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  #11  
Old 07-10-2007, 08:12 AM
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I am glad you brought this up because the damn federal "judges" might be obeying the constitution somewhat after all, we just can't figure out the puzzle or find the needle in the haystack.

"The Court's reaffirmation of Schulz I is clear: any legislative scheme that forces a taxpayer to make a “Hobson's choice” between either capitulating to an IRS administrative demand, or risk bearing the pains of IRS's wrath if she refuses to comply -- without access to judicial review, violates the Constitution."

As far as Steve's Notice of Levy, he does not have to make a "Hobson's choice" because I would venture to guess the IRS never uses proper procedure in it's collection activities. Steve's remedy therefore is in Title 26 sections 7433 and 6325.

Quote:
Originally Posted by ooak
This is a court decision that goes directly to the situation...

http://www.givemeliberty.org/RTPLaws...2005-07-04.htm
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  #12  
Old 07-10-2007, 11:51 AM
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Quote:
Originally Posted by rottweiler

"The Court's reaffirmation of Schulz I is clear: any legislative scheme that forces a taxpayer to make a “Hobson's choice” between either capitulating to an IRS administrative demand, or risk bearing the pains of IRS's wrath if she refuses to comply -- without access to judicial review, violates the Constitution."

Do you have a cite?
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  #13  
Old 07-10-2007, 11:58 AM
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Quote:
Originally Posted by ooak
This is a court decision that goes directly to the situation...

http://www.givemeliberty.org/RTPLaws...2005-07-04.htm

Do you know if there is a link to the whole decision on the IRS motion to amend?
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  #14  
Old 07-10-2007, 12:54 PM
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at the bottom of the page are links

http://www.givemeliberty.org/RTPLaws...2005-07-04.htm
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  #15  
Old 07-10-2007, 01:14 PM
ooak ooak is offline
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another case involving the preceeding ruling:

http://www.givemeliberty.org/RTP2/UP...2006-11-08.htm
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  #16  
Old 07-10-2007, 03:47 PM
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Quote:
Originally Posted by ooak
at the bottom of the page are links

http://www.givemeliberty.org/RTPLaws...2005-07-04.htm

Aaah, thanks much!!



June 2005 ruling from the Second Circuit Court of Appeals in Schulz v. IRS barring IRS from enforcing any administrative enforcement action without first filing suit to enforce such administrative action in federal district court and providing the enforcement target an opportunity for a full, adversarial Article III judicial hearing.

http://www.givemeliberty.org/RTPLaws...DENIED6-05.pdf

Last edited by mrg : 07-10-2007 at 04:14 PM.
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  #17  
Old 07-10-2007, 04:11 PM
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Quote:
Originally Posted by ooak
another case involving the preceeding ruling:

http://www.givemeliberty.org/RTP2/UP...2006-11-08.htm

Thanks again.

filed on November 1:

Schulz’s Petition to Quash
http://www.givemeliberty.org/RTP2/MI...-Nov-01-06.pdf

Declaration #1.
http://www.givemeliberty.org/RTP2/MI...Nov1-01-06.pdf


filed on November 3:

Schulz’s proposed Order to Show Cause
http://www.givemeliberty.org/RTP2/MI...-Nov-03-06.pdf

Memorandum of Law
http://www.givemeliberty.org/RTP2/MI...-Nov-03-06.pdf

Declaration #2
http://www.givemeliberty.org/RTP2/MI...-Nov-03-06.pdf

Declaration #3.
http://www.givemeliberty.org/RTP2/MI...-Nov-03-06.pdf


District Court’s Order of November 6th.
http://www.givemeliberty.org/RTP2/MI...der-Nov-06.PDF

Last edited by mrg : 07-10-2007 at 04:57 PM.
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  #18  
Old 07-10-2007, 05:09 PM
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Quote:
Originally Posted by ooak
This is a court decision that goes directly to the situation...

http://www.givemeliberty.org/RTPLaws...2005-07-04.htm


Rather than an article about the case: attached.
Attached Images
File Type: pdf Bob_Shulz_revealing_appeal.pdf (47.7 KB, 4 views)
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Quote:
Originally Posted by Shoonra
It is worth noting that the fealty to the Pope, which you cited for its explicit mention of the Templar abbey in Dover, is the legal basis for the invalidation of the Magna Carta after it was sealed at Runnymede.
During discussion about the Treaty of 1213 and the Magna Charta (1215).

http://www.yale.edu/lawweb/avalon/medieval/magframe.htm
http://www.fordham.edu/halsall/source/john1a.html
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  #19  
Old 07-10-2007, 05:44 PM
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Schulz v. IRS Docket No. 04-0196-cv

