[LWAN]: Commenting on the IRS (while it's still legal)
What follows is an email update I just received--unedited by yours truly. It is from a group called LWAN, Life Without A Number (SSN). These are folks who are on the front lines fighting federal tyranny. At the very least, keep them in your prayers as they quite peacefully battle tyranny far worse than what our Founding Fathers endured (at least prior to the war).
Wayne
------------------forwarded message----------------
The title isn't factitious. The IRS/DOJ is seeking among other things to
prohibit the Save-a-Patriot Fellowship and it's members from speaking out
about the IRS and I'm a member.
This is being done in the form of a civil injunction which is presently
being litigated. Among the terms sought by the IRS is a prohibition of
dispensing any kind of information in any form that might pursuade people
to break any internal revenue laws, or selling any information about the
IRS that basically just makes them look bad. As of this writing the
injunction is not in place.
I do not have any kind of tax license and I've never advised anyone not to
file tax returns. So far as I know SAPF has never given such advice either
as SAPF founder and fiduciary John Kotmair has always been up front about
never doing such a thing in the 13 years I've been familiar with him.
I understand it is illegal to give tax advice in this country without a
license. From that we can certainly infer that we unlicensed are legally
unqualified to understand what the tax laws really mean and say. In which
case there's no way I can ever know if what I say or do violates some
portion of this apparently nebulous tax code that is legally beyond my
comprehension.
I am therefore both legally unqualified to understand the tax laws and yet,
with the injunction sought, required to know what requirements it makes so
as to not advise people to break any of those laws.
I'll try my best.
But whatever the tax requirements may be for everyone, the IRS has butted
heads with a number of those in the so-called "tax honesty movement" which
certainly should be highlighted.
First, the SAPF suit is being litigated now. SAPF has lost the initial
lower court case as well as the initial appeal. Not all avenues have been
exhausted and I know John Kotmair of SAPF will not concede an inch, taking
advantage of every legal avenue available. It's important to note that
being civil case, no criminal wrongdoing is alleged. The IRS already
alleged criminal activity against SAPF back in 1993 when they raided the
fellowship. They lost that case and had to return everything they took
from the fellowship at the point of a gun. Lots of guns, actually. Having
lost that case "with prejudice", they could not file the same criminal
charges again.
But where they failed criminally they can try civilly. It's easier to
prove your case in a civil court since the evidence doesn't need to be as
strong as per court rules.
Second, Ed and Elaine Brown of New Hampshire stopped filing tax returns
after they concluded the law did not require them to file. They were
charged with tax crimes but boycotted their own trial when they believed
they were not permitted to give their honest defense. Court rules
currently require the desired defense be approved by the judge before it
can be presented to a jury. They were convicted and sentenced in
abstencia, but Ed Brown's position is that he will not be taken quietly.
The Browns have returned to their New Hampshire home to await whatever
happens next.
The federal response has been tempered thus far. The Browns' home is not
barracaded, at least in any obvious manner, and friends just drive up
his driveway and knock on the door when visiting, that in spite of media
reports that his home is now a "compound". (Homes and churches are
automatically converted to compounds when the feds train their sights on
them, in case you didn't know).
Certainly the feds have a political consideration with the Browns, as a
raid that results in any deaths will be a replay of the stand off at Ruby
Ridge where 2 family members of the (falsely) accused (via sting operation)
were shot and killed along with one federal marshall, or more infamously,
the Waco Texas tragedy in which 4 federal agents were killed and some 80
followers of David Koresh, including many children, were killed when the
wooden church burned down in high winds during the final tank assault.
(The sniper who killed Randy Weaver's wife at Ruby Ridge was exhonerated
from state murder charges when the feds moved to have the case first
transferred to federal court and then to have the charges dropped).
Ruby Ridge and Waco have served as rallying cries for the modern militia
movement who believe the federal government has become tyrannical, and the
feds certainly know that if there are any deaths on the Brown's estate it
will be a third log on the fire.
There was a federal pseudo military operation undertaken against the Browns
on June 7th, but it was aborted when they were discovered by a
friend, Danny Riley, walking the Browns' dog during the early morning. He
reported spotting an armed man in the woods near the end of the long
driveway and was so oblivious to the prospect of a raid that he first
assumed the camauflaged man was turkey hunting. He reported being fired
upon (misses), tasered, and arrested but later released and warned not to
return to the Browns or talk to the press. His video account can be seen here:
http://video.google.com/videoplay?docid=30830...
