Petitioners claim IRS harassment ~by Cliff Jones, Bureau Editor
Petitioners in a lawsuit arising in part from Internal Revenue Service failure to provide proof of any requirement to file and pay “income taxes” are claiming they are targets of stepped-up harassment from the agency.
The suit filed in July, 2004 by the We, The People Organization (WTP) was dismissed in August of last year and is currently on appeal.
WTP calls the action the “Right to Petition” suit, seeking whether the people have a right to hold government accountable and withhold their money until grievances are redressed, if government violates the constitution and refuses to respond to people’s petitions for redress.
WTP has long petitioned government officials regarding use of war powers, privacy and the USA-PATRIOT Act, lawfulness of the federal reserve system and IRS authority to lay and collect taxes upon wages of ordinary Americans.
In 2002 WTP delivered comprehensive petitions to every member of congress and certain of the executive, including Secretary of the Treasury and Commissioner of Internal Revenue. Apparently only one non-substantive reply was forthcoming, from a congressman.
In a decision in a separate suit, WTP founder and Chairman Bob Schulz garnered the stunning admission from U.S. Court of Appeals that people cannot be compelled to turn over property to IRS absent federal court order. IRS had delivered a “summons” to Schulz demanding he appear to produce books and records. The court dismissed Schulz v IRS using this admission. The suit sought to quash IRS “summons.”
Many of the petitioners in the ongoing suit have found themselves in receipt of similar IRS summons. But in the wake of Schulz v IRS, agents are now seeking the assistance of the court in compelling their appearance.
“This is harassment, plain and simple,” says one petitioner who wished to remain anonymous, “and lame,” she adds. “This is an order to show cause, they're making me drive hundreds of miles to show them why I 'think' I don't have to show them anything. But they're already over and done with us. They've cleaned us out for over $25,000, filed three notices of lien on our property, we can't use a bank account anymore... this proves they have no real authority. If they did, why aren't they seeking (the court's) assistance in further relieving us of our property? They've never had any court order for any of this.”
This is a valid point. The vast majority of takings on behalf of IRS are done without court order, one issue in WTP's petitions for redress, and apparently unlawful in light of Schulz v US.
IRS would only file such “order to show cause” in cases where response to their summons is not to their liking. It is likely WTP petitioners are aware of the implications of Schulz v US. But numbers of such summonses and to whom they are delivered, and thereafter whether they are followed up with a filing in court and in which cases, are not readily ascertained.
Several of the petitioners say they plan to respond to their suits by challenging IRS jurisdiction. Contacted for comment, WTP spokesman Mike Bodine stated “...we continue to assert in all our legal pleadings challenges to such jurisdiction and statutory authority. We, of course, do not believe they have any.”
Petitioners are using varying tactics in their challenges.
Says Bodine “If the courts did their job, IRS would be required to produce proof of such.” Something echoed by the petitioners. “We have been seeking precisely this answer for going on 6 years now.” says one.
But are these court filings targeted harassment? Absent comment from IRS on the matter this is difficult to ascertain. Given prior performance such comment is unlikely to be forthcoming.
But the petitioners have no doubt. “...yes a limited percentage of Plaintiffs have been contacted by IRS and believe they have suffered direct retaliation for being Plaintiffs,” says Bodine, adding “beyond that suffered to give them standing as a Plaintiff.”
The suit filed in July, 2004 by the We, The People Organization (WTP) was dismissed in August of last year and is currently on appeal.
WTP calls the action the “Right to Petition” suit, seeking whether the people have a right to hold government accountable and withhold their money until grievances are redressed, if government violates the constitution and refuses to respond to people’s petitions for redress.
WTP has long petitioned government officials regarding use of war powers, privacy and the USA-PATRIOT Act, lawfulness of the federal reserve system and IRS authority to lay and collect taxes upon wages of ordinary Americans.
In 2002 WTP delivered comprehensive petitions to every member of congress and certain of the executive, including Secretary of the Treasury and Commissioner of Internal Revenue. Apparently only one non-substantive reply was forthcoming, from a congressman.
In a decision in a separate suit, WTP founder and Chairman Bob Schulz garnered the stunning admission from U.S. Court of Appeals that people cannot be compelled to turn over property to IRS absent federal court order. IRS had delivered a “summons” to Schulz demanding he appear to produce books and records. The court dismissed Schulz v IRS using this admission. The suit sought to quash IRS “summons.”
Many of the petitioners in the ongoing suit have found themselves in receipt of similar IRS summons. But in the wake of Schulz v IRS, agents are now seeking the assistance of the court in compelling their appearance.
“This is harassment, plain and simple,” says one petitioner who wished to remain anonymous, “and lame,” she adds. “This is an order to show cause, they're making me drive hundreds of miles to show them why I 'think' I don't have to show them anything. But they're already over and done with us. They've cleaned us out for over $25,000, filed three notices of lien on our property, we can't use a bank account anymore... this proves they have no real authority. If they did, why aren't they seeking (the court's) assistance in further relieving us of our property? They've never had any court order for any of this.”
This is a valid point. The vast majority of takings on behalf of IRS are done without court order, one issue in WTP's petitions for redress, and apparently unlawful in light of Schulz v US.
IRS would only file such “order to show cause” in cases where response to their summons is not to their liking. It is likely WTP petitioners are aware of the implications of Schulz v US. But numbers of such summonses and to whom they are delivered, and thereafter whether they are followed up with a filing in court and in which cases, are not readily ascertained.
Several of the petitioners say they plan to respond to their suits by challenging IRS jurisdiction. Contacted for comment, WTP spokesman Mike Bodine stated “...we continue to assert in all our legal pleadings challenges to such jurisdiction and statutory authority. We, of course, do not believe they have any.”
Petitioners are using varying tactics in their challenges.
Says Bodine “If the courts did their job, IRS would be required to produce proof of such.” Something echoed by the petitioners. “We have been seeking precisely this answer for going on 6 years now.” says one.
But are these court filings targeted harassment? Absent comment from IRS on the matter this is difficult to ascertain. Given prior performance such comment is unlikely to be forthcoming.
But the petitioners have no doubt. “...yes a limited percentage of Plaintiffs have been contacted by IRS and believe they have suffered direct retaliation for being Plaintiffs,” says Bodine, adding “beyond that suffered to give them standing as a Plaintiff.”
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Original Investigative Journalism from the
Columnist Guild News Bureau
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