John Q. Doe, Sui Juris
c/o general delivery
Anytown [zip code exempt]

In Propria Persona

All Rights Reserved
without prejudice



Innocent Victim               )    Case No. 95-04056-W
          Debtor/Plaintiff    )    (Chapter 13)
     v.                       )    MOTION FOR DISCOVERY
Internal Revenue Service;     )
Bankruptcy Trustee's Office;  )
Oklahoma Tax Commission;      )
Judge Mickey D. Wilson; and   )
DOE defendants 1-10;          )
          Defendants.         )

     Comes not  the Debtor/Plaintiff,  Innocent Victim, a Citizen

of Oklahoma  state, one  of  the  several  States  party  to  the

Constitution for  the United  States of  America, who has entered

the United  States Bankruptcy  Court under necessity, where it is

believed that  the  Bankruptcy  Court  operates  under  Congress'

Article IV  legislative jurisdiction relating to the geographical

United States,  inclusive the  District of Columbia, Puerto Rico,

Guam,  etc.,  but  exclusive  of  the  several  States,  Oklahoma

included, with  jurisdiction in the several States limited by law

to federal enclaves, as specified at 18 USC  7(3).

            Motion for Discovery in Bankruptcy Court:
                          Page 1 of 5

     The Debtor/Plaintiff  stipulates that he is not a Fourteenth

Amendment citizen-subject  of the  United States, and he is not a

resident alien  of the geographical United States, as the term is

defined in  Vol. 68A  of the  Statutes  at  Large,  the  Internal

Revenue Code of 1954, as amended in 1986 and since.

     Of particular  note where  the instant  matter is concerned,

the Debtor/Plaintiff  is not  an officer, agent or employee of an

agency of  the United  States;  he is not an agency of the United

States;    and  he  is  not  a  paymaster,  fiduciary,  or  agent

responsible for withholding tax at the source, and is, therefore,

not "the person liable" or "the person made liable", as described

in   3403 &  3404 of  Vol. 68A  of the  Statutes at  Large, the

Internal Revenue Code.

     In order  to support  the Debtor/Plaintiff's  position,  the

Court will  please reference  an attached  exhibit, a  copy of  a

"Public Notice"  memorandum pertaining  to the  Internal  Revenue

Service and Internal Revenue Code (Exhibit A), constructed by Dan

Meador of  Ponca City,  Oklahoma state.  Said memorandum is being

published in  the several  States, with  first appearance  having

been on  June 12, 1996, in The Deshler Ruslter, a Nebraska weekly

(FAX copy of Affidavit of Publication, Exhibit B).

     Said memorandum  has been  published in  Oklahoma, Nebraska,

Montana and  other states,  and until  Service  principals  rebut

matters presented  therein, with  positions  supported  by  legal

authorities sufficient  to overcome  allegations therein, it will

be construed as presumed fact for all legal purposes.

            Motion for Discovery in Bankruptcy Court:
                          Page 2 of 5

     Where the  instant matter  is  concerned,  elements  of  the

memorandum support  Debtor/Plaintiff's demand  for production  of

certain documents  and authorities  to be  entered into record by

Service  principals.     Debtor/Plaintiff  demands  that  Service

Principals provide documents and/or authorities as follows:

     1.   Cite  the   taxing   statute   which   identifies   the

transaction, service or object of the tax which has been assessed

(United States  v. Community  TV, Inc.,  327 F.2d  797, at p. 800

(1964); Hassett  v. Welch,  303 U.S.  303, 58  S.Ct. 559, 82 L.Ed


     2.   In accordance with provisions of 26 USC  6001, produce

a certified  copy of  the notice  to Debtor/Plaintiff  that he is

required to keep books and records and file return reports, which

complies with  provisions of  26 CFR  301.7512-1(a), or cite the

regulation  published  in  the  Federal  Register  which  extends

general application  of the  taxing statute  identified in  #1 of

this list.

