We The People Continues to Impress!

[BOBT12]

Originally Posted by We The People, Inc.

IRS Enjoined For Violating
US Court of Appeals Order

Schulz v IRS Bares Its Teeth

On November 6, 2006, a federal judge issued an order enjoining, prohibiting and restricting the IRS from enforcing a summons the IRS had served on the Glens Falls National Bank and Trust Company demanding WTP Chairman Bob Schulz’s personal bank records.

On November 1st Schulz petitioned the Court to Quash the Summons on the ground that it was issued in spite of constitutional prohibitions barring retaliation by the government against those exercising Constitutionally protected Rights, including the First Amendment Right to Petition.

Schulz also charged the Summons was a brash act of insolence by IRS for violating a 2005 ruling from the Second Circuit Court of Appeals which defined the Due Process requirements for enforcing IRS administrative actions, and that IRS had acted in bad faith. Like Schulz, the bank is question is also domiciled in the Second Circuit.

On November 3rd Schulz asked the Court to order the IRS to Show Cause why the IRS should not be enjoined from enforcing the Summons until the case was finally determined, including any appeal thereof. Schulz also asked the Court to include a TRO in its order.

The District Court Order granted Schulz all the protections he requested, including ordering IRS to immediately notify the Bank by telephone that it was not to comply with the demands of the Summons.

And Schulz continues to impress!

I have personally been using Schulz v. IRS (04-0196-cv) in my refusal to obey an IRS summons to see my records. I have not signed IRS forms in almost nine years.

I hope that WTP will make the most of this current positive court Order.

[Shoonra]

Looking at the pdf of this Nov. 6th order on the WTP website, it was not an injunction. It was merely an order to show cause, with a response date of Nov. 16. This kind of thing is fairly common and presuming that the end result is that Schulz will win and the IRS will lose would be a serious mistake.

[mrg]

Originally Posted by BOBT12

And Schulz continues to impress!

I have personally been using Schulz v. IRS (04-0196-cv) in my refusal to obey an IRS summons to see my records. I have not signed IRS forms in almost nine years.

I hope that WTP will make the most of this current positive court Order.

I hope so too.

IRS summons can be ignored if there is no court order.

[Shoonra]

Nobody else bothered to mention that, on Tuesday, Nov. 14th, 2006, the Second Circuit rejected all of Schulz's arguments and affirmed the EDNY decision of Dec. 5th, 2005, in the case of Schulz v. IRS.