War Against Federal Tyranny And The Misapplication of Income Tax

We The People, fighting to return America to rule of law under the U.S. Constitution and the Bill of Rights. "...That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government..." --- Declaration of Independence "Tell me when did liberty ever exist when the sword and the purse were given up?" --Patrick Henry

Sunday, February 06, 2005

IRS Gets Spanked Good By Court

In perhaps what is to become a landmark case, the 2nd Circuit Court of Appeals has ruled in Schulz v. IRS that the IRS cannot force a person to comply with a summons and give up his personal or private property absent a valid court order from a Article III Federal court.

The Appellate ruled further that "...[a taxpayer] cannot be held in contempt, arrested, detained, or otherwise punished for refusing to comply with the original IRS summons, no matter the taxpayer's reasons, or lack of reasons for so refusing." (emphasis added)

This ruling may prove to severely limit or even eliminate (in some cases) the IRS's daily routine of conversion of property (theft) by administrative notice (liens, levies, garnishments, etc.) without having first gone through an evidentiary hearing and securing a court order in their favor.

Isn't it about time that our 4th and 5th Amendment rights are honored as they should be?

Get the whole story here.