Hi Alex and Marko,
Ain't fair, but they "can" quote their cases. We cannot due to the Severability Clause. "We" and "they" ain't equal. "They" prevail.
Ain't fair, but.......
"Alex R. Knight III" <knightgallery@...> wrote:
Marko: This is great!! Maybe everyone should print this out and bring it to any
CDPH hearings they may have, when the clowns try to poo-poo the importance of regs,
the Federal Crop case, etc. Just another arrow in the quiver...
Marko Caric wrote:
> I think its pretty stupid how IRS brings up the old lost Schiff cases in
> their propaganda when these cases set NO precedences. As it CLEARLY states
> in the IRM, Decisions made by lower courts, such as Tax Court, District
> Courts, or Claims Court, are binding on the Service only for the particular
> taxpayer and the years litigated. Maybe if more people know about this, less
> money will be available for the nazi goons.
> Internal Revenue Manual [4.2] 184.108.40.206 05/14/99
> Importance of Court Decisions
> 1. Decisions made at various levels of the court system are considered to be
> interpretations of tax laws and may be used by either examiners or taxpayers
> to support a position.
> 2. Certain court cases lend more weight to a position than others. A case
> decided by the U.S. Supreme Court becomes the law of the land and takes
> precedence over decisions of lower courts. The Internal Revenue Service must
> follow Supreme Court decisions. For examiners, Supreme Court decisions have
> the same weight as the Code.
> 3. Decisions made by lower courts, such as Tax Court, District Courts, or
> Claims Court, are binding on the Service only for the particular taxpayer
> and the years litigated. Adverse decisions of lower courts do not require
> the Service to alter its position for other taxpayers.
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Alex R. Knight III
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