Here's some docs related to the case
Here are the docket and pleadings from a recent “income” tax case, criminal in nature, that was prosecuted by the USA.* It appears that it was over from start to finish in just under 60 days.* Oscar Stilley, who has been known to collaborate with Lindsey Springer, was the attorney for the defense.* As you may or may not know, most of the time in these tax cases, the defense stipulates to the exhibits of the prosecution, and that, together with jury instructions, is pretty much that for the defendant.
*You can see from the exhibits the government introduces that the evidence consists mostly of transcripts (IRS records), which will be attested to by some agent as being the basis for the violation.* It appears to be fatal error to allow these to be put up and attested to without a fight.* After all, who was that data entry clerk and what personal first hand knowledge did she/he have of the material he/she was inputting?* No objection, no basis for appeal.
*Stilley didn’t stipulate to anything, and you can see by his bill of particulars that he wanted definite charges defined.* Also, he asks when where and how a tax was assessed, when penalties were assessed and what kind of tax the defendant was charged with having to pay, or was his crime that he didn’t file?* If it was that he didn’t file, what form specifically, was he mandated to file?* Later, the bill of particulars was denied.* It is my understanding that Stilley insisted that the speedy trial time be kept, and didn’t give the USA much wiggle room.* I love Stilley’s proposed voir dire.*
When Stilley entered his exhibits, which were most of the exhibits from Lindsey’s website
www.penaltyprotestor.com or
www.penaltyprotestor.org , which shows there is no valid OMB number on the 1040 forms, which are merely information gathering type forms and must have a valid OMB #.* Oops.*
The USA says, at this point, that they didn’t know Stilley was going to the Paperwork Reduction Act, and they’d need more time to get their witnesses in line to attest to the PRA as to who is required to fill out the non valid OMB # forms, or who is NOT required to fill them out.* The government was given till close of business on the 12th to put up their list of witnesses.* Instead, it put up a motion to dismiss with prejudice and the order was signed.
Good News.
