Dramatic Development: IRS Tax Payers Free To Ignore An IRS
Tue Feb 1, 2005 02:49
64.140.158.56
January 29, 2005
Dramatic Development:
U.S. Court of Appeals Rules IRS
Cannot Apply Force Against A Tax Payer
Without A Court Order
Tax Payers Free To Ignore An IRS Summons
Queensbury, NY On January 25, 2005, the U.S. Court of Appeals for the Second Circuit held that taxpayers cannot be compelled by the IRS to turn over personal and private property to the IRS, absent a federal court order.
Quoting from the decision (Schulz v. IRS, Case No. 04-0196-cv),
...absent an effort to seek enforcement through a federal court, IRS summonses apply no force to taxpayers, and no consequence whatever can befall a taxpayer who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order [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.
Without declaring those provisions of the Code unconstitutional on their face, the court, in effect, nullified key enforcement provisions of the Internal Revenue Code, stripping the IRS of much of its power to compel compliance with its administrative demands for personal and private property. The court characterized IRS summonses issued under Section 7602 as mere requests.
(continued...)
Click Here For The Full Article And The Court of Appeal's Decision.
http://www.givemeliberty.org/
Dramatic Development:
U.S. Court of Appeals Rules IRS
Cannot Apply Force Against A Tax Payer
Without A Court Order
Tax Payers Free To Ignore An IRS Summons
Queensbury, NY On January 25, 2005, the U.S. Court of Appeals for the Second Circuit held that taxpayers cannot be compelled by the IRS to turn over personal and private property to the IRS, absent a federal court order.
Quoting from the decision (Schulz v. IRS, Case No. 04-0196-cv),
...absent an effort to seek enforcement through a federal court, IRS summonses apply no force to taxpayers, and no consequence whatever can befall a taxpayer who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order [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.
Without declaring those provisions of the Code unconstitutional on their face, the court, in effect, nullified key enforcement provisions of the Internal Revenue Code, stripping the IRS of much of its power to compel compliance with its administrative demands for personal and private property. The court characterized IRS summonses issued under Section 7602 as mere requests.
(continued...)
Click Here For The Full Article And The Court of Appeal's Decision.
http://www.givemeliberty.org/
- The “861 Evidence” — Tue Feb 1 03:01
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