My Respose to the Petition

   Posted by: BobMcNeil   in IRS

After spending many late nights and weekends reading court rulings, studying the law, and writing, I completed my response to the United States of America’s “Petition to Enforce Internal Revenue Service Summonses”. I sent one (1) copy to the IRS and two (2) copies to the Clerk of the Federal District Court, Southern District, in Houston, Texas on April 15, 2008. United Parcel Service (UPS) tracking documents indicate that both parties received the response on April 17th, in compliance with the requirement that I file a response within 20 days after the Petition was served.

My response is 74 pages long (double spaced in 14 point font) and provides all of the reasons I should NOT be compelled by the Court to comply with the June 25, 2007 and September 19, 2007 summonses, issued by the Internal Revenue Service.

In summary, I raised the following issues for the Court’s consideration:

The Internal Revenue Service Petition is defective and should not be enforced.
The Internal Revenue Service Summons, dated July 25th, 2007, is defective, and should not be enforced.
Petitioner committed perjury in its Declaration regarding the Summons dated July 25, 2007 and the Summons should not be enforced.
Petitioner’s Counsel filed a false Petition, and Roger Caris, Revenue Officer committed perjury, by falsely stating that Respondent failed to comply with the Summonses dated July 25, 2007 and September 19, 2007.
The Internal Revenue Service Summonses, dated July 25th, 2007 and September 19th, 2007, violate relevant sections of 44 USC 3500, and should not be enforced.
The Petition submitted to this Honorable Court should not be enforced because the Summonses fail to meet the criteria set forth in United States v Powell.
The United States Constitution, relevant U.S. Supreme Court rulings, and Appellate Court rulings prohibit the imposition of a direct tax on individuals without the rule of apportionment.

Included with my response were 42 Exhibits, totaling over 600 pages, containing copies of my correspondence with the IRS since June 2005, along with excerpts from the U.S. Constitution and numerous Supreme Court and Appellate Court rulings, supporting my position that I do not have any Federal income tax liability for any tax year.

As with any court action, the outcome is unpredictable. My success depends on the Judge’s willingness to rule according to precedent law. I’ll find out at the show cause hearing at 9:00am on Thursday, April 24, 2008.

In the meantime:

Click on the following links for information relevant to this blog:
087 RAM Response to Petition 20080415 (2MB)
088 RAM Exhibits to Response to Petition 20080415 (55.8MB)

No direct un-apportioned tax confirmed by the US Supreme Court rulings in

CHAS. C. STEWARD MACH. CO. v. DAVIS, 301 U.S. 548, 581-582(1937)

Knowledge is power. Educate yourselves.

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This entry was posted on Tuesday, April 15th, 2008 at 3:09 am and is filed under IRS. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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