Subject: Schulz v IRS Stands! Comment: July 4, 2005 U.S. Court Of Appeals Soundly Rejects IRS Plea To Soften Ruling In Schulz v IRS Entire Tax System In Jeopardy On January 29, 2005, the U.S. Court of Appeals for the Second Circuit issued a decision in Schulz v. IRS. The Court held that taxpayers cannot be compelled by the IRS to turn over personal and private property to the IRS, absent a federal court order. “...absent an effort to seek enforcement through a federal court, IRS summonses apply no force to taxpayers, and no consequence whatever can befall a taxpayer who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order…[a taxpayer] cannot be held in contempt, arrested, detained, or otherwise punished for refusing to comply with the original IRS summons, no matter the taxpayer's reasons, or lack of reasons for so refusing.” On March 9, 2005, the DOJ, on behalf of its client, IRS, filed a motion with the Court, requesting that the Court amend its decision in Schulz. The DOJ stated in its motion that, “...the Court's opinion threatens to seriously impede the effective administration and enforcement of the nation's tax laws.” The DOJ chastised the Court for “creating a false impression,” and “misapprehending” and “misunderstanding” and “misstating” and being “inaccurate,” regarding the “consequences that flow from the issuance of an IRS summons.” On June 29, 2005, the Court issued its much-anticipated decision regarding the government’s motion to amend the Court’s earlier ruling. With a firm reliance on the Court’s primary role of protecting the People’s individual, unalienable Right to Due Process guaranteed by the 5th and 14th Amendments, the court soundly rejected the government’s pleading. (continued)....CLICK HERE to read on. http://givemeliberty.org/ Kevin Moore The New American Magazine - That Freedom Shall Not Perish http://www.thenewamerican.com/ The Conservative Index http://www.thenewamerican.com/focus/ci/index.htm Shows how every member of the House and Senate voted on key issues. We The People Foundation & We The People Congress http://givemeliberty.org/ Class-Action Lawsuit to Restore the Constitution. (Over 2000 people from all 50 States and counting) This message was launched into cyberspace from kmoore1223@aol.com If you do not wish to receive e-mail from this account, simply reply to this e-mail with REMOVE typed anywhere in your reply. |