Text of Full Page Ad Run in USA Today on Friday, July 7, 2000:

CLICK: http://www.givemeliberty.org/features/taxes/usatoday.htm

-------------------------------------------------------------------------------------------------

taxman.gif (6229 bytes)

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