[net.taxes] Update on Schiff / IRS tape

alpert@chovax.DEC (01/18/86)

[This note is about 75 lines long.]

	"If a nation values anything more than freedom, it will
	 lose its freedom; and the irony of it is that if it
	 is comfort or money that it values more, it will lose
	 that too."
			-- Somerset Maugham

	"In this room, I am the law, not the Constitution!"
			-- Federal Judge in a recent tax case (paraphrased)

As some may recall, last year I posted a series of articles based on
the works and publications of Irwin Schiff, the nation's most vocal
critic of the IRS and income tax system.  Since that time there have
been new developments.  Schiff has recently been convicted (actually
"railroaded" would be more accurate) of "fraud" and other charges.
Before the tax lawyers start jumping all over me, I'll add that according
to Schiff's attorney the government did not once contest or address Schiff's 
contentions regarding the tax code and illegality of the IRS's actions.  An
appeal is, of course, in the works.  (Who says we don't have political
prisoners in the U.S.?)  If there is sufficient interest on the net, I will
obtain and post further details on the trial.  Irwin Schiff is guilty of no
crime other than standing up for his rights.

This of course underscores the danger in asserting one's lawful rights
given the current situation in the Federal Government and the courts.
The Constitution appears to have been thrown out some time ago. (Several
attorneys of my acquaintence have stated that this is true in many trials
they have seen, not just tax cases!)

       *** EX-IRS AGENT APPEARS ON PHILADELPHIA TALK SHOW ***

An former IRS agent by the name of Paul DeFauss (sp?) recently appeared
on a local talk radio station in Philadelphia.  Paul is a 20-year
veteran of the IRS who was fired when he brought to light illegal
activities of the agency. He is now National Coordinator of a group
calling themselves the "IRS Whistle-Blowers". Behind the nearly frivolous
name is a group composed primarily of ex-agents who were terminated for
refusing to perform illegal acts on behalf of the IRS. Their primary
focus is providing support to IRS "insiders" who find themselves under
fire for being "too honest".  During this program, Paul provided a rare
glimpse into the inner workings of everyone's favorite government agency,
including:

	* How the IRS targets religious groups and their contributors for
	  harassment
	* Targeting of small businesses, especially those run from the home
	* Illegal harassment of innocent taxpayers
	* Forcing of IRS employees to conduct illegal activities
	* Inflicting of false assessments and fines on taxpayers to make 
	  quotas
	* IRS managers' "bonus" system based on quotas
	* The IRS "tax protestor" list used to deny the right of appeal
	* How the IRS dupes and intimidates the press
	* Destruction of Senators and Congressmen who oppose the IRS
	* Judges used as IRS hatchetmen.
	* Honest IRS employees forced out of the agency
	* The IRS internal police force 

	...and more.

Specific cases and incidents are cited and names are named. 

If anyone would be interested in a copy of this program, send me
a blank C-90 cassette and SASE.  This is a fascinating and quite
disturbing program -- irrespective of whether or not you agree with 
strict Constitutionalists such as Schiff.  "Everyone knows" about
the kinds of things the IRS does.  Now you can hear the gory details.

			Bob Alpert
			605 Cedar Avenue
			Collingswood, NJ 08108

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

dave@lsuc.UUCP (David Sherman) (01/22/86)

In article <544@decwrl.DEC.COM> alpert@chovax.DEC writes:
>
>		Schiff has recently been convicted (actually
>"railroaded" would be more accurate) of "fraud" and other charges.
>Before the tax lawyers start jumping all over me, I'll add that according
>to Schiff's attorney the government did not once contest or address Schiff's 
>contentions regarding the tax code and illegality of the IRS's actions.  An
>appeal is, of course, in the works.  (Who says we don't have political
>prisoners in the U.S.?)  If there is sufficient interest on the net, I will
>obtain and post further details on the trial.  Irwin Schiff is guilty of no
>crime other than standing up for his rights.

Well, as a tax lawyer (albeit Canadian) I think I *will* jump all
over you.   I would like to see more details before I am prepared to
believe your assertions about "political prisoners" and "guilty of no
crime other than...".

The U.S. and Canadian justice systems require proof beyond a reasonable
doubt before a criminal conviction can be obtained. Schiff no doubt had
the right to a jury trial; did he have one? Were 12 jurors unanimously
convinced of his guilt? Or did he opt for trial by judge, and if so why?

If Schiff was represented by a lawyer, as you say he was, I find it
hard to believe that he was "railroaded" or that the conviction for
fraud merits the quotation marks you gave it.  The justice system in
your country is not supposed to permit such things.  More details,
including an explanation of why, in Schiff's opinion, the judge or
jury deemed him guilty beyond a reasonable doubt, would be helpful.

Dave Sherman
(not speaking for...)
The Law Society of Upper Canada
Toronto
-- 
{ ihnp4!utzoo  pesnta  utcs  hcr  decvax!utcsri  } !lsuc!dave