KMoore1223@aol.com
Thu 3/10/2005 4:47 PM
IRS: Gut Schulz v IRS
DOJ: Court's Opinion Threatens Tax System
Schulz Responds
On March 1st, IRS and DOJ filed a motion with the Second Circuit Court
of Appeals asking the Court to amend its January ruling
<http://www.givemeliberty.org/RTPLawsuit/CourtFilings/2ndCirc-RulingJan-05.
pdf> in Schulz v IRS (Case No. 04-0196).
Today, Bob Schulz mailed to the Court in Manhattan his brief opposing
that motion.
The government's motion is evidence that IRS is obviously upset with
the Court's opinion that held that the recipient of an IRS
administrative summons "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."
In Schulz, the Court also held
taxpayers, and no consequences
ignores, or otherwise does not
summons is backed by a federal
that "IRS Summonses apply no force to
can befall a taxpayer who refuses or
comply with an IRS summons until that
court order."
Clearly troubled by the potential implications of the Schulz decision,
the DOJ engaged their "top guns" from the Attorney General's office in
DC to request that the Court of Appeals gut its decision in Schulz,
which clearly binds IRS to the due process requirements of the
Constitution, limiting IRS's ability to use force against tax payers
absent a court order. The IRS obviously sees its ability to acquire
personal and private property, on
demand, as being constrained.
(continued...)
<http://www.givemeliberty.org/images/redtri.gif> Click Here To Access
The Full Update <http://www.givemeliberty.org/RTPLawsuit/Update2005-0309.htm>
& To Read The DOJ's Motion & Schulz's Opposition