|Justice Asks Court to Stop Alleged Major Tax Scam Promoters|
FOR IMMEDIATE RELEASE
THURSDAY, MARCH 13, 2003
TDD (202) 514-1888
JUSTICE ASKS COURT TO STOP ALLEGED MAJOR TAX-SCAM PROMOTERS
Irwin Schiff, twice convicted of tax crimes, allegedly promotes fraudulent tax schemes on radio and television
WASHINGTON, D.C. - Late yesterday, the Justice Department asked a federal court in Las Vegas to issue a restraining order stopping Irwin Schiff and two associates, Cynthia Neun and Lawrence N. Cohen, from promoting an alleged major tax fraud scam. In the complaint and brief filed in the District of Nevada, the government alleges that Schiff, Neun, and Cohen conduct seminars and sell audiotapes and other products designed to help customers evade federal taxes, primarily by filing income-tax returns falsely listing no income and no tax due.
The Justice Department further alleges that Schiff has promoted his scheme on national talk-radio shows and has twice appeared as a guest on a national cable-television news program. The Department has asked the court to stop Schiff and his associates from selling their tax scams, preparing federal tax returns and holding tax seminars, including one scheduled for March 29th in Las Vegas.
"Shutting down tax scammers is a high priority for the Justice Department," said Eileen J. O'Connor, Assistant Attorney General in charge of the Justice Department's Tax Division. "We have zero tolerance for those who make a living selling tax-scheme packages that falsely promise zero tax liability."
Previously, Schiff has been convicted twice for federal tax crimes. According to papers filed in the suit, Schiff's customers have also been found guilty of tax crimes and received monetary penalties for asserting Schiff's false positions about the tax laws; federal courts have called those positions "frivolous." The complaint also alleges that the IRS estimates that Schiff's customers have attempted to evade over $56 million in income taxes, from 1999 to 2001.
This lawsuit is the latest in a series of actions brought by the Justice Department in recent years against alleged tax scam promoters across the country. In the past two years, the Department has filed suits asking for injunction orders against 32 promoters and has prevailed in every case decided so far.
"We plan to go after many more and will continue pursuing tax scam promoters until the problem is solved," said Assistant Attorney General O'Connor.
For copies of documents filed in this case and for information on
other tax scam enforcement actions, go online to http://www.usdoj.gov/tax/.
REBUTTAL by Cindy Neun:
I wrote the last message yesterday before the papers
arrived. I found it in my drafts file this morning and sent it out.
The papers say that we are promoting a scam by filing returns claiming that we have no income tax liability.
See? What did I tell you yesterday? They had to steal our transcripts because they fear that we will take them before a judge and/or jury showing that Irwin Schiff didn’t convince us of anything – IRS Agents convinced us that there is no income tax liability in our hearings. We put the law on the table. We say again and again that we will pay the amount they say we owe if the agents will simply point to a provision in The Internal Revenue Code making us liable for or required to pay the income tax. We say that we will stay all day or for however long it takes to come into compliance with the laws passed by Congress.
In doing this, we have received so many different responses from IRS employees that it isn’t even funny! - They won’t even pretend to have a law. They run out of the room and call Security to escort us out of the building.
This has been happening all over America for the past couple of years. The fact that they run when we ask for the law exposes them for the lawless agency they are. Our transcripts prove that they are doing this (attempting to seize property under the color of law), knowingly and willfully. After stealing our evidence at the point of their guns, they now come to the Court for a restraining order based upon a complaint that we tell individuals that there is no law making us liable for that tax, and the IRS has no authority to collect income taxes unless individuals voluntarily give the money up!
Now, what else could we believe based upon these experiences?
Are we supposed to believe that it was an accident
that Congress took all of the mandatory language out of The Internal
Revenue Code in 1954, and are we supposed to forget how many times we have
read and heard when the government’s own officials tell us that the
income tax is voluntary?
Are we supposed to believe that IRS Appeals Officers are holding impartial Due Process Hearings when we ask for any Code Section which outlines our legal obligation to keep books and records for income tax purposes; requires us to pay that tax, makes us liable for that tax, and/or requires us to file a form 1040, and, as a response/reaction - the Appeals Officer runs out of the room?
