joyfulliving
11-16-2006, 11:49 PM
OK OK--I mean this playfully...--You are probably waiting for one last final statement from me: I had to repeat what Walt said: Only one comment I have to add--What does the "IRS" stand for? I'm Really Stupid. How about us all? "WRS" Yes you guessed it "We're REALLY Stupid" for believing in this lie. Like swine led off the cliff....Glad for Walter and his wisdom and knowledge. Yes I know that this might "feel" harsh, but remember that those income tax fees don't feel very sweet either. Especially when they (the IRS) does not even define "income".
If you want to contribute something meaningful in these postings we will be happy to address that. Otherwise we will consider your input as sheer nonsense. I know Barry, you want information about Constitutional Law on the WACCO talk part, but I want people to know about an EVENT here on this posting as well.
This Friday, Saturday, and Sunday come and HEAR WALTER TALK. You can experience firsthand a man who knows the "ropes" in regard to keeping your legal and lawful rights. Call 887-8129 to get information on it. Otherwise check out his website at: https://wwwukeepallrights.com or get involved on his lawfulremedies yahoo group.
Feeling attacked? persecuted? overwhelmed by abusive codes or ordinances? overtaxed? or are your children being taken away from you? or other such things? Help is here....
Hard Evidence That Form 1040
Has NO Legal Basis In Law
IRS Withdraws Criminal Allegation,
Tax Convict Walks Free
Although the People's war against the income tax fraud and IRS abuse has been lengthy and daunting and has left many freedom fighters across our nation battered and bankrupt, there are continuing signs that the tide of tyranny may finally be meeting effective resistance.
On April 12<sup>th</sup> 2005, William Wallace Lear of Muskegon Michigan appeared in federal District Court in Grand Rapids to face IRS charges claiming Lear had violated the terms of his probation. William Lear had served one year in a federal detention facility in <st1:state w:st="on"><st1:place w:st="on">Minnesota</st1:place></st1:state> following his conviction in 2002 for Willful Failure to File income tax returns (a misdemeanor). His probation began in March, 2004.
The basis for the probation violation hearing was an IRS claim that Lear failed to abide by the strict terms of his probation which included the requirement that he file all his delinquent tax returns and pay all back taxes and penalties owed.
Just as the hearing before Judge Gordon Quist began, the DOJ attorneys moved to dismiss the IRS's probation violation claim against Lear that would have sent him back to prison.
Although Lear had filed his missing returns signing them “under duress” (which IRS does not allow) and failed to pay the taxes owing on those returns, Judge Quist signed an order, completely releasing Lear from federal custody. As of April 12th, Lear has been a free man.
An important question remains: Why? Why would the IRS and DOJ walk away from a golden opportunity to make headlines and send a convicted tax protester back to prison?
Before answering the question, let’s review some of the key developments leading up to the April 12, 2005 probation violation hearing.
After serving his 1-year sentence and after his return to his home in <st1:state w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:state> to fulfill his probation, Bill Lear and his wife Rose “dug back in” and continued to review the extensive body of legal research that had originally caused Bill Lear not to file.
During the summer of 2004, they constructed a “Challenge of Authority” document relying on legal material from various sources including comprehensive research posted by WTP in May 2004 (https://www.givemeliberty.org/RTPLawsuit/Update04-May-10.htm) and that has since been sent repeatedly by the Foundation (and others) to various officials of the U.S. government, including the President's current Advisory Panel on Federal Tax reform (https://www.givemeliberty.org/RTPLawsuit/Update2005-02-12.htm).
This research conclusively documents that IRS has no legal authority to impose taxes on the wages and salaries of ordinary Americans. Particularly damaging in the challenge was recently archived documentation from the government itself clearly showing that IRS Form 1040 is a “proposed” information collection form and that there is no legal authority cited for its use.
On October 4, 2004, during a meeting in the offices of their Congressional Representative Peter Hoekstra, the Lears formally served their Challenge of Authority on three IRS agents and engaged in a significant discussion about the limits of their authority. The IRS agents refused to respond to the Challenge of Authority simply stating that it is not the “practice” of IRS to respond to such requests.
What the agents did not know, however, was that two weeks earlier, on September 24th, the Lears had filed the same document as a formal public legal record in their local county courthouse at office of the Registrar of Deeds.
On February 28, 2005, after additional contacts with IRS officials in which Bill Lear repeatedly asked the IRS to provide specific legal guidance to him so he could know which tax form the law required him to fill out, and thereby comply with the terms of his probation, the Lears again confronted the IRS agents in a meeting in Rep. Hoekstra's office.
At that meeting, and after a heated discussion with IRS agents, confronting them with government documents and evidence clearly showing Form 1040 has no authority in law, IRS ended the discussion by telling Lear that the law required him to use “Form 1040” to file his returns.
