[net.taxes] Schiff, courts, tax code

alpert@chovax.DEC (01/31/86)

[]
    ...tax prisoners that have broken no laws...
> Why is that a simple fact? I see nothing in your posting which makes
> clear that it is a fact.

We will shortly be examining cases in which the IRS has railroaded
innocent citizens. 
 
>I would assume it's up to the courts to determine what is or
>is not required by the laws of any given jurisdiction. There is
>no question that there is an Internal Revenue Code in your country,
>and that it was enacted by your federal legislators. Whether it
>requires filing, and what filing it requires, can obviously be
>determined by the courts.
	... IRS lawbreaking ...
>Again, if this is so, the courts should be there to protect you.
 
You seem to be living in an ivory tower.  Here in the real world,
the IRS operates in the following manner.  If they feel for whatever
reason that a taxpayer owes back taxes or fines, their idea of "justice"
is for the citizen to pay up front,  and then sue to get their money
back.  If the citizen has any qualms about paying an assesment that has
not been explained, or fines which have been arbitrarily imposed without
so much as a hearing, the IRS will routinely confiscate the citizens's
property and bank accounts without warning, and without so much as a 
court order or any kind of "due process".

As an attorney, I am sure you are aware of the expensive nature
of "justice".  The average citizen is neither wealthy enough to afford
an attorney nor poor enough to qualify for legal aid.  In addition,
the IRS is constantly harassing and intimidating citizens, steals
property without due process, and in general ignores all laws and
court decisions regarding the law.  They are an agency out of control.

 ...juries afraid of IRS...
>I have some difficulty with this analysis. First of all, this "Big Lie"
>that you allege could certainly be counteracted with appropriate proof
>by Schiff's lawyers, assuming they have a legal basis for argument.
>Secondly, are you seriously suggesting that jurors are fearful that
>they personally will be harassed by the IRS if they come down with a
>decision adverse to that agency? I find that suggestion somewhat repugnant,
>and would like to see evidence of such activities.  I have no doubt that
>if any government agency were to try to interfere with the jury system
>in this way, there would be an uproar in the media.

You are once again in your ivory tower, making grand suppositions about
the infallibility of our so-called "justice" system.  Once again, in
the real world, we find lawyers and judges practically sleeping in
the same bed. (For an example of this at the local level, the
Philadelphia Enquirer is doing an expose of this phenomena.)
Seeing as how the IRS has successfully destroyed the careers of several 
Congressmen who have attempted to reform the agency, and is known in 
general to have extraordinary extra-legal powers, the average American, in 
or out of a jury, is indeed frightened of this agency.   
 
> What the IRS presumes is irrelevant once you're into the court system.
> The court, not the IRS, makes the determinations of any tax and
> criminal liability.
 
More ivory-tower stuff.  The IRS plunders at will, the courts rarely
interfere.  The file cabinets of the tax movement are overflowing
with cases of this nature.  We will be examining some of these in
the near future.
 
>                                             ....Americans are not
>known for being reluctant to litigate. If the IRS attempts to exercise
>powers which "go beyond their actual legal authority", then taxpayers,
>obviously, will attempt to stop them by injunction or otherwise.

You underestimate the fear with which most people regard the IRS. 
The IRS routinely ignores all Constitutional rights, they feel free
to harass citizens as they see fit. Yes, we will be looking at some 
examples.

I will also state that in my opinion, the vast majority of lawyers 
are parasites.  They produce nothing and have their greedy hands into
almost everything.  They preach lofty ideals of "justice" yet their
fees and court costs place justice outside the reach of most people.

In the real world, juries are stacked, judges are corrupt, and attorneys
are liars, particularly in cases regarding the IRS. The Constitution
was not written for ambulance-chasers, it guarantees certain rights
for U.S. citizens.  These rights are routinely ignored by the IRS.  
I assume that in your opinion in  Nazi Germany, it was perfectly
all right for Jews and dissenters to be sent to the gas chamber.  Obviously,
their court system would protect them against any abuse of government power,
it must have all been done perfectly legally.  In the U.S., our courts
sanction many abuses of government power, particularly with the IRS. Does
this make these abuses any less offensive because the courts see fit not
to interfere? The IRS does not shoot people or send them to the gas chamber.
They destroy peoples lives through economic means.  This is one of the
few differences between the IRS and the Gestapo.

We will shortly be examining some noteworthy instances of the abuse
of power by the IRS, and will see just how effective the U.S. system
of "justice" is in protecting citizens from government abuse.

			Bob Alpert
			...decwrl!dec-rhea!dec-chovax!alpert

Standard disclaimer:  These opinions are my own.