Minus the original IRS summons from 2003, Schulz sued on, the papers filed for oral hearing December 13, 2004, and minus the actual 2006 summons to Schulz's bank, (the actual exhibits seem to all be missing) here are all the actual court documents from 04-06:

December 20, 2004 DOJ's legal memorandum on IRS Summons authority
http://www.givemeliberty.org/RTPLaws...Brief12-04.pdf

January 5, 2005 Schulz v. IRS Docket No. 04-0196-cv
http://www.givemeliberty.org/RTPLaws...ing-Jan-05.pdf

March 1, 2005 Attorney General’s brief/DOJ's Motion to Amend the Appellate Order of January 5, 2005
http://www.givemeliberty.org/RTPLaws...mend3-1-05.PDF

March 9, 2005 Schulz's Opposition to DOJ's Motion to Amend
http://www.givemeliberty.org/RTPLaws...end3-09-05.pdf

June 29, 2005 Ruling from the Second Circuit Court of Appeals in Schulz v. IRS, barring IRS from enforcing any administrative enforcement action without first filing suit to enforce such administrative action in federal district court and providing the enforcement target an opportunity for a full, adversarial Article III judicial hearing.
http://www.givemeliberty.org/RTPLaws...DENIED6-05.pdf


filed on November 1:

Schulz’s Petition to Quash Summons, Glens Falls Nat. Bank and Trust Co.
http://www.givemeliberty.org/RTP2/MI...-Nov-01-06.pdf

Declaration #1.
http://www.givemeliberty.org/RTP2/MI...Nov1-01-06.pdf

filed on November 3:

Schulz’s proposed Order to Show Cause
http://www.givemeliberty.org/RTP2/MI...-Nov-03-06.pdf

Memorandum of Law
http://www.givemeliberty.org/RTP2/MI...-Nov-03-06.pdf

Declaration #2
http://www.givemeliberty.org/RTP2/MI...-Nov-03-06.pdf

Declaration #3.
http://www.givemeliberty.org/RTP2/MI...-Nov-03-06.pdf


District Court’s Order of November 6th.
http://www.givemeliberty.org/RTP2/MI...der-Nov-06.PDF


They are still after him.

When does such a pursuit by the IRS hiding beneath the skirts of its servant DOJ claiming to represent THE UNITED STATES devolve to vexatious litigation?

Is there equality under the law?

Is there shown equality under the law where the harmonious etudes of the IRS/DOJ are compared to that of a pro se or pro per litigant sueing IRS, where the question of vexatious litigation might be raised by the IRS via the DOJ through alleged representation of THE UNITED STATES?

All because the IRS can't/won't show on paper in black and white a particular law?

And this is their "return" of a Citizens' information collections request?

Last edited by mrg : 07-10-2007 at 05:47 PM.
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  #20  
Old 07-10-2007, 10:30 PM
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I want to cement in your minds that the United States District Courts are not Article III courts but are Article IV Territorial Courts. Remember the 16th Amendment did not amend anything.

Look at this excert from POLLOCK v. FARMERS' LOAN & TRUST CO., 157 U.S. 429 (1895)
page 604

"The law of congress is also invalid in that it authorizes a tax upon the salaries of the judges of the courts of the United States, against the declaration of the constitution that their compensation shall not be diminished during their continuance in office. The law declares that a tax of 2 per cent. shall be assessed, levied, and collected, and paid annually upon the gains, profits, and income received in the preceding calendar year by every citizen of the United States, whether said gains, profits, or income be derived from any kind of property, rents, interest, dividends, or salaries, or from any profession, trade, employment, or vocation carried on within the United States or elsewhere, or from any source whatever. The annual salary of a justice of the supreme court of the United States is $10,000, and this act levies a tax of 2 per cent. on $6, 000 of this amount, and imposes a penalty upon those who do not make the payment or return the amount for taxation."

The income tax is a tax on corporate profits and that includes the strawman. After all what is a corporation but a man of straw? If a flesh and blood man uses no strawman it would be a direct tax and would require apportionment!!!!

If what I say is true and the strawman is the one liable for a income tax, the man behind it is being taxed indirectly, that does not require apportionment, only uniformity.

This is why the 16th Amendment amended nothing and if your "judge" is liable for income tax he can not possibly be a real judge.

Quote:
Originally Posted by mrg
Aaah, thanks much!!



June 2005 ruling from the Second Circuit Court of Appeals in Schulz v. IRS barring IRS from enforcing any administrative enforcement action without first filing suit to enforce such administrative action in federal district court and providing the enforcement target an opportunity for a full, adversarial Article III judicial hearing.

http://www.givemeliberty.org/RTPLaws...DENIED6-05.pdf

Last edited by rottweiler : 07-10-2007 at 11:55 PM.
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