Frustrated and agitated with the exchange, IRS Agent J. McWilliams stated that Lear “wasn't cooperating with the IRS”, and that Lear was “going back to prison.”
On March 2, just days before Lear's probation was due to expire, IRS filed a probation violation complaint with the federal probation office. Lear was promptly served Notice of the hearing that could send him back to prison.
On March 4, the Lears filed a Habeas Corpus regarding the original conviction.
On March 9, Lear filed a pleading answering the alleged violation (https://www.givemeliberty.org/RTPLawsuit/Lear/ProbViolationLearResp.PDF) of probation.
On March 10, Lear also decided to “hedge his bet” and filed the delinquent tax returns, but signed the tax forms “under duress.”
On March 14, 2005 - Lear appeared before Magistrate Joseph G. Scoville who found cause for the violation and sent the case to Judge Quist for a formal hearing.
It should be noted that IRS routinely rejects tax returns signed “under duress” due to the obvious due process implications related to the use of force, threat of force, or other intimidation to coerce an individual to swear to a statement made under “penalties of perjury.” It should be further noted that although required by the terms of his probation, Lear did not make any payment toward the alleged taxes or penalties due for the returns he was convicted for willfully failing to file.
Finally, on March 21<sup>st</sup>, the Lears filed a Motion to Quash (https://www.givemeliberty.org/RTPLawsuit/Lear/Motion2Quash.PDF) the Release Revocation Hearing. Contained within this motion was the formal “Challenge of Authority (https://www.givemeliberty.org/RTPLawsuit/Lear/ChallengeOfAuthority-9-04.PDF)” document that had been previously recorded in their local county courthouse as a legal public record.
On April 12, Lear and his wife Rose appeared in court for Bill's probation violation hearing.
Instead of publicly confronting the merits of the alleged probation violation and asking the court to send a “recalcitrant tax convict” back to prison, attorneys for the DOJ and IRS withdrew their complaint alleging the probation violation.
WHY?
Because under Rule 902 of the Federal Rules of Evidence, a court cannot deny the admissibility of relevant evidence consisting of certified copies of public legal records as they are presumed to be self-authenticating and valid as evidence.
Here is the text of Rule 902, sub-paragraph (4):
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
(4). Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification.
In other words, in facing a public criminal hearing where the contents of Lear's “Challenge of Authority” was, without argument, directly relevant to Lear's alleged violation, and knowing the District Court could not deny its admittance as evidence, the DOJ was faced with two unpleasant alternatives: either produce IRS witnesses to explain away government documentation clearly showing IRS Form 1040 is not a legally authorized form, or walk away from the probation violation hearing.
IRS walked.
Rather than take a potential headline-making opportunity to publicly chastise and send back to prison a convicted tax protester who had dared – even after conviction -- to continue questioning the legal authority of the government, the IRS and DOJ instead withdrew their criminal complaint, thereby avoiding having to confront – on the record – the damning evidence contained in Lear's formal Motion to Quash (https://www.givemeliberty.org/RTPLawsuit/Lear/Motion2Quash.PDF) and its “Challenge of Authority” exhibit. (Note the legal argument regarding the lack of authority for Individual Form 1040 begins on page 4 of the Motion to Quash.)
By withdrawing the IRS complaint against Lear, DOJ avoided having to publicly attempt to rebut Lear's legal research and having to admit that the government could not cite any legal authority requiring the filing of a 1040 Individual tax return.
On April 25<sup>th</sup>, despite the facts that Lear had filed defective returns signed “under duress” and also failed to pay the taxes and penalties owed for the returns he was convicted for failing to file, Judge Quist signed a formal order completely freeing Bill Lear from the terms of his probation.
The Sixth Circuit Court of Appeals in <st1:place w:st="on"><st1:city w:st="on">Cincinnati</st1:city>, <st1:state w:st="on">Ohio</st1:state></st1:place> is currently considering whether to certify Lear's most recent Habeas Corpus motion to vacate his conviction. That motion is also based upon the new legal research contained in his “Challenge of Authority.”
The Hard Evidence That
Form 1040 Has No Legal Authority
In their “Challenge of Authority” document, the Lears provide hard documentary evidence that IRS Form 1040 has NO legal authority.
This evidence was presented by contrasting archived government documents that have been filed pursuant to the federal Administrative Procedures Act (APA) and Paperwork Reduction Act (PRA).
Under the PRA, each and every government form that is used to collect information from the general public under law must be linked to its authorizing statutes and implementing regulations and have a valid Office of Management and Budget “OMB” Form number. This requirement of law provides an orderly means to identify which statutes, regulations and forms are related.
As one item of evidence, the Lears produced a stamped copy of a 1987 Treasury Department document entitled, “Request for OMB Review” which is required by the Paperwork Reduction Act. The request was for IRS Form “1040-NR”, the tax form used by Non-Resident Aliens to report their “income”.
