From the July 2005 Idaho Observer:
Persistence, truth grinding IRS into despotic dust
Contrary to what government tax collectors and their media mouthpieces contend, tax "protestors" are not just a bunch of selfish citizens unwilling to pay their fair share. Most are extremely bright, principled Americans who believe that honor and principle come before fear of lawless government agencies. As a result, the IRS, the income tax it collects, the Federal Reserve system for which it collects income taxes for and the bogus, worthless debt notes being passed as "currency" are being exposed for the grand organized criminal enterprises they are. We can feel ourselves gaining ground on the income tax issue because we can see the government losing ground—in the news, in the courts of law and in the courts of popular opinion.
Banister acquitted on all charges
SAN FRANCISCO—Former IRS agent and Certified Public Accountant Joe Banister was found not guilty by a jury June 23, 2005, on charges of filing false tax returns, aiding and assisting in the filing of false tax returns and willful failure to withhold and pay taxes.
The U.S. claimed Banister conspired with businessman Al Thompson to defraud the government of taxes. Thompson wanted a speedy trial and, though acquitted of conspiracy, was found guilty on other charges and subsequently sentenced to prison for six years.
Banister has been an outspoken critic of the income tax since his superiors refused to answer questions posed in his now famous, 96-page 1998 report, "Investigating the Federal Income Tax." Banister admits to publicly discussing his published findings but did not commit the crimes charged.
Banister’s friend and pro-freedom writer Devvy Kidd attended most of the trial and her report is available at www.newswithviews.com. Devvy noted that the "government" repeatedly attempted to prove that he conspired with Thompson to defraud the government and encourage Thompson’s employees to break the law.
But all of its efforts seemed to backfire as not one government witness was able to show Banister in anything other than an honorable light. Even Banister’s former bosses at the IRS could do nothing to cast a criminal light on Banister’s character.
The trial began June 15. The prosecution rested on June 19. To the shock of everyone in attendance, the defense rested without calling even one witness. The Defense attorneys Jeff Dickstein and Bob Bernhoft seemed to think that the government did a pretty good job supporting their client’s innocence and saw no need to put on witnesses.
Judge William Shubb and attorneys from both sides began wrangling over jury instructions. Devvy noted that the judge, who appeared visibly uncomfortable several times while inept U.S. attorneys were scoring points for the defense during the trial, was doing everything in his power to give the "government" the best shot at a conviction.
The jury returned June 21 for closing arguments and began deliberating the afternoon of that same day. On June 23 they came back with a "not guilty" verdict.
The victory is a definite point for the good guys. The "government" does not dare attempt to challenge Banister on the veracity of his conclusions resulting from his investigation of the federal income tax. So, it attempted to assault his character in trial about willfully defrauding the government and failed.
For more details on the trial, go to Banister’s website at www.freedomaboveforune.com.
Federal judge upholds ruling IRS may not seize property without court order
WASHINGTON, D.C.—On January 29, 2005, We the People reported under the headline, "Dramatic Development," that the U.S. Court of Appeals for the Second Circuit had 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.
On June 29, Judge Straub issued a 13-page decision stating, in part, 1) absent an effort to seek enforcement through a federal court, IRS summonses "to appear, to testify, or to produce books, papers, records, or other data," 26 U.S.C. Section 7604, issued "under the internal revenue law, " id., apply no force to the target, and no punitive consequences can befall a summoned party who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order..."
The entire decision, which can be found at www.givemeliberty.org, prohibited the IRS from engaging in several other forms of abuse that have been a pattern with the "government’s" revenue collector.
Between Banister’s win in California June 23 and Schulz’s win in D.C. June 29, the IRS has taken two major hits in one week from courts that traditionally allow the agency to abuse people at will.
"Government" having trouble continuing its persecution of "zero tax return" man
LAS VEGAS—Irwin Schiff appears to have left the "government" that has been persecuting him for the last two years speechless.
In his most recent filing in UNITED STATES v. Irwin Schiff, Cynthia Neun and Lawrence Cohen, Schiff motioned for the case to be dismissed. "COMES NOW this Defendant and asks this Court to dismiss the charges against me as contained in the instant indictment, since I have been charged with committing "offenses against the laws of the United States" that do not exist, and the law itself has sought to protect me from such prosecution; however this Court is apparently prepared to disregard both the law and the protection it was designed to provide," Schiff, as himself, informed the court in his motion to dismiss.
Since the IRS raided his office, seized a moving van full of records and inventory from his bookstore, banned the sale of his book "The Federal Mafia," and enjoined Schiff from talking about the income tax, the tax-honesty icon has frustrated the government’s efforts to shut him down and shut him up.
On April Fool’s Day, 2004, Schiff claimed the court had no subject matter jurisdiction because he was charged under Title 26 and was being criminally prosecuted even though "government’s" remedies under Title 26 are exclusively civil. "Government’s" response evaded that point of law, Schiff observed.
Schiff claims that the "government" has yet to produce even one regulation applying to income tax showing its authority (or the enforcement authority of IRS agents) comes from any statutes. "If the government in its Response produces any such regulation, I will plead guilty to all charges," Schiff informed the court.
"What does this mean? It obviously means that this Court, in conspiracy with the Justice Department, is seeking to prosecute me (and the other defendants) for "crimes" that do not exist, pursuant to a jurisdiction it does not have."
The Court has set a trial date for August 29, 2005, even though it has not yet denied any one of four motions Schiff has filed challenging jurisdiction. Curiously, Magistrate Judge Leavitt ruled that the raid on Schiff’s place of business was illegal as a matter of law.
Schiff believes that he has cracked the IRS nut and the "government" has engaged in a multiplicity of procedural errors in his case to avoid the truth—that there is no law compelling anyone to pay income taxes.
* Anything created from nothing remains nothing.
* We cannot pay taxes with money created from nothing because the money is nothing.
* Nobody wants us to pay taxes. IRS does not ask for money, they only ask for paper. They want us to pretend or be punished.
* We can pretend that our misleaders spend and pretend we are free.
* SS can give every retiree checks for $1million without raising taxes. There is no relation between what SS collects and what they deliver. They can do anything they want to do.
* You know nothing about government if you believe it pays for things.
Ask for the audio of Merril Jenkins standing ovation speech. firstname.lastname@example.org
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