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40.00 ILLEGAL TAX PROTESTERS

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  • kasgs300
    http://cybersafe.gov/tax/readingroom/2001ctm/40ctax.htm Any in put on this manual, not sure if I could post the link but thought it would be easy than a long
    Message 1 of 5 , Dec 5, 2007
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      http://cybersafe.gov/tax/readingroom/2001ctm/40ctax.htm

      Any in put on this manual, not sure if I could post the link but
      thought it would be easy than a long paste.




      Updated October 2001
      40.01 GENERALLY

      40.02 SCHEMES
      40.02[1] Paper Terrorism
      40.02[1][a] Harassment Schemes
      40.02[1][b] Bogus Financial Instruments
      40.02[2] Warehouse Banks
      40.02[3] Trusts
      40.02[4] Church Schemes
      40.02[4][a] Generally
      40.02[4][b] Vow of Poverty
      40.02[4][c] Charitable Contributions
      40.02[4][d] First Amendment Considerations

      40.03 TRIAL TACTICS/CONSIDERATIONS
      40.03[1] Criminal Summons
      40.03[2] 26 U.S.C. § 6103(h)(5) Juror Audit Information
      40.03[3] IRS Agents' Authority
      40.03[4] Indictment Not Sufficient Notice of Illegality
      40.03[5] Filing of Protest Documents: Is the Document Filed a
      Tax Return?
      40.03[5][a] Generally
      40.03[5][b] What Is a Tax Return?
      40.03[5][c] What Is or Is Not a Tax Return: A Matter of
      Law
      40.03[6] Discovery of IRS Master Files
      40.03[7] Motions in Limine
      40.03[8] Attorney Sanctions
      40.03[9] Evidentiary Issues
      40.03[9][a] Prior or Subsequent Tax Protest Activities:
      Rule 404(b)
      40.03[9][b] IRS Agent's Testimony and Sequestration
      40.03[9][c] Admissibility of IRS Computer Records
      40.03[10] Use of Pseudonyms by IRS Revenue Agents and Officers
      40.03[11] Jury Nullification

      40.04 WILLFULNESS

      40.05 DEFENSES
      40.05[1] Good Faith
      40.05[1][a] Reliance on Return Preparer/Accountant
      40.05[1][b] Reliance on Advice of Counsel
      40.05[1][c] No Defense in Non-Tax Cases
      40.05[2] Constitutional Challenges
      40.05[2][a] Fourth Amendment -- Unreasonable Search and
      Seizure
      40.05[2][b] Fifth Amendment -- Due Process; Freedom from
      Self-incrimination
      40.05[2][c] Tax Laws Are Unconstitutionally Vague
      40.05[2][d] Sixteenth Amendment Never Ratified
      40.05[3] Selective Prosecution and Freedom of Speech
      40.05[3][a] Generally
      40.05[3][b] Selective Prosecution Defense
      40.05[3][c] Freedom of Speech
      40.05[4] District Court Lacks Jurisdiction of Title 26 Offenses
      40.05[4][a] Generally
      40.05[4][b] The Gold-Fringed Flag ("The American Maritime
      Flag of War")
      40.05[5] Filing Income Tax Returns Is Voluntary, Not Mandatory
      40.05[6] Wages Are Not Income
      40.05[7] Defendant Not A "Person" or "Citizen";
      District Court Lacks Jurisdiction Over Non-Persons and
      State Citizens
      40.05[7][a] Generally
      40.05[7][b] Filing U.S. Nonresident Alien Income Tax
      Return
      40.05[8] IRS Has Duty to Prepare Returns for Taxpayer (26
      U.S.C. § 6020(b))
      40.05[9] Violation of the Privacy Act
      40.05[10] Federal Reserve Notes Are Not Legal Tender
      40.05[11] Form W-2 As Substitute for Form 1040
      40.05[12] Paperwork Reduction Act ("PRA") Defense
      40.05[13] Lack of Publication in the Federal Register
      40.05[14] Taxpayer's Name in Capital Letters or Misspelled
      40.05[15] Tax Protest Against Government Spending
    • rebel382003
      kasgs300 has informed us of the link to the government s website of courtroom protests to the income tax. The sheer length of the list of tax
      Message 2 of 5 , Dec 6, 2007
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        "kasgs300" <kasgs300@...> has informed us of the link to the
        government's website of courtroom protests to the income tax.

        The sheer length of the list of tax resisters and the multitude of
        claims is amazing. And I am sure the number of cases identified is
        but a small fraction of the actual cases taken to court.