Are we supposed to believe that if we were alcohol distillers or firearms manufacturers or bookmakers that the Appeals Officer wouldn’t point to the law that makes us liable for and required to pay those taxes?
Are we supposed to believe that Congress is too shy or too busy to write a law requiring us to pay the income tax? Isn’t the income tax America’s most popular tax? There are some 40 other taxes listed where Congress imposed, made liable and required the recordkeeping and payment of the taxes. Why can’t Congress put the law back in the Code the way it was before 1954?
The IR Code proves that if there is a law, it is written. It is not some secret, unwritten law. It must be written. The legislative intent behind the law must be given supreme weight when a dispute arises about a particular law. If the law doesn’t have to be written, what would be the point in writing all of the rest of the laws?
Are we supposed to believe that simply because Tax “Court” “Judges” scream “frivolous” loudly and threaten sanctions against us if we ask the question about our liability, that what the “Judge” screams is law? And, when we stand in the pretend “Court”, reading directly from the law itself where Congress specifically stated that we may raise any relevant issue with respect to the unpaid tax including the existence or amount of the underlying liability, (6320 and 6330), are we supposed to believe and accept that the law is not what it says, but what the pretend “Judge” is screaming from the “bench”? And, especially when we are saying that we want to pay the tax if there is a law requiring us to do so, and all the “Judge” can do is spew Tax Court Memos as law, followed by threats and intimidation through public humiliation in open “Court”... Should we believe that there is a law that no one will name, when the question of the law makes “Judges” scream and Agents run instead?
Are we supposed to believe that Congress enacted a host of legislative acts incorporating statutes that provide for the criminal prosecution of IRS agents for unlawful acts- (7214) - and for civil prosecution against the United States when employees of the IRS recklessly or intentionally disregard any provision of the IR Code - (7433) - if agents don’t do these things? If agents can do whatever they want, then what is the purpose of all of those laws? Did Congress go to all of that trouble “just in case”?
Are we supposed to believe that there are volumes of legal references and supporting Court decisions on the necessity for Delegations of Authority, but that citing these legal standings are frivolous and irrelevant? What could all of those Internal Revenue Manual rulings, descriptions, and immense details be about if they are not necessary? Window dressing?
And, finally, if Congress doesn’t make law, but Tax “Court” “Judges” make law by issuing Memos, then, what do we need Congress for, and what do we need Appellate Courts for? More window dressing? If it is for “SHOW”...if it is Hollywood, then, America can’t afford it and the public has a right to know!
The evidence our transcripts and tapes, The Internal Revenue Code, the Code of Federal Regulations, the Internal Revenue Manual, Internal Revenue Bulletin, the Federal Register, The Privacy Act Notice, The Federal Lien Registration Act, The Federal Debt Collection Procedures Act, The Taxpayers Bill of Rights, The 1998 Restructuring and Reform Act, and The Administrative Procedures Act are all on our side. The government is trying to circumvent the due process clause of The Constitution, and they want a “trial” conducted and decided by a “judge”. This is why they are moving this way against us now.
They are stuck on the case working against Irwin on the three coerced traditional returns filed in 1991, where the DOJ is attempting to reduce to judgment the phony assessments, and to “make legal” all of the illegal seizures executed on those phony assessments. If they thought they could win that case against Irwin, they would move right in and do it. That win would probably severely cripple him in his efforts to spread the truth about the income tax hoax. But, they have asked for three extensions so far in that case. They are stuck. So, they are moving another way. They have the media say that we are falsely listing no tax due. (Why don’t they say “Income” tax?) And, here comes their private media machine to carry them “home”. How very convenient, but, what else can they do? They are up against the ropes, now. All they have to defend themselves from full exposure are their guns and the members of their “Memo-Writing Club”.
Now here’s the question: Who are the real TAX-SCAM PROMOTERS?
To prove the truth, all we need to do is to show up with our wagons!
Copyright Family Guardian Fellowship
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