[The rest of this post was removed since this went on way beyond an event announcement and had formatting issues. See the WaccoTalk category for more information and discussion about this - Barry]
<o:p></o:p>
If you want to contribute something meaningful in these postings we will be happy to address that. Otherwise we will consider your input as sheer nonsense. I know Barry, you want information about Constitutional Law on the WACCO talk part, but I want people to know about an EVENT here on this posting as well.
This Friday, Saturday, and Sunday come and HEAR WALTER TALK. You can experience firsthand a man who knows the "ropes" in regard to keeping your legal and lawful rights. Call 887-8129 to get information on it. Otherwise check out his website at: https://wwwukeepallrights.com or get involved on his lawfulremedies yahoo group.
Feeling attacked? persecuted? overwhelmed by abusive codes or ordinances? overtaxed? or are your children being taken away from you? or other such things? Help is here....
Hard Evidence That Form 1040
Has NO Legal Basis In Law
IRS Withdraws Criminal Allegation,
Tax Convict Walks Free
Although the People's war against the income tax fraud and IRS abuse has been lengthy and daunting and has left many freedom fighters across our nation battered and bankrupt, there are continuing signs that the tide of tyranny may finally be meeting effective resistance.
On April 12<sup>th</sup> 2005, William Wallace Lear of Muskegon Michigan appeared in federal District Court in Grand Rapids to face IRS charges claiming Lear had violated the terms of his probation. William Lear had served one year in a federal detention facility in <st1:state w:st="on"><st1:place w:st="on">Minnesota</st1:place></st1:state> following his conviction in 2002 for Willful Failure to File income tax returns (a misdemeanor). His probation began in March, 2004.
The basis for the probation violation hearing was an IRS claim that Lear failed to abide by the strict terms of his probation which included the requirement that he file all his delinquent tax returns and pay all back taxes and penalties owed.
Just as the hearing before Judge Gordon Quist began, the DOJ attorneys moved to dismiss the IRS's probation violation claim against Lear that would have sent him back to prison.
Although Lear had filed his missing returns signing them “under duress” (which IRS does not allow) and failed to pay the taxes owing on those returns, Judge Quist signed an order, completely releasing Lear from federal custody. As of April 12th, Lear has been a free man.
An important question remains: Why? Why would the IRS and DOJ walk away from a golden opportunity to make headlines and send a convicted tax protester back to prison?
Before answering the question, let’s review some of the key developments leading up to the April 12, 2005 probation violation hearing.
After serving his 1-year sentence and after his return to his home in <st1:state w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:state> to fulfill his probation, Bill Lear and his wife Rose “dug back in” and continued to review the extensive body of legal research that had originally caused Bill Lear not to file.
During the summer of 2004, they constructed a “Challenge of Authority” document relying on legal material from various sources including comprehensive research posted by WTP in May 2004 (https://www.givemeliberty.org/RTPLawsuit/Update04-May-10.htm) and that has since been sent repeatedly by the Foundation (and others) to various officials of the U.S. government, including the President's current Advisory Panel on Federal Tax reform (https://www.givemeliberty.org/RTPLawsuit/Update2005-02-12.htm).
This research conclusively documents that IRS has no legal authority to impose taxes on the wages and salaries of ordinary Americans. Particularly damaging in the challenge was recently archived documentation from the government itself clearly showing that IRS Form 1040 is a “proposed” information collection form and that there is no legal authority cited for its use.
On October 4, 2004, during a meeting in the offices of their Congressional Representative Peter Hoekstra, the Lears formally served their Challenge of Authority on three IRS agents and engaged in a significant discussion about the limits of their authority. The IRS agents refused to respond to the Challenge of Authority simply stating that it is not the “practice” of IRS to respond to such requests.
What the agents did not know, however, was that two weeks earlier, on September 24th, the Lears had filed the same document as a formal public legal record in their local county courthouse at office of the Registrar of Deeds.
On February 28, 2005, after additional contacts with IRS officials in which Bill Lear repeatedly asked the IRS to provide specific legal guidance to him so he could know which tax form the law required him to fill out, and thereby comply with the terms of his probation, the Lears again confronted the IRS agents in a meeting in Rep. Hoekstra's office.
At that meeting, and after a heated discussion with IRS agents, confronting them with government documents and evidence clearly showing Form 1040 has no authority in law, IRS ended the discussion by telling Lear that the law required him to use “Form 1040” to file his returns.
Frustrated and agitated with the exchange, IRS Agent J. McWilliams stated that Lear “wasn't cooperating with the IRS”, and that Lear was “going back to prison.”
On March 2, just days before Lear's probation was due to expire, IRS filed a probation violation complaint with the federal probation office. Lear was promptly served Notice of the hearing that could send him back to prison.
