[Homestead] IRS summons has no legal effect without a Federal Court Order

tvoivozhd tvoivozd at infionline.net
Tue Feb 1 11:59:35 EST 2005

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WND Exclusive
Court: Taxpayers can ignore IRS summonses
Ruling says action has no teeth without federal court order
Posted: February 1, 2005
1:00 a.m. Eastern

© 2005 WorldNetDaily.com

A U.S. appeals court has ruled the IRS cannot compel taxpayers to turn 
over personal and private property without a federal court order and 
that taxpayers can ignore the agencies summonses until actual 
enforcement action is taken.

In the case Schulz v. IRS, the Second Circuit Court of Appeals in 
Manhattan ruled:

    ... 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 refusing.

Bob Schulz, the plaintiff, is head of We the People, 
<http://www.givemeliberty.org/> an organization that has taken separate 
legal action against the federal government for its failure to answer a 
"petition for redress of grievances" regarding the income tax. Though 
the court affirmed a lower court decision in favor of the IRS, saying 
Schulz's motion to quash an IRS summons lacked "subject matter," it used 
the ruling as a means to clarify the agency's power under 26 U.S.C. 
Section 7604.

The appeals court decision 
[/.pdf document/] of Jan. 25 stated the federal courts protect taxpayers 
from an "overreaching" IRS and that the agency must go through the 
federal courts before force can be applied on anyone to turn over 
personal and private property to the IRS. Absent a federal court order, 
the IRS summons amounts simply to a "request," the court ruled, which 
can be ignored.

A statement on the group's website went on to say: "Without declaring 
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."

We the People claims the court decision will benefit the organization's 
class-action lawsuit against the IRS.

States the group: "The court has expressly recognized that the IRS, as 
has been asserted in the right-to-petition lawsuit, routinely violates 
people's due process rights in their day-to-day administrative 
practices. As such, the findings of the Second Circuit firmly establish 
for the District Court the substance of the causes of action put forth 
in our right-to-petition lawsuit."

Schulz's lawsuit stemmed from an IRS summons served on him in relation 
to an investigation. He claims the summons was a direct infringement on 
his First Amendment rights.

Activists of the "tax honesty" movement, in which WTP is a leading 
voice, believe the federal government lacks any legal jurisdiction to 
enforce the income tax, that there is no law that requires Americans to 
pay the tax, and that the tax is enforced in a manner that violates the 
U.S. Constitution.

Related stories:

Suit against feds on taxes moves forward 

IRS colluding with states? 

Fed 'strike force' targeting tax reformers? 

Woman triumphs over IRS in tax case 

Activist: 'Stop paying federal income taxes' 

National sales tax gains momentum 

Tax reform still on group's agenda 

'Truth in Taxation' forum ends in D.C. 

Congressman cancels tax forum 

Tax group urges Americans: 'Wait to file' 

Activists refute IRS claims 

IRS bashes 'frivolous tax arguments' 

IRS special agent challenges system 


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