Home |
Search |
Today's Posts |
|
Metalworking (rec.crafts.metalworking) Discuss various aspects of working with metal, such as machining, welding, metal joining, screwing, casting, hardening/tempering, blacksmithing/forging, spinning and hammer work, sheet metal work. |
Reply |
|
LinkBack | Thread Tools | Display Modes |
#1
|
|||
|
|||
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. |
#2
|
|||
|
|||
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 |
#3
|
|||
|
|||
"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 |
#5
|
|||
|
|||
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 |
#6
|
|||
|
|||
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 |
Reply |
Thread Tools | Search this Thread |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Forum | |||
Windsor Plywood Scam - Saskatoon | Woodworking | |||
OT Guns more Guns | Metalworking | |||
Best path to refund on poor quality furniture? | Home Ownership | |||
Figuring loads / block & tackle theory | Home Repair | |||
OT- Rules of Gunfighting | Metalworking |