Archive for November, 2015

I am the Plaintiff in this case, since I am the one who filed the lawsuit.  I don’t have an attorney, so, I am conducting this suit “pro se”.  “Pro se” is derived from Latin, and means “for himself”.

The Defendants are the Commissioner of the Internal Revenue Service (John Koskinen) and the United States Attorney General (Loretta Lynch).

The Defendants were provided an attorney from the U.S. Department of Justice (DoJ), whose name is Ryan O. McMonagle, a Trial Attorney in the Tax Division.  He is acting under the direction of Caroline D. Ciraolo-Klepper, Acting Assistant Attorney General, Tax Division.

The judge in this case is The Honorable Colleen Kollar-Kotelly, who presides in the U.S. District Court for the District of Columbia.

November 13, 2015 was the deadline for me to file my response to the DoJ’s Motion to Dismiss, and, I did so one day early, on November 12, 2015.

Here is the link to my “Opposition to DoJ Motion to Dismiss”:

007 – 20151112 – McNeil – USDC – Opposition to DoJ Motion to Dismiss (16 pages 130kb)

http://www.ram-v-irs.com/CV-Docs/007-20151112-McNeil-USDC-Opposition-to-DoJ-Motion-to-Dismiss.pdf

In addition to filing my Opposition, I also sent what is known as a “Safe Harbor” letter to DoJ’s Caroline Ciraolo-Klepper and Ryan McMonagle. Under Rule 11 of the Federal Rules of Civil Procedure, a judge may impose sanctions on an attorney and/or party if a pleading was filed for an improper purpose, was unwarranted by law, lacks evidentiary support, or was frivolous. The rule includes a safe harbor provision, so that sanctions may not be imposed if the challenged claim is withdrawn within 21 days of a motion for sanctions.

DoJ’s Motion to Dismiss contained a litany of presumptions, innuendo, mischaracterizations, and false claims presented in a transparent attempt to mislead the Court. On its face, these actions constitute obstruction of justice.

If that Motion is not withdrawn by December 3, 2015, I will file a Motion for Sanctions against Ciraolo-Klepper and McMonagle.

Read the Safe Harbor letter here:

008 – 20151112 – McNeil – DoJ – Safe Harbor Letter to Ciraolo-Klepper and McMonagle (4 pages 45kb)

http://www.ram-v-irs.com/CV-Docs/008-20151112-McNeil-DoJ-Safe-Harbor-Letter-to-Ciraolo-Klepper-and-McMonagle.pdf

I am providing these documents to educate you about the IRS’ record falsification scheme that destroys an untold number of American lives each year.

Along with my suit, and Michael Ellis’ suit (Case No. 1:14-CV-0471), a third lawsuit of this nature, DePolo v. Ciraolo-Klepper, was recently filed in the U.S. District Court for the District of Columbia. More lawsuits will follow.

“We the People” were never intended to live under the tyranny created by a government agency that commits fraud, then conceals it. We are fighting the battle to stop it.

Please share this post far and wide.

In liberty,

Bob McNeil
21st Century American Revolutionary
Founder/President – American Citizen Party

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Does the Internal Revenue Service (IRS) have the legal authority to use fraudulently created documents to bind born-free Americans to a debt; take punitive actions against them to collect that debt, including wage garnishment, liens, levies, and property seizures, and; take legal action against them, resulting in indictment, prosecution, conviction, and imprisonment?

As an American, living under the protection of the Constitution (the supreme Law of the Land), the answer can only be a resounding “NO!”

Unfortunately, the Department of Justice argues the IRS does have that authority, and the Federal Courts agree.

On August 4, 2015, I filed a lawsuit in the United States District Court for the District of Columbia against the Commissioner of Internal Revenue and the U.S. Attorney General. The gravamen (essence) of the complaint is the IRS’ fraudulent manipulation of a “non-filer’s” Individual Master File (IMF) data associated with its Automatic Substitute For Return (ASFR) scheme.

The fraud occurs when certain Transaction Codes are entered into the Audit Information Management System (AIMS) and requires the use of a push code to bypass the Individual Master File (IMF) safeguards.

The supposed result is the generation of a “Substitute For Return” (SFR) with an amount due of $0.00.  I say “supposed” because, in reality, no SFR is EVER created.

No matter, though.  The IRS subsequently modifies the $0.00 SFR to reflect an amount due for taxes, interest and penalties based on reported Form 1099 or W-2 data. It then creates a “self-authenticating” certification, which is used by the Department of Justice (DoJ) in court proceedings to shield IRS experts from being cross-examined concerning the details of the IMF fraud. This “self-authenticating” certification results in wage garnishment, liens, levies, property seizures, arrest, indictment, prosecution, conviction and imprisonment of ordinary, working Americans.

I was introduced to this fraud by Michael Ellis, who was instrumental in its discovery. At Michael’s suggestion, I sent a request, under the Freedom of Information Act (FOIA), for a copy of my IMF. When I received it. I examined it and determined the IRS had committed the same fraud against me as it did against Michael, indicating that this fraud is systemic in nature.

So, I gathered all my evidence and filed a complaint with the United States District Court for the District of Columbia. The complaint was assigned to Judge Colleen Kollar-Kotelly and given the Case Number 1:15-CV-01288.

For the purpose of educating you about how the IRS, the Department of Justice (DoJ), and the Courts commit fraud every day against ordinary Americans, I have set up a separate page on this website entitled “1:15-CV-01288” where I will post all of the documents related to this case.

As of this writing, there are six (6) documents posted there, with more to follow, as the case progresses.

Please follow the timeline below and feel free to download, read, and share any, or all, of the linked documents:

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TIMELINE

August 4, 2015

McNeil – Original Complaint (122 pages 5.4mb)

http://www.ram-v-irs.com/CV-Docs/001-20150804-McNeil-1-15-CV-01288-McNeil-v-Commissioner-Original-Complaint-with-Affidavit-and-Evidence.pdf

August 5, 2015

McNeil – Cover letter to DoJ Caroline Ciraolo (115 pages 4.1mb)

http://www.ram-v-irs.com/CV-Docs/002-20150805-McNeil-Cover-Letter-to-DOJ-Caroline-Ciraolo.pdf

August 13, 2015

USDC – Judge Colleen Kollar-Kotelly – Order Establishing Court Procedures (9 pages 636kb)

 http://www.ram-v-irs.com/CV-Docs/003-20150813-USDC-Order-Establishing-Court-Procedures.pdf

September 25, 2015

McNeil – Affidavit as Proof of Service of Summonses (8 pages 1.1MB)

http://www.ram-v-irs.com/CV-Docs/004-20150925-McNeil-USDC-Affidavit-as-Proof-of-Service-of-Summonses.pdf

October 19, 2015

DoJ – Motion to Dismiss with Memorandum in Support (17 pages 342kb)

http://www.ram-v-irs.com/CV-Docs/005-20151019-DoJ-Motion-to-Dismiss-with-Memorandum-In-Support.pdf

October 20, 2015

USDC – Judge Colleen Kollar-Kotelly – Ordering Plaintiff’s November 13, 2015 Response to DoJ Motion to Dismiss (1 page 19kb)

http://www.ram-v-irs.com/CV-Docs/006-20151020-USDC-Ordering-Nov-13-Response-to-Motion-to-Dismiss.pdf

The outcome of any legal proceeding is unpredictable, and this case will be no exception.

I’ll post another blog after I file my opposition to the DoJ’s Motion to Dismiss and provide a link to that document for your further education.

Stay tuned.

In liberty,

Bob McNeil
21st Century American Revolutionary
Founder/President – American Citizen Party
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