OT Court Rules IRS Cannot Apply Force Against A Tax Payer
 

Good news for the american taxpayer.


From:
http://www.givemeliberty.org/RTPLaws...2005-01-29.htm

U.S. Court of Appeals Rules IRS
Cannot Apply Force Against A Tax Payer
Without A Court Order

Tax Payers Free To Ignore An IRS Summons

Queensbury, NY - On January 25, 2005, the U.S. Court of Appeals
for the Second Circuit held that taxpayers cannot be compelled
by the IRS to turn over personal and private property to the
IRS, absent a federal court order.

Quoting from the decision (Schulz v. IRS, Case No. 04-0196-cv),

"...absent an effort to seek enforcement through a federal
court, IRS summonses apply no force to taxpayers, and no
consequence whatever can befall a taxpayer who refuses, ignores,
or otherwise does not comply with an IRS summons until that
summons is backed by a federal court order...[a taxpayer] 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 complying."

Without declaring those provisions of the Code unconstitutional
on their face, the court, in effect, nullified key enforcement
provisions of the Internal Revenue Code, stripping the IRS of
much of its power to compel compliance with its administrative
demands for personal and private property. The court
characterized IRS summonses issued under Section 7602 as mere
"requests."

The court went on to say that the federal courts are there to
protect taxpayers from an "overreaching" IRS, and that the IRS
must go through the federal courts before force can be applied
on anyone by the IRS to turn over personal and private property
to the IRS.


Best Regards
Tom.

AZOTIC wrote:
Good news for the american taxpayer.


From:
http://www.givemeliberty.org/RTPLaws...2005-01-29.htm

U.S. Court of Appeals Rules IRS
Cannot Apply Force Against A Tax Payer
Without A Court Order

Tax Payers Free To Ignore An IRS Summons

snip

Nothing new here. Just don't ignore the summons from the tax court,
which will soon follow.

Dale Scroggins

"Dale Scroggins" wrote in message
...
AZOTIC wrote:
Good news for the american taxpayer.


From:
http://www.givemeliberty.org/RTPLaws...2005-01-29.htm

U.S. Court of Appeals Rules IRS
Cannot Apply Force Against A Tax Payer
Without A Court Order

Tax Payers Free To Ignore An IRS Summons

snip

Nothing new here. Just don't ignore the summons from the tax court, which
will soon follow.

Dale Scroggins

But the tax court is still part of the IRS and not a Federal Court last time
I looked..

--

Clif

Seems the tax cout is a " Federal Court "

http://www.ustaxcourt.gov/about.htm

Steve E.



On 03 Feb 2005 06:57:53 GMT, (AZOTIC) wrote:

Good news for the american taxpayer.


From:
http://www.givemeliberty.org/RTPLaws...2005-01-29.htm

U.S. Court of Appeals Rules IRS
Cannot Apply Force Against A Tax Payer
Without A Court Order

Tax Payers Free To Ignore An IRS Summons

Queensbury, NY - On January 25, 2005, the U.S. Court of Appeals
for the Second Circuit held that taxpayers cannot be compelled
by the IRS to turn over personal and private property to the
IRS, absent a federal court order.

Quoting from the decision (Schulz v. IRS, Case No. 04-0196-cv),

"...absent an effort to seek enforcement through a federal
court, IRS summonses apply no force to taxpayers, and no
consequence whatever can befall a taxpayer who refuses, ignores,
or otherwise does not comply with an IRS summons until that
summons is backed by a federal court order...[a taxpayer] 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 complying."

Without declaring those provisions of the Code unconstitutional
on their face, the court, in effect, nullified key enforcement
provisions of the Internal Revenue Code, stripping the IRS of
much of its power to compel compliance with its administrative
demands for personal and private property. The court
characterized IRS summonses issued under Section 7602 as mere
"requests."

The court went on to say that the federal courts are there to
protect taxpayers from an "overreaching" IRS, and that the IRS
must go through the federal courts before force can be applied
on anyone by the IRS to turn over personal and private property
to the IRS.


Best Regards
Tom.

Clif Holland wrote:
"Dale Scroggins" wrote in message
...

AZOTIC wrote:

Good news for the american taxpayer.


From:
http://www.givemeliberty.org/RTPLaws...2005-01-29.htm

U.S. Court of Appeals Rules IRS
Cannot Apply Force Against A Tax Payer
Without A Court Order

Tax Payers Free To Ignore An IRS Summons

snip

Nothing new here. Just don't ignore the summons from the tax court, which
will soon follow.

Dale Scroggins


But the tax court is still part of the IRS and not a Federal Court last time
I looked..



If you believe tax courts are not federal courts, and have no power to
enforce their rulings, and you get your tax advice from the usenet....

Dale Scroggins

I stand corrected

--

Clif

"Dale Scroggins" wrote in message
. com...
Clif Holland wrote:
"Dale Scroggins" wrote in message
...

AZOTIC wrote:

Good news for the american taxpayer.


From:
http://www.givemeliberty.org/RTPLaws...2005-01-29.htm

U.S. Court of Appeals Rules IRS
Cannot Apply Force Against A Tax Payer
Without A Court Order

Tax Payers Free To Ignore An IRS Summons

snip

Nothing new here. Just don't ignore the summons from the tax court,
which will soon follow.

Dale Scroggins


But the tax court is still part of the IRS and not a Federal Court last
time I looked..



If you believe tax courts are not federal courts, and have no power to
enforce their rulings, and you get your tax advice from the usenet....

Dale Scroggins