On March 4, the Lears filed a Habeas Corpus regarding the original conviction.
On March 9, Lear filed a pleading answering the alleged violation (https://www.givemeliberty.org/RTPLawsuit/Lear/ProbViolationLearResp.PDF) of probation.
On March 10, Lear also decided to “hedge his bet” and filed the delinquent tax returns, but signed the tax forms “under duress.”
On March 14, 2005 - Lear appeared before Magistrate Joseph G. Scoville who found cause for the violation and sent the case to Judge Quist for a formal hearing.
It should be noted that IRS routinely rejects tax returns signed “under duress” due to the obvious due process implications related to the use of force, threat of force, or other intimidation to coerce an individual to swear to a statement made under “penalties of perjury.” It should be further noted that although required by the terms of his probation, Lear did not make any payment toward the alleged taxes or penalties due for the returns he was convicted for willfully failing to file.
Finally, on March 21<sup>st</sup>, the Lears filed a Motion to Quash (https://www.givemeliberty.org/RTPLawsuit/Lear/Motion2Quash.PDF) the Release Revocation Hearing. Contained within this motion was the formal “Challenge of Authority (https://www.givemeliberty.org/RTPLawsuit/Lear/ChallengeOfAuthority-9-04.PDF)” document that had been previously recorded in their local county courthouse as a legal public record.
On April 12, Lear and his wife Rose appeared in court for Bill's probation violation hearing.
Instead of publicly confronting the merits of the alleged probation violation and asking the court to send a “recalcitrant tax convict” back to prison, attorneys for the DOJ and IRS withdrew their complaint alleging the probation violation.
WHY?
Because under Rule 902 of the Federal Rules of Evidence, a court cannot deny the admissibility of relevant evidence consisting of certified copies of public legal records as they are presumed to be self-authenticating and valid as evidence.
Here is the text of Rule 902, sub-paragraph (4):
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
(4). Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification.
In other words, in facing a public criminal hearing where the contents of Lear's “Challenge of Authority” was, without argument, directly relevant to Lear's alleged violation, and knowing the District Court could not deny its admittance as evidence, the DOJ was faced with two unpleasant alternatives: either produce IRS witnesses to explain away government documentation clearly showing IRS Form 1040 is not a legally authorized form, or walk away from the probation violation hearing.
IRS walked.
Rather than take a potential headline-making opportunity to publicly chastise and send back to prison a convicted tax protester who had dared – even after conviction -- to continue questioning the legal authority of the government, the IRS and DOJ instead withdrew their criminal complaint, thereby avoiding having to confront – on the record – the damning evidence contained in Lear's formal Motion to Quash (https://www.givemeliberty.org/RTPLawsuit/Lear/Motion2Quash.PDF) and its “Challenge of Authority” exhibit. (Note the legal argument regarding the lack of authority for Individual Form 1040 begins on page 4 of the Motion to Quash.)
By withdrawing the IRS complaint against Lear, DOJ avoided having to publicly attempt to rebut Lear's legal research and having to admit that the government could not cite any legal authority requiring the filing of a 1040 Individual tax return.
On April 25<sup>th</sup>, despite the facts that Lear had filed defective returns signed “under duress” and also failed to pay the taxes and penalties owed for the returns he was convicted for failing to file, Judge Quist signed a formal order completely freeing Bill Lear from the terms of his probation.
The Sixth Circuit Court of Appeals in <st1:place w:st="on"><st1:city w:st="on">Cincinnati</st1:city>, <st1:state w:st="on">Ohio</st1:state></st1:place> is currently considering whether to certify Lear's most recent Habeas Corpus motion to vacate his conviction. That motion is also based upon the new legal research contained in his “Challenge of Authority.”
The Hard Evidence That
Form 1040 Has No Legal Authority
In their “Challenge of Authority” document, the Lears provide hard documentary evidence that IRS Form 1040 has NO legal authority.
This evidence was presented by contrasting archived government documents that have been filed pursuant to the federal Administrative Procedures Act (APA) and Paperwork Reduction Act (PRA).
Under the PRA, each and every government form that is used to collect information from the general public under law must be linked to its authorizing statutes and implementing regulations and have a valid Office of Management and Budget “OMB” Form number. This requirement of law provides an orderly means to identify which statutes, regulations and forms are related.
As one item of evidence, the Lears produced a stamped copy of a 1987 Treasury Department document entitled, “Request for OMB Review” which is required by the Paperwork Reduction Act. The request was for IRS Form “1040-NR”, the tax form used by Non-Resident Aliens to report their “income”.
[The rest of this post was removed since this went on way beyond an event announcement and had formatting issues. See the WaccoTalk category for more information and discussion about this - Barry]
<o:p></o:p>