For more information contact:
Ken Evans
873 East Baltimore Pike - PMB 464
Kennett Square, PA  19348
March 2, 2002

 For release:  March 2, 2002


Philadelphia, PA   - The Third Circuit Court of Appeals has announced that the case of Evans v. USA will be submitted to a panel of judges on Friday, March 15, 2002.  The panel will consist of three federal judges, Anthony J. Scirica, Maryanne Trump Barry and Robert E. Cowen.

The case involves civil litigation that could have profound implications on our current system of taxation.  Ken Evans, the Eastern Vice-Chair of the Pennsylvania Libertarian Party, has filed a federal refund lawsuit claiming a refund of everything that was withheld as federal income tax from the compensation he received during the tax year 1999, along with an additional bond of $2900. 

Instead of filing a return, Evans submitted the $2900 along with an “informal claim” for refund in April of 2000 instructing the Internal Revenue Service to provide documentation of all amounts for which he was legally liable and to refund the difference.  The IRS did not respond.

Federal law states that if the IRS does not respond to such a claim within six months, an individual can file a refund lawsuit in District Court.

“This suit is the result of years of research in which I have obtained legal opinions from tax attorneys as well as spoken with both former and current IRS agents,” says Evans, “What I have done is simply to ask the IRS what, if anything, I legally owe and then provide me with the legal basis for their claim.  This is not, I repeat, not about not paying taxes.  In fact, I have given the IRS more money than I would have owed if I had filed a return.  However, the IRS has refused to respond to my request because they know that the only way I can legally owe federal income tax is if I “voluntarily” file a return. This is about accountability in government and what the law actually says.  Our system of government is supposed to protect liberty, not redistribute income.  That's nothing more than communism.”

Oddly enough, the second plank of the Communist Manifesto, written by Karl Marx requires "A heavy progressive or graduated income tax."

It may surprise some to find that United States federal regulations do state that our system of taxation is based upon self-assessment and voluntary compliance (see 26 CFR 601.102, 26 CFR 601.602 and 26 CFR 601.603).  The United States Supreme Court in the case of Flora v. U.S echoed these seemingly clear sentiments.   However, most Americans see very little that is voluntary when it comes to the IRS.

“This is because the IRS has operated on fear, intimidation and outright fraud for too long,” states Evans, “I refuse to be afraid of my own government, which is supposed to protect my rights, not infringe upon them.  I intend to prove my point in court and fortunately for me, one of the most compelling arguments was made for me by an IRS agent himself.  In October, 2001, during a tape recorded audit, IRS supervisor Tony Burton of the Media, PA office told me that it is voluntary to file a return and that I exercised my choice not to file."

In a related story, on February 27 & 28, 2002 public hearings were held in Washington D.C. where evidence was presented by panels of Constitutional attorneys, former IRS agents, CPAs and tax law researchers questioning the legality and Constitutionality of the existence and enforcement of the Internal Revenue Code.  

Evans attended the event and had this to say, "These hearings leave no doubt as to just how out of control the IRS has become.  What shocked me the most was testimony by Forensic Accountant, Victoria Osborne as to how IRS agents fraudulently manipulate the computer files that the IRS keeps on American citizens and how, thanks to the IRS Restructuring and Reform Act of 1998, this fraud can now be proven in court."

The IRS and the Department of Justice had originally signed a written agreement stating that they would attend the event, but backed out just weeks before the hearings.

Information on the Citizen’s Truth-in-Taxation hearings, held by “We The People for Constitutional Education, Inc.” can be viewed at http://www.givemeliberty.org or http://www.bostonteaparty2.org

Information of Forensic Accountant, Victoria Osborne, can be viewed at http://www.tpirsrelief.com

Pertinent documents in Evans’ refund lawsuit can be viewed at http://www.reasons2vote.com

Copyright Family Guardian Fellowship

Last revision: August 14, 2009 08:07 AM
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