Beating the illegally run IRS in the legal system.
While researching the Internal Revenue Service and their lack of authority to collect taxes on wages, I came accross an interesting discussion thread and message board in which non-taxpayers discuss their run-ins with the IRS.
Many of the people on this forum are quite well informed about matters of law; much can be learned from a review of these cases involving the IRS.
The forum can be accessed here:
http://www.suijuris.net/forum/
The following is from the thread:
http://www.suijuris.net/forum/success-stories/8309-huge-victory-tax-honesty-movement.html
Please send copies of this post, or at least share the url, with all of your friends and associates who are non-taxpayers.
In case some of you have not heard, earlier this month, an American Citizen employed by Mitsubishi Motors, who was charged with and indicted on Willful failure to file tax returns, and tax evasion, and was accused by a Grand Jury of violating 26 USC 7201 and 26 USC 7203, had all of the 6 charges against him dismissed WITH PREJUDICE, after the USG attorneys learned that as part of his defense, his attorney would be introducing the Paperwork Reduction Act and the IRS's repeated failures to comply with that positive enacted law.
You can read the original indictment here:
http://www.cheatingfrenzy.com/lawrence.pdf
And contained below is the official entry from PACER.
Scroll down to the entires on May 10, 11, and then May 12, 2006, where you can see that the DOJ attorneys backed off, and asked the Court to dismiss the defendent's case "With Prejudice". Which means he can not be indicted or charged for those same alleged crimes, for the same 3 years. The Court then dismissed all charges against Mr Lawrence who earned about $174,000 in remuneration over a 3 year period. NOTE, I DID NOT SAY HE RECEIVED WAGES.
This is a huge victory for the Tax Honesty Movement. Hoo-rah!!
My assessment is that for those that can effectively argue the Paperwork Reduction Act as part of their defense when the write affidavits to the IRS's top lawyers at IRS HQs, they stand a far better chance of prevailing on the merits.
Remember, the IRS much prefers to attack those folks who have weak defenses and who have not done an effective job rebutting the IRS's false presumptions contained in one's IRS Administrative File.
IN a word, the IRS much prefers to prey upon the weak and the misinformed. By doing so, the IRS is more easily able to cherry pick the low hanging fruit and then point to their so-called victories in Court, as a way to beef up their propoganda and thereby scare other American Citizens into paying an income tax that no positive law and Implementing Regulation requires them to pay in the first place.
Also, from a legal strategy standpoint, it is very obvious that the risk of losing this case against Mr. Lawrence, was so great, that rather than risk going to trial and possibly losing and then establishing a very dangerous precedent that would have been immensely unfavorable to the corrupt IRS, the DOJ attorneys correctly concluded that it was much better to allow Mr. Lawrence, the defendent, to walk away a FREE Man, rather than risk having the PRA Defense widely publicized around America.
Further, I also conclude that the decision to dismiss all charges against Mr. Lawrence WAS NOT made by the local Assistant Attorneys General, but instead was made by the senior staff in the DOJ Tax Division, and it most likely also involved input from IRS Attorney Mark Matthews, IRS Deputy Commissioner for Enforcement, as well as several other senior IRS attorneys. Feel free to send a "Thank You" fax to Mark Matthews, and his loyal sidekick, Linda Kroening, Esquire, at fax # 1-202-622-4255, and thank them for the IRS's and DOJ dismissal of all 6 counts against Mr. Lawrence..
The decision by US government attorneys to dismiss a major tax crimes case such as this one, and to request the dismissal with prejudice, is not a decision that is made lightly. In the instant case, it is very obvious that the DOJ attorneys and the IRS senior strategists, jointly concluded in the days prior to May 12, 2006, that it was far riskier going to trial and possibly losing, or winning the initial case in the lower court, only to then eventually lose on appeal.
And I also believe that the DOJ attorneys knew well before May 12, 2006, that should the Defense Team be allowed to use the PRA as part of their defense, it was the intention of the DOJ attorney to pull the plug and drop all charges.
*****
Below is the offical docket of this very important victory for the Tax Honesty Movement. Please do your part to show America that American Citizens are winning cases against the corrupt IRS and DOJ, by standing up for their Constitutional Rights and using the PRA as part of their defense.
U.S. District Court
Central District of Illinois (Peoria)
CRIMINAL DOCKET FOR CASE #: 1:06-cr-10019-MMM-JAG-1
Case title: USA v. Lawrence
Date Filed: 03/16/2006
--------------------------------------------------------------------------------
Assigned to: Judge Michael M. Mihm
Referred to: Magistrate Judge John A. Gorman
Defendant
Robert Lawrence (1)
TERMINATED: 05/12/2006
represented by Oscar A Stilley
OSCAR STILLEY ATTORNEY AT LAW
2120 North B St
Ft Smith, AR 72901
479-573-0726
Fax: 479-573-0647
Email: oscar@oscarstilley.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
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