A federal marshall gave a press release claiming they were there only to
conduct surveillance but had to abort their operations after being
discovered. No mention was made of whether shots were fired, and no
explanation was made as to why mere surveillance required such secrecy.
It's easy to believe the feds were there for the sole purpose of forcibly
apprehending the Browns. That they aborted the operation seems evidence
enough of that.
http://video.google.com/videoplay?docid=14904...
Third, Sherry Jackson, former IRS agent has been charged in April with 4
counts of willful failure to file tax returns. The award winning agent/CPA
turned private tax consultant answered a challenge to find the law that
made most Americans liable for the income tax and was unable to find one.
She became outspoken about what she has NOT found, and, as the charges
indicate, seems to have stopped filing herself.
As is often the case with consciencious non-filers, greed is hardly a
motive as they usually fair worse in taking such stands than those who just
keep their jobs and file. Jackson reports the IRS demanded her tithing
records from her church in order to ascertain how much she earned. The
irony of a supposed tax evader tithing to a church seems lost on the IRS
investigators.
Jackson gives a brief history of her findings and experience with the IRS
on these youtube links:
http://youtube.com/watch?v=s1UT2Ms5E2k
http://youtube.com/watch?v=F9PSYkWIuIs
Hopefully she will prevail against the IRS.
Fourth, Louisiana attorney Tom Cryer was acquitted last month of 2 counts
of willful failure to file after he, too, concluded that there was no law
requiring him to do so. Victories for non-filers in court have been rare,
mostly because the IRS gets to choose who to take to court. For obvious PR
purposes, the IRS seems to only choose people whom they expect to have a
high percentage chance of convicting, and leave the rest. High profile
names also get added attention, again for PR purposes. Tom Cryer, the Hall
of Fame attorney, and honor graduate of LSU Law School apparently beat
those odds.
Finally, Bill Benson. A gentleman who's being sued in civil court over his
research involving the ratification of the 16th Amendment of the US
Constitution, the so-called "income tax" amendment. The 16th Amendment is
what most tax preparers and judges today consider to be the authority for
the federal government to tax incomes. Benson's book "The Law that Never
Was" makes a case that the 16th was never legally ratified, contrary to the
claim by Secretary of State Philander Knox just before leaving office in 1913.
While the 16th did not actually confer any new tax powers as per Supreme
Court decisions shortly after ratification, for those who think otherwise
Benson's research is quite significant. Benson visited all capitals of all
states in existance in 1913 involved with the ratification of the 16th
Amendment for the legislative archives of their discussion and vote on the
amendment. He concluded that there were, in fact less than the
Constutionally required 3/4's of the union states that had voted in favor
of the amendment.
It includes the states of Texas and Louisiana who's state constitutions
prohibit voting in favor of any new taxing power for the federal
government. Although, again, if the 16th doesn't actually confer any new
taxing power that would be okay but since modern trial judges and the IRS
keep saying it did confer new power.... the irony of the whole affair runs
deep.
But Bill Benson claims no more than 20 of the required 36 states actually
formally or legally approved of the 16th Amendment.
They are in court now to try to force Benson to not make his book available
and to turn over the names of all past customers who have purchased it.
Recently 3 interested anonymous parties came aboard for Benson's defense.
Two of whom have purchased Benson's material and one who wants to but is
afraid of IRS retributions if she buys it. These parties create a legal
question that must be answered by that court as to the impact of the IRS
suit against those innocent 3rd parties.
The IRS has their hands full with these cases, but unlike those they
attack, the IRS also has an unlimited budget.
Bill Benson's web site is here:
http://www.thelawthatneverwas.com/new/home.as...
A summary of IRS activity isn't complete without mentioning Aaron Russo's
film, "America: From Freedom to Fascism". Aaron Russo is a well know name
in Hollywood circles. For anyone interested in federal income tax matters,
it raises very good questions. The DVD can be found on the web at this link:
The full length feature can also be seen on the web here:
http://video.google.com/videoplay?docid=-1656...
Make of it what you will. Today, while I am still allowed to be, I'm just
the messenger.
Neil McIver