        Note also that [40.03[8] Attorney Sanctions] gives evidence that
        various presentations of claims challenging the existence of
        liability, and unacceptable trial dramatics, has resulted in
        sanctions. Becraft paid $2500 and may well be intimidated about
        having his license suspended for any further filing. It is
        submitted the legal analysis made by lawyers in prior cases has not
        been as documented as in the MOTION TO SET ASIDE VERDICT posted as
        #15631 on this board December 5.

        Reb
        ******************************
        >
        > http://cybersafe.gov/tax/readingroom/2001ctm/40ctax.htm
        >
        > Any in put on this manual, not sure if I could post the link but
        > thought it would be easy than a long paste.
        >
        >
        >
        >
        > Updated October 2001
        > 40.01 GENERALLY
        >
        > 40.02 SCHEMES

        > ****SNIPPED******
      • BOB GREGORY
        I think the IRS does around 300 criminal prosecutions per year. That is a significant number, but not very large in comparison to the number of people who do
        Message 3 of 5 , Dec 6, 2007
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          I think the IRS does around 300 criminal prosecutions per year.  That is a significant number, but not very large in comparison to the number of people who do not file tax returns.  An estimate by the IRS several years ago was that around 63,000,000 people who had an apparent requirement to file did not file.  That number is probably larger now.

          The principal tactic of the IRS is to intimidate.  Part of that intimidation is  making examples of people to keep the rest in line.  The IRS is quick to announce all of its wins, but never mentions its losses.  Becraft has wins and losses, just as most attorneys do.  A fine of $2,500 is no fun, but it's only around eight hours work for an attorney.  It would be interesting to know how much he made just from Tom Cryer (whose case he won) and Sherry Jackson (whose case he lost).  Some people strongly criticize Becraft, but they need to realize that if a person is not making mistakes and losing occasionally, he is probably playing it very safe or not willing to deal with the serious challenges.


          rebel382003 wrote:


          The sheer length of the list of tax resisters and the multitude of
          claims is amazing. And I am sure the number of cases identified is
          but a small fraction of the actual cases taken to court.

          Note also that [40.03[8] Attorney Sanctions] gives evidence that
          various presentations of claims challenging the existence of
          liability, and unacceptable trial dramatics, has resulted in
          sanctions. Becraft paid $2500 and may well be intimidated about
          having his license suspended for any further filing.


        • Yannis Mousouros
          Re: Right to due process memory refresher, with valuable legal a material for free. Good comments. It is worth reading this on the right to due process etc.:
          Message 4 of 5 , Dec 6, 2007
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            Re: Right to due process memory refresher, with valuable legal a material
            for free.

            Good comments. It is worth reading this on the right to due process etc.:



            http://www.houstonlawreview.org/archive/downloads/41-4_pdf/book.pdf



            There must be, nevertheless, a similar source with legal tax protesters tax
            manual.

            Does anyone have any such information to contribute to the rest of us legal
            tax objectors?

            Yannis



            The sheer length of the list of tax resisters and the multitude of
            claims is amazing. And I am sure the number of cases identified is
            but a small fraction of the actual cases taken to court.
          • vivus_spartacus
            BOB GREGORY wrote: Some people strongly criticize Becraft, but they need to realize that if a person is not making mistakes and losing
            Message 5 of 5 , Dec 6, 2007
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              "BOB GREGORY" <rhgusn@> wrote:

              "Some people strongly criticize Becraft, but they need to realize
              that if a person is not making mistakes and losing occasionally, he
              is probably playing it very safe or not willing to deal with the
              serious challenges."

              HMMM, So if the USDC Lacks ANY Grant of "Criminal" Jurisdiction /
              Authority to even Hear such Matters, it shouldn't bother Clients
              since what they "Don't Know Can't Hurt Them"???


              Or when their Attorney Fails so miserably in the Jury Selection
              Process that the moment same were seated, the U.S. Attorneys
              realized they had a Slam Dunk and therefore were able to
              successfully put forth a Massively Abbreviated Case against Sherry
              Jackson, the client should chalk it up to the Attorney wanting
              a "serious challenge" or not wanting to "play it safe"???

              When it comes to Attorneys (Officers/Friends of the Court) it is
              best to remember: "If you want something Done Right..."

              "Wisdom is the principal thing; Therefore get wisdom. And in all
              your getting, Get understanding. Proverbs 4:7


              "vivus spartacus"
              All Rights Reserved (In the 9th Amendment)
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