Hello Everybody!!
I don't know if any of you remember John Wilde (g'day) or know of him. He ws doing a debt cancellation thing about 3-4 years ago. He had paralegals working for you and you bought his $1500 package and your debt will go away. He was working very hard on how to discharge a mortgage (I don't think they refered to it as a discharge tho). Then all of the sudden his site went down and people were left with nowhere to go. Gosh have you ever heard of such a thing?? LOL
Any way a friend of mine sent me his post about this case. I have my opinion of the things he says, but I am very interested in what y'all think.
Sent: Monday, January 31, 2005 11:45 AM
Subject: Follow Bob Schultz if you want to go to jail.
> Follow Bob Schultz if you want to go to jail.
The IRS did not lose. Bob did. Bob still doesn't understand what is involved in first party summons cases. So I am going to explain it and then I am going to suggest that if you ever receive a first party summons from the IRS that you DON'T do what Bob has done or suggested. All it will more than likely do is put you in jail for contempt of court. First, it was Bob who filed the Petition to Quash. It was the government who filed the Motion to Dismiss and it was the motion to dismiss that was granted by the district court and it was the dismissal that was upheld by the 2nd circuit. Unless you are David Miller and Right Way Law, to think that having your case dismissed on a Motion to Dismiss is a win....... well. Here is how the process works for first party summonses and the problems that will come from Bob's statements if we don't stop him now. The IRS issues a summons to you. You have two choices you can go or you can stay home. From there the IRS has two choices, they can ask the DOJ to petition to enforce or they don't ask. If the IRS doesn't ask, no harm no foul and everything stays as is. If on the other hand the IRS does request enforcement (which is more than likely) and the DOJ does petition to enforce, then you have two choices, you can defend or not. If you don't defend, the Court will issue an order for you to comply with the summons. If you don't comply with that order, then you could be held in contempt of court. I can guarantee that the gummint will seek a contempt order of the findings of contempt will be some jail time. If you choose to defend, you might or you might not prevail. If you prevail, the Petition is Dismissed, no harm no foul. If you don't prevail, then
> the Court will still issue the order for you to complay and you will face the same situation as in the paragraph before. Here is the danger in Bob's view of the case.
> The IRS is now very likely to start issuing first party summonses to all of the people who are a party to the Redress Suit. Based upon what Bob has just posted, the people are not going to appear in response to the summons.
> They're going to wait for the magical court order. Well it isn't going to come that way. It will come through a petition to enforce as I mentioned before and these people aren't going to have a clue how to handle that. here are going to be a myriad of people who are going to be held in contempt and jailed because Bob has completely
> misinterpreted what the court said. This man is clueless and he just became one of the most dangerous men to freedom than we have seen in decades. What should be done when you receive a first party summons. You should appear and learn how to take fifth amendment as each question is asked. 9 out of 10 times the gummint will not seek to enforce the summons when the fifth amendment is taken. This is the most swift and expedient means of taking care of a first party summons. So if you want to have the greatest opportunity to go to jail for contempt, by all means follow Bob. If you don't then learn the process for dealing with the first party summons. g'day John Wilde crystal1281960
> wrote: January 29, 2005Dramatic Development: >U.S. Court of Appeals
> Rules IRSCannot Apply Force Against A Tax PayerWithout A Court Order
> Tax Payers Free To Ignore An IRS Summons
>
http://groups.yahoo.com/group/tips_and_tricks/
Kitchie