     3.   Furnish a  properly executed  Form 23C which authorizes

Service   personnel    to   assess    and   collect    tax   from


     4.   The following  provisions are  published in the Federal

Register as  authorization for  levy and distraint under 26 USC 

6331, as  relates to authority of Subtitles A & C of the Internal

Revenue Code:

     26 CFR  301.6331-1(a) Levy and distraint

     (4)  Certain types of compensation -- (i) Federal employees.
     Levy may  be made upon the salary or wages of any officer or
     employee (including members of the Armed Forces), or elected
     or appointed official, of the United States, the District of
     Columbia, or  any agency  or instrumentality  of either,  by
     serving a  notice of  levy on the employer of the delinquent
     taxpayer. As  used in  this subdivision, the term "employer"
     means (a)  the officer or employee of the United States, the
     District of Columbia, or of the agency or instrumentality of
     the United  States or  the District  of  Columbia,  who  has
     control of  the payment  of the  wages,  or  (b)  any  other
     officer or  employee designated  by the  head of the branch,
     department, agency,  or instrumentality of the United States
     or of  the District  of Columbia  as  the  party  upon  whom
     service of  the notice  of levy  may be made. If the head of
     such   branch,   department,   agency   or   instrumentality
     designates an  officer or  employee other  than one  who has
     control of  the payment of the wages, as the party upon whom
     service of  the notice  of levy may be made, such head shall
     promptly notify  the Commissioner of the name and address of
     each officer  or employee  so designated  and the  scope  or
     extent of his authority as such designee.

            Motion for Discovery in Bankruptcy Court:
                          Page 3 of 5

     (ii) State  and municipal  employees.  Salaries,  wages,  or
     other compensation  of any  officer, employee, or elected or
     appointed official  of a  State  or  Territory,  or  of  any
     agency, instrumentality,  or political  subdivision thereof,
     are also  subject to  levy  to  enforce  collection  of  any
     Federal Tax.

     (iii) Seamen.  Notwithstanding the  provisions of section 12
     of the  Seamen's Act  of 1915  (46  U.S.C.  601),  wages  of
     seamen, apprentice  seamen, or fishermen employed on fishing
     vessels are subject to levy. See section 6334(c).

     Where the  instant matter  is concerned,  Service principals

will cite and produce into the official Court record, any and all

regulatory authority(s) which extend beyond this authorization to

the several States and the population at large.

     5.   The   Service    alleges    authority    to    initiate

administrative assessment  and collection  activity  under  "1040

Form" filings, etc., but to date, no delegation order authorizing

the Service  to initiate  these activities under "1040" authority

is in evidence.

     In fact,  the memorandum  numbered Exhibit  A,  on  page  6,

identifies Delegation Order 182 as being the only such order thus

far located, which authorizes assessment and collection by return

forms, with the forms specifically identified being the 941, 720,

2290, CT-1, 11-B, and 943.

            Motion for Discovery in Bankruptcy Court:
                          Page 4 of 5

     This complies  with provisions  of 26  CFR   601.401, which

specifies that  the  "employer"  is  responsible  for  collecting

income and related tax at the source, then filing return reports,

where the  only "employee"  report, other than to the "employer",

is filed  when a citizen or resident of the United States, living

abroad, is  employed  by  two  or  more  employers,  with  income

effectively connected to the United States.

     Then the  return report  is voluntary and is filed merely to

collect  refunds  for  over-payment  of  employment  tax  (Social

Security or  railroad retirement).  To date,  as  the  memorandum

specifies, reporting  instructions for United States citizens and

residents of  the  Virgin  Islands  living  abroad  is  the  only

official publication  known specifically to authorize filing 1040

return reports.

     Further, consult  United States  v. O'Dell,  Case No. 10188,

Sixth Circuit,  March 10,  1947, for  confirmation that filing of

1040 tax  return forms  is voluntary  (although various decisions

have alleged  that the  Internal Revenue  Code has  been  changed

since 1947,  the memorandum  included as  an exhibit demonstrates

that the  1040 is  still a  voluntary return for specific limited


     Service principals  will enter  into evidence  authority  to

assess and collect tax via the 1040 tax return form.


     By my signature, I attest under penalties of perjury, per 28

USC   1746(1), that matters of fact and law presented herein are

to the  best of  my current  knowledge and understanding accurate

and true.

            Motion for Discovery in Bankruptcy Court:
                          Page 5 of 5

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