Cut and Paste from my email.......
Quote:
Lately I have been having a rash of people that I have either helped directly or indirectly have had "agents" of that agency that goes by the "stage name" of "IRS" show up and claim to be "CID-Agents" asking questions. Well, since they are showing up without warrants, "fishing" for information, you are under no obligation to answer them... heck, even if they have a "warrant" you are not obligated to talk to them. However, if you are feeling "lacking" in ability to make them "go away," here is some "ammunition" to help you "encourage" them to LEAVE.
First thing, is absolutely establish WHO they are. If they really are IRS-CID "agents" then they will be willing to show you their "Pocket Commission" which the last item on the "ID-Number" should be the letter "E" for "EnFORCEment." If you want at this point you can ask them if they believe they work for the "IRS?" You can, if you wish, inform them that due to the "E" on the P.C. they are actually agents for the B.A.T.F. and let them know that you have absolutely no alcohol distillery equipment, you don't manufacture firearms, and as they can plainly see, there is not enough room on your property for raising of tobacco, so "shoo" and "go away."
If you want to "hit them" with more, then here is some info for you to look at:
http://users.erols.com/scambos/ta03005.htm
Ask them what they are doing outside their "jurisdiction" and why don't they think about going back to Washington, District of Criminals, as we are law-abiding here. If they actually admit that they are not part of "The Government," by saying that 4 USC 72 "does not apply" to them, then tell them to go back to their "company headquarters" in Puerto Rico... however, in ANY case, just GO AWAY.
Remember, don't tell them anything, just keep asking questions, for a closed mouth (not telling them anything) gathers no foot!
If you absolutly feel you must tell them something, and they have anything with my name on it (this has happened at least once), you can tell them they can find me right next door to their company headquarters, the Beauro of Internal Revenue of Puerto Rico, A.K.A. the IRS.
L8r,
Marcel Roy Bendshadler
Constitutional Counsellor
Unquote:
4 U.S.C.. Sec. 72. Public Offices
§ 72. Public offices; at seat of government.
All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law.
And what does the Supreme Court say about Federal jurisdiction in the territories, as opposed to in the States ?
“The laws of Congress in respect to those matters {outside of Constitutionally delegated powers} do not extend into the territorial limits of the States, but have force only in the District of Columbia, and other places that are within the exclusive jurisdiction of the national government.” [Caha v. United States, 152 US 211]
“Constitutional restrictions and limitations were not applicable to the areas of land, enclaves, territories and possession over which Congress had exclusive legislative authority” [Downes v. Bidwell, 182 US 244]
“Special provision is made in the Constitution for the cession of jurisdiction from the States over places where the Federal government shall establish forts or other military works. And it is in these places, or in territories of the United States, where it can exercise a general jurisdiction.” [New Orleans v. United States, 35 US (10 Pet.) 662 (1836)]
“It is well established principle of law that all federal legislation applies only within the territorial jurisdiction of the United States unless a contrary intent appears” [Foley Brothers, Inc. v. Filardo, 336 US 281 (1948)]
“Jurisdiction is essential to give validity to the determinations of administrative agencies and where jurisdictional requirements are not satisfied, the action of the agency is a nullity..” [City Street Improv Co. v. Pearson, 181 C 640, 185 P. (1962); O’Neil v. Dept. of Professional & Vocational Standards, 7 CA2d 393, 46 P2d 234]
“The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings” [Hagans v. Lavine, 415 US 533]
“Failure to adhere to agency regulations may amount to denial of due process: if regulations are required by Constitution or statute.” [Curley v. United States, 791 F. Supp. 52]
“Indeed, on this crucial point, the majority and Justice Breyer agree in principle: the Federal government has nothing approaching a police power.” [United States v. Lopez, No. 93-1260, 115 S. Ct. 1624, 131 L. Ed. 2d 626]
“...the commerce clause...has always been understood as limited by its terms; and as a virtual denial of any power to interfere with the internal trade and business of the separate states” [United States v. DeWitt, 76 US 41 9 Wall 4, 19 L. Ed 593]
“for federal tax purposes, federal regulations govern.” [Dodd v. United States, 223 F Supp 785; Lyeth v. Hoey, 305 US 186,, 59 S. Ct 155]
