Income Tax Court Cases and Judgments
| Here are some actual court cases that support
the fact that
'income' taxes are
illegal and the government is trying to make us pay. Some names of present parties are: Dick Simkanin, Irwin Schiff, Bill Benson, Joseph R. Banister, & Bob Schulz with We The People Foundation. |
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Schiff:
My Criminal Prosecution is Illegal On a Variety of Grounds, U.S. v
Irwin Schiff...
Case pending as of April 13, 2005. Texas business owner Dick Simkanin's appeal is finally underway in the Fifth Circuit Court of Appeals in New Orleans. This appeal is being made after two failed attempts by the government (in 2001 and 2002), before two separate grand juries to indict Simkanin (after hearing direct testimony from him), a successful indictment by a grand jury (where Simkanin was prevented from testifying), one mis-trial ending in a "hung jury" (where Simkanin testified freely on the witness stand), a second patently flawed criminal trial (and conviction) that made a mockery of Justice and Simkanin’s Due Process rights, and 21 months of incarceration. Simkanin is appealing his conviction for multiple tax charges stemming from his belief that no law required him to withhold taxes from the paychecks of his workers and no law required him to file a federal tax return. IRS: Gut Schulz v IRS, DOJ: Court's Opinion Threatens Tax System Case ongoing as of March 9, 2005. Schulz Responds; On March 1st, IRS and DOJ filed a motion with the Second Circuit Court of Appeals asking the Court to amend its January ruling in Schulz v IRS (Case No. 04-0196). Today, March 9, 2005, Bob Schulz mailed to the Court in Manhattan his brief opposing that motion. “IRS LOCKOUT” for former IRS CID Special Agent Joseph R. "Joe" Banister Case ongoing as of March 7, 2005. Well, the Government wasn’t satisfied with a star chamber IRS "disbarment" proceeding and a federal criminal indictment against me!. Just when I felt my family and I had absorbed all the Government could dish out, I received an “Accusation” document from the California Board of Accountancy (CBA) several days ago, which seeks to suspend or revoke my Certified Public Accountant (CPA) credentials. My trial was rescheduled for June 14, 2005, and Al Thompson’s trial proceeded as initially scheduled on January 19th. Court Grants Our Motion For Sur-Reply: We the People Foundation v U.S. Case ongoing as of February 27, 2005. DOJ Faces Tall Constitutional Hurdles On Its Motion To Dismiss Last week, the U.S. District Court in Washington, DC granted We The People the final word in the now months-long battle over the government's Motion to Dismiss the People's landmark Right-to-Petition lawsuit. The court, in a relatively infrequent move, granted WTP’s motion for permission to file a “Sur-Reply” to counter new arguments raised in the government’s Reply to WTP’s opposition to the government’s motion to dismiss the complaint. The government had expected its Reply would be the final pleading on its motion to dismiss, and then opposed WTP’s motion for permission to file a Sur-Reply. In its Reply, the Department of Justice did not rebut the formidable arguments put forth by WTP in opposition to the Government's claim of “sovereign immunity” as a bar to being sued. Redding tax resister convicted in federal court Case closed as of February 5, 2005. A Redding tax resister who stopped paying personal income taxes in 1999 and quit withholding taxes from his employees' checks in 2000 was convicted Friday of 13 criminal tax charges with a tax loss of $256,000. “NO MORE PERSONAL AND PRIVATE PROPERTY WITHOUT A COURT ORDER.” Case ongoing as of February 2, 2005. On Tuesday, February 2nd, Bob Schulz, Chairman of the We The People Foundation, taped a copy of last week’s Court of Appeals decision in Schulz v. IRS (Case No. 04-0196-cv) to the front door of his local IRS office in Queensbury, NY. The document was accompanied by the WTP press release regarding the court's ruling. Tax Protestor Imprisoned for Refusal to Obey Court Order Requiring Filing of Delinquent Tax Return Case ongoing as of April 15, 2004. Cencal Aviation Owner, Walter “Al” Thompson, Had Stopped Withholding Federal Taxes From Employees’ Wages. WASHINGTON, D.C. - The Justice Department announced today that the U.S. Marshals Service has arrested Walter “Al” Thompson, of Shasta Lake, California. Thompson, owner of Cencal Sales Company and Cencal Aviation Products, was found in contempt of court on March 5, 2004, for failing to obey an order entered last September by Judge Frank C. Damrell, Jr. of the U.S. District Court for the Eastern District of California. The March 5th order states that Thompson will be held in jail until he complies with the September order. Memphis Pilot Acquitted Of Tax Evasion Decided August 8, 2003. On Friday, a Memphis federal jury acquitted FedEx pilot Vernice Kuglin of six counts of felony Tax Evasion and Willful Failure to File tax returns. The case is: U.S. District Court, Western District of Tennessee (Memphis) # 03-CR-20111, USA v. Kuglin. Inside Oklahoma's 16th Amendment lawsuit Decided March 5, 2002. BENSON v. HUNTER 2002 OK CIV APP 44, 45 P.3d 444 William J. Benson (Taxpayer) appeals from the trial court's November 6, 2001, order granting summary judgment to Mike Hunter, Oklahoma Secretary of State (Secretary), dismissing Taxpayer's suit against Secretary. Taxpayer alleged Oklahoma's 1910 ratification of the 16th Amendment to the United States Constitution was invalid, and therefore the 16th Amendment, imposing an income tax, is void. The appeal was assigned to the accelerated docket pursuant to Okla.Sup.Ct.R. 1.36, 12 O.S. Supp. 2000, ch. 15, app. 1. Based upon our review of the facts and applicable law, we affirm. FLORA v. UNITED STATES, 362 U.S. 145 (1960) Decided March 21, 1960. Under 28 U.S.C. 1346 (a) (1), a Federal District Court does not have jurisdiction of an action by a taxpayer for refund of a part payment made by him on an assessment for an alleged deficiency in his income tax. The taxpayer must pay the full amount of the assessment before he may challenge its validity in an action under 1346 (a) (1). Flora v. United States, 357 U.S. 63 , reaffirmed. Pp. 146-177. EISNER v. MACOMBER , 252 U.S. 189 (1920) Decided March 8, 1920. This case presents the question whether, by virtue of the Sixteenth Amendment, Congress has the power to tax, as income of the stockholder and without apportionment, a stock dividend made lawfully and in good faith against profits accumulated by the corporation since March 1, 1913. BRUSHABER v. UNION PACIFIC R. CO., 240 U.S. 1 (1916) Decided January 24, 1916. As a stockholder of the Union Pacific Railroad Company, the appellant filed his bill to enjoin the corporation from complying with the income tax provisions of the tariff act of October 3, 1913 ( II., chap. 16, 38 Stat. at L. 166). Because of constitutional questions duly arising the case is here on direct appeal from a decree sustaining a motion to dismiss because no ground for relief was stated. POLLOCK v. FARMERS' LOAN & TRUST CO., 158 U.S. 601 (1895) Case closed as of May 20, 1895. Here is the Court's rationale for holding the entire 1894 income tax void: |
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