I’m sure this will come as a shock to some:
In the case Schulz v. IRS, the Second Circuit Court of Appeals in Manhattan ruled:
… 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.
Bob Schulz, the plaintiff, is head of We the People, an organization that has taken separate legal action against the federal government for its failure to answer a “petition for redress of grievances” regarding the income tax. Though the court affirmed a lower court decision in favor of the IRS, saying Schulz’s motion to quash an IRS summons lacked “subject matter,” it used the ruling as a means to clarify the agency’s power under 26 U.S.C. Section 7604.
It’s a charade, people. It always has been. The problem is that the agency has no trouble getting the employers, banks and county clerks to do its dirty business for it. The fact that 90 percent of what the IRS does is illegal doesn’t matter to most people, since everyone in the Land of the Free and the Home of the Brave is too scared to stand on their rights under the law.
I wonder how fast the black robes will move to overturn this ruling? They can’t be bothered to deal with genuinely Constitutional issues, but I imagine that they’ll lose no time in manufacturing an imperative government interest to pave over this little legal obstruction.
Typical tax ruling:
“Prove that you didn’t shoot the man murdered at 50th and Broadway on January 31st at 10 AM.”
“Well, you see, I was out of the country at the time. Here’s my boarding passes. Here’s 50 affadavits from the people in my tour group proving that I was with them viewing Etruscan ruins at that very time. Here’s the police testimony of five witnesses stating that the description of the shooter is a black man eight inches taller than me and 100 pounds heavier. I’m a white woman, by the way. With blonde hair.”
“The evidence is frivolous and cannot be allowed into court. Guilty!”